Episode 35 — Prepare law-enforcement referrals that are complete and actionable
When a security incident crosses the boundary from a policy violation to a criminal act, the organization must decide whether to involve the authorities to seek justice and restitution. We are focusing on how to prepare referrals for law enforcement that are professional, complete, and immediately actionable for investigators. Typically, a poorly prepared report results in a case being deprioritized or declined due to a lack of clarity or sufficient evidence. In practice, the quality of your initial package determines whether a detective or a federal agent can quickly understand the scope of the crime and justify the expenditure of public resources. What this means is that we are learning to act as a specialized bridge between the private corporate environment and the public criminal justice system.
Before we continue, a quick note: this audio course is a companion to our course companion books. The first book is about the exam and provides detailed information on how to pass it best. The second book is a Kindle-only eBook that contains 1,000 flashcards that can be used on your mobile device or Kindle. Check them both out at Cyber Author dot me, in the Bare Metal Study Guides Series.
A referral is formally defined as a structured and formal request for the police, federal agents, or other government bodies to investigate a specific crime committed against your organization. This process moves the incident out of the purely internal realm of human resources and into the external realm of criminal prosecution. In practice, the referral serves as the foundational document that law enforcement uses to open a case file and begin their own independent verification of the facts. Typically, a successful referral clearly identifies the victim, the suspected perpetrator if known, and the specific laws that are believed to have been violated. Understanding the gravity of this step ensures that the organization only involves the authorities when there is a legitimate need for criminal intervention.
A fundamental requirement for a successful outcome is to practice by gathering all the relevant digital evidence and a clear, chronological timeline of events before you ever make the first phone call. Law enforcement officers are often managed by strict metrics and heavy caseloads, so they are much more likely to accept a case that is presented as a "ready to go" package. In practice, this means having your forensic images, audit logs, and internal witness statements organized and ready for a formal hand-off. Typically, a detailed timeline helps the investigator quickly grasp how the crime was executed and the duration of the unauthorized activity. What this means is that your internal technical work is the essential fuel that allows the engine of the criminal justice system to start running.
A major and frequently occurring pitfall in corporate security is the tendency to call the police for minor internal policy violations that do not meet the legal threshold for an actual crime. If an employee is simply surfing the web on company time or using a corporate printer for personal use, these are administrative matters that should be handled by human resources rather than law enforcement. In practice, flooding the authorities with "nuisance" reports can damage your organization’s reputation and make them less responsive when a truly serious crime occurs. Typically, a professional practitioner consults with legal counsel to verify that a specific statute, such as the Computer Fraud and Abuse Act (C F A A), has likely been violated. This realization highlights why the ability to distinguish between a "bad employee" and a "criminal actor" is a critical professional skill.
You can achieve a significant and immediate quick win for your investigative readiness by identifying the specific cybercrime unit in your local or federal law enforcement agency today. Whether it is a state police high-tech crimes unit or a specific regional office of the Federal Bureau of Investigation (F B I), knowing exactly who handles digital crimes in your area saves vital time during a crisis. In practice, you should strive to build a professional relationship with these units before you actually need them, perhaps by attending industry briefings or local security meetups. Typically, having a specific name and contact number for a digital forensic investigator or a special agent ensures that your referral lands on the right desk immediately. What this means is that you are building the professional network necessary to bridge the gap between your server room and the courthouse.
Visualize a professional scenario where the police or federal agents arrive at your facility and receive a well-organized, labeled, and indexed folder that makes their job much easier and significantly faster. In this folder, you have provided a summary of the incident, the technical evidence on encrypted drives, and the contact information for the technical leads who can answer their questions. Typically, this level of organization signals to the investigators that your company is a sophisticated and reliable victim that will cooperate fully throughout the life of the case. In practice, the easier you make it for the officer to write their initial report, the faster they can secure the necessary search warrants or subpoenas. This visualization serves as a powerful reminder that your administrative and organizational skills are just as vital as your technical forensic abilities.
In the field of law and corporate security, we use the specific term criminal referral to describe the comprehensive package of information and evidence you provide to the authorities to seek a formal prosecution. This package is much more than just a simple complaint; it is a professional dossier that outlines the facts, the evidence, and the legal justification for the state to take action. In practice, the referral should be structured as a narrative that tells the story of the crime from the first suspicious log entry to the final discovery of the loss. Typically, a well-drafted criminal referral includes a list of all potential witnesses and a detailed inventory of the evidence that has been preserved by the organization. What this means is that you are acting as the primary author of the "road map" that the prosecution will follow.
