Working PI Magazine - Issue 5 by Working RE Magazine

Pr ivate In vestigato rs

Fall 2023, Vol. 5

INVESTIGATIVE FACTS UNMASKING THE MYSTERY

of Hidden Assets

INVESTIGATOR Heads to the Nevada Supreme Court

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PUBLISHED BY

Fall 2023, Vol. 5

Serving Private Investigators

4 5 6

We Know Insurance | OREP.org

Publisher’s Note by Isaac Peck, Publisher

Contributors

Investigative Facts

10 14 18 20 26

by Dean A. Beers, CLI, CCDI, CFDI-Expert and Karen S. Beers, BSW, CCDI, CFDI-SME

Unmasking the Mystery of Hidden Assets by Kelly Riddle, Kelmar Global

My Client Wants a TSCM Sweep. What Do I Do? by Kevin D. Murray, CPP, CISM, CFE, CDPSE

Risk Assessments as a Revenue Generator by William F. Blake, MS, CPP, CFE

COVER STORY: Investigator Heads to the Nevada Supreme Court by Kendra Budd, Editor and Isaac Peck, Publisher

The Value of a Professional Certification by William F. Blake, MS, CPP, CFE

How to Find a Missing Person by Sarah Datta, Pursuit Magazine

32 36

Private Investigator Uncovers Dark Prison Secrets by Kendra Budd, Editor

Romance Scams: Catfishers, and Bigamists, and Money Launderers, Oh My! by Kendra Budd, Editor

Professional Marketplace

Mission Working PI is published to help readers build their businesses, reduce their risk of liability and stay informed on important technology and industry issues.

Write Us at Working PI Comments and letters are welcome. All stories without attribution are written by the Editor.

Publisher Isaac Peck | isaac@orep.org Editor Kendra Budd | kendra@orep.org Senior Graphic Designer Ariane Herwig | ariane@orep.org Graphic Design Associate Maria Cornelia | mj@orep.org

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Working PI is published by OREP Insurance Services, LLC (Calif. Lic. #0K99465) and mailed to 25,000+ private investigators nationwide. The ads and specific mention of any proprietary product contained within are a service to readers and do not imply endorsement by Working PI. No claims, representations or guarantees are made or implied by their publication. The contents of this publication may not be reproduced either in whole or in part without written consent.

Working PI | Fall 2023

PUBLISHER’S NOTE

In Service to YOU By the time you’re holding this magazine in your hands, the OREP Insurance/Working PI magazine team will have attended over a dozen private investigator conferences and events across the country this year—meeting so many talented and professional investigators along the way. When I was attending the Texas Association of Licensed Investigators (TALI) annual conference in San Antonio, Texas, in early October, I met a private investigator from New York (Here’s to you Eileen!). She had seen the listing of conferences in our Summer 2023 issue of Working PI, decided on a city she wanted to visit, and purchased a plane ticket all the way to San Antonio to attend TALI’s conference! Wow! I was impressed. It was particularly meaningful to me because that’s exactly what we’re trying to accomplish with this publication. We print and mail 25,000+ copies of every issue of Working PI and our goal is to reach over 60 percent of all active private investigators in the United States. We want to reach across specific association ties and paid subscription models—to be a resource to all private investigators—sharing information, the latest news, tips, advice and helping PIs connect with each other, whether it’s through valuable information-packed articles or attending conferences in another state! On that note, as you make your plans for 2024, I highly encourage you to attend a PI conference in the coming year. There are so many opportunities to network with other professional PIs, learn the latest tools and techniques, and even get more business. You’d be surprised how often well-networked PIs refer work to each other. To serve you better, we are excited to announce the launch of a new resource. We have just launched SpyToolCenter.com, a new website that supplies the latest tools and products for private investigators, including LawMate gear. Do you need to restock on covert cameras, recording devices, GPS trackers, or self-defense gear? Check out SpyToolCenter.com and see what we’ve got for you! Use Coupon Code “SPYSAVE15” to save an extra 15 percent off through the end of 2023. I hope you enjoy this issue of Working PI. If any of these stories catch your interest (or even if they don’t!), please write to me at isaac@orep.org. We are always looking for good stories, so if you have a story idea or you’d like to contribute an article, please email Kendra Budd, our Editor at kendra@orep.org. Lastly, if you’re a professional investigator, we strongly recommend you carry liability insurance. We can help with that too at OREP Insurance (OREP.org—includes E&O and General Liability coverage). At your service,

Isaac Peck Publisher of Working PI and Senior Broker at OREP Insurance

Working PI | Fall 2023

CONTRIBUTORS Isaac Peck Isaac Peck is the Publisher of Working PI magazine and the President

Dean and Karen Beers Dean Beers founded Associates in Forensic Investigation in October of 1987, and Karen Beers joined the agency in 1996. Since 2008 they have specialized in Expert Consultations and Legal Investigations nationwide in Personal Injury, Negligence & Death in Civil, Criminal and Probate litigation. Together they developed the Certified Forensic Death Investigator (CFDI) Program exclusively for Criminal Defense

and

Senior

Broker of OREP.org, a leading provider of E&O insurance for the PI industry. Working PI is the most widely read print magazine for investigators nationwide, reaching over 25,000 PIs. PIs who become OREP Members enjoy an 8-hour CE course at no charge (Visit OREP.org/PI-Members for details). Reach Isaac by email at isaac@orep.org or call (888) 347-5273. CA License #4116465.

Sarah Datta Sarah Datta is a writer from San Diego, California. As editorial intern at Pursuit Magazine in 2022, she interviewed and profiled a wide range of subjects, including a war crimes investigator, an FBI hostage negotiator, an arson investigator, and an Innocence Project attorney. She now studies statistics at Boston University and writes for the student newspaper The Daily Free Press.

Investigators, have developed additional training courses, and authored articles and

William F. Blake, MS, CPP, CFE

books in these areas.

William F. Blake has over 60 years of experience as an investigator and security consultant. He is a retired U.S. Army Chief Warrant Officer, where he was a Criminal Investigation Special Agent field agent, Operations Officer, Unit Commander, Staff Officer, and Criminal Investiga-

Kelly E. Riddle

tion Instructor. He was certified by examination in 1986 as a Certified

Kelly E. Riddle is the President of Kelmar

Protection Professional by ASIS International and in 1990 as a Certified

Global and the PI Institute of Education,

Fraud Examiner by the Association of Certified Fraud Examiners. He is a member of Intellenet.

training more than 7,500 PI’s since 1989. With more than 41 years of investigative experience and author of 16 published books he is only one of 50 PI’s who’s a Texas Certified Investigator. Riddle is also the founder and President of the Council of Association Leaders, Association of Christian Investigators, and a graduate of University of North Alabama where he earned a Bachelor of Science degree in Criminal Justice.

Kendra Budd Kendra Budd is the Editor of Working PI magazine and the Marketing Coordinator for OREP, providing E&O for over 12,000 professionals in the US. She graduated with a BA in Theatre and English from Western Washington University, and an MFA in Creative Writing from Full Sail University.

Kevin D. Murray CPP, CISM, CFE, CDPSE Kevin D. Murray, CPP, CISM, CFE, CDPSE, is an independent security consultant providing eavesdropping detection and counterespionage services to businesses, government and at-risk individuals. His firm, Murray Associates, is headquartered in the New York metropolitan area and assists clients anywhere in the US and internationally.

Fall 2023 | Working PI

Investigative Facts by Dean A. Beers, CLI, CCDI, CFDI-Expert and Karen S. Beers, BSW, CCDI, CFDI-SME

“Physical evidence is said to speak for itself. However, it doesn’t speak to the whole story. Circumstantial evidence, a collection of indirect evidence, may tell a better story.”

Investigations are not about a single

fact, a single source, a single report, or a single photograph. One may be important; however, it is the cumulative information of multiple facts, sources, reports, and photographs—clusters— which make the investigation. Whether a personal injury, accident, homicide or suicide, the myths may overshadow the facts. Our judicial system is based on multiple empirical facts—both direct and circumstantial. These facts are the map to the truth, and are as close as can be determined. Is a single frame from a video, or a single statement from a report a fact? Yes. Are they conclusive? Possibly, but usually not. Perspective, no pun inten-

Working PI | Fall 2023

ded, is another way to look at this concept. If you have a single photograph or video frame, the perception may be a person reaching for a weapon. As the perspective changes from one angle to another, so does the perception of the person who was buttoning their shirt—this is true of witnesses and is, in part, why they see and hear different things from the same event— perspective and perception. When interviewing witnesses in a personal injury case, such as a motor vehicle collision, it is important to know their position and how their surroundings may have influenced them. For example, a passenger in a vehicle making observations will be different

from the driver. A pedestrian on one corner will have different observations from another witness at the opposite corner, even if they’re standing right next to them. Never ignore a potential witness because you think they saw or heard the same thing. We often hear this from other witnesses, such as a driver on a traffic accident report disclosing an unlisted passenger and telling us they saw the same thing. The fact is, they didn’t—they see and hear different things. These may be exculpatory or inculpatory to your client. The same holds true for a criminal defense case—facts, multiple facts. These page 8

page 6 facts will tell a story, and the accuracy of the story depends on the presentation and interpretation of the facts. Here, let’s talk about physical evidence, which applies to all types of litigation and is most often seen in criminal litigation. Physical evidence is said to speak for itself. However, it doesn’t speak to the whole story. Circumstantial evidence, a collection of indirect evidence, may tell a better story. Physical evidence can be direct or circumstantial, and even a combination of them. For example, as the story goes, a hunter in a cabin wakes up and sees rabbit tracks in the snow. This is pretty simple and demonstrates physical evidence being direct evidence: a rabbit had been there. Is this the whole story? No, there is more to the story if the right observations and questions are asked. First, how many sets of tracks? Are any coming to the cabin or only from the cabin? Next, how was the hunter certain they were rabbit tracks? When did the hunter go to bed? When did it start snowing? Had it been before or during his sleep? Through simple questions, you learn a rabbit crossed in front of his cabin after it started snowing and after he went to bed. In a criminal defense case, a timeline is important and is usually a collection of circumstantial evidence and empirical facts together with direct evidence. In a homicide case the victim is found in the front yard, face down, with multiple gunshots to his back. The assailant ran and the event was not witnessed visually, only audibly by various neighbors citing multiple gunshots. Some stated there were t wo shots, a pause, then one more; others stated they heard them all rapid fire but didn’t count the shots; some had different counts altogether. From this crime scene investigation, it is concluded the victim, who resided at home, was walking to enter his house and was surprised from behind and shot multiple times in a robbery attempt. However, the victim’s wallet, some cash,

