Dedicated to
Our lives together as best friends, soulmates and business partners
…our daughters, Jeberly and Winter and their families
…our grandchildren and future investigators Jacee, Gage and Cash
(when they say things happen in ‘threes’, we had no idea!)
…our friends and colleagues who all welcomed me with friendship
“Together We’re Better!”
Professional Investigations:
Individual Locate, Background and Assets & Liabilities Investigations
January 2012 for ebook distribution
Smashwords Edition
Copyrighted 2002-2012
Dean A. Beers, CLI, CCDI and Karen S. Beers, BSW, CCDI
Associates in Forensic Investigations, LLC
All Rights Reserved. No parts of this book may be used or reproduced, in any manner whatsoever, without written permission; except in the case of brief quotations embodied in critical articles or reviews.
For information, email Associates@Forensic-Investigators.com
Published and Distributed in electronic format by Smashwords.com
United States of America – 2012
Professional Investigations:
Individual Locates, Backgrounds and Assets & Locates
Dean A. Beers, CLI, CCDI and Karen S. Beers, BSW, CCDI
ASSOCIATES IN FORENSIC INVESTIGATIONS, LLC
Professional Investigators since 1987
Authors’ Disclaimer
This book is for professional guidance and informational purposes only. Laws regarding licensing and application of the principles presented within are the responsibility of the reader, as is any reliance of the information presented or obtained from any investigative resource.
The section “Recommended Resources” is not an endorsement, nor is they the only resources. Responsible use of these, and any, resources and the information provided is the responsibility of the user and, as professionals; we have an ethical obligation to protect our future use of these resources.
Every effort has been made to ensure the accuracy of the information presented. Because laws vary from jurisdiction to jurisdiction, and do change with legislative enactments, it is the responsibility of the reader to verify permissible purposes.
The author makes no warranties, guarantees or promises that the contents of this book can be universally used within every jurisdiction or for every case, and likewise makes no warranties, guarantees or promises of an individual’s success based upon the information presented. Purchase, acceptance and use of this book constitute the acceptance of the responsibility inherent with the ethics of our profession and is a single-user license of the book. This book and its contents may not be copied or distributed without the written permission of the author.
About the authors
Dean A. Beers, CLI, CCDI and Karen S. Beers, BSW, CCDI
Dean began his investigative career in 1987. He is a Certified Legal Investigator (CLI) and Certified Criminal Defense Investigator (CCDI), and expert in criminal defense homicide and civil equivocal death investigations. He is certified in Medicolegal Death Investigations and served as a forensic autopsy assistant. He has lectured extensively and authored multiple articles, peer-reviewed white papers, and provided expert testimony on Protocols of Private Investigation, and Forensic Investigation of Injury Pattern Analysis. He authored Professional Locate Investigations and recently completed Practical Methods for Legal Investigations: Concepts and Protocols in Civil and Criminal Cases, released by CRC Press in February 2011. With Karen he co-developed 'Death Investigation for Private Investigators' online continuing education for 14 states.
Karen began learning and working the investigative profession in 1996. She earned her Bachelor's in Social Work (BSW) from Colorado State University (Magna Cum Laude). She is also a Certified Criminal Defense Investigator (CCDI); they are one of three husband & wife team CCDIs. Karen is also certified in Medicolegal Death Investigations. Her background, education and experience with victim advocacy and counseling are valuable assets in working with families and victims of traumatic events. Her death investigation training and experience, together with her social work and general investigative skills and experience, are an asset to the medicolegal and criminal defense investigative processes.
INTRODUCTION
This book is a revision of my first book, self-published, entitled ‘Professional Locate Investigations’. That book started out as a ‘Skip Trace Seminar on CD’ that I made available only to licensed or registered professional private investigators. It was my ‘going away gift’ to this profession that raised a family. I was retiring from the private sector and working at a coroner/medical examiner office as a deputy coroner and medicolegal death investigator.
There are three significant differences between the first book and this book (other than no hardcopy will be printed):
There are no specific resources or data services provided – they change often and all have different pros and cons;
No specific laws or regulations are provided – again, they change often and each investigator and reader of this book is solely responsible for that knowledge; and
I have included a section of templates that is also linked to a site from which you can download those temp
I returned to the private sector in 2008, and with my wife we exclusively provide Expert Consultations and Legal Investigations of Personal Injury, Negligence and Death in Civil, Criminal and Probate litigation. We provide full civil and criminal investigations, critical case analysis and related consultation and investigation services.
Upon returning to the private sector, it was time to renew old friendships and relationships, as well as begin new ones. I think Karen and I have accomplished this as our work comes from all over the country, from colleagues, attorneys, and families. Our work is primarily with other investigators; ‘Together We’re Better’ is our motto for our business and this profession.
In February 2011 my second book, 'Practical Methods for Legal Investigations: Concepts and Protocols in Civil and Criminal Cases' was published by CRC Press (www.PracticalMethodsForLegalInvestigations.com). That was quite an experience and I am looking forward to a second book, co-authored with Karen, and the revision of that book as many ideas have flowed in just one year. Karen and I have co-developed an online continuing education course, 'Death Investigations for Private Investigators' (www.MedicolegalDeathInvestigations.com) for our friends at PIEducation.com. We have another course in development and have partnered with two online distance-learning programs. This will help our colleagues continue to be their best in this profession. First is 'Become A Private Investigator' (http://pitraining.forensic-investigators.com) and the second is at S2 Safety & Intelligence Institute for law enforcement, private sector, public safety and security personnel continuing education (http://s2institute.forensic-investigators.com).
