An Historical Summary Of Spyng
Ask a cross-section of people when “spying” came into being and you will get a variety of answers. Most of these answers will probably deal with Vietnam, WW II, the Cuban Missile Crisis or possibly a little earlier. For the most part, people are unaware that spying and investigations have been occurring since the beginning of mankind. As the founder of the Association of Christian Investigators, I often get asked similar questions that have their origin in the Bible. The Bible is quick to point out some cases in which spying was used. Whether you believe in God or not, the Bible has been accepted as a true and accurate account of the history of mankind. Therefore, we can see that spying has it’s roots as far back as 1450-1410 B.C. In Deuteronomy, the Israelites were seeking a new land in which to inhabit. Many of the men were concerned about the territory they were preparing to enter and voiced their concerns to Moses. Chapter 1, verse 22 states, “Then all of you came to me and said, Let us send men ahead to spy out the land for us and bring back a report about the route we are to take and the towns we will come to.” At this, 12 men were sent out to investigate and returned with their reports.
The next time we hear about spying is in Joshua 2:2, which states, “The king of Jericho was told, look, some of the Israelites have come her tonight to spy out the land.” Later, in Joshua 7:2, we see that once again the Israelites set out spies, “Now Joshua sent men from Jericho to Ai, and told them, go up and spy out the region. So the men went up and spied out Ai.”
We see that between 1400-1000 B.C., the technique of using a double-spy came into being. In Judges 1:23 it states, “When they sent men to spy out Bethel, the spies saw a man coming out of the city and they said to him, show us how to get into the city and we will see that you are treated well. So he showed them, and they put the city to the sword but spared the man and his whole family.” Later in Judges 18:2 we see spying once again, “ So the Danites sent five warriors from Zorach and Eshtaol to spy out the land and explore it.”
In 2 Samuel 10:3 and 1 Chronicle 19:3, we see where “counter-spying” took hold. The verses indicate, “Do you think David is honoring your father by sending me to you to express sympathy? Haven’t his men come to you to explore and spy out the country and overthrow it? So Hanun seized David’s men.”
Jump ahead in time to 49-52 A.D. and we see in Galatians 2:4 that spying was still occurring. “This matter arose because some false brothers had infiltrated our ranks to spy on the freedom we have in Christ Jesus and to make us slaves.”
The Roman army became interested in spying in their attempts to uncover the identities of early Christians so that they could persecute these subjects. From this, the Roman army also utilized the technique against other armies that they conquered. According to India history, they had two ministers in ancient Indian history, Chanakya and Kautilya who were reputed to have created a network of informants and spies in other kingdoms . By doing this, they were able to assist their kings in consolidating their empires and in becoming more powerful.
Our own country has been filled with accounts of spying. Early on, the military referred to them as “scouts,” and they were used by the Spanish, French and English explorers. The scouts became early recruiters of double-spies simply by winning the friendship of the Indians so as to learn more about their strengths and weaknesses. Jump forward again in time and you will recall how the U.S. Calvary used Indian spies to seek out the opposing forces.
Eventually, came the Pinkerton Security agency which was originally established to maintain security for the railroad and eventually branched out into detective work. Everyone interested in the criminal justice system knows about Pinkerton.
With the onset of WW I, came a new sense of urgency in spying. New technology designed specifically for spying was manufactured and the welfare of the United States became an ever increasing burden. The responsibilities of keeping the U.S. up-to-date on the actions and intentions of possible aggressors helped to usher in spying as we know it. However, the earliest foundations of spying are seldom discussed. This is truly one of the oldest professions with a long and respectable history.
Why Every PI Should Say No
Any PI who has a full-time business with employees and normal overhead hates to turn a case away. However, there are times when the best thing you can do is walk away from a client. Domestic cases are the most common types of investigations that call for all of the investigator's senses to be on-guard. I have learned that dealing with individuals has the potential to go astray more than your normal corporate or insurance case. Failing to lay the groundwork or short cutting a consultation can create major problems in the end. I always spend more time interviewing the potential client in a domestic case than I do in most other cases. One case in particular had the potential to backfire more than most.
I had a male subject named Ken who called and had to meet with me as soon as possible. My schedule allowed some time that same afternoon and the subject presented himself as a nice, easy to get along with man. He indicated that his wife had dropped him off at work the day before and failed to pick him up after work. He caught a ride home and when he arrived, all of the furniture and household belongings were gone alone with his five-year-old son. Ken indicated that he would understand if his wife didn't want to continue their marriage, but he wanted to know where his son was and to see him on a regular basis. At one point during the consultation, I boldly stated that she probably got tired of his beatings and decided to run from him. This would tend to antagonize most men, but he kept his cool and continued to stress the need to find his son. Convinced that he posed no problem, I agreed to help. Ken gave me the name of his wife's sister, who lived in another town, but did not know where she lived. He was convinced that his wife was hiding out with her sister.
I began attempts to locate the sister. Fortunately, he gave me the wrong name and I pursued a person that didn't exist. Several days later, I walked in the house just in time to see his mug shot on the TV and the news indicating a warrant for his arrest was outstanding. He had located the mother-in-law and shot her execution style because she wouldn't tell him where her daughter's were. In the mother-in-law's purse was a piece of paper that directed him to a storage unit. Ken broke into the unit, found other documents that directed him to the sister and her apartment. He conducted surveillance and one morning observed his wife and son exiting the apartment. Ken approached his wife, who shot at him with a handgun but missed. He returned the fire, striking her but not killing her. Ken grabbed his son and fled. Several days later, police were called to a bank for a suspicious person call and found Ken and his son sitting in his car. He shot himself with his son sitting next to him in the car.
This is an extreme case example, but a realistic one. Fortunately, as soon as I discovered what was occurring, I contacted the police department who reviewed my file and concluded that I had nothing to do with Ken finding his wife. This was one of those times that cause you to stop and review policies and procedures. I now have strict guidelines on accepting domestic cases. In addition, my disclaimer on the front of all reports also include the following, "The client and/or their representatives has represented to Kelmar and Associates that the information enclosed in this report will be utilized in a lawful and non-violent manner and agrees to hold Kelmar and Associates and their representatives harmless from miss-use of any or all of this information." Trust me, this does not prevent this from happening, but is one of many steps that we as PI's should take.
