TITLE IX INVESTIGATIONS AND SEXUAL MISCONDUCT

TITLE IX INVESTIGATIONS AND SEXUAL MISCONDUCT

By: Kym Pasqualini, Feature Writer for Lauth Investigations

Scandals can arise anywhere, especially in the workplace, and schools are especially vulnerable. Allegations of sexual misconduct, assault and other accusations violating workplace compliance and law, have severe civil and criminal liability.

We have all heard about sports-related and college scandals, and the newly and highly publicized accusations against Harvey Weinstein that seemingly were permitted to go on for years without anyone acting. These situations can create not only a media frenzy, social media ubiquity and significant liability within a company.  How complaints are handled can affect an institution’s reputation for years.

Institutional leadership has a moral, ethical and legal obligation to protect students and employees.

Institutional leadership has a moral, ethical and legal obligation to protect students and employees.

Most importantly, it is the responsibility of an institution to protect their students and employees, and the leadership has a legal, moral and ethical obligation to do so.

An institution’s investigative process, in response to sexual assault or misconduct, needs to be geared toward determining what happened without having preconceived notions of the outcome. The process should be consistently applied, clearly documented, and show the steps followed in achieving the conclusion.

Maintaining a record of this process and the findings is critical to minimizing risk should there be a consequent lawsuit or investigation by an outside entity.

Title IX

President Richard M. Nixon signed Title IX Educational Amendments of 1972 as a comprehensive federal law prohibiting discrimination on the basis of sex in any federally funded education program or activity. In addition, protecting employees and students from sexual misconduct.

Sexual assault and misconduct investigations not meeting legal standards are increasingly resulting in very costly claims. Ensuring Title IX compliance is the best way to minimize risk.

In a 2011, “Dear Colleague” letter (DCL) was issued by the U.S. Department of Education’s Office for Civil Rights (OCR). According to the letter, investigations must be:

  1. Prompt – The DCL defines the meaning of “prompt” as conducting an investigation within 60 days, acknowledging more complex cases may require more time. 
  1. Thorough – OCR mandates a case must be “thorough” and the investigation must be conducted in good faith. The employer must have legal grounds to believe the employee participated in misconduct before any disciplinary action is taken.
Courts expect a thorough and adequate investigation in all sexual assault and misconduct cases.

Courts expect a thorough and adequate investigation in all sexual assault and misconduct cases.

Courts do not focus on whether the employer made the right conclusion but instead, examine the determining process used to ensure the investigation was adequately thorough. For example, analyzing the type and number of interviews conducted, confidentially of the interviews, were they handwritten or recorded and how. The court also notes if the investigator asked non-leading, open-ended questions; encouraged witnesses to clarify or correct testimony; or challenged information provided by witnesses.

Small mistakes may not damage an investigation; however, a case could be considered inadequate simply on the pretense an individual lacked prior experience investigating sexual harassment cases or failed to adequately explore the allegations.

  1. Impartial – It is necessary to remain impartial. For example, the person who made the complaint should not be a supervisor over the individual investigating the complaint. A qualified investigator should always be used to investigate sexual assault and harassment complaints, one who can remain objective and has no stake in the outcome of the case.

There are two recommended models of investigation to be conducted by a trained investigator understanding of the evidence needed to sustain or disprove allegations.

What Are The Numbers?

The Chronicle of Higher Education (CHE) tracks federal investigations of colleges for potential violations of the gender-equity law Title IX involving alleged sexual violence. According to CHE, as of January 10, 2018, there were 337 sexual violence cases under investigation at 243 postsecondary institutions.

A campus investigation differs from a police investigation; however, both can occur at the same time. It just depends on where the victim reports the assault. A victim may feel more comfortable going to campus police than law enforcement for fear they may be doubted or blamed, especially in cases of rape by an acquaintance. Though advocates fear victims being discouraged from coming forward, in several states, lawmakers are now proposing colleges be required to notify law enforcement.

Pre-Investigation

In this model, the investigator meets individually with both parties and witnesses prior to any hearing and provides the information to a panel or hearing official. The goal is to maximize the information obtained during the interview process by questioning parties and witnesses privately to minimize stress for the participants, while also protecting testimony.

Prior-Hearing Investigative Process

The other common model, the investigation is part of the hearing process where an official panel or hearing official questions witnesses, hears testimony, reviews documents and evidence, and makes a conclusion.

While this model may work well for some institutions, it tends to be viewed as adversarial and may affect the overall reliability of the case.

