Navigating the aftermath of a divorce or separation can be an emotionally charged and complex journey, especially when children are involved. As parents, we strive to provide stability and support for our little ones, agreeing to specific terms within a child custody agreement to safeguard their wellbeing. But what happens when you suspect that this carefully constructed agreement is not being upheld by your former spouse? The suspicions and concerns that come with the notion that your ex-partner might be violating the terms of your custody arrangement can be both overwhelming and daunting. If you find yourself in such a situation, feeling uncertain about the steps to take or how to address this potential breach, you are not alone. This blog post aims to shed light on the options available to you and to provide guidance on how to proceed with both your child's best interests and your legal rights in mind.
After 20 years in this industry the first thing I tell people when dealing with an Ex, Rule #1, is to be NICE! Fake it if you must. This means being nice to the Ex, the attorneys, the courts, and especially the Judge. There are times when I get a call and the person is rude to me, and I am simply trying to help. This is difficult to address because if they are impatient with me and easily angered, they might be hard-pressed to follow rule number one, which is, to be nice. Rule #2 is not to put the kids in the middle of the argument. It is difficult not to because asking them questions is human nature, but please do not risk hurting them to hurt the ex and putting them in the middle of it does exactly that.
Some folks also believe that an investigation can be completed quickly and easily. Quick and easy is how you can make cookies, not investigate a family matter that involves children and extensive research. Especially surveillance are required. Certainly, the movies and TV do not help the Private Investigator, I mean, doesn’t everyone have James Bond-type spy equipment? Okay, back to reality. There is good equipment, and there are experts who use it, but there are no magic wands to do this type of work, just good old-fashioned investigations. In reality, uncovering breaches in a child custody agreement necessitates not only advanced equipment and expertise but also patience and a meticulous approach. Despite the common misbelief, investigations into potential custody agreement violations are complex and demand a nuanced understanding of laws, excellent observational skills, and the ability to compile legally admissible evidence. If you suspect your former spouse is violating the terms of your custody arrangement, it is important to document your concerns with precision and seek the assistance of a professional. This careful documentation will prove invaluable, should the case escalate to a court hearing. In such instances, the investigator's findings can be instrumental in swaying the court's decision and ensuring that the best interests of the child or children involved are preserved. To tackle any suspicions head-on, consult with an experienced Private Investigator who can guide you through the process of monitoring the situation, gathering necessary evidence, and, if required, standing as a witness in your favor during legal proceedings. Remember, protecting your child’s welfare and upholding the integrity of your custody rights are paramount, and with the right strategy in place, you can confront any violations with confidence. Once completed, the investigator, or investigators, might have to appear in court, if the reports don't dissuade the guilty party, thus having a reputable agent that is comfortable with court appearances is important.
After learning about the various ways a parent can violate a child custody order, such as by disregarding scheduled visitation times, failing to consult before making major decisions for the child, or even attempting to move the child to a new location without permission, it's essential to recognize the signs that these infringements might be occurring in your situation. Observing changes in your child's behavior after visits, inconsistent adherence to agreed-upon schedules, or unexpected disruptions in educational or extracurricular activities can all be indicators that your former spouse is not honoring the custody agreement. If you suspect that your child's other parent is breaking the terms of your child custody arrangement, document every instance meticulously. Keeping detailed records of times, dates, and descriptions of the violations can be instrumental if you need to seek legal enforcement or modification of the custody order. Document each incident of violation in detail, noting dates, times, and how the breach occurred. Reinforce your evidence with text messages, emails, or witness statements if possible. A private investigator is invaluable with getting surveillance video of potential violations and also using online tools to research other possible violations. Remember, the wellbeing of your child is paramount, and the custody agreement exists to serve their best interests. If you’re concerned about potential violations, consider consulting with a family law attorney who can offer guidance on next steps and ensure that your child’s needs remain the top priority.
If you suspect that your former spouse is violating your child custody agreement, it is crucial to understand the steps you can take to enforce the order and protect your parental rights. The legal system provides remedies for such situations, and you must act diligently. A judge may intervene to enforce the agreement and impose sanctions ranging from make-up visitation time to fines or even modification of custody. In severe cases of repeated violations, the transgressing parent may face more serious legal consequences such as criminal charges for custodial interference. It's important to act within the bounds of law and to keep the child's best interests at the forefront when navigating these situations. Remember, maintaining a record of all incidents and seeking proper legal counsel early can improve the outcome of your case. Always prioritize cooperation and communication, but when those fail, know that the law is there to uphold the agreed-upon terms of your custody arrangement.
To prove that your former spouse is violating the terms of your child custody agreement, a variety of evidence can be essential. Documentation is key in these situations, so you'll want to gather any relevant items such as written communication, visitation schedules, and a log of incidents that reflect non-compliance with the agreed terms. Visual evidence like photos or videos can also be powerful, particularly if they show the former spouse not adhering to the set pick-up or drop-off times, or engaging in behavior that contradicts the custody arrangements, or if they are not allowed to drive because of a licensing issue, etc. Moreover, witness testimonies, including those from teachers, childcare providers, or family members who can corroborate your claims, can strengthen your case. It's also beneficial to keep a meticulous record of any expenses incurred due to the custody agreement breach, as financial documentation can resonate strongly in court. Remember, organizing clear and convincing evidence is crucial for presenting a strong case to the legal authorities or a family court when pursuing action against a former spouse defying a child custody agreement.
When faced with the suspicion that your ex-partner is violating the terms of your child custody agreement, you might feel a mixture of frustration, worry, and helplessness. However, it's imperative to remember that there are legal avenues you can pursue to address these concerns and ensure your child's safety and well-being remain the priority. An experienced family law attorney can be an invaluable ally in this situation. They will work diligently to help you comprehend the specifics of your custody arrangement, gather necessary evidence, and advocate effectively on your behalf. Legal professionals understand the nuances of child custody laws and will strive to resolve matters quickly and amicably, while also being prepared to escalate to court proceedings if warranted. Protecting your child's best interests isn't just a moral duty; it's a legal one, and with the right guidance, you can take decisive steps to safeguard their rights and your peace of mind.
Click on image for a female's perspective |
Click on image for a male's perspective |
For more information on Child Custody Cases, click here to see what the investigation process looks like.
]]>Cyberbullying is an all-too-common form of digital torment that manifests in many ways, including the public shaming of individuals, incessant unwanted messages, and the unauthorized distribution of private information. Perpetrators can easily exploit platforms like social media, messaging apps, and discussion boards, inflicting deep emotional wounds that can shatter lives. Those on the receiving end of such attacks often endure tremendous psychological pain that adversely impacts their overall mental health and happiness. To effectively counter cyberbullying, it is crucial to be able to spot the warning signs and be aware of the avenues for assistance. If you or someone near you falls prey to these malicious tactics, it's vital to first record evidence of the harassment. Then, promptly notify the authorities on the platform where it's taking place and lean on the support of reliable friends, relatives, or trained experts. Bolstering your online privacy settings and being cautious with your personal data are additional proactive steps in safeguarding yourself against such virtual abuse. Remember, everyone has the right to a harassment-free online presence, and by taking these affirmative steps, we can help halt cyberbullying in its progression.
The second type of cyber-harassment is anonymous, and this can be a highly difficult form to fight because the perpetrator is hiding who they are, and though we hate to say it, social media platforms have an unimpressive history of limiting and fighting it. They are so abysmal at regulating harassment that even those with means and unlimited financial resources have difficulty combating it. Let that sink in for a moment. If you are a private citizen with limited means and low techno-wizardry, you might not be able to identify or stop the harassment. Local law enforcement is equally woeful at investigating and fighting it. Reporting mechanisms on social media platforms must be utilized to alert authorities of abusive behavior, but be prepared for slow or no assistance, but that does not mean to stop trying. These platforms must be held accountable for harassment on their platforms. Additionally, implementing strong privacy settings and learning digital etiquette can minimize the opportunities for cyberbullies to target individuals. Document the harassment, get screenshots, copy the URLs where the harassment is taking place, check with others who might know who they are, and keep everything in a safe place for access later. This topic will be reinforced later.
In the blog post "Understanding Cyberbullying and Taking Action to Stop It," the author emphasizes the importance of meticulously documenting every instance of cyberbullying. If you find yourself a target, make sure to create a detailed record of every harassment event. This could involve typing out the details in a document or taking screenshots for proof. Note the date, time, and exact content of each interaction, including as much detail as possible. You're essentially assembling a comprehensive portfolio of the misconduct. To safeguard your data, it's wise to back up your digital devices. Consider using cloud services for extra security and, if you're an iPhone user, don't forget about backing up your iMessages. To further secure your online presence, update all passwords and enable multi-factor authentication on your accounts, providing a sturdy defense against novice hackers. For added security, you might contemplate a factory reset of your devices, though consulting a tech expert before doing so is recommended. Should the cyberbullying intensify to dangerous levels, involving stalking or threats to your safety, take control by involving the authorities. Filing a formal report promptly ensures that there's an official record of the harassment, alerting the police to the problem.
