FORENSIC EXAMINER MARK ALCOCK’S CONTRACTS: Alcock Contract ASD-PCS-MA-001-2013 Forensic Dated: February 25, 2013, Alcock Contract ASD-PCS-MA-Sec-MA-002-2013 Information Technology Services Dated: May 5, 2013 & Alcock Contract ASD-PCS-MA-Examiner-003-2013 Examiner to coordination of investigations related to IT Dated: June 19, 2013 - Total of amount over paid $254,296.29 of Total of Invoices to all contracts $382,796.29

ABSTRACT:  “IN RESPONSE to citizen concerns about excess spending, favoritism in the awarding of contracts and mistreatment of employees, the city council decided in closed session Thursday to launch an independent investigation into the allegations.” “Among the shocking revelations that led to this week’s decision was the news that computer consultant Mark Alcock was paid nearly $255,000 more than the council authorized for his investigation of IT manager Steve McInchak and the overall state of the city’s computer system,” according to reporting in The Carmel Pine Cone. In that context, Alcock Contract ASD-PCS-MA-001-2013 Forensic Dated: February 25, 2013, Alcock Contract ASD-PCS-MA-Sec-MA-002-2013 Information Technology Services Dated: May 5, 2013 and Alcock Contract ASD-PCS-MA-Examiner-003-2013 Examiner to coordination of investigations related to IT Dated: June 19, 2013 documents are embedded. Moreover, according to the news article entitled Expert to get $103K for McInchak, audit of city computers By MARY SCHLEY, The Carmel Pine Cone, September 13, 2013, City Administrator Jason Stilwell’s account that the Alcock Contract dated February 2013 was for “risk assessment” contradicted the Search Warrant, filed June 13, 2013, and the actual contract, namely Alcock Contract ASD-PCS-MA-001-2013 Forensic Dated: February 25, 2013. As follows: “But Stilwell said this week that contract (Dated February 25, 2013) was for Alcock’s “risk assessment” of the city’s system, not for his investigation into McInchak’s alleged wrongdoing. For that forensic work, Stilwell said, a second $25,000 contract was drawn.”

“We originally brought Alcock on to survey our system, and we needed someone expert on technology to be able to do a risk assessment of our computer system and the network and applications, hardware, software and user support,” he said. “That was originally why he came in.”
“According to Stilwell, a second contract was drafted later, after Alcock uncovered McInchak’s alleged nefarious computer activity. “We also needed his forensic services to support the investigation,” he said. “So we hired him to do that, too,” because the district attorney’s office did not have anyone available to do the work.”

Significantly, according to the City’s Summary of Mark Alcock’s Contracts, September 17, 2014, Alcock Contract ASD-PCS-MA-001-2013 Forensic Dated: February 25, 2013, is “Over contract amount $7,244,” Alcock Contract ASD-PCS-MA-Sec-MA-002-2013 Information Technology Services Dated: May 5, 2013 is “Over contract amount $147,174.29” and Alcock Contract ASD-PCS-MA-Examiner-003-2013 Examiner to coordination of investigations related to IT Dated: June 19, 2013 is “Over Contract amount $99,878.00”for a Total of amount over paid of $254,296.29 of $382,796.29 Total of Invoices to all contracts.

REFERENCE:
Expert to get $103K for McInchak, audit of city computers
By MARY SCHLEY, The Carmel Pine Cone, September 13, 2013

Alcock Request 1 of 3 Summary

Alcock Contract ASD-PCS-MA-001-2013 Forensic Dated: February 25, 2013

Alcock request 2 of 3.pdf

Alcock Contract ASD-PCS-MA-Sec-MA-002-2013 Information Technology Services Dated: May 5, 2013

Alcock request 3 of 3.pdf

Alcock Contract ASD-PCS-MA-Examiner-003-2013 Examiner to coordination of investigations related to IT Dated: June 19, 2013

Information Systems/Network Manager McInchak Investigation: Mark Alcock, Forensic Examiner, & California Public Records Act