Reviewing the specific requirements and thresholds for a referral within your jurisdiction ensures that you are not wasting the precious time and limited resources of the investigators. Every agency has its own "intake" criteria, such as a minimum financial loss amount or a specific type of victim, before they will officially open a criminal file. In practice, understanding these thresholds allows the organization to manage its own expectations and to tailor its investigative reports to meet the needs of the agency. Typically, if a case does not meet the federal threshold for the F B I, it may still be a high priority for a local district attorney or a state attorney general. This commitment to understanding the "legal market" for your case ensures that you are sending your reports to the agency most likely to take action.
Imagine the professional frustration and the loss of momentum for a case if your referral is rejected by the authorities because you failed to provide enough objective evidence for a judge to sign a search warrant. Law enforcement cannot simply take your word that a crime occurred; they must be able to present "probable cause" to a court to gain the authority to search a suspect's home or seize their personal devices. Typically, if your internal investigation was disorganized or if you failed to maintain a proper chain of custody, the authorities may be legally unable to use your findings. In practice, this means that every step of your internal response must be performed with the expectation that it will be scrutinized by a defense attorney in a criminal trial. This realization highlights why the technical rigor of your lab work is a direct requirement for the success of the criminal referral.
Every professional should anchor their referral strategy in the singular goal of presenting a clear, undeniable, and well-documented case of criminal activity and quantifiable harm to the organization. Whether the harm is a direct financial theft, a loss of proprietary trade secrets, or a significant disruption of service, the referral must clearly articulate the "victim impact" of the act. In practice, this means including details such as the hours of labor spent on remediation, the value of the stolen data, and any secondary impacts on customers or employees. Typically, a case with a high and clearly defined "loss value" is much more likely to be prosecuted than one where the damage is vague or unquantified. What this means is that you are using business logic to support the legal and technical arguments for a criminal investigation.
We have now discussed exactly what to include in a professional referral and explored how to build a productive, long-term relationship with various law enforcement agencies. By understanding the needs of the investigators and providing them with high-quality, actionable information, you are significantly increasing the likelihood of a successful outcome for your organization. Typically, the most effective practitioners are those who can communicate the technical details of a cybercrime in a way that is accessible to a general-duty detective or a prosecutor. In practice, this collaboration ensures that the organization remains a respected participant in the justice system and that its digital assets are protected by the full weight of the law. This integrated approach to referrals is what ensures that your investigative work has a real-world impact on the safety of the digital economy.
A highly effective technique for professional referrals is to use a formal cover letter that clearly summarizes the impact of the crime on your business, its employees, and its customers. This letter should be addressed to the head of the agency or the specific unit commander and should provide a high-level overview of the "who, what, and how much" of the incident. In practice, the cover letter acts as an "executive summary" for the investigator, allowing them to quickly assess the priority of the case before they dive into the technical evidence. Typically, this document should be signed by a high-ranking officer of the company, such as the Chief Security Officer or the General Counsel, to show the organization’s commitment to the case. What this means is that you are using a formal administrative tool to signal the importance of the referral to the authorities.
Preparing a strong and professional referral significantly increases the chances that the perpetrators will be held accountable in a court of law and that your organization will receive the justice it deserves. When the evidence is solid and the presentation is clear, the path to an arrest and a conviction becomes much smoother for everyone involved in the process. Typically, a successful prosecution also serves as a powerful deterrent to other potential actors, sending a message that your organization will not tolerate criminal activity against its systems. In practice, the energy you spend on perfecting your referral protocols today is a direct investment in the long-term security and the legal defensibility of the entire enterprise. This focus on accountability is what transforms a technical responder into a high-performing guardian of the organization’s interests.
This session on how to prepare law-enforcement referrals that are complete and actionable is now complete, and you have gained a solid understanding of how to seek justice for your organization. We have discussed the definition of a criminal referral, the importance of a clear timeline, the role of jurisdictional thresholds, and the value of a professional and well-organized evidence package. A warm and very practical next step for your own professional growth is to take a moment today and find the official phone number for the local Federal Bureau of Investigation (F B I) field office in your area. As you do so, consider whether you know the names of the specialized agents who handle cybercrime in your region and whether you could reach them quickly in a crisis. Moving forward with this proactive and collaborative mindset will help you ensure that your organization is always ready to work with the authorities to protect its digital truth.