2) Contact Law EnforcementWhen faced with cyberbullying, it's crucial to take immediate action and report the harassment to the relevant authorities to create an official record of the incident. It's important to proactively tackle cyberbullying, though one should be prepared that solutions may not be immediate. Initiating contact with law enforcement is an essential step, but it is important to acknowledge that not every officer will possess the advanced digital expertise or specialized training required to handle cyberbullying cases. Filing a formal complaint is imperative to make the authorities aware of the situation. However, for efficient and prompt resolution, you might also consider enlisting the help of private experts who are proficient in digital security and experienced in handling online harassment.
3) Contact a PI or other Experts in Digital ForensicsIn the fight against cyberbullying, it is crucial to have the right technical support. Cybersecurity experts have the skills to thoroughly investigate your smartphone and offer significant assistance - something that might be beyond the capabilities of many law enforcement personnel. However, these specialists are in high demand with a limited supply, so their time is precious.
Should you require their services to clone your phone, it's imperative to leave it to the professionals. Taking on this task by yourself could undermine the validity of your case. Should law enforcement become involved, they may question the cloning process, and any missteps could cast doubt on the evidence's legitimacy. The integrity of the process is paramount; all measures taken should be unassailable and adhere to rigorous standards.
Before seeking the help of authorities for a cyberbullying issue, do not erase any data from your phone. If you decide that a data wipe is necessary, be certain to back up the content of your phone, as well as any other relevant electronic devices, before performing a factory reset or any kind of data clearance. The guidance of a cybersecurity professional is vital, ensuring that the evidence retained is legitimate and can support you in your efforts to halt cyberbullying.
4) Don't Communicate with the HarasserBuilding on the essential guidance that emphatically states, "Above all, do not engage with your harasser," it is crucial to fortify your digital safety measures to fend off cyberbullying. Engaging with a cyberbully is a grave error; it only leads you further down into an ever-deepening spiral of trouble. Maintaining any kind of dialogue with the perpetrator can be misconstrued as tolerance of their behavior, potentially egging them on. Additionally, this could weaken your position legally, as continued interaction might be seen as acceptance of their conduct. Imagine a scenario where law enforcement gets involved and inquires about your last interaction with the harasser; admitting to months of back-and-forth will not reflect favorably on your situation.
There's a three-step approach to handle this: instruct the bully to stop, clarify that their actions are unwarranted and unwanted, and firmly state that this will be the final time you're addressing the issue. By taking these steps, the bully becomes aware that you find their actions inexcusable. While legislation can vary from state to state in the U.S., making it clear that the harasser's behavior must cease unequivocally indicates that you have warned the individual about their conduct.
Above all, prioritize securing your social media accounts by utilizing the strictest privacy settings available. Such measures not only act as a barrier against potential online harassers but also minimize the risk of them obtaining your private data. Enhance your internet safety further by routinely updating your passwords and enabling two-factor authentication whenever it’s an option. Additionally, exercise caution when it comes to the information you're posting on the web. Be aware that sharing personal details like your daily routine or whereabouts can be exploited by cyberbullies to harm you. By consciously limiting the information you make public, you're effectively shrinking your digital footprint and reducing the likelihood of being singled out by bullies on the internet. Adopting these proactive strategies is a fundamental step towards safeguarding yourself and maintaining control over your online identity in the fight against cyberbullying. When all else fails, get help!
Need Information? Open Source Intelligence vs Private Data |
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Workplace Harassment: Who is Protected? |
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Workplace Discrimination: What it is, Who is Protected |
Harassment is a very serious allegation to claim. We often hear things like “I know I am being harassed and followed”. For us, there are many follow-up questions after this statement. Our first two questions are always, how are they harassing you, and are they demanding something or threatening you? When the answer to the latter is in the affirmative, that is serious. If the answer is something else, we must probe a bit. If a person is being threatened and or someone is demanding something, the police should be notified.
You will likely have to try and get a name, address, and contact number of the assailant to provide law enforcement, but being threatened is serious. If you believe someone or multiple people are following you, or someone is observing in or around your home, in some matter or fashion, you will have to prove that, and the best way is a camera system inside and outside your residence. Camera systems for homes are quite low cost and come from several manufacturers: Ring, Simplisafe, ADT, Blink, Defender. There are dash cameras that can be placed in your vehicle that are motion activated, and those are cost efficient these days, coming from companies like, Thinkware, Nexar, Vantrue, Kenwood, Rove, and many more. We often hear: “I have tried that, and someone is messing with the Wi-Fi and network or that those are installed, and nothing is on them”. We then suggest using standalone cameras in the home that are battery or electric powered, something that do not use Wi-Fi, but are motion activated, like a USB charger that has a camera, a smoke/carbon monoxide detector that has a built-in camera, and more. These are also inexpensive ideas.
The idea here is to put up cameras to record who is following you, harassing you, entering your home, etc. Being able to get video evidence of the individual and their license plate information is essential for further investigation. At that point there are folks that can conduct surveillance to ascertain the identity of the individual or individuals executing the harassment.
If you believe someone is using chemicals in your home, you might consider having a professional that deals in those areas, likely I specialized contractor, come out and do testing. If you are dealing with noise issues, recording the noise and getting decibel readings will be helpful to prove your case when filing a complaint with law enforcement.
In the end, trying to prove harassment is a highly difficult enterprise, as you need to prove with exact specificity the harassment, and that means video, photo, audio, names, dates, addresses, etc., to move your complaint forward. Again, just “knowing” you are being harassed or followed is likely not enough without concrete evidence of the illegal behavior.
For example, there was a case where a person sent very specific email threats, repeatedly, of how they were going to "murder" people at a company, and the local law enforcement agency did not put much stock in the threat. The company provided the name of the individual, the address, the emails that were highly graphic and specific, and their work history (they were experts with weapons), with which the police department took a report and did not follow-up with the company. It took several calls to local PD before the FBI got involved. The point here is that if a local respected company has to battle to get law enforcement to move on harassment, think of how difficult it might be for an individual. Make sure you are equipped with all sorts of facts and proof, it will help move your case forward.
Need Information? Open Source Intelligence vs Private Data |
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Workplace Harassment: Who is Protected? |
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Workplace Discrimination: What it is, Who is Protected |
Trying to request a problem get resolved or issue be taken care of by a landlord, property manager, or property management company, can be a difficult and time-consuming enterprise, even for emergency situations. What is an emergency for you is likely a hassle for the property management company, and rarely are these companies empathetic, sympathetic, or eager to fix much of anything, as problems cost money and take up resources. It isn’t uncommon for property management companies to ignore requests, as they hope, and often succeed, in waiting so long that the tenant gives up. PLEASE do not do that, if tenants give up or ignore the issue, property management companies win, as it allows them to continue the poor behavior.
Below is a path to try and persuade property managers to take care of the problem(s). It might not always work quickly, but the more you are persistent, the better your chances are for success. In my experience in investigating these companies, they largely care less about tenants, make promises and commitments they don’t keep, and are perfectly fine in that space. It is truly shocking, but a reality that many renters face. To be sure, there are less than reasonable tenants as well, and property managers do deal with unruly folks themselves, but this piece is about property management companies (PMC’s) and how tenants can facilitate getting things done.
First, contact the property management company directly. If the local manager isn’t helpful, take the grip upwards. Sometimes miscommunications happen, so continue upward until you reach the top. Ensure that you are nice, but set expectations and make requests, simply complaining might not get you very far. Document all calls, emails, texts, and other communications, this is important if legal action is necessary. Take photos and videos if it is something that can be visually documented. Use a time-stamp app on your phone to prove the date and time the images and video were taken.
For issues like mold, damage to the property, backed up sinks, etc., visual proof of the issue goes a long way when articulating what the problem is. If it is financial, or contractual, keep copies of documents, PMC’s are notorious for over-billing and making promises and guarantees they do not stick to. If you are in a state that allows recording over the phone, do it, or when you are in their office, and it is in the public sphere, and no expectation of privacy is warranted, record the conversation (check local laws on this, we are not attorneys, and don’t give legal advice, but just providing some ideas).
Next, hit social media. If all attempts have failed to request assistance from the property manager and property management company, provide constructive feedback on related websites. It is important to be factual and to the point. Remember that whatever you post could come back on you if you are not honest, so do not exaggerate or lie, be respectful to the process. You do not want the management company to lie or be deceitful, though if you are at this point, they probably did both, but take the high road, even though it can be time consuming.
