Be wary of doing your own investigations

It's true, you can find relatively inexpensive GPS tracking devices and install them on a vehicle and monitor a car. It's true, you can follow someone and video record him or her. It's not always true that this is giving you good information. More importantly, it's not always true that this is legal.

Consider, for a moment, that you suspect your spouse is cheating or one of your mobile employees are engaged in some kind of theft (even if just "stealing company time"). So you install a GPS tracking device. But what does the GPS tracking provide, other than information about a vehicle's whereabouts? This could be troubling if your spouse or employee is one location when he or she claims to be in another. But this certainly does not prove anything other than a lie, and maybe not even a bold one.

Let's take the example of the cheating spouse. At conferences, investigators often share stories and a common one usually includes observing a suspected cheating spouse do peculiar, not necessarily damning, things. For example, instead of infidelity, sometimes spouses have "personal side activities" that they simply want to claim as their own. From the field, this has involved everything from taking classes at a community college, writing a novel in a coffee shop, shopping, and volunteering to be a conversation partner with a lonely senior citizen. A GPS unit alone leaves it up to the imagination about what is really going on. Sure, your partner may not be truthful, but when you reveal you've been covertly tracking his or her movements with a GPS device, this is likely to cause more strain to the relationship than his or her secret volunteer work. A private investigator can confirm, by observation, what is really going on before you damage your relationship. Oh, and the most important part: electronic tracker laws vary by state and are changing rapidly as courts resolve civil suits. In short, what you are doing could be illegal. If it is legal, but you are hot tempered, remember that a professional investigator acts as a buffer. If you get angry and confront your spouse "in the act," even if it really is cheating, then you could find yourself dealing with assault charges. A private investigator does not immediately reveal details, giving you a chance to "cool down."

Today, inexpensive technology has made it possible for lay people to do all kinds of investigations one limited to the private detective. But the laws are often unclear about the boundaries between the legal and illegal. It is for this reason that Harvey Silvergate claims we commit at least three felonies a day (see article).  In recent court cases, people have been arrested and charged for felony wiretap for doing very basic things, such as recording with sound, tracking a person's computer activities [another article], and pretexting (pretending to be someone else to obtain information). Professional investigators take continuing education courses to say abreast of the shifting boundaries. Importantly, they assume the risks of the investigation rather than the client.

The best way to protect yourself legally and to insure you are "getting the facts straight" is through good ol'- fashioned detective work performed by a qualified, insured, and licensed professional investigator. As the saying goes, you get what you pay for and, in today's world, one could rephrase this saying: you may pay (in jail or by ruining your relationship) for what you don't pay for. 

Another privacy issue, another reason to hire a private investigator

Continuing with our theme of internet safety, personal computer safety, and fraud protection, we have another odd case to report on. Again, this news only highlight why private investigators are becoming more important and how they can assist domestic and corporate clients.


An Ohio teacher recently sued a computer tracking company for sex spying. In this case, as described in the article and summarized below, the Ohio substitute teacher, Susan Clements-Jeffrey, had a webcam chat of a sexual nature with her boyfriend. This was at her home, in private.  Little did she know, her laptop was actually stolen property being aggressively monitored by Absolute Software, a private company that specializes in tracking stolen computers. 

Clements-Jeffrey had purchased the a used laptop from one of her students for $60 in 2008. Not only is this ethically questionable, but it should have at the very least raised a red flag. According to Clements-Jeffrey, she was unaware that the laptop was stolen. Supposedly, neither did the student. He or she had purchased for $40 at a bus stop and passed it along for a quick buck.

The computer was actually property of Ohio's Clark County School District, which uses Absolute Software to install hidden tracking software on all of its machines. This assists in recovery in the case of theft. As noted in the referenced article, "Absolute's software, known as LoJack for laptops, gives the company total remote access to the computer's data, which it records. LoJack is a highly-rated security service — and an entirely legal one — but in this case, Absolute is under fire for potentially violating the Electronic Communications Privacy Act and the Stored Communications Act, which details guidelines for virtual privacy." The issue is that Absolute's theft officer recorded Clements-Jeffrey's keystrokes and snapped three sexually explicit screenshots, and passed these along to the Springfield, Ohio police department. Clements-Jeffrey and her partner are currently suing Absolute, Magnus, the city of Springfield, and two police officers for violating their Fourth Amendment rights.