This book is a primer of the basics of many investigations. If you think outside the box, will be a guide for many other types of investigations. Education and training are important, and often a requirement for both private and public sector licenses and certifications. More important, it should be a self-requirement that benefits both you and your clients. If you are interested in onsite death investigation and injury causation seminars, please contact us and visit www.PrivateInvestigations.org for updated details.
Over the past nearly 25 years I have often been asked how I got started in his business and the experience I had. That is a popular question of every investigator. The simple answer is none. I did dabble a bit while in junior high and high school (my first resources were a cross reference directory and the telephone), but I had no real experience, background or schooling. It was often assumed, and asked, if I have had any law enforcement experience – the answer is no. You have picked up this book (or more accurately, downloaded it) and that is your first step to success!
My experience as a business owner was the same – none. The truth is I jumped right in to it, with only my determination and natural talent to work with. I do owe a great deal of thanks to family and friends, who all knew I would succeed and excel, but especially my wife, who “forced” me to become a “PI” and pursue my talents, not just a “Process Server”. That was when we met in 1991 and I started my agency in October of 1987.
Why did I choose to become a PI? The truth is I was tired of my job at a local grocery store and I wanted a professional career. I literally opened the yellow pages up to find a new career and I stopped at the “D”s when I saw “Detectives”. I called the four agencies that were listed at the time and was interviewed by one, but not hired. When that happened, I decided I would just start my own agency. I got some friendly advice from an attorney and did some legal research, printed some brochures on an old word processor and visited every law office in town. The irony is that there is no longer a “Detectives” listing in the book, just “Investigators” – who knows what I would have found before the “I”s! There is only of the original four investigators left, but many new ones come and go every year. Since I had already been conducting skip traces for friends and family, and as I added new clients, the skills were already there. I have, of course developed quite a few tricks in locating individuals, especially the more difficult subjects.
My goal for this book, and all Karen and I do with our articles, books, courses and social networking, is to do what was not done for me when I started – sharing useful and valuable information that will benefit you as a professional. I have not included directories of every agency, records clerk or database, or even a bunch of forms. I do not think it is worth repeating what others before me have done so well with; or, include the forms and charts that you can easily find in other reference books or a quick search on the Internet.
As you will learn, or may already know, investigations are ever evolving and changing. There are various specialties and sub-specialties. For example, one of the sub-specialties is Internet Profiling and Email Tracing. This specialty and skip tracing are almost interchangeable – they can help each other, yet they are separate. There are qualified investigators that can offer an excellent working knowledge of this and other areas that I cannot cover in this book.
WHAT YOU WILL LEARN
As with any skill, learning to skip-trace is an everyday experience. There are changes every day – statutes, resources, and scenarios – there is always something different and always something to learn.
As of 2006 I had conducted over 1,000 locate investigations (95% success rate), served over 25,000 legal pleadings (85% success rate) and hundreds of background and liability/asset investigations – all using the various refined skills and techniques I present in this book. It many ways investigations are going backwards – the old-fashioned pavement pounding is what is working best again.
I cannot possibly teach you everything I know, we all forget more than we remember, and I certainly cannot possibly teach you everything there is to know. I guarantee that you will learn enough new skills and techniques to increase your success and profits (Bonus Articles), and even lower your cost-per-case. What I will show you are:
New skills in locate and background resources
New skills in locating records from those resources
New skills in locating information from those records
New skills in conducting locate investigations, and background checks &investigations
I am not familiar with the statutes or regulations of all 50 states, or your specific locale. I am familiar with what is not acceptable or legal in a general sense and have included applicable information from the Fair Credit Reporting Act [FCRA], Fair Debt Collection Practices Act [FDCPA], Individual Reference Services Group [IRSG], and Common Permitted Uses. You will not learn anything that I will not do myself or that will jeopardize you, our profession or your client. Everything here is or has been used by me – but you must check your state statutes and any regulations that oversee our profession and these activities.
Finally, if you are worried about the very target I am teaching how to find becoming familiar with these techniques – trust me, they already are and you are reading this book to try to get one-step ahead of them. As my wife would describe me working a case – I was like a bulldog and would not let go until my subject was located. I was always looking for ways to outsmart them (some are in the ‘Scenarios’ presented in this book). You must be smarter and wiser, and think as they do. I am a strong advocate for protecting the common person. Investigations are different now from every decade since Al Pinkerton and Sherlock Holmes – but they were innovative, intelligent and determined. You need to be the same.
Best wishes and happy hunting…let us begin.
Fraternally,
Dean A. Beers, CLI, CCDI / Expert Consultant and Karen S. Beers, BSW, CCDI
Board Certified Legal Investigator
Board Certified Criminal Defense Investigators
Certified in Medicolegal Death Investigations
TABLE OF CONTENTS
Please note that there are no page numbers to this ebook. This is due to the multiple ebook formats and distribution. The Knowledge Test is at the end and can be downloaded from http://www.forensic-investigators.com/professional-locate-investigations.html
Also, bookmark http://bookresources.forensic-investigators.com for updated tips and resources.