Working PI | Fall 2023

and drugs were still on the body, indicating the assailant was interrupted— probably by neighbors, before taking what he could from the victim. No firearm was recovered, but three casings were. A suspect was identified, arrested, and charged. A preliminary hearing was held and various law enforcement detectives testified to the above. Furthermore, a neighborhood canvass found no eyewitnesses and no other evidence of a robbery. The defendant was identified as someone who had departed a bus stop just one block from the crime scene and was seen on the camera walking towards the house just minutes before the shots were heard. When asked about the gunshot wounds and trajectories, no detectives could answer directly, only what they observed on scene, which were three gunshot wounds to the back, with one being ‘execution style’. The defendant was charged with first degree murder, as well as other charges (felon in possession of a firearm, aggravated robbery, etc.). Then, the independent investigation happens. In reviewing the law enforcement and medical examiner records, reports, and photographs provided by the prosecution in discovery, several key facts are learned: • The defendant and victim did know each other. • The autopsy report showed the trajectory of two bullets from front to back—both to the chest, with one exiting (perforating) without being recovered, and one recovered (penetrating); and one bullet was back to front and also exited, and was recovered from the ground by law enforcement after the investigator found it. • From this, the sequence of events was at least two shots from the front first, followed by one shot from the back after the victim had fallen to the ground. • Further trajectory analysis, with consideration of various possible movements of the shooter and victim, would be completed and show the shooter directly in front of the victim

and then standing approximately at the shooter’s feet when he was on the ground. These facts not only dispute but completely disprove the official narrative of multiple gunshots from behind the victim, surprising him. The facts themselves do not tell anything more— they do not tell who the shooter was or the motive. An additional independent investigation was conducted, including a neighborhood canvass developing two different witnesses who also only heard the gunshots, two doorbell cameras recording the defendant in the direction from the bus stop to the victim’s house, and re-interviewing reported witnesses. Additional witness statements included information the victim may have been dealing drugs from his house and had no set schedule. One reported seeing the defendant at the home recently. Before trial, it was asserted the shooting was in self-defense. The defendant stated he went to the victim’s house to buy drugs and the victim became angry when he didn’t have all the money owed. The victim pulled a gun from his back and they wrestled for it. The defendant got the black semi-automatic gun, and when the victim came at him, he shot twice, then started to run—only pointing the gun at the victim on the ground and shooting again out of fear of being chased. He then threw the gun in a dumpster in an alley across the street. The facts in this scenario did not change; how they were investigated and interpreted were. Additional facts were presented from a further independent investigation that presented both perception and perspective, disproving the prosecution’s theory and developing the defense theory. From this, the charges may be dropped or amended, a plea offered, or a trial to follow. How and if each of these plays out should be based solely on the facts, not only perspective and perception— empirically supporting each other.

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Unmasking the Mystery of Hidden Assets by Kelly Riddle, Kelmar Global

“Part of the investigator’s job is keeping the client focused and reasonable.”

The thought of conducting a hidden

asset investigation can send shivers up the spine of many good investigators. The word “hidden” almost conjures up a thought process that the assets can’t be found because they were intentionally concealed. Sometimes this is true, while other times the assets are simply not in a convenient place for us to find them. There are a variety of reasons for conducting hidden assets investigations and these types of investigations are great for cross-selling. For instance, if you were hired to check the activities of your client’s spouse and you conclude that the person is having an affair, you should suggest to your client that they conduct a hidden asset investigation.

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This benefits your client by giving them a total picture of their assets and benefits the investigator by providing more work. I have been involved in numerous cases where the hidden asset investigation turned up more than one million dollars in assets that the spouse did not know about prior to the investigation. There are a variety of reasons a client may have you conduct a hidden asset investigation. Most times, this is done in an attempt to satisfy a delinquent debt or judgment. Insurance companies conduct hidden asset investigations, called “subrogation,” whenever they pay for the damages their insured received due to the other party be-

ing uninsured. The insurance company then tries to locate assets to reclaim the money spent on their insured. Businesses may conduct hidden asset investigations before entering into business dealings with another company or person to make sure they are stable. Regardless of the reasons, hidden asset investigations can be a good source of income for an investigator. During the initial consultation, many clients will often request that the person’s credit report be obtained. Obviously, this can’t be done legally unless you have their written permission or there are certain other criteria. At this point, you know that the client

is trying to determine what the person’s financial picture is, and I typically advise the client that we can provide a “financial profile.” Although we cannot access their credit report, other records can give you information about the person’s financial status. For instance, if you check the District Civil and County Civil records and find that the person has several lawsuits against them for failing to pay debts or failing to pay taxes, you can assume that this is a characteristic of that person. By building on this, you can provide the client with an overall profile of the person’s financial responsibility. Conducting a hidden asset investigation is simply following the basic rules of investigations. You have to start with the known information and work towards the unknown. The investigator should also understand civil laws in their state

to ascertain whether or not time and money should be spent investigating other subjects who may be hiding assets for the subject. For instance, is your state considered a community property state? If so, the person probably would not hide assets in the name of their spouse, as half of the asset is already theirs by law (assuming they are trying to hide assets during a divorce). Most states have guidelines regarding transferring property into another person’s name prior to a bankruptcy, judgment or other related civil action. Normally, if the assets were transferred within six months to a year of the civil action, they are considered part of the civil action. Part of the investigator’s job is keeping the client focused and reasonable. It is not uncommon for a client to provide a list of 20-30 people they think could be hiding assets. Obviously, the cost to

check each of these people would be enormous and is probably futile. The investigator must therefore encourage the client to provide only those names that are prime candidates for hiding assets and to think of people in the subject’s past that they trust. A lot of who the person uses to hide assets depends on the value of the asset and the type of asset. If the asset is a large boat or airplane, they may have the vessel taken out of service for maintenance and an agreement for storage worked out with the mechanic. The person may have a small amount of cash and this is typically given to a confidant to hide for them. Large amounts of cash are placed in off-shore accounts, structured investments and related hiding places. page 12

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page 11 The investigator should star t the search with known information, such as the person’s current address, name and social security number. All addresses should be checked through the appraisal district to determine the actual owner of the property. If the subject is found to own the property, the investigator should then check the records to determine if there is a mortgage holder or lien holder listed on the property. Even if there is, a phone call should be made to the institution to make sure that the note hasn’t been paid off and the property is free and clear. Remember, the first three numbers of a social security number tell you which state the number originated in and therefore guides you to another geographic area to investigate. I had a case where a bank loaned a subject from Louisiana $750,000 to build a strip-center-type mall. The subject never built the mall and hid the money. I tracked the subject’s asset trail all

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over Louisiana and Texas and could not locate the money. While combing over the file for a piece of evidence that would open the door, I realized I had skipped the obvious. I checked his social security number and found it originated in North Carolina. After conducting some quick record checks, I discovered that his mother and brother were living North Carolina and I soon located the bank where he had hidden more than $500,000.

trash in his dumpster and found reports detailing all of the houses constructed over the past three years, current construction projects, total expense, total profit, number of properties listed by the real estate company, total revenue generated over the past three years, a list of employees, telephone records and much more. Of course, the investigator should keep in mind trespassing laws. In this case, the dumpster was in an office complex readily accessible.

The person’s movements will provide insight into where assets may be hidden. By checking their social security number, driver’s license history, determining where they travel and related information, you may soon discover the location most likely used to hide assets. Another useful tool is “dumpster diving.” In a recent case, we were hired to check the financial status of a subject who owned a real estate company and a custom home-building company. One evening, we gleaned through the

Public records should be researched for any clues related to assets and should include the following: 1. District Civil Records Check for cases involving divorce, debts, judgments, damages, auto accidents, business disputes and related cases. Even if some of these cases are old, pull the file and research the enclosed information. In many cases, the subject has to prove their assets or damages and provide financial information. In one case, I reviewed an

old divorce case and found that the subject raised Arabian horses. Armed with this knowledge and the internet, I found his website and determined his current ranch and stable location. 2. County Assumed Name Records A check of these records will provide information about any alias names or “doing business as (dba).” If you find a listing for a business, review the actual record to determine what address the subject used and if they listed any partners. 3. County UCC (Financial Statements) If a person obtains a loan and posts any type of collateral, this information is often filed in the county financial statements. If a record is found, pull the actual document to determine what assets were posted. Next, follow up to see if the note was paid off and if the asset is free and clear and still owned by the subject. 4. County Deed Records These records deal with the purchase and sale of property. However, in most jurisdictions, much more is included in these records. Other information often included in deed records include gifts, garnishments, power of attorneys, liens, judgments, mineral rights, etc. Even though the record may indicate that the person sold the property, the investigator should note who the property was sold to as this may be a friend being used to hide the property. The bank involved should also be noted, as this may tell you where the person does most of their banking. 5. County Brand Indexes Most counties require livestock brands to be registered. One case that I worked on was successful because I took the time to check this index. I found that the subject had a registered brand and I called a local feed store in his area and determined where the subject had his cattle. I drove to the area and found oil wells pumping on the land. I took photographs of the cattle and the

oil wells, along with all of the related equipment on the land. 6. County Tax Assessor Check the tax assessor’s office to determine any property the subject may be paying taxes on, including automobiles. This doesn’t necessarily mean he owns the property simply because he is paying the taxes, but logic would tell you that he has some kind of financial tie to the asset. 7. County Appraisal District I use this to cross-check the information in the deed records and the tax assessor’s records. If property is found, the appraisal district appraises the property’s value for taxation. Be sure to check the record to determine if the subject’s mailing address differs from the property address. 8. Local Police Department Run a “name survey” through the local police department for at least the past year. Ask for a list of every call associated with the person’s name. You may discover that police were called for a dispute at a rental house or other location with which the subject may have financial ties. 9. State Comptroller’s Office The records will provide any businesses associated with the subject, mineral and franchise assets, whether the subject is or was a state employee and related information. 10. Secretary of State The record will provide information related to any businesses associated with the subject. 11. State Parks + Wildlife A check with their office will provide any boats registered to the subject. Additionally, the records will provide any information related to any hunting or fishing license. The investigator should determine where the person purchased the license as this may reveal a different part of the state where they may have a ranch.

