by admin_lauth | Jan 4, 2013 | Private Investigations News, Tips & Facts
Life can suddenly change and you may find yourself facing a divorce, child custody dispute, cheating spouse, civil or criminal litigation. When life takes a sudden turn, it helps to kick a plan into action as soon as possible. The need for a private investigator arises, when we face the need to collect information that will be pertinent to the outcome of a case or verify information provided. Information must be collected professionally, efficiently, and within the boundaries of state and federal law and requires hiring a licensed private investigator, also commonly referred to as a private detective, private eye or PI. When hiring a private investigator it pays to know whom you are hiring.
Most every state in the U.S. requires an individual to complete a background check and obtain a license to be a private investigator but, in the few states where licensing is not required by the state, anyone can become a private investigator. Working with an inexperienced investigator can create significant liability to a client. Considering this, it is very important for a person to do their homework when hiring an investigator so you get the quality services they are paying for.
Private investigators offer an array of specialized services from background investigations, surveillance, computer forensics, and process of legal service, missing person and homicide investigations, criminal defense investigations and many more, while others specialize in a specific service. Regardless of the type of investigation, it is vital that an investigator be knowledgeable and compliant with state and federal laws that pertain to privacy, legal statutes in relation to medical and financial information, proper surveillance techniques, court procedure, and even victim’s rights.
A multitude of fee-based and free networks or associations are available on the Internet providing names of private investigators and private investigation agencies from state to state. These networks provide assistance in locating a private investigator specific to the service needed or in close proximity to the client, however these networks are not a regulatory agency, and many have no background information on the private investigator. While network services are beneficial and do simplify the search for a private investigator, sometimes network services can pose a problem when a client assumes they are hiring a reputable private investigator. Many networks do not provide investigative services themselves and simply serve as an advertising service not liable for the actions or quality of services provided by those listed. Many networks are simply a marketing tool that only require the private investigator or firm to pay a monthly fee to be listed, and do not verify the private investigator’s “good-standing” with any state regulatory agency.
Due Diligence when hiring a local private investigator:
- Request a copy of licensing information and any associations the private investigator is a member.
- Request a specific list of services the investigator or agency provides.
- Contact your Better Business Bureau and state regulatory agency and inquire if there are any complaints on file.
- Ask if they subcontract work out to independent investigators.
- Request professional references from the investigator; references can include former clients, associates, and even law enforcement personnel.
- Ask to review investigative contracts and retainer agreements. Remember, a written contract protects both the client and the private investigator and identifies the terms of the agreement while minimizing misunderstandings and liability.
Hiring a local private investigator enables the client to have a “one on one” consultation in order to discuss the case, discuss work to be performed, review documents, and verify references. Another major benefit of hiring a local private investigator is the investigators knowledge of the area and critical to conducting an effective investigation.
Having connections is an absolute benefit to any investigation. Knowing the neighborhood, local companies, business owners, residents, and “those in the know” cannot be overstated. Obtaining information from a “trusted source” and gathering information in a discreet manner is more dependable if the investigator is familiar with the demographic and geographic makeup of the area. In addition, it is an assurance a client will receive more personalized service.
Thomas Lauth is a 20-year veteran investigator and owner of Lauth Investigations International headquartered in Indianapolis, IN with additional offices in Colorado and Arizona. Lauth has and his team of investigators has provided investigative services that include skip traces, background checks, private and corporate investigations, criminal defense investigations for the state of Indianapolis, child abuse, sex trafficking, and even high profile missing person investigations.
According to Lauth, the benefits of hiring a “homegrown” private investigation firm are immeasurable. “Most investigations and preparation for litigation creates an emotional environment for those involved,” says Lauth. “As licensed private investigators, it important to be dedicated and it is our duty to represent our clients with the utmost integrity and moral conduct so as not to add to emotional injury.”
Author – Kym L. Pasqualini
Founder, National Center for Missing Adults
Lauth Investigations International, Inc.
201 N. Illinois St., 16th Fl.-South Tower
Indianapolis, IN 46204
Please contact Indianapolis Private Investigator, Thomas Lauth, for any investigations needed at 800.889.3463 or visit www.lauthinveststg.wpengine.com
by admin_lauth | Apr 6, 2011 | Private Investigations News
By Janesara Fugal (AFP) – 2 days ago
BANGKOK — Amnuaiporn Maneewan imparts the wisdom of her more than 15 years working as a private detective in Thailand: “The only man you can trust is a dead one.
