A man has been accused in a New York Supreme Court, Kings County, of planting spyware on his wife’s cell phone two weeks prior to filing for divorce.
The wife and her defense team were attempting to pull information relative to the divorce from her phone, when a computer expert hired by the team discovered the spyware. State Supreme Court Justice Jeffrey Sunshine ordered the seizure of the husband’s iPhone and computers to determine if he attempted to gain an advantage in the case by installing the spyware to intercept confidential and or privileged communication, according to the Sept. 18 court decision.
The wife’s attorney submitted financial statements that allege the husband purchased the spyware programs mSpy and IPVANISH during the two weeks before he filed for divorce. When questioned about the spyware during a deposition, the husband invoked the Fifth Amendment nearly 60 times.
According to court documents, Sunshine said that a “referee” will perform an in camera inspection of the computing devices to determine if the allegations are true.
The judge has not determined what sanctions will be imposed if the accusations are confirmed.