Responsibilities of Structural Engineers as Expert Witness

Expert civil engineers in the construction field have great deal of responsibilities in their job. They directly accountable for the management and planning when it comes to construction dams, reservoirs, buildings, railroads, bridges, and highways. Not only do they assist in designing but they also participate in estimating costs, planning, scheduling, obtaining materials, choosing equipment used, and controlling costs.

However, there is a huge difference between an expert consultant and an expert witness. A consultant may be any person whom a client relies on to be especially well-informed and reliable for assisting with the technical sections of a problem. The recognition and work of the expert consultant may or may not be revealed to the other parties in the legal action unless and until it is finally decided that he or she will be an expert witness. This particular decision is made by the legal team based on the opinion hold by the consultants, the legitimacy of that opinion, the strength of his or her expected testimony, and, as the bottom line, the value of the testimony to the accomplishment of the case.

The work of an expert witness engineers is not much different from examining and reporting on any building project. The legal procedures for the examination are similar to that of any other professional work, requiring precision, knowledge and good reasoning capability. Once the engineer is faced up to the rules of the legal profession, he or she must be aware of the additional rules of forensic activities. This does not modify the general procedures for engineering work, but even makes it imperative to know the conduct and performance of an experienced witness.

It is a must that an expert witness engineers must possess work experience, advanced technical degrees, and certifications in many disciplines and sub disciplines as well including Materials Science and Engineering, Chemical Engineering, Mechanical Engineering, Metallurgical Engineering, Welding, and Corrosion. Among other qualifications, expert witnesses must also specialize in:

Identify defects or evidence of maltreatment

Finding out physical, chemical or mechanical of materials

Helping in subrogation claims

Developing protocols for precision evidence analysis

Determining requirement compliance

Giving detailed and impressive deposition and trial testimony

High-end instrumentation and qualified proficiency

Overall, it is believed that the truthful expert witness is the most valuable and necessary professional in the resolution of claims.

PJ Wright & Associates | Hydraulic consultants Specializing in Expert witness engineers, Hydraulic Design Australia, Hydraulics Consultants Perth, Hydraulic Engineers, Western Australia.

Expert Witness Corner: Inflicted Childhood Neurotrauma (Shaken Baby Syndrome)

Introduction:

Previous evidence has suggested that the shaking of a relatively heavy head about the neck causes such inertial forces within the brain tissue that shearing takes place with rupture of meningeal vessels and diffuse axonal injury, resulting in subdural haemorrhage and neurological damage. The retinal haemorrhages are generally thought to be due to the same shearing mechanisms at work within the vitreoretinal interface. There is a correlation between intra-ocular bleeding, anterior optic nerve haemorrhage and subdural haematomas. When looking at the relative positions of subhyloid haemorrhages at post mortem, it was found that the frequency of position of these haemorrhages coincided with the areas of maximal vitreoretinal adhesion, that is the ora serrata and the optic disc.

Post mortem findings of vitreous traction at the apex of retinal folds and the edge of dome shaped haemorrhages and retinoschisis gives some supporting evidence that vitreous forces may cause this shearing damage. There is no adequate model to test this experimentally, so this remains hypothesis, not established fact. In the situation of isolated intraocular haemorrhage with or without accompanying subdural haemorrhage there continues to be disagreement regarding the possibility of an accidental injury such as a short fall in the domestic setting being responsible for the clinical findings in the absence of other evidence to support non-accidental injury.

The Royal College of Ophthalmologists Working Party concluded in terms of the force required to cause retinal haemorrhages : “..no absolute values can be given for the angular acceleration forces required to produce injury but there is good evidence that they must be considerable..”

In 2003 ‘Brain haemorrhage in babies may not indicate violent abuse’ appeared as a headline in the BMJ following a not proven verdict in the case of a child minder accused of murder at the High Court in Edinburgh. During this case research was presented which purportedly cast doubt that the injuries could only have been due to violent shaking.

Research:

Geddes and colleagues, in a series of papers presented their findings that the most common pathological finding was of brain swelling and hypoxic ischaemic encephalopathy with a significant number of cases having focal axonal damage in the lower brainstem rather than diffuse axonal injury as previously thought. They hypothesized that damage to the brainstem, by hyperextension–flexion (shaking) injury at the craniocervical junction may cause focal damage, resulting in apnoea, and a cascade leading to hypoxic ischaemic encephalopathy, brain swelling, raised intracranial pressure and death. (This has been referred to as the ‘unified hypothesis’.) They further suggested that hypoxia-related leakage of blood from veins both inside the dura and in the subdural space was the source of the subdural haemorrhage rather than traumatic rupture of bridging veins and that in the immature brain hypoxia alone is sufficient to activate the pathophysiological cascade which culminates in altered vascular permeability and extravasation of blood, so that the subdural and retinal haemorrhages were a secondary phenomenon and not due to shearing forces. This led to the conclusion that “..it may not be necessary to shake an infant very violently to produce stretch injury to the neuroaxis…”

These comments related to those difficult cases in which there was little or no external evidence of injury but there were retinal and thin film subdural haemorrhages.

