During the holiday season, we often run into relatives that we rarely see, might never have known and recap the year’s changes re: births, deaths… within the family. We make promises to be in touch and oftentimes, we now turn to technology – in the form of ancestry sites, to help us maintain our family ties.
There are many ancestry sites on-line that help us reconnect with our lost, or find, unknown family members. A majority of these sites can disappoint by posting incomplete, mismatched records, dubious source information… The most popular ancestry site, Ancestry rises above these issues by operating on a legitimate, comprehensive, matched data verification system. Annual registration for Ancestry starts at roughly $150 year and of course, there are buy-ons you can add to your account.
Regardless of the perceived security of ancestral online database membership, the question looms as these sites often, inadvertently provide a gateway to gather personal information by identity thieves. While phishing (hacking) is still the preferred method of anonymously obtaining personal data, our savvy thieves realize that they can potentially legally get away with theft by selecting their victims carefully.
The general M.O. of an i.d. theft criminal is to locate a “mark” ,someone who appears isolated from the rest of the family, generally someone old, lonely or infirm. The use of an ancestry site allows the thief to gain familiarity with the victim’s family. Insider information is always good to put an innocent, unsuspecting person at ease.
From there, it is simple for an i.d. thief to run a background check on his target on any number of the data providers now available online. This search can yield hard information; ranging from current address, address histories, mortgages, voter registration, professional licenses, email addresses, phone number, relatives, neighbors…
If a criminal takes the time, he can form a fairly accurate profile of his target before the victim is even aware that anyone is looking into his/her background.
Some helpful hints to keep identity thieves off-base.
If a site demands your SSN, do not provide it.
DOBs are optional. (Most legitimate sites will allow you to simply cross off that you are over 13 y.o.)
In filling out promo ads (and we all do this!), use a middle initial not associated with your name in reality. It’ll allow you to keep track of how your personal information is being distributed.
If you wish to add pictures on the site you wish to join, a) elect for the pictures are to be available only to those you chose to opt in and b) upload a generic pic that does not have your house number or vehicle plate in the photo.
If you’ve taken as many preventative measures as possible and still get “phished” or have your identity stolen, you need to contact your local police immediately as well as your banking institutions, medical, driver’s insurance companies and alert your friends and family so that they will be aware and not inadvertently release additional personal information.
Good luck and as they say in poker, keep your cards close to your vest.
BNI Operatives: Street smart; Web savvy.
As always, stay safe.
In light of recent international legal jurisdictional issues (e.g., accused child rapist Roman Polanski, the 6′9″ , 250 lb. Serbian thug, Miladin Kovacevic’s flight to his homeland after beating 135 lb. Binghamton University student, Bryan Steinhauer into a coma… ) , we thought it important for Americans to know the countries with which we have extradition treaties.
From Wikipedia:
The following is a List of United States extradition treaties :
| Country | Date signed | Entered into force |
| Albania | March 1, 1933 | November 14, 1935 |
| Antigua and Barbuda | June 3, 1996 | July 1, 1999 |
| Argentina | June 10, 1997 | June 15, 2000 |
| Australia | May 14, 1974 September 4, 1990 |
May 8, 1976 December 21, 1992 |
| Austria | January 8, 1998 May 19, 1934 |
