Chapter 20: It Was Very Different

June 12, 2000, Los Angeles, California

The defense attorney rose, and I steeled myself for questions which would try to raise doubt, and give the expert for the defense a chance to rebut what I’d said. I’d read his deposition and I had drawn the conclusion he was a classic nerd. That worked seriously in my favor, and I hoped against hope he would try to attack my simplistic explanations with this jury.

“Mr. Adams,” the defense attorney said, “isn’t it possible that someone could spoof the address, similar to how blue boxes were used to spoof the telephone network?”

“No,” I replied. “That won’t work for one of several reasons. First of all, if two computers claim to have the same ‘IP address’, neither of them will work, because they will put up a warning on the screen, and a record will be made of the error. Second, if a sophisticated person tried to actually forge the information going over the wires, the communication would fail because a ‘handshake’, similar to completing a call through the phone system, would fail. Basically the computer receiving the forged information would send it to the computer with the legitimate information.”

“Is there ANY way a sophisticated person could forge the communications?”

“Not if the defendant was successfully using his computer, which we know because his username and password were entered and the records show he used his electronic mail and was viewing web pages on the internal company server and the internet.”

“But someone could have used his username and password?”

“Yes, that’s true, if he had revealed it to them. Or if they had installed spy software called a ‘key logger’.”

“And so someone sitting at his computer, with his userid and password, would look the same as if he was doing it?”

“Yes, except he sent email from both his company account and a personal account on the internet during the time.”

“Which could have been done by someone else, right?”

“Including Santa Claus or the Easter Bunny, if you want to go down that route.”

“Your Honor!” the defense counsel protested, but I’d made my point, as the jury was laughing.

“Sorry, Your Honor,” I said quickly and with a soft smile. “The answer to his question is obviously ‘yes’.”

“Proceed, Counselor,” the judge instructed.

“Is it possible that the logs, the records as you call them, could have been tampered with?”

“Yes,” I replied simply, laying the trap which Megan had prepared for her re-direct.

“So therefore the logs are unreliable.”

I shook my head, “No. You asked if it was ‘possible’, not if it had happened.”

The fifteen seconds of silence which followed made it clear he’d walked right into the trap and he knew it.

“Do computers make errors?” he asked.

I was tempted to say ‘no’, but a pedantic discussion about programming versus hardware errors and how they affected systems was something that would be lost on the jury.

“Yes, of course,” I replied. “And they make some real dooseys!”

The jury laughed, further confirming I had them effectively in my pocket.

“How do you know what happened wasn’t the result of some kind of error.”

“In addition to keeping records of things that are done, computers keep records of errors. For example, the software which my company produces creates detailed records anytime there is an error, and displays those errors for either the user of the computer or the person who administers the main computer, usually both.”

“What about an undetected error?” he asked. “Is that possible?”

“There were no anomalies in any of the forensic information which indicated any kind of error, even ones not heretofore detected.”

“How can you say that?”

“Because everything about the systems conforms to known and expected results.”

“But it’s possible, right?”

“Yes.”

He was clearly setting up for his ‘expert’ to talk about inaccurate logs, undetected errors, and stolen passwords, but I knew those were going exactly no place. One of the wonderful things about being a plaintiff in a civil trial was that you could sandbag in a way that the prosecution couldn’t do in a criminal trial. And Megan had just sandbagged the defense.

“No further questions, Your Honor.”

“Re-direct,” Megan declared, standing up.

“Go ahead, Counselor,” the judge replied.

“Mr. Adams, how do you know the logs, the records, weren’t tampered with.”

“Because they use a dual-recording system. One copy of the records is stored directly on the main computer. The other is written onto a writable Compact Disc, with validation codes called checksums and digests. Basically, they prove that the logs have not been tampered with.”

“Do both sets of logs match?”

“Yes. They’re identical. There is no way the records could have been tampered with.”

“Your honor, we’d like to introduce the Compact Disc into evidence, along with the detailed forensic comparison prepared by Mr. Adams’ company.”

“So ordered,” the judge said.

I saw the defense attorney sag because he’d just been defanged. But I knew Megan wasn’t done just yet.

“Mr. Adams, you said earlier that the defendant accessed his personal email. To whom did he send email?”

“His wife,” I replied.

And having seen the email, obtained with a subpoena, I knew it contained information which Megan was sure was known only to the defendant and his wife.

