by admin_lauth | Jul 13, 2016 | News
Computer forensics remains a growing field in private investigations. Sometimes referred to as computer forensic science, private investigators specialized in computer forensics, may be hired by private individuals and major corporations to securely collect data, examining and preserving the contents of the computer, cellular or storage device, and assist with investigations from pornography detection to corporate espionage. Law enforcement detectives and private investigators are a very specialized group of professionals with the ability to recover, analyze, and present their findings and opinions in a court of law. Many serve as expert witnesses in court trials.
Considered a branch of digital forensic science, the search of computers and other devices commonly refers to legal evidence presented in a court of law. There is a wide range of serious computer crimes that have emerged since the early 1980s such as fraud, the exchange of child pornography, cyber-stalking and more recently ‘hacking’ that created the necessity for this specialized group of detectives.
Forensic science used in computer investigations in civil proceedings is now termed ‘electronic discovery’ and is another form of information gathering. Through use of computer forensics, information referred to as ‘digital artifacts,’ such as an electronic document, email, and images are is gathered, identified, preserved, extracted, analyzed, documented and then interpreted using forensic methodology.
One of the most famous cases in history solved by the use of computer forensics was the feared “BTK Killer’ in Wichita, Kansas. From 1974 until 1991, a string of murders had occurred that cost millions and thousands of police man-hours to investigate but remained unsolved for over thirty years.
The investigation into the murders of four members of the Otero family began on January 15, 1974. Joseph Otero Jr., 38, his wife Julie, 34 and their two children, Josie, 11, and Joey, 9, were found murdered inside their home. The couple had three other children that were not home at the time of the homicides.
Police did not know it at the time but Dennis Rader, who claims he had been depressed after a lay-off at work, began searching for his first of ten victims. He spotted Julie and her daughter, Josie and followed them to school one morning. Raider regularly had thoughts of sexual bondage and approximately two months later, he decided to act upon his twisted thoughts with the intention of fulfilling his sexual fantasies by attacking the mother and young daughter.
With his parka filled with weapons and bindings, he headed to the Otero home and cut the phone lives before entering. Rader had not planned on the father or son being home when he entered the Otero residence so he ordered all to lie on the floor at gunpoint. He placed plastic bag over Joseph’s head killing the father first, and proceeded to strangle Julie with a rope in front of her children. Next, Rader sat in a chair and watched on as little Joey thrashed around while he slowly suffocated to death.
Josie he took to the basement where he already had a rope hanging from the ceiling where he hung the little girl, her little toes barely touching the floor. Julie’s body was found hanging from a noose tied to a sewer pipe with panties pulled down and semen traces on her body. Her siblings, Carmen, 13, and Charlie, 15, were the ones to discover their parents and younger brother and sisters bodies.
Three months later, Rader attacked a brother and sister, Kathryn Bright, 21, and her younger brother Kevin, 19, in their home. While forcing Kevin to tie up his sister, both put up a fight and Rader shot Kevin two times with a .22 caliber, once in the head. Rader then attempted to strangle Kathryn but ended up stabbing her with a knife and left her for dead. Departing the residence, Rader saw Kevin fleeing, running down the street. Kevin was the only one of Rader’s victims known to survive.
Over the next fifteen years, Rader killed five more victims. During this time, Rader also taunted investigators with notes, poems, puzzles, and pictures; even naming himself ‘BTK’ for Bind, Torture, Kill. Then ten years went by with no communication until police received a 3.5 floppy disk with a Word document in 2004.
Computer forensics broke the case. Investigators were able to find a document on the disk that had been deleted but contained metadata indicating someone by the name of Dennis at Christ Lutheran Church has modified the document. Looking on the church website police quickly found Dennis Rader served as president of the church council. After thirty years, it only took forensic computer investigators a couple hours to break the base.
Thomas Lauth, private investigator and owner of Lauth Investigations, with headquarters in Indianapolis, IN also has offices in Colorado and Arizona. An experienced private detective, he has spent years working all kinds of investigations but credits computer forensics as one of the most effective ways to delve into a person’s activities, even if the individual has gone to great lengths to cover their tracks. “Spending twenty years as a PI, I have seen incredible advancements in technology and computer forensics allowing police and those of us working in private investigations solve more and more crimes,”says Lauth. “Using computer forensics, we are able to examine computers, cell phones, web chats, and various other Internet activities contributing to helping solve everything from missing person case to corporate fraud and forgery.”
