Investigating for Truth
Karen did a cryptogram in a recent newspaper and this was the quote...
"There are only two mistakes one can make along the road to truth; not going all the way, and not starting." - Buddha
 
We were both thinking how appropriate this is to investigations.
 
It is also, in essence, what our friends and colleagues in FL, Brandon Perron and Brad Perron teach for the CDITC Certified Criminal Defense Investigator (CCDI) in 'Uncovering Reasonable Doubt'; and also Bill Monroe in CA also teaches and expects this. Our clients expect this. Every professional investigator we network with expects this. It is also part of Dean's book and the Protocols to Legal Investigations and an investigator cannot simply 'conduct' an investigation - they must 'complete' the investigation.
 
This is one area in which we find mistakes are made in law enforcement and private part investigations – from civil and criminal, to domestic and probate cases. Of course, it all begins with starting and ends with completing, the investigation. The investigation does not end when elements or theories of allegations or proven or disproven. It ends when the process of uncovering evidence and the road to the truth ends.
 
Not Starting
This seems logical – to complete something you must first start something. However, time and again we are contacted to review case files – new, ready for trial, or post-conviction – and find this step didn’t happen. The breakdown in this step happens at various stages from the represented client, to the attorney, to the investigator.
 
As the attorney or attorney’s investigator it is important to communicate with the client’s responsible case manager to determine the tasks which have been completed, are pending for various reasons, are excluded for various reasons, and finding those overlooked. Checklists become very important no matter the experience. As professional investigators we have a duty to our clients and our liability to make sure any potential task is noted, a decision made in proceeding or not, and any findings.
 
Without checking off all potential, assigned or declined task, and any findings it is not possible to determine if the assignment is completed.
 
In Dean’s book this encompasses the first two steps in the Protocols to Legal Investigations – Prepare and Inquire. Every investigator in every case should be fully up to speed on the case and evidence when proceeding into any specific investigative tasks.
 
Not Going All the Way
There are many tasks within the assignment to complete before the legal investigation is completed. This may be a simple review of the adverse party’s civil disclosure, or the prosecutions criminal discovery, and to the routine tasks of witness interviews and records acquisition, all the way to the complex issues of evidence analysis and discovery.
 
Within the given time, budget, and resources – how far an investigation can be taken may be out of the investigator’s ultimate goal. It is our duty to be as complete and details as possible within these potential limitations.
 
Too often we see cases in which a decision was made, by the investigator or a case manager, to not seek additional resources, witnesses, evidence, etc. because there was thought to be no need. If the area is not explored the need and potential benefit cannot be realized.
 
In Dean’s book this specifically encompasses the third step – Analyze. Upon completion of every investigative task the investigator should review the case and evidence to determine if they are on the path to ‘Going All the Way’ and completing the task and ultimately the investigation.
 
Completing the Investigation
The Protocols to Legal Investigation are designed to assure each task in the investigative assignment is completed, and ultimately the investigation is completed. Of course this is within the constraints of time, budget, and resources – and should not be constrained by ability. The professional investigator’s ability is limited only by their knowledge, experience, continuing education, and professional networking. Each stage of Prepare, Inquire, Analyze, Document, and Report is designed for the investigator to meet these goals.

 What is the Certified Forensic Science Investigator (CFSI)?
 
Associates in Forensic Investigations is honored to announce our agency principles, Dean A. Beers and Karen S. Beers, have each earned the CFSI designation by the Criminal Defense Investigators Training Council. Together both have become CDITC triple-certified in investigative specialties through education, training, experience, and examination. As a husband and wife Team Beers, they are part of a unique group to do so.
 
The areas of focus are:
- Bloodstain Pattern Analysis
- Forensic Firearms
- Fingerprints
- Forensic Photography

Learn more about this training and certification at http://cditctraining.com/cdiacademyprogram.html
Each area is covered from the history to the scientific processes specific to forensic evidence and forensic investigation. Examination is comprehensive following the multi-day 20 hours of the education and training component by CDITC. This gives the investigator the knowledge and background in understanding the scientific principles of these areas of forensic science and forensic investigations.
 
Our agency works with other experts and attorneys in personal injury, negligence and death in civil, criminal and probate litigation. This added certification, and earning it, added to the skillsets we provide. The role of the CFSI in criminal defense is to assist in guiding the attorney and litigation team with the evaluation and analysis of the forensic evidence, appropriate collection, reliance in testing, and review of the reported results. This information is then used to determine any connection, or lack thereof, between the persons, scene, evidence (i.e. weapon), and victim. Additional specific re-testing and verification is either recommended or conducted by the CFSI.
 
In the areas of death and serious bodily injury investigations, these areas of forensic science are often key components and evidence. Having a comprehensive knowledge of these assures the client this specialized area of investigation will be competently reviewed, and any more specialized expertise continued by the investigator, or recommendations for a qualified expert in advanced areas made.
 
Our agency principles have extensive experience in these, and other advanced forensic investigation areas, including providing continuing education and consultations. In many cases, all of these areas are key to understanding the complexity of an event. Doing so enables a more advanced investigation and expert consultation, often providing a comprehensive finding of the chronology of events, as well as verifying or invalidating evidentiary findings, witness statements, and adverse party narratives.
 
Associates in Forensic Investigations is committed to our continuing education, and providing the highest quality of skilled expert legal investigation and consultations to our clients. With a focus on Personal Injury, Negligence and Death in Civil, Criminal and Probate litigation. Earning the CDITC Board Certified Forensic Science Investigators designation tells our clients and colleagues we are committed to doing so – we are committed to them.

