Criminal Case Examples

Computer forensics testimony is essential in defending criminal accusations involving computer or digital evidence.  With our qualifications as a Virginia computer forensics examiner, we can assist individuals accused of computer crimes.  We also consult with and assist defense attorneys in defending clients against computer crime criminal accusations, including computer fraud, hacking, use of computer device to facilitate offenses involving minors (Internet solicitation of minor cases, frequently involving undercover police officers utilizing Yahoo chat), possession of child pornography, criminal copyright infringement, credit card fraud, access device fraud, and others.

The following cases represent some of the situations where an AVM Technology Virginia computer forensics expert may be able to assist.  Whether the computer forensics examination is necessary for criminal defense or civil matters and whether the analysis involves computers of forensic examination of a mobile device, we provide expert computer forensics services in Virginia.  We frequently appear as computer forensics experts assisting attorneys representing individuals accused of computer crimes.  These cases provide a sample of criminal cases where computer forensics expert testimony was utilized in court:

  • U.S. ex rel. DRC, Inc. v. Custer Battles, LLC Example of a case where computer forensics played a part during a criminal case in Virginia: computer forensics expert Virginia criminal case. United States District Court, E.D. Virginia, Alexandria Division. UNITED STATES of America ex rel. DRC, Inc., et al., Plaintiffs, v. CUSTER BATTLES, LLC, et al., Defendants. No. 1:04CV199. Aug. 16, 2006. Eastern District of Virginia Computer Forensics Related Case MEMORANDUM OPINION ELLIS, District Judge. In ...
  • U.S. v. Ward United States District Court, W.D. Virginia, Harrisonburg Division. UNITED STATES of America, v. Andrew Morgan WARD, Defendant. No. 5:06CR00019. Oct. 24, 2006. REPORT AND RECOMMENDATION WAUGH CRIGLER, Magistrate Judge. *1 In accordance with the provisions of Title 28 U.S.C. s 636(b)(3) and upon the defendant’s consent, this case was referred to the undersigned to conduct a plea hearing. DEFENDANT’S RESPONSES TO RULE 11 INQUIRY The Grand ...
  • U.S. v. Knellinger United States District Court, E.D. Virginia, Richmond Division. UNITED STATES of America v. David Leroy KNELLINGER. Criminal No. 3:06cr126. Jan. 25, 2007. MEMORANDUM OPINION PAYNE, District Judge. This matter is before the Court on the Supplemental Brief in Support of Motion to Dismiss (Docket No. 46) filed by the defendant, David Leroy Knellinger, in which Knellinger asserts that 18 U.S.C. s 3509(m) is both invalid ...
  • U.S. v. McVey United States District Court, E.D. Virginia, Newport News Division. UNITED STATES of America, v. Clint Manuel McVEY, Defendant. Criminal No. 4:06cr97. Feb. 27, 2007. OPINION REBECCA BEACH SMITH, District Judge. On October 24, 2006, Defendant Clint Manuel McVey pled guilty to receipt of child pornography, in violation of 18 U.S.C. s 2252A(a)(2). The court sentenced Defendant on February 7, 2007. At the sentencing hearing, the ...
  • U.S. v. Brown United States District Court, W.D. Virginia, Roanoke Division. UNITED STATES of America v. Aaron Campbell BROWN. Criminal No. 7:06cr00044. April 26, 2007. MEMORANDUM OPINION AND ORDER SAMUEL G. WILSON, United States District Judge. *1 This is a criminal prosecution against defendant, Aaron Campbell Brown, who allegedly owned and operated a website hosting and payment processing company that facilitated child pornography trafficking. The indictment charges ...
  • U.S. v. Henry United States District Court, W.D. Virginia, Roanoke Division. UNITED STATES of America et al., Plaintiffs, v. John Crockett HENRY et al., Defendants. Civil Action No. 7:08mc003. June 30, 2008. MEMORANDUM OPINION MICHAEL F. URBANSKI, United States Magistrate Judge. *1 This matter stems from intervening plaintiffs’ motion, filed on June 10, 2008, for sanctions and petition for issuance of a rule to show cause why ...
  • Gibson v. U.S. United States District Court, E.D. Virginia, Alexandria Division. Colleen GIBSON, Petitioner, v. UNITED STATES of America, Respondent. Criminal No. 1:07CR395. Civil Action No. 1:08cv639. July 24, 2008. MEMORANDUM OPINION CLAUDE M. HILTON, District Judge. On September 24, 2007, a Criminal Complaint charged the petitioner with Aggravated Identity Theft under 18 U.S.C. 1028(A). The petitioner entered into a plea agreement with the government, under which she ...