One of the most important aspects of a consultation is making sure that the client understands what to expect from the PI. Everything from what will be in the report to the cost and time frame should be outlined. Remember that they probably have never had any prior experience with a PI. As a PI, we have to treat our business like a business, but we should remember that we can say no to a new case!
Defending The Defender
Our agency was employed by an attorney, that represented a security guard company in a negligence lawsuit. The facts of the case involved a security company that had the contract at a college to provide 24-hour on-site armed security. During registration, a security guard was sitting in a room assisting with taking money as the students paid for their classes. Two men with ski masks entered the building and fired several shots from their firearms. The security guard was struck in the head and killed instantly. Several students were wounded, but recovered from their injuries. As the perpetrators left the building, two additional armed security guards came face-to-face with the perpetrators who were at different ends of the hallway. The security guards were surprised to find guns pointing at them and taking this, along with the safety of other students into account, elected not to pull their weapons. The two perpetrators exited the building, entered a nearby car and fled the scene. The security company was subsequently sued by students who were present at the time, alleging that the security guards did not act reasonable in this situation. Although the security company was a solely owned company, they petitioned the college to have them listed as employees of the college. This would have enabled the security guard company to be protected due to a government entity having limited liability. The college refused and the lawyers for the security company then counter-sued the college to include them as a defendant in the case. Obviously, from an investigative stand-point, this limited access to college records and personnel.
In cases such as these, there are several issues that must be over-come for a successful defense to be mounted. These include: (1) forseeability (2) crime rate (3) proper licensing (4) proper training (5) adherence to the written contract (6) reasonable actions of the security personnel (7) physical access and limitations and (8) equipment. Although other issues may evolve during the investigation, these are some of the fundamental building blocks in these types of cases.
Foreseeability: Foreseeability is based on available information from law enforcement agencies, crime statistics, experience, and news sources. In an article entitled, “No Room for Liability,” published in the June 1997 edition of Security Management, the article deals primarily with hotels and the issue of forseeability. However, the article has implications in this incident. The article indicates that a hotel in Atlanta was sued after an assault. Initially, the court ruled in favor of the hotel but the appeals court reversed the decision finding that the trial court had imposed too narrow a definition of forseeability. Three nearby hotels had suffered more than 400 crimes in their parking lots in the same period. The ruling indicated that the high crime rate in and around the hotel should have been enough to warrant extra securtiy. The article continues by stating that security cases hinge on four major elements:
- whether the owner owed a duty to provide a safe environment to the injured party
- whether the owner breached the duty to provide a safe environment
- whether the breach constituted the “proximate cause” of the injury
- whether the plaintiff suffered actual injury or damage.
The duty to provide a safe environment is pretty basic. In the incident in question, the plaintiffs had reasonable expectation that they would be safe from such an assault while on the campus. Whether the security company or college breached the duty is more difficult. In Chapman v ESJ Towers (U.S. District Court, Puerto Rico, 1992), the appeals court ruled in favor of the plaintiffs stating the defendent should have had “reasonable forseeability.” The court reasoned that among other things, that only one security guard was on duty, working a 12 hour shift without a break and watching 10-15 CCTV monitors simultaneously. The court also found that cars could get out of the property without going through an access control system. In the case of this incident, there were a reasonable amount of security officers on duty at the time of the incident. However, the surveillance cameras were apparently not functioning properly and no one had been assigned to monitor the cameras. Additionally, the parking lot area did not have an access control system. The article points out that “the property owner’s breach of duty must be the proximate cause of the victim’s damages. Inadequate security alone is not enough to warrant a ruling in favor of the victim..”
The article continues by stating that the case laid out other relevant elements pertaining to foreseeability including:
- compliance with industry standards in protecting its premises
- the presence of suspicious people around the premises
- peculiar security problems of the facility, including the design of the facility
In this incident, contact with other colleges and universities revealed that the security company appeared to operated within industry standards. Most of the colleges and universities contacted revealed that they do not handle registration day any different than any other day as far as security is concerned. In addition, most of their officers are unarmed.
Crime Rate: The crime rate and crime history in the area of the incident played a role in determining whether the college and security company should have foreseen the probability of an incident such as this. In this situation, the security company did not have access to their reports as they were filed at the college and were not readily available. Therefore, interviews had to be conducted to determine the general recollection of the crime rate.
Next, we conducted a neighborhood canvass to find out about crimes and the perception of crime in the area near the college. Outside of a few burglaries and auto thefts, the area appeared to be free of crime, especially violent crime. We then obtained a break down of police calls within a two mile radius of the college. There were only 17 assaults, 3 weapon related calls, 7 robberies and 130 suspicious person calls. We also checked with the local media and the reporters covering the police beat who indicated that they believed the area around the college to be relatively safe. A check of the FBI statistics was then performed and it was determined that the specific city and those around it had experienced an average decrease in crime of 7 %. Compared to cities throughout the U.S. with similar populations, the crime rate was even lower.
To take this a step farther, our investigators contacted other colleges and universities in the state to determine if they had experienced any similar incidents and their crime rate. None of these had reported any incidents where there was a victim of a robbery and/or physical assault with a weapon.
A review of current written material related to the topic of foreseeability was conducted. In a recent court proceeding, Timberwalk Management -v- Cain, 972 S.W. 2d 749 (Tex. 1998), the court stated: “Crime may be visited upon virtually anyone at any time or place but criminal conduct of a specific nature at a particular location is never foreseeable merely because crime is increasingly random and violent and may possibly occur almost anywhere...” In the incident in question, the incident was “specific in nature” as it was obviously a predetermined act of assault and robbery. In addition, the act was “specific in location” and could not have been a random act that could have been forseeable based on related crime in the approximate area. In this same case, the court continued by stating: “A duty exists only when the risk of criminal conduct is so great that it is both unreasonable and foreseeable. Whether such risk was foreseeable must not be determined in hindsight but rather in light of what the premises owner knew or should have known before the criminal act occurred.” In the incident at the college, “the risk of criminal conduct being both unreasonable and foreseeable” did not appear to exist. Further, there was not any information or other indicators that would have prompted the security company to foresee an event such as this.
