Is a report usable as evidence in proceedings?
By R.T. (Tyler) Dijst, blockchain investigator at Paucitas
What makes a report usable as evidence
Four things decide whether a report holds up. The question is stated explicitly, so it is clear what the answer relates to. The provenance of the data is documented, including who supplied what and when. The steps are repeatable, so the other side reaches the same outcome. And the limitations are in there, so nobody reads more into it than it says.
Added to that is the declaration of independence: Paucitas does not work for an exchange, a software supplier or a party involved in the case, and has no interest in the outcome. That co-determines the evidential value.
What you supply
The question in the form your lawyer wants answered, the material on the data list and, if a deadline is running, that deadline. The earlier we join, the better the report fits the proceedings.
What you receive
A report that makes the court weighing possible, with annexes holding the underlying data. On request an oral explanation at the hearing and a response to a report from the other side.
We do not claim a report constitutes evidence. We make sure it meets the requirements that can be placed on it.
How to get started
Have your lawyer get in touch with the question and the deadline. In a first conversation you will hear whether the question can be answered with the available data.
European supervisors publish background on crypto assets and the rules that apply to them: see ESMA and EBA.
Whether a report is accepted as evidence in a specific case is for the court to decide. We supply the substantiation on which that decision can rest.