INTRODUCTION
WHAT YOU WILL LEARN
PROFESSIONAL ASSOCIATIONS
Ethical Considerations for the Professional Investigator
The Quint-Essential Qualities of a Professional Investigator
BEFORE GETTING STARTED
GETTING STARTED
SKIP TRACING
Pretexting – Words of Caution
AN INVESTIGATIVE PROTOCOL
PREPARE
INQUIRE
ANALYZE
DOCUMENT
REPORT
THE PAPER TRAIL
PUBLIC RECORDS
EXAMPLES OF WHAT CAN BE FOUND IN PUBLIC RECORDS
Your Digital Identity
INVESTIGATIVE TIPS AND TECHNIQUES
NAME
BIRTH DATE
SOCIAL SECURITY NUMBER (SSN)
LAST ADDRESS/ADDRESS
TELEPHONE NUMBER
RESIDENTS AND NEIGHBORS
ZIP +4
EMPLOYER
CREDIT BUREAUS
TRAPLINES
CALLING CARDS
DELIVERY NOTICES AND DELIVERY POSTCARDS
INVESTIGATIVE TELEPHONICS AND TRAPLINES
DELIVERY NOTICES AND DELIVERY POSTCARDS
CELL PHONES
VOICEMAIL, TEXT MESSAGES, EMAIL, PAGERS, AND WEBPAGES
CALLING CARDS
COMBINING THESE RESOURCES
Postal Change of Address Requests PO Boxes and Mail Drops
Request for Change of Address or PO Box Address (form)
PO Box Lockdown (sample letter)
SKIP-TRACING DEPARTMENTS
GUARANTEE YOUR LOCATE INVESTIGATIONS
(But Not Backgrounds or Assets & Liabilities)
LOCATE INVESTIGATION GUARANTEE (sample)
Records Checks vs. Investigations
CONCEPTS OF COMPREHENSIVE BACKGROUND INVESTIGATIONS
Conducting Comprehensive Background Investigations
An Investigative Primer to Assets and Liabilities
Where to Look and What to Look For
The Paper Trail and Document Discovery
Putting It All Together
Additional Considerations
Introduction to Fact Finding Investigations and Reporting
INVESTIGATIVE REPORTS
Sample Report: Individual Locate Investigation or Due Diligence
Sample Report: Assets and Liabilities Records Check or Investigation
Sample Report: Individual Background Records Check or Investigation Civil and/or Criminal
CALCULATING YOUR FEES AND ACTUAL COSTS
KEEPING COSTS DOWN AND INCREASING PROFITS
Mobile “Branch Office”
RESOURCES & DATABASES
COMMONLY USED WORDS AND DEFINITIONS
GENERAL
INFORMATION AND RECORDS
SEARCH TERMS
TELEPHONE
CREDIT BUREAU AND COLLECTIONS
CALLING CARDS AND TRAPLINES
Applicable Legal Information
Fair Credit Reporting Act
Fair Debt Collection Practices Act
IRSG Principles
Common Permitted Purposes for Records and Databases
SCENARIOS
SCENARIO 1 (Only Phones and Public Records)
SCENARIO 2 and 3 (Wrong Client Information and Delivery Notices)
SCENARIO 4 (Prison and Change of Address Records)
SCENARIO 5 (Driving Records)
SCENARIO 6 (Voter and Marriage License Records)
SCENARIO 7 (Criminal Record and College Registrations)
SCENARIO 8 (Partial Address)
SCENARIO 9 (Delivery Notice)
SCENARIO 10 (Databases Only – Foster Home)
SCENARIO 11 (Public Record Errors and Traffic Ticket Comments)
SCENARIO 12 (Traplines)
SCENARIO 13 (Skip-Trace Departments)
SCENARIOS A- C
QUICK REFERENCE GUIDE
ONLINE REFERENCES FROM THIS BOOK
RECOMMENDED BOOKS
EDUCATIONAL AND PROFESSIONAL RESOURCES
Distance Learning for Law Enforcement, PIs and Security
PROFESSIONAL ASSOCIATIONS
In addition to being professional investigators, we are also ambassadors of our agencies and profession. By joining your state association, as well as any other state, national and international associations pertinent to investigations and your specialties, you become an ambassador of those associations. In addition, at both the state and national level our profession faces chronic attacks on our ability to perform the tasks required of us by our clients. I urge you to join a national association that represents our profession in front of Congress and our governments. Be involved. The following are associations that we belong, beyond the state associations. This is not a comprehensive list, but is based upon our own needs and experience. Of course we hope that you join us. We are happy to answer any questions about any of these associations and our involvement. Check with your colleagues about how you can be part of the solution. Being part, and active, in these associations will better yourselves, as well as our profession.
“Together We’re Better!”
World Association of Detectives
The World Association of Detectives was founded in 1925. In 1950, the World Secret Service Association, Inc. was formed as a joint venture by the combined membership of the International Secret Service Association (founded in 1921) and the World Association of Detectives. At our annual conference in August 1966 in San Antonio, Texas, USA, our present name was unanimously approved by amendment, reverting to the name of “World Association of Detectives.”
National Council of Investigation and Security Services
The National Council of Investigation and Security Services, Inc., is a cooperative effort of those companies and associations responsible for providing private security and investigation services to the legal profession, business community, government and the public. Each day we find an increasing number of problems confronting the orderly growth of our profession. These problems include, among others: overly restrictive legislation regarding training and standards, proliferation of legislation requiring local licensing, public misunderstanding and misinformation on the role and contribution of private investigators and security services, and an uninformed media. It is the role of NCISS to meet and solve these problems while seeking to uncover and recommend action on any hidden potential problems which may have an effect on our profession.