Proper Licensing: In this case, a check with the State Board revealed the security company was properly licensed and insured. In addition, the security officers were properly licensed at the time of the incident.
Proper Training: At the time of the incident, the security officers in question had completed the required training set forth by the State Board. In addition, each were also properly trained and licensed to carry a weapon on duty.
Adherence to Contract: A review of the contract between the security company and the college revealed that the contract was weak and little was specified about the actual duties and responsibilities of the security officers. The security company was found to not only have complied with the contract, but exceeded it when appropriate. According to the contract, the security company was only required to have 2 officers on duty for registration. The security company, however, elected to have 3 present.
Reasonable Actions of the Security Officers: According to the author of “Trial by Fire,” published in the Security Management May 1998 edition, San Diego State University had a student who shot and killed three instructors on August 15, 1996. The University’s security personnel approached the shooter and were able to take him into custody. According to the author, “legally, they could have done so, (shot the student), but in the university’s view, the additional bloodshed was not necessary, because the officers were in full control of the situation and would have been able to react to any threatening movement. The officers responded appropriately, displaying judgment and sensitivity while maintaining proper officer safety techniques.... Had the officers been unarmed or poorly trained or supervised, the events following the shooting could have escalated an already tragic incident.” Accordingly, as noted in this article and “Keeping Crisis Cool,” the manner in which security officers react to a potential threat will have a direct bearing on how the situation escalates. In the incident in question, the security officers who were not wounded reacted in an appropriate manner by not drawing their weapons. In the interior of a building composed of brick and concrete, any bullets missing their mark would have richoceted and may have hit innocent bystanders. Additionally, the security officers reacted properly by not attempting to cut-off the escape route once the robbers attempted to flee.
Physical access and limitations: According to the authors of the textbook Introduction to Security, building design should be considered as a part of security. The authors state, “The cause of security can be furthered simply by making it more difficult (or to be more accurate-less easy) for criminals to get into the premises being protected. And these premises should then be further protected from criminal attack by denying ready access to interior spaces in the event that exterior barriers are surmounted by a determined intruder.” The authors continue by stating, “Yet few such buildings are ever designed with any thought given to the steps that must eventually be taken to protect them from criminal assault. A building must be many things in order for it to satisfy its occupant. It must be functional and efficient; it must achieve certain aesthetic standards; it must be properly located and accessible to the markets served by the occupant; and it must provide security from interference, interruption, and attack.”
In the incident in question, the perpetrators were able to access a parking lot next to the registration building as there was no type of controlled access for the parking lots. The perpetrators parked within 20 feet of the door to the building where the cash was being held. Once out of their vehicle, there were several small trees that prevented anyone from observing the door. In addition, the door was set back in a recessed area. The building where the registration was being conducted did not have any windows. A combination of these factors made access into and out of the property virtually undetectable.
Equipment: According to the contract, the college was suppose to supply all equipment for the security guard company to use at the college. This included CCTV cameras with a monitoring room. However, the contract did not provide for a security officer to monitor the cameras. Additionally, many of the cameras were not functional.
The investigation revealed that the security company provided the right amount of manpower, training and equipment as required by the contract and industry standards. The actions of the security guards were found to be reasonable and prudent, and may have actually prevented additional injuries. The evaluation of the college revealed that they did not adhere to the contract responsibilities, failed to limit access to the college, did not have adequate lighting, and had landscaping and other building design issues that prevented observation of criminal activities. By the end of the investigation, the security guard company was provided with a capable defense, while at the same time, demonstrating that the real liability rested on the college.
Hiring A PI
Do a quick search on Craig’s List, conduct an Internet search or even open a phone book if you still have one and look for a private investigator. There is a good chance you will find an “investigator” breaking the law. Did you know that hiring an unlicensed investigator also is an offense and can be a felony (Section 1702.388).
The Texas Occupations Code - Section 1702 (commonly called the Private Security Act) is the governing code regulating the private investigation profession. Along with the Private Security Administrative Rules – Chapter 35, they set out the regulations governing private investigators. Like many professions that deal with vast and ever changing technology, privacy issues and an underlying current of covert operations, the laws and regulations continually change. Hiring a licensed PI that is active in their state and national associations adds additional assurances in your hiring process.
Licensing of PI’s has been left up to each state, with the exception of Alabama, Alaska, Colorado, Idaho, Mississippi and South Dakota which do not currently have licensing requirements. In Texas, Section 1702.104(a) spells out an investigation company as:
(a) A person acts as an investigations company for the purposes of this chapter if the person:
(1) engages in the business of obtaining or furnishing, or accepts employment to obtain or furnish, information related to:
(A) crime or wrongs done or threatened against a state or the United States;(B) the identity, habits, business, occupation, knowledge, efficiency, loyalty, movement, location, affiliations, associations, transactions, acts, reputation, or character of a person;(C) the location, disposition, or recovery of lost or stolen property; or(D) the cause or responsibility for a fire, libel, loss, accident, damage, or injury to a person or to property;
(2) engages in the business of securing, or accepts employment to secure, evidence for use before a court, board, officer, or investigating committee;
(3) engages in the business of securing, or accepts employment to secure, the electronic tracking of the location of an individual or motor vehicle other than for criminal justice purposes by or on behalf of a governmental entity; or
(4) engages in the business of protecting, or accepts employment to protect, an individual from bodily harm through the use of a personal protection officer.
(b) For purposes of Subsection (a)(1), obtaining or furnishing information includes information obtained or furnished through the review and analysis of, and the investigation into the content of, computer-based data not available to the public.
Many of these “investigators” either do not know or choose to ignore the licensing requirements. As an attorney this can have a detrimental effect on a case and any potential evidence collected. Rookie investigators are taught that information obtained from the Internet is an unconfirmed source and must be corroborated. While searching the Internet is an accepted method for obtaining various services, it is still caveat emptor when hiring a PI.
