Nardello & Co. was retained by a law firm representing a defendant who was accused of defrauding a financial institution. A critical issue at trial was missing evidence, which the government believed that the defendant had destroyed. The government wanted to present its “facts” about the missing evidence and argue to the jury that the defendant was responsible.

Nardello & Co.’s team tracked down former employees of the firm, including a former security officer, all of whom stated that numerous items had been reported missing from the firm’s offices during the relevant time period, and it was believed that the missing items had been stolen. Our interviewees also identified internal company records that documented the incidents.

Armed with this information, defense counsel was able to successfully convince the court to preclude the government from making mention of the missing evidence. The defendant was acquitted.