“Thank you, Mr. Adams. No further questions. I reserve the right to recall Mr. Adams as a rebuttal witness, should it be necessary.”

“So ordered,” the judge said. “Re-cross?”

“No, Your Honor,” the lead defense attorney responded.

He had NO idea what was coming next, and it would take away nearly every other line of defense.

“We call Al Northrup,” Megan said.

He was the owner of the company which had installed the security system and his testimony was going to be devastating. After getting his name, address, and company information, Megan had him go through the logs of who had come into and out of the building, which I was sure the defense knew about. It was the NEXT thing, that I suspected they didn’t know.

“Mr. Northrup, are there security cameras in the office?”

“Yes, focused on the entrance doors, emergency exits, and the computer room door.”

“They aren’t for surveilling employees?”

“Not in their offices. They’re there to record access to the exterior doors and the computer room door.”

“Does one of those cameras show a portion of the hallway outside the defendant’s office?”

“Yes.”

“Your Honor, I’d like to introduce the security camera recording from the day in question,” Megan said.

“Objection!” the defense attorney exclaimed, rising to his feet. “The defense was not aware of this evidence.”

I wanted to laugh because he HAD to know that the videotapes existed based on the evidence list, but it appeared he hadn’t reviewed them.

“Your honor,” Meghan said smoothly, “We listed ‘all available videotapes made by the security system’ on our evidence list and made copies available to the defense.”

“Objection overruled. The evidence is ordered admitted,” the judge ruled.

“What does the recording show, Mr. Northrup?”

“That the defendant entered his office before his userid was used to access the computer, that no other person entered, and that he didn’t leave until his userid was logged out.”

The lead defense attorney quickly stood up.

“Your Honor, may we have a recess to confer with opposing counsel?” he asked.

“I think that’s a grand idea,” the judge said. “The witness is excused. We’ll recess until 1:00pm.”

He banged the gavel and we all stood and he left the courtroom. The jury was shown out and the three attorneys on the defense team conferred with Megan and a junior associate from FJF. The handshake between the lead defense attorney and Megan told me everything I needed to know. After she spoke to her client, she came to talk to me.

“$5000 in restitution from the defendant, he’ll be fired by his new company, and they’ll pay damages equivalent to attorney’s fees and costs, plus a hundred grand in liquidated damages. They’ll also sign an agreement to reveal and then destroy any information they received.”

“Not going for the jugular?” I asked with a grin.

“I believe this is exactly how you would have handled it!” she replied. “The real issue was making sure my client’s confidential information was protected. The company who was also a defendant consistently denied having the information. They changed their tune once we had the employee dead to rights.”

“That is what I would have done. I’m still trying to figure out why California wouldn’t bring criminal charges.”

“Computer crime is tough to prove, and as we discussed, the standard of proof is much higher in a criminal case. Not to mention whoever the state brought in as their expert would not have been anywhere near effective as you were, and would have put the jury to sleep instead of engaging them. They were literally on the edges of their seats, laughing, nodding, and smiling. Think about that!”

I nodded, “Which goes back to your admonition to stay away from the technical details as much as possible.”

“Exactly. If I’d needed to have you rebut some technical point, I’d have called you to the stand again. And I’m sure you remember that in a criminal trial, the State couldn’t have withheld the second set of logs, and would have had to reveal what the videotape showed, and they would have been able to prepare rebuttal testimony. The defense didn’t ask for any of that from us - they just asked for the logs, which we provided. They assumed the cameras showed nothing, and didn’t ask for the tapes. That’s why I told you back in November not to mention either of those things unless you were asked directly. They never asked for them. Remember what you said in your deposition?”

“That the logs could be validated with MD5 hashes and checksums.”

“Did you lie?”

“No, of course not!”

“And did they ask you about the videotape?”

“Nope. Was there any way he could claim he didn’t know he was being recorded? You know, some kind of claim along those lines?”

“No, it’s in the employee handbook and disclosed. This is California, after all! He obviously knew about the card key system, but that only proves he entered the main office, similar to your setup in Chicago. And those tapes were listed as evidence. But given we could prove he was in the building, they assumed we didn’t need the tapes.”

“We’re actually expanding our system so you have to put your card into a reader to login to your computer. You need that, plus your userid and password. That makes it impossible to share your password unless you share your card key as well, which would mean you couldn’t even get into the bathrooms at the office!”

“That one surprised me!”

