by admin_lauth | Apr 23, 2014 | Private Investigations News
Photo Courtesy of CIAT, Flickr
All over the country, immigrant workers spend hours harvesting the very fruits and vegetables that we put on our tables every day. However, many of these women face more than sore fingers and a blistering sun on the job. Verbal and sexual assault run rampant in the fields, and unfortunately the majority of these cases go unreported by the victims. When a report does come out, it often gets dismissed due to lack of evidence. Corporations in the agriculture industry that suspect sexual assault can hire a private investigator to conduct an internal investigation of the allegations.
Pressured by Power
In May of 2012, Human Rights Watch (HRW) released a 96-page report detailing the workplace abuse that farmworkers have faced and bringing to light the stories of those victims who had kept silent for so long. According to the report, women farmworkers are most often threatened by men who oversee them, and who are in positions of power. One particular worker was quoted in the report, stating:
“For me, it felt like an eternity. I wanted to scream but I couldn’t. Afterward, he said I should remember that it’s because of him that I have this job, and if I say anything, I’ll lose my job…. I was afraid to call the police, to do anything. I didn’t know what to do. My mind was completely blocked off.”
Nearly all of the workers interviewed by HRW reported being victims of sexual abuse at work or knowing of someone who had. Other victims shared similar stories, with supervisors bribing them with money or threatening to fire them if they spoke of the abuse. Although workplace sexual harassment appears to be commonplace in the fields, it is incredibly hard to pinpoint the amount. Many of these women do not have a choice and worry that they’ll lose the only source of income their family has. For some, sexual harassment has become part of the job.
A Growing Problem
Despite the efforts of organizations like Human Rights Watch and the Center for Investigative Reporting, the sexual harassment female farmworkers face still continues. Those who work in agriculture already face challenges such as low wages and long hours, so victims of abuse fall through the cracks. Thanks to these organizations and the women they spoke to, many more victims are coming forward. Even so, the allegations rarely result in justice, with most cases being dismissed or left up in the air. Farmworkers often do not have the funds to afford an attorney, and many of the cases lack physical evidence needed to convict the accused.
Consider the case of Evans Fruit Co., one of the largest suppliers of apples in the United States. A supervisor was accused of assaulting several women, including a 15 year-old girl. Both the victims and the supervisor had conflicting stories, but the company won the case in the end. In most cases such as this one, the alleged abuser is a repeat offender that won’t stop until he is caught.
Importance of Internal Investigations
Companies have begun to provide training on sexual assault to ensure that their workers understand their rights. However, many corporations hire farm labor contractors that oversee the hiring of workers and the harvesting of crops. The recent Supreme Court case Vance V. Ball State University has made it more difficult for employers to sue the supervisors that are abusing their employees. Many of these businesses are unaware of the abuse, thus tarnishing their image and resulting in a loss of employees.
Conducting an internal investigation of these allegations can help large companies weed out abusive employees and protect the innocent, as well as prove the legitimacy of these claims. Sexual harassment can be a difficult and emotional experience for everyone involved, which is why it is important to hire a professional investigator. Too often, these claims are not investigated deeply enough and as a result, seem to be unfounded. Thomas Lauth, CEO and founder of Lauth Investigations International, Inc., understands the importance of sexual harassment claims and the damage they cause to both the victims and the employers. The experienced private investigators at Lauth Investigations International, Inc. will work closely with your company in a thorough and professional manner.
by admin_lauth | Apr 7, 2014 | Private Investigations News
Photo courtesy of DES Daughter, Flickr
Considering a lawsuit? Waiting to collect a judgment? If so, it may be time to hire a licensed private investigator to conduct a corporate asset investigation. Corporations are viewed legally as a separate legal entity from their shareholders, and are considered as legal persons in the eyes of the law. Corporate litigation is also an expensive and lengthy process. Due to these circumstances, asset searches involving corporations require a specific type of investigation that only a licensed private investigator can provide.
Reasons for a Corporate Asset Search
Most investigations of a corporation’s assets occur in two stages: pre-trial and post-trial. A pre-trial search of assets can help clients determine if a lawsuit is worth pursuing. The cost of corporate litigation adds up, and if the opposing company won’t be able to pay a judgment, the lawsuit will end up costing much more than it is worth. Asset searches can also prevent a lawsuit from happening in the first place. Information on things like hidden bank accounts and past lawsuits has proven to be a valuable tool for negotiations. For corporate litigation totaling over 500k, an asset search is essential.