Other researchers have similarly reported the finding of hypoxic ischaemic damage rather than diffuse axonal injury but have not drawn the same conclusions regarding the forces involved.

However in terms of ocular examination there is no description of the retinal haemorrhages, they were either present or absent and they do not mention whether the optic nerves were examined. In the first paper they comment that “…a discussion of the aetiology of retinal haemorrhages…is beyond the scope of this paper. Later in their third paper they discuss the possible cause of retinal haemorrhages;

“ ..retinal haemorrhages can be explained by rises in intracranial pressure and central venous pressure, with and without hypoxia; they are also seen in a proportion of normal infants at birth, as well as in premature babies . In the setting of inflicted infant head injury, it has never been proved that retinal bleeding is directly caused by shaking; rather, it is widely assumed that it results from the shearing forces of the injury, which simultaneously cause retinal and subdural bleeding and diffuse brain damage. However…most infant victims…show very little ..traumatic pathology in the brain, it is appropriate to re-evaluate this assumption….”

Geddes’ pathological findings add little new evidence to the knowledge of retinal haemorrhages in shaken baby syndrome. In evaluating the latter Professor Luthert, an ophthalmic pathologist reviewing the various theories of causation (shearing forces vs other rheological mechanisms), timing and nature of injury concluded:

“….I consider it premature to consider that the eyes are in some way an independent arbiter of mechanism or severity of injury…”

The Geddes publications drew much attention particularly from those involved in child protection because of there conclusions. Punt published a lengthy rebuttal the main thrust of the which suggested intrinsic flaws within the research and a lack of evidence to support the unified hypothesis.

Geddes recently replied to Punt seeking to clarify their hypothesis explaining that whilst some had severe corticospinal pathology a few had strikingly little axonal damage:

“…In other words, in terms of numbers of axons injured, such an injury was trivial and totally survivable. What was not trivial was the child’s response to that injury…we do not know the minimum force needed to stretch the neuroaxis…..” .

Yet again they extrapolate this time from the fact that only a few nerve fibres may need to be damaged means only minimal force may be required to cause this small amount of damage but that the response was catastrophic, and that the damage to a small number of axons would be in itself survivable. This sounds plausible and intuitive, but just because only a few nerve fibres are damaged (and in some cases no obvious axonal damage in this area was found) does not prove that it does not require much force to cause this damage. It would seem that it is not that in terms of the number of axons damaged that determines that it is a trivial injury and survivable but it is the location of that damage.

The main scientific finding of Geddes in the first two papers was that in cases of retinal haemorrhages with thin film subdurals and in the absence of other injuries that the pathological finding is more commonly that of hypoxic ischaemic encephalopathy rather than diffuse axonal injury. This seems to have been lost in the subsequent arguments over the forces required to produce these findings.

Conclusion:

The cause of retinal haemorrhages, including the biomechanics of vitreo-retinal traction, raised intracranial pressure, changes in vascular permeability all remain unproven hypothesis as does the suggested mechanism of haemorrhage from Geddes. We are trying to make informed decisions on the basis of necessarily incomplete observational data, using inadequate mathematical, anthropomorphic and animal models which do not reflect the true nature of the normal infant nor the forces involved in shaking. The minimum forces required to cause such haemorrhage are not known and given that previous assumptions have been based on calculations relating to the generation of diffuse axonal injury, the use of the finding of retinal haemorrhages in isolation as a surrogate measure for the forces involved becomes dubious.

Regardless of the recent debate the observational evidence to date remains that children with non accidental injury may have no visible retinal haemorrhages, whilst non accidental injury and birth are the only circumstances in which multiple retinal haemorrhages in differing layers of the retina have been accurately documented.

This small albeit difficult group should not divert us from a willingness to evaluate the literature critically, participate in reasoned debate and in further research and certainly not detract from the main message… DON’T SHAKE THE BABY!

As a postscript, I would urge any lawyer who has a client who is facing accusations of child abuse, particularly those involving SBS, to instruct an experienced expert witness who can deliver an unbiased, objective report and, where appropriate, oral testimony. As can be seen from this article, the issues involved are extremely complex and are not without opposing views.

