The challenge
Assist a client with a workplace sexual harassment wrongful termination case.
Our client needed to refute claims of sexual harassment in the workplace. The Plaintiff presented an alleged photo of iPhone 5 text messages to support her claims. The Plaintiff claimed her original iPhone 5 was not functional, making the original data unattainable. She ultimately did produce the iPhone 5, but did not produce a working passcode.
Our client needed an authority in the following:
- Data recovery
- Forensic analysis
- Expert testimony
Our approach
iDS was engaged to inspect the evidence and the device to test the reliability of the evidence of harassing text messages.
The iDS Forensics Team inspected the inoperable phone and alleged photo, which was determined to be a manipulated graphic – not a photograph. iDS also identified elements in the graphic that would not naturally exist on an iPhone 5, such as iOS elements from future iOS systems released after the alleged sexual harassment took place.
The iDS Forensics Team successfully identified more than 50 inconsistencies in the evidence, including:
- The graphic’s incorrect design, font, spacing, and configuration of time and dates, which contradicted the default Apple elements.
- Missing content that contradicted other evidence in the case.
- A WiFi signal and a cellular carrier signal, which conflicted with her testimony, and with the physical inspection of the iPhone
The result
iDS was the sole defense expert at an evidentiary hearing. Citing our testimony in court and our written report, the judge found that the Plaintiff submitted false evidence, gave false testimony, submitted a false declaration, and lied in open court.
The court awarded $158,000 sanctions against the Plaintiff, the Plaintiff’s attorney, and the attorney’s law firm.
Client, matter, and party details are withheld to protect confidentiality.
