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Can’t Find Your Client? Witness? or the Defect?? 5 Proactive Steps

lost and found

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 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 – 45 years old range.  Obtain an email address as these are often 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):  1. Call “Johnny” immediately.  Obviously,  the first objective is to determine his knowledge of events regarding your client’s matter.  2. Obtain his contact information and an identifier.  (Again we suggest DOB.  Many people are reluctant to release their SSN.)  3. Obtain an emergency contact for him.   4.  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.  Don’t expect the client to return and accurately record the scene.  Bear in mind, however, that the defect may have permanently “disappeared” and there may not always be a repair record.

From our good friend,
http://www.stus.com
:

 car accident

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.

Our Operatives: Investigative minds at work.

As always, stay safe.

Successful Locates v. Diminished Settlements

pushPinMap

To conduct a successful locate, hire a good investigator.

As flippant and self-serving as that may appear, if you’ve tried the usual public search options and have come up negative, if might be time to hire a professional detective.   The information online appears to be uniform.  It’s not.  A good investigator will use multiple data sources to locate a subject.  The key to selecting the most valuable  and current data  available along the digital trail is  in

1.  knowing the information providers update schedules (every 30 days, quarterly, when an important change is collected?).

2. understanding  the sales configuration of their products v. one’s needs. (E.g. Is a local versus a national real property search required? Does the service  allow for varying levels of information depth?)

3. confirming their level of removal from the primary data source.  (Is the data provider obtaining the information directly from officially recorded materials or repurposing another provider’s data?)

Your investigator should be aware of and constantly renewing his/her baseline  ”Go To” information sources.

For a subject locate,( to more efficiently utilize an investigator’s services), prepare the following on the subject:

1. Full name (to include maiden, extensions, e.g. Jr.  or III)

2. Date of birth, if known (or approximate age)

3. Social Security Number, if known

4. Last known home, cell and work phone numbers

5. Last known address or employers’ address

6. Work information, career field

7. Prior military experience

8. Relatives, emergency contacts

Perhaps, having had all of the above information available on your subject, you think there is nothing new an investigator can uncover.  Quite often, a different approach and skill set will make all of the difference between a successful locate and having to settle a case for a fraction of its worth.

Investigator Tip:

Often it is necessary, for completely legitimate reasons, to  initialize “soft” contact with a subject.  In that case, we suggest an untraceable, disposable, anonymous  email tool:  Guerrilla Mail.

Our Operatives: Street smart: info savvy.

As always, stay safe.

Subject Locates: Successful Ones v. Expensive Failures

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), we are often asked to locate:

- Adverse Witnesses

- Cooperative Witnesses

- Debtors

- Clients

- Heirs

- Etc.

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.

Our operatives: A step ahead.

As always, stay safe.

The Walls Have Ears. So Do Your Cell Phone, GPS, Cable and Onstar.

Cell phone tower in Nyakrom, Agona District (e...

Image via Wikipedia

The most frequently requested service  we receive is for subject locates, (e.g., a client has moved and neglected to give  his attorney forwarding contact information,  a transient witness needs to be interviewed, an heir to an estate located).

Regardless of the seemingly obvious ease of locating someone in our now technologically-enhanced transparent society, if a person wishes to remain unlocatable, they will. (I’ll refer back to this later in this article.)

The electronic tracking has arrived,  however.   One of the best tracking devices is a cell phone. Point in case, below is an excerpt from a June 3, 2011  NY Post article:

A 22-year-old Manhattan man was found, thirsty and weak, beside his BMW deep in swampy woods along an upstate parkway four days after he went missing.

State police say Thomas Wopat-Moreau, last seen at a Saturday night party in East Fishkill, was found by searchers Thursday in a secluded area near the Taconic State Parkway about 45 miles south of Albany (Gallatin, Columbia County). His car had swerved off the road early Sunday and flew 400 feet into the woods, leaving no trace behind.

Troopers said they were able to focus their search by a signal from Wopat-Moreau’s cell phone before it died.The tracking technique used by the state troopers is called pinging.

Pinging a cell phone is finding out the responding  cell tower to the phone.   This can be used to locate a person that has a cell phone.

Usually the information is provided by the cellular provider and one has to  have an account with them. In 911 systems, the location is broadcast with the call.   If a subject  is carrying a cell phone, the phone is constantly sending signals to the closest cell tower, even if the phone isn’t turned on. The location of the cell tower will tell you that the person is within a certain range. When the person moves,  they can be tracked by the  cell towers to which the signal is bounced to.