According to United Education’s EduRisk program, while it is the institution’s responsibility to investigate alleged sexual assaults or harassment, and decide if discipline is warranted, this model can inappropriately burden the parties to present their cases by identifying witnesses and evidence for school officials to consider. In addition, most school officials are not trained investigators or private detectives with experience working with such sensitive circumstances.

Proper Documentation

Writing ImageThe institution has the responsibility to properly document its investigation of any sexual misconduct allegation to provide a reliable record of all evidence the findings are based. This is especially critical when an allegation may appear meritless on the surface.

Though courts do not favor one method of documenting interviews, ideally, in addition to a final report, an investigator should provide a summarization of evidence, assessment of credibility of witnesses interviewed, and contain only factual conclusions.

Policies and Procedures

Given the importance of sexual assault and other misconduct allegations, it is necessary to have the appropriate policy and procedures to demonstrate the institution’s commitment to the safety of its employees and students, help prevent avoidable crises and support an efficient and effective response.

It is vital to understand when an investigation is warranted, and the purpose of the investigations, to include planning and organizing.

Every institution or company should have policies in place specifically addressing suspected misconduct to help respond reasonably with guidance as to how staff should respond and recommended to utilize experts to help identify vulnerabilities that may exist in an institutions current policies and procedure.

What a Federal Investigation Entails

To most onlookers, the federal investigation process of an institution is opaque. The OCR informs a college it is under investigation and informs whether it is based upon a compliance review or complaint. When it is a complaint, typically, the complainant’s information is not made available.

Federal officials require a great deal of information, such as policies, training material, investigative reports, interviews, incident reports, hearing documents. They will visit the campus to meet with both students and employees as well.

Some OCR investigations can conclude quietly, with an “administrative closure,” “early complaint resolution,” or “insufficient evidence.” Other investigations can result is a letter of findings, not seen until the conclusion, along with a “negotiated resolution agreement” that details policies and procedures a college must change or adopt. To comply, these often require implementing or expanding training programs for faculty, students, and staff, along with modifying policy and procedure.

Investigations are getting tougher. The OCR will likely monitor the college’s progress for years to come.

The best way to avoid investigative, policy and procedure pitfalls is to respond appropriately the first time using a professional investigative agency or experienced private investigator.

Fair and Independent Investigations

Lauth Investigations Sexual Harassment Division is headed by founder Thomas Lauth who has extensive experience investigating sexual misconduct.

One thing has become abundantly clear, after watching the numerous news stories covering sexual assault and harassment, is remaining mindful of the sensitivities involved in such an investigation, making it necessary to address each client’s needs. In addition, a rapid response,  both thorough and professional, is necessary so as not to cause more harm.

Sexual assault and other misconduct has serious psychological consequences on the victim. Lauth Investigations professionally conducts sensitive internal investigations related to sexual assault and misconduct with utmost integrity. Our private investigators take great care to develop facts, determine credibility, and reach findings with objectivity and independence, while also exercising discretion and sensitivity.

During an investigation, Lauth Investigations expert private investigators will interview the complainant and witnesses, examine relevant documents, obtain written statements, medical records, email and other communication. At conclusion, a confidential report is delivered to include finding and recommendations that adhere to court and panel oversight.

Title IX investigations differ from a law enforcement investigation, and critical in the initial phase to ensure evidence is preserved, whether it be physical evidence, video surveillance or other important aspects of a proper investigation. Lauth investigators will ensure the investigation is treated with utmost integrity so as not to compromise the investigation.

Our experts can also evaluate and provide recommendations of current policies and procedures to help strengthen the response to sexual assault and misconduct.

 

 

OLYMPUS DIGITAL CAMERAThomas Lauth

Investigations Division

Email: tlauth.investigations@gmail.com

Tel: 317.951.1100

MISSING PERSONS PRIVATE INVESTIGATORS

MISSING PERSONS PRIVATE INVESTIGATORS

By Kym Pasqualini, Feature Crime Writer for Lauth Investigations

Missing persons and runaway cases are among the most challenging issues facing law enforcement today.

A detective must consider a number of variables when there is no explanation for a person’s disappearance. Was the missing person a victim of foul play? Did they suffer an accident? Was a child kidnapped by another parent and in danger? Do they have diminished mental capacity or other high-risk health risks? Was a child abducted by a stranger? Has the runaway been lured into sex-trafficking?

According the Federal Bureau of Investigation (FBI), National Crime Information Center (NCIC), on average, more than 800,000 people are reported missing each year. Though many of the cases are resolved, approximately 85-90% of those cases are children under the age of eighteen.