About the Author: Kym L. Pasqualini is founder of the Nation’s Missing Children Organization in 1994 and the National Center for Missing Adults in 2000. Kym is an expert in the field of missing persons and continues to advocate for crime victims utilizing 20 years’ experience working with government officials, law enforcement, advocates, private investigators, and national media.
by admin_lauth | Jul 13, 2016 | News
Due to blockbuster movies, books and television shows people may have a notion that private investigators sit in their smoke filled offices smoking a pipe while hired by some jilted homemaker to follow around her cheating husband. While investigators do follow cheating spouses, the world of private investigation has expanded beyond our wildest dreams with use of new methods of investigation and ever enhanced technology. Private investigators have existed for over 150 years. In 1850, Allan Pinkerton founded Pinkerton National Detective Agency in France. Eventually it became the most recognized private investigation firm in the United States, even coining the term private eye.
Private investigators of today are creative and masterful in their investigative techniques whether investigating a murder, searching for a missing person, tracking down art thieves, corporate investigations that can include everything from employee background checks to financial and insurance fraud. In essence, the private detectives of today are responsible for ensuring the quality of the workforce today. They can provide clients with background information about a person or corporation.
Instead of smoking a pipe and lurking in the shadows, the private detective of today may be a master at Yoga, sipping on green tea while sitting in his vehicle providing surveillance on a Fortune 500 company employee suspected of embezzlement. Similar to sworn officers, many private investigators are experts in their fields as well as track down witnesses in a homicide case to unearth new information in order to provide a family with justice. They may be infiltrating the child sex trafficking rings to rescue children or making a buy of stolen jewelry from an international crime ring.
Not always the most glamorous job, but the investigators of today possess skills that make them masters in their trade. Gathering and analyzing information, private investigators know where to go to obtain the most up to date and accurate information on subjects of interest. Their findings and expert testimony can make or break a court case. Whether they are on a fact finding mission, verifying an identity, generating new leads on a cold case, tailing a person of interest with GPS, or taking baby diapers out of trashcans to obtain DNA for the subject of a paternity test the new age private eyes are masters of their universe.
About the Author: Kym L. Pasqualini is founder of the Nationals Missing Children Organization in 1994 and the National Center for Missing Adults in 2000. Kym is an expert in the field of missing persons and continues to advocate for crime victims utilizing 20 years’ experience working with government officials, law enforcement, advocates, private investigators, and national media.
by admin_lauth | Jul 13, 2016 | News
Any time you hire an individual or company to provide a service whether it may be a simple home repair or as important as hiring someone to watch your children it is always a good idea to check the background of the business or individual you may be contemplating on hiring. This is also recommended as a good rule of thumb to also investigate the investigator when hiring a firm to assist you in any private investigation.
Commonly private investigators assist companies, individuals and attorneys with services that can identify, locate, analyze and verify information about personal, financial or legal matters. From providing employment verification to investigating identity theft, harassment and infidelity, private investigators also perform surveillance and conduct interviews when assisting attorneys in case preparation of civil and criminal cases.
Private investigators play an important role in ensuring facts are documented and presented in a legal manner acceptable by courts throughout the country.
Taking into consideration Federal and State Laws privacy laws, working with a licensed private investigator or firm is the first step to make certain that information and the manner it is obtained is legal, accurate and admissible in court. Many times private investigators must make judgment calls and it is vital that you are working with individuals of the highest integrity.
Most private investigators have worked in the criminal justice field and some even former law enforcement. Despite credentials, it is important to verify the individual or firm you are working with is also licensed to carry out the work to be performed. Though not every state requires a private investigator to be licensed, doing some of your own footwork can ensure you are protected and even save you time and money.
For states that do require private investigators to be licensed, most require the investigator to be over the age of eighteen, a combination of education or work experience in the field of criminal justice. They must also pass a criminal history background check. For those who carry firearms, they must meet additional requirements. To verify the license of a private investigator or firm contact your state licensing entity.
About the Author: Kym L. Pasqualini is founder of the Nation’s Missing Children Organization in 1994 and the National Center for Missing Adults in 2000. Kym is an expert in the field of missing persons and continues to advocate for crime victims utilizing 20 years’ experience working with government officials, law enforcement, advocates, private investigators, and national media.
by admin_lauth | Jul 13, 2016 | News
When considering the welfare of the children, courts must be informed in order to rule on decisions to determine custody and parenting time. The court’s decision must be based upon credible information submitted to the court; to include interviews and potential testimony of litigants and witnesses.
Typically when thinking of custody we may immediately think “divorce” but there are many circumstances that may warrant representation when taking children’s lives into consideration.
