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Analyzing Documents

Analyzing Documents. According to The FEM Manual. A Few General Rules:. Obtain original documents Do not touch originals any more than necessary Maintain a good filing system Chain of Custody must be maintained for evidence to be accepted by the court (see appendix for sample form).

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Analyzing Documents

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  1. Analyzing Documents According to The FEM Manual

  2. A Few General Rules: • Obtain original documents • Do not touch originals any more than necessary • Maintain a good filing system • Chain of Custodymust be maintained for evidence to be accepted by the court (see appendix for sample form)

  3. Obtaining Evidence (Legally) • Subpoena • These are ordinarily issued by the court or by a grand jury. A regular subpoena is used for witnesses • Subpoena Duces Tecum • Calls for the production of documents and records • Forthwith Subpoena • Means that records should be produced instantly • Obtaining documents by subpoena is not possible if the examiner is not an agent of the grand jury or the court (ex: CU investigative committee.)

  4. Search Warrants • Issued by a judge • Upon presentation of probable cause to believe the records have been used in a crime • An Affidavit is normally used to support the request for a search warrant • 4th Ammendment prohibits unreasonable searches and seizures • Almost never used in civil cases

  5. Search Warrants (Cont) • 4th Ammendment would apply to searches of employee desks, file cabinets, computers • Voluntary consent is the obvious preference for examiners. This consent should be in writing – see sample form in appendix

  6. Organizing Your Evidence • Segregate evidence by witness or transaction. Chronological organization is the least preferred method • Make a “key document” file for most relevant documents • Establish a database for easy retrieval

  7. Handwriting Analysis • Avoid using graphologists • Use an expert • Use layers of cotton for charred or partially burned documents • Look for common signs of fraudulent documents as follows:

  8. Signs of Fraudulent Documents • Signature forgeries – side by side comparisons may help, but beware of normal handwriting changes (Howard Hughes and the “Morman Will”) • Substituted pages • Ink differences (Martha Stewart) • Suspicious indented writings

  9. Doc Expert’s Findings • Non-Identification • the suspect did not write the signature • Identification • the suspect did write the signature • Inconclusive • No definite determinations were possible

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