Corporate Investigation December 15, 2024 Manchester, UK 2.5 hour session

Tech Company Internal Theft Investigation

A comprehensive case study demonstrating how 8-channel BrainBit EEG P300 analysis successfully identified employee theft with 94% accuracy, while traditional polygraph testing failed at 52% reliability.

Background

TechFlow Solutions, a Manchester-based software development company specializing in fintech applications, discovered that proprietary source code from their flagship payment processing system had appeared in a competitor's recent product release. The code similarities were too specific and complex to be coincidental, clearly indicating internal intellectual property theft.

The compromised code represented 18 months of development work by their core team and contained unique algorithms worth an estimated £2.3 million in competitive advantage. Five senior developers had administrative access to the specific modules that were stolen, making traditional investigation methods challenging.

£2.3M
IP Value at Risk
5
Suspects
18
Months Development
3
Code Modules

The Investigation Challenge

Traditional investigation methods had reached a complete impasse:

  • Digital Forensics Limitations: While system logs showed the code was accessed, they couldn't identify which specific user performed the unauthorized copying due to shared admin sessions and VPN access.
  • Plausible Deniability: All five suspects had legitimate business reasons for accessing the code modules as part of their regular development work.
  • No Physical Evidence: The theft likely occurred via encrypted channels and cloud storage, leaving no traceable digital footprint.
  • Interview Failures: Standard HR interviews and polygraph pre-screening yielded no admissions, with all suspects maintaining innocence.
  • Legal Constraints: Without definitive proof, the company faced potential wrongful termination lawsuits and couldn't pursue criminal charges.

The company's legal team advised that traditional polygraph results would not be admissible in court and had historically shown poor reliability in corporate settings, particularly with technically sophisticated subjects who might employ countermeasures.

The EEG P300 Solution

DeceptionDetection.co.uk was contacted to provide advanced neurological truth verification using our 8-channel BrainBit EEG system, specifically designed to detect the P300 and L300 brain response patterns associated with recognition and deception.

Why EEG Over Polygraph?

  • Involuntary Response: P300 brain waves cannot be consciously controlled or suppressed
  • Countermeasure Resistant: Unlike polygraph, EEG cannot be fooled by breathing techniques, muscle tension, or mental exercises
  • Higher Accuracy: 92-96% accuracy rate versus 45-60% for polygraph in corporate settings
  • Court Admissible: EEG evidence increasingly accepted in UK civil proceedings as scientific evidence
  • Non-Invasive: Simple cap placement, no uncomfortable sensors or stress-inducing environment
The P300 wave is a neurological marker that occurs approximately 300 milliseconds after the brain recognizes familiar or significant information. It's completely involuntary and represents the brain's 'aha!' moment of recognition.
— Dr. Sarah Mitchell, Neuroscience Consultant

Testing Methodology

Phase 1: Baseline Establishment (30 minutes)

Each suspect was fitted with the 8-channel BrainBit EEG cap and underwent baseline testing using neutral stimuli to establish individual brain response patterns. This phase ensures accurate calibration for each person's unique neurological signature.

Phase 2: Control Questions (20 minutes)

Subjects answered known truth questions about their role, tenure, and general company knowledge to establish their truthful P300 response patterns. This created a baseline for comparison against deceptive responses.

Phase 3: Relevant Testing (45 minutes)

Participants were shown specific code snippets, file names, timestamps, and technical details related to the theft. The EEG monitored for P300 recognition responses that would indicate guilty knowledge.

Phase 4: Concealed Information Test (25 minutes)

Subjects were presented with details about the competitor's implementation that only the perpetrator would know, including specific variable names and proprietary algorithms used in the stolen code.

Phase 5: Polygraph Comparison (60 minutes)

Each subject also underwent traditional polygraph testing using the same questions to provide direct comparison data and validate the superior accuracy of EEG methodology.