National Association of Legal Investigators
NALI was formed in 1967 for legal investigators actively engaged in negligence investigations for the plaintiff and/or criminal defense. These investigators may be employed by law firms, public defenders or private investigative agencies. NALI developed the coveted Certified Legal Investigator program, of which there are less than 100 CLIs worldwide.
National Defender Investigators Association
The National Defender Investigator Association (NDIA) is the only national organization to represent a constituency dedicated solely to the investigative arm of indigent defense.
Criminal Defense Investigation Training Council
The Criminal Defense Investigation Training Council was established to encourage a dialogue among professionals and scholars involved in various aspects of criminal defense investigation. The Council exists as an open forum in which investigative philosophy, methodology, education, and principles of ethical inquiry can be considered via academic training programs, discussions, debate, and writings. The Council is actively pursuing the goals of professional competence and academic excellence via the Board Certified Criminal Defense Investigator program and the Training Accreditation Program. The Council encourages professionals actively engaged in the discipline of Criminal Defense Investigation to join the Council and pursue the designation of Board Certified Criminal Defense Investigator.
Other Associations
In addition to these associations, other memberships specific to our specialties include: National Association of Medical Examiners (www.theNAME.org), International Association for Identification (www.theIAI.org) and Mensa USA (www.Mensa.us). We also belong to the Professional Private Investigators Association of Colorado (www.PPIAC.org), Florida Association of Licensed Investigators (www.FALI.org), Texas Association of Licensed Investigators (www.TALI.org) and the National Association of Professional Women (www.NAPW.com).
Ethical Considerations
for the Professional Investigator
None of the information presented below or in this book is to be construed as legal advice. It is every professional investigator’s responsibility to research, know and abide by all statutes, codes, laws, policies, rules and professional ethics. Please consult an experienced attorney for any legal advice.
First – it is very important to keep in mind that although a source (i.e. credit bureau) may be legal in your use – the method, premise or pretext may not be. This, as a result, can nullify your case in court and cause a great deal of legal problems for you, your client and parties to the action.
Second – You will not learn anything that I will did not do myself or that will jeopardize you, our profession or your client. Everything here is or has been used by me – but please check your state statutes and any regulations that oversee our profession and these activities. The law changes daily!
Third – there are private industry groups that oversee the resources and databases used and recommended. These groups require adherence to the law and their regulations, which can sometimes be more restricting.
Finally – nothing speaks louder, or can have more consequences, than actions. Analyze your client, the case, subject and your entire investigation from all of these perspectives, and the courts. It will may you both successful and responsible.
The actions you take in your actions must be legal. Your actions must also be justified, including necessity and costs, and without bias to any person.
We have a responsibility to our businesses, professions, clients, and even the subjects, to use self-regulating rules that go beyond the requirements of the law. Ethics are so important to our profession that this revision has this complete chapter, not just the above important considerations.
Keep one unwritten rule in mind – be sure of your client and the purpose – do not jeopardize any parties to the investigation, even the subject, to harm; or exceed your legal authority and permitted purposes. These last two items alone are the primary causes of the restrictions the investigative profession continues to face daily.
As professional investigators, ethics are our moral compass. Ethics may originate in licensing statute, association code of ethics and professional ethics by way of our client, such as acting as an attorney’s agent and falling under the Rules of Professional Conduct [RPC] – which may be entitled differently by state. Most state bar associations have adopted and modeled their PRC after those of the American Bar Association [ABA]. Legal investigators universally subscribe to those outlined in ‘Code of Professional Conduct’ by Kitty Hailey, CLI. Even in states without licensing there are ethics – either by membership in an association, which is selective, or as acting as an agent for an attorney. That is, unless you follow the reasoning of a District Court Judge in Colorado. In a recent ruling, he determined that private investigators have no ethics requirements because there is no licensing. Specifically, concerning private investigators and ethics in Colorado, “… there is no ethical code that can be established …” or enforced by the court. This will be cured with a new voluntary licensing law was signed June 2011 and is effective July 2012.
There are many issues of ethics for investigators – from those promulgated by each of our own state associations, other professional associations we may belong to, and those specific to the investigator-attorney relationship. Much of our investigative work involves an attorney relationship, or similar, in civil and criminal cases. Common ethical issues that arise include: using a ruse and false identities, personal or other inappropriate contact with a represented opposing party, surreptitiously recording conversations, entering onto private property or other prohibited area, and even extending any contact (lawful or not) with a party into a relationship (i.e. business, social or personal) that is beyond the scope of the assignment. Consideration in many states, and with the RPC, is dependent on if the investigator was retained by an attorney, if the parties are represented by an attorney, or if the party retains the investigator directly.
Working for the attorney creates a relationship in which the investigator is the agent of the attorney (American Bar Association RPC Rule 5.3 referring to Rule 4.2). This relationship requires that the investigator follow the same rules (ethics, procedures and evidence) as the attorney. Working directly for a private party is generally not applicable – but consider how your work product will be used.
In the course of investigations, as an example a witness interview, it is generally unethical to give a leading or misleading statement as it may produce a response that would not otherwise be the normal words of the subject. Although ruses and pretexts are a form of obtaining information, it is incumbent upon the investigator to use them with caution and at the direction of the representing attorney. If the welfare or safety of children is of concern, the safety of the children is an exigent and overriding consideration. An invasion of privacy occurs when a person encroaches upon the place of solitude or seclusion, and such encroachment is highly offensive to the reasonable person. This includes using deceit or trickery. This may or may not be physical trespassing. This may occur by phone, email, fax and email – any form of communication or interaction.