12. Federal Civil + Bankruptcy Records A review of the records will provide insight into the subject’s financial responsibility. If a bankruptcy file is found, review the actual file as information about credit cards, hobbies that produce income and all other debts and assets will be listed. A quick phone call can verify whether the asset still belongs to the subject. The investigator should recognize that any information obtained through the internet is an unverified source. It needs to be confirmed and correlated with other information. Also, most of the information on the internet is not designed to be complete and should therefore be conducted in conjunction with public record sources. Hidden asset investigations are very complicated and time-consuming. However, they are not as complex as we are often led to believe. The searches outlined herein are only guidelines and many times, the investigator will reveal information through these searches that require additional searches of action to be taken. Good luck and great hunting!

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Fall 2023 | Working PI 13

My Client Wants a TSCM Sweep. What Do I Do? by Kevin D. Murray, CPP, CISM, CFE, CDPSE

“The Competent TSCM Consultant will help you interview and select a competent TSCM security consultant who will be your adjunct security partner. ”

You know almost everything about

private investigations, but what about a request from your client to debug the company oﬃces, vehicle, or residence? That can throw even the most seasoned PI professional for a loop. Solution: Partner with a Technical Surveillance Counter Measures (TSCM) professional. They can help you ensure privacy and security. Remember, your list of contacts and connections is one of the things that makes you valuable and respected. Besides, being able to manage and assist with technical information security inspections is a very important, and interesting part of your job.

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A Sweeping Problem Business espionage is a growing concern, yet it’s mistakenly considered an IT department problem. The information IT protects was vulnerable to theft long before it was put into computers. What people talk about, and with whom, provides the most valuable information. Electronic eavesdropping has become cheap and easy. Spy gadgets, such as digital bug transmitters, GPS trackers, micro voice recorders, and covert video cameras, were once expensive and hard to come by. All are now available online for under $100. The better ones use Wi-Fi or cell phone networks as their communications conduits.

Step 1: The Surprise Request “Get the place swept for bugs.” Your boss wants operational privacy and security. Management knows a technical information security inspection (TSCM bug sweep) is the accepted way to solve electronic eavesdropping and remote surveillance concerns. (Word travels fast in boardroom circles.) They trust you know how to get this done. No problem. You can. Step 2: Conduct a Due Diligence Search The Competent TSCM Consultant will help you interview and select a competent TSCM security consultant who will be your adjunct security partner.

In short, this person or company will specialize in electronic eavesdropping detection, information security, and nothing else. No gadget sales. No tangential security services or vendor aﬃliations. Success depends on forming a partnership with a competent specialist. (To access the Competent TSCM Consultant, visit: https://counterespionage. com/competent-tscm-consultant/) Step 3: Conducting the Inspection A technical information security survey is usually conducted after normal business hours. This avoids business disruptions and is why most people are unfamiliar with the service. Inspecting after hours also gives the specialist a clear view of other present information security vulnerabilities. Be aware that it is very rarely necessary to sweep an entire building. Create a priority list of the sensitive locations requiring a detailed inspection. For example, the radio-frequency inspection for covert transmissions and Wi-Fi security gaps may cover the entire building by default. Not every square foot requires a detailed physical inspection. Intelligently narrowing the specialist’s attention to the most sensitive areas provides focus and better results—keeping the project cost-eﬀective. Also determine the proper frequency for quarterly or biannual follow-up inspections; then, the consultant can prepare a written proposal for the entire protection strategy, with costs for subsequent inspections of the same areas being about 10-25 percent less. Expect the professional service fees to be approximately $2.80 per square foot for a small survey area for the initial inspection to $1.25 per square foot for an extensive area. The Inspection Process In the movies, bugs and wiretaps are quickly located as clever actors seem to know where to reach under the table. The more technically oriented actors are equipped with bug-finding “ubergadgets” fresh from the lab. But your

inspection—the real thing—will proceed a little diﬀerently. Information (visual, audio, and data) can be transferred from sensitive areas in various ways, so no test or gadget will detect every method. Specialists may use the following methods during an inspection: • Radio-Frequency Spectrum Analysis —A search for surveillance devices that transmit information via radio waves. Cellular, GPS, Wi-Fi, and Bluetooth bugs fall into this category. • Thermal Emissions Spectrum Analysis —This infrared detection technique reveals the heat emitted by active electronic circuits. Heat signatures can be seen even when devices are hidden behind walls, on top of ceiling tiles, and hidden in furniture or other common items in the area. • Communications Systems Analysis— This is the umbrella category for a group of inspection tests to identify surveillance transmissions piggybacked on items like: Wi-Fi, telephones, faxes, computer networks, etc. • Mapped Physical Inspection—Areas are systematically segmented for physical inspection. Each area is combed with several objectives in mind: locate hidden sur veillance devices, find evidence of prior installations, note future sur veillance vulnerabilities and report on other security issues observed. Even with all the technology available to the TSCM specialist, this remains the most important part of the inspection process. Nothing beats an educated brain combined with sharp eyes. Anyone can buy eye-catching equipment. Don’t be dazzled by that alone. The most important indicators of a professional inspection are the consultant’s technical security knowledge, experience, intelligence, and reputation. For example, a transparent thread in a drape or carpet may look normal. A good technical investigator, however, will suspect a fiber optic microphone and search further. • Non-Linear Junction Detection—Ar-

eas physically examined are re-examined using a non-destructive radar technique. This is called nonlinear junction detection, with the instrument normally referred to as NLJD. This reveals semiconductor electronic components, transistors, diodes, etc., which are the building blocks of electronic surveillance devices. Devices hidden in or built into furniture, ceiling tiles, and other objects can be identified with this technology even if they are not active during the inspection. • Debriefing and Documentation—You should receive a verbal debriefing upon completion. A detailed written report should arrive within a week. Your written report should include a list of locations inspected, findings, information security observations, recommendations and resources to fix any problems, and an explanation of the inspection methodology and instrumentation used. Most inspection reports will also include illustrative photographs to document any issues discovered. Your report is proof of your organization’s due diligence. It is also powerful in court to show you have fulfilled the requirements for business secret status, necessary for legal protection. Last-Minute Sweep Needs Sometimes, your client will require peace of mind quickly. A check of a hotel room, vehicle, or a last-minute meeting in the company boardroom, for example. A PI professional can handle the request by setting up a hybrid strategy in advance. Here is how it’s done: partner with a TSCM specialist. Have them handle the quarterly deep sweeps. During this time, they can provide you with summary quick-sweep training so you can conduct summary TSCM inspections on-demand. The specialist may also suggest some moderately priced basic tools and instrumentation for last-minute sweep use. page 16

Fall 2023 | Working PI 15

page 15 An additional valuable skill for PIs is Spy Camera Detection. It is the easiest TSCM skill PI professionals can obtain, and they can do it independently. This skill does not require extensive training, or costly equipment. Pros: • PIs can effectively discover low-level threats like quick-plant bugs, voice recorders and GPS trackers. • They can conduct quick, last-minute inspections of areas like conference rooms, vehicles, and hotel rooms. • The simple instrumentation and training required is low-cost. • Direct access to professional help is available when questions arise, and professional advice, or an independent second opinion, is readily available when something is found. • Free remedial training for in-house personnel during the outside TSCM

specialist’s scheduled inspections. Cons: The TSCM hybrid solution works when: • PIs are capable and enthusiastic about the additional work. • The simple instrumentation needed is kept current and in good repair. • Regularly scheduled inspections are handled by a professional TSCM firm. Benefits: Today’s TSCM technical information security inspections are more advanced than the old-style TSCM. To be valuable to your client you’ll need to form a partnership with a specialist. In addition to finding proof of intelligence collection activities, technical information security surveys fortify your PI services by: • Confirming the eﬀectiveness of current security measures and practices. • Enhancing personal privacy & security.

• Preventing intelligence leaks that could endanger your client. • Documenting compliance with many privacy law requirements. • Discovering new information loopholes before they can be used by spies. • Helping fulfill the legal requirement for “Business Secret” status in court. • Ensuring Wi-Fi security and compliance with associated privacy laws. • Reducing consequential losses associated with espionage, such as preventing an information leak that might spark a stockholder’s lawsuit or an activist from releasing wiretaps that could damage goodwill and sales. Conclusion “The client wants a TSCM sweep. What do I do?” Now you know—partner with a TSCM specialist to provide periodic professional sweeps and on-demand inspections conducted confidentially.

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“Compared to the negligent security lawsuit study from the 1990s, the new study shows that plaintiffs won more trials in the 90s compared to the present.”

When attempting to identify the

risks and threats to your business, it is wise to think like an attorney and look for risks and threats that could provide areas which could be construed to be possible hazards. Below are some of the possible security deficiencies found in negligent security litigation cases: • Lack of awareness of current crime conditions at the property and in the surrounding community. • Inadequate or outdated security plans and procedures. • Not consistently following established security plans or procedures. • Lack of adequate employee safety and security training. • Inadequate physical security measures. • Lack of adequate security staff. • Failure to conduct security background checks on employees and contractors. • Inadequate lighting at building entrances, parking garages, or exterior parking lots. • Poorly maintained facilities—broken doors and locks, overgrown landscaping, etc.

