A Full Service Law Firm

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VMM FAMILY INSTITUTE WEEKLY INSIGHTS: BEWARE OF SPYWARE

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.

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