This is certainly an alarming story--one that does not reflect well on the private security industry. However, as with all news--good or bad--about a profession, much can be learned by unpacking the story's lessons. In this case, it should lead individuals to consider the following two things:

1. Consider contracting with smaller companies. Small investigative and security firms can do many of the things that Absolute does. Need your computers monitored or stronger internet security? A professional, private investigator can do this for you. In many cases, the smaller company subcontracts with companies that offer global property tracking services. So the service coverage is the same. However, with a smaller company you get higher quality, safer, and monitoring free of legal error.  Though you may not get the same cost advantage as going with a larger firm, you do get the benefit of a more personalized service. Smaller companies often only employ a few investigators, who are micromanaged. Direct supervision of employees or the actual work of a licensed, bonded, and experienced investigator (who is required to know laws and take continuing education) mitigates the possible poor judgment of lower-paid or low-skilled agents. In the end, piece of mind is worth the extra expense up front. In the case that it leads to a lawsuit, the minor additional costs of contracting with a small company will far exceed the costs of errors caused by larger firms.
2. Hire an investigator to check sellers, buyers, and products. Sometimes, a good deal is not too good to be true. However, if you are suspicious that one is (e.g., a $60 laptop) then spend an extra $100 to check the deal out. A private investigations company can do a background check on the equipment, check it for spyware, do a background check on the seller (or buyer) and so on. Obviously, for more expensive items, or when selling online, you definitely want to consider hiring a private investigator to facilitate and guide the process.

In today's economic climate. People are looking to take advantage of others. One group of people has been reducing domestic, professional, and corporate risks for centuries. A professional investigator can be an excellent way to avoid having to sue, or being sued by people. In this case described in this post, everyone seems to be a loser in the deal. A smaller investigative company could have been the unforeseen solution.

Another social media cautionary tale

Social media can be a great way to keep in touch with friends and family. It also has become a space for criminals of all sorts to steal identities or engage in illicit activities. Past blogs have noted ways to protect your identity and personal information in a digital and online world (Example: http://tinyurl.com/3eoocnh; http://tinyurl.com/42za7qz). The media recently reported another worry of social media. It is a bizarre story, but not surprising to professional private detectives.

It appears that Angela Voelkert created a fake account for 17-year-old “Jessica Studebaker,” complete with an attractive photo, and friended her ex-husband. Suspecting all along that it was his wife, David obtained a notarized affidavit: “I am lying to this person to gain positive proof that it is indeed my ex-wife trying to again tamper in my life… In no way do I have plans to leave with my children or do any harm to Angela Dawn Voelkert or anyone else.” He then proceeded to tell the person he had illegally installed a GPS unit on his ex-wife’s car and was seeking to hire someone to kill her. Angela turned this over to the FBI, who, in turn, arrested David. Having produced the notarized affidavit, however, David was able to turn the tables on Angela.

See stories in Time and HuffingtonPost.

  

This twisted tale is unsurprising to the professional investigator because domestic cases, especially those involving custody of children, often are fraught with high emotions. David’s decision to obtain a sworn affidavit was a good idea, but unlikely something most individuals would think of doing. It is not clear whether David was acting under the guidance of a private investigator, but most would have suggested doing exactly what David did. What is more, they could have given David additional security by recording and witnessing his social media interactions with “Jessica Studebaker.”

This story is just another reason private investigators are becoming more necessary in today’s world. Private investigators can assist clients in a variety of personal matters, including those in the still legally uncertain domain of social media. A quality private investigator would have dissuaded Angela from trying to entrap her husband. Instead, she or he would have suggested more civil procedures. For example, Angela should have considered having David’s everyday activities surveilled for some time to insure he was living a life that was proper for their children. In the end, of course, it is possible the investigator would have discovered that David was, in fact, a good father. This evidence could have been reassuring to Angela. Private detectives are not “hired guns” that seek to prove a client’s case for them. Ethical investigators act as collectors of information and third-party witnesses and mediators. Retaining their services is no guarantee of getting what you want, but it certainly would have been prudent for Angela.  

If In previous posts, we have provided advice that will assist you in finding a quality private investigator and making a good decision regarding the fit of a particular investigator with your case.

Help your private investigator save fuel, and you money

It appears that near-$4 gas prices are here to stay. Who knows, they may even go higher. If this is the case, all of us are going to feel the squeeze. But this does not mean that we can avoid uncovering spousal or domestic-partner infidelity, identifying employee misconduct among mobile workers, locating and serving subpoenas, documenting workers’ compensation fraud, and so on. It simply means, unfortunately, we must make (sometimes painful) adjustments to our habits in order to do business in an economy with higher energy costs.

Private investigators are feeling the pinch too. The cost of operating a private investigations business requires ongoing continuing education, state licensing, liability and auto insurance, office rent, database fees, advertising, and so on. High fuel costs, just like in most professions and business, means less money to pay for unforeseen personal or business-related expenses. Investigators have always charged money for travel expenses related to the cost of an investigation, but this only partly recaptures the full expense of vehicle wear and tear and fuel. In short, the investigators and their clients share the expenses related to “mileage fees.” However, due to high fuel costs, many investigators have been unable to absorb all of the additional expense and have had to raise their mileage rates, or institute special surcharged fuel prices go above $4 per gallon. This unfortunately is not good for the client, and therefore not good for an investigators long-term business interests.

