An evaluation of matching unknown writing inks with the United States International Ink Library

Utilizing a database of standards for forensic casework is a valuable resource. Undoubtedly, as more standards (and corresponding information about the specimens) are collected, there is a greater certainty of identification when a questioned and a known item cannot be distinguished after a series of analyses. The United States Secret Service and the Internal Revenue Service National Forensic Laboratory jointly maintain the largest known forensic collection of writing inks in the world, which is comprised of over 8500 ink standards collected worldwide, dating back to the 1920s. This study was conducted to evaluate the reliability of matching arbitrarily purchased pens with known inks from a database. One hundred pens were randomly obtained from a variety of sources and their respective ink compositions were compared with standards. Eighty-five of the inks were determined to be suitable for comparison utilizing optical examinations and thin-layer chromatography. Three of the inks did not match any of the specimens on record; one of these inks was similar to an ink from an identical brand of pen that was in the database, but had a modified formulation.     

Classification of black powder toners on the basis of integrated analytical information provided by Fourier transform infrared spectrometry and X-ray fluorescence spectrometry

Differentiating between black powder toners used in laser printers and copiers can be challenging for forensic examiners. One hundred and sixty-two samples from 82 different types of cartridges produced by 21 manufacturers that are currently available on the Polish market were studied using Fourier transform infrared spectrometry (FT-IR) and energy-dispersive X-ray fluorescence spectrometry (XRF). The spectra obtained by these two methods were classified into 14 groups and 28 groups using FT-IR and XRF, respectively. These classifications served as a basis for the development of an analytical scheme for differentiating black powder toners. This scheme can be used with any two methods that supply different information about an examined sample. The research will show that if two samples are similar in polymer composition (e.g., FT-IR spectra), additional quantitative elemental composition from XRF analyses may provide more discrimination. It was possible to differentiate 82.5% pairs of examined samples using only FT-IR, 90.8% pairs of examined samples using only XRF, and 95.8% pairs of examined samples using these two methods. Obtained spectra and all the available information could be used to create/build a database. The results obtained confirm the multiplicity and compatibility of toners. Additionally, it was stated that not all the samples were original (OEM).     

Application of Micro‐Attenuated Total Reflectance Fourier Transform Infrared Spectroscopy to Ink Examination in Signatures Written with Ballpoint Pen on Questioned Documents

Questioned documents examined in a forensic laboratory sometimes contain signatures written with ballpoint pen inks; these signatures were examined to assess the feasibility of micro‐attenuated total reflectance (ATR) Fourier transform infrared (FTIR) spectroscopy as a forensic tool. Micro‐ATR FTIR spectra for signatures written with 63 ballpoint pens available commercially in Korea were obtained and used to construct an FTIR spectral database. A library‐searching program was utilized to identify the manufacturer, blend, and model of each black ballpoint pen ink based upon their FTIR peak intensities, positions, and patterns in the spectral database. This FTIR technique was also successfully used in determining the sequence of homogeneous line intersections from the crossing lines of two ballpoint pen signatures. We have demonstrated with a set of sample documents that micro‐ATR FTIR is a viable nondestructive analytical method that can be used to identify the origin of the ballpoint pen ink used to mark signatures.     

Dating of Inkpad Seals Using the Extraction Rate Method: Preliminary Findings

Inkpad seals are often placed on important documents, and determining the date when a seal was affixed can be important to assess the authenticity of a document. In this study, three different brands of inkpads and four different types of paper were used to make diachronic samples of the seals. A double‐solvent extraction method was employed to date the inkpad seals by comparing extraction rates with inks of known age. Cyclohexane was selected as a weak solvent, and chlorobenzene was selected as a strong solvent. After testing, curves were created to show the relationship between the extraction percentage of ink and the date of the seals. The experimental results showed that the extraction rate method was applicable for the relative dating of inkpad seals in some cases where the seal was placed on the document within 6 months.     