  • U.S. v. Doyle United States District Court, W.D. Virginia, Big Stone Gap Division. UNITED STATES of America v. Robert Franklin DOYLE, Jr., Defendant. No. 2:07CR00004. June 2, 2009. OPINION AND ORDER JAMES P. JONES, Chief Judge. In this criminal case, the defendant, convicted by a jury of possessing child pornography, has filed post-trial motions seeking acquittal and a new trial. For the reasons that follow, I will deny ...
  • U.S. v. Russo United States District Court, E.D. Virginia, Richmond Division. UNITED STATES of America v. Matthew James RUSSO. Criminal No. 3:09cr191. Nov. 16, 2009. MEMORANDUM OPINION ROBERT E. PAYNE, Senior District Judge. *1 This matter is before the Court on the Defendant Matthew James Russo’s Motion for Judgment of Acquittal, or, in the Alternative, Motion for New Trial (Docket No. 22). For the reasons set forth ...
  • U.S. v. Ellyson United States Court of Appeals, Fourth Circuit. UNITED STATES of America, Plaintiff-Appellee, v. Ronald David ELLYSON, Defendant-Appellant. No. 00-4600. Argued: Oct. 30, 2002. Decided: March 17, 2003. Defendant was convicted by jury in the United States District Court for the Eastern District of North Carolina, James C. Fox, Senior Judge, of possessing child pornography. Defendant appealed. The Court of Appeals, Traxler, Circuit Judge, ...
  • U.S. v. Buckner United States Court of Appeals, Fourth Circuit. UNITED STATES of America, Plaintiff-Appellee, v. Frank Gary BUCKNER, Defendant-Appellant. No. 06-4399. Argued Nov. 29, 2006. Decided Jan. 11, 2007. Background: Defendant charged with wire and mail fraud moved to suppress evidence from the search of a computer’s hard drive seized during a search of his residence. The United States District Court for the Western District ...
  • U.S. v. Kaye United States Court of Appeals, Fourth Circuit. UNITED STATES of America, Plaintiff-Appellee, v. David A. KAYE, Defendant-Appellant. No. 06-5277. Submitted: May 30, 2007. Decided: July 6, 2007. Background: Defendant was convicted following a bench trial in the United States District Court for the Eastern District of Virginia, James C. Cacheris, Senior District Judge, 451 F.Supp.2d 775, of coercion and enticement of a minor, ...
  • U.S. v. Colonna United States Court of Appeals, Fourth Circuit. UNITED STATES of America, Plaintiff-Appellee, v. Willoughby Warren COLONNA, IV, a/k/a maryanna, Defendant-Appellant. No. 06-5237. Argued: Sept. 28, 2007. Decided: Dec. 20, 2007. Background: Defendant was convicted for transporting child pornography, advertising exchange of child pornography, and possession of material containing child pornography by the United States District Court for the Eastern District of Virginia, at ...
  • U.S. v. Gavegnano United States Court of Appeals, Fourth Circuit. UNITED STATES of America, Plaintiff-Appellee, v. Derek F. GAVEGNANO, Defendant-Appellant. No. 07-4579. Submitted: Oct. 28, 2008. Decided: Jan. 16, 2009. Background: Defendant was convicted in the United States District Court for the Western District of Virginia, Norman K. Moon, J., of receipt of child pornography, possession of child pornography, and importation or transportation of obscene matters, ...
  • U.S. v. Layton United States Court of Appeals, Fourth Circuit. UNITED STATES of America, Plaintiff-Appellee, v. Terry LAYTON, Defendant-Appellant. No. 07-4763. Argued: Dec. 5, 2008. Decided: April 27, 2009. Background: Defendant was convicted in the United States District Court for the Middle District of North Carolina, William L. Osteen, Senior District Judge, of possession of child pornography, and was sentenced to 97 months in prison. Holdings: The ...
  • U.S. v. Wadford United States Court of Appeals, Fourth Circuit. UNITED STATES of America, Plaintiff-Appellee, v. Kelly Edward WADFORD, Jr., Defendant-Appellant. No. 08-4423. Argued: March 26, 2009. Decided: June 10, 2009. Background: In prosecution for a number of federal offenses, defendant pleaded guilty to two firearms counts, and a jury in the United States District Court for the District of South Carolina, Patrick Michael Duffy, J., ...
  • U.S. v. Gatherum United States Court of Appeals, Fourth Circuit. UNITED STATES of America, Plaintiff-Appellee, v. Dean R. GATHERUM, Defendant-Appellant. No. 08-4683. Argued: March 27, 2009. Decided: July 7, 2009. Background: Defendant pleaded guilty, in the United States District Court for the Southern District of West Virginia, Thomas E. Johnston, J., to possession of child pornography. He appealed. Holdings: The Court of Appeals, Traxler, Circuit Judge, held ...