In this blog, I would like to share with readers what they can do to save money. By working to save money for themselves, I believe clients will also help the investigator save fuel and vehicle maintenance. Though the tactics below may cost the investigator a few hours of surveillance time—savings passed onto the client—any lost surveillance or investigative work will be offset by saving on fuel. By sharing some strategies that will help our clients money, investigators will not only use less fuel (hey, it’s good for the environment), but will have better investigative outcomes. Thus, by heeding the three pieces of advice below, we believe our clients will help us create a win-win situation.

1.      Gather intelligence. Investigators need good intelligence to do their jobs well. The more intelligence you gather regarding a person’s behaviors and the context of their actions, the less time and travel the investigator will need to invest in establishing the parameters of the investigation. Often clients think they have good intelligence, but they incorrectly recall details or simply just draw upon the investigative subject’s recent practices. This often leads to fallacies of causation or generalization. In a domestic case, for example, a suspicious spouse may recall a recent event that seemed odd. However, his or her suspicions only seem to exaggerate the details. Let’s suppose a husband, for example, returns home two hours later than usual. This does not necessarily mean he was meeting someone. On that particular day, he may have had a post-work doctor’s appointment. By taking a few weeks to systematically record a spouse’s practices, a client may help an investigator avoid the need to establish random surveillances following, in this example, the husband after work. By observing daily practices, routines will become known. Since we are creatures of habit and routine, anomalies in routines become some of the best times to conduct surveillances. The same occurs in business. By looking at data and then correlating it to employees’ workdays, a client can help an investigator see patterns and identify which mobile employees ought to be followed. This will significantly reduce travel that would come with following all mobile employees for some time. In short, the more intelligence a client can provide the better chances that an investigator will spend fewer hours in the field.

2. Don’t skimp on money up front. Investigations can be expensive. Foremost, good investigators want to help clients get what they paid for, and if a good investigator is a good businessperson, he or she will also want the client to feel that she or he got a good deal. Referrals and reassignment is far less expensive than obtaining new clients through advertising. A good investigation, however, does require (as noted above) quality intelligence, which costs money. If you try to cut costs by not allowing the investigator to check, for example, vehicle registrations of a targets’ known associates. If you try to cut costs by avoiding the use of a tracking GPS on a company car or spouse’s vehicle (note: there are legal nuances so you should never do this without consulting an investigator), then the cost of the investigation may increase over time. For example, let’s imagine a frequent scenario where the investigator is following a target from one location to a potential meeting place with his or her paramour. Sometimes an investigator will need to stop a traffic light that the target was able to get through. If, for example, the investigator knows where the potential paramour lives—because of a background search on known colleagues—then the investigator can deduce from driving patterns where the target may be going. If the investigator already knows the potential paramour’s address, he or she has an increased chance of relocating the vehicle and getting quality surveillance video. If, however, the client forgoes such up front data gathering, then the investigator may spend time driving around with the hope of relocating a vehicle. In addition, surveillance may have to be rescheduled, increasing fuel use and additional hours of billable time.  

3. Follow your investigator’s advice.  This piece of advice is related to the second. It is probably some of the most important advice a client can receive, but often the most challenging to accept. Emotions run high in domestic investigations, so it is easy to want to confront a potential cheating domestic partner or spouse. Businesses want to quickly rid themselves of a suspicious employee. Being patient during surveillance is not always easy. However, it is important a client listen to the investigator, not because she or he she is always right, but because she or he has the best intelligence. A client cannot see what is going on during fieldwork. Getting too involved can create problems both for the client and the investigator. The great unknown for everyone is the target’s practices. Ideally, the investigator would be able to predict movement and establish a surveillance point just before the target moves. This way, the investigator is not spending 8 hours in the field waiting for a target’s movement. Intelligence can help close this gap, but it cannot fully close it. A client may think that surveillance is only going to be a few hours. But let’s say the target spends more time at work, or does not, on the first day, go to anticipated places. Or let’s assume the target engages in less public (and therefore less observable to the investigator) behavior. If a client micromanages or does not take the advice of the investigator, then he or she may pull the investigator away from a surveillance. In most circumstances, the client will want another surveillance to occur at a later time. Every time surveillances start and stop, the investigator has to travel to and from her or his office. All of this increases fuel usage and the cost of an investigation. If an investigator advises you to wait, then do so; it will cost you a bit more money then, but a lot less in the end.

The above pieces of advice will definitely work toward helping save the fuel costs associated with an investigation. Nothing is more important than honest and open communication between an investigator and his or her client, though. You should feel comfortable with your investigator. If you do not, choose an investigator with whom you do. Each investigator has his or her own approaches to doing investigating and operating his or her business.  There are many of us available to serve your needs, so shop around. If you happen to be in the Austin area, I’d, of course, appreciate your business. If you think you may have trouble covering the costs of an investigation, speak with an investigator. Often she or he has savvy ideas to help reduce investigative expenses for a client. So call an investigator today to discuss the particulars of your case and see what kind investigation can be conducted with few stops at the gas pump.  