January 1, 2000 September 5, 1934 |
| Bahamas | March 9, 1990 | September 22, 1994 |
| Barbados | February 28, 1996 | March 3, 2000 |
| Belgium | April 27, 1987 | September 1, 1997 |
| Belize | March 30, 2000 | March 27, 2001 |
| Bolivia | June 27, 1995 | November 21, 1996 |
| Brazil | January 13, 1961 June 18, 1962 |
December 17, 1964 December 17, 1964 |
| Bulgaria | March 19, 1924 June 8, 1934 |
June 24, 1924 August 15, 1935 |
| Burma | December 22, 1931 | November 1, 1941 |
| Canada | December 3, 1971 Jun. 28, July 9, 1974 January 11, 1988 January 12, 2001 |
March 22, 1976 March 22, 1976 November 26, 1991 April 30, 2003 |
| Chile | April 17, 1900 | June 26, 2002 |
| Colombia | September 14, 1979 | March 4, 1982 |
| Congo | January 6, 1909 January 15, 1929 April 23, 1936 |
July 27, 1911 May 19, 2029 September 24, 1936 August 5, 1961 |
| Costa Rica | December 4, 1982 | October 11, 1991 |
| Cuba | April 6, 1904 December 6, 1904 January 14, 1926 |
March 2, 1905 March 2, 1905 June 18, 1926 |
| Cyprus | June 17, 1996 | September 14, 1999 |
| Czech Republic | July 2, 1925 April 29, 1935 |
March 29, 1926 August 28, 1935 |
| Denmark | June 22, 1972 | July 31, 1974 |
| Dominica | October 10, 1996 | May 25, 2000 |
| Dominican Republic | June 19, 1909 | August 2, 1910 |
| Ecuador | June 28, 1872 September 22, 1939 |
November 12, 1873 May 29, 1941 |
| Egypt | August 11, 1874 | April 22, 1875 |
| El Salvador | April 18, 1911 | July 10, 1911 |
| Estonia | November 8, 1923 October 10, 1934 |
November 15, 1924 May 7, 1935 |
| Fiji | December 22, 1931 | June 24, 1935 August 17, 1973 |
| Finland | June 11, 1976 | May 11, 1980 |
| France | April 23, 1996 | February 1, 2002 |
| Gambia | December 22, 1931 | June 24, 1935 |
| Germany | June 20, 1978 October 21, 1986 |
August 29, 1980 March 11, 1993 |
| Ghana | December 22, 1931 | June 24, 1935 |
| Greece | May 6, 1931 September 2, 1937 |
November 1, 1932 September 2, 1937 |
| Grenada | May 30, 1996 | September 14, 1999 |
| Guatemala | February 27, 1903 February 20, 1940 |
August 15, 1903 March 13, 1941 |
| Guyana | December 22, 1931 | June 24, 1935 |
| Haiti | August 9, 1904 | June 28, 1905 |
| Honduras | January 15, 1909 February 21, 1927 |
July 10, 1912 June 5, 2028 |
| Hong Kong (PRC) | December 20, 1996 | January 21, 1998 |
| Hungary | December 1, 1994 | March 18, 1997 |
| Iceland | January 6, 1902 November 6, 1905 |
February 19, 1906 |
| India | June 25, 1997 | July 21, 1999 |
| Iraq | June 7, 1934 | April 23, 1936 |
| Ireland | July 13, 1983 | December 15, 1984 |
| Israel | December 10, 1962 | December 5, 1963 April 11, 1967 |
| Italy | October 13, 1983 | September 24, 1984 |
| Jamaica | June 14, 1983 | July 7, 1991 |
| Japan | March 3, 1978 August 5, 2003 |
March 26, 1980 |
| Jordan | March 28, 1995 | July 29, 1995 |
| Kenya | December 22, 1931 | June 24, 1935 August 19, 1965 |
| Kiribati | June 8, 1972 | January 21, 1977 |
| Korea | June 9, 1998 | December 20, 1999 |
| Latvia | October 16, 1923 October 10, 1934 |
March 1, 1924 March 29, 1935 |
| Lesotho | December 22, 1931 | June 24, 1935 |
| Liberia | November 1, 1937 | November 21, 1939 |
| Liechtenstein | May 20, 1936 | June 28, 1937 |
| Lithuania | October 23, 2001 | March 31, 2003 |
| Luxembourg | October 1, 1996 | February 1, 2002 |
| Malawi | December 22, 1931 | June 24, 1935 April 4, 1967 |
| Malaysia | August 3, 1995 | June 2, 1997 |
| Malta | December 22, 1931 | June 24, 1935 |
| Mauritius | December 22, 1931 | June 24, 1935 |
| Mexico | May 4, 1978 November 13, 1997 |
January 25, 1980 May 21, 2001 |
| Monaco | February 15, 1939 | March 28, 1940 |
| Nauru | December 22, 1931 | August 30, 1935 |
| Netherlands | June 24, 1980 | September 15, 1983 |
| New Zealand | January 12, 1970 | December 8, 1970 |
| Nicaragua | March 1, 1905 | July 14, 2007 |
| Nigeria | December 22, 1931 | June 24, 1935 |
| Norway | June 9, 1977 | March 7, 1980 |
| Pakistan | December 22, 1931 | March 9, 1942 |