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Dean A. Beers, CLI* and Karen S. Beers, BSW* (*CCDI, CFI-FTER, CFSI)
Colorado Licensed Private Investigators (PI2.050 and PI2.019)
Cheyenne WY Licensed Private Investigators & Security (31146)
Board Certified Legal Investigator / Expert Consultant
Board Certified Criminal Defense Investigators
Board Certified Forensic Interviewers-Forensic Testimonial Evidence Recovery
Board Certified Forensic Science Investigators
Certified in Medicolegal Death Investigations / former Deputy Coroners

Associates in Forensic Investigations, LLC
A Rocky Mountain West Agency
Expert Consultants and Legal Investigators
Personal Injury, Negligence & Death in Civil, Criminal and Probate Litigation

www.DeathCaseReview.com ~ beersda@DeathCaseReview.com
CO - (970) 480-7793 Office / TXT and (970) 480-7794 Fax
WY - (307) 222-0136 Office / TXT and (307) 222-0138 Fax
'Quaero Indicium' - To Find The Evidence

Current information on our primary agency website for services, forms, and CVs.
-- Your Investigators - www.DeathCaseReview.com/legal-investigations
-- At Your Service - www.DeathCaseReview.com/principals-bios
-- Dean's CV - http://dab-cv.DeathCaseReview.com
-- Karen's CV - http://ksb-cv.DeathCaseReview.com
-- References - http://references.DeathCaseReview.com

Celebrating 32 Years in Business!
 
​On October 1st, 32 years ago, after leaving his high school job at a local family run grocery store in 1987, Dean filed his business tradename registration - Investigative Services. Karen joined him in 1996. October holds additional importance, as it is the month of our anniversary. This year, on October 15th, we celebrate 20 years of marriage and 28 years together. As one friend recently put it, “two Beers are better than one” and for as long as we can remember, we have been “Team Beers”.

 
The Beginning
How Dean came to found our agency, as with all things, was about timing. At the time, Dean had been working at a local family grocery store since high school. He was moving up and being prepared for management at age 20. Always keeping his ear to the ground, he became aware of some troubling issues affecting the grocery business – and the economy. With that, Dean decided a different career was due. What career? Having no detective experience – other than finding old friends from his family moving with his Dad’s Navy career; or business experience – he decided to form his own agency – at least something to hold over for about six months, until he found something more career oriented. Filing a business tradename, and then having business cards printed, designing some marketing materials and purchasing an answering machine that would call his new beeper – Dean was in business.
 
The Learning Curve (1987-1997)
Dean realized he could offer something more to clients – Finding People and Finding Out About Them! By the early 90s he became one of the most sought after private investigators specializing in the areas of locating people and background checks. He gave his first presentation in 1993 to the Larimer County Young Lawyers – many would become clients, and are reading this newsletter now. In 2000 he would then give his first national conference presentation. Shortly after, he developed the ‘Skip Trace Seminar on CD’ sold nationwide – and has since become a book and several training lectures on Individual Locates, Backgrounds, and Assets & Liabilities.
 
In 1996, his Wife Karen joined the agency part-time. Beepers were replaced by pagers, and voicemail replaced answering machines. Soon, cell phones – large and cumbersome – became available. Then databases became available, although very limited. In 1995, Dean did some research and found how to use a cell phone – much smaller now, and still large by today’s  – and laptop to communicate from the field – long before public safety agencies had the ability. In fact, a law enforcement friend had needed help finding someone wanted on a warrant. After being successful, he asked Dean about his mobile setup. In the following years, local law enforcement agencies began working with the largest provider for mobile communications to equip supervisors’ patrol vehicles; now every patrol vehicle has a ‘Mobile Data Terminal’ or MDT and remote access to data and communications.
 
The Middle Years (1998-2007)
The late 90s continued with adapting to new laws, new resources and new demands of clients and their growing needs. Then, on September 1st 2000, tragedy struck our family and business. On a personal trip Dean took his Dad to Colorado Springs to see his aunt / Dad’s sister, they were hit by a drunk teenage driver. It was an experience that would change everything. Months of recovery for both Dean and his Dad, as well as Karen – from hearing the collision while talking to Dean on his cell phone (and headset), they had much to be thankful for and work on together. Like Dean’s 1991 motorcycle collision from a vehicle making a left-turn, Dean was unable to work – other than at home – for several months. His Dad remained at his sister’s for a year to rehabilitate. As before, friends and fellow private investigators offered to help and took care of their clients. They, again, truly showed friendship and professionalism. Even as recovery progressed, multi-tasking and running a business – it was either work or run the business – both had become almost impossible. Shortly after Dean’s Dad returned home, the terrorist attacks of 9/11 happened. Another round of a difficult nationwide economy would follow.
 
Based on some occupational therapy and testing at the local university, Dean’s testing showed his primary skills were in law enforcement and investigations related fields. Having an interest in forensics, in the summer of 2002, Dean contacted the local coroner’s office. He spoke to an investigator who shared they were accepting applications for their reserve investigator / deputy coroner training program. Dean applied and was one of five accepted for the group that would start in September. He was the first to complete all the required modules and was recruited to join a newly appointed forensic pathologist in a neighboring county, who had just been appointed the county coroner. Dean would work part-time for the next couple years. In the interim, the group completed the modules and graduated from the program in June of 2003. To this day, Dean and Karen hold a close relationship, as this forensic pathologist remains the agency’s consultant and direct referral. Dean was recruited from a volunteer reserve investigator / deputy coroner to part-time. In 2004 Dean was offered a full-time position, contingent upon him completing a required Colorado Peace Officer Standards Training law enforcement academy. Dean attended in 2005 and graduated with honors in November, and was hired full-time.
 
Karen also had the desire to learn more about forensics and death investigations. Still being the only training of its kind in Colorado, Karen was accepted for the 2004 investigator / deputy coroner program in June and also completed her modules. She was also recruited as a volunteer reserve investigator / deputy coroner, and also part-time office administrator, then hired as a part-time investigator. This would continue to mid-2006.
 