  • U.S. v. Cameron United States Court of Appeals, Fourth Circuit. UNITED STATES of America, Plaintiff-Appellee, v. Kenny CAMERON, Defendant-Appellant. No. 08-4277. Argued: May 15, 2009. Decided: July 21, 2009. Background: Defendant was convicted in the United States District Court for the Southern District of West Virginia, Joseph R. Goodwin, Chief District Judge, of uttering counterfeited obligations of the United States and falsely making and counterfeiting obligations ...
  • U.S. v. Richardson United States Court of Appeals, Fourth Circuit. UNITED STATES of America, Plaintiff-Appellee, v. Thomas McCoy RICHARDSON, Jr., Defendant-Appellant. AOL LLC, Amicus Supporting Appellee. No. 09-4072. Argued March 24, 2010. Decided June 11, 2010. Background: Following denial of defendant’s motion to suppress and grant of internet service provider’s motion to quash his subpoena duces tecum, 2008 WL 818863, he was convicted, upon a conditional guilty ...
  • Ishtiwi v. Virginia UNPUBLISHED OPINION. Court of Appeals of Virginia. Moneer R. ISHTIWI, s/k/a Mooner R. Ishtiwi v. COMMONWEALTH of Virginia. Record No. 0734-04-4. Jan. 11, 2005. MEMORANDUM OPINION HUMPHREYS, Judge. *1 Appellant Moneer Ishtiwi appeals his conviction, following a jury trial, for obstruction of justice, in violation of Code s 18.2-460(C). Ishtiwi contends that the trial court erred in denying his motion to strike, arguing that ...
  • Simone v. Virginia UNPUBLISHED OPINION. Court of Appeals of Virginia, Chesapeake. James Osias SIMONE, Jr. v. COMMONWEALTH of Virginia. Record No. 0551-04-1. March 15, 2005. MEMORANDUM OPINION FRANK, Judge. *1 James Osias Simone, Jr., appellant, was convicted, in a bench trial, of four counts of possession of child pornography in violation of Code s 18.2-374.1:1. On appeal, he contends the trial court erred in 1) finding that appellant ...
  • Kromer v. Virginia Court of Appeals of Virginia. Ray KROMER v. COMMONWEALTH of Virginia. Record No. 1900-04-2. June 14, 2005. Ray Kromer, appellant, was convicted, in a bench trial, of fifteen counts of misdemeanor possession of child pornography in violation of Code s 18.2-374.1:1. FN1 On appeal, he contends the evidence was insufficient to sustain his convictions. We hold the evidence was sufficient and ...
  • Virginia v. Gardner Circuit Court of Virginia, Norfolk County. COMMONWEALTH of Virginia v. Michael E. GARDNER. Nos. CR06-2213, CR06-3539. Feb. 13, 2007. EVERETT A. MARTIN, JR., Judge. *1 Dear Ms. Page and Mr. Inge: Motion to Dismiss I have reviewed the Motion to Dismiss the pending charges of possession of child pornography, Code of Virginia s 18.2-374.1:1. I deny the motion. At the time the police arrested the ...
  • MIDKIFF v. Virginia Supreme Court of Virginia. David MIDKIFF, s/k/a David Willis Midkiff v. COMMONWEALTH of Virginia. Record No. 091793. June 10, 2010. OPINION BY Senior Justice ELIZABETH B. LACY. In this appeal we consider whether a trial court properly admitted into evidence digital  video recordings and still images of child pornography reproduced from electronic files on digital video discs (DVDs) copied from hard drives ...
  • Chapman v. Virginia Court of Appeals of Virginia, Alexandria. Paul Gregory CHAPMAN v. COMMONWEALTH of Virginia. Record No. 1210-09-4. Aug. 17, 2010 BEALES, Judge. *728 A jury convicted Paul Gregory Chapman (appellant) of one count of possession of child pornography, in violation of Code s 18.2-374.1:1(A), and nine counts of possession of child pornography, second or subsequent offense, in violation of Code s 18.2-374.1:1(B). On appeal, ...

Expert computer forensics services throughout Virginia, including: Henrico County VA, Richmond City, Chesterfield County VA, Hanover County VA, Petersburg County VA, Fairfax County, Prince William County, Hopewell, Petersburg, Dinwiddie, Quantico, Virginia Beach VA, Norfolk, Chesapeake, Fredericksburg, Stafford, Spotsylvania VA, Hampton Roads, Newport News, Hampton, Williamsburg, Amelia, Powhatan, Goochland, Louisa, Manassas VA, Woodbridge, Charles City, James City, Gloucester, Tidewater, Portsmouth, Shenandoah, Prince George, Sussex, New Kent, West End of Richmond, Glen Allen, Federal Court for the Eastern District of Virginia (Richmond, Alexandria, Norfolk, and Newport News Divisions).
D.J.Rivera