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Case Study: Uncovering Fabricated Audio Evidence in a Child Custody Dispute

Paper family of three with legal gavel and Family Law letters

Background

In the midst of a contentious divorce and child custody battle, a mother submitted two digital audio recordings as evidence. These recordings allegedly captured the father making hateful, vile, and deeply inappropriate statements. If deemed authentic, the content of these recordings could have severely damaged the father’s professional reputation, jeopardized his parental rights, and irreparably harmed his relationship with his children.

Challenge

Suspecting foul play, the father’s legal team retained The NGH Group to examine the authenticity of the submitted audio files. The integrity of the recordings was critical to both the custody determination and the father’s defense against the character allegations.

Investigation

NGH conducted a forensic analysis of the audio files and additional evidence provided by counsel for the father, identifying several key red flags:

  • Both audio files were recorded using an Apple iPhone and metadata revealed they had been created ten days after the mother opened a paid subscription to ElevenLabs, a company known for AI-based voice cloning.
  • Credit card statements from joint accounts confirmed recurring charges to ElevenLabs in the mother’s name.
  • Further technical analysis showed the recordings were not captured in real time but were instead recordings of audio being played from a secondary, unknown device—a telltale sign of staged or replayed content.
  • NGH, familiar with ElevenLabs from prior educational demonstrations on fabricated audio using advanced AI software, recognized the high likelihood that the father’s voice had been cloned using the platform.

Outcome

Armed with this forensic evidence, NGH prepared an expert affidavit and assisted in drafting a preservation demand letter to ElevenLabs. A motion to seize and examine the mother’s computing devices was filed with the court. Upon review of NGH’s affidavit, the judge granted the motion. Once served with the court order, the mother confessed to manufacturing both audio recordings using ElevenLabs’ voice-cloning technology.

Impact

NGH’s work was instrumental in exposing a malicious attempt to deceive the court with AI-generated audio. Their forensic analysis not only protected the father’s legal rights and reputation but also highlighted the growing threat of deepfake evidence in family law proceedings. This case emphasizes the critical need for expert digital evidence authentication in the era of generative AI.

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Nicholas Himonidis to Speak at AAML-AFCC Joint Conference

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NGH Group CEO Nicholas G. Himonidis will be a featured speaker at the “2023 Conference on Advanced Issues in Child Custody: Evaluation, Litigation, and Settlement,” held at the Capital Hilton in Washington, D.C., on September 28-30. The event is co-hosted by the American Academy of Matrimonial Lawyers (AAML) and the Association of Family and Conciliation Courts (AFCC).

Mr. Himonidis will lecture on “Authentication of Digital Media in Child Custody Cases: Checking the Evidence” on Thursday, September 28, and again on Saturday, September 30. His presentation will highlight how to determine whether digital evidence is reliable and legitimate, as well as how to review and authenticate data that will be admissible in court.

On Friday, September 29, Mr. Himonidis will join a panel discussion on “Technology and Evidentiary Issues in Child Custody Cases.” This moderated event will address how child custody evaluators, attorneys, judges, and technology experts confront the issue of authenticity and the criteria used.

An attorney himself, Mr. Himonidis has been qualified in court as an expert witness in the field of Computer Forensics and the Authentication of Digital Evidence, and he was recently appointed Co-Chair of the Nassau County Bar Association Cyber Law Committee.

For more information or to register, please visit the conference website.