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Necessity of Due Diligence Investigations

4/30/2018

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One of the most fundamental skills, and staple offering, of Professional Investigators is the Due Diligence Investigation. These types of investigations range from personal to business clients - and personal to business subjects. Not including business due diligence - such as IPO or merger projects - most investigators find themselves learning and being able to specialize in Individual Locates, Backgrounds, Assets & Liabilities, and Heirs for Civil, Criminal and Probate litigation. Like most of our colleagues, it is also how we started. These types of investigations not only cover the basic skills and resources, but are also a necessity in almost every type of investigation conducted. They are also specialties in themselves, and share common practices, resources and methodologies. Learn the basics of one - and you will know the basics for another.

A good start is our book at www.ProfessionalLocateInvestigations.com - it is designed for the novice, rookie, and veteran investigator. We also highly recommend checking the offerings of other experts in these fields.

Some have seen the proliferation of online resources, open to the public, as a threat to these services. Having been in the profession for 30 years - we have seen this 'threat' and have met it head-on. Most often what is available to the public is unreliable and unverified. Services aggregate various public records and make them available by name - no other means to search or verify is available. These are not threats to us or our profession. In fact, they are beneficial. Our clients need accurate, verified and sourced information. There are no secrets from our clients - we may be testifying, or at least providing affidavits, as to our findings. We must also follow state and federal laws and regulations. This makes our profession and services even more valuable and necessary than before. No matter the availability of public information available, the core value is our ability to find information, private resources for information, and our ability to cross reference and verify information. No public online resource does so - and, in fact, their disclaimer all but assures you the information is likely inaccurate for any number of reasons.

Here is an example, from this month. A private client contacted us for two tasks, and one being multiple background checks of persons involved in an official death investigation. They had first paid $30 for each subject for an online records check - and all had felonies; we recommended they retain a local investigator to conduct the verifiable backgrounds. in a follow-up to a consultation, we learned they had retained a local private investigator and received a 'certified' background report, which they were told could be used in any court as evidence of character. After explaining how the admission of evidence, which a report is, works - the use of a 'certified' report and their context also caught our attention. The history of the case included some public officials and elected positions. The private investigator, not known to us, provided a report that stated an elected county magistrate had been dead for five years prior to signing a search warrant in the death we were examining. While on the phone with our client, we conducted a quick Google search of the name. Within five minutes we learned the client had been provided inaccurate information on her 'certified' report. It would have been embarrassing to bring to any attorney for litigation, or a court. The name, fairly uncommon, was the same as a person deceased as reported; however, it was not the magistrate - and never was a magistrate. The magistrate was alive, and was still presiding. This made all of the other subjects' background investigations questionable. We suggested the client contact the private investigator with the information we quickly learned. This was an egregious and serious error and should not have happened with a simple verification process.

Also this month, we were contacted by a political candidate to do opposition research. The candidate had also obtain a $30 online background check and learned the opponent had a historical bankruptcy in the state he had resided, until moving and running for office. The position involved fiduciary duties worth hundreds of millions in public funds. Of course, this would be concerning. After conducting our own, we did find a bankruptcy; however, it was not the subject. In fact, we found no negative information of the subject.

Individual Locates
Every case involving litigation, or potential litigation - from domestic relations to criminal defense and civil torts - has witnesses, parties and others that need to be located and found. Probate cases for heirs is simply determining who needs found, then finding them - except, most often even a basic name is unknown. Adoption cases, although similar to all of these, does take on a different scope due to the nature and secrecy of adoption, and confidentiality of records - and having less to work with than heir and probate cases. The scope of adoption cases are changing with social media, society, and laws. Those cases with witnesses are most often some of the easiest, as the subject is not actively looking to hide, and often does not realize they may be important to your case. Defendants, particularly in collection cases, and sometimes in adverse litigation, can be the most challenging in litigation cases.

Two unique areas of individual locates are adoption and heirs. Both generally start with knowing only the client - a decedent / estate, and the adopted person. Both of these require working backwards from known information in order to develop the subject's history, and then finding connecting information for relatives. As previously noted, these are hindered by resources and privacy protections. These also tend to use much more public records than the data resources available to professional investigators. Each of these are important to verify. In adoptions, finding and contacting the wrong person will happen; however, providing that information to the client unverified can result in serious issues. Similarly, in reporting unverified persons as relatives and heirs, without verification, will have serious issues - as there is a decedent's estate involved.

Individual Backgrounds
The need and purpose of a background check (records only) or investigation (records, and often interviews and more in-depth) has grown with various needs from litigation requirements to online dating. Sure, there is information and records available to the public; however, it is our expertise to find and verify information using reliable resources available to professional investigators that makes our services important and valuable to the client.

Conducting a background check and/or investigation is essentially the same as an individual locate investigation. The resources and skillsets are the same, and the goal of learning verified information about the subject is the same. There may be consent involved or required, and additional details will be known about the subject.

