Legal Question in Criminal Law in Wisconsin

cYBeR fRauD!?!

I am a sole-proprietor of my own graphics company, for 13 years. I have a loving - soon to be - ex-wife that installed malicious spyware (from Awareness Technologies) on my work computer. My work computer has several client confidential files on it. She installed this software without my consent or knowledge, and denied ever doing it. I have contacted the software company, and they have CONFIRMED my suspicion. She has also violated the ''User Agreement'' for the software's use.

They told me this was an act of ''Cyber Fraud'' and I could charge her if I wished. (I have all the paperwork, and proof saved) They have stated in an eMail to me, ''We will cooperate fully with any law enforcement agencies should they become involved in this matter.''

The questions are: What are the probable consequences for her actions, and how much trouble could she be in if I decide to prosecute?

How much would this typically cost me to do?

Any additional information is appreciated. I reside in southern Waukesha County.

THANK YOU SO MUCH for your time and reply!!! :)


Asked on 3/12/08, 6:38 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Cyber Spying by Spouse

I am unable to advise you without actually representing you. However, as a general matter, authorities are often loath to become involved in property disputes between spouses, based upon the philosophy that divorce courts are designed to handle that. There is some merit to this approach, since true "innocence" on the part of the "victim" spouse is often rare--there is generally more than enough misconduct to go around. However, in a situation where third parties are aggrieved (such as your clients who may have had their information stolen), this approach may differ, particularly if client information could have been illegally resold by the thief or otherwise misused. I have no idea how receptive Waukesha County authorities would be to prosecuting such a case--the decision is likely to depend upon how preoccupied they are with cases involving potential violence or injury since those understandably take precedence over property crimes or privacy violations. There are numerous federal and state statutes which make this sort of spying illegal.

Read more
Answered on 3/17/08, 9:15 am


Related Questions & Answers

More Criminal Law questions and answers in Wisconsin