Evidence Preservation Checklist

Preliminary Document Requests (The "Paper Trail")

Tax Returns (Form 8949) Review Schedule D for any reported "Digital Asset" transactions or "Yes" checkboxes.

Bank Statements (Flat Currency) Flag transfers to "On-Ramp" exchanges: Coinbase, Kraken, Gemini, Binance, MoonPay.

Email Records Search for "Confirmation of Trade," "Account Verification," or "Device Login" emails.

Loan Applications Check if the spouse listed crypto holdings as collateral or assets on mortgages/lines of credit.

Device & Hardware Discovery

Physical Inspection Identify hardware wallets (USB-style devices like Ledger, Trezor, Coldcard).

Mobile Apps Review phone for "Hot Wallets" (MetaMask, Trust Wallet, Exodus, Phantom).

Cloud Storage audit Search Google Drive/iCloud/Notes for "Seed Phrases" (12–24 word lists) or private key screenshots.

Advanced Forensic Indicators

Mixer/Tumbler Activity Analyze if funds were sent to "privacy protocols" like Tornado Cash to obscure the trail.

NFT Holdings Verify if high-value digital art/collectibles are stored in OpenSea or Blur accounts.

Cold Storage Defense Challenge claims of "lost keys" by requesting timestamped forensic imaging of the last wallet interaction.

Legal Compliance & Expert Witness Prep

Rule 702/Daubert Standards Ensure your forensic expert utilizes peer-reviewed methodologies for blockchain tracing to meet scientific validity standards for admissibility.

Chain of Custody Documentation Confirm that hardware was imaged using write-blockers before any analysis began to prevent claims of data spoliation during discovery.

Subpoena Language & TROs Draft technical specifications for KYC (Know Your Customer) data from Centralized Exchanges and prepare motions for temporary restraining orders.