Some of our clients, families and friends feel as if they are being watched,
followed or listened to. In a very interesting case recently determined
and decided in Brooklyn, New York, the role of the court to protect the
integrity of the parties and the law was recently examined.
In that case, a husband asserted his Fifth Amendment right against self-incrimination
when questioned as to whether he installed and used sophisticated spy
ware on his wife’s phone to monitor all of her communications -
including incredibly - access to her attorney-client privilege communications.
In addition, he used the spyware to activate a microphone to actually "listen
in" on her conversations, attorney-client meetings, sessions with
her psychiatrist and conversations between her family and friends. He
also then asserted his Fifth Amendment right against self-incrimination
related to questions about his attempt to destroy the evidence from his
actions from his computer devices.
THE OUTCOME: The court acted swiftly and dramatically by effectively eliminating
his right to obtain spousal support, equitable distribution or counsel fees.