Their experience includes scene investigations, interviews, assisting with autopsies, photography, and all aspects of death investigations. In January 2003 Dean also introduced digital photography to the coroner’s office. Through a grant, the county became the first agency – of any kind – in Colorado to issue and use digital cameras for their investigators. Dean left the coroner’s office in the summer of 2008, having a strong need to return to the private sector. Before leaving, he developed policies for retention of digital files, as well as on-site and off-site backup, converting to paperless and digital formats, and investigators use of enhanced communications and remote access to files. These are processes Dean and Karen would adapt to their renewed private investigations agency. In 2006 Dean predicted a downturn in the state and local economy by 2007. This would become a national economic crisis, unlike any seen for decades – including 1987 and 2001.
 
The Recent Years (2008-2019)
The most current years were very busy – from re-starting their agency to a growing family! Their new agency was going to focus only on legal and death investigations – personal injury, negligence and death. Learning from experience, and wanting to share their experiences, they also became involved in state, national and international associations. These were to develop networking, experience, learning opportunities, and to give back to a profession that had been good to them and helped raise their family – through good times and rough times. Within days of contacting their client list, calls and cases came in. The struggling economy followed and created some setbacks, and were predicted to resolve by 2018. They adapted and overcame, and also grew.
 
In December 2008 their first grandchild, and only granddaughter, Jacee Sue was born to their oldest daughter. Jeberly had a very difficult experience after, and was hospitalized – they almost lost her. After she had recovered, they learned their youngest daughter was pregnant – with twin boys. In July 2009 their grandsons, Gage Alan and Cash Michael were born seven weeks early. Winter had a difficult pregnancy and was hospitalized weeks before their due date, then flown to Denver for emergency delivery. Their grandsons were in NICU for seven (Gage) and ten (Cash) days. The children’s hospital was fantastic and Ronald McDonald House took care of the parents. They still donate to both at every opportunity.
 
From this time, Dean and Karen sought specialized certifications to enhance the level of expertise offered to clients. Dean would go on to earn his board Certified Legal Investigator designation (CLI), and is the longest serving member of the CLI Committee. Dean and Karen would later earn their board Certified Criminal Defense Investigator designations (CCDI) – one of a handful of husband and wife teams. This was followed by earning their board Certified Forensic Interviewer – Forensic Testimony Evidence Recovery (CFI-FTER) designation. This year they have earned their board Certified Forensic Science Investigator designations (CFSI); they are among the fewest to be triple-board certified by the Criminal Defense Investigators Training Council (CDITC) and has a husband/wife team; Dean is also a Faculty Advisor and instructor.  They continue to publish books and articles, Dean’s ‘Practical Methods for Legal Investigations: Concepts and Protocols in Civil and Criminal Cases’ (CRC Press) is in the process of the 2nd edition; and together they revised a second edition of ‘Professional Locate Investigations: Individual Locates, Backgrounds & Assets & Liabilities’ – many are distance learning and lectures.
 
Together Dean and Karen been continuously involved in multiple association boards and committees – from training to legislation for their professions. Karen is also the Administrative Manager for the World Association of Detectives (WAD), and the Executive Director of the National Council of Investigation & Security Services (NCISS). She continues to also be involved equally in the cases and consultations, which includes being administrative manager for the largest international association of private investigators.
 
Their agency has grown to focus on Legal Investigations and Expert Consultations in Personal Injury, Negligence and Death in Civil, Criminal and Probate Litigation in Colorado and nationwide for attorneys and fellow investigators.
 
Celebrating Over 30 Years - 32 - Thank You!
Today, and since 1996, they have worked together and independently. Karen has long brought a unique perspective of women’s intuition and insight to every case. Not only two sets of eyes and experience, but an additional sense of detail in reviewing the evidence found in records, reports and photographs.
 
Reflecting back, they have seen and done many great things and have been through many experiences. Everything used – from beepers and answering machines, to phones and fax machines, to cameras and video, is now held in a small phone. The Yellow Pages are all but extinct, and not long after finding ‘Detectives’, the category was removed – leaving ‘Private Investigators’ – now not a used category. Licensing of private investigators now exists in Colorado, to protect their profession and consumers.
 
Today their legal investigations and expert consultations are a passion for their clients – from attorneys and their injured or wrongful death clients, to private investigators and their family clients looking for answers, and their criminal defense. In each of these, they are passionate about assuring the rights of their clients are protected, and answers found to further their case or bring healing and closure to their loss. Their passion for helping those who have lost a loved one has also found us assuring that a person, often a suspect in a death, is not wrongfully accused, arrested and convicted – and at other times, the right person is brought to justice.
 
They never know where their paths lead us – or when they may cross with others. What the future would bring? Two things for sure – a growing family, with four grandkids (Jacee 10, Gage & Cash 10, and Jacee’s brother Lincoln (3), and a growing commitment to their business. Of most importance is their personal growth together and commitment to each other. They plan to simply continue. To continue taking care of their family. To continue taking care of their clients. To continue being involved in their profession as much as possible.
 
To continue working with you and making a difference – no matter how small – in the lives they touched. Just as you have made a difference and touched their lives.
 
They love and are passionate about their work, and hope to pass on something to any or all of their grandchildren. At the least, they will share the values and experiences they have learned.
 
Thank You! Dean and Karen
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Dean A. Beers, CLI CCDI CFI-FTER
Karen S. Beers, BSW CCDI CFI-FTER
Associates in Forensic Investigations, LLC
A Rocky Mountain West Agency / National Consultations
(970) 480-7793
associates@DeathCaseReview.com
 
Licensed Legal Investigators and Expert Consultants
Personal Injury, Negligence & Death
Civil, Criminal & Probate Litigation

"Good, Fast or Cheap" are NOT the Three Choices of Investigations

Provide Value through Results defines a Professional Investigator

We have all heard the truism - "You can have it any two of these three ways - Good, Fast, or Cheap"; however, Professional Investigators try to make all three happen - we can't, and shouldn't.