Assets & Liabilities
This is essentially the financial background of an individual, and will involve mostly public records. This is important, as private resources are not considered primary source and, in many cases, cannot be used. Private resources are excellent aggregators of information used to develop a subject's basic profile and then researching the appropriate resources to develop a financial picture of the subject. Often a client will ask for 'Assets' - as only assets can be attached to collect debt, seek a civil judgment, etc. However, knowing the subject's liabilities is as important - liabilities may be asset collateral not subject to being attached for a judgment, or in domestic relations both the assets and liabilities are to be reported by both parties - the unscrupulous tend to forget to include assets and only reveal liabilities.

There are many limitations to this scope of investigation, due to various privacy laws and regulations. As long as the investigator stays with known and primary sources, and verifies the information obtained, there should be no issues.

Key Commonalities
First, we need to define the distinction of a public vs. private record. A public record is maintained by a public agency - it does not imply it is publicly available. A private record are those aggregated from multiple resources and made available through a private data provider - it does not imply only private investigators have access. Public records (or contents) may be available, in some form, through private data providers. Federal and state laws and regulations provide for the legal means to collect, distribute, access and disseminate these records. Professional investigators will use a variety and combination of these resources to conduct and complete the assignment.

Each of these types of investigations is essentially taking the basic personal identifiers and developing a comprehensive and verified dossier of the subject. For each of these investigations, you will need to have - or develop - the following:
  • Full Name (Given, Middle, and Surname), any suffixes (Jr., Sr., etc.);
  • Date of Birth;
  • Social Security Number; and
  • Address History.

If you do not have this information, or have trouble developing any, use the best you have - middle initials, nicknames, age, last known address, etc. This information is used to develop new information, and also verify information given, obtained, and ultimately reported.

Laws and Regulations
Please be familiar with the applicable state and federal laws, and respective regulations in conducting your investigations. Of importance is different purposes of investigations have permissible and denied purposes, as well as reporting. An employment background may require releases from and notices to the subject, and may have limitations on what can be accessed, as well as reported - and may have time limitations for reporting. Just because the investigator sees the information does not mean it can be reported. What can be accessed for a pre-employment purpose is not the same as what may be for a person checking out a potential online profile for dating.

Most important, be certain of your client and their purpose. Even if the client is a close personal friend or relative, treat their case the same as you would a cold call for the same type of investigation. One ploy often used by persons with restraining orders is to have a background check done for someone they met online. First, they may not reveal their own real identity - that is your first verification: identity and a minimum of checking their history of negative concerns. Then, your duty to report does not include - and should not include - any personal identifiers or sensitive information. In fact, you may be specifically restricted from providing such information by the data provider and/or applicable laws and regulations. Internally, we do not take any cases that do not have an attorney of record - we suggest the same. However, if you opt to provide these services to the public - it is important to not release any sensitive information not already provided to you. This would include the 'confirm or deny' ploy - in which a nefarious client gives you a subject's address they dug up and asks you do a background. What they are actually seeking is for you to verify the address they provide you.

What do you do if you come across a situation in which a prospective client has contacted you, and you determine the subject may be endangered? This will depend on several factors - from if you were retained and confidentiality, to the nature of the concerns. Have an agency policy - and stipulations in your retainer agreement - for all circumstances.

The National Council of Investigations & Security Services, our professions national legislative advocate, adopted the following resolution, which should be guidance for all:
NCISS’ POSITION ON HANDLING LOCATE REQUESTS (09/12/2008)"A member shall, prior to providing a person 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 will be provided to the subject they are seeking and the personal identifying information of the subject they are seeking will only be provided to the person if that party consents."

Trust But Verify
This applies to potential clients, as noted above; however, here we are specifically addressing the information you receive and report. Of course we would like to trust our resources, especially those public records that are primary sources. However, mistakes are made from a person filling out a form, to the person entering the data, and finally the person extracting the data. Garbage in is garbage out.

Assuming those mistakes are not found or are resolved, of important next is verifying the information received as being complete, accurate, and applicable specifically to the subject. If there is something which cannot be verified, and is to be reported - be sure to note this in your final report. As noted in the examples introduced, and countless others we have all experienced, mistakes happen - but not verifying the information before reporting is not a mistake - it is a potential egregious liability. A person could be not hired, fired, denied housing, or other circumstances based on your report. Your report may be required by law and/or regulation to cite and include the source - and, many types of background investigations that may result in negative action, cannot use private data resources (and the Terms of Service may specifically prohibit their use).

Skill Building and Expertise
One of the earliest skills, and first areas of expertise, Dean self-taught and acquired were these areas. Together we have presented seminars, distance learning, articles and a book on this subject matter. This is a changing and growing area of expertise and each professional investigator must continually learn and adapt to better serve their clients.

Not only are these basic skills and services for every investigator, they are also a constant for the client. It is important to thoroughly research and familiarize yourself with the techniques, resources, and limitations to these investigations - and continually. A good start is our book at www.ProfessionalLocateInvestigations.com - it is designed for the novice, rookie, and veteran investigator. We also highly recommend checking the offerings of other experts in these fields.

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NCISS 2018 Annual Meeting and Hit the Hill

4/2/2018

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The NCISS 2018 Annual Meeting and Hit the Hill event was held in Washington DC from March 19th to March 21st.

Monday was the Board meeting, following by the Annual Meeting and elections.

