Expert Testimony Aids AUD500,000 Win in Federal Court Case
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May 07, 2025
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A former account manager at heavy transport and logistics insurer AEI Insurance Group was accused of soliciting more than 40 clients to a rival firm after resigning. He claimed that two phones, which might have contained key SMS and call logs, were accidentally destroyed. Michael Khoury from FTI Technology was engaged as an independent digital forensics expert to testify about the respondent’s failure to preserve electronic records.
Our Impact
- FTI Technology’s expert identified the suspicious absence of SMS messages and historical call logs on the defendant’s third phone, suggesting deliberate deletions to obstruct the investigation.
- The court relied heavily on our findings, citing several of our expert’s opinions in the final judgment, particularly concerning the phone’s reset call logs and deleted messages.
- The judge ultimately ruled that the defendant had acted to frustrate the client’s attempts to access relevant documents by destroying or manipulating digital evidence.
- AEI Insurance was awarded AUD500,000 in damages for breach of contract and misuse of confidential client information.
Our Role
- FTI Technology’s expert analysed the respondent’s third phone for evidence of suspicious deletions related to the investigation and collected findings to present to the court as an appointed independent digital forensics specialist.
- Mr. Khoury’s forensic examination of the phone identified unusual patterns, such as the complete absence of active SMS messages and call logs prior to a specific date, and concluded that this absence indicated deliberate actions by the defendant to remove potentially incriminating communications, reinforcing suspicions of evidence tampering.
- Leveraging FTI Technology’s forensic expertise, Mr. Khoury provided an expert opinion that the absence of expected data on the phone was “highly unusual” and signalled efforts by the defendant to conceal interactions with AEI’s clients.
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Related Information
Published
May 07, 2025
Key Contacts
Senior Managing Director, Head of Australia Technology