Being active on our state association legislative committee, PPIAC, there have been many discussions about this crisis and impact on members. This comes from also navigating a bill to renew Colorado’s PI licensing program for another five years. Professional investigators have always worked from home, in office spaces, and in the field – our profession is complex and far reaching. We watch for regulations and legislation which may impact our profession – for better, or for worse. This new crisis is a totally different issue, however, dealing with it is the same.
 
In early March, after a state of emergency was declared, Colorado’s legislature adjourned about half-way into the session. With phases of Safe From Home in place, Colorado’s legislature is scheduled to reconvene 05/18/2020 and finish the legislative session. During this crisis the licensing agency, Department of Regulatory Agencies (DORA) classified Private Investigators as ‘non-critical’ or ‘non-essential’ and with the most restricted travel and business mandates.

The state health department (CDPHE) had some flexibility. Believing DORA did not have the authority to supersede CDPHE, the PPIAC Legislative Committee (of which Dean is a member) immediately went to work under the leadership of Robert Orozco (Chair) and sent a letter to DORA. As of 04/30/2020 DORA no longer included PIs under any classification of restricted business activities. At the same time, as Colorado transitioned to the Safer at Home phase, members of the committee were discussing steps to make sure members / PIs, clients, and the public we interacted with would have safe practices recommendations. We learned, through our re-classification efforts, CDPHE re-classified PIs with guidelines for Office and Field Services. This is an important win by PPIAC for all Colorado PIs. Our agency has drafted a policy for compliance with new CDPHE guidelines. We hope the following, from the CDPHE required of all Colorado PIs, may assist you. Be sure and check with your state and local requirements, and consult legal advice as may be necessary. The following is not legal advice.
 
We suggest having a HIPAA and state health department compliant form for all personal interactions with clients and the public (witnesses, etc.). In addition to compliance, there are two additional considerations: 1) liability insurance may require compliance and additional guidelines; and 2) if there is any exposure this will assist with state and CDC contact tracing programs. Any compliance forms should be signed and dated by all parties. These forms should be copied to the case file, and a compliance folder for the agency.
 
Effective 04/30/2020
https://covid19.colorado.gov/safer-at-home/safer-at-home-office-based-business
https://covid19.colorado.gov/safer-at-home/safer-at-home-field-services-and-real-estate
 
This policy is effective for all assignments and interactions involving personal contact. This is in compliance with current Colorado Department of Health & Environment (CDPHE), and Colorado Department of Regulatory Agencies / Private Investigators (DORA). Local county and city orders may supersede these and will be applicable as noted.
 
For each in-office or field personal contact, the following should be documented by the investigator and other person(s).
- Are you, or have you recently been, symptomatic or in contact with known positive cases?
- Adhere to all general rules or guidance on social gathering limitations when working in the field, or person’s business or home.
- This in-person meeting was of no more than 10 people. (initials of person requesting in-person meeting)
- Maintained a 6-foot distance from between persons.
- Gloves and face coverings or masks were offered for any personal interactions.
- Any provided PPE was properly collected or disposed of.

This should be signed and dated, with location noted, by all persons.
 
 Reminder - Be sure and check with your state and local requirements, and consult legal advice as may be necessary. The following is not legal advice.

Overcoming COVID-19 and Business Continuation
First, we hope you and your families, friends, and co-workers are doing well in physical and mental health, as well as financially. This virus event is considered a 'pandemic outbreak' (new strain, and global). These terms sound alarming – and thus begins physical, mental, and emotional distress in many.
 
Distance Learning Resources from AFI-LLC
We links of distance learning available (also at www.InvestigativeCourses.com) - some were published in this issue of the NCISS Your Advocate at www.nciss.org/your-advocate-april-2020 (which also has some helpful information for members on COVID-19 resources. Some may not have time for webinars, and we have articles previously published available to PIs - email us associates@deathcasereview.com for the confidential link.
 