ABSTRACT:  According to reporting in The Carmel Pine Cone, “MORE THAN a month after Carmel police spent three hours searching city IT manager Steve McInchak’s Carmel Valley home — seizing computers, an iPhone and thumb drives — the city has not asked the Monterey County District Attorney’s Office to prosecute him” and “Monterey County Chief Assistant District Attorney Terry Spitz said he hasn’t been asked to file charges against McInchak.” And City Administrator Jason Stilwell signed a $25,000 contract with Mark Alcock on February 25, 2013, and Alcock began investigating McInchak “under the ruse that he was conducting an audit of the City’s computer system and servers,” according to the search warrant. Alcock is being paid $200.00 per hour, plus expenses; Alcock’s April 2013 invoice totaled $10,958, and his May invoice totaled $10,316 for a total compensation of $21,274, according to reporting in The Carmel Pine Cone. Information about Mark Alcock, Forensic Examiner, including BACKGROUND information, BIOGRAPHY and Specialization and Expertise is presented. Although the City provided The Carmel Pine Cone with a copy of Alcock’s contract and two invoices, dated April 22 and May 22, 2013, “almost all of the meaningful portions” were “deleted,” according to The Carmel Pine Cone. Moreover, a member of the public’s Public Records Act request for checks, invoices and contract has yet to be fulfilled. Ergo, the California Public Records Act (Government Code Section 6250-6270) document is embedded.

RELATED NEWS ARTICLE:

Still no charges against McInchak

By MARY SCHLEY, The Carmel Pine Cone
Published: July 12, 2013

MARK ALCOCK, FORENSIC EXAMINER

BACKGROUND

2. I am a certified Forensic Examiner and Information Security Specialist for M2000/IS. M2000/IS is an information security consulting company and member of a Computer Incident Response and Investigation Team ("CIRI Team").

3. I am a co-author ofthe book "Overly on Electronic Evidence in California," 2005, 2006, 2007 and 2008 editions. I am presently appointed as a Forensic Examiner for the Superior Court of California for the Counties of Orange.

4. I have performed hundreds ofcomputer/electronic-based forensic examinations, provided litigation support, expert reports and declarations and have served as an expert witness. I am a member of the FBI Infragard where I give lectures at the FBI crime summits on cyber threats and incidence response and give support to the FBI cyber squad. Concurrently, I spent 23 years in law enforcement; at present I am a retired Sergeant from the Long Beach Police Department where I provided services for information technology and cyber incidences and taught at the Long Beach Police Academy.

5. I hold the following certifications: Certified Forensic Examiner, Certified Electronic Evidence Specialist, Certified Electronic Crime Scene Investigator, Certified Network Engineer, P.O.S.T. Certified Police Officer, Microsoft Certified System Engineer, Certified Electronic Publishing Consultant, Intel Product Developer, and Certified Network Security Expert. I have professional affiliations with the American College of Forensic Examiners (ACFE), the International Association of Computer Investigative Specialists (IACIS), International Society of Forensic Computer Examiners (ISFCE) and I follow the guidelines and methodologies set forth by these entities.

6. As a forensic examiner, I have performed hundreds of computer/electronic based forensic examinations, many of which involved the analysis of code. Through this work, I have gained a broad base of knowledge that includes extensive experience analyzing web sites, web site source code, internet traffic, and client side technologies such as Flash and JavaScript.

Source: DECLARATION OF MARK ALCOCK CASE NO: CV 06-7561 PA(CWX) (2009)

BIOGRAPHY

Mark Alcock
Forensic Examiner
M. A. Services

Mr. Alcock is a certified Forensic Examiner and Information Security Specialist for M.A. Services. M.A. Services is an information security consulting company that was founded by Mr. Alcock in 1982 and is a member of a Computer Incident Response and Investigation Team (“CIRI Team”). He has performed hundreds of computer/electronic-based forensic exanimations, provided litigation support, expert reports and declarations and has served as an expert witness.

Mr. Alcock co-authored the book “Overly on Electronic Evidence in California” for the following editions: 2007, 2008, 2009 and 2010.

Mr. Alcock has been appointed as an Examiner for the Superior Court of California for the Counties of Orange, Los Angeles and Santa Clara. He performs computer/electronic-based forensic examinations, litigation support, expert reports and declarations, maintains evidence and serves as an expert witness.

Mr. Alcock is a member of the FBI Infragard where he gives lectures at the FBI crime summits on cyber threats and incidence response and gives support to the FBI cyber squad.