According to Section 1702.386, Unauthorized Employment - Offense; (a) A person commits an offense if the person contracts with or employs a person who is required to hold a license, registration, certificate, or commission under this chapter knowing [emphasis added] that the person does not hold the required license, registration, certificate, or commission or who otherwise, at the time of contract or employment, is in violation of this chapter. An offense under Subsection (a) is a Class A misdemeanor.
A quick point of reference for locating a reputable PI is encompassed in their advertisement or website. Section 35.37 requires, “any advertisement by a licensee to include the company name and address as it appears in the records of the board; and the license number of the licensee as issued by the board.” Should this basic information is not plainly outlined in their marketing materials, further documentation should be obtained.
The original licensing board was formed in 1969 when the Texas Legislature created the Texas Board of Private Detectives, Private Investigators, Private Patrolmen, and Private Guard Watchmen (or Private Guards and Managers), to examine, license, and regulate persons working in the field of private security (Senate Bill 164, 61st Legislature, Regular Session, 1969). A revision of the law in 1971 changed the agency's name to Texas Board of Private Investigators and Private Security Agencies (Senate Bill 768, 62nd Legislature, Regular Session, 1971). In 2004 the board became the Texas Private Security Board (www.txdps.state.tx.us/psb) under the Texas Department of Public Safety. As in any due diligence, the board’s website provides a free search to confirm that both the agency and the investigator are licensed. There are documented cases where the opposing counsel was smart enough to ask the simple question; “are you a licensed investigator” when cross-examining the witness.
According to the Cambridge Dictionary, a Professional is “having the qualities that connect you with trained and skilled people, such as effectiveness, skill, organization and seriousness of manner.” The Texas Association of Licensed Investigators (www.TALI.org) was founded in 1971 and provides a platform for investigators to cultivate their skills. With more than 650 members, this is an outstanding source for attorneys who need the help of trained and professional private investigators. Taking this a step even further is the Texas Certified Investigator (TCI) designation (www.TexasCertifiedInvestigator.com) that is similar to a board certified attorney. An investigator with at least five years’ experience as a private investigator can apply for the TALI sponsored TCI program. In addition to the experience requirements, the candidate must pass a written test, oral examination and publish a white paper to further document their level of skill.
While there are some private investigators that are also licensed attorneys, it is imperative that the investigator you hire belong to their state associations. As an attorney, you want someone that keeps up-to-date on such issues as privacy, the Fair Credit Reporting Act, applicable GPS laws, forensic requirement, data recovery techniques, cell phone data recovery regulations, and related issues that keep all parties free from criminal and civil liability. For private investigators, the state association is a very reliable sponsor of in-depth training. In addition to offering training and the TCI designation, TALI has an unlicensed PI committee that helps the Private Security Board identify unlicensed PI’s. TALI also has a legislative committee to provide feedback on bills and laws affecting legal investigations. When hiring a PI, why not take an extra few minutes and confirm you are dealing with a fully qualified professional?
Kelly E. Riddle is the President of Kelmar and Associates Investigations (www.KelmarGlobal.com) as well as the President of the Texas Association of Licensed Investigators (www.TALI.org).
Unmasking The Mystery Of Hidden Assets
The thought of conducting a hidden asset investigation can send shivers up the spine of many a good investigator. The word "hidden," almost conjures up a thought process that the assets can't be found because they were intentionally hidden. Sometimes this is true, while other times the assets are simply not in a convenient place for us to find them. There are a variety of reasons for conducting hidden assets investigations and these types of investigations are great for cross-selling. For instance, if you were hired to check the activities of your client's spouse and you conclude that the person is having an affair, you should suggest to your client that they conduct a hidden asset investigation. This benefits your client by giving them a total picture of their assets and benefits the investigator by providing more work. I have been involved in numerous cases where the hidden asset investigation turned up more than one-million dollars in assets that the spouse did not know about prior to the investigation.
There are a variety of other reasons a client may have you conduct a hidden asset investigation. Most of the time, this is done in an attempt to satisfy a delinquent debt or judgment. Insurance companies conduct hidden asset investigations, called "subrogation" whenever they pay for the damages their insured received due to the other party being uninsured. The insurance company then tries to locate assets to reclaim the money spent to their insured. Businesses may conduct hidden asset investigations before entering into business dealings with another company or person to make sure they are stable. Regardless of the reasons, hidden asset investigations can be a good source of income for an investigator.
During the initial consultation, many clients will often request that the person's credit report be obtained. Obviously, this can't be done legally unless you have their written permission or there are certain other criteria. At this point, you know that the client is trying to determine what the person's financial picture is and I typically advise the client that we can provide a "financial profile." Although we are unable to access their credit report, other records can give you information about the person's financial status. For instance, if you check the District Civil and County Civil records and find that the person has several lawsuits against them for failing to pay debts or failing to pay taxes, you can assume that this is a characteristic of that person. By building on this, you can provide the client with an overall profile of the person's financial responsibility.
Conducting a hidden asset investigation is simply following the basic rules of investigations. You have to start with the known information and work towards the unknown. The investigator should also understand civil laws in their state to ascertain whether or not time and money should be spent investigating other subjects who may be hiding assets for the subject. For instance, is your state considered a community property state? If so, the person probably would not hide assets in the name of their spouse as half of the asset is already theirs by law (assuming they are trying to hide assets during a divorce). Most states have guidelines regarding transferring property into another person's name prior to a bankruptcy, judgment or other related civil action. Normally, if the assets were transferred within six months to a year of the civil action, they are considered part of the civil action. Part of the investigator's job is keeping the client focused and reasonable. It is not uncommon for a client to provide a list of 20-30 people they think could be hiding assets. Obviously, the cost to check each of these people would be enormous and is probably futile. The investigator must therefore encourage the client to provide only those names that are prime candidates for hiding assets and to think of people in the subject's past that they trust. A lot of who the person uses to hide assets depends on the value of the asset and the type of asset. If the asset is a large boat or airplane, they may have the vessel taken out of service for maintenance and an agreement for storage worked out with the mechanic. The person may have a small amount of cash and this is typically given to a confidant to hide for them. Large amounts of cash are placed in off-shore accounts, structured investments and related hiding places.
