About McCann Cyber Investigations

McCann’s Leadership

Marc Miller, Principal and General Counsel

Over the past 20 years, Mr. Miller has held several prestigious positions within the public and private sector. Mr. Miller began his legal career as an Assistant District Attorney in Harris County (Houston), Texas where he conducted over sixty trials in county and district court including murder, sexual assault, armed robbery and narcotics. Next, Mr. Miller joined the United States Justice Department where he held a variety of positions over his 10-year tenure with the Justice Department. Mr. Miller served as an Assistant United States Attorney assigned to an Organized Crime Task Force section responsible for prosecution of complex money-laundering, conspiracy, wire-tap and narcotics cases where he managed teams of investigative agents to successful prosecution of multiple organized crime syndicates. Mr. Miller also served as Field Division Counsel on a senior management team with responsibility for administering legal advice to management, investigative agents and staff in 49 county San Francisco Bay Area. Lastly, Mr. Miller served as Assistant Deputy Chief in the U.S. Department of Justice’s Computer Crime and Intellectual Property Section where he managed teams of investigative agents in the prosecution of intellectual property and computer crime offenses including copyright infringement, theft of trade secret, unauthorized computer access and trafficking in counterfeit goods. While with the Justice Department, Mr. Miller held high level security clearances of Top Secret (TS) and Secure Compartmented Information (SCI). Additionally, Mr. Miller led extensive training both domestically and internationally where authored training materials for use by attorneys and investigators. Mr. Miller entered the private sector to work at Nintendo of America where he was charged with protecting a large portfolio of intellectual property, including both online assets and physical products. Mr. Miller was responsible for the Americas and Asia Pacific region and traveled extensively in both regions while developing both business and legal relationships to further company objectives. In his role with Nintendo, Mr. Miller regularly debriefed & trained high level executives on complex technical matters relating to the theft of intellectual property and the company online ecosystem. Mr. Miller then accepted a position as Senior Vice President for the Motion Picture Association of America (MPAA) where he worked exclusively on behalf of the six major Hollywood studios to protect their intellectual property. Mr. Miller was responsible for running global programs with personnel in 37 countries. He developed and implemented key strategies to protect emerging business models and served as the public face on behalf of studios in high-profile settings relating to technology, intellectual property protection and online issues. As part of his role as SVP for Internet Content Mr. Miller met with CEOs and high level government officials to discuss complex technical & legal issues offering strategic input and legal perspective.

Recent Media Interviews:
Marc Miller Interviewed on ABC13 Houston

 

Marc Miller Interview with KGO Talk Radio: San Francisco

 

Marc Miller Interview with WTOP News: Washington, D.C.

 

Career Highlights:
  • In excess of 60 trials conducted in state & county courts.
  • Trial of 3 jury trials in federal district court.
  • Presentation of oral arguments before the U.S. 5th Circuit Court of Appeals.
  • In excess of 100 depositions conducted personally including jury trial of 1 civil wrongful death case.
  • Authored chapter in published U.S. Department of Justice Intellectual Property Crimes manual.
  • Conducted training and outreach on technology and intellectual property rights in Asia (China, Japan & Thailand), South America, Central America and United States. Presentations include: private industry conferences (Gray Market Conference, Internet Piracy Conference), Patent and Trademark Office conferences (Global IP Academy and China Internet IP Enforcement) and law enforcement conferences (IP and Complex Online Crime).
  • Led U.S. Justice Department Online Anti-Piracy Initiative involving software, movies, games and counterfeit goods. Investigations involved extraordinary technological challenges and international components.
  • Led prosecution of illegal wire-tapping cases involving “Loverspy” software in violation of federal wire-tapping statutes.
  • Completed multiple confidential non-compete & trade-secret investigations involving theft of proprietary information involving large corporations
  • Conducted live media interviews relating to high profile legal case on behalf of MPAA.
  • Met with foreign Supreme Court officials regarding intellectual property matters.
  • Personally led successful enforcement of high-profile intellectual property cases resulting in media coverage featured in both print by the Washington Post and online at wired.com.
  • Personally led federal law enforcement activities resulting in violators pleading guilty and recording promotional videos on behalf of Business Software Association (BSA) and Software Information Industry Association (SIIA).
  • Received the Justice Department’s 2008 Award for Protecting the Integrity of the American Marketplace for leading Anti-Piracy efforts.
  • Received 2008 Anti-Piracy Leadership Award for leading Anti-Piracy efforts.
  • Served as management liaison for U.S. Justice Department at meetings with IP “czar” and other senior White House officials relating to IP policy, strategic goals and budgeting.
  • Served as management liaison for U.S. Justice Department to the National Intellectual Property Rights Center, a multi-agency coordination center aimed at IP enforcement and training.