18 Working PI | Fall 2023

• Inoperative or poorly maintained security system equipment: defective cameras, inoperative panic alarms, etc. • Ignoring complaints about crime or security from tenants, employees, customers, and guests. • Failure to take workplace violence threats seriously. • Inconsistencies in security staffing that are not supported by risk assessment data; for example, having cameras in one area of the facility but not another exclusively for budgetary reasons. • Over representing or overselling the level of security that is provided; for example, using statements such as “security building,” “completely safe,” “crime-free,” or stating that areas are under “24–hour surveillance” when in fact they are not. • Reducing the level of security provided at the facility for budgetary reasons without a corresponding reduction in the level of security risk. • Ignoring increased levels of crime in the surrounding neighborhood and

while failing to make improvements in the facility’s security program. • Failing to provide a level of security that is equal to or greater than that provided in similar neighborhood facilities. • Failure to adequately protect confidential information such as employee records, medical records, credit information, or proprietary information owned by others. Negligent Security Verdicts and Settlements Separated by Crime In a study titled “Major Developments in Premises Security Liability III”, by Norman D. Bates, Esq., Bates reviewed 1,086 negligent security cases existing over a period of several years (1992 to 2001). Mr. Bates determined the majority of negligent security lawsuits involve assault and battery cases (42 percent), followed by sex assault and rape claims (26 percent), wrongful death (15 percent), robbery (nine percent), and false imprisonment (four percent). The remaining percentage (four percent) fell

into a miscellaneous category, like arson, home invasions, and carjacking. Robbery negligent security claims were not dominated by any industry. The most commonly named Defendants were: hotels and stores, shopping malls, apartment complexes, and restaurants. No single industry dominated the negligent security rape cases. The rape and wrongful death cases had higher jury verdicts when compared to robbery and assault cases. Apartment complexes and condominiums lead in rape cases. Hospitals and nursing homes were second and hotels and management companies were sued in 26 cases each. Both malls and private security companies were named Defendants in 23 cases each. While apartments lead the rape location statistics, rapes in hospitals/nursing homes/rehabilitation centers are drastically increasing; many security rape cases now take place in nursing homes. The negligent security analysis looked at more than 700 assault cases, which resulted in civil litigation. Common Defendants were churches, bars (nightclub-shooting), restaurants, ATMs (atmshooting), movie theaters, apartment complexes, and trailer parks. The most frequent offenders in assault inadequate security cases were bars and nightclubs (nightclub-shooting) (85 cases), primarily for bar fights resulting in serious injury or death. Condominiums and apartment complexes came in second for assault injury lawsuits, comprising 76 of the 700+ assault claims. Restaurants were the third most commonly named defendant in failure to provide security trials at 70 claims. Stores were next at 52 cases; security companies came in fifth at 46 negligent security lawsuits. Negligent Security Trials: Who Wins More Often? The study shows that defendants won 52 percent of the negligent security jury trials out of the 1,086 cases studied. 21 percent of the time, the plaintiff received a winning verdict. 19 percent of cases were continued or sent back to

be re-tried. Eight percent of the cases resulted in confidential settlements, typically involving the defendant paying the plaintiff some money. Most plaintiffs (70 percent) were customers or guests of the business. Employees of the defendant make up 17 percent of plaintiffs. Seven percent are unknown due to the confidentiality of the settlement. One percent of plaintiffs were trespassers. Compared to the negligent security lawsuit study from the 1990s, the new study shows that plaintiffs won more trials in the 90s compared to the present. However, the newer study shows that juries are awarding higher verdicts now when the plaintiff does win. So why the change? More cases are settling, so it is possible that the truly explosive plaintiff cases resolved before trial. Negligent Security Case Values Of the 21 percent of trials that the plaintiff won: • 40 percent of the cases were amounts less than $250,000 • 16 percent fell in the $250,000 and $500,000 category • 13 percent were between $501,000 and $1 million • 13 percent were between $1,000,001 and $2,000,000 • 10 percent were between $2-$5 million • Eight percent of these cases were more than $5 million Inadequately Secured Locations The most frequent location for negligent security cases was a parking lot. Apartment buildings were second. Other frequent locations were stores, exterior common areas, bars, and schools. Negligent Security Settlements Apartment operating companies paid a median of $1.5 million in damages from jury awards and $1.7 million in out-of-court settlements. Retail stores paid a median of $1.7 million from jury verdicts and averaged a settlement of $1.2 million. Hotels paid an average of one million dollars in jury verdicts

and $632,000 in pretrial settlements. Restaurants paid an average of $600,000 in jury verdict awards and settled on average for $2.8 million for their negligent security lawsuits. Settlements and Verdicts Based on Injury Wrongful death averaged the most significant jury verdicts at $2.8 million. Second were robberies, with a median jury verdict of $1.9 million and a median settlement of $1.6 million. Inadequate security rape lawsuits resulted in an average of $1.5 million in jury verdicts and settled on an average of $1.2 million. Injured victims of assault and battery cases obtained average jury verdicts of $1.2 million and a median pretrial settlement of $1.1 million. Negligent Security Cases Brought by Employees Negligent security cases based on failing to provide adequate security measures (lighting, locks, fencing, security guards) result in larger settlements and jury verdicts versus cases where a business employee caused harm. Employers still owe a duty to their employees to keep them safe and out of harm’s way. If an employee is raped, attacked, shot or murdered while on the job, the employer may be held responsible via a negligent security lawsuit. If an employee attacks a patron or customer, the employer may be responsible for failing to properly screen the employee before hiring him. These employee-based lawsuits are premised on negligent hiring, negligent retention, and negligent employee supervision. The average income for PIs and security consultants varies based on the business location, education, experience, and other regional factors. The U.S. national averages for PIs range from $55,702 to $54,302. The U.S. national averages for security consultants range from $73,544 to $108,230. These numbers presented are a very true reflection of all the hazards your business could befall. It’s best to be prepared for the potential risk and routinely inspect where your business model could improve.

Fall 2023 | Working PI 19

COVER STORY

INVESTIGATOR Heads to the Nevada Supreme Court

by Kendra Budd, Editor and Isaac Peck, Publisher

“Nevada’s privilege law does not recognize a private investigator–client relationship or protect communications between a private investigator and client as privileged.”

This isn’t the first time a private investigator has made it to a state’s Supreme Court, but it’s definitely one for the history books.

In our Spring 2023 issue of Working PI, we explored the case of Schieve vs. McNeely et al, wherein Hilary Schieve, the Mayor of Reno, Nevada, sued private investigator David McNeely after finding a GPS tracker on her vehicle. Schieve discovered the device just a week before the city’s general election on Nov. 8, 2022 and filed her lawsuit almost immediately after she traced it back to McNeely. She accuses him, as well as his client, of invasion of privacy, violating Nevada’s anti-doxxing laws, trespassing, and civil conspiracy. This case has made waves across the political spectrum in Reno as well as the the entire state of Nevada. Following the widespread press coverage of Schieve’s case, the Nevada legislature unanimously approved AB 356 over the summer, which makes it a crime to place a GPS tracker on a vehicle without the owner’s consent effective July 1, 2023 (with exceptions for law enforcement).

20 Working PI | Fall 2023

McNeely, as well as a number of PIs familiar with the case, maintain that McNeely acted within the scope of the law and did nothing wrong as the use of GPS trackers was still legal at the time.

device from her car, Schieve brought it to the Sparks Police Department (PD). Sparks PD discovered the device was linked to licensed PI McNeely, who owns the agency 5 Alpha Industries.

While the civil litigation drags on, a key dispute between Schieve and McNeely centers around the disclosure of the identity of McNeely’s client. Schieve is seeking, and has won, a Court Order requiring McNeely to reveal who hired him as well as other information regarding his surveillance contract.

Six weeks following the discovery, Schieve filed a civil lawsuit against McNeely, 5 Alpha Industries, and John Doe (the unidentified third-party who hired McNeely to track Schieve). The suit claimed that McNeely trespassed on her private property to install the tracker at John Doe’s request. In her interview with Sparks PD investigators, Schieve expressed concern about a privacy violation after seeing a white car for weeks outside her house.

McNeely is now appealing to the Nevada Supreme Court—hoping to win a precedent citing investigator-client privilege in Nevada, which would protect him from divulging his client’s identity. Here’s the latest information on this monumental case. Backstory In November 2022, just days before Reno’s general election, Schieve took her car to a local mechanic due to an oil leak. Her mechanic discovered a GPS tracking device that was “monitoring her every movement.” After removing the

Upon further investigation, Sparks PD cleared McNeely of physically surveilling Schieve, and confirmed that he only installed the GPS to her car and monitored its movements. Sparks PD also explicitly cleared McNeely of any criminal wrongdoing. One police investigator suggested that Schieve’s primary political enemy likely “uses PIs all over town” and that McNeely may not have been the only one surveilling her during the election cycle.

County Commissioner Joins In In her initial interview with Sparks PD, Schieve speculated that one of her main political enemies had also hired private investigators to surveil many members of the Reno City Council and put trackers on their cars as well. A few months before Schieve discovered the GPS tracker on her car, infidelity rumors regarding Reno Councilman Oscar Delgado (who promptly resigned to “focus on his family”) and Mariluz Garcia (who was elected to the County Commission in Nov. 2022) were published in the Nevada Globe. Schieve names the political kingmaker she believes hired McNeely and suggests to Sparks PD that he also had trackers put on Garcia’s car to uncover the affair and smear Garcia and Delgado. These political enemies were “trying to use our personal lives against us” to win political points, Schieve remarks. It was later revealed that both McNeely and at least one other PI had conducted intensive surveillance on Garcia in an effort to confirm she actually lived in the District she was representing in the Nov. 2022 election. But the plot thickens even further. After Schieve turned the GPS tracker over to Sparks PD, another politically-connected PI submitted a public records request with the police department and surprisingly received all of the location related data from McNeely’s tracker going back for nearly a year! This cunning PI then compared the locations and movements of the “targets” of McNeely’s GPS tracker and matched one of them to Washoe County Commission Chair Vaughn Hartung’s schedule. The tracking data shows the tracker left McNeely’s home at 2:42 a.m. on April 5, 2022 and was dropped off at Hartung’s home in the early hours of the morning. It stayed with Hartung’s vehicle for 122 days and captured 3,445 geospatial snapshots related to his activity. All of this information was then shared by the PI with a number of Nevada media or-

ganizations, including KUNR and APM Reports, who then published an interactive map showing Hartung’s vehicle movements over the four months the tracking data was available. Roughly a month after this particular GPS tracker was removed from Hartung’s vehicle, the same tracker was placed on Schieve’s car. As a result of these revelations, Hartung joined Schieve’s lawsuit against McNeely as a co-plaintiff. According to the suit, Hartung only discovered that the GPS tracker had been installed on his vehicle after the media published detailed maps of his locations over the four-month period. The vehicle that had the tracker on it was often used by Hartung’s wife and daughter, including trips in which Hartung was not in the car. The suit alleges that the location data included “private” locations that were visited by his family members. “This type of conduct should not be tolerated in Nevada and I hope that the full force of the law is brought to stop this kind of unwarranted stalking and harassment of public officials and their families,” Hartung told the Reno Gazette-Journal. Identity of the PI’s Client A central part of Schieve and Hartung’s case is an effort to reveal who McNeely’s client is, i.e. who hired McNeely to surveil them. They want to include McNeely’s client in their lawsuit for damages but also to out his client publicly as the individual responsible for what they argue is a campaign of harassment and stalking. When Sparks PD originally interviewed McNeely to explore if any laws were broken, he told the Sparks officers that he would not reveal the name of his client unless a court issued a subpoena for that information. District Court Judge David Hardy, the judge in Schieve’s suit, ordered him

to do exactly that. Within 60 days of her lawsuit, Schieve won a Court Order to serve her subpoena to reveal McNeely’s client. Instead of turning over the identity of his client, Judge Hardy’s order set off a flurry of legal filings by McNeely’s attorneys in an effort to avoid this disclosure. McNeely makes a series of arguments for why he should not have to reveal the identity of his client, including that the disclosure of his client would ruin his business, the identity of his client is a trade secret, and an investigatorclient privilege exists to protect his client’s identity. In response, Schieve argues that there simply does not exist a client-investigator privilege under Nevada law. “Nevada’s privilege law does not recognize a private investigator–client relationship or protect communications between a private investigator and client as privileged,” write her attorneys. There are some states that do recognize an investigator-client privilege, with McNeely citing Michigan as an example. However, Nevada does not. Schieve further argues that while a list of customers may be a trade secret, the identity “of a single customer in the private-investigator industry cannot be a trade secret as every individual in Nevada could potentially be a customer.” Lastly, Schieve and Hartung also argue that time is of the essence, writing that McNeely’s casual approach to discovery “is inconsistent with the very real risks [we] face from potentially having an unidentified individual continue to surveil [us] and violate [our] privacy.” McNeely Appeals to NV Supremes Judge Hardy ultimately found all of McNeely’s arguments insufficient, ordering that John Doe’s identity be revealed. The identity of McNeely’s client “is not page 22