| Panama | May 25, 1904 | May 8, 1905 |
| Papua New Guinea | December 22, 1931 | August 30, 1935 |
| Paraguay | November 9, 1998 | March 9, 2001 |
| Peru | July 26, 2001 | August 25, 2003 |
| Philippines | November 13, 1994 | November 22, 1996 |
| Poland | July 10, 1996 April 5, 1935 |
September 17, 1999 June 5, 1936 |
| Portugal | May 7, 1908 | November 14, 1908 |
| Romania | July 23, 1924 November 10, 1936 |
April 7, 1925 July 27, 1937 |
| Saint Christopher and Nevis | September 18, 1996 | February 23, 2000 |
| Saint Lucia | April 18, 1996 | February 2, 2000 |
| Saint Vincent and the Grenadines | August 15, 1996 | September 8, 1999 |
| San Marino | January 10, 1906 October 10, 1934 |
July 8, 1908 June 28, 1935 |
| Seychelles | December 22, 1931 | June 24, 1935 |
| Sierra Leone | December 22, 1931 | June 24, 1935 |
| Singapore | December 22, 1931 | June 24, 1935 June 10, 1969 |
| Slovak Republic | July 2, 1925 April 29, 1935 August 28, 1935 |
March 29, 1926 |
| Solomon Islands | June 8, 1972 | January 21, 1977 |
| South Africa | September 16, 1999 | June 25, 2001 |
| Spain | May 29, 1970 January 25, 1975 February 9, 1988 March 12, 1996 |
June 16, 1971 June 2, 1978 July 2, 1993 July 25, 1999 |
| Sri Lanka | September 30, 1999 | January 12, 2001 |
| Suriname | June 2, 1887 January 18, 1904 |
July 11, 1889 August 28, 1904 |
| Swaziland | December 22, 1931 | June 24, 1935 July 28, 1970 |
| Sweden | October 24, 1961 March 14, 1983 |
December 3, 1963 September 24, 1984 |
| Switzerland | November 14, 1990 | September 10, 1997 |
| Tanzania | December 22, 1931 | June 24, 1935 December 6, 1965 |
| Thailand | May 17, 1991 December 30, 1922 |
December 14, 1983 March 24, 1924 |
| Tonga | December 22, 1931 | August 1, 1966 April 13, 1977 |
| Trinidad and Tobago | March 4, 1996 | November 29, 1999 |
| Turkey | June 7, 1979 | January 1, 1981 |
| Tuvalu | June 8, 1972 | January 21, 1977 April 25, 1980 |
| United Kingdom | March 31, 2003 June 8, 1972 June 25, 1985 December 23, 1986 |
January 21, 1977 |
| Uruguay | April 6, 1973 | April 11, 1984 |
| Venezuela | Jan. 19, 21, 1922 | April 14, 1923 |
| Yugoslavia[1] | October 25, 1901 | June 12, 1902 |
| Zambia | December 22, 1931 | June 24, 1935 |
| Zimbabwe | July 25, 1997 | April 26, 2000 |
L – List treaty
DC – Dual criminality treaty
Conversely, as horribly exemplified in the Amanda Knox trial and conviction, when Americans are overseas, we shouldn’t presume our personal and legal rights as we enjoy them here in the United States, translate equally in foreign legal systems. One should always be aware of the local American embassy, consulate or missions contact information in destiny and travel locations. US Department of State Embassy global listing,
As always, travel safe, especially during this holiday season.
From cars to painkillers, we’ve conducted numerous product defect investigations. Today’s Bulletin shares with its reader several relevant jump off research sites. We concentrate on the Big Three: cars, kids and over the counter and prescription drugs. For:
Vehicle Recalls and Defect:
1. We suggest a first step: check that your client’s car is the vehicle is appears to be. The obvious DMV and owner records aside, a visit to CarFax is a good idea. Bear in mind however that CF is, after all, a private for profit company, not a governmental agency. (Vehicles that have been impounded and resold, for example, may not have the same VIN with which they left the factory. This will not generally show up on a CarFax report.)
2. Next stop: safercar.gov. A section under the National Highway and Traffic Safety Adminsitration (NHTSA) site, safercar yields up-to-date recall and defect investigation data.
3. NTSB. The National Traffic Safety Board is the source for all official aviation, highway, marine and railway accident-related data. It is the agency of jurisdiction for multiple fatality motor vehicle incident investigations.