Cell phones now come equipped with GPS so a subject’s  exact location can be determined.  Even when the phone is turned off!! Also, the phones can be used as a listening device. It can be activated via a cell phone tower and law enforcement can listen to everything said within range of the cell phone.  Again, the phone doesn’t even have to be turned on.  The phone acts as a secret microphone.

More sophisticated ways of listening to people are being developed and many are already in use.  ONSTAR has been used to listen in on criminals by law enforcement.   The microphone for ONSTAR in one’s  car can be activated remotely so others can listen in to the in-vehicle conversation.

A GPS unit can obviously identify a subject’s location. However, a GPS can be disabled and is worthless to locators once the juice has been cut.

Cable boxes are also being used to listen in on people in their homes. The signal is sent over the same coax cable to the head-end where a server records conversations in range of the target.

An ounce of prevention…

As we’ve often  advised, if you are in a conference or client meeting or any other public situation in which you would like conversations to remain confidential, request that all cell phones be left outside of the room, including your own.  In high-level negotiations, it’s make sense for the opposition to hire professionals who can easily ping a cell phone and listen in on talks.

Preventative measures:

1. If you want to remain anonymous with a cell phone,  use a prepaid phone and don’t send in your information for a mail in rebate. If you do, the phone will then be registered to your name. If nobody knows your phone number or ESN number then they can’t trace your phone by cell towers.

2. Turn off the GPS.

3. As for ONSTAR,  most people in the know disconnect it.

(There isn’t much that can be done, short of removing the unit, regarding silencing your cable box.)

On a final note, in order to ping a cell phone, one has be authorized. Obviously, law enforcement is automatically qualified to request cell service providers to track phones, but so are investigators, bails bondsmen and several other professions.

Our Operatives: Street smart; Tech savvy.

As always, stay safe.

New Penalty For Mortgage Defaulters; Prisoners Cashed In on Tax Credit

New penalty for Mortgage Defaulters

In the past year, we’ve noticed a significant uptick in subject locate service requests by clients chasing mortgage defaulters.

Every type of dodge (for averting service) has been employed: from occupying the home only late at night for sleeping, to renting the house to someone other than the homeowner while attempting to individually selling the house to simply abandoning the property.

In an effort to discourage homeowners from walking away from their mortgage responsibilities, government-sponsored mortgage buyers, Fannie Mae and Freddie Mac, have announced a new, tougher policy that will ban defaulters from obtaining new loans for seven years.

The policy is aimed at the troubled borrowers who refuse to make good faith efforts to work out a deal to repay their loans.

The justification for the new Fannie and Freddie penalty is meant to discourage strategic defaulting, (when a homeowner simply stops making mortgage payments although s/he has the capability to do so).

Strategic defaulting default has become alarmingly popular in neighborhoods experiencing sharp house value declines.  In turn, this wave of unprecedented foreclosures has devalued entire communities.

Fannie Mae and Freddy Mac together, own or guarantee roughly half of all mortgages – 31 million loans valued at $5.5 trillion.

The federal government seized control of Fannie and Freddie in 2008, sending taxpayers a $145 billion bill, so far.   Neither of these two companies exhibits any signs of being self-sufficient in the foreseeable future.

When BNI becomes involved in locating mortgage defaulters, we advise our clients that these are not standard locates.  The people we are attempting to find are actively avoiding just that.  Whether the defaulter is in denial or trying to sell the property and recoup his/her investment, repay the loan and potentially even make money on the sale, the sheer number and complexity of these locates has certainly changed the scope of how we definitively identify and trace this particular group of subjects.

Our focus had broadened to include uncovering relatives, friends, co-workers, current and past business associates… It is extremely rare that a person will simply disappear, especially those with children.  Our experience has been that mortgage defaulters on the run will generally live with relatives or friends, and not unusually, will move out of state (mistakenly believing that crossing state lines will somehow absolve their debt).

How long will it take for commerical and private mortgage providers to install harsher default penalties?  Probably within several months, and undoubtedly sooner than government agencies Fannie or Freddie actually enact their new penalty policy.

Cease and Desist

In related news, after investigating hundreds of consumer complaints, NYS Attorney General Andrew Cuomo stated that as of Jun 24, 2010, his office has issued 180 cease and desist letters to national mortgage rescue companies that misrepresent themselves by implying an affiliation with the federal government. 

What Went Wrong Here??

1,300 tax filers grabbed $26.7 million in tax credits from the federal first time home owners incentive meant to boost the sagging housing market.

So why is this an attention-grabber?  These 1,300 individuals are all behind bars.  A common  scam by these prisoners had multiple (alleged) tax payers purchasing a single home, with each claiming the tax credit.  One home was simultaneously “purchased” 67 times. 

The IRS states it is taking steps to take this money back.  Good luck.