As of January 31, 2018, there were 86,664 active missing persons cases in NCIC, with nearly 40,000 active juvenile missing person cases. This number is an average daily total of active missing person cases on any given day. Additionally, there were 8,645 active unidentified persons cases in the national database referred to as the National Crime Information Center (NCIC) at the FBI.

Large computer database systems are used by federal agencies.

Large computer database systems are used by federal agencies.

What is NCIC?

NCIC is a database system accessible to all law enforcement, medical examiners and coroners in the United States. When law enforcement takes a missing person report, or an unidentified living or deceased person is found, the person’s descriptive information and other pertinent data, photograph and property information is entered in NCIC.

The NCIC system regularly cross-references missing person data (files) with unidentified person’s data to find potential matches.

Ideally, every missing person’s data would be entered in NCIC; however, the issue of missing persons is quite complex.

Missing Person Laws

When a child under the age of eighteen is reported missing, police are required by a 1982 congressional mandate to immediately take a report and enter the child’s information into NCIC.

In 2003, Suzanne’s Law was passed for persons between 18 and 21 reported missing, as part of the national “Amber Alert” bill. Previously, police were only required to report missing persons under the age of 18. With Suzanne’s Law enacted, any person under the age of 21 is considered a missing child and law enforcement is now required to also take an immediate missing person report and enter the person’s information into NCIC. One drawback, many law enforcement agencies are still unaware the law exists.

For missing individuals over the age of 21; however, the determination to accept a missing person report is left up to the discretion of each law enforcement agency based upon protocol. Due to the difference existing for missing adults vs. missing children cases, resources for a missing adult can be minimal at times.

There are approximately 17,000 law enforcement agencies throughout the U.S. and many do not have the time or resources to allocate to missing person cases. According to the national Unified Crime Report during 2016, police made 10,662,252 arrests while protecting our communities and leaving police departments throughout the country stretched.

This can be frustrating for families who are concerned for the safety of their loved one.

Many times, police are reluctant to respond with searches for people who may have left of their own accord, or someone who may be living on the street. In many cases where a search response is required, due to suspicious circumstances or threat to life, an actual search can only be prolonged for so long.

(Police conducting a ground search for a high-risk missing person.

Police conducting a ground search for a high-risk missing person.

In addition, there could be jurisdictional issues complicating a search for a missing person where a person goes missing in one law enforcement agency’s jurisdiction; however, their car is found in another, causing complications in search efforts.

Many times, when an adult goes missing, there is not even a starting place or evidence left behind, and the person simply vanishes with no explanation.

Or, a loved one may go missing while visiting another country which can also tie U.S. law enforcement’s hands and causing virtually no effort to be made to find the missing person.

When a loved one is missing, it is necessary to act in a swift, efficient, and organized manner.

Hiring a Licensed Private Investigator

Often, it is necessary to hire a licensed private investigator with experience working with missing person investigations. One who will work cooperatively with law enforcement can be an asset to an investigation.

With a private investigator, there is a pre-determined time-frame to search for the missing person that can be extended until family of a missing person is satisfied all leads have been exhausted. There are no jurisdictions holding a case back when a private investigator is involved. Private investigators can travel state to state and even out of the country if warranted.

There are many different situations where a private investigator can be of assistance in a case, such as:

  • Searching for loved ones who have voluntarily disappeared.
  • Long-term missing persons/cold cases.
  • Minors who may be been victims of human trafficking or kidnapping.
  • Missing persons with diminished mental capacity.
  • Individuals missing due to suspicious circumstances.
  • Individuals missing with domestic abuse history.

Private Investigator’s Tools of the Trade

When we talk tools of the trade, it is important to note, nothing can take the place of good old fashion “Sherlock Holmes” investigative techniques and pounding the pavement. Private investigators have the benefit of working independently and making rapid decisions benefiting an individual case, sometimes operating outside of the boundaries of what law enforcement’s capabilities. Such as, tracking a potential suspect without requiring a warrant, questioning witnesses, interviewing suspects, and even paying informants when necessary.

Surveillance photographs of a suspect in a sexual assault case in Boulder, Colorado.

Surveillance photographs of a suspect in a sexual assault case in Boulder, Colorado.

Private investigators can conduct background checks, court and other records searches, financial records, work and employment information, identify coworkers, business associates, and friends, analyze computers and social networking information, conduct surveillance and search facilities such as jails, mortuaries, and hospitals.

In cases where an individual is missing in another country, a private investigator can travel to identify and interview potential witnesses or suspects and work with the American consulate to better effect an investigation.

Private investigators will work in cooperation with a law enforcement agency.

Private investigators will work in cooperation with a law enforcement agency.

A missing persons 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.