CYA: Get ToneCheck to monitor your company

We’ve blogged in the past about the need for small businesses to think about cost-effective solutions to security, employee monitoring, and due diligence. So when a program comes along that could help you legally monitor (if implemented correctly) your and your employees’ emails with internal and external stakeholders, we want to pass this information along.

Entrepreneur Magazine recently published an article about ToneCheck, an email plug-in that flags emotionally charged and other inappropriate email. With a relatively good freeware version and a reasonably-priced full version for use in small to large enterprises, ToneCheck provides a line of defense against harassing and inappropriate emails. You know, those types of emails that may originate in a time of intense anger or passion, or when you're rushing to send off a rushed email.

If, for example, your employee wants to send a message, in jest, that reads "Ugh, you suck!" the "CYA" program comes to the rescue: a box pops up informing the sender that she or he "has exceeded the company’s tone tolerance." You can, of course, create various settings, and it does not stop an email; it only warns the sender. Such a program. however, can come in handy for a variety of reasons.

When used legally and strategically as part of your broader risk- and security-management, this program can help mitigate risk of lawsuit or lost business. For example, if you have this program installed on all of your computers, with employees' full awareness, they may actually appreciate this handy tool. Before an employee sends you that angry-toned email about how you're such a “bosshole” (admittedly, Entrepreneur Magazine said this one got through), the program will warn him or her that the message is “threatening.” In short, the employee will appreciate that this program saved their job.

Before an employee sends along a sexually-provocative joke throughout the office, “just to make people laugh,” the program will warn them of the risk. If she or he still proceeds, and your employee handbook specifically notes “that we do not tolerate the exchange of inappropriate emails (e.g., sexually explicit or racist in tone),” and you further specify that sending the email after warning by ToneCheck, the employee can face legitimate reprimand or termination. Also, you can show due diligence in court should a discrimination lawsuit be filed.

As a tool for yourself and your employees, y'all will be warned regarding the tone of an email to a potential or current customer. If you or your employee happens to be in a rush, the program will warn that the email can be interpreted as “threatening.” You don’t want to say “It has been annoying…, upsetting…, troubling…,”—which are all somewhat angry—when you really want to convey the following:  “It has been concerning me for some time that you have not been able to keep up on payments.” Yes, you may be annoyed or angry, but you don’t want to lose a good customer just because they interpreted your email as threatening.

Of course, a program is only as good as it is used and it can only be used with the appropriate type of monitoring. If you find that a particular employee has a tendency toward writing violent or threatening emails, especially if unconsciously, you may want to hire a private investigator to look into the person’s history or to conduct a thorough investigation. This program could just help you uncover an employee who is threatening sabotage or violence against you or your company’s interests. 

New Year’s Resolutions a professional investigator can assist you with

1. Locate a long-lost friend or family member. With the proliferation of social media sites and search services like Intelius available on the internet, it would seem that locating a relative or friend is easier than ever. While using these services can be useful, there are more difficult cases and circumstances that a private investigator is a better investment. With access to proprietary search services and practiced techniques (e.g., pre-texting), a private investigator can track down and locate hard-to-find individuals who may be living off the grid. In these tenuous times, where people are more concerned with personal security and privacy, you can protect yourself by using a state-licensed professional who can verify that the person want to be found, thereby protecting yourself from an uncomfortable situation or an claim of illegality (e.g., stalking).
   
2. Update company with mobile apps.  If you are a business with a mobile sales force or mobile servicing, it is probably time to integrate your financial processing with the various iPhone or Droid apps (for example) that are on the market. However, you must also concern yourself with security. A professional investigator can help assure that your mobile technology is being uses properly. Working, for example, as secret shoppers, a professional investigator can assure that your mobile employees are properly safeguarding important customer data. Should a problem arise, it is important that you can prove due diligence, and a having a private security consultant working with you will certainly help advocate your case to insurance companies or courts. Next month our blog post will be about protecting your company in the world of apps.
   
3. Solve a cold crime.  If you or your family has been the unfortunate victim of an unsolved crime, you ought to consider hiring a professional investigator with criminal investigation experience to assist you. An experience independent party can help develop new theories, identify new leads, substantiate or refute the sequence of events, interview witnesses to check consistency in statements, conduct forensic analysis using private labs, and so on. Regardless of the severity of crime, a private investigator can provide the focused attention to a crime that policing agencies cannot (usually due to budgetary constraints). Most people do not realize that many high-profile crimes were solved or defended through the efforts of private investigators.
   
4. Be proactive. If you’ve been suspecting something in your personal or communal life is not right, perhaps it is time to take proactive measures to find out. If you’ve been suspecting that the person you’ve been dating has a questionable background, it’s time to do a background check. If you suspect that your spouse or partner has been cheating, it’s time to put him or her under surveillance. If you suspect that a local company has been engaged in illegal or unethical behavior that will affect your or your community’s health, well-being, or security, it is time to conduct a civil investigation. If you think that your employees have been stealing from you, it is time to conduct a security assessment of your company. Remember that an ounce of prevention is worth a pound of care. The cost of hiring a private investigator may seem high, but if you see it as an investment rather than a cost, then the return will likely be worth it.