BNI Operatives: Street smart; web savvy.

As always, stay safe.

Finding the Unfindable – Transient Subject Locates

The task most often assigned to investigators is tracking down subjects. The proverbial papertrail: telephone records, address histories, voter registrations, professional licenses, , civil and criminal court filings, Motor Vehicle Department records, credit card records, Social Security data…, will, in a majority of circumstances, return with the subject’s current and valid contact information. But what do you do if the subject is simply not in the mainstream – for whatever reason: joblessness, homeless, mental illness, “on the run”…. What then?

The success of such a search depends on several factors including the information provided to the investigator and the investigator’s own skills and tenacity.

We’ve put together a checklist for locating transient witnesses that has generally worked:

1. Interview family and friends. (Request last known contact, any indication of location…)

2. Upon developing location leads, check with local and adjoining police departments.

3. Check with area hospitals and morgues.

4. Call the local Salvation Army center.

5. Contact the YMCA, YWCA.

6. Call privately funded charity organizations in the area.

7. Reach out to local plasma centers (many transient subjects give blood for money)

8. Identify local day worker locations.

9. Recon area bus and train stations.

and finally, you can go digital:

10. YouTube a video, or Flickr a picture of the subject, if family and or friends can provide such.

Most importantly, though, when a case first enters a law firm, as much personal information. contact and emergency contact info should be obtained as possible. Our experience has borne out that someone always knows something.

Be safe,

Lina

Pinging: Tracking A Cell Phone

A popular term heard lately in reference to cell phone tracking is pinging. Cell Phone Tracking or Pinging as it is commonly referred to is the technology which is used to track the current position of a cell phone. It is helpful technology when trying to locate criminals or missing persons.

Your cell’s position is determined by the cell phone tower which is nearest to your phone’s signals location. Some phones with built in GPS receivers have a higher accuracy rate. Many newer phones do not even need to be powered on in order to receive the signal. Also, newer phones have a second battery source so if the primary battery is damaged or removed, the cell can still be tracked.

Now I am sure you are thinking, between the GPS equipment, the feed cost, monthly plan…. you may just want to stay under the radar. But, you can’t remain hidden regardless as the above CNN clip clearly shows and, think of the fun you will be denying yourself by knowing where your teenager really went Friday night or keeping an eye on the employee who thinks she has unlimited use/mileage of the company vehicle. Well, we dug a bit deeper and found a free tracking solution for you from our friends at http://www.mologogo.com.

If you need to locate a subject or client for real, however, visit our sister site: http://www.beaconinfopro.com.

BNI Investigators: Street smart, Web savvy.

Stay safe,

Lina

Who, What, Where? Interview Intake Sheet

An initial pivotal step in any vehicular accident investigation is to obtain sworn statements from witnesses. In an earlier Bulletin (archived on this blog), we provided a witness statement checklist, which, if followed, should yield a comprehensive and accurate statement.

At the time a witness statement is being recorded, the investigator should also complete a form BNI created, called an Interview Intake Sheet. The information collected in an IIS bolsters the witness’ personal information (dob, ssn, address…) and provides a physical description of said witness. The IIS also includes the field investigator’s assessment of the witness re: memory recall, credibility, personality… Two outstanding benefits of an IIS are information availability to re-locate a witness, if necessary, and the subject’s psychological snapshot.

Quick upload to the law firm of the statement and IIS and the trial lawyer should have a good foundation on which to base immediate future strategy.

BNI Investigators: Street smart: Net savvy.

INTERVIEW INTAKE SHEET

Date of Interview: ____________________________

Time of Interview: __________________ A.M./P.M.

Witness: ______________________________________

Home Address: _________________________________

_______________________________________________

Phone Number: _________________________________

Work Number: __________________________________

Cell Number:___________________________________

Witness Description: Gender:____Male ____Female

Date of Birth: __________________ Age: _______

SSN: ________________________________________

Check one: ______ Asian ______ Black ______ Cauc.

______ Hisp. _______ Indian _________ (Other/enter)

Height: _______________ Weight: ______________

Hair color: ____________ Eye Color: _____________

_____ Mustache _____ Beard _________________ Other

Psychological/Personality Assessment: (i.e., quality
of memory recall, friendliness, credibility…):
___________________________________________________

___________________________________________________

___________________________________________________

Address Where Interviewed: _____________________________

___________________________________________________

Client: _______________________________________

File #: _______________________________________
http://www.beaconinfopro.com BNI, Inc. 845-233-1613

From Sea to Shining Sea: Nat’l Public Records


With 25% of the US population moving/relocating each year (not the same 25% of course!) more often, we’ve had to turn to national records to locate people. We’ve put together the below list of National Public Records and Organizations that your firm may find helpful.