Because private investigators are not limited to one jurisdiction, they often have a network of other private investigators, law enforcement, and nonprofits to assist if necessary, ensuring all resources are being utilized.

Many private investigators have previous criminal investigation experience and worked for local, state and federal agencies throughout their career, expanding their knowledge base and skills.

If a family of a missing person is unable to get law enforcement to take a missing person report or believe they have not been properly categorized as a “high risk” missing person, private investigators can investigate and present information to the law enforcement agency to reevaluate their initial determination and effect a missing person report.

Following are investigative activities licensed private investigators may assist with:

  • Identify circumstances of the missing person’s disappearance
  • Determine where the person was last seen
  • Investigate potential crime scene and photograph documentation
  • Interview the reporting party
  • Interview potential witnesses and/or suspects
  • Develop list of all known associates
  • Communicate with law enforcement details of the case that can assist in making a missing person report or assist an existing police investigation
  • Ensure missing persons information has been properly documented and entered into NCIC and other databases
  • Systematically canvas area, question local community members, businesses, etc.
  • Identify personal belongings that should be saved and can be turned over to law enforcement authorities for DNA testing, if necessary
  • Work with media when necessary
  • Identify additional resources
  • Provide guidance

When a loved one is missing, time is of the essence and it is critical to identify the circumstances of the person’s disappearance. When considering hiring a private  investigator, it is important to remain cognizant there is only so much that can be done by law enforcement; whereas, a private investigator can devote full attention to a case ensuring the proper steps are taken to search for a loved one.

Snapchat Murders: Not a Cold Case

Snapchat Murders: Not a Cold Case

By: Kym Pasqualini, Feature Crime Writer for Lauth Investigations

On February 13, 2017, best friends Abigail “Abby” Williams, 13, and Liberty “Libby” German, 14, planned to go hiking near the beautiful area of Monon High Bridge Trail, east of their small town of Delphi, Indiana.

Libby German and Abby Williams, Best Friends

Libby German and Abby Williams, Best Friends

At approximately 1:45 p.m. that afternoon, a family member dropped them off at the abandoned bridge where they planned to hike. It was agreed they would meet their family back in the same location later in the afternoon.  They both had the day off school, it was an unseasonably warm winter day, and Abby Abby and Libby shared a special friendship. They both loved hiking, taking photographs of flowers and trees, and adventuring the scenic trails about a mile east of their home.

Libby posted, this now haunting photo, while atop Indiana’s second highest bridge on her Snapchat at 2: 07 p.m. This was the last post anyone would see the two girls alive.

Photograph Libby German posted on Snapchat of Abby Williams walking on the Monon High Bridge, Dephi, IN.

Photograph Libby posted on Snapchat of Abby  walking on the Monon High Bridge, Dephi, IN.

When the girls did not show up at the agreed upon the location as planned, the family reported the girls missing to Delphi Police Department and the local sheriff. Immediately police and firefighters were dispatched to canvas the area.

Over 100 searchers responded to the area. Arial searches began utilizing the remaining daylight hours. Later the same evening, authorities began trying to “ping” the girl’s phones, with no success. The sheriff stated he felt the girl’s phones were either turned off or the batteries had gone dead.

Police searching for Abby and Libby in the area surrounding Monon High Bridge and Deer Creek trails.

Police searching for Abby and Libby in the area surrounding Monon High Bridge and Deer Creek trails.

At approximately midnight, the search was called off, though volunteers continued searching throughout the night. The search resumed the following morning along Deer Creek and farther out from the trail. Searchers prayed the girls had simply been lost but soon those hopes were dashed. Approximately one mile from where the two young girls vanished, searchers found two bodies on a piece of private property along Deer Creek, north of the bridge.

February 14, 2017, at approximately 1:50 p.m., Sheriff Leazenby, Delphi Police Chief Steve Mullins and Indiana State Police (ISP) representative Kim Riley held a joint press conference to announce two bodies were found during the search for Abby and Libby, stating the bodies had yet to be identified.

February 15, 2017, 2:33 p.m., authorities held another press conference and announced the bodies had been identified as Liberty German and Abigail Williams.

A community was heartbroken. Children were terrified, and parents held their children closer.

Haunting Images and Audio Found on Libby’s Phone

At the February 15th news conference, ISP proceeded to release a photo of an unidentified man walking along the Delphi Historic Trail found on the girl’s phone. Authorities announced they wanted to speak to anyone who had parked in the nearby lot or anywhere around the trail the day the girls had visited the park.

FBI names individual in photograph suspect in murder of Delphi girls.