Apartment Websites:
– Rent.com
– RentCafe
Finally, if all else fails, take them to court. Before doing so you can try to organize a group of others to join you, tape a flyer to each of the other tenant’s doors, or place a flyer on a message board, or in mailboxes, to see if anyone else has had the same issues. Getting corroborating witnesses can be extremely helpful, it is likely the management company has several detractors, finding those to help your cause is the smart thing to do. And even further, by finding past employees, can also be beneficial, the majority of maintenance crews are well aware of the manager and management company’s policies and what they were asked to do.
In the end, this is a time-consuming process, but it can be rewarding for those willing to hold the PMC accountable. They are betting against you, as usually their contracts are written to where you will essentially be required to enter into a legal battle, but please do so, someone MUST hold them accountable, it might as well be you. And if all this info and processes do not work, of if you have any questions, we can probably up the game a bit, give us a call.
Need Information? Open Source Intelligence vs Private Data |
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Workplace Harassment: Who is Protected? |
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Workplace Discrimination: What it is, Who is Protected |
Trying to access military records without the consent of the military member can be a difficult process, if not a futile one. It is even more difficult if the person is not next of kin, is a business, or organization. Think of Military Records as employment and health records combined, there are lots of pertinent laws protecting these records, and rightfully so.
The general public does not have access to records of law enforcement or a person working at Walmart, service members protecting the nation are awarded some privacy, even though the citizenry pays their salary. There are some exceptions and limited information that can possibly be had with the correct paperwork and patience. Per the National Archives (NPRC), “Without the consent of the veteran or next-of-kin, the NPRC can only release limited information from non-archival Official Military Personnel Files (OMPF) to the general public. Click here for a list of information available under the provisions of the Freedom of Information Act. Greater access is granted for records 62 years and older, also see Archival Records.
There are some records that are available via the Freedom of Information Act (FOIA) and the Privacy Act, there too is a process for accessing that information. You will still need exact information of the potential military member for this information, should it be available, and that includes Name, DOB, SSN, etc. In the end, the requests take time, even when the exact form is completed correctly and fully.
Information possibly available via FOIA and OFP to the general public:
· Name
· Past and Present positions
· Past and Present titles
· Past and Present salaries
· Past and Present grades
· Past and Present job locations
PHONE: 314-801-0800
NPRC Mailing Address:
National Personnel Records Center
Military Personnel Records
1 Archives Drive
St. Louis, MO 63138
Note: Peak calling times are weekdays between 10:00 a.m. CT and 3:00 p.m. CT. Staff is available to take your call as early as 7:00 a.m. and as late as 5:00 p.m. CT.
Helpful Links:
Archives Home Page: https://www.archives.gov/veterans
Military Service Records Home Page: https://www.archives.gov/veterans/military-service-records
Other Request Methods: https://www.archives.gov/veterans/military-service-records/other-request-methods.html
Personnel Records Center: https://www.archives.gov/personnel-records-center/ompf-access
Records Locations (Branch): https://www.archives.gov/veterans/military-service-records/locations
Need Information? Open Source Intelligence vs Private Data |
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What to Expect When You Hire a Private Investigator |
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Workplace Discrimination: What it is, Who is Protected |
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If data from Credit Report Companies, the Department of Motor Vehicle, Utility Bills, and others, were available to the public, would celebrities, athletes, politicians, police officers, to name a few, ever have peace? Out of 350 million people in the US, probably not, there would likely be a few fans or detractors that might make things difficult for some of them.
Open-Source Intelligence (OSINT) is public information. Much of this data is available via internet research, social media, the library, etc., it is basically anything the public can access. Private data from sources like the Department of Motor Vehicles, Credit Report Information, Utility Bill Information, and others, can be obtained by Investigators, both Private and Government. These sources require agreements and licensure, they are not available to the citizenry writ large, and that is a good thing. Social Security numbers, drivers license information, places of employment, etc., are private and confidential, thus these databases are available, for a fee, to those that qualify for access.
OSINT is defined in the United States of America by Public Law 109-163 as intelligence "produced from publicly available information that is collected, exploited, and disseminated in a timely manner to an appropriate audience for the purpose of addressing a specific intelligence requirement." NATO states that OSINT is intelligence "derived from publicly available information, as well as other unclassified information that has limited public distribution or access."
PI's can provide information derived from Private, Confidential, and Protected intelligence. When accessing private information, a subscriber to private/condfiential information databases must have a valid reason, but PI's do have access, unlike the public:
GLBA (Gramm-Leach-Bliley Act) protects financial information
DPPA (Drivers Privacy Protection Act) protects Motor Vehicle information
These sources require licenses and other agreements before gaining access to third party databases.
In short, anyone can access OSINT if they know how, as it is publicly available. It is a process that applies to taking information and tailoring it to a particular need, and in the case of PI’s, it's usually a Background Investigation.
When solving a problem or answering questions is paramount, it is likely vital to have both OSINT and Private Information discovered, and thus the need for an industry tailored to that end. If data becomes the Wild West, and anyone can hack and gain access to anything, cyber bullying and harassment could likely be an even greater problem than it already is.
As we discussed in the above, OSINT is fair game, as it is open to the public, so if there is information online about a celebrity, that is fair game. However, the Drivers Privacy Protection Act (DPPA), the Gramm-Leach-Bliley Act (GLBA), and so many more (HIPAA, FCRA, FERPA, ECPA, COPPA, and VPPA) are constructed to protect information from being accessed for nefarious investigations.
Googling Yourself and Your Internet Reputation |
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What is Mobile Forensics? |
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Social Media Background Investigations |
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When we think of the risks to our online presence, the stakes can actually be quite high. Adverse personal information easily found online could cost you your career or even put you in harms way. This could be anything from damaging Yelp reviews of your business or old Twitter comments that could be dug up and used against you, and the highly important Google Rating. The easiest way to assess the threat level is to do a quick Google search of your name or business.
Doing so, you might be surprised at what could be out there on those first few pages. While Googling yourself might at first glance seem indulgent or the height of Millennial culture, many of us do it as damage control or prevention. In the findings of a new survey done by Domain.me of 1,000 U.S. adults, 24 percent of adults in general--and 43 percent of Millennials--said they'd been negatively affected by information about them online.
**Entrepreneur, January 2019
Online reputation management (Or ORM) is big business and is considered high priority for most Fortune 500 companies, but now is vital for small business, and likely more so. It is rare for a review to impact McDonald's, but a small company can ill afford negative reviews. Originally thought of as an arm of public relations, the growth of social media has made search results a core part of an individual's or group's reputation. ORM focuses on the digital management of a person, product, or service's search results. A variety of electronic markets and online communities like e-Bay, Amazon and Alibaba have ORM systems built in. But the every day user and small business owner can have the benefits by using a company that specializes in ORM. For businesses, reputation management usually involves an attempt to bridge the gap between how a company perceives itself and how others view it.
What you can do:
There are many reasons to use a company that offers ORM, and it might be worth a look at the person or persons that are behind the reviews and negativity that might impact your reputation, but again, holding the person accountable is important if the information posted is false.
]]>Do these statements sound familiar?
“I don't have the money to meet my monthly child support and/or alimony obligations, what do I do?”
“Am I facing the possibility of jail time for non-payment?”
“My ex just informed me that he/she lost his/her job and won't be making their child support and/or alimony payment this month, what do I do?”
With the coronavirus causing businesses to shut down, social distancing, and quarantines across the country, a massive jump in unemployment has occurred. While a stimulus package and the CARES Act helped stave off the worst financial losses over the past several months, permanent relief and a return to normalcy is not as quickly coming as most had hoped. Now, with evictions looming and further stimulus packages not a sure thing, an increasing demand for reductions in child support and alimony orders across the country have risen. Depending on the extent of your financial loss and/or change in your financial resources or employment status, a modification may be possible.
Child support is eligible for a review every few years, or when there is a material change in circumstances such as a significant change in the needs of the child or in the paying parent's income. This occurs after a petition is filed requesting that the existing agreement be reduced / increased. With the filing, you will need to describe the change that is occurred and have any needed documentation justifying the request.
How to Prove Your COVID-19 Change in Circumstance and Lower Child Support Obligation
Because the pandemic’s effects on the economy are so well-known, convincing a judge that the virus has caused a change in your circumstance may be easier than usual. Often, people requesting that their child support payments be lowered must supply a lot of evidence and are usually met with suspicion. However, if the virus caused your job or business loss, or reduced your income, the judge may not have much trouble believing you.
That being said there are some things you should start doing right away to place yourself in the best position possible to prove your change in circumstance and lower your child support to the court after the crisis has passed:
Communicate: This is an unprecedented time in our lives, and everyone is navigating this new reality day by day. Communicate with your ex as soon as you learn of your job / business loss so he/she knows not to rely on that money coming in while he/she makes his/her own plans for dealing with this national crisis. Document your communications and try to reach a temporary alternate agreement with regards to payments while you look for new employment.