NATIONAL PUBLIC RECORDS & ORGANIZATIONS
American Red Cross
http://www.redcross.org

Public Inquiry Office
6th floor
8111 Gatehouse Road
Falls Church, VA 22042
Telephone 703-206-7090

Civil Service Commission
Office of Personnel Management
Employee’s Records Center
Boyer PA 16017
Phone: 412 794-3141

Federal Aviation Administration
US Department of Transportation
Federal Aviation Administration
Mike Monroney Aeronautical Center
PO Box 25082
Oklahoma City OK 73125
Phone 405 680-6231 Press 3

Will confirm license, rating. type and medical record by phone. No fee. Include per inquiry: name, date of birth or SSN.

Federal Office of Child Support Enforcement
Web Sites: http://www.acf.dhhs.gov/programs/opa/facts/csenew.htm
http://www.acf.dhhs.gov/programs/cse/index.html

Federal Witness Protection Program
Department of Justice
1001 G St NW
Washington DC 20430
Phone: 202 307-3126

Internal Revenue Service
Web Site: http://www.irs.ustreas.gov/

Washington DC

Interpol
Headquarters in Lyon
Quai Charles de Gaulle
69006 Lyon, France
Telephone: 33 4 72 44 70 00
Fax: 33 4 72 44 71 63
From USA Phone : 202 272-8383

Library of Congress
http://marvel.loc.gov/

Library of Congress
Information Office
Washington DC 20540
Main Phone: 202 707-5000
Reference Center: 202 707-5522

National Archives
http://www.nara.gov/

The National Archives
Constitution Avenue
Washington DC
Phone: 202 501-5402

Bureau of Census
US Census Home Page: http://www.census.gov/
Finding Treasures in the US Federal Census http://www.firstct.com/fv/uscensus.html

1660 N Walnut St
Pittsburgh KS 66762

National Clearinghouses for Missing Children United States
Web Site: http://www.ncmec.org/

National Center for Missing and Exploited Children
Suite 550
2101 Wilson Boulevard
Arlington, VA 22201-3077
Phone: 703-235-3900
Fax: 703-235-4067
24-hour Hotline: 800-843-5678

National Personnel Records Center
Web Site: http://www.nara.gov/regional/stlouis.html
Civilian Records Facility
111 Winnebago St Louis MO 63118-4119
Military Records Facility
9700 Page Avenue
St. Louis, MO 63132-5100

Next of kin
NPRC
(Branch of Service)

Military Personnel Records
9700 Page Blvd
St Louis MO 60197-4638

Army Phone: 314 538-4261
Air Force Phone: 314 538-4243
USN, USMC, Coast Guard Phone: 314 538-4141

National Reunion Registry & Press Service
PO Box 355
Bulverde TX 78163-0355
Phone: 210 438-4177
The Salvation Army
Web Sites: http://www.salvationarmy.org/ & http://www.salvationarmyusa.org/home.htm
Email: internet@usa.redcross.org

The Salvation Army National Headquarters
615 Slaters Lane
Alexandria, VA 22313
Telephone: (703) 684-5500
Fax: (703) 684-3478
Call for Assistance 800-SAL-ARMY

Securities & Exchange Commission
Web Site: http://www.sec.gov/
Email: help@sec.gov

SEC Headquarters
450 Fifth Street, NW
Washington, DC 20549
Phone: 202 942-7040
Office of Investor Education and Assistance

Selective Service Commission
Web Site: http://www.sss.gov/
PO Box 4638
North Suburban IL 60197-4638
Phone: 708 688-6888

Social Security Administration
Web Site http://www.ssa.gov/
Social Security on-line: http://www.ssa.gov/SSA_Home.html

Location Services
6401 Security Blvd
Baltimore MD 21234
Phone: 800 772-1213

US Justice Department
Web Site: http://www.ins.usdoj.gov/
Immigration & Naturalization
INS
421 I Street NW
Washington DC 20536
Phone: 202 633-5231

US Department of State Passport Service
Web Site: http://travel.state.gov/passport_services.html

Passport Office
Department of State
Washington DC 20520

US Department of Justice Federal Prison System
Web Site: http://www.bop.gov/
County Jail Locator: http://www.corrections.com/links/county.html
Department of Justice
Federal Bureau of Prisons
Inmate Locate Service
Office of Communications & Archives
320 First St, NW
Washington, DC 20534
Phone: 202 307-3126

US Department of Commerce
Web site: http://www.doc.gov/
Phone: 202 377-2000

BNI Investigators: Street smart: Net savvy.

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