Special Information and Resources for the Corona Virus
We have also published all state of emergency resources we have found at www.PrivateInvestigations.org/corona-virus-resources.

• What is the COVID-19?
• Who is at risk?
• What are the precautions?
• As a small business owner, what can I do? 
• Families First Coronavirus Response Act
• What can I do for my family, friends, co-workers and neighbors?
• What resources are available for those at risk in mental health?

 
As family, friends, neighbors and business partners – we are concerned about you. If we can help in any way, please contact us and we will do our best to find the help and resources needed. Also, support your community and businesses. The potential future financial impact is unknown, and will be significant. It is important to now be part of your community.

Business Continuity and Networking – Yesterday, Today, and the Future!
Your agency and firm should be prepared for technical and environmental contingencies. The current state of emergency has left households and businesses uncertain. The following will help you adapt to a more streamlined business process, and adapted as part of your business continuity plan. Since 1987, our agency has grown and adapted to clients, judicial practices, legal investigation practices, business practices, and technology.
 
1987 – There were no cell phones or emails. Payphones and courtesy phones were everywhere. Fax machines were becoming common. How did we start business and stay in touch with clients? We used an answering machine which would page a beeper after a message, the message was retrieved, and clients called back within 15-30 minutes. pages me for return calls. Not much later, a numeric pager was added in which clients could enter their office number and then a code indicating their need and urgency.
 
1995 – Cell phones and email were becoming popular, and the used of beepers and pagers ended; however, emails were mostly personal and not business use. We added a fax machine and then used technology to enhance our communications capabilities on a single phone line – call waiting, selective call answering (assigned its own phone numbers and would ring the fax machine, cell phone, business calls, and home calls). A colleague in England shared how to tether a cell phone to a laptop for wireless access of databases and email. This was so unique, the law enforcement did not yet have Mobile Data Terminals (MDTs) and the local police department asked how we communicated in this way. Being the first agency in Colorado to offer this, our clients were pleased to have near instantaneous communications and answers.
 
In 1996 – just one year later, the first ability to add web-based fax sending and receiving was added (not via email). We were able to add this to our process serving – receiving pleadings with immediate urge needs to serve (with a mobile printer). We were able to forward our fax number to the web-based fax service and use the fax line as our data line for the online databases.
 
Jump to 2012 when we sold our home and traveled 27 states in our RV – and always making sure our clients were taken care of, and even improved. How did we do this? Learn more on these two blog articles, written during our travels.

• www.DeathCaseReview.com/afi-llc-blog/the-mobile-pi-tips-and-tricks-part-1
• www.DeathCaseReview.com/afi-llc-blog/the-mobile-pi-tips-and-tricks-2 
• www.DeathCaseReview.com/afi-llc-blog/the-mobile-pi-tips-and-tricks-part-3

 
This brings us to 2015 and today, as we were fully adapted to a 95% paperless office and also 95% cloud based with redundant data and communications backup. When the state of emergency was declared in Colorado and nationwide, we literally started work without any change to meeting our clients’ needs, and those of the associations and members we work with (Karen is also the Executive Director of NCISS and Administrative Manager of WAD – we were prepared and ready as a matter of our standard business practices. How did we do this?
 
Learn how we efficiently multi-task and maintain our daily activities for clients using these tools. Visit this article on our blog at www.DeathCaseReview.com/afi-llc-blog/time-is-money-multi-tasking-is-time-recovered!
- DropBox - http://DropBox.PrivateInvestigations.org
  or OneDrive - http://OneDrive.PrivateInvestigations.org
- Right Inbox for Gmail - www.RightInBox.com
- Desktop Texting - www.MySMS.com
- Ring Central Faxing - http://Fax.PrivateInvestigations.org
- Ring Central VOIP - http://RingCentral.PrivateInvestigations.org
- Toll-Free Numbers - http://Kall8.PrivateInvestigations.org (PIs - contact our office for more uses)
- ​Split View - www.SplitView.com

Part of daily activities and business continuity includes finding assistance outside of your area – location and specialties. Here are steps to take to find a vetted and reliable Professional Investigator:
1. Reach out to someone you professionally know and trust in the area or expertise.
2. Reach out to the state or specialty associations - join them.
3. Reach out to a national association - NCISS and NALI vet their membership to be in compliance with licensing and ethics - join them.
4. If international, reach out to WAD’s vetted membership - join them.
5. Vet your decisions, including through your associations network.
6. Don't throw your request for assistance out to unvetted groups in social media or generic listservs. Why trust your business and your client to the unknown?
 