The investigator should start with known information such as the person's current address, name and social security number. All addresses should be checked through the appraisal district to determine the actual owner of the property. If the subject is found to own the property, the investigator should then check the records to determine if there is a mortgage holder or lien holder listed on the property. Even if there is, a phone call should be make to the institution to make sure that the note hasn't been paid off and the property is free and clear. Remember that the first three numbers of a social security number tells you which state the number originated in and therefore guides you to another geographic area to investigate. I had a case where a bank loaned a subject from Louisiana $750,000 to build a strip-center type mall. The subject never built the mall and hid the money. I tracked the subject's asset trail all over Louisiana and Texas and was unable to locate the money. While combing over the file for that piece of evidence that would open the door, I realized I had skipped the obvious. I checked his social security number and found that it originated in North Carolina. After conducting some quick record checks, I discovered that he still had a mother and brother living in North Carolina and soon located the bank where he had hid more than $500,000.
The person's movements will provide insight into where assets may be hidden. By checking their social security number, driver's license history, determining where they travel and related information, you may soon discover the location most likely used to hide assets. Another useful tool is the good old tool of "dumpster diving." In a recent case, we were hired to check the financial status of a subject that owned a real estate company and a custom home building company. One evening, we gleaned through the trash in his dumpster and found reports detailing all of the houses constructed over the past three years, current construction projects, total expense, total profit, number of properties listed by the real estate company, total revenue generated over the past three years, a list of employees, telephone records and much more. Of course, the investigator should keep in mind trespassing laws. In this case, the dumpster was in an office complex readily accessible.
Public records should be researched for any clues related to assets and should include the following:
1) District Civil records: Check for cases involving divorce, debts, judgments, damages, auto accidents, business disputes and related cases. Even if some of these cases are old, pull the file and research the enclosed information. In many of these cases, the subject has to prove his assets or damages and provides financial related information. In one case, I reviewed an old divorce case and found that the subject raised Arabian horses. Armed with this knowledge and the Internet, I was able to find his web site and determine where his current ranch and stables were located.
2) County Assumed Name records: A check of these records will provide information about any alias names or "doing business as (dba)." If you find a listing for a business, review the actual record to determine what address the subject used and if they listed any partners.
3) County UCC (Financial Statements): If a person obtains a loan and posts any type of collateral, this information is often filed in the county financial statements. If a record is found, pull the actual document to determine what assets were posted. Next, follow up to see if the note was paid off and if the asset if free and clear and still owned by the subject.
4) County Deed Records: These records deal with the purchase and sale of property. However, in most jurisdictions, much more is included in these records. Other information often-included in deed records include gifts, garnishments, power of attorneys, liens, judgments, mineral rights, etc… Even though the record may indicate that the person sold the property, the investigator should take note of who the property was sold to as this may be a friend who is being used to hide the property. The bank involved should also be noted as this may tell you where the person does most of their banking.
5) County Brand Indexes: Most counties require livestock brands to be registered. One case that I worked was successful because I took time to check this index. I found that the subject had a registered brand and I called a local feed store in his area and was able to determine where the subject had his cattle. I drove to the area and found oil wells pumping on the land. I took photographs of the cattle and the oil wells along with all of the related equipment on the land.
6) County Tax Assessor: Check the tax assessor's office to determine any property the subject may be paying taxes on, including automobiles. This doesn't necessarily mean he owns the property simply because he is paying the taxes, but logic would tell you that he has some kind of financial tie to the asset.
7) County Appraisal District: I use this to cross-check the information if the deed records and the tax assessor's records. If property is found, the appraisal district appraises the property's value for taxing. Be sure to check the record to determine if the mailing address for the subject is different than the property address.
8) Local Police Department: Run a "name survey" through the local police department for at least the past year. Ask for a list of every call associated with the person's name. You may discover that police were called to a dispute at a rental house or other location that the subject may have financial ties with.
9) State Comptroller's Office: The records will provide any businesses associated with the subject, mineral and franchise assets, whether the subject is or was a state employee and related information.
10) Secretary of State: The record will provide information related to any businesses associated with the subject.
11) State Parks and Wildlife: A check with their office will provide any boats registered to the subject. Additionally, the records will provide any information related to any hunting or fishing license. The investigator should determine where the person purchased the license as this may reveal a different part of the state where they may have a ranch.
12) Federal Civil and Bankruptcy Records: A review of the records will provide insight into the subject's financial responsibility. If a bankruptcy file is found, review the actual file as information about credit cards, hobbies that produce income and all other debts and assets will be listed. A quick phone call can verify whether the asset still belongs to the subject.
The investigator should recognize that any information obtained through the Internet is an unverified source. It needs to be confirmed and correlated with other information. Also, most of the information on the Internet is not designed to be complete and should therefore be conducted in conjunction with public record sources.
Hidden asset investigations are very complicated and time consuming. However, they are not as complex as we are often lead to believe. The searches outlined herein are only guidelines and many times, the investigator will reveal information through these searches that require additional searches of action to be taken. Good luck and great hunting!
Being Unique In Marketing
By now, everyone knows that if you are going to survive as a private investigator, you have to market. Several questions arise from this including; why is one person’s marketing more successful than others and how do I make my marketing successful?
Each of us has some special attributes that we should center our marketing around. For instance, if the majority of your business is surveillance related, analyze your results. Determine what makes your business different from the next person’s business. Review your surveillance cases and come to some conclusions that you can use in your marketing. Let’s say you worked 100 cases during 2009 and you found that you obtained video of the subject involved in strenuous activity or work related activity in 73 of those cases. When marketing, you can indicate that you reviewed the results of your company’s surveillance cases for 2009 and found that you were successful in obtaining incriminating video in 73% of the cases assigned. This gives the potential client some definitive information in which base their evaluation of your services on rather than just saying something like, “use XYZ investigations, we’re the best at what we don.’