FBI names individual in photograph suspect in murder of Delphi girls.

Five months into the investigation, ISP released a composite sketch of the man on the bridge hoping someone may recognize him and make a call.

Chilling audio of the killer’s voice Libby captured on her phone was also released generating thousands of leads.

Sketch

In an Indy Channel report, “Delphi Investigation: Why state police say Libby and Abby’s case isn’t cold,” Indiana State Police Superintendent Doug Carter says, “There’s a person out there that knows who did it. Not a hunch. They know who that person is,” said Carter. “They know that voice and they know those clothes. They know that posture. They know that stance and they know who murdered those two little girls in that quiet place.”

March 1, 2017, former Indianapolis Colts punter Pat McAfee and team owner Jim Irsay donate $97,000 to the reward fund. The reward is now $230,000 for information leading to the arrest and prosecution of the individual who murdered Abby and Libby.

In an ABC RTV6 report, “Delphi, Indiana: FBI seeks tips on behavioral changes to help catch Delphi killer,” the FBI makes a plea to the public to think back to Monday, February 13th, the day the Delphi teens went missing asking questions like, “Did someone you know make an excuse for missing an appointment?”

“Just think if you had an interaction with an individual who inexplicably canceled an appointment that you had together,” said Greg Massa of the FBI. “Or an individual called into work sick and canceled a social engagement. At the time, they gave what you thought would have been a plausible explanation. ‘My cell phone broke’ or ‘I had a flat tire on my car.’ In retrospect, (that) excuse no longer holds water,” Massa added.

Other behaviors might now be considered suspicious. It is often a seemingly inconsequential detail someone calls in that can break a case wide open.

“Did an individual travel unexpectedly?” Massa said. “Did they change their appearance? Did they shave their beard, cut their hair or change the color of their hair? Did they change the way they dress?”

Even behavioral changes occurring shortly after February 13, 2017:

  • Someone who developed a different sleep pattern
  • Started abusing drugs or alcohol
  • Has become anxious or irritable
  • Someone who has followed this case to an extreme
  • A person who has ongoing conversations about where they were February 13th
  • Someone who has visited the location where the girls were murdered
  • Someone who has taken photographs around the trail and bridge

Police say don’t ever feel bad about reporting odd behavior. It could have everything to do with finding justice for two little girls brutally murdered. It could save other children from a similar and tragic outcome. In addition, if the person is innocent, it will only take a couple minutes of their time and they will never know you were the one who made the report.

A Person of Interest Dismissed

Johnson County Sheriff’s Office sent officers to Colorado to retrieve a “person of interest” in the murders of Abby and Libby.

Daniel Nations

Daniel Nations had been arrested in Colorado for threatening hikers with a hatchet on a Colorado trail. Investigators traveled to Colorado to question Nations.

Nations was wanted on an outstanding warrant in Johnson County, Indiana for failing to register as a sex offender so authorities brought him back for further questioning in the Delphi murders.

Police have not formally named Nations as a suspect stating they have no information specifically including or excluding Nations in the killings. However, ISP has since said they are no longer actively investigating Nations as a person of interest in the case.

Memories Keep the Families Going

In “Delphi Daughters: The Untold Story of Abby and Libby”, a News 6 report, Mike Patty Libby’s grandfather states, “They didn’t leave each other’s side,” about the afternoon the two girls vanished. “I don’t know what happened out there that day, whether there was a chance or an opportunity for one to break off or split, or make a break for it or whatever but you know, I look at it as two young soldiers who covered each other’s backs, two best friends, I wouldn’t leave my best friend’s side. Neither did they.”

They both loved music. Both played the Alto Saxophone in their middle school band. They loved photography and painting, and both were signed up to play softball.

Life has changed for both families. Libby is remembered as the “baker” of the family. She loved making chocolate chips cookies. Becky Patty, Libby’s grandmother said, “She was a baker. She could throw a batch of cookies together like no other.”

Libby loved using sticky notes. She would leave sticky notes on her grandmother’s car visor. One read, “I love you! Thank you for everything you do for me and Kelsie – Libby.” She would leave sticky notes all over the house, even giving her teachers sticky notes, and always showing her appreciation for everyone around her.

Abby and Libby together

Libby German and best friend Abby Williams, loved and remembered by all who knew them.

In the aftermath of her murder, Libby’s class presented her grandparents with jars filled with “sticky note” messages from each child. A way of dealing with the loss for her classmates, and a reminder of how much she is missed.

Libby had dreamed of becoming a science teacher and loved finding cures and solving crimes, so much so, she took additional classes at Purdue University.