Fall 2023 | Working PI 21

page 21 protected from disclosure by any privilege, it is not a trade secret entitled to protection from discovery, and is discoverable,” the Court affirmed. “The public has a legitimate and significant interest in knowing about actions that place our elected officials at greater risk for harm and potentially impact their ability to perform the functions for which they were elected,” wrote Discovery Commissioner Wesley Ayers. This resulted in McNeely appealing to the Nevada Supreme Court, urging the highest court in the state to allow him to keep his client’s identity a secret. McNeely first filed his appeal to the Nevada Supreme Court in May 2023 and there has been an outbreak of court filings over the summer. John Doe Speaks Almost immediately after McNeely appealed to the Nevada Supreme Court, John Doe filed a fiery motion with the Court, still concealing his identity. Doe came out swinging—framing the case as one of politicians seeking to silence oppositions, evade scrutiny, and denigrate his First Amendment rights. “The right to engage in anonymous political conduct is a cornerstone of liberty… and Political conduct includes the right to hire an investigator to investigate public officials,” Doe writes. Doe argues that he, as a private citizen, hired McNeely to investigate “allegations of misconduct—an issue that would be of public interest and importance if true.” Instead of making baseless accusations against elected officials, Doe explains that he “took a logical, reasonable, and legal step to further his First Amendment rights to speech and to petition: he hired [McNeely] to investigate [Schieve and Hartung] and determine whether there was any substance to the allegations.” Doe cites a myriad of cases involving free speech and political cases involving PIs, including the precedent that “hiring a private investigator can also

22 Working PI | Fall 2023

be considered protected under the right of free speech.” Doe points to “decades of case law” that indicates a citizen’s right to engage in a wide array of anonymous political activities, including protections against disclosure of associational memberships, the right to distribute campaign literature anonymously, the right to anonymous political canvassing, the right to make anonymous charitable donations, and so on. Doe’s argument, consequently, is that his hiring of a private investigator to surveil and gather information about politicians is political conduct that is entitled to anonymity and protection under the First Amendment. Furthermore, Doe explains that he hired McNeely to surveil and collect information on Schieve and Hartung, but never directed him to place GPS trackers on their vehicles or otherwise did not know “what investigative tools or techniques [he] would employ.” Lastly, Doe makes a dramatic appeal requesting protection under the First Amendment that is worth quoting in full: In fact, it is the minority view, including behavior that is deemed highly offensive to the majority of people, that most often needs protection under the First Amendment. John Doe’s conduct here— hiring the Investigator Defendants to investigate Plaintiffs—is not popular. But that does not mean that his conduct is unprotected or that he is not entitled to relief. John Doe’s hiring of the Investigator Defendants was an act in furtherance of his First Amendment rights to free speech and to petition. As is his desire to remain anonymous while engaging in such protected conduct. John Doe therefore has a First Amendment privilege against the discovery of documents leading to his identification, and Plaintiffs have failed to demonstrate that their need for the discovery outweighs his compelling First Amendment interests. Who is John Doe? So, who is John Doe anyway? In her in-

terview with Sparks PD, Schieve made a comment suggesting she already has an idea about who she thinks it is. “You know who I think it is? Beadles. I think it’s Beadles,” Schieve commented to the investigators. Robert Beadles has made a name for himself in Nevada politics. Moving from California to Reno in 2020, Beadles has funded two unsuccessful recall campaigns against Washoe County officials, one involving Hartung, and is rumored to have spent over one million dollars on political activities. Citing campaign finance records, The Nevada Independent indicates that Beadles and his company Coral Bay reported spending at least $114,000 on investigative services, research and observation in 2022. He also operates a blog where he refers to Schieve as “Hide’n Hillary Schieve.” He is currently suing three Washoe County officials in state court, alleging voter fraud and seeking to get them removed from their positions as well as his election grievances addressed. “I have no problem spending millions of dollars to replace you all. I have no problem doing it because we’ve got to get our county back,” Beadles told the Washoe County Commissioners last year. Could Schieve be right that it’s Beadles? We’ll have to wait and see! GPS Law Changes As a result of this case, a bill criminalizing the installation of GPS tracking devices on personal vehicles received bipartisan support in the Nevada legislature and was signed into law by Nevada Governor Joe Lombard. Assembly Bill 356 (AB 356) makes it a misdemeanor to install a mobile tracking device on a motor vehicle of another person without their consent, with a second offense being categorized as a gross misdemeanor and a third offense a category C felony. Today, 24 states have already employed similar legislation including Washington, California, and more. page 24

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page 22 The bill was sponsored by Republican Jill Dickman and Democrat Selena La Rue Hatch. The two gave a presentation to the Legislature saying the bill would benefit “individuals experiencing domestic violence and/or abuse, victims of harassment, victims of stalking, all Nevadans.”

I’m at all the time if you didn’t want to physically harm me? This wasn’t about politics. This was about people’s safety,” Schieve said.

Both Schieve and Hartung cited recent violence against elected officials, including two officials who were shot to death this year in New Jersey, (Eunice Dwumfour and Russell D. Heller), and the homes of three officials in New Mexico were shot at.

Final Thoughts This case has already had far-reaching effects across the state, making Nevada the latest state to ban the use of GPS trackers on vehicles.

Schieve did a victory lap after the bill’s passage. “I think you should be allowed a level of privacy. I can’t even begin to tell you how my heart started racing when I was told that they found that [GPS device]. I’m looking over my shoulder all the time. It brings on a whole other level of concern where you think someone wants to physically harm you. Why would you need to know where

She hopes criminalizing secret GPS trackers in Nevada will help anyone who could be stalked.

It also raises fascinating questions regarding how our justice system should balance the rights of private citizens to hold their politicians accountable, investigate misconduct, and engage in anonymous political activities, while ensuring that our political figures can maintain their physical safety and be free from harassment and threats. The veracity of Schieve and Hartung’s invasion of privacy and trespass claims

have yet to be proven in Court, but this case also highlights the clear distinction bet ween criminal conduct and civil liability. While McNeely’s actions and use of a GPS tracker were not illegal in Nevada (at the time), that does not mean that he and his client will not have liability or at least legal exposure related to the claims they are facing. This is a case that PIs should consider carefully—there are many actions one might take in business or in an investigation that are not illegal but that may create liability and the potential for a lawsuit. Criminal conduct and civil liability are two different things. We will be watching closely to see how this case develops! Subscribe to Working PI’s email edition online at WorkingPImag.com to stay upto-date on this and other breaking news for the PI profession. Stay safe out there!

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The Value of a Professional Certification by William F. Blake, MS, CPP, CFE

“Knowing that your practices meet industry standards is an excellent boost to your credibility.”

Many private investigators and secu-

rity professionals do not realize the value of having a professional certification. While there are many investigators and security professionals without a professional certification, there is no way to know if the individual is working with information and standards originally learned years previously or currently. Professional certifications are important for personal development and adding credibility to your expertise. While continuing education and certification for your specialized knowledge or skill set. A continuous thirst for knowledge is key to building a growing, thriving business. Although continuing education and certification programs can be an investment of time and resources, they help recognize your specialized knowledge or skill set, which can be a significant benefit when it comes to landing certain clients or projects.

26 Working PI | Fall 2023

The Benefits of Certification A certificate—awarded by an educational institution—recognizes a student who finishes a focused, industry-specific training course within an academic setting. A certification—awarded by a professional organization—recognizes a working professional who has completed an assessment that evaluated their ability to do their job. There are many benefits to keep in mind if you’re considering pursuing a professional certification: 1. Gain a Competitive Advantage When you have training that your competitors don’t, it sets you apart. Certifications can differentiate you from other professionals in your field, showing that you have a demonstrated commitment to understanding and excelling in your profession. This can

give you an advantage, which is particularly important in today’s competitive market. Stay on top of trends and learn how to use that new software or social platform before it becomes a household name. 2. Boost Efficiency Professional certification can also help give your business a solid foundation. The advanced training, information, and knowledge you gain from specialized coursework can provide you with up-to-date tools and technical strategies that will serve to guide and direct you in the execution of your projects, allowing you to manage all aspects of your work more effectively. 3. Increase Earning Potential The time and effort invested in professional certifications often result in increased income. Most clients will understand the higher costs associ-

ated with specialized training and are willing to pay for consultants who have industry certifications. Some certifications report median salaries that are 26 percent higher than those who do not possess professional certifications. 4. Grow Knowledge and Skills By acquiring new and updated industry information or techniques, you can hone current work habits that may be causing inefficiencies or quality issues with your output while increasing your competencies—giving you the skill and confidence to try something new, such as establishing the groundwork to implement a more sophisticated working environment for your business. 5. Establish Professional Creditability When working with independent consultants, an increasing number of companies, non-profits, and government organizations want or may even be required to engage those with certain certifications from recognized programs. Certification demonstrates your commitment to superior professionalism, upholding industry standards, and continued learning. These merits can help boost your professional credibility and prestige within your network, with current clients, and when pursuing new business opportunities or bidding on projects. Certifications are often a worthwhile investment because of the many advantages they can provide throughout your career. As you move forward and your business evolves, keep your certifications up to date so you can continue to realize these benefits. Also, publish your certifications on your website, your market profile, and all marketing materials. 6. Trust and Credibility When customers first approach you for the first time with a business inquiry, they don’t know you or how you operate. One of the most effective ways to attract them, reassure them,

and win their trust is through certification. If the certification comes from a well-known awarding body, then the customer will feel like they know what to expect, which will make them more comfortable.

in your industry. You’ll come into contact with others in your industry, including experts in your field. Make the most of these occasions to network and seek ways to support and gain assistance from your peers.