William Newman is an experienced Expert Witness and Consultant Ophthalmologist based at Alder Hey Children’s Hospital, Liverpool, UK. You can find an expert witness and view his profile at X-Pro UK, the innovative expert witness directory.

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New York Using Whistleblower Law as Part of Systemwide Effort To Pursue Tax Evasion Aggressively, According to Young Law Group


Philadelphia, PA (PRWEB) April 30, 2014

New York State is actively pursuing businesses that have engaged in tax evasion and wealthy taxpayers who are hiding income offshore. The New York False Claims Act permits individuals to share in the proceeds from these enforcement efforts if they bring forth evidence of tax fraud that results in successful collection efforts from a taxpayer. Unlike many states which do not provide for rewards in tax cases, the law allows accountants, financial professionals and employees of businesses, as well as others who wish to do the right thing when they discover wrongdoing, an avenue to report their information to the government and seek recovery on behalf of their fellow taxpayers.

“Recent enforcement actions by New York demonstrate that the state is actively pursuing collection efforts against tax evaders and would be interested in evidence about others,” according to Eric Young, Esq., Managing Partner of Young Law Group, P.C. “Individuals who have evidence of deliberate evasion or underpayment of taxes, including sales tax, should consult a whistleblower attorney about the procedure for reporting to the government and the potential for a reward based on their information.”

Prior to 2010, New York State did not pay for tax tips. In 2010, New York removed the exemption for cases of tax fraud in the False Claims Act, permitting whistleblowers with evidence of businesses avoiding payment of income taxes or the state sale tax to file a lawsuit to share in the state’s recovery. New York is beginning to see results from the change of the law.

Attorney General Eric T. Schneiderman and New York settled a qui tam whistleblower lawsuit in March brought against Lantheus Medical Imaging Inc. by a tax service provider for alleged failure to pay New York State and City taxes in Anonymous v. Anonymous, case number 102892/2012, Supreme Court of the State of New York, County of New York. Lantheus agreed to pay $ 6.2 million in the settlement for engaging in business in New York without paying applicable taxes.*

New York is also pursuing a tax fraud lawsuit initially brought by a whistleblower against Sprint-Nextel Corp that claims Sprint-Nextel failed to collect state and local taxes on flat-rate access charges for wireless calling plans. It estimates that Sprint has allegedly failed to pay $ 130 million in taxes, resulting in a case for damages of nearly $ 400 million.** The lawsuit is People of the State of New York et al. v. Sprint Nextel Corp. et al., case number 103917-2011, in the Supreme Court of the State of New York, County of New York.

New York’s use of the False Claims Act appears to be part of a systemwide effort to pursue cases of tax fraud. The Department of Taxation and Finance collected 5 percent more in evaded taxes in the 2013-14 fiscal year than it did the prior year.*** The increase of approximately $ 200 million brought the total achieved through enforcement programs for the year to $ 3.9 billion. Additionally, the Department of Financial Services, led by Superintendent Benjamin M. Lawsky, is also conducting an investigation into whether Credit Suisse aided taxpayers in tax evasion. A dual purpose of the inquiry, according to the New York Times, is to recover tax revenue lost by the State of New York. ****

“The real victims of tax fraud are the taxpayers who diligently and honestly pay their taxes every year,” said James J. McEldrew, III, Esq., Of Counsel at Young Law Group, P.C. “Individuals who come forward and tip the government to fraud are performing a public service. The False Claims Act recognizes the valuable contribution they make to society.”

About Young Law Group, P.C.

Young Law Group represents whistleblowers reporting tax evasion, securities fraud and health care fraud to the U.S. Government and various state governments, including New York. For a free confidential consultation about a potential case, please call Eric L. Young, Esq., at (800) 590-4116.

Eric L. Young, Esq., Managing Partner of Young Law Group, represented the first whistleblower awarded compensation by the IRS under the mandatory reward program created following the Tax Relief and Health Care Act of 2006. Young has also served as an expert witness in areas of U.S. whistleblower law and represented clients in some of the largest qui tam recoveries including United States ex. rel. Lucia Paccione v. Cephalon Inc., E.D.P.A., 03-CV-6268.

