World Forest ID has been working with the counsel of Searby Law since 2023 to identify opportunities to use scientific and AI-inferred data as evidence of origin misdeclaration and illicit movement of forest products in strategic litigation cases, with specific focus on Ukraine and Latin America.
Searby’s focus
Searby Law’s strategic litigation services are committed to combating environmental crimes, human rights violations, fraud, and corruption across various jurisdictions. Recognising that in many countries, the rule of law struggles to effectively address environmental and human rights crimes, Searby Law collaborates with Non-Governmental Organizations to ensure that legal repercussions for wrongdoers include penalties that are proportionate to harms and sufficient to be dissuasive. The practice is particularly keen to support communities facing significant challenges in holding perpetrators accountable under both environmental and non-environmental laws at the local and national level. Noting that the lack of effective accountability frameworks is frequently linked to corruption, bribery, money laundering and fraud, the Strategic Litigation team leverages deep expertise in white-collar criminal prosecutions and innovative modern data and legal strategies.
Presenting spatial / scientific evidence in legal proceedings
The working partnership takes a broad perspective on the legal process, recognising that scientific evidence not only is useful to prosecutors in court, but also may help with targeting in investigations, for example by supporting application for search warrants necessary to uncover documentary evidence of intent.
Acting as a bridge between legal and scientific communities concerned with illegal logging and trade, World Forest ID and Searby Law develop templates for the presentation of scientific evidence in legal proceedings, with specific focus on transparency and clarity in both referencing data and comparison/evaluation. Demonstrating that the origin of products in forest connected supply chains has been misdeclared at customs or in relation to supply chain regulations is not only an end in itself, triggering prosecution associated with the Lacey Act for example, it can also unlock the use of other legal mechanisms such as Anti-Money Laundering Laws, which have the potential to result in more effective deterrents due to higher penalties and resulting compliance from financial institutions and other corporate actors.
Consideration of AI-inferred data in investigative and judicial processes
The use of various types of AI-derived data/’knowledge’ in evidence is a new frontier in U.S. legal proceedings, and remains a dynamic field of practice in many jurisdictions. While the Federal Rules of Evidence do not specifically address AI, they set standards for relevance, authentication, and reliability that any form of evidence must meet. The Daubert factors, which are particularly important for scientific expert testimony, require evidence to be based on scientifically valid reasoning and methodology.
At World Forest ID, understanding the legal landscape surrounding the admissibility of AI-based evidence in U.S. courts is crucial for our mission. Searby Law provides comprehensive analysis of this topic tailored specifically to our current technology so that we can ensure that our methods and findings are legally-sound.
By combining Searby Law's legal expertise with World Forest ID's scientific data, the partnership aims to strengthen cases against environmental crimes, ensuring greater accountability in forest-connected supply chains and ultimately protecting land from illegal deforestation and degradation.