Make a Good Faith Effort: You are much less likely to be penalized for not making payments if you can show that you made a good faith effort to ensure the other party was notified right away so they could make plans and that you did everything in your power to make the payments. If you can pay something towards your obligation, do it. The Courts will consider whether a good faith attempt was made to pay a portion of your obligation and will look at your finances to determine if you had the ability to do so. While you may not have the ability to pay 100% because your income has decreased or you have lost your job, an effort to pay something during these times will likely not go unnoticed by the court and will definitely work in your favor.
Be Proactive: Normally when an individual loses their job or has a decrease in income the Court will request proof that the person is actively looking for alternate means of employment / income. While a lot of people may not be hiring at this time, do your best to put your resume out there and apply for jobs (and document these efforts) to show the court you did everything in your power to meet your obligation.
If your spouse has stopped making payments and claims to have lost his/her source of income, it is in the best interest of all parties to try to work out an agreement. If you suspect that they have not fully lost income, are receiving payments from an undocumented source or unemployment (which depending on the state, can be garnished for child support or alimony payments), then it is worth doing some research as these are serious allegations. Talking it over with the ex-spouse first is always a good idea and if your suspicions linger, you should hire a professional to investigate the situation.
This is an unmatched time in the world economy, but you do have options. Looking into an investigative and/or legal team in Kansas City or St. Louis, MO, to help you out can reduce your headache and financial burden going forward. There are a lot of uncertainties when it comes to the future, but your child support/alimony payments/income does not need to be one of them.]]>
Lately, there have been a surge of whistleblower accounts in multiple industries across the board. Whistleblowers in police departments have been coming forward about wrongful law enforcement practices and a recent change in home healthcare laws have seen many home health professionals speaking out against abuse and neglect within their own companies. More than 3,000 complaints have been filed with Occupational Safety and Health Administration (OSHA) in the midst of the pandemic alone.
Just this past spring, Thomas le Bonniec, the former Apple contractor who helped blow the whistle on the company’s policy of listening to users’ Siri recordings has sent a letter announcing his decision to go public with information. The letter was sent to all European data protection regulators and stated, “It is worrying that Apple (and undoubtedly not just Apple) keeps ignoring and violating fundamental rights and continues their massive collection of data.” (The Guardian, May 2020)
Whistleblowing has a long-standing tradition in American and World histories. In America, it began with Benjamin Franklin who in 1772 passed secret British documents along to Samuel Adams. Although there are protections in place for whistleblowers in America, a lot of workers who see fraud and corruption in their companies are reticent to report it because of fear of retaliation or the stigma of whistleblowers perpetuated by corporations.
Project On Government Oversight (POGO) led an investigation into the Department of Veterans Affairs and found that the office dedicated to increasing accountability and protecting whistleblowers appear to have retaliated against several employees who raised concerns about the office’s mismanagement.
POGO spoke with nearly 20 current and former employees of the approximately 80-person office within the department responsible for caring for veterans, reviewed emails and documents, and found examples of apparent retaliation that include limiting job responsibilities, moving people to lower-level positions, and termination (POGO.org March, 2020).
It is important to know your rights before becoming a whistleblower. Thankfully, there are several government agencies that have websites designed to educate and help you through this process. Also, having solid, documented evidence of wrongdoing is highly encouraged to help validate your case and protect you against retaliation. Hiring a knowledgeable Private Investigator and legal team can also help mitigate possible fall-out in your professional and personal life.
Having a third party look through your corporate handbook and document evidence of wrongdoing is a tool not worth forgoing in these situations. As well, having a dedicated legal team be able to advise you on proper steps (for example, how to know if you should make a formal complaint internally first or to go collect and go public with your information) is vitally important.
It can be daunting to go up against a company and to put your reputation and profession on the line, but the cause and rights of the whistleblower has been upheld time and time again in court. The public relies on good people to call out the wrongs of their institutions and employers to keep society fair and capitalism running smoothly.
If you have any questions regarding becoming a whistleblower, you can read more Here.
For more information on how to submit a tip, protections of whistleblowers, and whistleblowers and retaliation, check out these links:
https://www.sec.gov/whistleblower
https://www.sec.gov/whistleblower/submit-a-tip
https://oig.justice.gov/hotline/whistleblower-protection.htm
https://www.workplacefairness.org/general-whistleblowing
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Also, there has been a rise in racial discrimination in the workplace considering the recent unrest that has permeated the nation. Surprisingly, these types of discrimination aren't even micro-aggressions or unconscious biases. At an Illinois fence installation company, a black employee was repeatedly subjected to racial slurs and comments and other offensive conduct, including the display of a noose. At a Minnesota mattress manufacturer, it was found by EEOC that employees were subjected to racial harassment in the form of displays of KKK hoods, nooses and verbal expressions of racial slurs and jokes. (EHS Today June 5, 2020).
Most workplace discrimination isn't quite so blatant, however. You might feel that you were discriminated against, but how can you tell if you have a valid case? There are several different factors you must consider when it comes to workplace discrimination. First, be aware of what workplace discrimination is legally defined as and how it is outlined by your company. Second, how exactly was it that you were discriminated against. Third, do you have or are you able to get evidence to prove your case in court.
The Federal Anti-discrimination laws that make it illegal for an employer to take adverse employment action against you only apply if you are a member of a protected class, or category of persons. Not all types of discrimination are protected under the federal laws, so you should make yourself aware of who is federally protected.
There are three main laws that protect these categories of people:
Title VII of the Civil Rights Act of 1964 (Title VII) makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. Title VII also makes it illegal to discriminate against women because of pregnancy, childbirth, or medical conditions related to pregnancy or childbirth.
The Age Discrimination in Employment Act (ADEA) makes it illegal to discriminate against someone because of age. This law protects people who are 40 or older.
The Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 make it illegal to discriminate against a person with a disability.
There are state and local laws that also make it illegal to discriminate against someone based on gender identity, immigration status, language, family responsibilities, sexual orientation, and/or genetic information. However, there is no Federal law broadly protecting these classes of people, so if you feel like you've been discriminated against based upon one of these identifiers, it is best to check with your local laws before proceeding.
Discrimination Types:
Discriminatory Intent/Treatment
A discriminatory intent, or discriminatory treatment claim is when an employee is treated worse by an employer because of his or her status as a member of protected class or category.
Disparate Impact
A disparate impact claim is a type of discrimination based on the effect of an employment policy, rule, or practice rather than the intent behind it. The anti-discrimination laws make it illegal for a seemingly neutral policy, rule, or practice to have a disproportionate adverse effect on members of a protected class. For example, a strength requirement might screen out disproportionate numbers of female applicants for a job or requiring all applicants to receive a certain score on a standardized test to be eligible for a promotion could adversely affect candidates of color.
Retaliation
A retaliation claim is when an employer retaliates against an employee who engages in conduct that the law protects, like making a complaint about discrimination, or reporting a safety hazard. See the Retaliation Page for more information about retaliation claims.
What to Do if You Have Been Discriminated Against:
The first thing to do would be to talk to an employment attorney. They can let you know what types of evidence you'll need to gather for your case. In every case, you will have to prove discrimination in a court of law. In general, there are two types of evidence that can be used to prove discrimination: direct and circumstantial.
Direct evidence is the best way to show that discrimination occurred. Direct evidence of discrimination can include statements by managers or supervisors that relate the adverse action taken against you to your protected class status. The best way to have this type of evidence is to obtain statements written in letters, memos, or notes. Or if an inappropriate or vulgar picture was left on your desk at work, keep the picture and provide it to your attorney. The use of a private investigator is also beneficial because they can take witness statements to help your case or even in some states, have conversations recorded. It is always best to talk to your attorney because state and local laws can determine what can and cannot be used in a court of law.
Circumstantial evidence points to discrimination through a series of inferences. The Seventh Circuit has laid out three categories of circumstantial evidence that can be used to prove discrimination:
1. Suspicious timing of the adverse action against the plaintiff; ambiguous statements by the employer; an employer's conduct toward other employees in the same protected group as the plaintiff; and "other bits and pieces" of evidence "from which an inference of discriminatory intent might be drawn";
2. Evidence that employees similarly situated to the plaintiff but are not members of the same protected group "received systematically better treatment"; and
3. Evidence that the plaintiff was qualified for a position, but was replaced by or passed over for the position in favor of someone not in the same protected group as the plaintiff and that the employer's stated reason for not choosing the plaintiff was pretextual.
Rudin v. Lincoln Land Cmty. College, 420 F.3d 712, 720-21 (7th Cir. 2005).
The likelihood of obtaining direct evidence of discrimination is extremely slim. Supervisors and other company personnel are generally well-trained by their own attorneys to suppress biases and prejudices in the workplace. In almost every case, an employee must rely on circumstantial evidence to create a presumption of discrimination although this can be exceedingly difficult to get. Collecting witness statements from co-workers by a licensed PI has been invaluable in providing this evidence and connecting these dots.