Additional information about Young Law Group, P.C. can be found at http://eganyoung.com

For attribution purposes: * http://www.ag.ny.gov/press-release/ag-schneiderman-announces-62-million-settlementwith-lantheus-medical-imaging-bristol

** http://www.ag.ny.gov/press-release/ag-schneiderman-wins-right-proceed-groundbreaking-tax-fraud-lawsuit-against-sprint

*** http://nypost.com/2014/04/16/ny-claws-back-3-9b-in-evaded-taxes/

**** http://dealbook.nytimes.com/2014/04/06/credit-suisse-is-said-to-be-facing-double-barreled-inquiries/







Schooner Strategies Adds Reclamere to Growing List of Clients

Annapolis, MD (PRWEB) April 30, 2014

Schooner Strategies, a national consulting firm that specializes in business development and marketing communications, announces Reclamere, a leading data security and IT asset management company, as a new client.

Schooner Strategies is working with the Reclamere team to build a national presence for the company’s data security services.

“High performance data security and IT asset management is a growing need for companies across many verticals,” says Reclamere CEO Angie Singer Keating, CISA, CIPP, CISM, CRISC. “Reclamere is unique in that we identify potential risks and provide the solutions. Our technicians have the capability and expertise to manage the security spectrum, from disposing of old computers in a secure manner to more intensive data security needs, including those that meet HIPAA, HITECH and compliance standards.”

Schooner Strategies, formerly Schooner Healthcare Services, recently expanded its services to appeal to a broader range of clients seeking to grow their business and strengthen industry presence. Reclamere is one of several new clients to join the Schooner client list in 2014.    

“We strive to work with organizations offering products and services that make a difference, and that our team can stand behind when marketing,” says Garry Carneal, JD, MA, CEO of Schooner Strategies. “Data security is a new area for us, but since many of our clients are in health care-related fields, we understand the value and quality of Reclamere’s services. This is an exciting new opportunity for our team.”

Reclamere’s services include:

Data Security

Security Incident Response
Audits and Assessments
Data Recovery
Computer Forensics and Expert Witness
Data Breach Prevention
Compliance Services

IT Asset Management

Secure e-Cycling
Certified Data Destruction
Auditing and Reporting
Service Contract Management
Imaging and Deployment
IT Asset Value Recovery

For more about Reclamere’s upcoming events and speaking engagements, visit http://www.reclamere.com. To be included in upcoming communications from Reclamere, please email tyler(at)reclamere(dot)com.

For news and more information on Schooner Strategies services, visit http://www.SchoonerStrategies.com.

# # #

About Reclamere – http://www.reclamere.com

Reclamere, Inc. is a data security company offering a full range of specialized IT Asset Management and Information Security Services. Founded in 2001, Reclamere is a leader in providing client-focused, environmentally compliant management solutions for end-of-life computer equipment and data destruction services in addition to robust data security services. The Reclamere team provides services that save time, money, and minimize any detrimental impact related to improper disposal of IT equipment. By securely storing, imaging, and managing the deployment of equipment, they guarantee the protection of sensitive information against data breach and data theft, while alleviating any liability issues related to the environmental impact of disposal through the following services, all of which can be performed at their ISO 14000 and NAID AAA-Certified facilities, or on-site at client locations throughout the US.

About Schooner Strategies – http://www.schoonerstrategies.com

Founded in 2007, Schooner Strategies, dba Schooner Healthcare Services, is a national business development and marketing communications firm that utilizes the latest technology and engagement trends to position its clients as leaders in their industry or market. Serving as an extension of their staff, Schooner arms companies and organizations with the tools, resources and industry knowledge to maximize their exposure and keep them on course. With a solid track record of generating dynamic business growth for its clients, the Schooner team creates company brands and promotes real growth without the high costs of a public relations firm or a large internal sales force. Schooner works with clients to develop a rich and clear storyline with succinct message points that explain why a company and its products are the best-in-breed solution. Schooner provides the ideas, tactics and resources to conduct original research, gather vital industry-specific data and acquire important market intelligence and trends information.







Expert Witness Corner: SIM Card Data Retrieval – The Essentials

The Importance Of SIM Cards:

There are more mobile telephones in the UK then there are people – this pervasive technology impacts on almost all areas of industry and life. Unsurprisingly, mobile communications have enabled old crime to be effected in new ways and mobile telephones are increasingly forming a part of criminal prosecutions, where linkages between individuals or evidence of being at the scene of the crime is provided by an analysis of the digital evidence available within the mobile phones.

At the heart of every mobile telephone is the Subscriber Identity Module (SIM), a small fingernail sized chip, responsible for service with a telecom network provider.

Digital Evidence From SIM Cards:

Despite limited memory capacity, the SIM contains a wealth of information that, when considered in context, can greatly aid lawyers in their case preparations:

• Stored telephone numbers/contacts.

• Listings of ‘Last Dialled Numbers’.

• Text messages received, sent, drafted or deleted.

• General location information from last use.

• References to overseas network providers that have been used.