Daniel Weiss, Managing Partner

Mr. Weiss began his career in the security industry while in graduate school at Northeastern University, where he worked at a maximum security prison in Massachusetts, Walpole State Prison. Mr. Weiss left the public sector and entered the private security sector. During the past 15 years, Mr. Weiss has held managerial positions at Wells Fargo and Chubb. Mr. Weiss was also founder and CEO of EPS Security and Infrastruct Security. Mr. Weiss is the founding Texas partner of McCann Investigations, LLC, a Texas Corporation. Mr. Weiss has been interviewed as a subject matter expert on security by ABC, NBC, CBS, Security Director News, SDM, and Security System News. In addition Mr. Weiss has been featured in the Houston Chronicle and Houston Business Journal. Mr. Weiss brings extensive experience as a security professional in the area of private investigation, computer forensics, loss prevention, electronic security system design, and surveillance. As an industry entrepreneur, Mr. Weiss brings his wealth of knowledge in business with extensive experience in due diligence, private equity and venture capital, and financial controls. Mr. Weiss’ background supports the unique balance between business and former law enforcement that is a unique hallmark of McCann Investigations. For over 15 years, Mr. Weiss has held a qualified managers license in State of Texas. Mr. Weiss has been directly responsible for hundreds of security assessments for Fortune 1000 companies and government agencies. In addition, Mr. Weiss has had the pleasure of providing investigative services for scores of middle market commercial, industrial and direct to executives.In addition, Mr. Weiss has been utilized as an expert by law firms involving complex civil and criminal matters.

Investigations:
  • Network Intrusion: Identification and forensic documentation of a network intrusion of a municipal government agency involving credit card and personal information being stolen.
  • Non-Compete Enforcement: Numerous cases of forensic documentation of downloaded customer data, conspiracy with current and former employees, and direct theft of company materials.
  • Intellectual Property Theft: Numerous cases of current and former employees and competitors stealing and damaging company intellectual and physical property.
  • Harassment and Cyber Stalking: Investigation and forensic documentation of inner company email based harassment and attempt to cover up activity.
  • Digital Wiretapping: Numerous investigations of cyber wiretapping of servers, desktops, laptops and mobile devices conducted by unwanted parties.
  • Background Investigations: Provided executive background investigations for management teams for Private Equity and Venture Capital firms.

During his career in the public and private sector Mr. Weiss has been personally instrumental in over 500 site security assessments ranging from:

  • Financial Institutions
  • Jewelry and Precious Metals Vaults and Storage
  • High Profile Residences Including Former Government Officials
  • Petrochemical Facilities
  • Defense Sector Providers
  • Public/Private Critical Infrastructure: Dams, Nuclear Power Plants, and Pipelines

Mr. Weiss also believes in the importance of law enforcement and the private sector working together. Examples of this commitment are found in various committees and associations that he currently serves:

  • Crime Stoppers
  • American Society for Industrial Security
  • Energy Security Council
  • Entrepreneur Organization (EO)

Brett Dearman, Computer Forensics Examiner

Brett Dearman has lead or participated in over 200 internal investigations of varying complexity from 2002 to present in the role of digital forensics examiner. These include alleged corporate espionage, theft of intellectual property, illegal trading practices, possession and distribution of pornography, and Human Resources related issues. Many of the collections were performed after normal working hours or by covert action. Mr. Dearman performed or assisted with numerous e-discovery initiatives including probable cause for reasonable termination. This includes the preliminary examination of personal computers and/or network servers as part of e-discovery. In the course of these investigations, interaction with attorneys, federal agents and law enforcement officers was common. Mr. Dearman created Dynegy’s digital forensics lab in 2002 in response to investigations being conducted by the Department of Justice as well as a number of pending civil suits. With the assistance of former FBI and law enforcement officers, he developed the processes and procedures for digital forensic examination including proper evidence collection, processing and storage, chain of custody documentation, examination and reporting. During this process, he was trained on the forensics examination system EnCase (Guidance Software, Inc.) and ultimately obtained their Encase Certified Examiner certification.

