Background Facts:

• Do Good, Inc. owns and operates a church in West Palm Beach, Florida. The church is called the Do Good Church; and the year is 2022.
• Do Good is in the midst of a multi-year redevelopment project in which it has hired construction contractors to build 3 new state of the art buildings and renovate the organization's existing business office. The Construction Company hired by Do Good is called Delayed Construction. The construction project is managed by Do Good's director of operations, Violet, and her team which includes: an in-house attorney who specializes in contracts, an accountant, named Mary, who manages Do Good's books, and Do Good's head of IT.
• Do Good is governed by a Board of Directors that serves on a volunteer basis and oversees Do Good's business operations and its budget. There are currently 5 people on the Board.
• Do Good has 100 employees and 1,000 regular attendees, with a regular annual budget of $5 million. Do Good has a special budget for the construction project of $12 million per year, with payments of $1 million per month. The construction project is going perfectlythe renovations are lovely and 2 out of 3 of the new buildings are nearly complete, ahead of schedule.

4 Months Ago:

• At 5 a.m. on the 2nd Wednesday of January, 2022, Do Good's accountant, Mary, received an email from Delayed Construction advising Mary that Delayed has moved its accounts to a new bank and that Delayed had updated wire instructions for receipt of its monthly payments from Do Good. Specifically, the email said "We are changing bankx and hav updated our wire inform. The new wire nomber information is beleaux."
• When Mary checked her email that morning at 8 a.m., she noted the changes to the wire number in Do Good's records and continued with her day. On the last Friday of January, Mary sent Delayed's monthly $1 million payment to the new wire account number and promptly received a receipt for the payment. The receipt stated "Payment Receaved." Mary saved the receipt in her records and left for the weekend.
• At the end of February, on or about February 28, the President of Delayed called Violet to check on the status of last month's $1 million payment, as it was very unusual for Do Good to miss a payment, especially given how well the project is going and that Delayed is working ahead of schedule.
• Violet promised to check on it and immediately sent a text message to Mary, who confirmed she sent the wire on the last Friday of the month to Delayed's new wire number. Violet relayed this message to Delayed's President who confirmed that: (1) Delayed has not changed its bank or wire number and (2) that Delayed had not contacted Mary about any changes to its account the prior month.
• Mary and Violet are crushed by this news and quite concerned. They contact Do Good's IT director who advises them that Do Good may have been hacked.
• Throughout the construction project, Do Good consistently posted online pictures of the progress of the renovations and building erection; and received glowing reviews in local media about its annual $12 million construction budget and state-of-the-art plans for its new facilities.
• A criminal organization based in Europe saw the local press stories and had been tracking Do Good and Mary on Facebook for months.

Additional Background for the Final Assignment:

• Do Good's Board of Directors formed a special committee (the "Do Better Committee") to assist the consulting firm initially hired to respond to the January cyber incident. It is now April 2022, and the Do Better Committee wants to get to the bottom of what happened at Do Goodand try to locate the perpetrators responsible for the suspected hack so they can be brought to justice.
• The criminal organization responsible for the incident goes by the name "No Name" and employs hackers and money launderers throughout the world, including in West Palm Beach. One of No Name's employees, John Oh, met Mary at a Do Good church service and the two started casually dating back in 2021. From time to time, Mary left her Do Good laptop in her apartment unattended while John Oh was visiting and he accessed her laptop to learn the details of Do Good's construction plans, banking patterns, and the method by which Do Good paid Delayed Construction for its work.
• Leaving her work laptop unlocked and unattended violated Mary's employment contract with Do Good and her duties as an employee of Do Good.

Final Assignment (100 points total)

You are one of the members of the Do Better Committee and, because of your experiences in this course, your fellow committee members have asked you to help them spot issues and provide written guidance that addresses the following subjects. You are not a forensic expert or an attorney, but the Committee values your input and looks forward to reviewing your reference materials.

This is an open-resource exam and you may rely on course materials, lectures, guest interviews, and assigned readings, so long as you (1) identify and cite to your sources as Works Cited and (2) organize your answers to correspond with the 3 parts below. You may also rely on additional research but additional research is not required. As with the midterm, it is imperative that you provide citations to your references and explain your answers in detail.

Part I - Incident Response & Internal Investigation (50 points)

1. Based on the fact pattern, identify the Internal and External threats faced by Do Good and explain what facts aided you in identifying the threats. (10)
2. The Committee wants to know whether it should hire an attorney to assist with responding to the Internal threat(s) you identified in response to Question 1. Walk the Committee through the considerations for engaging outside counsel and apply them to the fact pattern. (10)
3. Please explain to the Committee how the attorney client and work product privileges would apply to the investigation. Assume that the Florida standards identified in course materials will apply. Also assume that the Committee will be "the Client" for purposes of the investigation. (5)
4. At this point, the Committee has met with a few law firms and wants your input as to how to decide which firm to hire. Only one firm proposed to submit a written work plan for consideration. Explain to the Committee the following:
   1. What is a work plan and why are they important? (5)
   2. What are the components of a work plan? (5)
   3. Which witnesses from Do Good and Delayed do you think should be interviewed? Assume that No Name and John Oh are unwilling to cooperate with the internal investigation. (5)
   4. Which guest speaker from the semester do you believe should be engaged to assist with the internal investigation? Please justify your answer with specific reference to their background and the content of their interview. (10)

Part II - Civil and Criminal Litigation (25 points)

1. The internal investigation reveals Mary's relationship with John Oh, that she left her laptop unattended with him, and that he accessed the laptop to obtain the information used to perpetuate the attack on Do Good.
   1. Based on the course materials, identify one (1) civil cause of action Do Good has against Mary and the elements of the cause of action? (5)
   2. What is the burden of proof for the cause of action? (5)
2. The Do Better Committee presents the findings of its internal investigation to the FBI field office in West Palm Beach and they begin an investigation under the Computer Fraud and Abuse Act. The Committee also contacts IC3, local law enforcement, and Interpol but has not heard back yet.
   1. In the FBI case, based on the U.S. federal computer crime prosecution principles, should the United States charge John Oh criminally? Justify your answer by examining three of the prosecution principles. (10)
   2. What is the government's burden of proof if John Oh is charged criminally? (5)

Part III - Executive and Legislative Considerations (25 points)

1. The Do Better Committee learns from the FBI that John Oh is part of an international criminal enterprise and that he targeted Do Good and Mary. When the press got wind of the incident, politicians throughout the country made attacks on churches front page material. In fact, the issue caught the attention of the Senate Judiciary Committee which has scheduled a public hearing regarding the Do Good attack. The Do Better Committee has tasked you to testify before the Senate Judiciary Committee. In advance, please draft proposed senate testimony that addresses the following in:
   1. The background of the attack (5)
   2. The steps taken before and during the internal investigation (10)
   3. The findings of the internal investigation and next steps in civil and criminal litigation (10). The goal of your testimony is to be brief, but to provide the essential details. Please format your testimony consistent with breach-related congressional testimony provided in course materials.