Through our memberships we have a trusted network of thousands in almost every state and almost 100 countries. We have a very personal network of over 2000 PIs we personally know and trust.
 
Don't just join - be active! We are involved in every association we belong to - not just as members, but from committees to the board, and Karen is the Administrative Manager or Executive Director of two.

Here some of our memberships and recommendations, and members of these associations get preference for direct referrals - www.DeathCaseReview.com/Associations.
 
Special Distance Learning Opportunities
Due to the current state of emergency, all associations and training events have been canceled through June. The following are resources available for distance learning.

• PI Education offers courses for continuing education requirements. We have arranged with www.PIeducation.com for discounts on the death investigation course we developed, and a general discount for all of their courses. Please use these discount codes:

https://pieducation.com/product/equivocal-death-investigations
Coupon Code: DeathInvestigator for 20% off this course (expires 04-30-2020)
 
All other courses - Coupon Code: FriendsofDean for 10% off (expires 06-30-2020)

• The Hetherington Group (HG) has updated their OSINT webinar content into packages of core and advanced skill sets. These are now recorded sessions at your own pace and gain quality CEU's during quarantine. The packages offer 4 hours of continuous training. HG is offering a bonus 20-minute individual consultation for each participant.

www.hetheringtongroup.com/training/webinars

• Criminal Defense Investigation Training Council is offering discounted distance learning during this time. Primarily for criminal defense investigators, al investigative disciplines are welcome.

www.defenseinvestigator.com/distancelearning.html

• Investigator Ethics for the PI, Consumer and Client offered by Udemy and presented by AFI-LLC informs the student - from consumer to attorney, and interested to veteran private investigator - there are ethics which must be followed and apply to both investigator/consumer and investigator/attorney relationships. Ethics serve both professional and consumer protection. Only facts obtained ethically can be evidence - facts without ethics is not evidence.

www.udemy.com/investigator-attorney-ethics-for-the-consumer

• Basics of Skip Tracing, Backgrounds & Assets Investigations offered by Udemy and presented by AFI-LLC is designed for the person interested in becoming an investigator, and the new to intermediate experienced investigators. All general investigations use these basic concepts - making this an excellent beginner course. In the course will be taught how to the student will also be able to improve and increase their results of successfully closed cases. The goal is to introduce strong fundamentals to understand and apply the basic investigative concepts for skip tracing, background and asset & liabilities investigations.

www.udemy.com/skip-tracing-backgrounds-assets-investigations-101

• Basic Forensic Scene Photography offered by Udemy and presented by AFI-LLC is designed for the new and veteran private investigators, law enforcement, insurance adjusters and attorneys with an interest and need to document, or analyze, scenes and evidence using photography. This course covers the equipment and selection, processes and protocols, and legal considerations. This is important for any investigator conducting, or expert analyzing, photographs for litigation - forensic photography.

www.udemy.com/basic-forensic-scene-photography

• Equivocal Death Investigations offered by PI Education and presented by AFI-LLC. 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 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.

https://pieducation.com/product/equivocal-death-investigations

• S2 Distance Learning Portal is offered by Associates in Forensic Investigations in partnership with the S2 Safety & Intelligence Institute. These courses are specifically developed for distance learning.

http://afi.s2institute.com

• NW3C provides a nationwide support system for law enforcement and regulatory agencies tasked with the prevention, investigation, and prosecution of economic and high-tech crime.

www.nw3c.org/webinars#OnDemand

• National Institute of Justice On-demand events include online, self-paced training, and recordings of past events.

https://nij.ojp.gov/events/on-demand

• National Association for Public Defense provides weekly training and information webinars primarily for attorneys and investigators working criminal defense cases.

www.publicdefenders.us/calendar_list.asp

When we learn of new schedules, we will include them on our agency Facebook page and in future agency newsletters!