For our clients, and our profession - we actually have Time, Funds, and Resources to consider. Professional Investigators know results are dependent on the best use of all three. From Dean's textbook, “Practical Methods for Legal Investigations” (www.PracticalMethodsForLegalInvestigations.com), he discusses the importance of not focusing on Good, Fast or Cheap - and instead on Time, Funds, and Resources.
 
Just as criminal charges and civil allegations have elements, so too does the investigative process and its components.  The basic elements of a successful investigation are simple:

• Sufficient Time might not equal Fast
• Sufficient Funds might not equal Cheap
• Sufficient Resources might equal Good
• The sum of these is Value – and there is Value only if the PI and resources are good.

 
In this graphic, there is the center ‘Not Possible’ and the orange outcomes, depending on the combination of two options – that is the Value; value is lost by the third and missing option. The resources, and resulting value, are wholly reliant on the available time and resources.

• Sufficient Time equals Value
• Sufficient Funds equals Value
• Sufficient Resources equals Value
• Results equals Value
• Results and Value equals Return On Investigation (ROI)

 
All of these require careful management on the part of the Professional Investigator.  Balancing them to create an advantage is necessary and can be difficult.  This balance creates Value - and the value of the investigation, the whole of the Professional Investigator and their processes, are what brings value to the case.  There are five components presented as an Investigative Protocol, which map out the process using the three basic elements of Time, Funds, and Resources to conclude a successful investigation. 
 
As Professional Investigators, we have more control over our resources – including outside resources, and our internal education, training, and experience. It is the resources for which our clients retain our services. Our clients have more control over time and funds. With all three there are those in which there is no control – such as unavailable information, or court stipulated dates, and client budget. We can offer and provide the best resources available in the time given and budget provided. Results and Value equals Return on Investigation (ROI).
 
All of these require careful management on the part of the Professional Investigator.  Balancing them to create an advantage is necessary and can be difficult.  This balance creates Value - and the value of the investigation, the whole of the Professional Investigator and their processes, are what brings value to the case.  This Return on Investigation [ROI] is the Value derived from the balance of the Time, Resources, and Funding.  Similar to an algebra equation:  Value = (Time)+(Resources)+(Funding).  So long as the right side of the equation is in balance, the investigation will have a corresponding value.  Any addition to the components will also increase the value of the investigation – the investigative return the client receives for their investment.
 
As professional investigators, one component of the value of the Professional Investigator’s services are the resources brought to the table.  The client has requested the services because Professional Investigators, by definition and specialized experience, are proficient at bringing them results.  These resources are available from a variety of places.  Some are developed resources, such as experience, skills, education, colleagues, and association contacts.  Others may be case specific resources, such as the client’s relatives, co-workers, colleagues, and friends.  The skill of developing resources can make up for insufficient time and funding.  It is important for the Professional Investigator to create, maintain, and share their resources.
 
Professionals provide value to their clients, and Professional Investigators do so through results.

Death of a Flim Flam - a PI App You Could Not Trustify

Our agency, and profession, was first alerted to this when friend and colleague Ron Rugen, in Missouri, posted his blog in early June 2015. We did also, with our own analysis and in response to an article pushing this service. We never received a response from this “Flim Flam” or the author of the article, nor was our response published – as promised.
 
What was previously known as “Flim Flam” was the original business name being a bit too revealing of what the ‘app’ and service actually was – and a name change to what it was not, “Trustify”. Founded in March of 2015, it took only a few months to be exposed in our profession; however, it took four years to see it finally collapse.
 
What did our agency find and do? See our blog commentary at “Danger of PI Apps” posted 6/12/2015 at
www.deathcasereview.com/afi-llc-blog/danger-of-pi-apps
 
This commentary first started as a response to the article Ron Rugen first alerted our profession to – ‘App Tries To Make Private Investigators Less Creepy’
 
After getting past the blatant insult and distrust of the article title, our agency was never worried about losing business to an app – we don’t provide the services the app purports; however, many justifiably were. Unfortunately, too many also thought joining this “Flim Flam” would benefit them.  Our concern, as with all of our colleagues, is the damage this activity can do to our profession and consumers.  It is our responsibility to not accept irresponsible, possibly illicit, activities.
 
Our agency’s response to this “Flim Flam” was to address those points made in the article found announcing this dangerous ‘app’.  First, this “Flim Flam” was founded on the premise licensed private investigators are untrustworthy – and would circumvent required licensure and consumer protection.
 
What were some concerns?

• Hire a private detective for on-demand, one-hour jobs for $59.
• The app has a network of over 2,000 private investigators in the DC region who are required to sign a contract and abide by certain policies and procedures.
• All customer interaction is anonymous and goes through the app.
• Geolocation of a hired investigator and use a two-way chat app to exchange videos and pics.
• No adherence to statutes, rules, regulations, evidence, and our profession has ethics.

 
Reviewing these will give any person a better understanding of the serious issues this “Flim Flam” presented. It took away confidentiality, trust and integrity; cheapened both the profession and the work product; and was generally insulting.
 
Shortly after this was published, our agency begin joining others in investigating this Flim Flam. The Legislative Committee of our state association, the Professional Private Investigators of Colorado had just seen our state mandatory licensing program, enacted for consumer protection, passed and the first licenses active just a week or two before this article was released. There was immediate concern, as the concerns with this “Flim Flam” app were essentially the very reasons PPIAC supported and advocated for regulation through licensing. Work was immediately done to monitor and prepare to deal with this Flim Flam. In our profession, individuals, groups, and associations have and will galvanize to attack a threat or cancer to our profession. This was exactly the time many across the nation did so.
 