- Legal separation or divorce
- Parental Death
- Parental Incompetence
- Domestic or sexual abuse allegations
- Paternity
- Third party care
- Child protection services involvement
- Juvenile Delinquency
Basic Definitions of Custody and Parenting Time
- Legal Custody is defined as the individual who has the right to make decisions on behalf of the child, including the child’s education, medical care, and even religious preference.
- Physical Custody is defined as the individual who makes decisions in regard to where the child lives and the child’s daily activities.
- Sole Custody is when an individual is the primary custodian and decision- maker in every aspect of the child’s life.
- Joint Legal Custody is defined as a situation where both parents/custodians share in the decision-making for how a child is raised, educated, receives health care and religious preference.
- Joint Physical Custody refers to the responsibility of the daily care and living arrangement being shared and handled in agreement with both parents/custodians.
- Parenting Time is commonly referred to as ‘visitation’ granted to noncustodial parent/custodian and usually by court order.
Grandparent’s Rights
Increasing numbers of grandparents are denied visitation to their grandchildren following a divorce. In response, laws have been passed in every state giving grandparents the right to petition the court for visitation in the event of divorce, parental incompetence or parental death. Grandparents may be granted visitation and at times even custody dependent upon the circumstances, if they can prove they share a substantial relationship with the child.
The Visitation Rights Enforcement Act of 1998, improved uniform visitation laws state by state, provisioning grandparent visitation. The law assured grandparents can visit grandchildren anywhere in the United States as long as they have been awarded visitation rights in one state. In a 2000 landmark case Troxel v. Granville the United States Supreme Court ruled in favor of the state of Washington permitting grandparents visitation rights over the objection of the mother. The Supreme Court ruled ‘fit parents have the fundamental right to make decisions concerning care, custody and control’ of their children.
Justice Sandra Day O’Connor, representing the majority stated, “So long as a parent adequately cares for his or her children, there will normally be no reason for the state to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent’s children.” Basically this decision supports in most cases the custodial parents can alone determine visitation for their children.
In any case though, states can grant visitation rights to grandparents. It has encouraged grandparents to attempt to get along and build a supportive relationship with the custodial parent for the benefit of the child.
Child Support and Deadbeat Parent Investigations
Private investigation firms can also assist parents when attempting to enforce a child support order by locating the subject and verify employment, asset searches, and even document if the subject is working off the books by following the individual and document any work activities. This information can be presented to the court to expedite enforcement.
“Whether an individual is concerned for the safety of their children in another custodian’s care or attempting to enforce an order of the court, private investigators can be an invaluable tool in the successful conclusion of a dispute,” says Thomas Lauth, owner of Lauth Investigations International, headquartered in Indianapolics IN. “Hiring a private investigator is even cost-effective when evaluating hiring an attorney to represent the case. After all, utilizing any legal means to ensure the proper care of children is recommended and its value cannot be underestimated.”
Custody Evaluations
Commonly during custody disputes, the court will order a ‘custody evaluation’ that can include an assessment of the child’s emotional, physical, psychological well-being, even who the child prefers to live with. If siblings are involved they heavily consider the benefits of keeping them together and examine the bond the child has with the prospective custodial parent. These evaluations are vital to the decision-making process to make an informed decision consistent with the well-being of the child.
In addition, prospective custodians are also evaluated to include evaluating moral character and psychological stability, financial condition, potential substance abuse, willingness to provide personal care rather than relying on third-parties (relatives, grandparents or friends), if a step-parent may be involved in the care of a child, any suspected abuse or previous allegations of domestics or sexual abuse and many other factors that may be deemed important and could affect a child’s well-being.
When a Private Investigator Can Help Courts Make Informed Decisions
A licensed private investigator can be a vital tool before, during or even after a custody evaluation is conducted. In a case where one parent is concerned for the child’s safety while in the care of the other parent, a private investigator has the ability to document information and behavior of the other party; while in another circumstance a the court may decide custody against one party and information that can be obtained can show just cause for reevaluation. A private investigator can provide organized information on behalf of the client that can be used and admissible in court decisions.
Methods and Information That Can Be Obtained
A private investigator can obtain evidence regarding financial stability, emotional stability, criminal history and any aliases, residential history (moving many times disrupting child’s stability), activity with associates, leaving children unattended, taking the child to a third party while staying at boyfriend/girlfriend’s or excessive partying; any contradictions in information provided to a court evaluator. When contradictions surface it has the potential to discredit the other party.