Tuesday was the Hit the Hill with each member visiting the offices of their Senators and Representatives. Also on Tuesday was the special luncheon and presentation of the "Duffy Award" inside the US Capitol building, and an afternoon reception, also in the US Capitol building.

Wednesday brought some unexpected challenges. Inclement weather overnight resulted in cancelled and changed flights, and having to adapt the schedule for our members. The new Board meeting was held, followed by the presentation of the Vinson Award and the Wunder Award, swearing in of Officers and Directors, followed by special speakers - Terry Kilburn for Tracers Information Specialists, and Cynthia Hetherington for The Hetherington Group. Tim Dimoff, for SACS Consulting and Investigative Services, was scheduled to speak and instead yielded his time so Cynthia could give her full presentation (one consequence of the weather and schedule change). Tim has agreed to come back next year.

Here are some photos and videos of this years events - NCISS_2018_HTH_Photo_Album

NCISS 2018 Annual Meeting - Elections
At the Annual Meeting, held March 19th, NCISS held its Annual Meeting and Hit the Hill event in Washington DC. As part of the Annual Meeting, elections were held and awards presented.
 
Officers (serving one-year terms):
  • President - Brad Duffy
  • 1st VP - Andrea Orozco
  • 2nd VP - Chris Reynolds
  • 3rd VP - Wes Bearden
  • Treasurer - Candace Ivey
  • Secretary - Mark Gillespie
  • Board Chairman - Terry Myer
 
Regional and At Large Directors (serving alternating two-year terms)
Mark Gillespie (Region 4 – AL-AR-MO-LA-MS-NM-OK-TN-TX)
Michael Julian (Region 6 – AK-CA-HI-ID-MT-OR-NV-WA)
Tim Gilbert (appointed to Region 1 – IL-IN-MI-KY-OH-PA-WV)
At Large Directors – Dean Gluth and Tawni Tyndall
Installation of elected Officers & Directors by President Brad Duffy
https://youtu.be/AUMEQnDD7mE
Swearing in of Brad Duffy (r) by Michael Duffy (l)
President 2018/2019
https://youtu.be/_7N6MW6xnd8
NCISS 2018 Awards (www.NCISS.org/awards)
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John J. Duffy Memorial Achievement Award (www.NCISS.org/john-j--duffy-memorial-achievment-award)
This year, the committee of the "Duffy" past recipients selected two persons - U.S. Capitol Police Special Agents Crystal Griner and David Bailey. for their acts in stopping a shooter and saving the life of Rep. Scalise and others at the softball practice on June 14, 2017 in nearby Alexandria VA.
 
This award was presented during the Hit the Hill luncheon, in the US Capitol Building. Giving the keynote address was Rep. David Young (IA) and presenting the award was House Majority Whip, Rep. Steve Scalise (IA).


Presentation of the John J. Duffy Memorial Achievement Award
Special Agents Crystal Griner and David Bailey
United States Capitol Police
March 20, 2018 – United States Capitol, Senate Visitors Center
https://youtu.be/6bgxzKqoTqg

Wayne J. Wunder Memorial Award - Andrea Orozco (www.NCISS.org/wayne-j--wunder-memorial-award)
The award recognizes exceptional contributions to NCISS by members who characteristically are not in the forefront in terms of recognition. This year the committee of the “Wunder” past recipients selected 2nd Vice President, Andrea Orozco. Her steadfast leadership and accomplishments on behalf of the Council and the profession epitomize what the Wunder family originally had in mind for recipients of the Award.
 
Here are some comments from NCISS leaders who have worked with Her: “When she says she will get it done – it gets done.” “She goes outside the box for solutions – and this is reflected in her tenure as a Board member.” “She is always thinking of others first.”“She quietly goes about her work and never cares about taking credit.” and “The Council owes her a lot over the past several years and she will play an integral part in securing its future.”
 
Presentation of Wayne J. Wunder Memorial Award by past recipients Brad Duffy and Michael Duffy:
https://youtu.be/P7whQoGSDyo
Vinson Award - Brandy Lord (www.NCISS.org/vinson-award-for-outstanding-service)
The award is presented annually since 2012 to an elected Director, Committee Chair, or other member in recognition of outstanding leadership, dedication, and service to the National Council of Investigation and Security Services. Selected by the Executive Committee, this year’s award was presented to At Large Director, Brandy Lord.
 
Brandy is alternatively described as “dynamic” and a “powerhouse.”  An unabashed NCISS supporter who knows the importance of the Council’s existence and lets other professionals know every chance she gets.  She is a respected President of her state association in Indiana and a recruiter extraordinaire for the Council.
 
Presentation of Vinson Award to Brandy Lord by the first and most recent recipients, Dean Beers and Terry Myer:
https://youtu.be/ujQo3HMUObI
NCISS is now on social media!
Facebook – https://www.facebook.com/NCISS.Association (please note the period between NCISS and Association)
Twitter – https://twitter.com/nciss_assoc @nciss_assoc (please note the underscore between NCISS and Association)
YouTube – https://www.youtube.com/channel/UC3lsMjDxG-rGTU3enyVfgcg
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