Colorado is one of many one-party consent states for surreptitious recordings of communication. Only 12 states are two-party consent states (California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington – (1)). The rules of ethics do not bar an investigator, retained directly by a private party and not falling under the direction of an attorney, from using deception and trickery in such communication and surreptitiously recording the same. That is not to endorse the activity, only that it is not otherwise verboten. However, a ruse and the recording while employing deception and trickery to elicit statements that the subject may not otherwise make in a private conversation remains a gray area.
Per the ABA, and many state bar associations RPC, an attorney and therefore any agent, shall not … communicate or cause another to communicate on the subject of the representation with a party he know[s] to be represented by a lawyer in that matter unless he has the prior consent of the lawyer representing such other party or is authorized by law to do so.” Attorneys and their agents, including private investigators, cannot contact represented parties. It should be noted that an employee of a business entity is not a party to the action and can be contacted.
Also pursuant to many state bar associations RPC, attorneys may not electronically record a conversation with another party without first informing that party that the conversation is being recorded. It was concluded that, although the recording of a telephone conversation by a party thereto did not per se violate the law, attorneys were held to a higher standard. It has been reasoned that the secret recording of conversations offended most persons' concept of honor and fair play. Therefore, attorneys should not electronically record a conversation with another party, without first informing that party that the conversation was being recorded. An attorney may advise the client that state law (if permitted) and federal law permit the client to electronically record conversations without first informing the other parties involved, where the equities of the situation merit such advice. It is also important to note that federal law has permitted the individual states to enact privacy legislation that may be more restrictive; hence states that do require the consent of both parties. An attorney, however, may not circumvent his or her ethical obligations by requesting that clients secretly record conversations to which the attorney is a party. Under these circumstances, the attorney would be ethically required to advise the other parties of the electronic recording, in advance. An attorney may not solicit the aid of his or her clients to undertake an action that the attorney is ethically prohibited from undertaking.
Because surreptitious recording of conversations or statements by an attorney may involve an element of trickery or deceit, it is generally improper for an attorney to engage in surreptitious recording even if the recording is legal under state law. For the same reason, a lawyer generally may not direct or even authorize an agent to surreptitiously record conversations, and may not use the ‘fruit’ of such improper recordings. In Colorado there are two exceptions: 1. Criminal defense cases in which exculpatory evidence is expected to be obtained and which may not otherwise be obtained; and 2. The attorney’s private conversations.
Pretexting is simply the means that an investigator may use by representing himself in such a way that the subject makes admissions or statements and that the subject would not otherwise have uttered, or providing evidence that the investigator would not otherwise have obtained. This includes the use of an investigator undercover, such as an agent for a business or company. Acting as an agent, including undercover, for the government presents a different set of rules and considerations – including Constitutional rights. The ABA RPC provides certain exceptions for investigative procedures for criminal cases. Generally, there are no exceptions in civil cases (see below). It is often that a criminal case will also result in a civil action for damages. An example would be bootlegging, or the illegal copying and distribution of software or movies, and similar trademark and copyright infringement. Other examples include workplace theft, sexual harassment and theft of intellectual property. All of these may use pretexts to obtain information and intelligence of a person’s wrongdoing and does not violate the ABA RPC. Using a pretext for the purposes of obtaining basic information about alleged wrongful, or criminal, acts is not a violation of the rules. Similarly, it has been viewed that similar pretexting may be used in civil matters – such as workplace hiring or housing discrimination.
‘Secret Shoppers’ has also been a long held acceptable practice and does not constitute any material representation on the part of the investigator or the facts. In consideration of all pretexts is any undue influence of the actions – from using false identities to false information – which may materially mislead the subject and cause the utterance of statements or other actions that would not otherwise occur. This is simply the investigator going beyond the action of posing as a consumer, co-worker, employee or other position.
As private investigators may work primarily in, or find themselves often involved in, civil and criminal cases in which there is an attorney-investigator relationship, there are some important considerations. We have covered, in generalities, which the investigator cannot record a conversation without disclosure, and the investigator cannot use deceit or trickery to obtain a statement that the subject would not have otherwise provided. In criminal cases there are exceptions. It may come as a surprise to some, hopefully not, but investigators cannot break the law – they cannot commit criminal acts and can also be held civilly responsible for inappropriate actions. The days of using lock picks to enter a residence or office, such as seen on television, are long gone – and were never legal.
To my clients and colleagues, and in this chapter, are the “Quint-Essential Qualities of a Professional Investigator”. They are simple and add strength to our ethical and professional considerations. One of them states, “Responsible and Ethical Conduct: Every component of the investigation has evidentiary considerations. Professional Investigators hold themselves to a higher standard and leaves no question as to the admissibility of their evidence. Information without ethics is not evidence.” is one of these.
The duty of the professional private investigator is to hold themselves to a higher standard, conduct all assignments legally and ethically, and to assure that the fruits of their work are without any associated flaws that could find both their reputation and work product tainted. It is not just the reputation and work product of the investigator that becomes questioned, but that of the client and particularly the attorney-client. It is incumbent upon the investigator to know the client, the case, and the Rules of Professional Conduct, as well as any applicable association ethics rules, and the Rules of Evidence. If you are not sure – ask before you act, keeping in mind that not all attorneys know the law and some may not be current on ethics as it relates to your actions. We are professionals – not slimy peeping toms, as one state representative in Colorado recently referred to private investigators.