Certifications:
  • CNE – Certified OS/2 Engineer
  • COE – AccessData Certified Examiner – Forensic Toolkit
  • COLE – Certified OS/2 LANServer Engineer
  • MCP – Microsoft Certified Professional
  • MCP+I – Microsoft Certified Professional + Internet
  • MCSE – Microsoft Certified Systems Engineer
  • CMA – Certified Metaframe Administrator
  • ACE – Encase Certified Examiner (Guidance Software, Inc.)
  • EnCE – Certified Information Systems Security Professional
  • CISSP – International Security Certification Consortium
  • CPE – Certified PGP engineer (PGP Encryption)
  • Certified Netware Engineer
  • Certified Ethical Hacker
  • Certified Penetration Tester

Dorothy A. Filippov

Dorothy A. Filippov has an MBA in Decision and Information Science and brings a diversified consulting skill set to each engagement. She has a background in data analytics, systems analysis, and database implementation as part of her past consulting experience as well as experience creating financial models, analyzing historical financial records, and conducting research in litigation and valuation engagements.

Ms. Filippov has over ten years of experience designing and maintaining a variety of proprietary technology applications, including processes to maintain SOX and FCPA compliance, and has particular expertise in data analysis projects through spreadsheets, databases, and various programming tools.  These projects, for clients who vary from oil and gas services to photography firms, require detailed planning, requirements collection and analysis, and extensive data wrangling.

Ms. Filippov provides expert witness testimony and non-testifying consultant opinions in litigation matters and provides investigative services, including conducting fraud examinations, for litigation and non-litigation matters.

Case Highlights

LOST PROFITS AND LOSS IN BUSINESS VALUE

Financial and industry analysis to determine a reasonable royalty for intellectual property in the oil and gas services industry (multiple US fields, onshore).

Modeling future cash flows to calculate damages on the intellectual property theft (new technology)  in the oil and gas services industry (Bakken).

Financial modeling and industry analysis to determine damages arising from the alleged misappropriation of trade secrets in the farm chemicals industry.

Lost earnings model and lost accounts analysis in a FINRA arbitration matter for financial advisor groups with multiple shared accounts under management and differing production over time.

ECONOMIC DAMAGES

Forensic analysis of records and internal communication regarding charges to the joint account between a non-operator and an operator (Eagle Ford).

Calculations for economic damages allegedly arising from a major railway derailment for more than ten different businesses,  each requiring its own financial model and industry analysis.

Calculation of fees and damages arising from allegations of violations of the Antitrust Act and the False Claims Act regarding furniture manufacturers.

Financial analysis involving four dairy farm entities with common ownership and multiple transfers among each entity, one of which had filed for bankruptcy.

ASSET TRACING AND INSOLVENCY

Assets spanning multiple global bank accounts and an analysis of the value of a multi-level marketing business organization.

Assets that included a variety of investment accounts and over a dozen different banking accounts, each with frequent transfers to, from, and back to the community estate.

Asset tracing that included partially vested stock options, performance payments and bonuses to one party, ongoing medical costs, and multiple transfers to each separate property estate.

Financial analysis to determine solvency at particular points in time in a bankruptcy matter involving domestic and international sales.

Certifications
  • Certified Fraud Examiner (CFE), Association of Certified Fraud Examiners
  • Master Analyst in Financial Forensics (MAFF), National Association of Certified Valuators and Analysts
  • Mathematics (8-12), Texas State Board for Educator Certification
  • English Language Arts (8-12), Texas State Board for Educator Certification
  • English as a Second Language (8-12), Texas State Board for Educator Certification
Memberships
  • Member, Association for Corporate Growth Women’s Committee
  • Member, Association for Computing Machinery (ACM)
  • Member, Turnaround Management Association (TMA)
  • ACM – Special Interest Group for Management of Information Systems (SIGMIS)
  • ACM – Special Interest Group for Knowledge Discovery and Data Special Interest (SIGKDD)
  • ACM – Special Interest Group for Logic and Computation (SIGLOG)
  • Practitioner, Association of Certified Fraud Examiners (ACFE)
  • Practitioner, National Association of Certified Valuators and Analysts (NACVA)
Publications
  • Math Models with Applications, a FlexBook Textbook, ck12.org, 2014