You do not have to allow discrimination to continue in your workplace. While it is difficult to understand how discrimination is still an issue in 2020, discrimination is difficult to prove, and difficult to fight. Having trusted professionals like a good employment attorney and a private investigator on your side makes the task that much easier and takes a lot of the stress of proof off your shoulders.
For more information on your rights as a member of a protected class, you can read this article from the American Bar Association.
**Update:
As of 6/15/2020 The Supreme Court ruled to include LGBTQ as a federally protected group.
For more information on this change, you can read this article.
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In the past, companies have been reticent about letting their employees work remotely. In 2013, Yahoo famously abolished it's work from home policy the Best Buy following suit not long after.
Organizational psychologist Frederick Morgeson, of Michigan State University, editor of the Annual Review of Organizational Psychology and Organizational Behavior stated, “Managers don’t trust their employees. They’re afraid that if they’re untethered, they’ll be out on the golf course or going to a movie or sitting on the sofa eating bonbons.” (Eryn Brown, Knowable Magazine)
Are these still legitimate concerns for companies? All research indicates that as of now, it's hard to say. Data is still new enough that there aren't quite enough metrics for corporations to determine productivity levels.
“There’s so much noise right now,” says Bradford Bell, an organizational psychologist at Cornell University who has studied companies’ transitions to permitting mobile work. “How would you evaluate the effectiveness?”
A survey that came out in early April stated that while people in general loved working from home (no commute times was a big reason) they also stated that they felt less productive and more lonely. Workers felt like projects were slowing down due to longer wait times in communicating with colleagues and they felt cut off from networking and professional growth opportunities. Even still, a reported three-fifths of people working from home said they’d like to keep doing so once the crisis is over.
So what are corporations and their employees to do? What does remote working look like going forward?
Otema Yirenkyi, VP Global Engagement and Managing Director Africa, Project Management Institute (PMI) has some sage advice: “When it comes to virtual teams, the biggest mistake managers make is operating like it’s business as usual.”
This seems to be common sense but it can be too often forgotten in the rush to maintain deadlines and keep the team intact. The way team members report their daily work looks different, team meetings feel different and communication is definitely different. The difference even extends into how a company hires its employees in the first place. Certain characteristics like communication, humility, discipline and adaptability are far more important in a remote setting than in a cubicle.
As well, the communication sent by managers to their teams must also be different. In a remote setting, there is no such thing as over communication.
“We don’t realize how much we rely on informal communication until it’s gone,” says Executive coach Mikaela Kiner. “You can no longer drop by or rely on hallway conversations.”
Instead, companies are relying on video conferencing. "Zoom" has now become synonymous with how most businesses have conducted meetings the past couple months. This is a great way for employers to check in with their employees and to make sure collaboration stays up to date and fresh. Most experts also recommend a tool like Asana for telecommunication and goal setting. Even Facebook has it's own version now.
Harvard Business Review wrote a really great article about managing remote workers that many businesses have seem to taken to heart. However, at the onset of the pandemic, most businesses and corporations probably imagined that working remotely was a necessary but not permanent solution. However, two months after most companies went remote, the bigger tech companies are planning on keeping their workers remote at least until the end of the year-- if not later. Tech giants Google, Amazon, Twitter and Facebook have all said they'll be keeping their workers away from the office as much as possible until the end of the year. Companies like Zillow and Microsoft have followed suit.
So what does this look like going forward? For starters, the use of Private Investigators and software that can track employees is on the rise. While tracking software has grown exponentially (companies that offer these services say there was a 40% increase in requests for licences) they have also come under fire as being too much like "Big Brother" and demoralizing workers.
The use of Private Investigators, however, doesn't have the stigma or far reaching consequences of spying software. When PIs are used, it is usually because the company already suspects that the employee is neglecting their work by substantial measures. An Investigator is then hired to document the activities, such as golfing or boating instead of working. That evidence is then used in the employee's termination.
Andrew Macmillan, head of employment at Boyce Hatton Solicitors, stated that while most employees were hard working and conscientious, spotting the “rotten apples” can be difficult when employ.
“It is pretty easy to establish which are the bad apples when you can see or smell them, but not quite so easy when you can’t,” said Macmillan. “It isn’t always easy to know if someone is slacking or not when they are working alone and/or remotely.”
Either way, it seems remote working has become far more commonplace thanks to the pandemic and isn't about to go anywhere. It'll be interesting to see what other companies follow the lead of the Tech giants and extend their work from home orders until the end of the year or even indefinitely. In the meantime, experts are still trying to find ways of tracking productivity, managing teams and keeping employees motivated and happy.
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When was the last time you googled your own name? Were you horrified at what you found? If you're reading this, it's very probable that a ton of your private, personal information is available to anyone with an internet connection let alone trained corporate data collectors. Do you see old social media posts, terrible photos, a list of your phone numbers and addresses? What websites have your credit card information stored? Your social security number? The internet is a wealth of information for those who know where to look. Would you like to erase your personal information off the internet? Want to help prevent businesses or hackers from accessing or selling your information? Sadly, it is not as easy or as all-encompassing as it should be. Here are a few steps you can use to start the process of becoming Internet Anonymous.
1. Remove yourself from Data Collection websites
Unfortunately, removing yourself from individual websites is the best way to accomplish this, but it takes a lot of time and patience. Some websites have a link to remove your information but it's usually hidden in fine print or on buried pages. Some websites are even trickier and require an email sent (and multiple follow-up emails, this writer found). A good way to start doing this is by visiting some of the bigger websites that not only collect your information but also sell it to smaller sites. If you can get your information off the big sites, the removal might trickle down to the smaller ones, but deleting your information from all of them is the best policy.
2. Submit a Credit Freeze
Ever wonder why you get so many credit card applications in the mail? It's because companies can gain access to your credit report online without your permission. Several databases will even list you as a good credit card candidate that companies can access. A credit freeze, also known as a credit report freeze, credit report lock down, credit lock or security freeze, is extremely easy thanks for State laws and can be easily reversed. It simply allows an individual to control how a U.S. consumer reporting agency is able to sell his or her data. The credit freeze locks your data at the agency until you authorize permission for the release of the data. This is a great way to hide your information from credit card companies and individuals looking to steal your identity. Since your credit information won't be available, no institution will allow someone to create a new account with your identity.
3. Delete or Change Privacy Settings on Social Media Accounts
Some social media accounts let you change your privacy settings to make you virtually undetectable. Bigger sites like Facebook or Snapchat even have settings where you can set your profile to be unsearchable. Other sites like Instagram have settings where you can set your account to private. Some, however, do not have that option and your information will be on that site's server until you reach out to the website and ask them to remove your information (think Google+). Some websites are easier than others to delete your personal information from. When in doubt, reaching out to the site administrator is an option.
On some websites, you can request the information the site (Facebook, Twitter, etc.) has on you. If you want to go extreme and completely delete your social media presence, just be aware this may affect your ability to connect with future employers or social contacts.
4. Be Aware of any Website That Stores your Information
Most people are aware that websites use cookies to track where you've been and where you've clicked on websites. But websites can store tons of information you're not aware of, including IP addresses, how long you were on certain pages and scrolling trends. Erasing your cookies erases them off your computer but not from future searches. Plus, some websites won't let you access the site without having cookies enabled. For this issue, use a Virtual Private Network (VPN) that encrypts your information creating a private line between yourself and the internet. This will mask your IP address and help prevent eavesdroppers from tracking your internet activity. These services are generally subscription-based although some sites offer free services.
5. Delete and Deactivate Old Accounts
Do you have old email accounts? Do you still have your MySpace account? When information like your email address, phone number and credit card information is located on multiple old sites, the easier it is for your information to be caught up in a data breach. It can be a tedious process to look up old passwords and emails for accounts, but it is good for future headaches and lasting privacy.
These steps are just the beginning of protecting yourself on the internet. It can be an overwhelming process and it can't be finished all in a day, but for the sake of your personal information and privacy, it is something that should be done. Regular privacy audits should be at the top of any savvy internet user's quarterly or yearly agenda. With the rise of data breaches and the sale of user's info, it is in everyone's best interest to stay informed and ahead of the game.
For the most extensive and painless process, it is always best to hire a reputable company who can not only clean up your online presence, but can also maintain it for you. Because every time you sign up for a new service or buy something online, you open yourself up to new ways internet sites can get your information. Being able to work with a professional company with real people doing the work, not just a program, is best because they can also explain to you tips and tricks of continuing to keep your information private. There are a few hacks that the pros use to keep their information private, some free and others well worth the cost. Cleaning up your online presence and then knowing how to stay private and safe while online is paramount in our continuously connected world.