Like Libby, Arika Gibson, a friend of the pair said, “Abby also dreamed of doing something within forensics and police work.” For two amateur sleuths, clearly, the evidence the girls left on their cell phones was clues to their own murders.

Abby Williams’ grandparents, whom she called Mee-maw and Papaw, keep her belongings right where they were the day she disappeared. “We just can’t erase her from our lives, we just don’t want to.”  She added, “We treasure her coat hanging on the coat hook, her shoes on the shoe rack and her bedroom just the way she left it – she may have walked out the door, but she is here with us,” said Diane Erskin, Abby’s grandmother. With tears in Abby’s mother’s eyes, Anna Williams added, “Abby smiled all the time.” Her voice to a whisper, “All the time.”

Abby’s favorite thing to say was, “Is there anything I can do to help?” Always with a joyful spirit. Anna and her daughter Abby both shared a love of photography. She loved arts and crafts even knitting hat for newborns with her Aunt Maggie. She was especially good at volleyball and had planned on starting softball with Libby in the new year. Her grandfather Cliff was so excited he drove down from Michigan to take Abby out shopping to buy all new gear.

Investigation Continues at God Speed

The search for a killer has reached national proportions. Approximately 6,000 electronic billboards in 46 states have been utilized to solicit information from the public.

Billboards with information about the Delphi murders have been placed throughout the country.

Billboards with information about the Delphi murders have been placed throughout the country.

A year later, investigators have received over 30,000 tips and interviewed thousands of potential suspects.

ISP, FBI, Carroll County Sheriff and the Delphi Police Department still follow up leads and vow to solve this murder case.

Investigators have a motto, “Today is the day,” and each day at the department, the day starts out with a prayer. “As we gather together today for our work we have been assigned to, let’s pray,” as each investigator bows their head.

“Today’s the day, today is the day we are going to get closer to the end, today is the day we are going to get closer to getting justice for Abby and Libby,” said ISP First Sergeant Jerry Holeman. “We have all worked tragic cases. Nothing like this. I can’t put anything close to this case.”

Police continue to work 20 hours days, with sleepless nights, with one goal in mind. A team of hundreds of investigators continue to work the case, tracking down thousands of leads. Holeman admits it has been rough on everyone involved. Investigations can become a roller coaster ride with hopeful leads and dashed hopes when those leads are eliminated. When it gets tough, Holeman goes back to the saying, “Today is the day.”

Indiana State Police Sgt. Holeman interviewed by Alexis McAdams. Photo courtesy Alexis McAdams TV.

Indiana State Police Sgt. Holeman interviewed by Alexis McAdams. Photo courtesy Alexis McAdams TV.

“I need to be here for Abby and Libby,” says Holeman, “Because I am going to find who did this and we are going to hold them responsible for their actions.”

When Anna Williams was asked what justice will look like for her, “Justice will be that deep breath we get to take when my friend’s children are sleeping in their beds again. When people don’t worry about their children playing outside.” Williams continued, “Justice is in law enforcement. We believe in law enforcement. We believe in the FBI and everyone else that has worked on this case. That’s where justice will come from.”

Unsolved homicide posters still hang in local company’s windows. The community stands united behind Libby and Abby’s families and law enforcement still working the case.

Orange bulbs dot Delphi until the murderer of Abby and Libby is found. Source: Facebook Light Up for Abby and Libby.

Source: Facebook Light Up for Abby and Libby.

Orange bulbs light up the entire town of Delphi. The community has committed to ensuring the golden glow lights the town until the killer of Abby and Libby is caught and brought to justice.

If you have any information about the murders of Abby Williams and Libby German, please call 844-459-5786 or ABBYANDLIBBYTIP@CACOSHRF.COM.

 

 

 

 

 

Gangs in the Workplace: Corporate Investigations

Gangs in the Workplace: Corporate Investigations

By: Kym Pasqualini, Feature Crime Writer for Lauth Investigations

The days of red and blue handkerchiefs, baggy pants, graffiti, rap-music, and drive-by shootings are no longer such a popular sub-culture. Believe it or not, the new kind of gangsters hold college degrees, work and hold jobs in offices, warehouses, even government positions and police departments. They are a more sophisticated criminal and have infiltrated corporate America.

corporate gang

No more baggy pants. Today, you are more apt to find a gang member wearing black patent leather shoes.

If you think this is not a possibility in your own company, think again. No industry or company is exempt. A University of Chicago study found gangs have increasingly adopted a clean-cut appearance while replicating techniques used by organized crime.