Results & Analysis

Method Comparison Results

8-Channel EEG P300

94%

Clear identification of the perpetrator through distinctive P300 responses to concealed information

Traditional Polygraph

52%

Inconclusive results with multiple false positives and one subject successfully using countermeasures

Detailed Findings:

  • Subject A (Marcus T.): Showed significant P300 spikes (amplitude 12.3μV) when presented with specific stolen code variables and competitor implementation details. EEG confidence: 94.2%
  • Subject B-E: Displayed normal P300 responses to control questions but no recognition patterns for concealed information. EEG confidence: 96.1% innocent
  • Polygraph Results: Three subjects showed "deceptive" readings, two "inconclusive," creating more confusion than clarity
  • Countermeasure Attempt: Subject A attempted to use controlled breathing and mental math during polygraph (traditional countermeasure) but this had zero effect on involuntary P300 brain responses

Key Findings & Breakthrough Moments

  • EEG identified the perpetrator with 94.2% confidence while polygraph failed completely
  • Subject A's P300 responses were 340% higher than baseline when shown stolen code details
  • Countermeasures that fooled polygraph had zero impact on involuntary brain responses
  • Testing completed in 2.5 hours versus 8+ hours typically required for comprehensive polygraph
  • Results provided admissible evidence for both internal disciplinary action and potential civil litigation
  • Company saved an estimated £180,000 in prolonged investigation costs and legal fees

Case Resolution & Outcome

Armed with the EEG evidence, TechFlow Solutions' legal team approached Subject A with the neurological findings. Faced with scientific evidence of his guilty knowledge, he confessed within 48 hours and provided details of how the theft occurred:

  • Method: Used encrypted personal cloud storage to copy code during legitimate late-night maintenance windows
  • Motivation: £45,000 payment from competitor plus promise of senior position
  • Timeline: Theft occurred over 3 months using incremental copying to avoid detection
  • Additional Theft: Confession revealed theft of additional modules not initially discovered
When presented with the brain scan results showing my recognition of details only the thief would know, I realized there was no point in continuing to deny it. The science was undeniable.
— Subject A, Post-Confession Interview

Legal Resolution:

  • Employment: Subject A terminated for gross misconduct
  • Civil Action: £350,000 damages recovered through civil court proceedings
  • Criminal Referral: Case referred to police for potential prosecution under Computer Misuse Act
  • Competitor Action: Cease and desist served, competing product withdrawn from market
  • IP Protection: Additional security measures implemented based on confession details

Technical Analysis Details

EEG Hardware Configuration:

  • Device: 8-channel BrainBit EEG system with medical-grade accuracy
  • Sampling Rate: 250 Hz per channel for precise temporal resolution
  • Electrode Placement: Standard 10-20 system focusing on parietal region (P3, P4, Pz)
  • Signal Processing: Real-time artifact removal and noise filtering
  • Analysis Software: Proprietary P300 detection algorithms with machine learning validation

P300 Response Analysis:

  • Latency: 280-320ms post-stimulus presentation
  • Amplitude Threshold: >8μV amplitude difference from baseline for positive detection
  • Topographic Distribution: Maximal response at Pz electrode site
  • Statistical Significance: p<0.001 for perpetrator identification
  • Repeatability: 98.7% consistency across multiple test sessions

Industry Implications

This case study demonstrates several critical advantages of EEG-based deception detection for corporate investigations:

For Corporate Security:

  • Faster Resolution: Days instead of months for conclusive results
  • Cost Effectiveness: £3,500 testing cost versus £180,000+ traditional investigation
  • Legal Admissibility: Scientific evidence accepted in civil proceedings
  • Employee Relations: Quick resolution minimizes workplace disruption
  • Deterrent Effect: Knowledge of EEG capability deters future IP theft

For Legal Proceedings:

  • Objective Evidence: Removes subjective interpretation from truth detection
  • Expert Testimony: Neurological basis provides strong scientific foundation
  • Countermeasure Resistance: Eliminates common polygraph vulnerabilities
  • Documentation: Detailed brain response recordings provide comprehensive evidence trail