If you have questions regarding how a private investigator may be able to help you, please contact United International Investigations to see how we may be able help you. Our initial telephone consultations, as always, are free. 

Private eyes can help resolve your rental problems

A recent Newsweek article shows that, not surprisingly, U.S. apartment rental companies are seeing a surge in new tenants. On the negative side, this is a result of the large number of foreclosures over the past few years. On the positive side, this is partly due to an improved job market and an increasing number of folks feeling confident that they no longer need to share living arrangements with colleagues, friends, and family. (Here’s an interesting article on the topic: “Apartment rentals surge…,” Businessweek.


Due to the combination of this “surge,” cheap foreclosed properties, and record low interest rates, many existing rental companies are expanding their enterprises. Also, there are many new landlord-entrepreneurs entering the market by purchasing properties on the cheap and converting them into rental units. With overburdened established enterprises and fledgling new owners trying to keep up with the demand, the propensity toward poor management (e.g. rules are not enforced and the community deteriorates), fraud, discrimination, and deceptive practices should increase. These potential issues are not only cause for personal concern, but more often than not are regulated by law. For example, the federal Fair Housing Act and Fair Housing Amendments Act (Title 42, Chapter 25 U.S. Code §§ 3601-3619, 3631) prohibit landlords from choosing tenants on the basis of race, religion, ethnic background or national origin, sex, familial status, or a mental or physical disability. For problems that may not be generally regulated by state or federal statutes (such as dealing with lazy managers who do not fix problems), collective or individual civil action may be possible..

In cases of egregious violations of law or on matters of personal health or financial safety, hiring a private investigator to deal with tenant-rental company problems can be a wise decision. Obviously, a private investigator should not be hired for simple problems or misunderstandings. For purposes of mediation or arbitration, however, a competent private investigator can initiate an investigation of property safety by surveying a property and provide an objective opinion about the area’s general day-to-day activities and the operations of the rental management company. If you feel you’ve been discriminated against either as a tenant or as a potential tenant, a private investigator can set up an undercover investigation or use a wide range of data sources (many of which are only available to licensed private investigators) and knowledge to locate and interview others who have been involved with a particular company or manager.

While an internet search of “rental complaints” would suggest that there are many shady companies out there, we tend to believe that most are pretty good. However, you should have peace of mind when you do decide to rent. For renters who are moving to a new area and don’t have an opportunity to check out a rental property in advance, a private investigator can do a thorough security analysis of the neighborhood as well as send other types of objective documentation (e.g., photographs, video, and current tenant testimonials). While rental consultants and real estate agents are good at what they do, many of them receive a commission from property management companies. Obviously, this reduces their objectivity. Regardless of your current location, if you are considering renting a house or apartment from a new “entrepreneur-landlord,” it is recommended you conduct a background check on him or her. While this may seem strange, it is appropriate for two reasons. First, it is likely that she or he will do a credit check on you. Likewise, you should know who you’re dealing with. Does the landlord have poor credit rating or a criminal record? Would you feel comfortable renting from him or her if she or he does? While this will likely require consent from the property owner, he or she should not mind adding this addendum to the contract. In some circumstances, he or she may even be willing to absorb the cost of this report to obtain you as a tenant.

There are numerous other reasons you may need a private investigator as a renter. The best advice we can give is this: if something doesn’t feel right, it probably isn’t. Many private investigators offer free initial telephone consultations so there is no reason you should be hesitant to call one. If your particular situation doesn’t warrant a private investigator, he or she will let you know. Chances are pretty good that the investigator will know someone who can help you. In other words, one phone call could save you a lot of time.

Thinking of renting? Need help resolving a problem with your current landlord? Please visit our website for more information about our company and give us a call.

Elder abuse is a serious issue

In the United States, an aging population and the increase in home elderly care, adult day care, and assisted living centers means that more people are relying on others to care for their parents, grandparents, and friends. With children, people tend to take more precaution and are concerned with abuse. However, spiraling rates of elder mistreatment are reported by both practitioners and researchers. As noted by the National Committee for the Prevention of Elder Abuse:

There were 253,421 reports of abuse of adults age 60+ or 832.6 reports for every 100,000 people over the age of 60.  The National Elder Abuse Incidence Study (National Center on Elder Abuse, 1998) found that more than 500,000 persons aged 60+ were victims of domestic abuse and that an estimated 84% of incidents are not reported to authorities, denying victims the protection and support they need. Elder abuse is estimated to cost Americans tens of billions of dollars annually in health care, social services, investigative and legal costs, and lost income and assets. 