Private investigators can follow a subject during scheduled visitation times to determine any improper activity or neglect while the child is in their care. They can also follow the subject during their off-time without the child and document daily activities, living conditions, lifestyles, and persons they are associating with.
Private investigators can also conduct interviews with acquaintances and other family members familiar with the behavior of the subject, conduct video and photographic surveillance of the subjects activities, places they frequent, dropping off the children with third parties, conduct background investigations on acquaintances and visitors by obtaining license plate numbers of vehicles that frequent the subject’s residence. Associations can be quite revealing when attempting to validate concerns for a child’s safety.
Trash pulls – When trash container is placed curbside on a trash pickup day it then becomes public property and private investigators are able to obtain and inventory items such as prescription bottles, empty alcohol containers, contraband refuse and paraphernalia related to substance abuse, pornography, financial purchases and transactions are just a few examples of evidence that can be used to present to the court and discredit another party.
Comprehensive Background Investigations Can Include the Following:
- True Name
- Aliases
- True Social Security Number
- Of Birth
- Previous 7 Year Residence Verification
- Previous 7 Year Employer Verification
- Previous 7 Year Criminal History
- Previous 7 Year Civil History
- Driving Record
- Professional License Verification
- Tax Liens
- Education
- Siblings
- Bankruptcies
- Media Confirmation
- Intensive Internet/Multi Search Engine Investigation
- Police Incident and Case History Report
- Verification of Subject’s Personal Conversational Declarations/Comments/Claims
- Background investigations
- Criminal history check
- Civil background check
- Judgment or property liens
- Bankruptcy
- Background checks of associates
Licensed private investigators are able to present findings that can be admissible in court and are also qualified to testify in court on behalf of their client.
About the Author: Kym L. Pasqualini is founder of the Nation’s Missing Children Organization in 1994 and the National Center for Missing Adults in 2000. Kym is an expert in the field of missing persons and continues to advocate for crime victims utilizing 20 years’ experience working with government officials, law enforcement, advocates, private investigators, and national media.
by admin_lauth | Jul 13, 2016 | News
How Corporate Due Diligence Investigations, Asset Searches, and Litigation Support Can Protect Your Company
Our Indianapolis Private Investigators at Lauth Investigations International work with national and global corporations and their corporate attorneys to provide a variety of investigative services. Our Indiana corporate investigators specialize in performing comprehensive due diligence investigations, corporate background screening, validation of assertions and representations, employee infidelity, asset searches, embezzlement and fraud investigations, and other complex internal investigations. At Lauth Investigations, our corporate investigative team works to provide comprehensive investigative services that help corporate officers assess risks and liability to strengthen internal controls, along with litigation support.
Corporate Veil
Unlike the structure of typical small businesses or a limited liability companies (LLC), corporate structures vary and created under the laws of a state to establish the corporation as a separate entity of its Board of Directors. Various forms of corporations exist and the actions of the corporate officers governed by the bylaws of the entity.
Generally accepted by law, corporations have responsibilities similar to that of an individual. Corporations can exercise rights against other individuals and entities, and the corporation held responsible for violations and criminal offenses, such as fraud.
Though not universal throughout the United States, one aspect of an incorporated entity is the “corporate veil” or limited liability protection in the event that a corporation fails. The term “corporate personhood” allows a corporation to exercise the same rights as an individual and in some states, provides limited liability to shareholders removing personal liability and insulating them from criminal liability, bankruptcy, corporate debt, and judgments against the corporation.
Corporate Litigation Support
Corporate litigation is a complex area of law that can include a variety of tort and contractual claims, such as breach of contract, misrepresentation of assets, fraud, trade secrets, worker’s compensation, infringement of intellectual property, and breach of fiduciary duties to name a few.
Lauth Investigations Litigation Support focuses on helping our clients resolve business disputes with the most comprehensive investigative and litigation support. Our litigation support investigators help uncover information and verify facts that will assist with pre-trial preparation, discovery, trial, and post-trial.
Corporate Disputes and Legal Considerations
- Employment Law Disputes
- Corporate Contract Negotiation
- Breach of Contract and General Contract Disputes
- Payment Disputes
- Non-Compete Agreements
- Property sell and purchasing
- Mergers and Acquisitions
- Commercial Leasing Disputes
- Insurance Disputes
- Employee Fraud/Embezzlement
- Corporate Partnership Disputes
- Business Torts
Why Companies in Litigation Over 500K Should Conduct Asset Searches
When facing corporate litigation in excess of $500K, the decision makers of the corporation must take into consideration the cost of legal representation and other potential liability. If the defendant has assets, an evaluation of those assets, along with deliberating litigation costs are worthwhile.