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There are tactics a private investigator uses during the divorce proceedings to help a parent when it comes to determining child support. Then after the amount is determined, there are things a private investigator can do to help gather information that can help change the amount of support, or obtain information to help enforce that child support payments are made.
Before child support is settled, law firms or individuals may use a private investigators to find assets (and liabilities, such as debt) that can be relevant. It is not uncommon for one spouse to attempt to hide assets once they believe divorce is imminent, and a licensed investigator can be instrumental in making sure the playing field is level from the outset.
Private investigators can also be used to gather evidence of several factors that can determine child support. These factors include: special needs of the child, the ability of one parent to pay, the standard of living for the child, and whether the paying spouse already supports two or more families under other child support orders.
Another way private investigators are used in child support cases is when a former spouse has stopped paying. When this happens, many families and many children are left devoid of the financial support promised to them by courts. Private investigators can get involved by
It's good to remember that private investigators are not collection agencies. They are not generally hired to harass the non-paying parent or serve paperwork, but they can provide information and records that will hold up in court.
When it comes to changing the amount of support a parent pays, private investigators can be of help in that area too. Child support is determined by the state and each state has its own formula for deciding the support amount. Most states, however, use the Income Shares Model. This is where the court bases the child support payment on the combined income of both parents and the number of children. By this model, the courts determine the cost of raising one child and then split the difference between the two parents based off their individual incomes.
This can change, then, when one spouse begins to make considerably more or considerably less than the salary that originally decided the support payments. Private investigators can be used to verify the income change (loss of job or a promotion, new marriage or a new or worsening disease or disability).
For more information on Child Support investigations, you can read more Here or drop us a line. We'd love to talk with you about different options you have when working through a child support case.
Online dating investigations, are they necessary? When do I need to get one? What are internet dating scams? How can I tell if I'm talking to a scammer?
These are very common questions we get asked. Unfortunately, a lot of the time, if you have suspicions that who you're talking to might not be who you they say they are, you could be right. There are different ways people lie and different reasons why people lie on online dating sites. Sometimes, it's simply a few white lies told out of lack of confidence. Other times, though, the reasons are nefarious and can land you in deep trouble. We'll take a look at what you can look for and how you can protect yourself in the online dating world.
Internet Dating Scams
How do internet dating scammers operate?
Internet dating scams are when scammers use dating websites, email, or social media to take advantage of those looking for romance online. Scammers can create online profiles with pictures, names and information catered to the type of victim they hope to attract. Then, through passionate messages, heartfelt conversations, and even gifts, they attract unsuspecting people. After they gain their victim's trust, they'll attempt theft of money or identity. It sounds silly, but they might even do this for amusement.
There are some basic, common internet dating scams. The most common scam is when the scammer, after gaining the trust of their victim, requests money for seemingly valid reasons, like money to travel to meet their victim or a recent lay-off. A variation of this is when scammers ask for gift cards (often times, ITunes or Amazon). After the money or gifts have been sent, they cut contact.
Another scam that is less common but recently on the rise is the use of Blackmail online. This is when a scammer grows so close to their victims that intimate photos and/or conversations take place. Scammers then either threaten to publish this private information or they actually do and will only remove it when given a large fee. Even after receiving this fee, there is no guarantee the content will be removed.
The least nefarious yet still painful scam is the Catfish. This is when someone uses fake information or photographs to appeal to their victims. These scammers use this fictitious information to lure people in, often times, for no other reason than to have a relationship. It's all fun and games, though, until the victim is ghosted or broken up with when the scammer can no longer keep up the facade.
Signs of a Scammer
We usually get phone calls from victims when enough time has passed that they're starting to get suspicious. A lot of people aren't as lucky and never catch any of the signs until it is too late. There are a few things you can do to protect yourself from online scamming.
When you should hire a private investigator?
An internet dating investigation is when a private investigator is used to reveal an online romantic partner’s true identity and motives. There are several different tactics an investigator will use to determine if the person you are talking to is indeed who they say they are. If you have any questions or suspicions at all, your best bet is to hire a professional. Not only will they give you peace of mind about your situation, but any evidence they gather can also be used in court if a theft has already occurred.
Internet dating scams are a form of fraud that can result in identity theft, crime, and significant loss of money. Hiring a professional with an unbiased opinion who is also familiar with these types of scams is vital to not only your safety, but also prevents them from scamming future victims. Private investigators have experience recognizing and handling online dating scams. They also have the ability to collect evidence that will hold up in court so these internet predators can be stopped in their tracks.
]]>When a person goes missing, most people's first thought is to contact the police. While this is indeed a good first measure, there are some things that make it more difficult for law enforcement to find a person than a private investigator.
First, a person must be missing for 24 hours in most cases before a police report can be filed. Even then, so many people are reported missing each year (according to the FBI, National Crime Information Center (NCIC), on average, more than 800,000 people) it's difficult for law enforcement to devote much of their resources.
Private Investigators, on the other hand, can fully devote their time to specific investigations. There is no statute of limitations on finding a missing person for private investigators. They are often hired to help find missing persons for so-called “cold cases” because their hands are not tied by politics, bureaucracy and budgets. Similarly, unlike law enforcement, private investigators can travel across state borders, or across the country, to follow a lead that turns up without worrying about jurisdictions.
When trying to locate a person, things like Facebook, Google, Ancestry, LinkedIn, etc. are good tools to start. However, while you as an individual can use the Internet to search public records, investigators have access to research mechanisms and contacts that the public does not have access to. Additionally, investigators use their years of experience to search in real time without relying on dated and possibly inaccurate information. It is also important to note, nothing can take the place of good old fashion investigative techniques and pounding the pavement. Private investigators generally work independently and are able to make quick decisions on leads, often making decisions necessary for an individual case that are outside the capabilities of law enforcement. These decisions include tracking a potential suspect without requiring a warrant, questioning witnesses and interviewing suspects.
Private investigators can conduct background checks, searches for court and other records, search financial records, investigate work and employment information. The ability to identify coworkers, business associates, and friends can lead to helpful information, and conducting surveillance is key to finding people who might not want to be found.
The following are investigative activities licensed private investigators may assist with:
A missing person’s investigation is a thorough examination of circumstances involving a missing person’s disappearance and every stone must be turned when time is of the essence. To get more information on how we can help with your case, read more Here.
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Typically, if you're already asking yourself this question, you have some suspicions that you might be a victim of infidelity. Most psychologists agree that if your gut tells you something is amiss, generally something is, cheating or otherwise. The signs of infidelity look different in every relationship, but in general, there are some red flags to look out for. If any of these signs are prevalent in your relationship, you might want to gather some hard evidence before confronting your significant other about their behavior.
Red Flags for infidelity include:
They Are Suddenly More Private With Their Technology and Their Time.
Every relationship is different with how open partners are about their privacy. Some partners know everything on each other's schedule, some share computers and borrow each other's phones. The thing to look out for here is a change in the amount of privacy they need. All of a sudden, there's a password on their phone. You find out after the fact that they went out with their buddies after work and didn't let you know. Suddenly, their laptop is off limits. Even if they have reasonable sounding excuses, they forgot to let you know of a schedule change or they need their laptop for confidential work, it's still worth taking note of.
Noticing change in behaviors when in your presence is also a big red flag. Do they hide their phone screen from you, hurriedly click off of social media when you walk by, delete their browsing history or start taking phone calls outside? Any increase in these types of behavior can be an indicator of cheating.
They Start Arguments More Than They Used To
Cheating is stressful, and that often leads to sudden personality changes. One noticeable personality change is starting more arguments or bickering more than they used to. It is pretty common for the partner who is cheating to suddenly become more angry, negative or critical. This is their way of justifying their behavior to themselves. Also, often the stress of the situation simply starts to wear them down. Constantly having to lie and hide takes its toll on people, especially if they do still care for you and feel guilty about their infidelity. People deal with this stress by lashing out, becoming more hostile and irritable in general.
Their Interests and Idiosyncrasies Change
Your partner may change how they look, how they dress, what they read about or movies they watch. They might even change how they talk. There have been reports of people finding out about their partner's infidelity because they suddenly start using catchphrases or certain curse words out of nowhere. When someone becomes infatuated with another person, their natural inclination is to learn more about that person's interests and copy their looks, style and even their language. The other person will eventually start rubbing off on them. Think about when you first fell in love and the rapid changes to your hobbies and pop culture tastes it caused. These unconscious changes will become apparent, too, in a cheating spouse.
Their Finances Change
All of a sudden, you notice unexplainable transactions. Maybe they're spending more at restaurants (a bill large enough for two people at dinner, not just a night out with the guys), or there are transactions for hotels, flower shops, or jewelry stores. It's more difficult to prove these things if you keep separate bank accounts, but you can still watch for small clues. If your once frugal partner is suddenly wearing expensive clothes or jewelry, they might be spending more lavishly to show-off for someone else, or these might be gifts from that person.