Described as “very sophisticated and well organized” by the Federal Bureau of Investigation (FBI), they estimate there are 33,000 violent street gangs with 1.4 million members nationwide. You can safely double that number if you count affiliates and wannabes. The number has risen steeply, up from 1996 where an estimated 400,000 gang members were accounted for in the University of Chicago study.If you think this is not a possibility in your own company, think again. No industry or company is exempt. A University of Chicago study found gangs have increasingly adopted a clean-cut appearance while replicating techniques used by organized crime.

Well-known companies, Chicago Police Department, the United States Post Office, major pharmaceutical companies, and even the Social Security Administration have found gang members within their ranks carrying out complex illegal operations netting millions annually.

According to the FBI 2015, National Gang Report (NGR), gangs have gained employment in the U.S. Military, law enforcement, corrections, and even judiciary.

From the Streets to a Global Crime Empire

Typically, gangs are known for drug trafficking, robbery, gun trafficking, intimidation rackets, prostitution, human trafficking, fraud and other crimes you may think would not infiltrate a common company. Now, they are. However gangs are concentrating their efforts on white-collar crime due to weaker sentencing guidelines and ease of making money.

The term “gang activity” involves identity theft, credit card fraud, prescription drug fraud, trafficking stolen goods, money laundering, mortgage fraud, Social Security Administration fraud, tax fraud, counterfeiting, and securities marketing manipulation. Where there is access, there will be individuals willing to participate in capitalizing and even selling their access to those interested in exploiting the system.

credit card
In New Jersey, the 111 Neighborhood Crips used a machine to make gift cards they distributed to grocery stores, pharmacies and other stores. Grand larceny accounts for 40% of all crime in the United States during 2014.

In 2015, the Outlaw Gangsta Crips in NYC made approximately $500,000 in a paycheck fraud scheme by obtaining a legitimate paycheck from an employee and using the information to create and cash counterfeit checks.

From 2004 through 2009, fraud investigations alone increased 33%, bringing losses associated with those schemes into the billions of dollars.

According to Fox Business, Gangs such as the Bloods, Crips and La Nuestra Familia are undertaking white-collar crime. They are recruiting members that possess the necessary skill-sets, according to the FBI.

When you think gangster, images of Joe Pesci and Robert De Niro, maybe even Snoop Dog, may come to mind, not the impeccably dressed executive working in a high finance position. Or, the nicely dressed woman at the bank who knows how much you deposit weekly or the amount of your company’s payroll.

In a Workforce Magazine article, “Have Gangs Invaded Your Workplace,” during 1995, California, Silicon Valley firms alone were hit with more than 50 armed robberies of microchips and electronic components with the average heist netting the robbers $400,000. “There’s a growing level of sophistication and opportunism,” says Keith Lowry, a detective in the High-Tech Crime Unit of the San Jose Police Department.

Gang members are becoming harder to weed out in the hiring process, much of the time because we commonly think of “gang members” as looking like street thugs, and these old stereotypes are costing companies billions annually.

guy in suit

Weeding out white-collar gang members has become increasingly difficult.

Any company can become a target or an opportunity to engage in illegal activities, like dealing drugs, theft of property or personal information, extortion. Gangs have learned they can make a lot more money by being well-dressed, educated, and articulate.

For instance, electronics firms are easy targets. A microchip or computer processor weighing less than an ounce can score several hundred dollars on the street. The sentence for being charged with a stolen microchip much less than selling an ounce of drugs.

Some gangs plant members within a company in specific department such as infiltrating dispatching, shipping or the financial departments. They can also pose as temporary workers or work for outside vendors to gain access to numerous companies.

In addition, the growing trend toward outsourcing can often lead to less control over merchandise, files, and information.

According to a Fox Business article “From the Streets to Cyberspace: U.S. Gangs Turn to White Collar Crime,” the FBI says, “Gangs are more adaptable, organized, sophisticated, and opportunistic, exploiting new and advanced technology as a means to recruit, communicate discreetly, target their rivals and perpetuate their criminal activity.”

Facebook has become the preferred method for gang members to communicate according to the FBI. “The proliferation of social networking websites has made gang activity more prevalent and lethal – moving gangs from the streets to cyberspace,” says the FBI.

Arming Your Human Resources Department

Much of the solution lies in ensuring Human Resources procedures are effective. Of course, background checks and screening procedures are vital but is there more to be done to detect a potential criminal trying to infiltrate your workforce? The first thing to keep in mind – you get what you pay for and being lax can cost you.

Local criminal checks are almost worthless; however, a full criminal screening can pay off. In addition, many applicants may have earned their GED in prison, with some digging, their history can be discovered.