A comprehensive asset search can quickly identify and locate a property that can be attached to satisfy a judgment or be used as a powerful negotiation tool between the parties prior to ever initiating a lawsuit.
Indianapolis private investigator Thomas Lauth, the owner of Lauth Investigations, recommends any corporation weighing the pros and cons of pursuing litigation that may result in a judgment in excess of $500K, should first have an all-inclusive asset search conducted to determine if a judgment can be collected.
Private investigators and investigative firms have the capability of assisting a corporation prior to initiating litigation by reviewing financial records, trace and discover fiscal misrepresentations, confirm accurate financial information and locate hidden assets enabling corporate representatives to make an informed decision whether to pursue litigation. If litigation is pursued, it becomes paramount to ensure the information collected is comprehensive and presented in an understandable and simplified form that will be admissible in court.
The Role of In-House Corporate Attorneys
Corporate lawyers typically have experience and knowledge in licensing, contract and tax law, corporate structure, zoning, security law, accounting, intellectual rights, bankruptcy and any other laws specific to the companies they represent.
An in-house corporate attorney advises corporations on the entity’s legal rights, duties, and responsibilities of the corporate officers, along with providing legal oversight on all commercial transactions and contracts.
Corporate attorneys act more as facilitators and negotiators in the role of corporate transactions, reviewing and drafting documents, structuring deals and attending meetings. A corporate attorney’s duties can vary from acting in an advisory capacity to negotiating corporate mergers and acquisitions.
The Role of an Outside Civil Litigation Attorney
An in-house corporate attorney, who primarily acts in an advisory and negotiation capacity, may determine that civil litigation is the only way to remedy a dispute.
A civil attorney deals specifically with disputes between corporations and /or individuals and is a branch of law focused on representing those whose compensation may be awarded. Civil litigation typically focuses on contracts, torts, and other disputes as mentioned above.
Civil law differs from other types of law and designed to ensure agreements and settle disputes are honored; in essence, to ‘right a wrong’ and ensure the victim is compensated.
In any type of case it is important for a corporation or attorney to conduct due diligence on the potential defendant before expending money and time in pursuing a claim that may never be repaid because the defendant has no assets, has minimized or successfully hidden assets.
The Role of Creditor Rights Attorney
Creditor Rights Attorneys represent creditors who are attempting to collect money borrowed and loans not repaid. Normally, the Fair Collections Practices Act protects debtors, yet it is still necessary for the creditor to make every attempt to obtain a judgment requiring the debtor to repay the loan. Debt falls into two categories; secured and unsecured.
Secured debt is a loan secured with collateral, meaning some type of property to ensure repayment, should the debtor fail to make payments. An unsecured loan is debt that has no property or collateral to secure the loan, therefore if the debtor defaults and the creditor must take alternative measures to collect the amounts owed.
Any repossession of secured personal property must follow State Uniform Commercial Code (UCC). Creditor Rights Attorneys assist creditors with creditor litigation, liens, domestic and foreign judgments, garnishments, and collection services.
Types of Services That Can Assist Corporations and Attorneys in Due Diligence Asset Searches
Asset search companies and licensed private investigative firms that specialize in providing comprehensive asset searches can provide invaluable assistance to attorneys and corporations such as financial institutions, debt recovery units, government agencies, and private individuals in recovering assets.
Corporate Summaries identify corporate EIN, DUNS, estimated sales, and income; to include the number of employees, operating locations, employee profiles and structure of the potential target corporation.
- Identify names of officers, directors, and management teams of potential target corporations.
- Identify potential target corporation’s clientele, nature of business and volume of business with each clientele.
- Identify potential target corporation’s vendors, suppliers, logistics and financial institutions.
- Credit and payment analysis for 12-36 months; this includes creditors and debt amounts.
- A search of court records.
- Identify all physical locations of the potential target corporation, tangible assets, and on-site physical confirmation of assets such as machinery and equipment.
- Analyze annual production capacity.
- Identify financial institutions, brokerage firms, and offshore assets.
- Domain names, website traffic and domain’s estimated value.
About the Author: Kym L. Pasqualini is the founder of the Nation’s Missing Children Organization in 1994 and the National Center for Missing Adults in 2000. Kym is a consultant and expert in the field of missing persons and continues to advocate for crime victims utilizing 20 years’ experience working with government officials, law enforcement, advocates, private investigators, and national media.