The Quint-Essential Qualities of a Professional Investigator
1. Skills Appropriate for the Assignment
Law firms and medical offices specialize - Professional Investigators also specialize. The casework and continuing education should also be in their specialized areas.
2.
Experience and Knowledge
Professional Investigators strive to maintain and further these. All professions have requirements of continuing education. The CLI, CCDI and similar certification programs each require extensive compliance with continuing education.
3.
Responsible and Ethical Conduct
Every component of the investigation has evidentiary considerations. Professional Investigators hold themselves to a higher standard and leaves no question as to the admissibility of their evidence. Information without ethics is not evidence.
4.
Effective Communication
Professional Investigators maintain communication with the attorney, client, witnesses, and other key persons in the investigation. Moreover, reports are the product of an organized investigation and should reflect the work product the client requires and expects.
5.
Keyword - 'Professional'
Honesty, Integrity & Intelligence. These define Professional Investigators and give the client the confidence that their case is in competent and skilled hands.
Printed, in part, in ‘The Texas Investigator’ of the Texas Association of Licensed Investigators, October 2010.
This chapter is adapted from the earlier version of this book, ‘Professional Locate Investigations’ 2002-2006, and ‘Practical Methods for Legal Investigators: Concepts and Protocols in Civil and Criminal Cases’, CRC Press 2011.
BEFORE GETTING STARTED
This book is entitled ‘Professional Locate and Background Checks & Investigations’ for two reasons: 1) If you can conduct a locate investigation, the background investigation will be a natural extension; and 2) I have expanded the chapter on Background Investigations. Please consider all of the tips and advice that focuses on locating an individual, and apply that to the background investigation. You know where your subject is, you just need to determine where they have resided and conduct a thorough records check and verification for those jurisdictions. Instead of find a current address, which you have, you are finding historical addresses. The chapter on Background Investigations will cover the various records and methodologies specific to these assignments.
Excluding witnesses, information comes from only two different sources, public and private records. How this information is disseminated and later retrieved is what usually the area of confusion and disillusionment becomes. Public records are simply records that are collected, maintained and provided by various agencies for public use and knowledge. Private records are those that are maintained by individuals, businesses and agencies. These are generally not meant for public view or use, and if so, only on a limited basis.
Examples of public records are your property records and driver's license. Private records would be your credit history and job application. Everything is a record and creates the paper trail, or map, you will follow to your subject. How that record is maintained, stored and possibly disseminated, varies and influences the accuracy of the information. Any record that is kept or provided is only as good as the chain of events involved. Remember: Garbage In Is Garbage Out.
At the beginning is the person that provides the information. If they lie or fail to provide accurate information, then the information you have received is also inaccurate. Have you ever fibbed just a little on your credit or job application? The next link is the person recording the information. Any typos, misprints or other related mistakes also affect your record. We have all seen these mistakes on our credit histories. Following this would be the method of updating and record storage. Your record is only as accurate as the frequency of updates. Some records are never updated. How often have you called a number in the telephone book, or online, to find it disconnected? If the number (or address) is in the book, or online, it should be current, right – is the book or online resource even current? Finally, what about the provider of the information? Is the provider primary (the original record holder), secondary (bought the information from a primary record holder) or is the provider even more removed from the original record holder, such as an information broker? The telephone book is a secondary repository of information. Traditional "Directory Assistance" is a primary repository and distributor. (at least until recently, when many companies got into the Directory Assistance business. Many still link directly to the RBOC (Regional Bell Operating Companies); others have resorted to CDs and other cheaper and less accurate sources). Last would be the retriever of the record. Did they have accurate retrieval information and were they knowledgeable in how to obtain and verify the information?
Anybody can find information and present it to you, but can you rely on it (see my sales representative example, above)? Any error in this chain of record keeping will affect your ability to search the records, as well as the accuracy of the record and ultimately your investigation and findings. I do not recommend using information brokers – today’s resources have all but eliminated the need and associated high costs. Learning these resources and skills yourself is necessary.
What about databases – did I use them? Absolutely – but not exclusively. If done properly they can save time and money. I primarily did difficult child support and civil debtor locates, so databases usually had outdated data – but they had information, which turns into leads and leads will eventually become results.
First, use the obvious – directory assistance, change of address (tips), vehicles, anything most people have. From this point, I proceed to using databases of both public and private records. First use whatever is free or paid for (flat rate databases are the best) and work from the obvious to obscure and free to cost. You should have a detailed sheet that you begin and continue every investigation. It should list every database you use, searches and costs. This is used primarily to stay organized, but it is also valuable for following up leads. Each case is different, so you may not begin or use all of my databases the same way each time. A sample template is included in the Forms and Resources chapter, and is linked to a downloadable template online.
With each search print the record and make notes on the record and detail sheet of the findings, relevancy and how current it is. This saves duplicate searches, wasted time and money. With each record, simply follow the lead through its logical steps, doing this until I have hit a dead-end, new lead or a positive conclusion.
One of the beauties of databases, with the right company, is the wildcard search. These can be used with partial names, addresses, and birth dates – anything that can be manipulated to produce a record. Uses include females that change names for marital purposes, common names, and relatives – databases can help produce a variety of leads where none may have thought to exist.