Restricting PI Access to Public Records
Growing nationally state by state is the drive of misinformed privacy advocates, legislators, regulators, and even governors to introduce restrictive - or outright bans - specific to private investigators in various records important to the work we do for our clients.
 


One such issue are driving records. Driven (no pun intended) by misinformation - and worse, assumption - several online media sources have published misleading stories of states making millions from the selling of personal data. We have expanded on this in this commentary. This is a rapidly growing trend - and it started with irresponsible and unprofessional behavior on social media platforms.

There are several online privacy and technology magazines which have been focusing on privacy, records, and private investigators. These concepts have somewhat merged to present a false alarm of the technology of records being easily obtained by private investigators and generating millions in revenue for states. This is not true. We will break this down. First, what started this damaging misinformation, and what has happened?

What started this misinformation?
In this case, and not solely - but from one of the articles - specifically stating they joined a closed PI group on social media. There they saw posts from private investigators asking how to obtain specific types of motor vehicle related records.
"Over 1,000 accounts have access to the [record provider] system, the contract adds. These accounts can be shared among multiple people at an organization, though. In a closed Facebook group for private investigators that [writer] gained access to, multiple posts include people asking for others to [obtain certain records] for them through their own access to [the record provider]." What was described - asking another PI to get information for them - is a violation of the record provider's Terms of Service. This activity of careless PIs is not the underlying problem - and is addressed by veteran PIs as soon as it is seen. The problem created was by the writer researching further, and assuming the information from the record provider came from a state department of motor vehicles. It does not - it comes from proprietary information used by law enforcement, repossession agents, and other legitimate uses for potential and current litigation. From this assumption, the writer made open records requests of over a dozen known states (from additional articles across various online publications). From these open records they found private investigators access these, and pay a fee. They then determined these state agencies make millions annually from these records fees.

What is wrong with these assumptions and misinformation?
As we pointed out - none of the information the articles posted about actually came from any state department of motor vehicles. However, PIs to legally make requests to these agencies for permissible purposes - which the articles do not point out to the readers (who are legislators and their constituents). Do these state agencies make millions of dollars? Certainly - and not from PIs or related (which is a very small percentage). The bigger customers are insurance companies, banks, collection agencies, and so on - PI's are way down the list. How and why can PIs - or these other companies - access these records? Its not as easy as making a request. There is a federal law - Driver's Protection Privacy Act - and every state has a similar law. The federal law requires a two-factor permissible test. For PIs this is usually: 1) licensed in the state in which they do business; and 2) for potential or actual litigation (there may be other reasons - fiduciary, probate, etc.). Every PI - every person or entity - making such a request has to meet the two-factor criteria.

These factors originate in other legislation - such as the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Consumer Privacy Act, Graham-Leach-Bliley Act, and a host of others - each having a state equivalent. What is released depends on the requestor (licensed PI) and their purpose (litigation) - and differs depending on each factor. Each state may be more restrictive than the federal legislation. For example, California does not provide address information (FYI - California was the first to pass a DPPA law, followed by Congress, and each state*). As little as 25 years ago it was as simple as making a request - any person (being in business 32 years, 25 years is not long ago). A PI in California did so for a client, who unknown to him stalked a celebrity and killed her at home. The California Association of Licensed Investigators (CALI), and the National Council of Investigation & Security Services (NCISS) had members (some the same for both associations) testify before committees, and were able to draft the multi-factor permissible purposes language for the mutual benefit of clients and consumer protection.

