Subject: "Preservation of Evidence Letter" when computers are seized by tax employees

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"Preservation of Evidence Letter"

When tax agency employees seize your electronic evidence, first, be sure you send a "Preservation of Evidence Letter." The tax employees will be hard pressed to argue innocence when confronted with spoliation of evidence charges when they have received a "Preservation of Evidence Letter."

Be as specific as possible in the letter and not overly broad, so fair notice is given of the kind of evidence to be preserved. When you know or suspect where the information is located (on a particular computer, a specific media or in a particular file location), say so. The more specifics you can provide, the less excuse there is for having evidence vanish or be tampered with.

Normally, you will be demanding them to preserve: 1) e-mail (electronic versions), along with header information, archives and any
logs of e-mail system usage; 2) data files created with word processing, spreadsheet, presentation or other software; 3) databases and all log files that might be required; 4) network logs and audit trails; and 5) electronic calendars, task lists, telephone logs and
contact managers.

In your letter, make sure to note these things might exist in active data storage, including servers, workstations and laptops, and in
offline storage including backups, archives, floppy disks, ZIP disks, tapes, CD-ROM, DVD's, memory sticks and any other form of media. Caution that potentially discoverable data should not be deleted, moved or modified.

With respect to users who might have discoverable information on their computers, new files should not be saved to existing drives or media; no new software should be loaded, and no data compression, encryption, defragging or disk optimization procedures should be run until an image of the hard drive is acquired.

Ask that the normal rotation and overwrite of backup media cease until copies are made. Also mention that no media storage devices containing potentially discoverable information should be disposed of due to upgrades, failure, donation or for any other reason.

When the case seems to require it, obtain a protective order. Mention specifics in the order as well, so there can be no misunderstandings. When do you need a protective order? The Enron/Arthur Andersen debacle is a good example. It became known that shredding papers and wholesale electronic deletions were taking place. When you can present a judge with any sort of credible scenario suggesting spoliation might occur, you are very likely to be granted a protective order.

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No law compels a work eligible man or woman to submit a form W-4 or W-9(or their equivalent) nor disclose an SSN as a condition of being hired or keeping one's job. With the exception of an order from a court of competent jurisdiction issued by a duly qualified judge, no amounts can be lawfully taken from one's pay (for taxes, fees or other charges) without the worker's explicit, knowing, voluntary, written consent. http://www.preferredservices.org/NonconsentualTaking.html 
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