Databases vary in costs, even for the same record. For example, a credit header (SSN traces) can be as low as twenty-five cents and as high as $20. The cost depends on the source: primary source (i.e. credit bureau) or secondary source (i.e. information provider or database). Costs that are often associated with databases and that affect the true cost are sign-up fees, monthly fees, minimum charges, and per record fees; none that I am aware of have connect time charges from the days of dialing into their servers. A few databases may charge any or all of these "add on" fees. With the exception of being credited for the monthly fee to searches, I advise against paying any of these. Flat fee searching – you pay a monthly fee for unlimited access, searches and records – may also be high, but low-cost to you if your volume is high.
Benefits of databases are that you may be able to obtain multiple records for a subject and from multiple jurisdictions, often at a smaller fee than doing multiple name searches or in multiple jurisdictions. After the information is received, it is usually a simple and inexpensive task to verify any relevant information through a primary source or provider of primary source information.
As with all investigations, your final steps are to review your documentation and evidence, and follow-up any new leads until you have either located the subject or exhausted all of your efforts and leads. This is one of the most important rules of all investigative processes! Only careful planning and quality investigative work will produce positive results for both you and your client. Verify and re-verify your data – it will save both time and money.
What resources are available and what is right for you? The answer depends on your needs, what information and resources are available, and the costs versus your budget. As I said before, all records begin somewhere. What you can obtain, how much you pay and how accurate the information is are the primary concerns.
One of the things to consider is the ability to search records without having it traced immediately back to you by the subject; however, understand that all database companies track your inquiries and all public records requests are…also public record. Credit bureaus track all searches in the “inquiry” section of a credit report – even address/SSN searches. This can be traced back to you.
GETTING STARTED
As covered in the Ethics chapter, it is very important to keep in mind that although a source (trapline, credit bureau, etc.) may be legal in your use – the method, premise or pretext may not be. This, as a result, can nullify your case in court and cause a great deal of legal problems for you, your client and parties to the action. Also, have all necessary releases (particularly background investigations). Second, let us assume that your subject is not deceased – this logical step, if you are not already positive, would be to check one of the many sources available to determine if your subject is deceased.
Any investigation can be as complicated and varied as the subjects themselves can. Therefore, it is necessary to understand the methods the subject uses to hide and how they relate to the discovery of records – ultimately finding the subject. It is also best to use experience and judgment in determining the direction to take. Remember, the goal is to verify the location of the subject as cost-effectively as possible, while still being as practical and thorough as possible.
Your investigative success is directly proportional to the skills you develop, as well as the amount and integrity of the information available to you. Aside from the necessary addresses, employment/business data and other vital identifying information (i.e. SSN and birth date), it is useful and often necessary to have material and information that indicates the subject's interests, hobbies, financial goals, and similar traits. This will assist you in determining where and how to begin the investigation; ultimately how to make the information as beneficial to the case as possible.
Information can typically be found hidden among various public and private records – including the many databases available to us records. These include:
Prison Records
Civil and Criminal Records
Credit Bureau Headers (by name, address or SSN – my recommendations)
Business Name Filings (dba and corporation)
Campaign Donations
Marriage and Divorce Records
Professional Licensing
Voter Registration Records
Bankruptcy and other Federal Court Records
UCC Filings (state and county)
Real Property Records
County Recordings (deeds, judgments, etc.)
Postal and Non-Postal Address Changes
Contacting family members, friends and relatives is usually a wealth of data. Many investigators overlook checking prison and jail records (and associated visitor logs – a wealth of data). Your subject may have been recently sentenced or arrested – not only do you know where he is, but related court records may produce additional information. Aside from this, where are many of my subjects found? Listed with an online or phone book resource! Okay, they are not always listed by name – sometimes by initials, or via spouses, relatives or roommates. Start all of your investigations with the phone book or similar online resource, and it is more current and up-to-date parent – directory assistance. Given that this may fail you, we will look at other basic and special tips and tricks.
Various public and private records, including court files, property records and motor vehicle records can be great sources of information. It is important to search a source, verify the information, follow-up the information and then search another source. Do this until the subject is found or all of the sources and leads have been exhausted.
SKIP TRACING
Finding someone for any of a number of reasons. These may be witnesses, deadbeat parents, debtors, lost loves, friends and relatives.
Locating a lost friend may be as simple as calling directory assistance where he or she used to live or using any number of online resources. These resources may not produce them directly, but may produce leads, and with a little more research, may locate the friend. Locating a debtor or deadbeat parent may prove just as easy, but is usually more difficult. Our special resources, knowledge and abilities are usually the case breakers in these instances.
Many people are already aware of the common resources that are available, but overlooked. It is still amazing how many people are found using free online resources, the telephone book, or calling directory assistance; after the client overlooks these sources. Various public and private records, (now often computerized) including court files, property records, credit headers and motor vehicle records can be great sources of information. It is important to search a source, verify the information, follow-up that information and then search another source. Follow these steps until the subject is located or all of the sources and leads have been exhausted.
As an investigator, the resources available and used are numerous and often these resources are exclusive only to investigators and are always valuable. The various ways to access and search records, has increased both the amount of sources and the amount of inaccurate information. When a locate investigation is performed it involves finding the data and then sorting the accurate records from a mixed bag of inaccurate records. An investigator needs as much information as possible to assist in both finding the individual and verifying any results. It is rare that only a few telephone calls or keystrokes are all it takes to locate someone. Experience tells an investigator where and how to look and what resources to use.