Many companies cut corners and haphazardly follow procedures when screening applicants not realizing dealing with the aftermath can result in costing more when you compare it to properly vetting applicants the first time around.

Additionally, letting your applicants know you will be conducting a thorough background, previous employment, driving records, verifying degrees, criminal record check, and reference checks can also discourage many applicants from pursuing the position in the first place, which ultimately saves your company time and costs associated with the screening process.

What is important to consider is applying an effective screening procedure to contractors, consultants and temporary employees depending upon how much access they may be granted, as well as, the time they will be spending at your company.

Trusting a “temp agency” is conducting the appropriate background checks is a potential liability for your company.

Educating your employees on how to spot gang activity and how to handle it is crucial. Some companies have found having training sessions and employee meetings add to their success combatting gangs in the workplace.

Experts agree loyalty to gangs overrides loyalty to an employer. Even though they may try hard to blend in they may still slip occasionally and there are some recommendations or even subtle things to monitor.

  1. Does your employee reside in a known gang area?
  2. Is your employee responsible? Too much time on the phone or arrive late?
  3. Does your employee go by a nickname and have nicknames for friends?
  4. Do the clothes, colors or insignias stay consistent?
  5. Does your employee have visitors at work, friend or family?
  6. Have you noticed any graffiti in or around your workplace?
  7. Does your employee use verbal, hand or walking mannerisms that could be associated with gang activity?
  8. Is your employee on parole or probation?

Being a girlfriend of a gang member or being a current or former gang member is not against the law, but it could be a sign of other activity that could be detected if your HR department is cognizant of the many issues that face companies if infiltrated.

Using Private Investigators to Combat Gang Intrusion in the Workplace

Private investigators are a commonly used tool in the arsenal to combat “gang intrusion” along with malingering, theft or fraud in the workplace.

Along with surveillance and providing evidence, they can also evaluate your HR department’s policy and procedures through undercover placement or working along with the HR department to tighten up the reigns to reduce incidents of crime.

Many times, it is recommended to have a private investigator apply for employment without informing anyone in your company to best determine where weaknesses exist in the hiring process. Were all the references called? What questions were asked? Were the proper background checks completed?

It may be necessary to start at the beginning of the hiring process. In addition, private investigators can be placed in certain departments where there have been discrepancies identified to collect evidence admissible in a Court of law. It is an extra layer of protection when investigating activities at your company without violating privacy laws.

When a company suspects criminal activity, it is advantageous to hire a professional who will work with police if the legitimate criminal activity is, in fact, detected. Abuse of sick leave or malingering costs companies billions of dollars a year. This is enough to warrant the hiring of a private detective to legally document the behavior.

From filming a guy talking about starting his new business and hinting at using the employer’s database, to a meat manufacturing plant taking a cut of the supplier’s delivery, to the employee watching porn on the company computers, a private investigator can take the care needed to conduct an internal investigation legally, ultimately protecting your company and saving you a lot of money.

ARREST MADE IN MURDER OF NATALIE BOLLINGER

ARREST MADE IN MURDER OF NATALIE BOLLINGER

Natalie Bollinger found shot to death on December 29, 2017.

Natalie Bollinger found shot to death on December 29, 2017.

An arrest has been made in the murder of Natalie Bollinger, 19, who was found shot to death in a wooded area of Adams County, Colorado, on December 29, 2017, approximately 26 hours after she had been reported missing.

Joseph LopezJoseph Lopez, 22 was arraigned and formally charged on Wednesday, February 13, 2018. Lopez was charged with first degree murder after deliberation.

Lopez, a resident of Northglenn, Colorado, was arrested on the evening of the February 8, 2018 after an interview with Adams County Sheriff’s investigators. His claims regarding the alleged motive are described as shocking.

Investigators stated Lopez claims he did not see Bollinger die, changed his story to “she committed suicide”, then changed his story again, claiming she had solicited someone to kill her/help her commit suicide on Craigslist.

According to an arrest affidavit, Lopez told investigators he met Bollinger on December 28, 2017 after responding to a Craigslist ad entitled, “I Want to Put a Hit on Myself.” This ad was in the “Women Seeking Men” section of the online marketplace website. He claims he met Bollinger for the first time that day.

Bollinger news

Bollinger’s autopsy report states Bollinger died from a gunshot wound to her head, noting she had a lethal level of heroin in her blood. The medical examiner found fresh needle marks on her arms.

Bollinger police picAdams County Sheriff Michael McIntosh announced the arrest during a Friday news conference, referencing Lopez as the sole suspect advising, “Just because we have a suspect in custody, doesn’t mean the investigation is over.”