What if your expertise is in the area of hidden assets investigations? Apply the same technique. Analyze your cases for the past year and you will be able to make some informative statements about your services. Examples of this would be, “An evaluation of our hidden asset investigations for the past year revealed we identified more than $5 million worth of assets for our clients that were free of liens or judgments.” Once again, you have given your prospective client some information which they can use to evaluate your effectiveness in that area of investigations.
The same idea holds true for those P.I.’s that specialize in locating missing persons. After reviewing your files, you will be able to make a statement similar to, “an analysis of our skip tracing files for 2009 revealed we were successful in locating 87% of those people were attempted to locate.”
If you really want to do it up right, you can analyze 2-5 years worth of information and then include that in a graph form as well. Remember that most potential clients will not read an entire brochure, whereas they will look briefly at charts and graphs.
After you finish providing the potential client with your information that helps point out why your services are unique, the next logical issue is billing. Once again, it is good to have an idea of what the expenses were for a particular investigation. You can reinforce the previous information by stating something like, “XYZ not only was able to locate 87% of the people we conducted skip trace investigations on, but we were also able to do this for an average of $350 per case.”
This type of marketing approach provides the client with quantitative information in which to evaluate your services. In addition, this helps to reinforce your regular clients by providing them with information that allows them to justify spending money on investigations.
One friend of mine who is an insurance adjuster called me one day and said, “It’s about time to make your rounds again.” I asked what he meant by that and he stated, “I had six different P.I.’s drop by my office today trying to solicit my business.” It was a gentle reminder that if you’re not out there marketing, someone else is. It was also a reminder that if you are one of those six investigators, you had better figure out some way to make yourself stand out and be remember from the rest of the crowd.
It obviously takes time to go back through old case files and evaluate them. However, once you do, you have great marketing material that you can put in your brochures and on your web site. If that task is just too much to overcome, you can always start right now. Everyone has some type of log system for logging in new cases. Develop a master key so that when you close a file, you can write a 1, 2, 3 or whatever out beside the case in the log book. A “1” tells you that you got good video, a “2” indicates that you located someone and so on. You can then periodically go back and tally up the findings.
It also always amazes me when a PI constantly changes their telephone number, email addresses and website domain. Being consistent in this area will allow not only clients but internet search engines to find you easier.
Marketing is one of those things that most people do not like to do. However, if you define you strengths, your area of specializations and you analyze your own effectiveness, you will have the ammunition needed to be successful at the chore of marketing.
Case Examples Of Abuse In Nursing Homes
Through the investigations that I have conducted relating to nursing homes, I have found that many things are the same in each home. The people and their attitudes are the same, their methods of abuse and neglect are the same and their ways of trying to cover it up is the same. However, the following are examples of the things we have found in these investigations and are based on actual cases:
1. In one case, an elderly lady was a resident of a nursing home for almost eight years. She was then moved to another home where she resided for almost two years before she passed away. Our agency was brought into the case because the lady passed away due to malnutrition and severe infections resulting from untreated bed sores. During the investigation, it was discovered that a male resident in the first nursing home had sexually abused our client. After she was moved to the new nursing home, she was handled improperly and was dropped causing her leg to break. The staff put a make-shift splint on the leg and never took her to the hospital. One of the aides stated that she later had to get on to a new aide because she was turning the client too roughly and her broken leg was not being supported when they turned her which caused more agony.
2. In a separate case that we were investigating, we had information come out that indicated a nurse had taken a pillow and suffocated a patient. The death was never investigated and the nurse was terminated two weeks later for being intoxicated on the job.
3. Our agency was asked to look into a nursing home after the client passed away. The reason for death on the death certificate was listed as "malnutrition." We found that the charts reflected the client was getting fed properly and that she was in fact eating very well. After a closer examination of the documents, it was found that the charts showed that she was being fed for four days after she had been admitted to the hospital and for six days after she passed away.
4. On another case, the client died from complications from bed sore infections. Once again, the charts reflected that she was getting bathed, turned and treated regularly. When a closer examination of the charts was made, it was found that the person's who initialed the charts were not even on duty on the days she supposedly received all of these treatments.
5. A client in one case passed away due to malnutrition. The charts reflected that the staff weighed the patient regularly. The charts once again told the truth when it was found that one week she would weigh 90 lbs., and the next she would weight 70 lbs. The numbers kept bouncing around in a dramatic fashion which is typically not possible for the body to endure. Upon further investigation, numerous employee statements documented that they seldom, if ever, actually weighed the patients and simply guessed at the person's weight.
6. In yet another case, a female patient had her husband come into her room occasionally and push the roommate into the hall. The female was very fragile and had several tubes coming out of her body for medical purposes. The husband would then have sexual intercourse with his wife and the staff testified that she could be heard screaming, moaning and crying because of the pain but the staff was told to not intervene.
7. While investigating one nursing home facility, it was learned that the owner of the home was described as an alcoholic who had been shot in the stomach at a bar. His brother was described as a drug addict who was on the payroll but who was never seen. Their sister was the record administrator and was alleged to have had at least three nervous breakdowns.
8. During the investigation of a facility, the employees indicated that the head RN would give other people's medicine to other patients to "knock them out" so she didn't have to put up with them.
9. In the process of checking one facility out, it was determined that they had an aide who regularly spanked and pinched the patients who gave her any trouble.
10. There was a nursing home facility who had several employees who were found to sneak out to their car at night and drink some alcohol before returning back to work.
1. It was discovered in one case, that a male patient was working in the laundry doing the laundry of other patients and of the nursing home.
2. While checking on a client who had passed away due to malnutrition, we found that many of the staff members were eating the food which was suppose to go to the patients.
3. During an investigation into a client who had fell trying to get out of bed and who was suppose to bed ridden, it was determined that the staff moved the call light buttons away from the patients on a regular basis so they wouldn't bother the staff. The patient injured herself trying to make it to the bathroom.