In late 2015 this was brought to the attention of the National Council of Investigation & Security Services (NCISS) Board at the Mid-Term Board meeting. In early 2016, at the Annual Meeting, the Legislative Chair for Investigations advised the NCISS Board of research and findings of this “Flim Flam” and NCISS took notice of the danger to our profession. Several began work and analysis of this new and growing problem seen to be very damaging to our profession and harmful to the consumer and clients. Several state associations also began taking notice and action. Our profession was galvanized, and as Dean had just become President of NCISS at the Annual Meeting, it became a priority. The NCISS Legislative Committee / Investigations Chair independently conducted research and an in-depth analysis. This resulted in a white paper of great detail sent to the NCISS Board and then shared nationwide. Soon, several state associations and licensing boards began to take action.
 
Some highlights of what our agency, NCISS, PPIAC and other colleagues and groups found:

• Too many in our profession trusted an unknown in this “Flim Flam” and contributed to hurting our profession;
• This “Flim Flam” was founded to disrupt our profession – and did, with very negative and foreseen results;
• Too late, many who trusted this “Flim Flam” didn’t have concerns with the lack of due diligence we were concerned would undermine the trust and confidentiality of our profession and clients;
• The rates, not part of a free market, but dictated and undermining our profession, were not of concern to those who signed on – and are now not paid; and
• Finally, many came to realize what associations like NCISS and state associations repeated: this “Flim Flam” was operating without any required licensing, and was a danger to both our profession and consumers.

 
Concurrent to the work of NCISS, our state association – the Professional Private Investigators Association of Colorado, also focused on how this “Flim Flam” was violating the new – as of June 1st 2015, mandatory licensing of private investigators.
 
With our state association – the Professional Private Investigators Association of Colorado (PPIAC) prepared a Petition for a Declaratory Statement to be issued by the Colorado Department of Regulatory Agencies, which oversees mandatory licensing of private investigators in Colorado.
 

• CRS 12-58.5-101 et seq nor 4 CCR 750-1, does not provide for, define, or exempt a “Private investigative agency”; therefore, no business can be licensed as, or exempt from being licensed as, a Private Investigative Agency – this includes services such as this “Flim Flam”.

 

• Unlicensed Intermediary Service Providers or Unlicensed Broker Agents, such as this “Flim Flam”, solicit, advertise and facilitate the above services in the State of Colorado.

 

• Through undisclosed parties – the Client and the Private Investigator – these services provide an opaque and indirect relationship with Colorado consumers. In doing so, the indirectly provide multiple services described above.

 

• These services are not performed directly by the Unlicensed Intermediary Service Providers or Unlicensed Broker Agents, such as this “Flim Flam”. Instead, these services are performed as undisclosed a “General Contractor or Broker” and possibly hiring additional undisclosed “subcontractors” to perform services without the required contract, as required by all Licensed Private Investigators in Colorado.

 

• It is important to note that the Private Investigators are retained, without a contract, by the Unlicensed Intermediary Service Providers or Unlicensed Broker Agents and not the end Consumer.  These undisclosed relationships are without contractual relationship, duties, loyalties or responsibilities to the Consumer for which services are ultimately provided.

 
Our agency joined our associations and profession to galvanize and worked tirelessly, and will perpetually, to have the trust of our clients, and within the regulations overseeing us. We stated in June 2015, this “Flim Flam” would not be a success for the consumer and will be another best of intentions jading the consumer with a bad experience against our profession. Which is exactly what happened.
 
Unfortunately, this is not the end of this danger to our profession and consumers. There are others, some even more dangerous. We must work together – as individuals, agencies, and associations – to defeat these scams posing as helping consumers and private investigators. The first step – DO NOT partner with these scams as an investigator and offering services to unwary consumers. The next steps – join and be actively involved in your state association and NCISS to defeat these scams, and warn your clients and consumers of the dangers.
 
Consumers should always beware – professional investigators are hired because of unfortunate circumstances – it can be made worse by using cheap and unprofessional resources, which are certainly not trustworthy. Our profession must continue to expect the best from each other, and provide the best to the public.
 
We are proud of the honesty, integrity and intelligence – the very ethics – we each have, our agency, and the associations we work with to show the important work we do, as part of our justice system, has the mutual respect of each other, our clients, and the consumers of our services. We are a reflection of our PRIDE – Professional Reliable Investigators Defining Excellence!

Not Just the FAQs
As professional investigators there are basic tasks to be accomplished in every case, whether it be conducting surveillance, backgrounds, skip tracing, assets & liabilities, or defense mitigation. This applies to the investigation, interview, research, and reports. We are often asked what are some of the best practices essential to investigations – in addition to covering ‘the basics’ of who, what, when, where, why and how. Expanding on these basics would be our FAQs.
 
In all investigations, and tasks within each assignment, the professional investigator will look for all consistencies, inconsistencies, and discrepancies – in the interview, records, reports, discovery, disclosure, etc.  In doing so, also determine if there is any supporting and contradicting evidence as it relates to all parties of the legal action.  Look for and document any new evidence.  The process in the search for new facts and evidence should also use all of the five senses:  see, hear, touch, taste, and smell. These may be provided in interviews, or seen in various incident reports.
 
This includes any subjective and objective information, first-hand accounts, hearsay, and the documentation and collection of evidence.  Although hearsay is not admissible in court or deposition, it is useful in determining additional information, confirming information, and potentially providing new leads.
 
All interviews should involve all senses of the witness and cover the full who, what, when, where, why, and how of all components of the incident that the interviewee does, or conceivably may, have knowledge of.  The professional investigator may have one opportunity for the interview and it is important to use it wisely.  Information from the interview may be used at any stage of the legal process – from settlement conferences and plea negotiations, to sentencing mitigation and appeals.  Does the interview, or even review of records and reports, cover the elements of criminal charges under investigation, or allegations in a civil tort case? Very often it is necessary – but overlooked – to go beyond the basics, the senses, and even the elements and allegations. Ask more questions, develop your own FAQs you should be asking, listening for, and researching. This may include if any cell, dashcam, or bodycam photographs and video were captured, were other people around, distances and time, etc. These FAQs may reveal important, and otherwise unknown, information.
 