Children’s Clothing, Furniture, Toy and Other Products
1. US Consumer Product Safety Commission. In depth reports, easily viewable online via the CPSC’s Reading Room (FOIL compliant.)
2. Food & Drug Administration. For kids products that contain any form of liquid or food (e.g., soap bubbles, shampoo toys, lickable stickers…).
OTC and Rx. Drugs:
1. FDA. The Food and Drug Administration is the government agency that regulates and supervises the safety of foods, tobacco products, dietary supplements, medication drugs, vaccines, biopharmaceutical product, blood transfusion, medical devices, electromagnetic radiation emitting devices, veterinary products, and cosmetics. The site displays an informative recently updated jump off page, FDA 101: Product Recalls – From First Alert to Effectiveness Checks. The FDA also regulates the marketing of over the counter and prescription drugs.
Of course it makes sense in any investigation, to review prior and active lawsuits involving same or similar product. JDSupra, Lexis and FindLaw are superior sources for this information.
BNI Operatives: Street smart; Web Savvy.
As always, stay safe.
New facts continue to emerge re: the very late Thanksgiving night/early Friday morning (2:25 a.m.) Tiger Woods vehicular crash in Florida. (Correction to the previous Bulletin article, Woods was in fact taken to the hospital from the scene.) Mr. and Mrs. Woods have, to date, refused to answer Florida Highway Patrol’s requests for a follow-up interview. The FHP is now seeking warrants for a) Mr. Woods’ hospital records (to determine if his injuries arose from the accident or are consistent with an assault, which may result in charges filed v. Mrs. Woods, the presumed attacker) and b) the video from the many exterior surveillance cameras surrounding the Woods estate. It’d been easier if he had just given the FHP an interview days ago.
The recent Tiger Woods’ driving “incident” at his Florida estate has sparked quite the discourse among friends in the law enforcement, investigative and legal professions, focusing on:
Are celebrity offenders treated differently from the “average Jane/Joe” offenders? If so, how and why?
There was a general consensus (Congress: take note) amongst us that celebrity offenders are treated differently. Weaving this agreement, with the how and why, is no more a perfect example than the past Friday Tiger Woods incident. The facts, as we know them to be at this time, are:
1. Tiger Woods was driving his Lincoln Escalade SUV on his property at approx. 2:35 a.m. Friday and somehow hit a fire hydrant and his neighbor’s tree. His wife, swinging a handy golf club, smashed out the vehicle’s window(s) to, purportedly, rescue her husband.
2. Although police arrived on the scene shortly after the incident, as reported by the Associated Press, Florida State Troopers have been denied follow-up access to Mr. Woods three times, thus far.
3. At 2:00 p.m. today, via Twitter and his Web site, Mr. Woods, vaguely commented that he had embarrassed his family and “it” would never happen again.
4. His privately retained attorney, Mark NeJame, stated that Mr. Woods had complied with Florida requirements for this type of incident, which calls only for the presentation for review by police of the driver’s license, vehicle’s registration and proof of insurance.
Points 1, 2 and 3, while curious indulgences, don’t raise the questions that Point 4 smacks one over the head with. I.e. a) The tree was not on Mr. Woods’ property; the damage, thusly, was to another’s property. Did the neighbor simply accept the loss? b) The on scene police investigation yielded that Mr. Woods was in serious condition and at times unconscious. An RMA was obviously accepted by police, then why has the follow-up investigation by FSP not been allowed? (We may do things a bit differently here in NY but even as a CYA measure, a detective would have gotten a sign off on that issue.) and c) Can a private citizen own a fire hydrant in Florida? If not, can Mr. Woods simply blow off the Florida State Police when municipal property is involved?
The voyeuristic appeal of the Tiger Woods case aside, it comes down to a call for fairness. Had you or your neighbor or your son’s teacher, presumably all “average Joes and Janes”, crashed a vehicle into someone else’s property and taken out a fire hydrant, on the busiest news day, a local field reporter, shivering in her network provided strappy heels, would be busy earning a day’s salary hunting down an articulate neighbor to interview on camera. On a really slow, uneventful day, she might even be on the scene with police still present, pointedly ignoring her questions. The camera guy would have, at least once, panned over the offender’s mailbox or front door; wherever the (alleged) defendant’s address is posted.