4. While checking into one facility, it was determined that a patient had broken her hip. Upon further investigation, we learned that a staff member "slam dunked" the patient into bed by throwing her out of the wheelchair and into the bed.
5. It came to our attention in several cases that someone other than the licensed nurses and the medication aides were allowed to dispense medicine to patients.
6. While investigating one abuse case, we determined that a nurse had given an aide some medicine to calm her nerves after she came to work upset over a family problem. The aide over-dosed on the medication and had to be rushed to the hospital.
7. In the course of one investigation, it was discovered that the doors on the nursing home were never secured and a patient had recently wondered away from the home and was found a week later dead and laying in the field behind the nursing home.
8. Our agency was asked to check on possible abuse that had occurred at a particular nursing home and we found that the staff often used physical restraints to tie the patients to the bed or wheelchair without a doctor's order simply to keep from dealing with the patient. It was also determined that the restraints were not checked on a regular basis as is required.
As you can see, there are a wide variety of ways in which patients are being abused and neglected while in the care of nursing homes. It seems that in each case we work, we find additional methods that were previously unthinkable. Using our talents as investigators will assist in cleaning up an industry that has failed to police itself.
San Antonio Business Journal
Sometimes, Kelly Riddle has to talk like a doctor. At other times, he tries his best to act like an attorney, or just an everyday employee.
Riddle isn't having an identity crisis. It's all part of his job as a gumshoe.
"You have to know how to blend," says Riddle, owner of private investigation firm Kelmar & Associates Inc. "I can introduce myself as a doctor or attorney, and as long as I can carry the lingo, I'm not compromised. I can be anybody I want to be."
Taking on different identities is a job requirement for investigating, Riddle says, who handles malpractice, insurance fraud cases and more.
But he's quick to note that the work isn't glamorous and that the life of a private investigator is far removed from that depicted on such television shows as "Magnum P.I."
"The majority of shows don't even come close," he says. "They either depict the P.I. as a little slow, a kicked-off-the-police-department type, or they're always in shoot-outs. None of that is correct."
But, Riddle says, while his business may lack glamour, it more than makes up for it in terms of challenge.
Since opening his investigation firm in 1989, Riddle has earned a reputation for integrity and honesty, culminating in being named the Private Investigator of the Year in 2000 by the National Association of Investigative Specialists (NAIS).
Call of dutyLaw has been something Riddle has been attracted to most of his life, he says. He earned a degree in criminal justice from the University of North Alabama in his native state and then served as a police officer for seven years in Florence, Ala.
While involved with law enforcement, he was a member of the SWAT Team, a training officer, emergency medical technician, evidence technician, arson investigator and traffic investigator.
Prior to founding Kelmar, Riddle worked with two other private investigation companies, including a nationwide operation. He also worked in the insurance industry as an adjuster and an investigator.
Riddle, who now lives in San Antonio, founded Kelmar with a friend, Mark Jones, after the insurance investigation firm where Riddle was employed went out of business. They set out to conduct a variety of corporate and general investigations, including workplace and general investigations.
Jones eventually left to become a marriage and family counselor.
Riddle has been designated an expert in physical surveillance and insurance investigations by NAIS, and also is a recognized specialist in nursing home abuse, computer and Internet investigations, and missing persons.
In its first year of business, the company had revenues of $250,000. Today, the company's revenues are in the million-dollar range, Riddle says.
That's not bad considering Riddle never intended to open his own company.
"I started the company out of necessity," he says. "I never wanted to be my own boss."
Nor did Riddle intend to be an author. But that was 10 books ago.
Among his written works are "Private Investigating Made Easy," and "To Serve and Protect: The True Story." Riddle is also at work on his first mystery novel.
"It's been an interesting walk. At first we started investigations in insurance then we started branching out to corporate work, and corporate work has been our mainstay ever since. That's where we make our bread and butter."
They have done investigations for H.E. Butt Grocery Co., Luby's and City Public Service (CPS).
"We're definitely expanding, getting big in security consulting, especially since 9/11."
Now Kelmar has a total of 12 employees, which includes three investigators in Dallas and three in Houston.
"Our mission is to provide excellent service to our clients," says Riddle. "We do this by exposing corruption and giving them the tools to make a decision."
Many of Riddle's investigators are retired police officers.
Finding a nicheRiddle doesn't get so engrossed in his cases that he forgets it's a business.
"To be a successful P.I., you have to treat it like a business. You have to know how to market, know accounting, just like any other business. You also have to find a new niche where you can make good money," he says.
Riddle says Kelmar stands out in the private investigating industry because of its manpower capabilities, which allow it to take on large assignments.
"Kelly is good people and I trust him," says Robert Galloway, head of Galloway Detective Agency. Galloway has done business with Riddle for six years.
"He's an associate and he's always willing to help. I'm glad he's a good friend of mine, I wouldn't want him to be investigating me," Galloway adds.
Riddle's reputation has earned him spots on television shows like "Montel Williams" and "Sally Jesse Raphael."
He believes that his firm's longevity and reputation for quality have put him in the public eye.
"There's a lot of here today, gone tomorrow people in this business," he says. "Here, integrity is upheld."
In addition to conducting investigations, Kelmar offers private investigation classes for individuals interested in joining the industry. The $235 cost includes some on-the-job training with students working alongside a P.I.
The company also sells a number of investigation-oriented products to the general public, including pinhole board cameras, GPS watch locators and night vision eyeware that ranges in price from $49.95 to $2,195.
On the caseRiddle says he enjoys his career because every phone call is something new. He admits that he stays motivated because he's driven to find that one piece of the puzzle that puts everything together.
"I knew that I wanted to have some kind of impact on a community, and I wanted to do some good," he explains. "I figured that by being a tool that is used to expose corruption, you're doing good."
Over his many years in the business, Riddle has worked on some unusual cases. One case he remembers is tracking a man who had three different families living on three different coasts where none of them knew anything about the other families.
Another case he worked was featured on "Montel" and "Real-TV." It involved Riddle investigating an employee suspected of stealing money from a cash register. A hidden video camera was placed in a smoke detector above the register. The employee was observed breaking into and stealing money out of the register.