Conducting an asset investigation post-trial will uncover assets that a debtor is trying to conceal. People and companies who are forced to give up assets will often go through great lengths to hide them. Businesses have been known to move funds offshore and set up overseas bank accounts in an effort to hide their money, and some may misrepresent the amount and value of their assets. Debtors will also have assets that are protected under the Fair Debt Collections Practices Act, making it much harder to obtain a judgment. It can take up to ten years for a creditor to receive their judgment in full, and that’s not accounting for legal extensions. The creditor has a legal right to receive their judgment, but is often left to retrieve that money without the aid of the court.
Hiring a Private Investigator
Most corporate attorneys do not have the time or means to conduct a thorough pre-trial investigation of a company’s assets. In post-trial investigations, creditor rights attorneys will work together with private investigators to ensure that their client’s judgment is paid. They need information quickly and legally, which is something that a licensed corporate private investigator can provide. Intelligence on liquid assets can be hard to come by legally without the aid of a professional, and can take a long time to prove successful. A private eye will work together with an attorney to thoroughly investigate the following:
- Bank accounts
- UCC Filings
- Federal and state tax liens
- Real estate and mortgage information
- Bankruptcy
- Past judgments and lawsuits
- Affiliated companies
- Offshore assets
There are several ways in which a debtor will attempt to conceal assets, making an asset search necessary. Public records and internet searches will only turn up so much, and must be done so by legal means. Hiring an investigator who is experienced in corporate litigation will increase the likelihood that a creditor will receive their judgment in a timely manner.
Choosing the Right Investigator
Hiring a licensed private investigator is an essential part of a corporate asset search. With no less than 20 years of experience, Thomas Lauth and his team of investigators at Lauth Investigations International will work attorneys to ensure that the client’s needs are met. With three main locations in Indianapolis, IN, Denver, CO, and Miami, FL, our investigators are dedicated to providing national and global corporations with complex investigations.
by admin_lauth | Mar 21, 2014 | Tips & Facts
Photo courtesy of Wally Gobetz
The court has made a decision, but the most difficult part of a small claims case is far from over. Even if the court rules in a client’s favor, there is no guaranteeing that the judgment will be paid. Typically the court’s participation is done once the case is over and the creditor is on their own to retrieve their money. Attorneys have the option to hire a licensed private investigator to perform an asset search if their client is at risk of not receiving their full judgment.
Why is an Asset Search Necessary?
Although it’s beneficial to conduct pre-litigation investigation, this does not always happen. Post-litigation investigations can determine if the debtor will be able to pay up. There are several reasons as to why a creditor will not receive payment. In some cases the debtor might not have the funds available at the time or are filing for bankruptcy. However, some people will go great lengths to avoid paying in full. They may hide an asset in its entirety or be dishonest about the value of their property. Court-ordered examinations on assets often do not go deep enough. Typically, an exam will try to uncover information about things such as:
- Vehicles
- Employment Wages
- Property
- Bank Accounts
While not everyone will have all of these items, most people will have one or two. A bank account and employment wages are the most common. Since most people have some form of employment, wage garnishment is a popular method of collection. However, there are restrictions on how much one can take out based on income and state laws. Some states also have laws protecting certain property owned by debtors. Vehicles, private property, and personal items such as jewelry are most often protected. If a debtor is able to get an exemption for these types of assets, it can be even harder to obtain a judgment. As a result, it is essential that every possible asset is investigated.
Why Hire a Private Investigator?
As mentioned earlier, the court does not get too involved once a judgment has been made. Even though the creditor is legally entitled to their money, many will never see it. According to one judgment recovery provider, around 80% of judgments go unclaimed. Another important factor is time. As time passes, the likelihood of a creditor receiving their judgment decreases. In most states, the process of receiving a judgment can last up to ten years.
A private investigator will perform an in-depth search of assets that a court will not. Some may think that information on employment and bank accounts can simply be discovered online, but this is not true. In these situations, it’s important that a thorough due diligence investigation takes place by legal means.
Types of Services that Can Assist Attorneys in Due Diligence Asset Searches
Licensed private investigators can provide valuable assistance to attorneys and their clients. These services include locating the following:
- Current addresses, telephone numbers, relatives, and associates of subject for service.