What is damaging about these assumptions?
California was one of the first states to announced plans to introduce legislation further restricting their state DPPA, which is already the strictest in the country. This follows California recently passing privacy legislation which mirrors the new EU consumer privacy protection laws. One of the most recent stories to be printed - and continuing the false narrative of millions being made from PIs on these records - targeted Vermont. Within days the governor announced he would be taking executive action to ban the access of these records by PIs. The state association,Vermont Association of Investigative & Security Services (VAISS) immediately contacted the governor's office to correct the misinformation and share the important work for the public PIs do using various resources of what is public information. Within five days the governor acted as promised, and the state legislature is drafting legislation to further restrict their DPPA permitted purposes - which includes prohibiting PIs. VAISS has also reached out to NCISS for advocacy assistance, and the National Association of Legal Investigators (NALI) for support. Several states, and Congress, are doing the same - either through legislation or regulatory rule making.

What are the benefits to these records?
First, a reminder there are restrictions by law and regulation, federal and state / local, and whether direct (our primary resource) or via data provider. These restrictions require permissible purposes with multi-factor authentication, and are audited.

Next, let's look at what what restrictions various associations have put on their members, and is part of our agency ethics - adopted from a 2012 resolution from NCISS; and every state PI licensing law prohibits accepting any case in which there is a protection order and may lead to the identity and/or location of the protected person(s):
"As Professional Investigators and Expert Consultants we shall, prior to providing a client any personally identifying or location information of an individual, conduct appropriate due diligence to ensure that the person has a legitimate business or legal interest in obtaining that information. When such due diligence is not possible or appropriate, or if the person appears to not have a legal or business interest, the person shall be informed that their contact information shall be provided to the subject they are seeking and the personal identifying information of the subject they are seeking shall only be provided to the person if that party consents.)"

Here is a short list of the most common investigative use of records:

• Obtaining Criminal Histories
• Locating Ill Gotten Gains
• Finding Witnesses and Parties to Litigation
• Obtaining Delinquent Child Support
• Locating Missing Persons
• Assisting ID Theft Victims
• Locating Missing Heirs
• Finding "Deadbeat Parents"
• Preventing Fraud & Fighting Identity Theft
• Workplace Violence
• Sexual Harassment
• Locating Debtors
• Finding Pension Beneficiaries
• Protecting Consumers

At times our profession can be our worst enemy, not with any intention - simply from the best of intentions. Whether trying to help a client or a colleague, there is always the risk our intent and use will be exploited by others - as has been. Having been in the profession for over 30 years, we have seen the good and bad books, movies, television, and the media can do - also often without intention and often for entertainment. However, there are always unintended consequences for any manner of the most seemingly benign carelessness or exploitation - and both.

What can PIs and Clients do?
Be professional, and use only professionals and professional resources. There are no shortcuts to professionalism.

Also, be involved. Join and support your state and national associations to better ourselves and our profession. Not just for continuing education, also for state and federal legislative advocacy. Here is a link to more on associations, their resources, and their value - www.DeathCaseReview.com/associations.

As an Investigator, Security Agency, Process Server, or related professional… have you benefited from:

• Having access to driving records and motor vehicle information from your state DMV and private data providers?
• Having access to databases with permissible purposes under the GLBA?
• Having access to Social Security Numbers, Birthdates, Address History and other important information, including credit reports?
• Carry a firearm in the course of your professional duties?
• Having the ability to use a pretext for undercover operations, shopping services and other permissible purposes?
• Used the National Sex Offender Registry (Dru’s Law) for background investigations?
• Used GPS, drones and other modern technology in your investigations and security services?

If you answered YES to just one of these questions, you have directly benefited from the more than 40-year history of every state association and NCISS - member volunteers and every member - and these associations also support each other. NCISS and state association members have provided responsive testimony to Congress and federal regulators, as well as state legislatures with similar issues at the state level. This type of advocacy cannot happen without the membership, and cannot happen on the generic listserves or social media groups.

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.

-----
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)