“The women’s bathroom always required a key, but when we switched to card key access for it, we put one on the men’s room, too. Visitor badges open either the men’s or women’s bathrooms, depending.”

“Your personal office requires a card key, right?”

“Yes, as do Stephanie’s, Elyse’s, Bob’s, Deborah’s, the accounting office, and Eve’s. But we all keep our doors open except when we’re out of the office. Even then, mine is open unless Kimmy, Penny, and I are all gone.”

“They’ve talked about that kind of thing for the FJF offices, but when it’s brought up, you know the first thing that’s said, right?”

“Somebody invokes ‘Devasher’ and The Firm!”

“Exactly!”

“I’m sure Ben told you about the Chicago version of Bendini, Lambert and Locke, right?”

“Complete with murdered lawyers! But I also hear that most of the ‘Moroltos’ are in prison or awaiting trial.”

“The FBI has pretty much run them all to ground. The unions are still there, and so is construction, but the bosses and capos are pretty much gone. Now we just have corrupt politicians, which are actually worse!”

Megan laughed, “Ben told me what you think of the Mafia! Let me get my things and we’ll get some lunch. You’re free for the afternoon because we’ll settle at 1:00pm.”

“Then I’ll go hang out at the NIKA office once we eat. You can reach me on my mobile, and I’ll see you for dinner with Ben.”

“Thanks for flying out.”

“You’re welcome. You could have done this without me.”

“I knew we could make them pay for you, and I knew you’d do a better job of this than anyone local I could get. Plus I get to see you!”

I chuckled, “You are SUCH a flirt, even though I know you won’t sleep with a married man!”

“Not to mention I got engaged two weeks ago!”

“And this is the first I’ve heard about it?”

“We’ve been living together for two years! This is hardly news! We’ll have a judge do a ceremony at my parents’ place in Palm Springs in the Fall. Just a small thing.”

“Congratulations,” I said checking her hand.

“He’s cool with me not wearing the ‘Rock of Gibraltar’ in court. “It’s WAY too flashy. You’ll see it tonight.”

“Leave it to a stock broker,” I chuckled.

“Says the man who has access to a private jet whenever he calls up his friend the millionairess!”

“Possibly,” I grinned.

She went back through the gate, gathered her things and then we went for lunch at a diner about a block from the courthouse. When we finished, she headed back to court and I went to the office, but only Rafaela, who had phone duty for the day, was in the office. Andy, Juana, and the rest of the team were out in the field.

“Hi, Steve!” she exclaimed, jumping up to greet me.

“I see you’re holding down the fort.”

“Aisyah will be back in about thirty minutes. We didn’t expect you today.”

“The case was settled after Megan Burch sandbagged the defense.”

“She’s awesome. Do you have plans for the afternoon?”

“Just to sit in an office, check my email, and make a few calls.”

“Cool. I’m here if you need anything at all!”

“Thanks.”

I went to the ‘guest’ office and used the computer there to check my email. I replied to all of the ones which needed my input, forwarded a couple to my sister or Bob, and then quickly checked the news.

“Hi, Steve!” Aisyah said from the door to the office.

She was a very pretty Syrian girl whose family had fled Syria at the time of the Corrective Movement, the last of a series of coups and counter-coups which had left Hafez al-Assad in charge of the country.

“Hi. How are things?”

“Busy!”

“Are you taking Thursday off?” I asked.

She smiled, “Yes. I appreciate you remembering our holidays.”

“To be honest, I looked at my calendar and saw Eid Milad ul-Nabi is Thursday.”

“Which is more than most people would do!”

“I’m not sure what I should say. Happy Prophet’s Birthday, peace be upon him?”

She laughed softly, “I think that will do, unless you want me to teach you Arabic and how to say «الشهادة» (aš-šahādah)!”

“I know it in English, but I know that doesn’t count, at least for the purpose you mean.”

“So, no conversion today?” she asked with a bright smile.

“No,” I grinned. “Could I interest you in a free membership to the Greek Orthodox Church of Antioch?”

She smiled, “Perhaps not. I promise not to tell Bob if you don’t.”

“Bob has NO sense of humor,” I replied. “And besides, neither of us said anything offensive to the other.”

“Of course not! You honored the Prophet properly, even if you are an unbeliever.”

“And you’ve never been anything but polite when you share your faith as well.”

“I never asked; have you been to a mosque?”

