Is it safe to sell an iPhone?
Another privacy issue, another reason to hire a private investigator
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.
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:
- 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.
- 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.
CYA: Get ToneCheck to monitor your company
New Year’s Resolutions a professional investigator can assist you with
- 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).
- 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.
- 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.
- 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.
Small business owners, are you prepared for holiday scams, fakes, and cheats?
According to the survey, 93.1% of retailers said stolen merchandise has been returned to their stores in the past year, up from 88.9 percent in 2008. In addition, three-quarters of retailers (75.4%) say they have experienced returns of merchandise purchased with fraudulent or stolen tender while 43.1 percent say they have experienced returns using counterfeit receipts. Nearly half (46.2%) also report that wardrobing—the return of used, non-defective merchandise like special occasion apparel and certain electronics—has been an issue for their company within the past year.The same survey, however, also indicates that there is some hope:
Though return fraud continues to plague the retail industry, changes in policies have helped companies see improvements in some areas. According to NRF’s annual Return Fraud Survey, completed by loss prevention executives at 134 retail companies, two-thirds of retailers (69%) say their company’s return policy has changed in the past to account for fraud. However, the losses remain staggering: the retail industry will lose an estimated $2.7 billion in return fraud this holiday season and an estimated $9.6 billion this year.But where do you begin if you’re a small business? National and regional businesses have more resources, which often include their own in-house loss prevention specialists. Because they need to have comparable return policies as their larger competitors, but lack security expertise, small business retailers are more exposed to the risk of fraudsters. This is one reason to permanently retain a professional investigator or security consulting company. According to Dr. Craig Engstrom, a small business consultant and assistant professor at The University of Montana, “Small retail and restaurant owners understand that bogus returns and counterfeit coupons put a major dent into their profits. However, most small business owners—especially those with fewer resources—seem to be at a loss about where to begin. I recommend to my clients and students to outsource to professional investigators.”
In a previous post, I already explained the benefits of retaining a private investigator as a small business owner. However, there are a few additional reasons to make a private investigator a permanent part of your business operations:
- Reduced fees. The first benefit of permanently retaining a private investigator is lower service rates. If you contract with a private investigator and pay a large, and often refundable, retainer, she or he is likely to reduce the rates of services.
- Specified expertise. By permanently retaining an investigator, you will have investigators permanently on call to respond to issues. What is more, the investigative company will better understand your business and be able to respond quickly to fraud, when time is precious. Because the investigative agency will do a comprehensive security assessment of your business, your risk exposure will be mitigated. Should an unforeseen problem arise, however, you’ll have a trained expert ready to begin an investigation to quickly identify or prepare a case against shoplifters and individuals who fraudulently return merchandise.
- Lower insurance rates. If you retain a professional investigator with security expertise, you can make a case to your insurance company that you should receive a discounted rate. Just as an alarm system lowers your insurable risk, so does having a team ready to respond to crisis. You may be surprised to learn that many private investigations companies actually write comprehensive risk assessments and offer crisis management training and preparedness to many small- and medium-sized enterprises. Do you have a crisis management plan and are your employees trained to handle crisis? If the answer to either of these questions is “no,” then you should consult with a professional investigator soon.
Private eyes can help resolve your rental problems
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..
Elder abuse is a serious issue
Some notes on 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
- 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.
Protect yourself when selling online (and a few other ramblings).
- Never post personal details, home phone number, or addresses online, especially when engaging in a high-value transaction. With phone number reversal sites and the online white pages, it’s easy to figure out where you live, especially if you still use a landline. Cell phones are more difficult to trace, but it’s possible. Create a free email address or use the Craigslist anonymous email posting option. When doing an online transaction, ask people to supply their full name and number in the initial email response. Then you can check them out before you make more personal contact.
- Meet in public spaces, with lots of people and surveillance cameras, and during the day. This does not require further explanation, does it?
- Arrive first and leave last. This will reduce the possibility that you’ll be staked out by potential thieves.
- Meet people with your (big) friends present. Again, no further explanation needed.
