Digital Forensics Dispatch

Digital Forensics Blog
by Sensei Enterprises, Inc.

FBI Agents Conduct Illegal Evidence Tampering

May 3, 2022

Cision PR Newswire recently published an article about FBI agents illegally tampering with digital evidence – information provided by Joseph Tully Law Firm.

In 2019, NXIVM (an American cult that engages in sex trafficking) leader Keith Raniere was convicted of sex trafficking children, conspiracy, and conspiracy to commit forced labor. His attorney Joseph M. Tully filed a motion on April 29, 2022, seeking a stay of the appeal for Keith Raniere.

The motion introduced three reports from expert witnesses of new evidence of FBI tampering with digital photographs found on a camera card and a hard drive.

Joseph Tully Law Firm said, “Expert reports from Dr. J. Richard Kiper, Ph.D., PMP, Steven M. Abrams, J.D., M.S, and Wayne B. Norris allege that the government tampered with key evidence that it then offered into evidence against Mr. Raniere during his jury trial.”

Tully also added, “Per the expert report of a former FBI Special Agent, computer images and photographs used to convict Mr. Raniere at jury trial were materially altered when in FBI custody. Specifically, there is evidence that computer data related to digital photographs taken of a nude female were altered so that the year that these photographs were taken was changed. This was used by the government to establish the female as being under the age of eighteen at the time the photographs were taken.” 

One of the crucial findings described in the motion alleges that two FBI agents went against protocol and took the camera and the CF card out of the evidence control two separate times, for a combined total of 24 days.

Another key finding is that the backup folder on the hard drive that contained the alleged contraband contained folders and dates that were manually changed to make them look autogenerated in a way that agrees with the narrative of the government.

The third major finding is that while the CF card was in FBI custody, it was altered and accessed without proper authorization. In addition, the thumbnails originally of a brunette, changed to thumbnails of a blonde.

The three experts, Kiper, Abrams, and Norris declared that the most reasonable explanation for the multiple inconsistencies on the hard drive and the CF card are to support the government’s narrative.

They also added that the government acted with, “malfeasance, tampered with the evidence – destroying, constructing, and altering it.

The three experts either specialize in digital/computer forensics or are experts in the field of law.

Email:    Phone: 703.359.0700
Digital Forensics/Cybersecurity/Information Technology