Knowing that your practices meet industry standards is an excellent boost to your credibility. It also demonstrates your commitment to the profession, which will impress other companies you partner with or collaborate with and your customers.

9. Increase your Earnings It’s crucial to consider the possibility that certification might promote your business to a new level. You’ll be attracting new customers and applying advanced techniques, so you should also look at your pricing structure. Expertise has value, and certification is an achievement that warrants revising what you have to offer. If your standards are beyond the normal industry level, then you might want to consider a different rate for the advanced services you provide.

7. Stand Out From The Crowd If your field doesn’t require certification, you can use it to your advantage to stand out from the competition. When there are many other practitioners offering similar services, it can be challenging to compete for the same customer pool. While you may want to channel some of your budget into marketing, other routes should be considered. Professional development, and in particular, certification, can differentiate you from other businesses and give you an edge. Your certification will act as a badge of excellence. It will also demonstrate that you keep up with industry standards and use the latest tools and technologies to offer a service that can help your customers. 8. Improve The Way You Work Achieving certification is about more than just saying what you’ve done. Any tests you complete or courses that you attend will have their benefits. Understanding what the practices in your industry are will give you a new appreciation for your profession and how you can support your customers. You will likely learn new techniques and skills—not only those associated with your field but also transferable skills—these could include discipline and communication. By being successful in your work toward certification, your confidence in your abilities will likely grow. Throughout the process, you might find other opportunities to enhance your standing

Clients are willing to pay for quality, and you have found a way to guarantee them the service they want. Even if the cost of your services does not increase dramatically, certification will likely increase your earnings through the additional business you will receive. 10. Improve your Resumé. It’s difficult to explain just how good a certification can look on your curriculum vitae (CV). Earning a new certification can change the entire look and layout of your CV. It will allow you to add a special section to your CV to list the certifications and qualified skills you have. Having a piece of paper to prove that you know the ins and outs of a certain skill is invaluable in the workplace. Having a chance to improve your CV in such a big way is just another one of the benefits of certifications. Adding a professional certification to your CV and whatever education you already have will make you look well-rounded and capable as a security consultant. Businesses are quick to hire a consulpage 28

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page 27 tant who shows that they are qualified. But they are even quicker to hire someone who shows not only t hat they are qualified, but that they are committed to always improving their skills and learning more. Taking professional certification courses in your free time is evidence that you are dedicated to lifelong improvement. Your CV will never stay stagnant or stale. You will always look for opportunities to further your knowledge and skill set. Not All Certifications Are Equal When considering working toward a professional certification, it is necessary to determine the “real” value of the certification. Some businesses basically “sell” a certificate, while legitimate groups and associations have mandatory requirements for their certification based on experience and education. A certification that is based on no realistic requirements and qualifications is a waste of money. The value of a professional certification is predicated on a minimum amount of experience, education, and training. The difficulty in meeting the minimum requirements demonstrates the actual value of the certificate. Most professional certifications have a recertification requirement over a period of time. Before pursuing a certification, evaluate its value and whether it will help you achieve your goals. The value of a certificate can depend on several factors:

1. Difficulty Requirements for getting certified can vary. Some certifications require paying a fee and taking a test. Others may require work experience and other eligibility requirements. Many certifications require you to take a test periodically to maintain your certification. Difficulty is an essential factor, but don’t avoid certifications that are more difficult to earn and maintain or require more experience—as they may be valuable long term. 2. Reputation Just about any organization or individual can create their own certification program. Certifications that are widely recognized by the industry are more helpful than ones that aren’t. Certifications from well-known organizations such as Intellenet demonstrate an elevated level of knowledge in your field. For example, Intellenet has the BoardCertified Investigator certification that requires a minimum of 10 years of experience to apply for membership in the program. To become a BoardCertified Investigator, the applicant must take a 100-item test based on an Intellenet-based BAI Study Guide with a required passing score of 75 percent. The applicant is also required to produce a 1000-word minimum white paper from original information that is not a recitation of an investigation. After successfully passing

the written test and acceptance of the white paper, the applicant will be interviewed by selected, experienced BAI members and asked to provide a detailed response to several situational questions. Upon completion of the peer review, BAI membership may be offered to the applicant. Summary Professional certifications indicate the professional’s dedication to responding to a client’s needs through the use of the latest strategies and technology. Failure to provide services with current strategies and technologies may result in litigation between the professional and the client. If this happens, the professional will probably suffer a significant business loss and their personal reputation. Don’t be fooled by certifications that can be obtained with little effort and a check that does not bounce. You get what you pay for! A certification with non-viable requirements may indicate that you are a nonprofessional.

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How to Find a Missing Person by Sarah Datta, Pursuit Magazine

“Be honest with your client from the start about what results they can reasonably expect—and what your search will cost.”

When someone hires you to search

for a missing person, hear them out respectfully. Internally, be skeptical. “There’s always two sides to the story,” says Mike Spencer, owner of Spencer Legal Investigations. “Why are they estranged from the family? Why did they disappear? The client might be giving you one story, but maybe something else is going on.” Gather information that will help you get inside the missing person’s head: what are their habits, who are their friends, and how financially secure are they? Then think beyond the information your client shares with you. Most likely, there are details they don’t know—or have chosen not to disclose. Start your investigation by determining the level of threat to the missing person’s safety. “The baseline for each person

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is personal,” explains Spencer. For the most vulnerable subjects, such as children, the elderly, and people with mental incapacities, it’s important to contact the police immediately. “If you have a juvenile who goes missing, that’s something you have got to jump on right away,” he says. “Because that’s not normal; they should be under your roof.” The question is more complicated when an adult disappears. “It just depends on the person,” says Spencer. Have they gone missing before, or is this extremely out of character? If there’s reason to believe they left of their own volition, reach out to their network of friends and family. “So, for example, if I haven’t heard from my brother or a family member in two or three months,” Spencer says, “I’ll contact another family member and say, ‘Hey, have you been in touch with so and so?”

“We all have our right to privacy,” he adds. “So, it’s really the circumstances that determine whether or not to contact the police.” If you believe that someone—even an adult—is at immediate risk, don’t hesitate to contact law enforcement. But keep in mind that in America, it’s not a crime to go “missing” voluntarily. So, if an adult of sound mind doesn’t want to be contacted, police will respect their privacy—and will simply disclose that they’ve been found and are safe. Sometimes there’s not much police can do beyond a welfare check (a visit to someone’s home to see if they’re OK). For instance, if the missing person isn’t involved in any crime, is not in immediate danger, and the circumstances of the disappearance are not deemed suspicious, the police might not proactively investigate. This is where a PI

might come in—to do sur veillance work on known associates, canvass the neighborhood, or visit shelters. But the PI must also respect the privacy of the missing person during the investigation. Be honest with your client from the start about what results they can reasonably expect—and what your search will cost. As a PI, you’re bound by the client’s budget. No matter how much you may sympathize, you still have a business to run and employees to pay. “Get a goodsized retainer up front, because that money is going to free you up to use all your tools and resources,” Spencer suggests. “Canvassing is very time-consuming. If you want to go knock on doors, go to homeless shelters, put up flyers, that just takes a ton of time, and that’s expensive.” Use a wide variety of methods. “We’ll check through license plate readers and look for traffic tickets. We’ll call the jails, the hospitals. We’ll check court

records,” Spencer says. Think about the types of activity that leave a trail for you to follow. “You need money to go someplace; you need a car to go someplace,” Spencer points out. “The Holy Grail is the phone and the bank activity. And as private investigators, we legally can’t access that. But, having car and vehicle information helps a lot.” Forging relationships with other professionals can also help your cases. For example, law enforcement can obtain certain information that PIs can’t legally access. But police don’t have to help you, so be diplomatic. “Get off on a good foot and be respectful and trade information,” Spencer recommends. “The police—if they take an interest—are always doing you the favor.” Spencer, a former journalist, adds that having connections to local newspaper, radio, and TV reporters can help your search reach a wider audience: “You can hand out flyers. But if that story hits the

news or that person’s on the news, it just creates a lot more awareness.” Take meticulous notes. Spencer’s favorite evidence collection tool is the “almighty legal pad.” This serves not only to document your findings, but also to justify your billing. “Always keep a good diary of your efforts,” Spencer says. “These all come down to money. That’s just the brutal reality.” Mike Spencer admits that missing persons cases can take a psychological toll. “There’s always an emotional component to it,” he says. “You want to do a good job, and you just know that a family is having a hard time at things.” For some cases though, you’ll reach dead ends, where the money or the information dries up, and the case goes unsolved. “It’s not from lack of effort,” he says. “But it’s hard. Can’t win them all.” Reprinted with permission from Pursuit Magazine (https://pursuitmag.com).

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Private Investigator Uncovers Dark Prison Secrets by Kendra Budd, Editor

“After being turned away, Pike went to the fire department’s office to see if they had the report on hand, where he was told the Sheriff had lied to him.”

Charles Givens was an inmate at the Marion Correctional Treatment Center in Marion, Virginia, who tragically died in February 2022 under mysterious circumstances. Kymberly Hobbs, the sister to Givens, was told by prison officials that her brother had died of “natural causes”—which she initially believed. Eventually, Hobbs would receive a phone call from another inmate’s girlfriend, unraveling the dark truth behind his death.

The inmate alleged Givens entered the bathroom with four correctional officers then came out minutes later horribly beaten and limping—while a fifth officer failed to protect him. Autopsy reports later confirmed that Givens’ death was due to blunt force trauma, not natural causes. Seeking out justice for her brother, Hobbs’ attorneys hired private investigator Jeff Pike of Complete Surveillance to assist in the investigation.

