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Subject Locates: Successful Searches 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  VOIP (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 class of involvement (e.g., plaintiff, defendant, petitioner…)

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.

Municipal ID Cards: Coming Soon To Your City

Oakland ID card

(Our focus in this piece is on the NYC municipal ID card but as there has been no decision yet as to what it will look like, we are representing the ID image with a generic Oakland muni-card ID, [Oakland City ID].  Interestingly, the Oakland IDs are paired with Mastercard.)

A municipal identification card is a form of ID card issued by a municipality, such as a city, rather than a state or federal government.

Under federal law, cities may issue their own identification cards as they see fit, and do not have to consider the immigration or criminal status of an applicant before doing so.  New Haven, Connecticut issued the first municipal ID cards in the United States, the Elm City Resident Card, in 2007.    San Francisco followed suit in 2009 and now, other cities that issue municipal ID cards include Oakland, California,  Asbury Park, New Jersey, and Washington, D.C. (DC One Card).   The municipal ID card is intended to help people to access city services and enter city buildings.

Now jumps in NYC’s Mayor DeBlasio who signed the bill authorizing municipal ID cards in July of this year. The cards are supposed to be available early next year, at which point New York will undoubtedly leapfrog New Haven and San Francisco in having the largest municipal ID program in the country.

NYC officials are negotiating with banks, stores, restaurants and cultural institutions to also recognize the municipal ID cards, but have offered few examples where the card would be accepted.  The  January 2015 roll-out of the NYC municipal cards is anticipated to be utilized by 500,000 immigrants of varying legal resident status.

The program will be run by the city’s Human Resources agency. Applications for the card will be available online as well as at enrollments sites around the city, like the public libraries.

Several questions immediately leap to mind:

1. What is the identification verification criteria and process?

2. Will the NYC muni-IDs be valid outside of the metro NYC area? (E.g.: If NYC follows Oakland’s lead and multi-purposes these IDs to serve as pre-paid debit cards, will they be accepted in outer-borough banking facilities?)

3. Will these muni-IDs be linked to benefits? (Medical, personal welfare programs, education…)  If so, ill they be accepted on a federal level as a form of identification?

I believe it is necessary for all people to have access to financial, social and educational programs;  these days, however, security is also a major concern.   NYC’s municipal identification card agenda bears watching.

BNI Operatives: Street smart; info savvy.

As always, stay safe.

Yahoo and Google Data Availability to Law Enforcement & For Legal Process

email magnifying glass

 

As we’ve surmised by now, Lois Lerner’s missing emails exist – somewhere.  There’s also now the availability of cloud hosting, a method of saving your email on the net that allows you 24/7  access from any remote location.  So, do you really know what happens to all of your subscription information, emails, attachments, etc., once you shut down an email account?  What if your information is requested by law enforcement or in anticipation of litigation?   What is the legal process in such a case?

We’ve conducted research into data retention by the two major service providers: Yahoo and Google:

YAHOO

yahoo data save

Compliance With Law Enforcement:    PRESERVATION

Will Yahoo! preserve information?

Yahoo! will preserve subscriber/customer information for 90 days. Yahoo! will preserve information  for an additional 90-day period upon receipt of a request to extend the preservation.   If Yahoo! does not receive formal legal process for the preserved information before the end of the  preservation period, the preserved information may be deleted when the preservation period expires.

 

GOOGLE

What kinds of data do you disclose for different products?

To answer that, let’s look at four services from which government agencies in the U.S. commonly request information: Gmail, YouTube, Google Voice and Blogger. Here are examples of the types of data we may be compelled to disclose, depending on the ECPA legal process, the scope of the request, and what is requested and available. If we believe a request is overly broad, we will seek to narrow it.

Gmail
Subpoena:

  • Subscriber registration information (e.g., name, account creation information, associated email addresses, phone number)
  • Sign-in IP addresses and associated time stamps

Court Order:

  • Non-content information (such as non-content email header information)
  • Information obtainable with a subpoena

Search Warrant:

  • Email content
  • Information obtainable with a subpoena or court order
YouTube
Subpoena:

  • Subscriber registration information
  • Sign-in IP addresses and associated time stamps

Court Order:

  • Video upload IP address and associated time stamp
  • Information obtainable with a subpoena

Search Warrant:

  • Copy of a private video and associated video information
  • Private message content
  • Information obtainable with a subpoena or court order
Google Voice
Subpoena:

  • Subscriber registration information
  • Sign-up IP address and associated time stamp
  • Telephone connection records
  • Billing information

Court Order:

  • Forwarding number
  • Information obtainable with a subpoena

Search Warrant:

  • Stored text message content
  • Stored voicemail content
  • Information obtainable with a subpoena or court order
Blogger
Subpoena:

  • Blog registration page
  • Blog owner subscriber information

Court Order:

  • IP address and associated time stamp related to a specified blog post
  • IP address and associated time stamp related to a specified post comment
  • Information obtainable with a subpoena

Search Warrant:

  • Private blog post and comment content
  • Information obtainable with a subpoena or court order

Note about general Gmail retention:  Even if you Purge your Trash email or shut down your gmail account, your email remains available for recovery for 20 days beyond when the mail is deleted or the account closed.

Please feel welcome to contact us with more specific questions regarding data retrieval from these two major service providers (and lesser used ISPs w/unique data product.)

BNI Operatives: Street smart; info savvy.

As always, stay safe.

 

 

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