Several services advertise nationwide searches and charge a fee ranging from $60 to $100 purporting to locate anyone. This is usually no more than a printout of inexpensive online resources and providing a report (often provided by the database service) of unconfirmed information. That is a Records Check, not an Investigation. Professional investigators are responsible for conducting and completing investigations. We have conducted several investigations that originated with only records checks, or a paralegal printing out a simple online search. All have been verified successful and all for considerably less than the $500-$1,000 that was invested by the client before our taking the case.
I am often called by other investigators, database providers and other resources to test run new products and services. One of my recent favorites was a new database company that many investigators had begun talking about, but not in a very positive way. The reason? They were not getting straight answers from the sales representative. Why? They were sales representatives, not investigators. First piece of advice, use a service that your colleagues have tried, tested and believe in. Second piece of advice, do not use a service that does not have experiences investigators on staff, consulting or somehow keeping the service current on our profession and needs. So, I was contacted by a sales representative and happen to have the rare locate investigation on my desk (we rarely conduct these investigations in our present cases, decedents and victims of traumatic injuries). It was a difficult case and I had it sitting, waiting for a good reason to open it back up. He offered to run many searches, free. He did a few and gave me addresses that I had verified as invalid. He insisted that his ‘system’ showed the address as current. So, I explained to him, as you will learn in this book, that someone looking for my subject had used a reverse address search – when this is done that address shows as ‘current’ as of the date of that request (FYI – all of your searches are tracked, and this is what we call a ‘clue’ that they are). He liked that and promised to keep that information handy. So, he moved onto another search, resulting in another address and promising to be ‘current’. My first question to him was, how could he show to ‘current’ addresses (in different states)? He had no answer. My answer, I knew my subject was a college student, but he had dropped out of that university. Trust you skills, knowledge, training and experience…and your instincts, but never a sales person…they sell, you investigate. This book is expanded to include background checks and investigations. Could you imagine submitting a background report of unverified information that this sales representative pushed as ‘current’?
Almost any locate assignment, and all background investigations, can be successfully completed, provided enough of the variables are met:
1. Sufficient subject data.
2. Sufficient and proper use of the resources and necessary follow-up activity.
3. Sufficient available time is provided.
4. Sufficient funds allowed.
Pretexting – Words of Caution
Since my first book on this subject, much has changed. Some say you can still pretext, some say you no longer can. It depends on your purpose and your target (i.e. bank accounts, customer data, etc.). It is not just the laws to worry about; there are also agency rules and regulations. As previously noted, just because you do not find a law forbidding something does not make it legal – there could be an agency regulation. For example, in Colorado the Public Utilities Commission, which oversees…public utilities…has banned the dissemination of any and all customer data. That makes pretexting it from a utility source illegal. The best advice is that if it seems like it may get you in trouble, consider that it will. The next best piece of advice is to remember that it will take more than that $100 fee to pay for attorneys, court costs, fines, lost income and restitution should you be criminally charged and/or filed against civilly. There are states that have held pretexting to be illegal for private investigators, even cause for revocation of their license. Finally, any subcontractor or information broker is your agent, just as you are the agent of your client, and you could be held liable – from license revocation, to civil liability and even criminal charges.
Investigators perform a variety of tasks – for different clients and different reasons. Today a great deal of information is available via databases of public and private records. There is no truth to the thought that databases have all of the information, nor are they as accurate as an investigator needs them to be. There is an art to investigating that has been with us since the earliest beginnings, and it is sometimes the most valuable tool in our arsenal. This is commonly referred to as "pretexting ". This book would be incomplete without addressing this topic, growing more relevant to the issues of today because of identity theft. Pretexting is identity theft – the notion that your use is for ‘good’ has no relevance anymore.
Pretexting is lying – plain and simple – pretending to be another person or representing another person, and misrepresenting who they are and their intentions. It has been successful and popular because it is discreet and innovative as well. Pretexting is an old art form that is much like martial arts. It has been refined and adapted to modern uses. Like martial arts, it is a weapon that is kept secret, is not for everyone and is used to spar with our enemy – to ultimately win. It is also a weapon that is dangerous in the wrong hands or when misunderstood and misused. This investigative technique is constantly under attack and is now essentially illegal for most common uses and investigative needs. Soon, regardless of the intent, it may become illegal to conduct investigations using these techniques. Similarly, martial arts were a direct result of traditional fighting methods being made illegal. There are several ethical issues to investigations, and particularly pretexting. Given the nature of pretexting – verbal (i.e. telephone scams), person (i.e. impersonation), or written (computer generated checks) – the related rise in identity theft, and carelessness on the part of some our less scrupulous colleagues, key components and methods used in pretexting have become illegal. Pretexting is often best avoided – either directly or indirectly – in your investigations.
Keep in mind that some "searches" are generally available only by pretexting. These may include banking relationships and details, credit card records, investment portfolios and similar records. There are two ways to look at information gathering: Purpose and Method. If just one of these methods is illegal then the entire process and results are likely to be illegal and possibly not admissible in court – the legitimacy of the purpose will not matter.
As we all are aware, there is that time when a piece of information is vital to have and pretexting is thought to be necessary, because it is for a ‘good’ cause or purpose. Is bending a rule or two the right thing to do? No – that is exactly what contributes to the past and current overzealous enactment of legislation. Technology today – automated phone number captures, instantaneous record updates, etc. – have one significant thing in common: they create a permanent record. For example, the old trick of calling the customer as a telephone company representative for information may seem harmless. Calling the telephone company as the customer with a billing problem creates a record that may have a negative impact on the customer.