- The incomprehensive list above applies to all types of off-line interactions that originate online or via advertisement. If you’re on a social networking site, never post that you’ll be leaving town and wait to return before sharing the photos and updates from your trip. Many people whose homes are burgled oftentimes have a direct or indirect connection with the thieves.
- Attend the sale with you. Some private investigators are certified in doing security and are licensed to carry a fire arm.
- Complete a background check on a potential buyer.
Five questions to ask your private investigator
Tom Cruise is being sued for $5 million dollars because he hired the wrong private investigator (PI). According to court documents, published by Radaronline, Cruise is being sued by Michael David Sapir, a magazine editor, who believes Cruise hired Anthony Pellicano to illegally wiretap his phone. Pellicano, a former high-profile
Whether Cruise and his attorney, who is also mentioned in the suit, knew Pellicano tapped the phone is irrelevant. They could still be in hot water. Nevertheless, Pellicano should have known that he could not record any conversation, in person or over the phone, without every participant’s knowledge and consent. In
Of course, Tom Cruise is not expected to know what is legal and ethical. Neither are you. But so that you don't find yourself in a similar legal situation as Cruise, or have your evidence become inadmissible in court, you had better hire a high quality PI. So how do you know if your PI is good for you? Here are a few questions you can ask to get a better sense if she or he is a qualified professional:
1. Are you licensed and insured? While licensing varies by state, most require a minimum three years investigative experience, annual continuing education, and up to million-dollar insurance policies. If an investigator says she or he is licensed and insured, verify this with your state’s regulatory agency. Here are a list of some state agencies:
§ Texas
§ Georgia
§ New York
2. What are your areas of specialization and background? While most investigative agencies will do just about anything, from finding a lost pet to investigating workplace deaths, some are more qualified than others to do different investigations. If you need surveillance work, hire a company that specializes in surveillance. If you need electronic countermeasures, hire a company that has the training and equipment. You want someone to feel motivated about your case. If your needs don’t match the investigator’s business, your case may not receive priority. A good private investigator will admit to his or her limitations and inform you about his experience and background. Most importantly, an investigator working in his or her area of knowledge is likely to know all of the rules and legal procedures that apply--he or she will not jeopardize your case.
3. Can I see your contract? The first time you see an investigator’s agreement for services should not be when you’re signing it. A high quality investigator will let you see his or her agreement in advance. You are entitled to know your rights and obligations before your first meeting. This information could save you and your investigator time and money. Some investigators even keep a contract on their website so you can look at it any time. Look at the contract, does it appear professional? If this legal document is not important to the investigator, then don’t expect other legal documents will be either.
4. How do you deliver your reports, what do they look like? You can learn a lot about the way investigators do their reports. This is the product you will receive at the conclusion of an investigation. An investigator that provides proof of all services rendered, in various formats (e.g. video and print), likely takes their work seriously.
5. Are you available 24-7? Believe it or not, some investigative agencies maintain banker’s hours. It is important to know that if something urgent comes up you can reach somebody with the company any time of day, any day of the week. Then try it out. Call the agency late at night and see what happens. While this question may not allow you to know if the investigator is being ethical, you’ll know at least if she or he was being honest about phone access.
Other questions you may want to ask, depending on your personal situation, are “How many clients do you serve at once?”; “How many field investigators work for you?”; “What are your success rates?”; “How much is your retainer?”; “How do charges appear on my credit card?”; “What was the outcome of your last case?”; “Are their additional charges for court appearance fees?”
Of course, these questions are just general guidelines. While they are likely to be help you appear as a knowledgeable consumer, they do not guarantee success. Do your homework. Search to see if the company you are about to hire has outstanding claims with the Better Business Bureau or other consumer groups. But most importantly, go to your state's regulatory agency (links above) and verify that his or her license is active. In many states, they list any disciplinary actions taken against an agency. Tom Cruise should have known better than to trust a private investigator who said he was willing to use, as Pellicano claimed, “unorthodox methods.”