- Residential and business property, deed and mortgage information, vehicles, boats, bank accounts, mobile homes, and aircraft.
- Employers, type of positions held, and information on location and dates of employment.
- Federal and state tax liens or judgments, bankruptcy, and UCC filings.
The recovery of these items does not always occur, and even if it does, it can take several years. In these situations, a qualified private investigator has the means and experience to legally conduct a thorough asset search and assist a client in receiving their judgment.
by admin_lauth | Mar 12, 2014 | Private Investigations News
Last Wednesday, a hearing was held regarding a new bill that would require Colorado private investigators to obtain a state license. The bill was approved 3-2 by the Democratic committee, and if passed, would make Colorado the 45th state that requires licensing for private investigators.
Currently, private investigators in Colorado only need a business license to operate. Senator Linda Newell, the bill’s strongest supporter, believes that regulation is necessary in order to protect consumers. There have been several documented cases across the country where unscrupulous individuals have used the guise of private investigator to access personal information. The type of information found can be anything from home addresses and social security numbers. Some victims have even been stalked by criminals who claimed to be a private investigator. The new bill would require potential investigators to undergo background checks and pass a jurisprudence exam. Different levels of licensing may also make their way into the bill. Conditions such as completing an undetermined minimum amount years of experience and undergoing training would allow individuals to receive a “Level II” license. These provisions wouldn’t cost extra and are meant to reward the private investigators that have spent several years in the field.
Despite these concerns, the bill faces strong opposition by those who believe it’s a way to eliminate solitary investigators. If the bill is passed, these investigators will be affected the most. Many private eyes are retired law enforcement officials who cannot afford to pay thousands of dollars a year to maintain a license. They would rather have the individuals who abuse the system punished instead of putting restrictions on everyone. Newell and other supporters feel that this isn’t enough, and are putting an emphasis on prevention rather than punishment. She maintains that the purpose of the bill is to protect both investigators and consumers.
In the past, Colorado lawmakers have tried to come up with ways to offer licenses to private eyes. There have been several attempts at making licenses mandatory, but all of these fell through. As a result, the Office of Private Investigator Voluntary Licensure was created in 2012. Right now, only 86 investigators operating in Colorado have earned a voluntary license. Deemed a failure by both sides, lawmakers agree that the voluntary license program needs to end, regardless of the outcome of the bill hearing. They relate the lack of interest in the program to the increase in the annual fees that licensed investigators are required to pay. Senator Newell took responsibility for the failed program, stating that this new bill is her way of fixing it.
In order to appeal to both sides, Newell has begun adding new amendments to the bill. Some of these may include allowing private investigators to join a firm that holds a license so that they wouldn’t be held to the same standards that the firm owners and solitary investigators must meet. Discussions on lowering the cost of licenses are also in the works to make them more attainable to qualified individuals. Although the bill has a few more hoops to jump through, the outcome is looking promising for its supporters.
by admin_lauth | Dec 20, 2013 | Private Investigations News
Some may call him a dinosaur in the field of private investigations. Others would refer to him as a mentor. One thing we would all agree on, Thomas Lauth, a twenty-year veteran PI and owner of Lauth Investigations International is one private investigator that stands out in the crowd. While I am not referring to “standing out” in a literal sense as good investigators are experts at blending in, enabling them to conduct their investigations. More so, I am referring to the individual many of us lucky enough not to be the target of one of Lauth’s investigations.
Lauth founded the Indianapolis based private investigation firm, Lauth Investigations International (LII), in 1995, expanding over the years with offices in Miami, Florida and Boulder, Colorado. With a team of private investigators, Lauth specializes in investigations for attorney, corporations, and private individuals throughout the country. In fact, many investigations have even taken Lauth overseas to work on international investigations.
While some of us may conjure visions of James Bond espionage spy adventures when thinking about the life of a private investigator, reality is, some investigations have taken Lauth to the seedy and very dangerous underground worlds of art thieves, pimps, and child sex slavery to the corporate ladder of fraud and embezzlement. The high-life it is not, with long hours, a private eye must be dedicated and exercise perseverance to solve a case, not to mention, maybe a little bit of a glutton for punishment.