So why the difference in treatment? I don’t think we, and certainly not the Florida State Police, will be satisfied until a complete investigation has resolved the matter.
Perhaps Mr. NeJame is preparing Mrs. Woods with the Bullwinkle defense. That would certainly explain the club-wielding glass party. Judge me guilty now, but I would have done the same under similar circumstances.
In the meanwhile, we’re sure the local crime reporters will continue to listen in to police radios, especially in celebrity enclaves. Well, we, along with celebrity news reporter, TMZ, might as well all understand what is being transmitted. Below are commonly used (generally) nationwide police 10 codes:
* 10-1 poor reception
* 10-2 good reception
* 10-3 stop transmitting
* 10-4 message received, affirmative, ok
* 10-5 relay this information to ___.
* 10-6 busy
* 10-7 out of service
* 10-8 in service
* 10-9 please repeat your message
* 10-10 negative
* 10-12 standby
* 10-13 civilians present and listening
* 10-15 en route to station with suspect
* 10-18 urgent
* 10-19 return to station
* 10-20 specify location/my location is ___.
* 10-21 place a phone call to ___.
* 10-22 disregard
* 10-23 stand by on this frequency (also “On scene” in some areas)
* 10-27 vehicle registration request
* 10-28 arrests/warrants on driver’s license
* 10-29 arrests/ warrants on the vehicle
* 10-32 gun
* 10-33 emergency traffic follows, hold routine messages
* 10-34 frequency open (cancels 10-33)
* 10-36 what is the correct time of day?
* 10-39 false alarm, premises was occupied
* 10-40 false alarm, no activity, premises appears secure
* 10-41 begin watch
* 10-42 end watch
* 10-45 fueling vehicle
* 10-49 en route to assignment
* 10-50 accident
* 10-51 tow truck needed
* 10-52 ambulance needed
* 10-53 road blocked at ___.
* 10-54 animals on highway
* 10-55 security check
* 10-57 hit-and-run accident
* 10-58 direct traffic
* 10-59 escort
* 10-60 squad in vicinity, lock-out
* 10-61 personnel in area
* 10-62 reply to message
* 10-63 clear to copy info?
* 10-64 message for delivery
* 10-65 net message assignment
* 10-66 net message cancellation
* 10-67 person calling for help
* 10-68 dispatch message
* 10-69 message received
* 10-70 prowler, fire alarm
* 10-71 gun involved, advise nature of fire
* 10-72 shooting, fire progress report
* 10-73 smoke report
* 10-74 negative
* 10-75 in contact with ___.
* 10-76 en route
* 10-77 ETA ___.
* 10-78 need assistance
* 10-79 bomb threat, coroner’s case
* 10-80 bomb has exploded
* 10-81 breathalyzer report
* 10-82 reserve lodging
* 10-83 work school crossing at ___.
* 10-84 if meeting ___, advise ETA
* 10-85 delay due to ___.
* 10-86 officer on-duty
* 10-87 pickup
* 10-88 present phone number of ___.
* 10-89 bomb threat
* 10-90 bank alarm at ___.
* 10-91 pick up prisoner
* 10-92 improperly parked vehicle
* 10-93 blockage
* 10-94 drag racing
* 10-95 prisoner/subject in custody
* 10-96 psych patient
* 10-97 check signal (“On Scene” in CA and other areas)
* 10-98 prison/jail break
* 10-99 wanted/stolen record
* 10-100 dead body
* 10-200 alarm
Bulletin’s site of the week: gizmodo.com. Best tech site online.
BNI Investigators: Street smart; Web savvy.
As always, stay safe.
The suspects were arrested in central Peru this month and a search is underway for seven others — including two Italian citizens whose names were not revealed — lead prosecutor Jorge Sans Quiroz told AFP.
The fat was purchased “to be commercialized in European (cosmetology) laboratories,” he said.
The prosecutor’s indictment said the gang allegedly targeted farmers and indigenous people on remote Andean roads, tricking them by offering jobs before killing them.
However, when payments stopped coming she contacted Manulife and, she claims, was told that Facebook() pictures taken on a beach and during a night out were evidence that she was no longer depressed.
Universal American sent the mailers to 35,000 of its Medicare patients here in New York. Printed on the front of the cards, right above the address, is the Medicare ID number which includes the social security number of the recipient.