Part of your complete investigation process should be based upon the concept that there are five sources of information for a witness:  sight, sound, touch, taste, and smell - the five senses.  Additionally, there are six knowledge subjects to which these apply:  who, what, when, why, where, and how.  These human elements of senses and knowledge encompass those areas in which the professional investigation will verify and uncover information, facts, and evidence important to the client. In doing so, there is also an increase in the value and reputation of the professional investigator.
 
(adapted from Practical Methods for Legal Investigations: Concepts and Protocols in Civil and Criminal Cases by Dean A. Beers, CLI, CCDI ~ CRC Press 2011)

Investigators or Information Providers
 
We are very active in the various associations we belong to – from our state association to national and international associations. These each have professional listserves as a networking benefit to members – from asking for assistance, to sharing experiences – the sharing is a valuable resource. In recent years there has been a growth of social media groups serving much the same purpose, with disappointment.

 
Recently, and certainly not new – in fact, too often and regularly – we see an investigator ask for assistance, only to find a fraction of responders giving advice that gives you goosebumps. Most are well intended, just not well thought out. Others blatantly ignore ethical and legal issues – with the most common response being, “as long as my client is happy and I get paid.” This is more than a disservice to the client – who may not know how the sausage was made, only that it was – it takes our profession two steps back. Having worked closely at the state and federal level on regulatory and legislative issues for over a decade, we still hear the negativity – mostly due to television and movies, which somehow being fictional and with artistic license for entertainment is forgotten. As professional investigators, we have both reality and clients to satisfy – and a living to make.
 
By way of examples, topics such as obtaining surveillance video by any means and giving the client only what supports their position – usually at a disregard for a person’s reasonable expectation of privacy, to locating an individual and only using a database for answers. Just enough disregard to imperil the client's case - and reputation of the PI.
 
Having conducted individual locates, backgrounds and assets & liabilities investigations for over 30 years – and also both teaching and having published a book (in its third edition), we have some knowledge in this. This experience has included learning where the best source of information is, how data providers obtain, aggregate and disseminate information, and how to decipher the results down to the information needed to find results. Much to our dismay, we have been finding PIs simply handing their clients a data report – with no actual investigative know-how used. In most cases in which we questioned the PI about this practice, the general response was their client (usually an attorney or paralegal) took care of the rest. Not only is this not investigating – it is simply information brokering. This is not only a disservice to the client, it tells clients there is no value to hiring a PI.
 
Imagine Joe Citizen walked into an attorney’s office and requested assistance in responding to an erroneous collection demand. Expecting both legal advice and representation, Mr. Citizen is stunned when the attorney hands him a copy of state debt collection practices statute and bookmarks the applicable cite, and tells him the response he should give is on that page somewhere – and charges a one-hour consultation fee. By some responses, Mr. Citizen should be happy he was given the legal advice he paid for, and if he expected a letter with specific responses, he would pay more. This isn’t a fast-food restaurant where they offer to upsell your regular meal to a super meal for one dollar more.
 
Our clients receive, and every client of every professional investigator deserves, to have their cases and assignments conducted in a manner in which the final work-product to the client has accurate and verified findings – who, what, when, where, and how. These findings should be immediately actionable by the client.
 
For over 30 years we have shown our PRIDE – being Professional Reliable Investigators Defining Excellence with integrity, honesty, and intelligence. Not all private investigators and legal investigators are the same.  There are five core principles professional investigators universally possess and practice. Every client is promised, at a minimum, the following:
 
Skills Appropriate for the Assignment
Law firms and medical offices specialize - Professional Investigators also specialize.  Their casework and continuing education should also be in your specialized areas.
 
Experience and Knowledge
Professional Investigators strive to maintain and further these. All professions have requirements of continuing education.  The CLI and CCDI programs require extensive compliance with continuing education.
 
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.
 
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 you expect.
 
Keyword - 'Professional'
Honesty, Integrity & Intelligence.  These define Professional Investigators and gives you the confidence that your case is in competent and skilled hands.

The media has often been called the "fourth estate" or "fourth branch of government". In this role, they produce political information, opinion, influence political processes, and educate the general public. Their belief is the responsibility to inform and be essential to the healthy functioning of democracy.
 
This is true of professional investigators and private security agencies in being a key part of the American judicial system. Professional investigators produce information, facts, and evidence to inform and educate clients and juries, the public and government. In doing so, we have a responsibility to our clients and the public.
 
Professional security agencies are often the first line of authority at large public buildings and significant public gatherings. Often armed, security agencies work closely with state and local authorities to secure numerous public events, as well as with private, and public agencies from local and state to regional and federal facilities.
 
Professional investigators have a heightened level of responsibility to the public. Our clients include the general public, attorneys, at-risk private parties and victims, criminal defendants, civil litigants, and probate parties. The key role of the investigator is to report facts to the client; whether or not favorable to the client, and without any bias or motive.
 
Justice requires that all parties to a dispute possess all pertinent evidence to present in court. Professional investigators assist with civil, criminal, probate, domestic, workplace and many other judicial matters – and predominantly the same issues that do not find themselves in the judicial system, and those of post-conviction – such as wrongful conviction. This role includes supporting and defending the rights of every person – in our Bill of Rights this includes the 1st, 2nd, 4th, 5th, 6th, 7th, and 8th Amendments… and within every local ordinance, state and federal statutes, and regulations, and rules of evidence. This is done within our ethics, and to assure the no individual’s Constitutional rights are violated, or any without bias of a person’s age, race, gender, ethnicity, religion, sexual orientation, socio-economic status, or other area of personal traits.
 
