Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

21st Century Data Dumps and the 'Brady' Rule

By Peter A. Crusco
November 01, 2021

Years ago, before smartphones and at a time when the Internet was not such a significant part of our lives, a young prosecutor drafted a search warrant for a "chop shop" that was using the front of a legitimate secondhand dealership, otherwise known as a junk yard, to steal, dismantle and traffic in the stolen parts trade at an enormous profit. The warrant was duly endorsed and issued by a New York City Criminal Court Judge. The detectives of the elite NYPD's Auto Crime Division, risking life and limb in the intentionally dilapidated premises, executed the warrant early one morning, resulting in the subsequent laborious endeavor for the prosecutor — the review and inspection of thousands of seized documents to match the recovered identifiable parts with the cars reported stolen against the business' "police book," that is, the inventory parts logbook.

|

20th Century Document Dump

At the time there was limited use of computers. In the District Attorney's Office, the only computers were used for word processing. In the yard, a computer did not meet the specific needs of the "connected" business owner, so nothing was computerized. The owner of the yard, a ranking member of one of the five organize crime families that have their headquarters in New York City, had apparently gotten his staff special training in accounting principles from the family-friendly but unlicensed CPA. As a result, when the police executed the warrant, they discovered that "records" of most of the business' transactions and sales receipts were conveniently "stored" in a rather large, sturdy old cardboard box which once contained a brand new washing machine. The yard owner definitely had a sense of humor. Some of those transactions found their way into the required police book (euphemistically called a "police book" because under the law, Vehicle and Traffic Law §415-A, the authorities could enter and request to inspect the book and a sampling of parts for accuracy). Of course, when dealing with an organized crime front, those false ledger entries were usually subsumed under some creative bookkeeping methodology that usually required a forensic document decipher.

At the time of the execution of the warrant, the cardboard box contained thousands of handwritten scribbled notes, many illegible, of transactions and receipts ostensibly to cover the huge amounts of illicit profit from the sale of stolen parts and the trafficking in stolen cars, as well as to deter any pesky auditor from the City's Tax and Finance Department. Adding to the difficulty in making sense of the seized documents were that many of them were "trademarked" with 10W30 art work. After much analysis, the prosecution team decided to copy all the documents found in the box and deliver a copy to the defendants' attorneys. Some of the documents may have been intentionally placed there by the business operators to misguide any would-be auditor.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
How Secure Is the AI System Your Law Firm Is Using? Image

In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.

Fifth Circuit Rejects Majority 'Independent Economic Value' Test for Infringement Damages Image

Most of the federal circuit courts that have addressed what qualifies either as a "compilation" or as a single creative work apply an "independent economic value" analysis that looks at the market worth of the single creation as of the time when an infringement occurs. But in a recent ruling of first impression, the Fifth Circuit rejected the "independent economic value" test in determining which individual sound recordings are eligible for their own statutory awards and which are part of compilation.

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.

AI Governance In Practice Image

Regardless of how a company proceeds with identifying AI governance challenges, and folds appropriate mitigation solution into a risk management framework, it is critical to begin with an AI governance program.