By a California court: The designer, Carter Bryant, has been accused by Mattel of using Evidence Eliminator on his laptop computer just two days before investigators were due to copy its hard drive.
Carter hasn't denied that the program was run on his computer, but he said it wasn't to destroy evidence. He said he had legitimate reasons to use the software.
Schneier goes on to say:
I have often recommended that people use file erasure tools regularly, especially when crossing international borders with their computers. Now we have one more reason to use them regularly: plausible deniability if you're accused of erasing data to keep it from the police.
Not sure about that, might want to check with the revised rules for civil procedure.