42+Years' experience
50+Times testified / retained
10Disciplines
Disciplines
Digital ForensicsCell Phone / Mobile Device ForensicsComputer ForensicseDiscoveryEvent Data Recorder (EDR) / Black BoxElectronic Medical Record (EMR) ForensicsElectronic Logging Device (ELD) ForensicsQuestioned Documents / HandwritingEmail System ForensicsData Fabrication Forensics
About
For over 42 years, Scott Greene has been helping judges, attorneys and organizations understand data. He collects, analyzes and explains complex electronic and digital evidence in legal matters. His experience spans many facets of digital technology, including cell phone forensics, black boxes and event data recorders (EDRs), triangulation, electronic logging devices (ELDs), computers, electronic medical record (EMR) forensics, eDiscovery and mobile device passcode breaking.
Scott founded Evidence Solutions, Inc., a forensics and expert witness firm, and now heads its Digital Forensics Division. He is an Affiliated Professional Member of the American Bar Association and has served as an Expert Witness and Special Master in both federal and state courts, providing expert testimony in more than 50 cases.
Scott's knowledge draws clients to him from across the United States and internationally for consulting and expert witness services in computer, technology and digital forensics. He is a sought-after speaker and educator who travels the country presenting to local, regional, national and international organizations.
Service areas
- Accounting & Medical Billing Systems Forensics
- Accounting System Forensics
- Black Box / ECM / ECU / EDR / DDEC Download & Analysis
- Black Box / Event Data Recorder (EDR) Forensics
- Cell Phone Carrier Forensics
- Cell Phone & Mobile Device Forensics
- Computer Forensics
- Data Fabrication Forensics
- Digital Camera & Digital Photo Forensics
- Digital Copier Forensics
- Document & Spreadsheet Forensics
- Electronic Device Forensics
- Electronic Logging Device (ELD) Forensics
- Electronic Medical Record (EMR) / Electronic Health Record (EHR) Forensics
- Email System Forensics
- Event Data Recorder Forensics
- File Date Forensics
- PDF Document Forensics
- Printer & Fax Machine Forensics
Testifying experience & credentials
Qualified as an expert in digital evidence more than fifty times:
- Civil and criminal matters
- Appointed as Special Master
- Retained by both plaintiff and defense
- Insurance, corporate and family law matters
- Justice, Superior and District Courts, and arbitration hearings
Engagement split: Civil defendants 30% | Civil plaintiffs 50% | Criminal defendants 20%
Founder and Head of the Digital Forensics Division, Evidence Solutions, Inc.
Affiliated Professional Member, American Bar Association.
Representative matters
Facebook as Evidence
In a trucking case, the defendant driver was a regular Facebook poster who shared photos of his driving with location data attached. From those posts I established where and when he started his trip, then calculated the driving time to the crash site: a trip of over 1,650 miles that should have taken more than 25 hours of driving. Using the time difference between the Facebook posts and the officer-reported time of the crash, I determined the driver completed the trip in under 31 hours. His driver logs told a completely different story, which was used to show he had broken hours-of-service rest rules and was likely fatigued when he ran into stopped traffic in a construction zone, killing one person and injuring several others.
Multiple Cell Phones in a Truck Case
In a Texas truck wreck case I was retained to examine both the carrier Call Detail Records (CDRs) from AT&T and the Android phone of the defendant driver of an 18-wheeler. The CDRs showed SMS activity at about the time of the crash. Counsel for both sides and the defense's own cell phone expert were present when I supervised standard Cellebrite downloads. The data did not date back to the crash, and the phone's serial number did not match the serial number in the CDRs. The device produced for inspection was not the phone in use at the time of the crash. I prepared an affidavit and testified at an evidentiary hearing, which resulted in sanctions against the defendant and defense counsel.
Intellectual Property / Patent Case
A California company's former employee was accused of taking his employer's device design before resigning. We worked for the former employee. PDF documents were produced with dates predating his departure, attached to emails that had been printed and presented as originals. As the investigation progressed, the metadata dates inside the PDFs proved to be after the employee left. The email system showed multiple internet domains, including a newer domain that did not exist before his departure, and forensics on the Microsoft Exchange server showed it ran a version Microsoft released years after the dates on the emails. In the end it was shown that the company's owner had fabricated the PDF documents and emails to falsely accuse an innocent employee.
Truck Tracking and "Hyper Drive"
In a Texas commercial-vehicle collision case I determined why a truck appeared to move across the map without using any roadway. The driver wanted to exceed the Hours of Service allowed under the Federal Motor Carrier Safety Regulations, so he unplugged the Electronic Logging Device, drove several more hours and hundreds of miles, then plugged it back in. The GPS record showed a "hyper drive" hop to a location hundreds of miles away. Initially the carrier was suspected of involvement, but at one point the driver reconnected the ELD about half a mile short of the depot he was visiting, which pointed to the driver acting alone.
Note: ELDs are made by GeoTab, PeopleNet, Qualcomm / Omnitracs, Teletrac and others. They connect to the engine ECM / ECU, replace paper driver logs and often transmit diagnostic and location data back to company headquarters.
Dram Shop / Point-of-Sale Data Case
In Texas I was engaged to examine data from a point-of-sale system at a national restaurant chain franchise. The question was whether a group that included underage individuals had been overserved. Data that should have been in the POS system had gone missing. At an evidentiary hearing, my testimony helped show the data had been deliberately deleted. The spoliation led the magistrate to order death penalty sanctions against the defendant restaurant and bar, and the defense settled the case shortly afterward.
Note: Death penalty sanctions strike a party's pleadings as a result of discovery abuse, eliminating any defense that party would have had on the merits of the case.
Electronic Medical Record Case
In New Jersey I investigated an OBGYN who owned his practice and a license for the Medisoft EMR system, hosted on Windows servers in his office. In 2014 he failed to advise a pregnant patient to have an amniocentesis. The patient maintained she had not attended on the date the doctor claimed. The child was born with abnormalities and the mother sued in 2016. In 2018 the physician added backdated records to the EMR, including PDF documents purporting to show the visit, and at the same time turned off and erased the EMR audit trail. My inspection found evidence in the EMR system and embedded in the attached PDFs proving the entries had been fabricated years after the alleged visit.
Federal Criminal Defense Case
Working with a Criminal Justice Act court-appointed federal public defender, I investigated an accusation against an IT services provider charged with two counts of extortion relating to damage to a protected computer under 18 U.S.C. Section 1030(a)(7)(C). We showed the underlying investigation was flawed and that some of the initial representations made to the court by investigators and prosecutors were not accurate.
Case summaries are illustrative and anonymised. They do not represent a guarantee of outcome.
Speaking, teaching & CLE
Scott Greene educates and inspires through speaking, teaching, training and continuing legal education engagements. He presents on a wide range of digital evidence topics to bar associations, trial lawyer groups, judicial conferences and professional bodies across the country. He has delivered 200+ CLE and professional presentations since 2001. "I truly enjoy sharing my knowledge." - Scott Greene
Recent and selected engagements. Scroll for more.
Coverage
Nationwide
Arizona (based)
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