Lauth received a B.A. in Political Science at Indiana State University and went on to receive extensive law enforcement training and continuing legal education to include criminal defense and death penalty cases, forensic pathology, missing person investigations, death investigations, human trafficking, child abduction, evidentiary and various crime scene methods. No mistake, Lauth has a yearning for learning but this quality has certainly contributed to making him a knowledgeable, top-notch private investigator.
Early in Lauth’s career, he became Senior Criminal Investigator for the Marion County Public Defender Agency, representing indigent defendants conducting comprehensive criminal investigations. Lauth went on to pursue his dream of becoming a Sherlock Homes of sorts, and continues to work cooperatively with local, state and federal law enforcement to include INTERPOL, the FBI, the U.S. State Department and foreign embassies while pursuing leads in investigations. Lauth also serves as a Referral Investigator for attorneys, defendants, insurance companies, and the public. Lauth has had an impressive career indeed.
I met Lauth nearly twenty years ago while CEO of the Nation’s Missing Children Organization and National Center for Missing Adults (NCMA), from 1994-2010. Our initial meeting was at a two-day conference in San Diego presented by the U.S. Department of Justice, Office of Juvenile Delinquency and Prevention (OJJDP), with nonprofit agencies and advocates for missing children throughout the country in attendance. Following the first day of training, about nine of us decided to drive to get a bite to eat and socialize. I just happened to be driving a Chevy Suburban and a quick show of hands it was decided that everyone would drive in my vehicle. I will never forget Tom offering to sit in the very back of the Suburban with his rollerblades in tow. That would be the beginning of many years of working with a respected colleague but also an individual I consider a good friend.
During my tenure at NCMA, Tom provided hundreds of families of missing persons with pro bono and reduced cost services they would not have received otherwise and lessened the frustration for families when cases would stall or go cold. Over the years, those of us at NCMA shed some tears of sorrow but also celebrated many reunifications of missing persons and their families, and it could not have occurred without Tom’s help. For that, we are forever grateful.
Moving forward two decades, Tom continues to work on missing person cases and has sponsored the Missing Person Advocacy Network (MPAN) providing a website where the stories of missing persons can continue to be told in an effort to raise awareness for missing persons.
In the last several years, I have had the opportunity to learn more about private investigation techniques alongside an individual who I consider a mentor. During Lauth’s most recent visit to Phoenix, he informed me that I would have to attend a Bikram Yoga class as part of my educational experience. Of course, I agreed but had no idea that I would be in a room heated to 105 degrees for 90 minutes attempting to contort myself into a series of 26 postures while glancing over at Tom who did not appear to break a sweat and could have been teaching the class. An experience I will never forget as two senior women applauded that I endured the pain and completed the 90-minute class.
Why am I telling the country about Bikram Yoga classes and rollerblades? Well, a prehistoric dinosaur in the field of private investigations, Tom is not. Tom competes in obstacle course races throughout the country, Spartan and daily trail runs. Married to Rain Lauth, who is the Director of Operations at LII, both are focused on maintaining a family atmosphere at LII, despite their incredible growth in the last couple of years.
To take their vision one-step further, Tom and Rain created the Unclaimed Assets Division of LII. Many might be surprised that there is as much as $58 billion in unclaimed assets held indefinitely by state government. By law, every state in the U.S. must protect and hold unclaimed assets until the rightful owner or heir is located. Unclaimed assets can include checking or savings accounts, safe deposit boxes, utility deposits, insurance policies, stocks, trust distributions and more. The problem is, governmental agencies do not have the resources available to effectively and efficiently locate rightful owners, as reflected by the billions that sit idle.
Two years ago, Tom and Rain began to focus on how they could utilize their investigative experience to benefit the community and created a new mission at LII, that of “rightfully returning assets to owners and their heirs”. In two years, Lauth’s team has returned over $30 million dollars to rightful owners. The successes and letter of gratitude from those they have helped has not been without sweat, tears, and trial and error but they never abandoned their mission.
As a business leader and private investigator, this is why Tom stands out in the crowd. Tom believes that success in business is not only making a profit but also setting an example and fulfilling a commitment to supporting one’s community. By Focusing on unclaimed assets as an area of service that benefits the public while still enabling LII to grow and profit.
As a long-time colleague of Tom’s, I have observed a young private sleuth become a responsible businessman and community leader, I may not take a Bikram Yoga class again, but it is my honor to tell Tom’s story of success.
