Engaging Law Enforcement: White Collar Crime/Internal Employee Incident

If you suspect that an employee has stolen data from your organization, it is essential to take appropriate steps to address the situation and involve law enforcement, if necessary. Here's a general guideline on how to work with law enforcement in such a scenario:

1. Preserve evidence: As soon as you become aware of the data theft, take immediate steps to preserve all available evidence. This includes securing any physical evidence, such as computers or storage devices, and maintaining a record of any suspicious activities or incidents related to the employee.

2. Internal investigation: Conduct an internal investigation to gather relevant information and establish a clear understanding of the incident. Document all findings, including the date, time, and details of the suspected data theft, along with any supporting evidence you have collected.

3. Engage Independant 3rd Party: Although you organization may have qualified IT professionals, they are not qualified experts, they are likely not qualified as forensic investigators, and you will need the support experience of these skill sets to support your organization in any future litigation.

4. Consult legal counsel: Seek advice from your organization's legal counsel to understand your rights and obligations, as well as the specific laws governing data theft and privacy in your jurisdiction. They can provide guidance on the appropriate course of action and help you navigate the legal process.

5. Contact law enforcement: If the stolen data constitutes a criminal offense, contact your local law enforcement agency to report the incident. Provide them with the details of the theft, along with any evidence you have gathered during your internal investigation. They will guide you through the reporting process and may assign an investigator to the case.

6. Cooperate with law enforcement: Once law enforcement becomes involved, it is crucial to cooperate fully with their investigation. This includes providing any requested information, assisting with the collection of evidence, and keeping them informed of any developments related to the case. Be prepared to work closely with the assigned investigator, providing any necessary documentation or access to systems as required.

7. Maintain confidentiality: While it is important to share relevant information with law enforcement, be cautious about sharing sensitive details with others who may not have a legitimate need to know. Limit the dissemination of information to only those directly involved in the investigation or with a legitimate legal or business need.

8. Follow legal procedures: Adhere to any legal procedures or requirements set forth by law enforcement during the investigation. This may involve providing affidavits, appearing as a witness, or testifying in court if the case progresses to that stage.

Remember, the specific steps and processes involved may vary depending on your jurisdiction, local laws, and the nature of the data theft. It is always advisable to consult with legal professionals who can provide guidance tailored to your specific circumstances.

For those organizations that wish to pursue an arrest of an individual, be sure to follow the recommendations above.