Obviously, people should take this issue as seriously as child care or child abuse. Like child abuse, the warning signs are similar. Here are just a few, courtesy of the National Center of Elder Abuse:

·         Physical Abuse - Slap marks, unexplained bruises, most pressure marks, and certain types of burns or blisters, such as cigarette burns

·         Neglect - Pressure ulcers, filth, lack of medical care, malnutrition or dehydration

·         Emotional Abuse - Withdrawal from normal activities, unexplained changes in alertness, or other unusual behavioral changes

·         Sexual Abuse - Bruises around the breasts or genital area and unexplained sexually transmitted diseases

·         Financial Abuse/Exploitation - Sudden change in finances and accounts, altered wills and trusts, unusual bank withdrawals, checks written as “loans” or “gifts,” and loss of property

The challenge that many people face, both with child and elder abuse, is that the abuse is often difficult to identify and goes unreported by the abused. With elders in particular, they may live in assisted living centers in communities where no immediate family is available. Consequently, the ability for family members to “keep tabs” on the care given by providers is reduced. Alternatively, they may live with a family member who does not provide adequate care or is emotionally abusive.

Of course, this is a sensitive subject. However, assessments of care centers and investigations into potential abuse by relatives should not be avoided. While there are many resources available once abuse has been identified, there are not many resources available to people who simply suspect abuse.

One available resource is a local private investigator. Utilizing a wide variety of investigative skills and expertise, along with some rights and privileges provided by state licensure, private investigators can give clients knowledge and assurance that a loved one is properly cared for. Here are just a few things a private investigator can do:

·         Conduct pre-care investigations into companies or individuals.

·         Provide consistent “assessment checks” to assure that the quality of service, cleanliness, employee morale, and mental and physical health of those being cared for has not declined. (This is a particular good option when families do not nearby.)

·         Conduct full investigations and surveillance into suspicions or knowledge of ongoing abuse.

If you suspect that someone you know may be suffering from elderly abuse and would like to know more about what a private investigator can do to assist you, please contact me for a free consultation. You can hold care providers legally and civilly accountable for their mistreatment, neglect, or abuse of the elderly. 

Answering some frequently asked questions

As noted in several blog entries, people may need an investigator for a variety of reasons. Hiring a private investigator can be overwhelming for someone who has never done so. Whenever I receive a call from a potential client, he or she frequently asks the following: "I have never needed an investigator before in my life. I would like to know how your services work, how much it costs, and what information do you need from me?" In this short post, I would like to answer these questions and present a few things that are important to consider when hiring a professional investigator.

How do your services work? When you hire any private investigator, he or she will ask you to sign an agreement for services. Within this agreement, your rights and his or her responsibilities will be specifically outlined. It is important that you read this document. I have made it a policy to present this information directly on the front page of my website. I feel that it is important that my clients understand that I am serious about our relationship and they are not surprised by any hidden fees. Almost all private investigators, like other legal professionals, require a retainer. This is essentially a refundable deposit that demonstrates that you have the financial means to pay for services rendered. Whenever any service is performed—and my company’s policy is to obtain permission from the client before performing a service—the payment is deducted from the retainer. Typically, private investigators will charge an hourly rate for surveillance-related activities and will charge flat fees for information gathering and document production. However, there are several services that are charged both at an hourly rate, plus additional feed. All of these, of course, are specified in the contract.

Services work best when there is quality communication between the client and the investigative agency. A quality investigator will be able and willing to explain the importance of a service before performing it. He or she will also always avoid ethically questionable or illegal practices. Every case is different, of course, so I cannot be specific about investigative practices without hearing your case. However, I think that by understanding clearly the business-related matters my clients feel comfortable with my approach to investigations.

How much does it cost? It is always difficult to answer this question because every case is different. If you can provide more intelligence in the beginning, this may save some costs. If the target of an investigation is very active or “sloppy,” important evidence may be obtained quickly and the overall cost of an investigation may be reduced. On the other hand, an investigation requiring more investigators, intelligence gathering, and technical expertise will likely increase the total cost of an investigation. It is my policy, however, to charge my clients the same hourly rate. This is all described in our contract, which is available on our website (www.investigateworldwide.com). This means that we, unlike several investigators, do not first “size up the client” and charge a higher hourly rate to those who seem to have greater financial resources. Our clients also do not have to worry about us quoting a lower rate but charging for more services. In short, I have made it a policy to be transparent. While I would like to be hired by readers, I know that you will shop around. At the very least, an investigator should be willing to provide for you a price list of services. If she or he cannot, you ought to consider whether you are getting a fair deal.

What information do you need from me? Understandably, many people who need to hire a private investigator do not want to give too many details when initially speaking to a private investigator. Nevertheless, certain details are necessary to get a better understanding of a case so that I can give a reasonable estimate of the type of services needed to be successful. Additionally, understanding the need of a client or the patterns of behavior of a potential target can help develop a better understanding of what will be required to produce successful results. This is why it is likely you’ll have to give some details during the initial phone conversation about the case. If you do decide to hire a private investigator you’ll obviously have to disclose some personal information so that we can enter into a legal relationship and provide any evidence or materials that will enhance the investigation and reduce the overall costs. As noted in the agreement, however, privacy is an important issue and we will reasonably, within the parameters of the law, protect your identity and any evidence produced during an investigation. You should feel comfortable with whomever you hire and by choosing someone who is licensed, you’ll know that you’re hiring someone who is regulated by your state’s Department of Public Safety. I hope that my company, United International Investigations, will make you feel confident that your case is being handled by professionals.