Professional investigators also serve and protect our communities. In the public, business, and government, many are not aware of the range of public safety services these professions actually provide, including:

• Criminal Histories
• Locating Fraudulent Activity and Assets
• Finding Witnesses and Parties to Litigation
• Delinquent Child Support Investigations and "Deadbeat Parents"
• Locating Missing Persons
• Assisting ID Theft Victims
• Locating Missing Heirs
• Preventing Fraud & Fighting Identity Theft
• Workplace Fraud, Theft, Harassment, and Violence
• Sexual Harassment in Workplaces, Schools, and Public Office
• Locating Debtors
• Finding Pension, Insurance, and other Beneficiaries
• Protecting Consumers and Businesses
• Uncovering Worker Compensation and Insurance Fraud

 
The days of the popular TV and movie ‘private eye’ has never really existed – just as the days of ‘CSI’ also did not. From glamorized to simply unreal – these have always been entertainment in less than 30, 60 or 90 minutes. Most can watch a police or legal eagle drama and quickly remind themselves it is only entertainment. At times, as with any profession – there are those within who simply do not help the misinformation and misrepresentation any. Overall, there is a overwhelming honesty, integrity, and pride in our professions.
 
We have long taken this PRIDE to a new level – as Professional Reliable Investigators Defining Excellence! We have also long recognized that Together We Are Better! Recently, our friend Bob Heales reminded us – and those in attendance at a recent association meeting – Two Beers Are Better Than One! Together, we have always been a strong and supporting team together in our personal and professional lives. Its simply what we do, and in our agency we do it for our clients.

We have always been a Team. Contact us any time to find out how our Team can work with yours - Together We're Better!

It has long been a great honor and privilege to have developed our Equivocal Death Investigations / Death Investigation for Private Investigators distance learning course exclusively for PI Education for nearly a decade!

This month, Dean was a featured guest for the monthly PI Education webinar, hosted by friend and colleague, Hal Humphreys. Hal is not only the proprietor of PI Education, he is also for Pursuit Magazine - and more important, he is a fellow working licensed professional investigator of over 30 years - Find Investigations - and Certified Fraud Examiner.

Here is the link for the webinar - https://youtu.be/jJVqQrrAHlg. Not only was this a great experience, it was very informative for listeners and their questions. Unfortunately, an hour - even a day - doesn't cover all the most important facets of death investigation, and our passionate and important role in this expertise. What did we talk about? From our background to our passion, and our experiences to viewer questions, we covered a lot in one hour. This commentary shares some, but to get the full experience please watch the webinar. We have also added some important information to supplement the webinar - one hour was too short for such a passionate topic of great interest to many.

First - if you want to take the Equivocal Death Investigation course we developed for PI Education, and get a discount code - watch the webinar for more information!

Our Experience
We are passionate about what we do, our clients, and our profession. Dean started the agency in 1987, and Karen joined in 1996. They are a team personally and professionally.

Dean has extensive background in medicolegal-forensic and factual Investigations with law enforcement education, experience and relationships.  He has testified as an Expert in Forensic Investigations of Pattern Injury Analysis and Private Investigations, and is currently consulting nationwide as an expert in criminal defense homicide and civil equivocal death investigations for law firms, investigative colleagues and families.

As a death investigator Dean was involved in the investigations of all manners of deaths and incidents, training under six Forensic Pathologists.  From 2003-2008 he investigated over 150 scenes, assisted with approximately 400 autopsies and investigated nearly 600 additional non-autopsied cases. This does not include over 1,100 additional cases not taken for jurisdiction, in training or as the backup investigator (frequently in homicides and child deaths).

Over 6,500 hours of experience specific to death investigation and related injuries, negligence and causation - from investigation to forensic autopsy assistance.  Education and Training from 2000-2008 includes over 600 hours in the Law Enforcement Academy and 1200 hours of general and forensic investigative specific training in multiple disciplines.

Karen possesses strong interpersonal skills and ability to reach out to people, she brings a unique perspective to cases, particularly lifestyle matters and mitigation.  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.

With her education, training and experience as a death investigator, Karen was involved in the investigations of all manners of deaths and incidents, training under three Forensic Pathologists.  From 2004-2006 she investigated and assisted with numerous death cases and scenes, and assisted with forensic autopsies.

Learn more about us at www.DeathCaseReview.com/principals-bios.html

Our Passion
As compelling and fascinating as this field may seem - it is not for everyone, and it takes experience, passion, and compassion. We often hear from families, attorneys, investigators and funeral homes representing families, looking for where to turn in understanding how the death of a loved one was (or should have been) investigated.  They seek closure through answers. 
  
To help families, funeral homes and others, we wrote a short guide, “Survivors' Guide to Understanding Death Investigations” as a basic introduction into the concepts of the official investigation of death, such as by a coroner or medical examiner office. It is our hope that understanding these concepts will help the process of healing and closure.
 
This guide is based upon extensive combined legal and death investigation experience.  Specific to death investigation, this included responding to scenes and completing thorough independent investigations, and assisting with the autopsy.  In addition, the most dreaded and responsible component of the process included the determination, location and notification of the decedent's next-of-kin.
 
This guide is first intended to provide survivors some of the knowledge and insight to informatively and intelligently understand the concepts and protocols of death investigation, and the ability to ask the right questions.  Unexpectedly, the questions we received during the webinar can be answered with this guide. We hope this guide serves these purposes. 
 
For details, please visit www.UnderstandingDeathInvestigations.com

How We Work with PIs, Attorneys, and Families
Specializing as Legal Investigators and Expert Consultants in Personal Injury, Negligence & Death in Civil, Criminal & Probate litigation, we work primarily with other professional investigators, and attorneys, throughout Colorado and nationwide. We have found that many attorneys and families will reach out to local investigators for assistance. Often, the investigator - specialists and experts in their own right - may not be prepared to factually investigate and evaluate evidence and circumstances of a death - or serious bodily injury (which is simply events that did not cause death).

