What Have We Done?
United States of America vs. Andrew Edward Flyer
No. 08-10580
C.C.No. 4:05-CR-01049-FRZ-GEE
Flyer Court of Appeals Opinion
After an undercover investigation by law enforcement using the LimeWire file sharing
application, Flyer was indicted on four counts of knowingly transporting and possessing child
pornography. Loehrs was hired to conduct an independent computer forensics examination of
the evidence seized. During the forensic analysis, it was discovered that the evidence had been
significantly accessed after it was seized and much of the child pornography that Flyer was
charged with resided in unallocated space indicating the files had been deleted. At trial, Flyer
was convicted on all counts by a jury. The case went to the Court of Appeals where they
reversed the convictions on counts one, two and three.
Commonwealth of Massachusetts vs. Michael Fiola
0701CR4736
Tarnished Reputation: Boston Herald.Com
A Department of Industrial Accidents employee, Michael Fiola, was issued a DIA laptop
computer equipped with wireless access. When the company noticed activity on the wireless
bill greater than normal, the laptop was reviewed by the IT department where images of child
pornography were found. Fiola was alleged to be responsible for the files, terminated from his
employment and criminally charged. Loehrs was hired to conduct an independent computer
forensics examination of Fiola’s laptop computer. The forensic analysis revealed the laptop was
incorrectly setup by the DIA IT department prior to giving the computer to Fiola, leaving the
computer unprotected for months. An infestation of viruses and Trojans that began prior to
Fiola receiving the laptop computer were ultimately determined to be responsible for the
pornographic activity. The State reviewed Loehrs’ report and could not refute the findings. The
case was dismissed.
United States vs. Lori Drew
CR-08 582-GW-001
Judge Acquits Lori Drew in Cyberbullying Case, Overrules Jury
Lori Drew was alleged to have conspired with others to obtain a fictitious MySpace account for
the purpose of cyberbullying a juvenile, Megan Meier, who committed suicide. Loehrs was hired
by counsel for Drew to conduct a forensic examination of both the Drew and Meier computers.
The forensic evidence revealed a very different story than that which was told by the
government, much of which was never brought to light at the trial. A jury convicted Drew of
lesser misdemeanor charges but the Judge overturned the jury’s ruling and acquitted Drew of all
charges.
James A. Green vs. Lisa Frank, Inc.
No. 2 CA-CV 2008-0028
LFI v Green Court of Appeals Opinion
This case concerns the control and management of the LFI Corporation by James Green and
Lisa Frank who both served on the Board. The trial court entered a stipulated order which
temporarily enjoined Green from removing any intellectual property or other assets from LFI and
to turn over a number of computers belonging to the corporation. Loehrs was hired by LFI to
assist with forensically preserving and analyzing the electronic property turned over by Green.
The forensic analysis revealed that Green violated the court’s Order by copying intellectual
property secrets and destroying electronic data.
State of Arizona vs. Matthew Bandy
CR2005-014635
Technology Entraps the Innocent
After a cybertip from Yahoo! that contraband images had been uploaded to a Yahoo! Group, 16
year old Matt Bandy was arrested and charged with possession of child pornography. Although
Bandy maintained his innocence and passed numerous lie detector and psychosexual tests, he
faced approximately 90 years in prison. Loehrs was hired to examine the Bandy computer
where her preliminary findings revealed approximately 200 viruses, Trojans and other malware
that may have been responsible for the activity. Before any additional forensics analysis was
conducted to determine the extent of the unwanted intrusions, the State offered Bandy a plea
agreement with no jail time and no sex offender registration.
United States vs. Michael Keehn
07-CR 00532
Former TCCA Employee Facing Computer Fraud Charges
Michael Keehn was employed by the Tahoma Colusa Canal Authority (TCCA) for approximately
18 years during which time he designed and implemented a software application to regulate the
canal. Keehn was fired from that position when the TCCA computer unexpectedly shut down
one evening a computer technician for TCCA could not get the computer to boot. It was alleged
that Keehn caused the shut down by remotely accessing the computer and wiping all of the
data. Loehrs was hired to conduct a forensics examination of Keehn’s computers and the
TCCA computer that was allegedly wiped by Keehn. The forensic analysis revealed a virus in
the Master Boot Record of the TCCA computer that would not allow the computer to boot and a
simple fix revealed all of the data was still intact. In addition, Keehn was alleged to have
remotely accessed the computer using a dial up modem, the only means available to access the
antiquated software, but no modem was seized from Keehn’s home and the forensic analysis
revealed no modem was installed on any of the computers. The case was dismissed before
going to trial.