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E-mail: The Prosecutor's New Best Friend

BY Robert J. Giuffra, Jr.
September 24, 2003

Over the past 10 years, e-mail has replaced the telephone as the favored method of communication within Fortune 500 companies. The typical employee might send or receive dozens of e-mails per day, with the amount of e-mail traffic growing exponentially the higher up the employee sits on the corporate ladder. In a large company, the CEO might receive hundreds of e-mails daily, leaving to an assistant the task of 'screening' them. This explosive growth in e-mail has not been lost on prosecutors. In case after case, prosecutors are securing convictions with carelessly written e-mail. Because e-mail is a form of almost instantaneous communication, it has replaced the wiretap as the best source of incriminating evidence in white-collar prosecutions.

The E-mail Revolution

The e-mail revolution in corporate communication has accelerated with the increased use of home computers and portable communications devices such as the 'Blackberry.' Now, the business day never ends. Employees can send and receive e-mail literally around-the-clock ' from home, from cars, and while on vacation. People write things in e-mail that they would never write in a memo or letter ' and with far less concern about content and accuracy. E-mail is viewed as only slightly more formal than speaking on the telephone, and encourages a stream-of-consciousness style that easily can be misconstrued when viewed out of context.

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