Intimacy Changes
More often than not, partners in an external relationships begin to lack the need for intimacy in their existing relationship. Even things like hand-holding, kissing or physical touches can wane. Sexual relations generally either decrease for the same reason or every so often, they'll increase exponentially because the cheating partner feels guilty. Sometimes a cheating partner will even bring any new tricks or toys they've tried with their new fling into the bedroom with you. Any drastic change either way should be a key sign.
Your significant other could display all of these signs and not be cheating, but they are still indicators that something is amiss about your relationship. You always have the option of talking openly with your partner but it is best to gather some hard evidence before confronting them and accusing them of cheating on you. The best way is to employ an impartial third party who isn't emotionally tied to you, your partner or the relationship. They should be able to provide you at least with the peace of mind to know if your suspicions are founded or not, and give you the opportunity to have an open and honest discussion with your partner about the state of your relationship going forward.
]]>Calls that start in such a way are very common for private investigators to receive. Most people who call a private investigator never thought they would need such a service and are generally at a loss as to how they should proceed... Read More
]]>Calls that start in such a way are very common for private investigators to receive. Most people who call a private investigator never thought they would need such a service and are generally at a loss as to how they should proceed. Picking up the phone and calling one is a good start but every investigator works a little different. In general though, there are many services most all investigators will cover. So for this second installment of What to Expect When You Hire a Private Investigator, let's talk about things an investigator can do.
Research
This is definitely the most used yet little known tactic of a private investigator. Private investigators generally have access to databases that aren't accessible to the general public. They also have knowledge and tactics they employ to gain knowledge of things such as assets, images, social media accounts and more. A private investigator's research isn't just limited to internet searches but can also include phone calls, emails, or even going to the courthouse.
Surveillance
This tactic is utilized often, especially when trying to locate people or during infidelity, child support or workman's comp investigations. Surveillance can range from watching a static location, traveling to multiple locations, or following a vehicle. While this sounds fun and exciting, oftentimes surveillance consists of long hours of waiting or stressful drives trying to follow a suspect without being noticed (much more difficult than it sounds). Surveillance is a key tactic used by investigators because it is the main way they gather solid evidence such as photographs or video of their subject. Unfortunately, no investigator can ever guarantee the results of a surveillance investigation. There is always the possibility of unforeseen circumstances sidelining even the best researched and planned out cases. However, the more thought out and planned a surveillance investigation is, the higher the likelihood the investigator will be able to catch the suspect in action. It's important to keep in mind that investigations needing surveillance can require 12, 24, or more hours to gather the necessary information. This is especially true for child custody cases.
Background Reports
Background reports are a mainstay of investigations. While a lot of people think they can get a free report online or at worst, just pay a few dollars, those reports are often inaccurate, old (not always a bad thing), or don't contain pertinent information. Background checks can be purchased as they are or can be used as part of initial research for long-ranging investigations. Most investigators won't use just one database, but will conduct thorough investigations that include researching social media presence, property owned, criminal records, address history and more. It is worth noting that typically, minors' backgrounds are not accessible and are considered protected information. This includes birth records of possible children or address/telephone information.
Interviews and Statements
Sometimes the best way to gather information is to interview witnesses and persons of interest. This can be tricky when it is imperative that the subject not know they are being investigated. Depending on the circumstances, word can travel quickly in smaller circles and the investigator must always be aware of the possibility of being "found out." In other cases, however, interviews and statements of witnesses can be used in situations like accidents or business fraud. The statements taken by a licensed private investigator can be used in court as evidence in lieu of the witness being present.
These are the basic services most private investigators will perform. Additional services provided depend upon the investigator's expertise and/or state and local laws. If you have a need for a private investigator, the best thing to do is to contact someone licensed in the state you need investigation completed and ask what services they offer. For a list of services Taylor Payton Investigations offers, check out our list.
]]>So for this first installment of What to Expect When You Hire a Private Investigator, let's talk about things an investigator cannot do. Some items can vary from state to state, but for the sake of clarity, we'll just talk about the things that are universally not allowed.
As private investigators we are not allowed to carry a badge or wear a uniform that causes people to believe that we are associated with law enforcement. We are not allowed to call and question witnesses under the guise of being law enforcement. We cannot go knock on doors or question witnesses using any type of language or logos that would lead them to believe we are law enforcement. *We are not lawyers. Check with local laws.
Private Investigators, although licensed and trained, are still private citizens. We cannot harass people, trespass or collect evidence on private property, bribe witnesses, hack into private property or accounts, impersonate an individual whose records we are trying to obtain, steal evidence, etc. This goes as far as even obeying traffic laws while following a subject. We have a lot of tricks and resources at our disposal, but breaking the law is not one of them. *We are not lawyers. Check with local laws.
It's amazing how often we are asked about this. A private investigator cannot enter a property, home, or building illegally, including breaking and entering or lock picking. A private investigator must have consent before entering a residence or business. A private investigator also cannot snoop in private alleys, garages or detached buildings. As well, we do not go through a subject's trash if it is located on private property (including sidewalks, driveways, hotel rooms, cars, etc). *We are not lawyers. Check with local laws.
It is a federal offense to steal, open or tamper with another person's mail. *We are not lawyers. Check with local laws.
Even the Paparazzi get sued for this breach of a person's expectation of privacy. While it is generally allowed for private investigators to film or photograph someone on public property, doing so through open windows onto private property is not allowed much of the time. *We are not lawyers. Check with local laws.
We are allowed to place trackers on vehicles with the consent of that vehicle's owner. This means that technically private investigators can place tracking devices on a vehicle if our client is on the title of that car. This goes for married couples, parents or business owners. Each state is a little different when it comes to these situations. *We are not lawyers. Check with local laws.
Not only is hacking of any sort not something a private investigator does, we also will not log into a subject's account even if we're given the log-in information or password. While a good private investigator is able to still glean a lot of information from public social media accounts, we are not allowed to access any information that isn't public. Private Investigators are not magicians that can hack into data mainframes or petition social media companies for special access. Any social media research we do is simply good old fashioned investigating. *We are not lawyers. Check with local laws.
Protected Private information includes credit reports, medical records, bank account information, Passport or Driver's license numbers, phone records and Credit Card numbers. We can find the location of the information, which can then be subpoenaed by the court, but private investigators cannot obtain federally or state protected information. To use the example of assets, we are able to find property or vehicles the subject might have hidden, but we are unable to access bank records, investment records or credit card statements. *We are not lawyers. Check with local laws.
Those are some of the main questions that come up when we speak with potential clients. This is certainly not an inclusive list by any means although it can seem long. You might be thinking to yourself, well, what can a private investigator do for me? That topic will be covered in our next post so stay tuned!
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The U.S. Equal Employment Opportunity Commission defines Harassment as "unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive."
This is important to note because what an individual believes is harassment versus what constitutes illegal harassment under federal, state and local law can be different. While we believe it's not a rule set in stone, isolated incidents of unwanted acts won’t be enough to constitute harassment under anti-discrimination laws. However, sometimes the conduct is so severe, there is a basis for legal action against the perpetrator.
Some of the most common types of harassment include verbal (in the form of slurs, off color jokes, insults and innuendos to name a few), physical and sexual. Typically, supervisor harassment is quicker to lead to attention by the federal courts, but good evidence is still necessary. For someone being harassed at work, the first step is to document everything. Every instance should be dated and timed and if possible, list the people in the general vicinity who might be able to make statements to corroborate what transpired. While this is an important step in fighting harassment, solid evidence of the claim must be gained before most legal action can be taken.
The easiest way to do this is to hire a private investigator. Private investigators can conduct surveillance in public areas, take witness testimonies and do background research on the offending co-worker/manager. This is the quickest way to gather legally binding evidence that can be brought before HR or even the court of law.
If you want anymore information on types of harassment or how a private investigator can help your business or your claim, check us out, drop us a line and set up a free consultation.
]]>Investigations can be done as the result of a wrongdoing committed by an employee or outside party or it can be done as part of a routine process which protects the business. Corporate investigations ultimately are a tool used by businesses to keep their companies lawful, trustworthy and profitable.
There are many different reasons why a company would need to hire a professional investigator. Some of the more routine reasons would be for background checks, especially for extremely visual or powerful positions in the company. A private investigator can also do background checks on possible partners, board members or even contractors and vendors. Background checks are especially necessary if an employee is a remote worker who doesn't have regular supervision. The sound piece of mind some background checks and investigating can give a business is really invaluable to employee morale and future profits.
Another routine task of a professional investigator working for a business would be corporate monitoring. From brand and media monitoring to internet monitoring, an investigator can keep a company informed so they can make the proper decisions at the right time. Corporate monitoring can shine a light on any issues that may arise before they do thus not only saving the company hours of productivity and a great deal of profits, but it also keeps it's reputation intact in the eyes of it's stakeholders and clients. In today's digital age, a company can live or die by its reputation and the ability to mitigate any harm that may arise from an issue before it becomes too big is priceless.