Bob Hayes, VP of Health and Quality for the company tells us they are very sorry for the error and will be offering free credit monitoring services for one year to everyone affected.
| Rank | #1 | #2 | #3 | #4 | #5 | |||||
 Excellent Very Good Good Fair Poor |
Apple iPhone 3GS 32GB | Palm Pre | Motorola Droid | BlackBerry Bold 9000 | BlackBerry Curve 8900 | |||||
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| Lowest Price | $299.00 | $149.99 | $199.99 | $479.98 | $399.00 | |||||
| Your Checklist: | ||||||||||
| Cost effective? | ||||||||||
| Compatible? | ||||||||||
| Ease of Use? | ||||||||||
| Secure? | ||||||||||
| Most likely to buy | ||||||||||
| Screen Size | 3.5 in | 3.2 in | 3.7 in | 2.8 in | 2.4 in | |||||
| Battery Life | up to 300 min | Up to 300 min | Up to 385 min | Up to 250 min | Up to 330 min | |||||
| Memory | 32 GB | 8 GB | 256 MB | 1.128GB | 128 MB | |||||
| 3G |  |
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| Display Resolution | 480 x 320 | 320 x 480 | 440 x 854 | 320 x 480 | 480 x 360 | |||||
| GPS | |
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| Bluetooth | |
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| Digital Player | |
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| Internet Browser | Yes | Yes | |
Yes | Yes | |||||
| Wi-Fi | |
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| Phone Style | Touch Screen | Slider | Slider | Candy bar | Candy bar | |||||
| Digital Camera | 3.0 MP | 3.0 MP | 5.0 MP | 2.0 MP | 3.2 MP | |||||
| Video Recorder | |
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| Standby Time | Up to 280 h | Up to 480 h | Up to 270 h | Up to 222 h | Up to 360 h | |||||
| 3 way Calling | Yes | Yes | |
Yes | Yes | |||||
| Call Hold | |
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| Call Timer | |
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| Call Waiting | |
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| Caller ID | |
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| Depth | 0.4 in | 0.6 in | 0.6 in | 0.6 in | 0.5 in. | |||||
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| Height | 4.5 in | 3.9 in | 4.6 in | 4.4 in | 4.6 in | |||||
| Operating System | OS X | Palm WebOS | Android 2.0 | BlackBerryHandheld Software | BlackberryHandheld softare | |||||
| Polyphonic Ringer | Yes | Yes | Yes | Yes | Yes | |||||
| Vibrating Alert | |
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| Warranty | 1 year | 1 year | 1 Year | 1 year | 1 year | |||||
| Weight | 4.8 oz | 4.7 oz | 6.0 oz | 4.8 oz | 3.9 oz | |||||
| Width | 2.4 in | 2.3 in | 2.4 in | 2.6 in | 2.4 in | |||||
| Lowest Price | $299.00 | $149.99 | $199.99 | $479.98 | $399.00 | |||||
One of the most common assignments we receive is for a subject locate. Usually generated from attorneys, insurance companies, financial institutions (as, as you know, we do not work for individuals), BNI is often asked to locate:
- Adverse Witnesses
- Cooperative Witnesses
- Debtors
- Clients
- Heirs
The difference between a successful locate and an expensive failure is how much attention and care is given to a case. Obvious, right? But it has to be the right attention, which is a tight focus, and the proper care; to detail.
The starting point in a successful locate is to gather as much information from the originating requestor as possible:
Name: AKAs, Extensions (Jr., III, MD, Esq…), Maiden form, prior marriage form
Address: Last known contact date at this address, form of contact, (e.g. mail, phone… ), contact outcome, ( i.e. returned mail, no response, etc.).
Phone Number: Last known phone number, cell, landline, Skype, other internet phone.
Personal identifiers: DOB, SSN, TIN, DL#, Medicare/caid recipient? School i.d.?
Contacts: Family, friends, employers, coworkers
Prior lawsuits: If known, to include form of involvement.
Civil records: Is/was the subject married, divorced? Has s/he declared bankruptcy or have judgments, liens… against him/her?
Criminal records: Almost every state now allows for an inmate lookup. (If a person is missing for a considerable period of time, there are only so many scenarios, short of a bizarre abduction, to account for this disappearance: a move, death or incarceration.)