Six reasons entrepreneurs should retain a professional investigator
Since the recession began, increased layoffs and high unemployment have led to a much talked about increase in new business start-ups. Most start-ups, according to data reported by Scott Shane in The Illusions of Entrepreneurship (2008), are destined to fail. What is more, businesses that seem successful are constantly faced with common business risks, such as employee misconduct, theft, and lawsuits. These constant threats keep most small-to-medium-sized enterprises in a perpetual “near-death” state.
The recession has also led to increased unemployment, economic hardship, and, not surprisingly, increased business theft. Take, for example, the case of Bradco Supply Company (
Crooks nationwide have been stealing millions of dollars worth of shingles from companies this year, a sizable increase from years past. Previously, thieves would steal them from construction sites, but not on this level. They’re now getting ambitious, robbing warehouses — sometimes several semi-truckloads at a time — and hauling away hundreds of thousands of dollars in shingles. In
This has left many shingle suppliers literally hanging on by one. While public detectives are dealing with increased thefts, cities are also faced with their own fiscal crises due to declines in property tax revenues. Consequently, many of them have had to make painful cuts to city budgets. While police and fire departments may be the last to see their budgets cut, they are being asked to do more with less, and “with the emphasis in public law enforcement upon illegal drug suppression and violent crime reduction, property crimes perpetuated against faceless corporate victims receive second-level priority” (Sennewald, 2006, p. 15). Because many police departments do not have the time or resources to fully investigate small crimes against business owners (and by small this could still mean a $20,000 piece of equipment), many small businesses owners have been left searching for their own solutions.
(1) Due Diligence – Whenever a civil or criminal suit is filed against a company, one of the best defenses a company has is its ability to demonstrate due diligence. Showing (with good documentation) that a company took reasonable measures to mitigate risks and thwart dangerous, risky, or hazardous behavior can make a positive impression on judges and jurors. Remember, a company just has to show it took reasonable steps. Having an independent observer overseeing employees, seeking out security breaches, and identifying product risks, is likely to be seen as a reasonable precaution. Additionally, it is hard to live with the consequences of accidental deaths or huge inventory losses, especially when they may have been preventable.
(3) Background Checks – Many small businesses hire people without doing an extensive background check. This can become a major liability and threat to a company. Retaining a private investigator to do background checks on all potential hires will save a company money through quantity discounts and increased security. Habitual entrepreneurs should absolutely do a background check on all potential partners and investors.
(4) Asset Searches – Of course, a company may have to do asset searches as part of a background check on investors or business partners, but if management suspects that a major customer may file for bankruptcy, and that company has accepted goods or services on credit, a thorough investigation of the indebted business’s assets should commence. A retained investigator can insure they aren’t hiding or selling assets as means of avoiding repayment of credit.
(5) Networks – One thing that many people don’t fully understand is that professional investigators have many connections with other agencies, attorneys, experts, and professionals. This means that whenever a question may arise, they have a large pool of expertise to draw upon. If a company happens to need an answer to a particular question, they can call their investigator and save precious time and money.
(6) Commitment to company goals – Businesses sometimes must thwart activities without publicity. When a public detective investigates an issue, they have a duty to observe and report. This means that—like it or not—a public detective’s investigation will be made public or, worse, publicized in media sources. A public investigator’s objective is prosecution. A private investigator, on the other hand, has many options. His or her interest is helping to protect the client from negative publicity and to thwart any activity that is not in the interest of their client (within reason).
These six reasons entrepreneurs should hire a private investigator are only partial. There are, of course, many other reasons an entrepreneur may want to hire a professional investigator. This non-comprehensive list, however, highlights some of the more important work investigators are currently doing for their private sector clients. So that each party can better understand the other’s needs and work styles in a time of crisis, it is important to build a relationship and rapport with a particular investigation company over time. This requires ongoing collaboration, which is only attainable through ongoing work together. In a time of crisis, having had a private investigator agency as part of your yearly operating expenses will save you time, money, and emotional stress. Call a local, licensed agency to see what sort of plan you can create within your budget to protect your precious business assets.