Riddle says he wants his clients to walk away feeling relieved.
"We want them to be glad they came to us and that we helped them solve their problems," he says.
"They did an excellent job," says Dwight Lieb, owner of La Fogata. Kelmar was hired to investigate a suspected internal theft problem at the local restaurant.
"A client can expect a superior degree of professionalism and genuine concern for your case," Lieb adds. "To them, you're not just another number."
In all the cases Riddle has conducted, he has never been compromised. He credits his success to knowing how to relate to different types of people.
"You have to forget you're investigating and just use your people skills," he says. "If I'm investigating you, you won't know it."
Riddle isn't having an identity crisis. It's all part of his job as a gumshoe.
"You have to know how to blend," says Riddle, owner of private investigation firm Kelmar & Associates Inc. "I can introduce myself as a doctor or attorney, and as long as I can carry the lingo, I'm not compromised. I can be anybody I want to be."
Taking on different identities is a job requirement for investigating, Riddle says, who handles malpractice, insurance fraud cases and more.
But he's quick to note that the work isn't glamorous and that the life of a private investigator is far removed from that depicted on such television shows as "Magnum P.I."
"The majority of shows don't even come close," he says. "They either depict the P.I. as a little slow, a kicked-off-the-police-department type, or they're always in shoot-outs. None of that is correct."
But, Riddle says, while his business may lack glamour, it more than makes up for it in terms of challenge.
Since opening his investigation firm in 1989, Riddle has earned a reputation for integrity and honesty, culminating in being named the Private Investigator of the Year in 2000 by the National Association of Investigative Specialists (NAIS).
Call of dutyLaw has been something Riddle has been attracted to most of his life, he says. He earned a degree in criminal justice from the University of North Alabama in his native state and then served as a police officer for seven years in Florence, Ala.
While involved with law enforcement, he was a member of the SWAT Team, a training officer, emergency medical technician, evidence technician, arson investigator and traffic investigator.
Prior to founding Kelmar, Riddle worked with two other private investigation companies, including a nationwide operation. He also worked in the insurance industry as an adjuster and an investigator.
Riddle, who now lives in San Antonio, founded Kelmar with a friend, Mark Jones, after the insurance investigation firm where Riddle was employed went out of business. They set out to conduct a variety of corporate and general investigations, including workplace and general investigations.
Jones eventually left to become a marriage and family counselor.
Riddle has been designated an expert in physical surveillance and insurance investigations by NAIS, and also is a recognized specialist in nursing home abuse, computer and Internet investigations, and missing persons.
In its first year of business, the company had revenues of $250,000. Today, the company's revenues are in the million-dollar range, Riddle says.
That's not bad considering Riddle never intended to open his own company.
"I started the company out of necessity," he says. "I never wanted to be my own boss."
Nor did Riddle intend to be an author. But that was 10 books ago.
Among his written works are "Private Investigating Made Easy," and "To Serve and Protect: The True Story." Riddle is also at work on his first mystery novel.
"It's been an interesting walk. At first we started investigations in insurance then we started branching out to corporate work, and corporate work has been our mainstay ever since. That's where we make our bread and butter."
They have done investigations for H.E. Butt Grocery Co., Luby's and City Public Service (CPS).
"We're definitely expanding, getting big in security consulting, especially since 9/11."
Now Kelmar has a total of 12 employees, which includes three investigators in Dallas and three in Houston.
"Our mission is to provide excellent service to our clients," says Riddle. "We do this by exposing corruption and giving them the tools to make a decision."
Many of Riddle's investigators are retired police officers.
Finding a nicheRiddle doesn't get so engrossed in his cases that he forgets it's a business.
"To be a successful P.I., you have to treat it like a business. You have to know how to market, know accounting, just like any other business. You also have to find a new niche where you can make good money," he says.
Riddle says Kelmar stands out in the private investigating industry because of its manpower capabilities, which allow it to take on large assignments.
"Kelly is good people and I trust him," says Robert Galloway, head of Galloway Detective Agency. Galloway has done business with Riddle for six years.
"He's an associate and he's always willing to help. I'm glad he's a good friend of mine, I wouldn't want him to be investigating me," Galloway adds.
Riddle's reputation has earned him spots on television shows like "Montel Williams" and "Sally Jesse Raphael."
He believes that his firm's longevity and reputation for quality have put him in the public eye.
"There's a lot of here today, gone tomorrow people in this business," he says. "Here, integrity is upheld."
In addition to conducting investigations, Kelmar offers private investigation classes for individuals interested in joining the industry. The $235 cost includes some on-the-job training with students working alongside a P.I.
The company also sells a number of investigation-oriented products to the general public, including pinhole board cameras, GPS watch locators and night vision eyeware that ranges in price from $49.95 to $2,195.
On the caseRiddle says he enjoys his career because every phone call is something new. He admits that he stays motivated because he's driven to find that one piece of the puzzle that puts everything together.
"I knew that I wanted to have some kind of impact on a community, and I wanted to do some good," he explains. "I figured that by being a tool that is used to expose corruption, you're doing good."
Over his many years in the business, Riddle has worked on some unusual cases. One case he remembers is tracking a man who had three different families living on three different coasts where none of them knew anything about the other families.
Another case he worked was featured on "Montel" and "Real-TV." It involved Riddle investigating an employee suspected of stealing money from a cash register. A hidden video camera was placed in a smoke detector above the register. The employee was observed breaking into and stealing money out of the register.
Riddle says he wants his clients to walk away feeling relieved.
"We want them to be glad they came to us and that we helped them solve their problems," he says.
"They did an excellent job," says Dwight Lieb, owner of La Fogata. Kelmar was hired to investigate a suspected internal theft problem at the local restaurant.
"A client can expect a superior degree of professionalism and genuine concern for your case," Lieb adds. "To them, you're not just another number."
In all the cases Riddle has conducted, he has never been compromised. He credits his success to knowing how to relate to different types of people.
"You have to forget you're investigating and just use your people skills," he says. "If I'm investigating you, you won't know it."
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