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Who Was Charles Givens? For over 12 years, Hobbs had cared for her older brother Givens. According to court documents, Givens hadn’t developed intellectually nor emotionally beyond the age of seven or eight after he fell down a flight of stairs around four years old—which left him permanently disabled. On top of that, Givens also lived with Chron’s disease and other underlying health issues. The lawsuit, which Hobbs would file after her brother’s death, added that Givens “would require assistance and supervision with daily functioning and tasks.” Hobbs was his legal guardian since 2009, just one year before he was incarcerated. So, how did Givens end up in Marion Correctional Treatment Center exactly? For the 2010 murder of his mother’s healthcare nurse, Misty Leann Garrett. Givens, 41 at the time, had stated to police that he had tried convincing the woman to go out on a date with him to no avail. “He’d become infatu-

ated with her and just lost it when she said no,” Pike said. After she refused his advances several more times, he claimed “Satan” had placed thoughts in his head to kill her. Givens had been living with his mother while she was being treated by Garrett. On March 4, 2010, Givens allegedly snuck up behind her with a .22–caliber rifle, firing a single but fatal shot into the back of her head. Givens pled guilty to charges of first-degree murder and was sentenced to life in prison. Pike believes the system failed Givens by charging him criminally, and instead should have been placed in a full-time psych ward. “Marion Correctional Treatment Center is a prison, but it’s also considered a mental institution. There is a psychiatric wing, but the issue is that he’s in there with regular prison inmates too. These correctional officers weren’t properly equipped to deal with prisoners with disabilities,” adds Pike.

It makes people wonder, if Givens had been tried with his intellectual disabilities taken into consideration, there was a chance he would have never ended up at Marion Correctional Treatment Center—which years later would become the place Givens’ was brutally murdered and tortured for years. The Cover Up On February 5, 2022, Hobbs received a call from the prison’s Warden, saying Givens had died of natural causes. According to Pike, she had assumed that his death must have been related to his health issues and a direct result of Chron’s disease. Just three weeks later, Hobbs received a call from an unknown woman who would become the case’s whistleblower. The whistleblower claimed that her boyfriend (Inmate 1) was an inmate at the Marion Correctional Treatment Center and knew Givens. She further explained that Inmate 1, talked to another inmate (Inmate 2) who saw four officers violently beat her brother to death. According to Pike, Hobbs “didn’t believe her at first. Then the autopsy report came back.” A medical examination dated a month after Givens’ death stated that his cause of death was blunt force trauma—not matching what Hobbs was originally told. When she contacted the Warden, they stated the injuries were from a previous fall, but Givens had still died from natural causes. However, the only recorded “fall” Givens had was from June 2021, and it still didn’t match the injuries Givens sustained. “He had multiple fractured ribs, a punctured spleen, and had internal bleeding. The injuries were consistent with a car accident, not just from a slip and fall,” Pike informs. Immediately suspecting that prison officials were covering up the true cause of death, Hobbs contacted attorneys Paul Stanley and Mark Krudys. So far, everything described in the autopsy report matched what the whistleblower had

previously told Hobbs, and not at all what the prison was trying to claim. In fact, even the Chief Medical Examiner Eli Goodman didn’t originally rule the death as a homicide because he lacked the “sufficient evidence” to do so. Hobbs told her attorneys about the whistleblower and all of the phone calls she had with prison officials. “She’s a smart woman. She kept notes and details about who called her and when. It was immensely helpful,” Pike enlightens. After taking a look at the autopsy report, Stanley and Krudys called in Pike to validate the whistleblower’s claims— thrusting Pike into a thorough investigation that would uncover the horrific details of what happened to Givens. Bring in the PI Jeff Pike is a Wythe County private investigator with a background in law enforcement. He has worked on several prominent cases in Virginia, and with his background, it is no wonder Hobbs’ attorney chose him to take on the case. “They told me they had an ‘unusual situation,’ and they needed me to dig into the case deeper,” Pike recalls. However, he wasn’t fully prepared for the gruesome story that would unfold upon his investigation. The attorneys requested that Pike call the whistleblower to see if her story was consistent with Givens’ mysterious injuries and to find out who this supposed inmate was and interview him. “I called her and she gave specific details about Givens’ injuries. She would not have known that unless someone else watched it happen. It was too consistent,” Pike says. Once obtaining Inmate 2’s identity from Inmate 1 through the whistleblower, Inmate 2 told Pike he had been tasked with cleaning Givens’ cell after he had defecated himself—not uncommon for someone of his age with Chron’s disease. He had walked past the shower where the alleged beating took place

and heard and saw everything occur, from dumping cold water onto Givens to whipping him with towels. He told the story to Inmate 1, who then told the whistleblower. Pike said a state police polygraph test was administered to confirm Inmate 1’s story. “He passed with flying colors. He knew too much detail just to be making it up. It was a perfect match to the medical examiner’s report,” says Pike. Now, with the story confirmed to be true (allegedly), Pike was tasked to look into Givens’ history at the prison, interview other inmates, and search for anything that could help the case proceed forward. After some digging, Pike found out that this wasn’t the first time Givens had been hospitalized for suspicious injuries. “He had previously ended up in a hospital with third-degree burns on his buttocks and groin area,” Pike discovered. In fact, it was reported that an officer sprayed Givens with scalding water, which caused the burns. Upon further investigation, Pike discovered that Givens had been hospitalized four times for hypothermia and was in critical condition twice. Pike’s investigation revealed, “I have witnesses that say the guards would pour water on the inmates then leave them in the cells with the windows open during the winter. Givens wasn’t the only inmate to get hypothermia from this treatment.” According to Pike, the motivation for the officers doing this was to keep the inmates controlled. The conditions were so cold that according to his witnesses you could see a skim of ice over the toilet bowl water. “It was like an 1890s torture prison,” says Pike. However, Pike’s most significant contribution to the case comes in the form of video evidence. “I was able to get videos from inside the prison, which shows Givens going into the shower, handcuffed, with four guards following page 34

Fall 2023 | Working PI 33

page 33 him. Then, 20 minutes later, Givens is escorted back to his cell by the same guards,” Pike discloses. Within those 20 minutes, Inmate 2 claims the brutal beating occurred. Givens can be seen leaving the shower, slightly limping and only wearing a pair of boxers. A short time later, a fifth officer is seen peering into Givens’ cell, but does not go in and leaves. According to the autopsy, Givens was dead by this point. It wouldn’t be for another hour that he was pronounced dead. Givens was found lying down on his cot, but with his legs hanging off the side as if he had passed out. Meaning the fifth officer would have seen him in that state when he peered into the cell. Getting the video evidence and Givens’ report was no easy feat for Pike. “I was met with some pushback from the Sheriff’s office. They tried to tell me they didn’t have the report on Givens,” Pike recalls. In fact, the Sheriff’s office claimed the reports didn’t exist at all. After being turned away, Pike went to the fire department’s office to see if they had the report on hand, where he was told the Sheriff had lied to him. Not only did the report exist, but it was at the office he had just left. However, Pike says this wasn’t anything new to him. “I have a history with these people. Some like me, others don’t because I win cases against them. They get mad because they didn’t do their job properly, so they try to play me,” Pike elaborates. Pike was of course able to get the video utilizing his local sources that he has developed over the course of his 30-year career. He says this ended up being monumental to the case because it not only showed what happened between the shower and the cell but also matched what Inmate 2 said. “The exact people that he said were there, were there. The exact way things happened, happened all in that video,” says Pike. Since there are no cameras in the shower, this video with the eyewitness testimony became Pike’s most prominent piece of evidence.

34 Working PI | Fall 2023

Pike has continued to dig into the case, and specifically into each guard’s past, unveiling less than respectable information about some of them. However, Pike couldn’t share specifics due to the pending court case. The Lawsuit Hobbs and her attorneys filed the lawsuit in early February of this year while Pike continued his investigation. The lawsuit alleges that officers Anthony Raymond Kelly, Gregory Scott Plummer, Joshua Jackson, William Zachary Montgomery and Samuel Dale Osborne participated in some capacity in the brutal beating of Givens in the shower room, ultimately killing him. The inmate identified and confirmed each officer from the video surveillance Pike uncovered. The lawsuit alleges that for nearly 20 minutes, the officers dumped buckets of freezing-cold water on Givens while they punched him several times and whipped him with towels, as told by Inmate 2. “The Defendant correctional officers attacked Mr. Givens in the shower following Mr. Givens having accidentally defecated on himself,” the lawsuit reads. Although the lawsuit states Osborne didn’t directly participate in the fatal beating, it claims he failed to intervene by stopping the other officers. Osborne is the officer seen peering into Givens’ cell and leaving instead of calling for medical attention. The court document continues to say that Givens would be found unresponsive in his cell an hour later, where he was declared dead. The lawsuit further states that the prison tried to cover up Givens’ murder despite evidence indicating that it was the only possible cause of death. “…this brutal attack was simply one instance of Treatment Center staff abusing Mr. Givens; this vicious assault was then covered up, not only by the Defendant correctional officers, but also by Treatment Center officials. Efforts to impede the Plaintiff’s inquiry into Mr. Givens’ death continue to this day,” claims the lawsuit. Furthermore, the lawsuit states that the

officers deviated from standard procedure, as normally only one or two officers would be needed to escort Givens to the shower—nor did he need handcuffs since he was low-risk. However, the Defendants swear not only did they follow protocol, but still insist that Givens’ death was a natural result that had nothing to do with them. Hobbs’ ultimate goal with this lawsuit was to demand a “Trial by Jury,”—which she has since succeeded despite originally being denied by a Smyth County grand jury even in the face of finding the death suspicious. According to Pike, the now federal jury trial is set to begin in August of 2024. Final Thoughts While this case is still pending trial, there have been a couple of interesting updates pertaining to the case. The first is that Goodman finally updated his findings. He testified before Smyth County special grand jury and confirmed with the new evidence brought forward by Pike that Givens’ death was a homicide. The second update is the case is officially under investigation by the FBI. This has helped push this case forward, as the State of Virginia seemed weary to continue investigating the lawsuit itself. Pike believes their involvement will lead to a second-degree murder charge for all five correctional officers. Although this case is awaiting trial, it’s safe to say that it would have likely gone nowhere without Pike’s expertise. Not only is he uncovering the truth about Givens’ death, but he has raised a broader concern about the prison’s conditions in general. However, Pike says the real hero of this case is Hobbs and the witnesses. “If she had never filed a lawsuit if nobody had pushed back on this, these people would have gotten away with a murder. I have to give it to the girlfriend and even more to the inmate. For them to step forward, that’s a big deal,” Pike muses. This is an ongoing case. Follow us for updates as this story progresses at WorkingPImag.com.