Common Questions:

Q: Could the SIM card have been cloned?

A: SIM cards produced after June 2002 employ the COMPv2 algorithm which provides a number of technical and security safeguards to prevent unauthorised modification. Despite media reports, the cloning of modern SIM cards is an extremely rare practice.

Q: Can my PIN code be cracked?

A: SIM card information can be locked using a four digit ‘Personal Identification Number’. RIPA contains provisions to force disclosure of passwords, however, it is usually easier to request a ‘Phone Unlock Key’ (PUK), enabling PIN settings to over- ridden, from the Data Protection Officer (DPO) at the relevant network provider.

Q: PAYG SIMs are untraceable!

A: With ‘Pay As You Go’ (PAYG) there is no formal contract with a network provider (e.g. Orange) to enable a customer look-up, however, ‘Call Data Records’ (CDRs) are still available from the network provider, providing information as to patterns of communication, calls to/from, time/dates etc. By mapping this information to known acquaintances of the defendant, considering the evidence in the context of other material (such as messages recovered from the telephone handset) and undertaking Cell Site Analyses (CSAs)3 it is possible to prove/disprove ownership of a handset.

Q: Does the SIM reveal who I’ve been in touch with?

A: Even without the disclosure of Call Data Records (CDRs) from the network provider, the SIM provides a plethora of useful information relating to contacts in the form of ‘Last Numbers Dialled’ (LND) and sections of the ‘Contacts Directory’. Numbers that haven’t been saved may still show up in the LND.

Q: Can a telephone handset be uniquely identified?

A: Mobile phone handsets are assigned unique 15-digit numbers, known as the International Mobile Equipment Identifier (IMEI), which is passed to the network provider before communication services can be utilised. This serial number allows specific handsets that have been stolen or blacklisted to be blocked from a network irrespective of what SIM card is inserted. Defences suggesting that a given handset has been ‘found’ and is not owned by the suspect are unlikely to hold water if Call Data Records (CDRs) show a pattern of usage that indicate the owners identity.

Q: What about sending anonymous texts?

A: They are not really that anonymous… If they are being sent via an internet service, there is typically a log retained by the site provider as to the computer IP address that sent the specific message – this can ultimately be tied by to an Internet Service Provider (ISP), and in turn a specific subscriber. If anonymous texts have been sent from a mobile telephone – typically a PAYG handset/SIM – the uniquely assigned International Mobile Subscriber Identifier (IMSI) code embedded in the SIM can be used in concert with CDRs to provide compelling evidence as to the sender identity.

Q: Can deleted text messages & numbers be recovered?

A: Data content (especially multimedia formats) is primarily stored on the handset or on a removable memory stick. The general rule of thumb is that any data that has been deleted can be recovered, however, if it has been over-written it does make the process more complex and the chances of success reduce with every over-write.

Q: Is possession of multiple SIM cards indicative of wrongdoing?

A: Not at all – many individuals are discovering that they can benefit greatly from the free text and talk allowances granted on mobile phone contracts by having two or more SIMs (typically with different network providers). Adapters are available to connect multiple SIMs to a handset simultaneously.

Did you know?

The SIM card will often contain a reference to the last network base station that it communicated with before being disconnected from the telecoms network.

If the SIM card has been used overseas, it is possible to retrieve a reference code from the card that will indicate which national/regional network provider was used.

Language preferences can be stored on SIM cards – useful intelligence for investigators which can open up new avenues of enquiry.

Ross Patel is a forensic computer consultant with Afentis Forensics. You can view the company profile and find an expert witness at X-Pro UK, the innovative expert witness directory.

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Forensic Expert Witness Association Presents Meritorious Service Award to Nicole Goodwin, Esq.

Tempe, AZ (PRWEB) April 30, 2014

Arizona litigation attorney Nicole Goodwin, Esq. was awarded the President’s National Meritorious Service Award by the Forensic Expert Witness Association (FEWA) on Saturday, April 26, 2014 in Tempe, AZ. FEWA is a national non-profit professional membership organization of experts who provide forensic services in all technical specialties. The award was presented by national FEWA President John Levitske during the association’s Annual Conference. Goodwin was recognized for her on-going efforts in the areas of professional development, ethics, education, and training of forensic consultants in all fields of discipline. In presenting the award, Levitske said, “Ms. Goodwin has shown extraordinary commitment to the advancement of the field, and this is the first President’s National Meritorious Service to FEWA Award which has been presented to an attorney.” Goodwin is an experienced commercial litigation attorney and shareholder with the firm of Greenberg Traurig, and she also teaches at the Arizona State University Sandra Day O’Connor College of Law.







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