Concurrently, Mr. Alcock spent 24 years in law enforcement; at present a retired Sergeant from the Long Beach Police Department where he provided services for information technology and cyber incidences and taught at the Long Beach Police Academy.

Mr. Alcock holds the following certifications: Certified Forensic Examiner, Certified Electronic Evidence Specialist, Certified Electronic Crime Scene Investigator, Certified Network Engineer, P.O.S.T. Certified Police Officer, Microsoft Certified System Engineer, Certified Electronic Publishing Consultant, Intel Product Developer, and Certified Network Security Expert.

Mark Alcock
Forensic Examiner

Specializing in: 
Computer Forensics 
Litigation Support
Expert Testimony

26 Years Experience
Law Enforcement & Computer Technology

Appointed Court Examiner by
The Superior Court of Southern California 
County of Orange

-         Serves as Neutral Forensic Examiner –

Mr. Alcock's Expertise:

-Responding to computer crimes and incidences.

-Analysis of digital evidence.

-Litigation and trial support.

-Production of electronic discovery.

-Expert witness and testimony.

-Collection, preservation and presentation of electronically stored information (ESI).

-Has provided expert testimony in hundreds of cases; both civil and criminal, representing plaintiffs and defense.

-Cases have included theft of intellectual property, wrongful termination, employee misconduct, electronic embezzlement, malicious network intrusion, theft of trade secrets and copyright infringement.

-Assisted small, medium and large fortune 500 companies in their collection and production of electronically stored information (ESI).

California Public Records Act (Gov. Code Section 6250-6270

GOVERNMENT CODE SECTION 6250-6270

California Public Records Act.

SEARCH WARRANT AFFIDAVIT Warrant No. 7682

ABSTRACT: The STATE OF CALIFORNIA – COUNTY OF MONTEREY RETURN FOR SEARCH WARRANT, signed by Officer Rachelle Lightfoot on June 13, 2013, and the SUPERIOR COURT OF CALIFORNIA County of Monterey SEARCH WARRANT, signed by the Honorable Judge Robert O’Farrell on June 5, 2013, filed June 13, 2013, Warrant No. 7682 documents are embedded. Evidence type (Penal Code § 1524) “Property or things used as a means of committing a felony” and “Property or things that are evidence that tends to show a felony has been committed, or tends to show a particular person has committed a felony.” Forensic Examiner Mark Alcock was hired by the City and began his investigation of IT Manager Steve McInchak on March 6, 2013. Based on his training and experience and forensic exam, it was his opinion that McInchak was in violation of California Code Section 502. Alcock cited the following sections:

• 502 PC: "Where the law was enacted to protect the integrity of all types and forms of lawfully created computers, computer systems, and computer data that was vital for the protection of the privacy of individuals as well as to the well being of financial institutions, business concerns and governmental agencies."

• 502 (c)(2) PC: "Knowingly accesses and without permission, takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network."

• 502 (c )(7) PC: "Knowingly and without permission accesses or causes to be accessed any computer, computer system or computer network."

Moreover, “the information systems manager was to act under administrative direction, and that the use of access codes of other employees to gain access to their e-mail and phone messages, or any computer account was prohibited except by management. Mclnchak's position was not considered a management position.” The District Attorney’s Office will make its decision to not charge or charge, as a misdemeanor or felony, McInchak based on Carmel Police Department investigative reports and/or analysis of seized items.

 

  

STATE OF CALIFORNIA- COUNTY OF MONTEREY 

RETURN FOR SEARCH WARRANT &
SEARCH WARRANT

RELATED NEWS ARTICLE:

Warrant: IT boss being watched for months

-         Alleges he copied private files

By MARY SCHLEY, The Carmel Pine Cone
Published: June 21, 2013

ADDENDUM:

 Information Systems Network Manager Job Description and Policy No. c03-01

INFORMATION SYSTEMS NETWORK MANAGER Job Description & POLICY NO. C03-01

 City Organization 05-07-13

City Organizational Structure

Source: City of Carmel-by-the-Sea, California

Fiscal Year 2013-2014

Proposed Operating Plan & Budget

May 7, 2013