Some notes on identity theft

What are the odds that you’ll be a victim of identity theft this year? About 1 in 6, according to the Federal Trade Commission (FTC).

What is the expense of identity theft? Depends on the severity; however, the FTC estimates that the average victim spends $1,200 in out-of-pocket expenses and an average of 175 hours in his or her efforts to resolve the many problems caused by identity thieves. (Source) 

What are the most common types of identity theft? According to the ID Theft Data Clearinghouse, the following are the most common types of identity theft:

• Using or opening a credit card account fraudulently
• Opening telecommunications or utility accounts fraudulently
• Passing bad checks or opening a new bank account
• Working in another person’s name
• Getting loans in another person’s name

People could also use your identity to obtain a driver’s license, medical services, or to cover up both violent and non-violent crimes. As a result, you could find yourself in a situation where you have unpaid fees and fines or an arrest warrant issued in your name.

There are several ways in which an identity thief can steal your information. Here are just a few of the more obscure ways:

• Dumpster diving – As the saying goes, one person’s junk is another’s treasure.
• Your mail box – An unlocked mail box receives delicious pieces of mail everyday, usually while people are not at home.
• Computer hard drives – Don’t sell or recycle your computer without taking out the hard drive!
• Stealing customer details from a business – A disgruntle employee, for example.
• Email phishing scams – Don’t click on links embedded in emails!
• TMI-O! – Too Much Information Online! Posting all your contact information online along with your resume, bio, and picture can give an identity thief enough nuggets to assume your identity.
• Pre-texting – Some identity thieves pretend to be telemarketers and get unsuspecting victims to give them many details. If a legitimate representative of a company wants you to upgrade, they’d never say, “to verify your account, could you please provide your number and password?” Hang up!
• Outright theft – Yes, there are still those old-schoolers out there who’ll just steal your wallet or purse.
• Threats that you may not even know about -- Like this one:

Please do not become overly paranoid. People still have to take risks in order to function in our society. Being a member of an online social network can help you stay in touch with friends. Posting your resume online could be vital to getting yourself a job. Offering your biography online could solicit new clients. But be diligent whenever you put information online. Do an on-line security assessment from time to time.

How can you protect yourself? There is no shortage of information on the internet offering advice for protecting yourself (e.g., frequently change your online passwords). Here are a few good ones: FTC ID Theft Help, Privacy Rights Clearinghouse, and Identity Theft Resource Center.

In the event that you should be a victim of identity theft, you need to take action immediately. 

Hiring a private investigator can save you time and money; here is a real life example:

An investigator I know was recently retained by an individual (the victim) whose social security number had been used to open an account with a large mobile phone provider in Austin, Texas. Without notice, the victim started to receive harassing phone calls from a collection agency attempting to collect approximately $500. The identity thief had cleverly altered the last name of the victim and used a fictitious billing address to open the account. (This suggests it was likely an inside job.) The victim never received notice of the debt accumulating against his social security number. By the time the collection agency received the debt, more than a year had passed. It was the collection agency who eventually posted the delinquent account to the victim’s credit history; consequently, the victim’s credit monitoring company did not flag this because it was technically non-existent. (This also means that had the issue not been resolved quickly, the collection agency could have claimed the victim had himself committee fraud and reported him to the police.)

Due to the fact the credit added this alias to the victims credit history, the victim had an alias for several months and a lower credit score. After the victim repeatedly suggested to the collection agency that he was a victim of fraud, that his last name and date of birth were different than that of the supposed alias, and that he had never lived in Austin, Texas he tired of dedicating so much time to this simple issue. The victim wasted at least 40 hours or more trying to resolve the problem himself when he retained the private investigator. For less than $150 and in just a few days time, the issue had been resolved. The investigator simply provided proof that no such address was in existence—a demonstration of negligence on the part of the mobile phone provider—and contacted the collection agency and the large mobile carrier on behalf of the victim. With specific details, a comfortable understanding of laws and legal jargon, the name of attorney, the investigator motivated both organizations to provide the proper forms for the victim to resolve the issue. According to the victim, the professional investigator saved him a lot more time. Since time is money, the $150 turned out to be a great return on investment.  

Your identity and financial credit history are important matters. Take precautions and contact the appropriate people who have the knowledge and experience to help you.