A good investigator will then form a profile of the missing subject and conduct an address history search which will generally yield a pattern. (We’ll get to that in the next para.) The address history may not contain the subject’s current address. (All databases, from DMVs to privately held, fee-based information companies operate within the limitations of data input regularity. The subject may not release his/her most current address to an agency. P.O. box registration is no assurance of a current address either. If it is a planned moved, one simply has to apply and receive the P.O. box prior to moving and generate forwarding from the old address.)
Having created the profile, the investigator now looks for the pattern. Is the subject constantly relocating? Staying within a certain geographical area? Is s/he beholden to a mortgage? Has s/he foreclosed? An address history search will also almost always reveal family member information.
Once the profile and pattern have been formed and detected, the investigator must decide on a course of action. The approach will determine if the locate will be successful. Each investigator has his/her own technique but there is a different methodology applied between “friendly” locates and those involving people who’ve intentionally chosen to stay or go off the grid. A sharp investigator will know how to entice a friendly subject and not tip off an adverse one. That knowledge comes with experience and skill and a great deal of curiosity.
As a final step, an investigator may have to physically check an address to verify the subject’s address. By arriving to this point, all other methods of locating have been exhausted but valuable knowledge on the subject gained. (The location should be thoroughly researched before heading out to the field. Showing up on a private road on 2 acres of land in the middle of nowhere is usually not going to result in a productive session. Suggestion: Google Earth. There should also be an established strategy to observe the location, discreetly, within a restricted time span of when the subject’s presence is most anticipated. If covert observation is not possible, the game plan must be thought out prior to, and include at least Plans A, B and C. ) Below; lack of a plan:
Finally, if your investigator returns with an address, ask that it be “verified”. If there is no confirmation that the subject is at the reported location, and the requestor is not made aware of the nonverification, a costly situation for the requestor may result, financially and with regard to negotiation stance. If the locate results are not verifiable, (and that occurs, although that number should be in the single digits, percentage-wise, in a competent investigator’s record), the requester will at least have that knowledge with which to make decisions.
BNI Operatives: Street smart: Net savvy.
Every attorney has his/her own intake survey (generally varying by incident type) and method of working a case. Below are several situations that our (BNI Investigations) investigators have experienced in the field, and recommendations based on these incidents. We hope these observations serve a proactive purpose in keeping a case in check.
1. Your client’s emergency contacts.
Situation: On numerous occasions we’ve had to locate a client that has moved without notifying his/her attorney.
Recommendation: Obtain the complete contact information of at least 2 relatives and 2 friends NOT living with the client. (Drilling deeper, obtain the DOBs of the emergency contacts. This may appear to be a rather aggressive suggestion but, at least 2 of these 4 contacts should be within the 25 - 65 years old range. Obtain an email address! They’re are usually traceable. )
2. The witnesses.
Situation: I’m sure you’ve all seen a PAR w/a witness listed as “Johnny, 917-555-1234″. (or same, similarly incomplete police report). No address, no surname and a cell phone that may or may not be active in 2 weeks, let alone 2 years.
Recommendation(s): Call “Johnny” immediately. Obviously the first objective is to determine his knowledge of events regarding your client’s matter. 1. Obtain his contact information and an identifier. (Again we suggest DOB. Many people are reluctant to release their SSN.) 2. Obtain an emergency contact for him. 3. Check the contact info every 6 months until the case is resolved.
3. Professional photographs of the accident scene, especially if citing defect or disrepair.
Situation: Several years ago, we had an exterior premises trip and fall situation wherein we were called to investigate the scene approximately 4 months post-incident. The injured person made several natural and unintentional mistakes: 1. Not realizing the extent of his injuries, he did not call 911. There were no on-site witnesses and no responder witnesses, and 2. When he returned a week or so later, after receiving medical attention, he’d taken photos of the accident scene but the shots contained shadows running across the defect rendering it difficult to determine the exact nature and severity of the defect. He was to go back and re-shoot the scene but did not. 4 months later, no defect, no repair record. The homeowner, of course, knew nothing. Good luck with an area canvass among neighbors.
Recommendation: Send out a professional to photograph the accident scene ASAP. The defect may “disappear” and there may not always be a repair record.
From our good friend, http://www.stus.com:
4. If it seems weird; it probably is. Check all possible contributory factors.
Situation: Claimant fell UP the stairs. She wasn’t carrying bags, wore flat shoes; no drugs or alcohol were involved. No defects, liquids or debris on the ground.