“No. Have you been in a Christian church?”

“No.”

“Then we’re even,” I replied with a smile. “I have been to a Buddhist temple and Shinto shrines, though never in a synagogue.”

“You have a Japanese shrine in your office, right?”

“Yes, out of respect for my karate master who died several years ago.”

“But otherwise you’re not religious, right?”

“I know it’s almost cliché, but I’m spiritual, not religious. You, on the other hand, are extremely faithful.”

“Not to hear my dad tell it! He wants me to wear a scarf all the time, but I just don’t see the need. I wear one when I go to the mosque, but otherwise I don’t.”

“You know we don’t have an issue with that, right? We have a Jewish team member who wears the «כִּיפָּה» (kippah).”

“No, it’s my choice. I didn’t wear one growing up, until I was twelve, when my dad insisted I start wearing it, but then when I went to college, I decided not to wear it. Not wearing it didn’t turn me into a libertine!”

“Unlike me,” I chuckled.

“And yet you’ve never objected nor interfered with me practicing my faith.”

“Why would I? And yes, I know there are Americans who dislike Muslims because of our foolish intervention in the Middle East over the past fifty-five years. But you aren’t responsible for the things done there any more than I am for our military and diplomatic actions, except insofar as I vote.”

“I do appreciate it. So many friends of mine have trouble at work because our holidays don’t align.”

“That will never be a problem here. And if you ever encounter anyone who works for NIKA, or who is a customer, who fails to treat you with proper respect, I want to hear about it immediately.”

“Thanks. I’ll leave you to your work, unless you want to pray!”

“Not today,” I replied with a smile.

She left and I picked up the phone to call the Chicago office. After checking in with Kimmy, she put me through to Stephanie.

“How are things?” I asked when she answered.

“We have the outline of a deal. Ed is REALLY pissed at you.”

“Tough shit,” I replied flatly.

“You never asked what brought this on,” she said. “The cheating, I mean.”

“Because that’s between the two of you,” I said. “My only concern is protecting you; well, and the kids, obviously.”

“And I love you for that, big brother. How is California?”

“Megan won her case. She sandbagged them exactly as she planned. They offered a settlement right after the tape from the security camera was introduced into evidence.”

“And the trap with regard to the logs?”

“They walked right into it.”

“I love it! You’re traveling tomorrow morning, right?”

“Yes. I’ll stop in the office for a few minutes on the way home from O’Hare. I take it Liz showed up for work today on time?”

“Of course. She had her orientation this morning, and now she and Deborah are plotting against you!”

“Right,” I chuckled. “Because Liz would EVER plot against me! Anything else going on?”

“No. I gave the outline of the deal to Gwen and she’ll talk to Ed’s attorney.”

“OK. How are the kids taking things?”

“They wonder why Ed isn’t at the house, obviously. As pissed as I am at Ed, I don’t want to turn the kids against him.”

“That makes sense. Let me know if you need anything.”

“I will.”

We said ‘goodbye’ and hung up, and I checked my watch, got up, closed the door, then dialed the house. Unsurprisingly, Birgit answered.

“Hi, Pumpkin,” I said.

“Hi, Dad! How is California?”

“Good! How are you?”

“Fine. I need extra cuddles tomorrow when you get home to make up for missing them today and tomorrow morning!”

“I think I can oblige,” I replied. “Is your mom there?”

“Both! Let me get them.”

A minute later I was on speaker with my wives.

“How’s California?” Jessica asked.

“Like a Coke commercial,” I replied.

“What?”

“The ‘Real Thing’ in perfect harmony!”

“What did I miss?” she asked innocently.

“The new FJF receptionist is named Harmony. She’s Megan Burch’s niece, complete with red hair, green eyes, freckles, and small, pert breasts.”

“So you put your ‘Real Thing’ into a ‘perfect Harmony’!” she said.

All three of us laughed.

“Exactly,” I chuckled. “Now, who is the agent provocateur?”

“Whatever do you mean?” Kara asked, barely suppressing a giggle.

“Aha!” I exclaimed. “But I’m not objecting. I’m just curious how you managed.”

“Stephanie told us about her,” Kara said, “and after conferring with Jessica, I called Kimmy. You’re not upset, right?”

“Do I SOUND upset?” I asked.

“No! You sound VERY happy!”

“Because I am! Thank you. Just please don’t try to set something like this up every time I travel.”