开证行拒付留单后CIF合同的履行--兼评CIETAC[99]沪贸仲字第1422号仲裁裁决书

通过对CIETAC一则案例的评析,研究了CIF合同下买卖双方的义务以及开证行拒付留单后CIF合同的履行方式,探讨了在中国法律及<联合国国际货物销售合同公约>的环境下CIF合同的性质,认为CIF合同仍然是货物交易而不是单据交易.     

论刑法中的无形伪造--以文书为视角

各国立法中的伪造包括有形伪造和无形伪造两种情况.有形伪造是指无制作权限人非法制作文书的行为;无形伪造是指有制作权限者制作内容虚伪文书的行为.有形伪造与无形伪造的区别在于"名义人与制作人之间的人格是否具有一致性".处罚无形伪造的宗旨在于其侵犯文书的证据力.我国刑法中的伪造包含有形伪造和无形伪造两种含义,司法实践存在处罚无形伪造行为的案件.     

Forensic investigation of OOXML format documents

MS Office documents could be illegally copied by offenders, and forensic investigators still face great difficulty in investigating and tracking the source of these illegal copies. This paper mainly proposes a forensic method based on the unique value of the revision identifier (RI) to determine the source of suspicious electronic documents. This method applies to electronic documents which use Office Open XML (OOXML) format, such as MS Office 2007, Mac Office 2008 and MS Office 2010. According to the uniqueness of the RI extracted from documents, forensic investigators can determine whether the suspicious document and another document are from the same source. Experiments demonstrate that, for a copy of an electronic document, even if all the original characters are deleted or formatted by attackers, forensic examiners can determine that the copy and the original document are from the same source through detecting the RI values. Additionally, the same holds true if attackers just copy some characters from the original document to a newly created document. As long as there is one character left whose original format has not been cleared, forensic examiners can determine that the two documents are from the same source using the same method. This paper also presents methods for OOXML format files to detect the time information and creator information, which can be used to determine who the real copyright holder is when a copyright dispute occurs.     

The detection of multiply charged dyes using matrix-assisted laser desorption/ionization mass spectrometry for the forensic examination of pen ink dyes directly from paper

Abstract:  Laser desorption mass spectrometry (LDMS) is emerging as a technique for questioned document examination. Its use is limited to detecting ink dyes that are neutral or singly charged. Several inks contain dyes that are multiply charged and LDMS cannot be employed for their identification. We have successfully detected >20 polyionic dyes that can be used in the manufacture of inks using matrix-assisted laser desorption/ionization (MALDI) MS, directly from paper, with the matrix, 2-(4-hydroxyphenylazo)benzoic acid (HABA), and the additive, diammonium hydrogen citrate (DAHC). For example, Acid Violet 49, a charged dye containing one positively-charged site and two negatively charged sulfonate groups, cannot be detected by LDMS, but forms intact, singly charged ions in the MALDI MS experiment. The method described is also useful for identifying multiply charged dye mixtures that are used in modern pen inks.     

国际商事仲裁中的书证出示——评《国际商事仲裁取证规则》相关规定

国际律师协会《国际商事仲裁证据规则》反映了国际商事仲裁证据获取及出示方面的最好实践,可以通过当事人自由约定而适用。该规则第3条规定了三种在程序上应当区别对待的书证,第9条第2-5款规定了针对文件出示请求的异议理由。这些规则包含了书证出示方面充分平衡的规则体系,使仲裁庭可以以公平、可预见以及有效率的方式确定案件事实。     

规范性文件的行政机关内部事后审查程序——对《湖南省行政程序规定》第53条及相关制度的分析

我国规范性文件的监督审查体系看似严密,但却存在不少问题,每种审查方式都有自身的缺陷。《湖南省行政程序规定》第53条及其后续规定中行政机关内部对规范性文件的事后审查程序具有重大的开创意义,是对完善我国现有规范性文件审查体系的一种有益尝试。