Recommendation: Measure everything. After taking detailed step and rail measurements, we realized that a) the steps were unequally sized – from the height between them to the protruding lip of each step (which was excessive at the point where she was caused to trip and b) the rail would have been out of reach from her position regardless, with no secondary, wall rail in place. Rarely do people slip, trip or fall for no reason (unless there is an underlying medical condition.)
5. Always check to see if drugs and alcohol were involved. (Defense)
Situation: Building maintenance crew member claims to have fallen off of a defective ladder. The ACR showed extremely high bp readings; 3 taken at 15 minute intervals by responding EMS. Beyond what would be expected even in a stressful situation.
Recommendation: Check the medical history. The individual was on Lipitor and had not taken his medication as prescribed for several days preceding his fall. (He’d also commented to several co-workers earlier on the day of incident that he was feeling “dizzy”.) There was absolutely nothing wrong with the ladder, the area surrounding it, nor was he working at a height requiring specialized safety equipment.
BNI Operatives: Street smart: Net savvy.
As always, stay safe.
We welcome our newest partner, retired NYPD detective, John Brown, to the BNI team. After 23 years on the job, John decided to exercise his retirement option and shift to the civilian equivalent of his police force investigative position. We have been anticipating John’s arrival for several years, and in doing so, he has become very familiar with our SOPs. Once again, welcome aboard, John!
On to this week’s Bulletin.
It’s time to ”winterize” our firms/companies. Slip/Trip and falls occur year-round, but snow and ice conditions up the number of these case types. We review our intake surveys in the fall and mid-winter (as a reminder) and ensure that they’ve been updated.
(Obviously, when we receive this type of assignment, we are provided the client’s name, the date, time and location of accident. We then go on to a more formal intake survey. Below is primary information required in a slip/trip and fall event.)
1. CLIENT PEDIGREE (to include name, address, phone #, DOB, SSN,employment/scholastic and licensed driver info and emergency contacts)
2. WEATHER CONDITIONS
3. LIGHTING CONDITIONS
4. SURFACE DESCRIPTION (sidewalk, hallway, stairs…)
5. DEBRIS/DISREPAIR/CONSTRUCTION PRESENT
6. DESCRIPTION OF SURFACE (concrete, torn matting, tile…)
7. PRESENCE OF ANY WARNING SIGNS (e.g. wet floor cones, signs…)
8. DIRECTION OF TRAVEL OF PARTICIPANTS (northbound, descending steps…)
9. DESCRIPTION OF ACCIDENT (detailed, including, for exterior falls in snow and ice, how long the condition had existed)
10. ALCOHOL/DRUG INVOLVEMENT
11. WHERE WAS THE CLIENT GOING?
12. RATE OF WALK (normal gait, walking briskly… )
13. TYPE OF SHOES WORN
14. CONDITION OF SHOES (new, good, worn.. )
15. DOES THE CLIENT STILL HAVE THE SHOES?
16. OBSERVABLE INJURIES SUSTAINED (detailed)
17. MEDICAL ATTENTION RECEIVED AT SCENE
18. EMERGENCY/OFFICIAL VEHICLE AND PERSONNEL RESPONSE
19. STATEMENT(S) MADE AT SCENE
20. ADDITIONAL WITNESSES
21. DOES THE CLIENT KNOW OF ANY OTHER SIMILAR PRIOR INCIDENTS AT SAID LOCATION?
22. HAD THE CLIENT COMPLAINED TO MANAGEMENT OF EXISTING RELATED CONDITIONS?
23. DOES THE CLIENT KNOW OF ANYONE ELSE WHO MAY HAVE MADE SIMILAR PRIOR COMPLAINTS TO MANAGEMENT?
24. COPY OF CLIENT’S LEASE.
25. MANAGEMENT INFORMATION, IF KNOWN.
26. MUNICIPALITY INVOLVED?
Additional related searches you may opt to have your investigator conduct: real property search, weather check and prior incidents (lawsuits filed for similar situation v. the same property owner. Rarely, in these cases, do our clients ask us to conduct a financial background check on their clients (to determine if there are active liens, judgments, bankruptcies.. .), preferring to question their own clients on this matter. We do however have that capability and generally, that type of search, pending the case level, should include joint (spouse) information.
BNI Operatives: : Street smart; web savvy.