Some of the less routine but still incredibly important reasons for a company to hire a private investigator is to maintain lawfulness and profitability. The list of damages a business can take on is endless when it comes to issues of fraud, theft, non-compete agreement breeches, insurance scandals and workman's comp falsifications. To get to the bottom of these issues, the routes private investigators take vary. Generally speaking, surveillance and witness testimony are some of the most commonly used. Some cases can also require computer and cell phone forensics or an undercover investigator.
A lot of larger corporations have their own in house investigators who do the routine checks and are on hand for larger matters. It is advisable, however, for any corporation to hire an outside professional for the more delicate matters. If a business suspects corporate fraud or theft, it's best to hire a fresh set of eyes to come in and do the surveillance and interviews. If managers or owners try to do it themselves, generally they're too close to the source to be able to maintain objectivity. Even in house investigators are often ill equipped to handle sensitive matters or where extensive documentation and an unbiased eye are necessary.
At the end of the day, a private investigator is an indispensable tool for businesses, both big and small. The time and money that can be saved through routine and incident specific investigations can make or break a lot of businesses. If you have any questions or would like more information about corporate investigations, check out our site.
]]>The term “mobile devices” encompasses a wide array of gadgets including mobile phones and tablets. These devices contain innumerable amounts of information that can be gathered and decoded.
The amount of data that these machines amass on a daily basis is incredible, and being able to extract this information has been used extensively to aid in investigations. Utilizing these machines allow digital forensic investigators to glean a lot of information.
The types of information that resides on phone and tablets includes incoming, outgoing and missed call history, phonebook or contact lists, SMS text, application based, and multimedia messaging content, pictures, videos, and audio files, internet browsing history along with content, cookies and search history, documents, spreadsheets, presentation files and other user-created data, passwords, passcodes and swipe codes, historical geolocation data, cell phone tower related location data and Wi-Fi connection, and of course, deleted data from all of the above.
So what is the Mobile Forensics process?
Mobile forensics aims to recover digital evidence or data from a mobile device (phones or tablets) in such a way that the evidence is preserved in a forensically sound condition. To achieve this, mobile forensics must set out very distinct rules that will seize, isolate, transport and store any digital evidence that is found safely originating from mobile devices. Mobile forensics, specifically, has its own particularities that need to be considered. Following correct methods and guidelines is a vital precondition for the examination of mobile devices in order to yield good results.
Digital forensics operates on the principle that evidence should always be adequately preserved, processed, and admissible in a court of law. Some legal considerations go hand in hand with this principle.
The data needs to be retrieved from the mobile device in a very precise way. It is hard to be in control of data on mobile devices because the data is mobile as well. Regardless of the type of the device, identifying the location of the data can be further impeded due to the fragmentation of operating systems and item specifications. The open-source Android operating system alone comes in several different versions, and even Apple’s iOS may vary from version to version.
After identifying data sources, the next step is to collect the information properly. There are certain unique challenges concerning gathering information in the context of mobile technology. Many mobile devices have to undergo a process called acquisition of data. There are various protocols for collecting data from mobile devices since depending on the make and model of the device, many different ways of collecting data are needed. A good mobile data forensics team will be able to extract this data in such a way that the evidence is able to be used in the court of law.
For all your digital forensics needs, please feel free to contact us. We can go over your case and extract whatever you need from any mobile device.
]]>Why is FISA important in today's political environment? A good question should be... Can adversarial political information even be part of a FISA application? Or, is it the duty of the opposite political party to research the opposition? If there is politically motivated material in the FISA application it usually is mentioned in the application, but it might not be in specificity. But does it matter? Nearly all FISA applications are granted, so it's technically moot, right? Basically, if the government wants to spy on you, it most often does, with the permission of the court. This is not a new concept. If the surveillance/ investigation finds naughty business, then is it worth it, even if the reason or reasons for the warrant were on shaky legal ground? The debate will undoubtedly be played out in the media, chat rooms, dinner tables, social media, and the courts.
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This search requires absolute darkness. Lights must be off and blinds closed. Some devices have lights that are illuminated when turned on. A flashlight or camera detector (app or hardware) can assist in locating devices. Due to electromagnetic interference there are phone apps and hardware that can help in this search. Also check mirrors, they can be made to be transparent so a camera can record activity through them. Some people are smart and cover the lights with tape, but not always.
There are so many different cameras and recording devices on the market it’s impossible to name them all. Devices can be hidden in anything and look like anything. A teddy bear, pen, glasses, button, USB drive, cup, bag, anything can have a device planted.
Physical Search
Conduct a complete physical search of the area you suspect might be bugged or wired. This involves a meticulous and deliberate sweep of the room you believe might have a hidden recording device. Be aware of lights and sound when checking the room. Some devices are motion sensitive and make a buzz or clicking sound when they operate. Other devices can be on a timer or on all the time.
Hire a Professional
There are professionals that specialize in this business, above and beyond what a Private Investigator provides. These folks usually charge a flat fee and charge by the square foot (usually $1-$2 per square foot). They often are former Intelligence Agents, and use terms like TSCM, which is Technical Surveillance of Counter Measures. For serious needs, use these guys. It’s expensive, but if you are concerned about corporate espionage or something similar, this is your best bet.
]]>Four ways investigators can help out an attorney are:
Attorneys often don't have the appropriate tools to track down people. Whether is a key witness who doesn’t want to be found or someone with knowledge of workplace misconduct, an investigator can help identify and locate this person.
Private Investigators are skilled at finding hidden assets too: from real estate, valuable personal property or vehicles. An investigator is also experienced in finding the existence and location of offshore or domestic bank accounts.
Infidelity and hidden assets are much easier to prove with a dedicated investigator. Someone with extensive knowledge of digital research and experience with surveillance is invaluable in these cases. An investigator can’t hack someone’s financial records, but they can interview witnesses or photograph the subject for evidence. Also in this digital age, investigators are used to recover electronic files-- even files previously thought deleted.
An investigator’s report on a witness’s behaviors, habits or background can be invaluable while preparing for a deposition or courtroom testimony. Some attorneys will even hire an investigator to find out more about their own client’s background or habits so no surprising information will arise during the course of litigation.
In short, Investigators provide leverage for negotiations and important information that can otherwise be hard to come by. The key to negotiations or preparing for trial is having pertinent facts and updated information. Hiring a private investigator who has access to a variety of intelligence gathering methods, restricted proprietary databases and state of the art recording equipment will save an attorney valuable time and money.
]]>All public records are legal to check. Those are marriages, divorces, criminal records, etc. The problem for many people when doing an online background check is trying to find them. A private investigator can search through court records in many states and find a criminal history that is otherwise difficult to discover by the average person. In some states, there are laws that may limit certain searches, but a private investigator knows what can and cannot be done. Also a private investigator knows the best way to search for criminal records to get the information needed. In addition, many jurisdictions charge a fee for accessing records. Online databases do not include this information in their searches because a request and payment must be made to access that information.
One problem that a regular person off the street will have with a simple search of public records using an online database is they cannot know if someone has changed their name. Anyone attempting to hide their criminal background with a name change can get away with this if someone is only using a simple background search. They won’t be able to get away with this if a professional private investigator is searching. If the name change was done legally, even in another state, this information can still be found.
It is possible for an individual to change their name outside of the courts, but when this is done, it is usually done illegally. Private investigators have techniques for verifying a person’s identity before doing a criminal background check. They can verify social security information, birth certificates and other similar identification. In some cases, this can lead to a discovery that a person is not who they claim to be, and this may mean they are hiding a criminal record.
There are examples of criminal records that cannot be legally accessed by anyone. These are records that have been sealed by a judge. There can be any number of reasons for this, but the important thing to remember is that there is no way to look up this information, even for a private investigator. However, in critical situations it may be possible to conduct interviews of people who may know the background story of the individual in question.
A private investigator cannot break any laws and is therefore limited to doing no more than law enforcement can do with one exception; law enforcement officers can attempt to get a warrant for certain searches. However, the legal techniques that can be used by a private investigator are extensive. Even within the law, our professional investigation firm can perform a robust criminal background check on the individual you are interested in. Contact us, and explain who you need a background check on and why, and we can explain how our services can help you.
]]>https://www.aol.com/article/2012/08/29/confessions-of-a-private-investigator/20311078/
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Are you insured? Investigators should be insured, and is required in most states.
What is the cost? We post our fees on our website for our customers so they know exactly what to expect. We do not charge high retainers, and we can always add more hours to a case if the client requests it.
Are you credible? We are Better Business Bureau Accredited (BBB) and belong to the United States Association of Private Investigators.
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