For nearly a decade we have worked closely with others to speak for the decedent and give answers to the family. This may be in a private situation, such as an equivocal death - homicide vs. suicide for example, or litigation, even post- conviction. We become an extension of their team. As needed, we may bring in our own expert consultants.

Are you a professional investigator interested in taking more death and serious bodily injury cases - from equivocal deaths for families, to criminal defense and civil litigation? We offer the ability to be an expert extension of your services - please visit www.EquivocalDeathInvestigation.com for details and generous referral compensation.

Facts and Myths in Death Investigation
From the "CSI Effect" with juries, to misinformation to families - we have seen many myths of deaths and the investigation process. First, a couple facts:
1. We see things others don't want to see. We see what people do to themselves and each other. Although we may see something new, we are not surprised.

2. Evidence does not lie. It can be misinterpreted, misrepresented, not provided, or altered and manipulated (i.e. statements, photographs, etc.). We require a 'Forensic Trio' of records, reports, and photographs from all investigating agencies and prefer primary source.

3. Evidence includes medicine and science, and experience. There are no assumptions, or pre-determined outcomes, or desired outcomes.

As provided in last month's commentary, there are four possible outcomes to the reviews of equivocal deaths:
1. The official investigation was competent, with the official findings consistent with the facts and evidence
This really needs no explanation - all the pieces fell into place, and fit to form a clear picture of the event.

2. The official investigation was not competent, with the official findings consistent with the facts and evidence
The most common area of questioned competence here is the investigation did not follow a protocol, or was not complete - perhaps both. Too often, in any investigation, the investigator or team find evidence that supports a theory, or reaches a plausible conclusion, which ultimately lacks verification. This is not to state or imply the investigator was lucky. Variables from skill and experience, to the evidence, did mesh together sufficiently for the appropriate findings.

3. The official investigation was competent, with the official findings not consistent with the facts and evidence
Similar to #2, and seemingly the opposite - this is the next most common area, but of questioned outcome. These false or unverified findings are most often the result of not analyzing or interpreting the evidence correctly (see #4), whether by cognitive bias or experience. Two persons or teams may conduct the same investigation, review the same facts and evidence, and reach different conclusions. This is what is often seen the courtroom, with opposing investigators and experts; even witnesses who see the same event differently, through no fault of their own.

4. The official investigation was not competent, with the official findings not consistent with the facts and evidence
This is the worst of the worst, and rarest of findings. From the course of the investigation, to the findings - there is issues from beginning to end. Evidence may not have been found, collected, or tested - or any combination. Evidence includes, not only trace evidence - but scene response and investigation; witness development, contact, and interviews; evidence development, collection, and testing. This is not to say the full and entire investigation was not competently conducted; however, it is to show that any component of the investigation not competently conducted and the conclusions, therefore, were unreliable and without factual basis.
(learn more about this at www.DeathCaseReview.com/afi-llc-blog/findings-in-expert-consultations-of-death)

Here are a few common myths:
1. A person cannot or would not... enter act here - things are not always as they 'should' seem and it is important to let the evidence tell us.

2. A person was happy, had a new / good job, new house, child on the way, etc. and had no reason to commit suicide. These are great events in life - things which would seemingly make any person happy. If you look at them from a different perspective - they are also stressors, and multiple stressors - especially if there are other circumstances (depression, anxiety, etc.) can be an issue.

3. A person would not commit such a heinous crime as murder, killing their spouse, or killing their children, etc. If we remove the personal relationship of the client, and look only at the evidence there is a story being told (or not).

4. Similar to #3 - a defendant had a motive (financial, affair, etc.) to commit the murder (or suicide). A motive is not an element of a crime - the element being one of the factors for which all must be proven for a conviction. A motive is simply information that lends to suspicion. If a person were embezzling money from work, or having an affair - and then a suicide or murder happened - these acts make them no more guilty, then the absence would make them innocent.

About the Equivocal Death Investigations Course
This training course is designed to provide a basic introduction into the concepts of the official investigation of death, such as by a coroner or medical examiner office, and the role that the private investigator may play in an equivocal death investigation. As might be expected, there are similar roles, overlapping roles and, of course, different roles and responsibilities.

The course will provide the investigator currently working in, or interested in working in, the death and personal injury investigation fields the knowledge and insight to informatively and intelligently conduct a criminal defense or civil investigation in which serious bodily injury or death is the subject matter of the litigation.

Upon successful completion of the course, the student will be able to do the following:

• Identify and review the role of the private investigator in equivocal death investigations
• Understand the investigative procedures and protocol in a death investigation
• Compare the coroner system vs. the medical examiner system
• Provide the investigator currently working in, or interested in working in, the death and personal injury investigation fields the knowledge and insight to informatively and intelligently conduct a criminal defense or civil investigation in which serious bodily injury or death is the subject matter of the litigation.

The course includes downloadable intake worksheets, check lists, and forms.

For details, please visit https://pieducation.com/product/equivocal-death-investigations
(don't forget - to receive a course discount - be sure and watch the PI Education webinar for the discount code - https://youtu.be/jJVqQrrAHlg)

We hope you watch and enjoy the webinar. As a colleague, you play an important role in our justice system, helping families and businesses, and being a steward of honesty, integrity and intelligence. Feel free to contact us any time if we can help you further your skills and help improve our own.

With appreciation and honored to serve you and our professions, Dean and Karen Beers

Dean A. Beers, CLI CCDI CFI-FTER and Karen S. Beers, BSW, CCDI, CFI-FTER
Associates in Forensic Investigations, LLC
A Rocky Mountain West Agency
(970) 480-7793
associates@DeathCaseReview.com

Legal Investigators and Expert Consultants

Personal Injury, Negligence & Death
Civil, Criminal & Probate Litigation