The following books may also be helpful:

Civil rights violated?: Another reason you need a private investigator

by Craig Engstrom, Ph.D.*

Radley Balko, a senior editor for Reason, recently published an intriguing article. As he notes in the introduction to the article:

George Orwell famously said, ‘If you want a vision of the future, imagine a boot stamping on a human face—forever.’ He may still be right. But in today’s age of smart phones, Flip cams, and iPod cameras, there's a pretty good chance someone's going to capture that boot and the face it's smashing and post both to YouTube for all the world to see. Two recent incidents in Maryland illustrate the power of this new and increasingly democratized technology—and highlight just how important it is that the law protect the people who use technology to hold government agents accountable. (Balko, 2010, ¶ 1)

The first incident Balko describes, which will frame the advice given in this post, occurred recently at the University of Maryland. Following Maryland’s win over Duke, university students spilled into the streets to celebrate. In what appears to be an unprovoked confrontation, Jack McKenna, a Maryland student, was beat by three riot cops. With their iPhones, several bystanders captured to video this event and posted them to YouTube. Interestingly, the campus police initially stated that they could not provide footage from the campus security camera:

After the iPhone video of McKenna's beating emerged, investigators subpoenaed 60 hours of surveillance video from the College Park campus police. The only video police couldn't manage to locate was the one from the camera aimed squarely at the area where McKenna was beaten. Funny how that works. Campus police claimed that a "technical error" with that particular camera caused it to record over the footage of the beating. As public pressure mounted, police later found what they claimed was a recording of the lost video. But two minutes of that video were missing. Coincidentally, those two minutes happened to depict key portions of McKenna's beating. (Balko, 2010, ¶ 4)

While this incident (and the other incidents described in Balko’s article) highlights the usefulness of new technologies to speak truth to power, it raises two important questions: 1) What if bystanders had not been recording the incident and 2) what can one do immediately following these types of incidents? A possible recourse for victims, who feel that their civil rights have been violated in any type of situation, is to immediately retain a private investigator.

The immediate benefit of retaining a private investigator, even before an attorney in many circumstances, is that she or he can immediately begin an investigation. This will mitigate the potential that precious time will be lost. In these types of situations, it is critical to begin an investigation immediately, before evidence is lost (or destroyed) and witnesses forget details or are coached to question their initial impressions. In many states, any information that is obtained by a private investigator can later be submitted to the attorney as “notes to file,” meaning that it becomes part of the attorney’s work product and is, therefore, not discoverable. This will allow you to search for an attorney (the professional investigator will likely have several to recommend) or to file your claim with civil rights agencies without worrying about whether you’ll have a case. The private investigator will already be collecting data that will hopefully demonstrate that there is grounding for your claims. By having hired a licensed private investigator, evidence will be collected and processed in a legal manner, consistent with court admissibility. You will also have a central person to whom you can direct all people who approach you about the incident.

The investigator may also uncover witness video recordings that, for whatever reason, did not make their way to YouTube or other social media websites. This is, of course, the best evidence to have. But even if no video is obtainable, the investigator will be able to follow leads and conduct interviews with witnesses in order to collect accounts of the events. He or she may even be able to uncover details that may be purposefully or accidentally omitted in police reports. Whatever he or she can collect becomes important data that can be used to help in your defense (should you be charged with a crime) or civil proceedings (should you choose to file a suit). If, for whatever reason, there are no witnesses present during an incident where you feel a government has violated your rights, you may still benefit from an investigator. You can file your complaint to the appropriate authorities, and the private investigator can conduct an investigation into other complaints filed against the particular agent(s). By interviewing other complainants, employees, and other individuals who are knowledge about the agents or departments, an investigator may discover a pattern that could prove some negligence.

Private investigators are important ballasts to their public counterparts. While hiring a private investigator is often a great investment, it is important to remember that you or your family should vet private detectives before hiring them. You should ask the private investigator several questions, including whether she or he can conduct an objective investigation into potential police misconduct. While some private investigators are former police officers, many of them are not. Nevertheless, you should not exclude a private investigator solely on the basis of his or her prior or current connection with a particular police department. Hiring a private investigator with prior police experience can be an asset for many reasons. In other words, the particulars regarding where an investigator received his or her training and experience is not as important as what type of knowledge and experience she or he has. What matters more than anything, and something that you will be able to tell during your initial conversations, is whether the private investigator seems interested in your case and has the expertise to conduct a competent investigation. Not every investigative agency is interested in or equipped to handle these types of investigations. You should ask the investigator to explain to you what she or he will do to assist you. If something doesn’t sound right to you, it may not be. Before hiring any investigator, you should also check his or her reviews on websites such as Ripoffreport.com, Yellowbot.com, or the local Better Business Bureau.

It’s unfortunate that many citizens have to rely on technology and private investigators to protect themselves from government and corporate misconduct. However, by relying on both technology and quality private investigators, you can better protect yourself against injustices perpetrated by others against you.

* Dr. Craig Engstrom is owner and operator of Critical Hours, a company that provides consulting, research, and documentation services to small business owners. His scholarly research focuses on the business of private, professional investigations.

References

Balko, R. (2010, April 26). Watching the detectives: A nebulous "right" to videotape on-duty cops isn't enough. The right needs to be enforced. Reason Magazine. Retrieved April 27, 2010 from http://reason.com/archives/2010/04/26/watching-the-detectives>