Romance Scams: Catfishers, and Bigamists, and Money Launderers, Oh My! by Kendra Budd, Editor

“The first red flag you’ll want to keep a lookout for is the excuses the suspect makes for not meeting your client in person.”

A s social media advances, so does

its scammers. With the evergrowing presence of social media, scammers nowadays are becoming more devious, cunning, and manipulative. Some have gone as far as to make it a business. Private investigators need to be just as aware as civilians about these scams. With the right information and judgment, you’ll be able to help your clients look out for red f lags, uncover catfishers, and even get back stolen money—especially because these scammers are only continuing to increase their efforts. Here’s what you can learn. Using and manipulating romance is one of the fastest-growing types of scams. In fact, they all but doubled during the pandemic. Before that, in 2019, consumers lost over 200 million dollars due to romance scams, according to the Federal Trade Commission (FTC). Yikes! So why aren’t people more cautious about these types of scammers? Well,

36 Working PI | Fall 2023

not only are they master manipulators, but there is more than just one type of romance scam. Nowadays, it’s more than just making a fake profile and asking for money. Scammers have gotten smarter and more creative. Read on for the most common types of romance scams. Catfishers: A catfish is a person who pretends to be someone else online. Often these individuals will take photos of popular influencers, military personnel, or international models to garner attention. They will make excuses for why they can’t meet up in person, such as being deployed or out of town for work. Sometimes, these catfishers want an emotional relationship they otherwise can’t get in real life, but nowadays, their motivations have become more devious. Catfishers will move on to their victims fast, declaring their love, saying all the right things, and blowing up their phones with messages, all to form an intimate connection. Once this is done, they

will begin to ask for money. Often, they will pretend they have an emergency of some sort, and they swear they will pay their victim back. But they never do. Sometimes, the catfish will continue this for an extended time, while others will cut off contact with their victim once they receive payment. Bigamists: By its simplest definition, a bigamist is a person who enters a marriage while already in another marriage. However, this definition leaves out that a majority of bigamists keep their relationships secret from their spouses. Some have multiple families, spouses, and partners who have yet to find out. Bigamists are masters at multi-tasking and will even find jobs to support their lifestyle. Take William Allen Jordan as an example. Jordan had three wives, 13 children, and multiple girlfriends, all of whom he scammed out of thousands of dollars. He was arrested in 2009 for bigamy, fraud, and gun-related crimes but was released shortly after. Once released, he went on Match.com

and began his conning ways again. Money Launderers: The biggest victims of money laundering are often older individuals who can be easily manipulated. Their goal is to turn their targets into their own personal money mules. Oftentimes, they’ll catfish their victims, but they can use their real identity as well. These launderers make a connection with an individual and once trust is gained, ask their target to open bank accounts for them. This will often be under the guise that they are starting a business and need their target’s help. They’ll send them the money, or even a product for them to sell, and then ask for those funds to go into a bank account. Without even realizing it, the victim has been turned into a money mule. The victim usually ends up facing criminal charges in the stead of their con artist. Inheritance Scams: These scammers specifically target wealthier individ-

uals. They are keen researchers and are willing to go long-term in order to get what they want. Specifically, they target rich and sometimes even famous—people with a wealthy inheritance. Unlike other scammers, they rely on their in-person connection with individuals, and will form themselves into the perfect partner. Their end goal? Marriage. Once the knot is tied, they legally own their now-shared property and money. The four types of scams and scammers listed above are only a fraction of the creativity con artists have come up with, but they’re probably the most common ones you’ll come across in your career. Red Flags According to Jason Beberniss, Private Detective and President of Discreet Services, Inc., these scammers are master manipulators, so it’s no wonder that there has been such a tumultuous spike in online crimes. However, even manip-

ulators make mistakes. So, when a client comes in and isn’t sure whether the person they’re “dating” is real, it’s a good idea to be familiar with some common red flags. The first red flag you’ll want to look for is the excuses the suspect makes for not meeting your client in person. Some of the most common ones you’ll hear are: they’re in the military, they live in a different country, or their work keeps them from home. Beberniss warns, “If they claim they’re on a church mission, or working in a different country, that is going to be your biggest red flag.” However, these excuses often work because they are all very believable reasons. “I have some clients dating a fake persona for three years.” Ask your client if they’ve at the very least video-chatted with the suspect. The excuses to look out for here are: their page 38

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page 37 camera is broken or they don’t have a smartphone. In fact, Beberniss says in his experience, photos or videos can’t always be trusted. “A lot of them will give you a picture of a passport or driver’s license, but they’ve actually just downloaded a fake one.” These excuses can especially be alarming when taking the timeline of the relationship into consideration. Has it been months since they’ve started dating, and they still have yet to meet in person? If the answer is yes, then odds are you’re dealing with a catfish. Ask your client if the relationship seems too good to be true. Usually, this might come as a shock to them. Don’t people want a relationship with their perfect match? Well, in the case of online dating or in relationships that move too fast, this can be a major indicator of a scammer. They might have glamorous photos of themselves that narrate their flashy lifestyle. Or they often brag about themselves and their job, almost as if they are boasting about their perceived wealth to their partner. If their life

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almost seems too perfect, you could be dealing with a scammer. A classic red f lag to ask your client about is the speed at which the relationship is developing. A scammer will work hard to build trust as fast as possible, and the best way to do that is to convince their victim they’re intensely in love. With permission from your client, get a copy of the messages exchanged. Be cautious of someone expressing strong feelings early on in the conversations. These scammers will use flattery tactics, agree with your client’s opinions, and rarely talk about their personal life. The goal is to keep the focus on the victim’s feelings. Some scammers will go as far as love-bombing their victims with small gifts. Finally, and the most obvious red flag, is asking for excessive amounts of money. “No real person is going to come and ask some online person for money. But they come up with the craziest stories for why they need thousands of dollars,” says

Beberniss. Common tactics to get money from their victims can be claiming a loved one is ill and they need help with medical bills. They could say they need money for phone bills to keep in contact with their victim. Then, the classic is that they need help with travel expenses to see their victim because they live too far away. If your client has been asked or has given away money, then it’s time to run a background check. Remember, clients will often overlook all of these red flags at first. They have built a relationship of trust with this person, and they don’t want to believe they are being scammed. It’s best to handle these cases with sensitivity and understanding when unmasking the devious nature behind a profile picture. How to Catch a Scammer Surprisingly, catching an online dating scammer can be pretty simple if they’re not too experienced. However, their tactics are evolving and Beberniss cautions against sharing too many of them.

“The more information out there that tells you how to spot these things, it’s almost like a training platform for these people.” However, we are able to provide some tips that can help assist your investigation aside from making a background check. If you suspect you’ve come across a fake online profile, you should first run a reverse image search—this can be accessed for free on Google. By running a picture in a reverse image search database, it will automatically show you all the times the photo has been posted. This is more common than some might think, “A lot of times I see people using profile pictures of international models.” It’s the perfect cover because, odds are, they haven’t reached fame in your client’s country. However, Beberniss warns that scammers have become too aware of this tactic. “They’ll often flip the image to trick the image search.” So, if nothing comes up in the first search, try flipping the picture to see if that produces different results.

Beberniss advises Private Investigators to check any links sent to their client with great diligence. “Scammers have evolved from very basic stuff to creating fake bank websites.” These websites will look nearly identical to the actual ones. However, there will usually be a key giveaway: the domain will be spelled wrong. For example, if your client was sent a link to Chase.com, look closer at the URL. They often change only one letter to trick people into giving them money, so instead of Chase.com, it’s Chose.com— this is a massive indicator of a scam. Finally, Beberniss suggests saving the various types of scams you come across because odds are, you’ll come across them again. “I have a database with about seven years of data in it. Many of these scammers will use the same tactics or even email addresses they used years ago.” This database allows Beberniss to watch repeat offenders while helping other investigators catch them. This is just the tip of the iceberg when catching a scammer, but that

information should be treated as confidential. If you want more tips on catching these scammers, try contacting another Private Investigator specializing in the field. Final Thoughts With online dating becoming more and more the norm and scammers taking advantage of these platforms, it is more important now than ever that Private Investigators familiarize themselves with these tactics. Often, it will be glaringly obvious what kind of devious person you’re dealing with, while other times, you may have to consider the red f lags presented to you carefully. These people are smart, meticulous, and manipulative. Anyone can become a scammer, but a very skilled private investigator must catch one. For more on romance scams, check out Beberniss’ other article: Discreetpi.com/ investigation-services/background-check/online-dating-scam/.

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Professional Marketplace Fall 2023 Featured PI: Kelly Riddle, Kelmar Global Each issue of Working PI magazine features an industry professional specializing in a unique service that may help your firm. Working PI sat down with Kelly Riddle, Private Investigator, Author, and Founder of Kelmar Global Private Investigations. How does your PI story begin? I started in law enforcement at the age of 20 while going to college for my criminal justice degree. After that, I went to work for an insurance company. I was doing SIU investigations (investigating suspected insurance fraud). I was eventually hired by an international PI company that had 26 offices throughout the world. They were having financial problems and were going under—so in 1989, I started my own business because I had to have some way of making a living. And that’s kind of how I got into the PI world. What areas do you focus on? We do a wide variety of services, but we focus on corporate and legal investigations. So, all the things that corporations need, such as pre-employment background checks, workplace violence cases—anything associated with corporate investigations. The legal investigations have to do with anything associated with legality issues. As an example, we do 18-wheeler and cargo investigations. We do medical malpractice cases, injury cases, accident scene investigations— anything that attorneys handle. What's something your clients should know? We are licensed essentially from Florida all the way to California, so we can operate, and we do operate, in different states, as well as having offices in all the major metro areas in Texas. One of the specializations that we also have is TSCMs, which are electronic book sweeps. A lot of clients don’t know that we offer those services. Is there any advice you would give to a new PI? You know, number one, it should be a passion—and if it’s not a passion and just a job, then you’re going to have a more difficult time succeeding. You need to get aligned with mentors and your state and national associations where you can be around other PIs and grow in the industry and learn from others. It’s not a lone wolf scenario—you have to learn on this job by being around others. It’s very difficult to do it on your own. Reach Kelly Riddle at Kelmar Global by phone at (888) 873-1714.

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