What the attorney was not aware of, however, was that illegal spyware had been installed on his cell phone. The bad guy listened to the entire conversation between the investigator and the attorney including the steps of the investigation and the objectives. Because he had that information, he was able to cause pertinent information and evidence to disappear. That effectively thwarted the steps in the investigation and rendered the objectives impossible.
It was not until other circumstances arose that it was discovered that the attorney had been the subject of cell phone spying by the bad guy.
This may sound like a James Bond movie, but the reality is that the bad guy merely searched on the Internet for cell phone tapping, bugging, spyware, etc. For less than $100 he purchased illegal (cell phone spyware is illegal in the United States) spyware and installed it on the attorney's phone - without the attorney even realizing it!
Most spyware can not only monitor ongoing cell phone conversations, but when the cell phone is not being used and is lying on the desk or in a purse or pocket, the bad guy can remotely turn it on and hear the surrounding conversations.
The client the attorney was representing was disappointed because neither the attorney nor the investigator was effective because of the illegal act perpetrated by the bad guy who had harmed the attorney's client.
Be aware that the bad guy, if identified, could be federally prosecuted and receive up to five years in federal prison if convicted. Plus, be subject to extreme civil lawsuit remedies. The key there is identification of the bad guy.
That's were cellular forensics comes into play. is one of only a few security labs that can actually dig deep enough into the code of a cell phone with illegal spyware to identify the bad guy. We use specialized cell phone forensics tools and techniques, to ferret out the source.
When you get the feeling that people are privy to things about you and your business no one should know, you might not be paranoid - you might have spyware on your phone!
-Brenda McGinley, CEO, All in Investigations, All in Investigations