“If they’re still alive, still breathing, then you can’t trust them,” she says.
With her James Bond-inspired gadgets including spy cameras and tapping devices, Amnuaiporn specialises in digging up evidence to expose cheating spouses for a law firm in Bangkok.
The 42-year-old has become a master at tailing the unfaithful, catching them in compromising situations with the use of tiny cameras and recording equipment hidden in pens, car keys, buttonholes and even calculators.
Her work has made her a minor celebrity in Thailand, where having a “mia noi” or “little wife” on the side of a marriage is seen almost as a right by some.
This “mistress detective” said there are more and more extra-curricular affairs in the country.
“It’s just increasing the whole time; it’s not slowing down at all. Now, they don’t just have one mistress, they have two or three mistresses,” Amnuaiporn said.
“It’s like a fashion. It’s normal. No man leaves the house without a mistress.”
Unsurprisingly then, business has never been better.
Three or four new clients, mostly women between the ages of 20 and 60, contact her every day.
Government officials are apparently particularly likely to have mistresses, traditionally exploiting their positions to net minor wives.
“They have their status, they have power, they have money. It’s quite easy for them to pay for another woman,” said Ronnachai Kongsakol, psychiatry professor at Ramathibodi hospital in Bangkok.
His research on extramarital affairs by officials suggests that opportunity, intimacy and sympathy are the main motives for men to seek mistresses.
But it’s not just Thai men who are tempted to stray.
Amnuaiporn estimates that three out of 10 calls are now from suspicious husbands.
Tales of infidelity abound in Thai society.
Panaa had been living with her partner for seven years when she found out he was secretly seeing another woman.
She tracked down the suspected mistress and confronted her, only to be faced with a surprising revelation.
Her rival produced a marriage certificate that proved she was actually married to Panaa’s partner — meaning Panaa was the mistress.
“I was shocked as I never thought that I would be the mistress. I never had any idea. I thought I was morally superior but it turned out I wasn’t at all,” said Panaa, whose asked that her real name be withheld.
While she did not need a detective to reveal the scandal, many people do seek help to find the truth.
“If there was no one like me, these people would have to suffer for a long time. Me, my job, helps people to open their eyes. I let them see the truth,” said Amnuaiporn.
Her job has got her noticed in Thailand where her good looks, chatty demeanor and anecdotes of sordid transgressions have been lapped up on television and in print.
She has even produced her own book — “The Private Eye: They ask me to investigate adultery” — which is billed as the first in-depth account of the work of a female private detective.
Featuring images of her in various disguises she uses for work — including a native American Indian outfit complete with feathered headdress — the book includes true stories from her years tracking the unfaithful.
In one instance she was hired by a wealthy man who suspected his wife was straying.
When he pretended to go on a business trip, his wife lost no time in meeting a man and going with him to a “short stay hotel”, with Amnuaiporn and the husband in hot pursuit.
He banged on the door of the illicit couple’s room and confronted the wife’s lover, who claimed to be alone.
After a search of several nearby rooms, Amnuaiporn and the husband found the wife stuck to the wall of an adjoining balcony “like a gecko”.
The book also reveals basic tips on how to tell whether your partner is about to stray, such as a sudden upturn in their grooming and unexpected business trips to other parts of the country.
While Amnuaiporn’s career has brought her renown and excitement, her constant exposure to infidelity has given her little desire to settle down.
“I am afraid that I will face the same problems I’ve seen. I think it’s good to stay single,” she said.
Copyright © 2011 AFP. All rights reserved.
by admin_lauth | Mar 24, 2011 | Tips & Facts
Private Investigator, Lauth Investigations can assist with trademark infringement investigation.
Trademarks, also called service marks, are a form of intellectual property. Companies who have developed an idea, product, or design are granted rights to their trademark. Trademark infringement occurs when another company uses the same or similar trademark as another company. Sometimes these duplicates will be exactly the same or they may be subtle. Trademarks must be maintained actively; if not, forfeiture of the trademark will occur which gives copy cats a chance to use the mark legally. However, there is typically a 3-5 year period of nonuse of the trademark before it becomes void. Trademark infringement is becoming more popular, and it is easier to accomplish now that the internet is so widely used. China, Thailand, Africa, and part of the Middle East are known to use trademark infringement on counterfeit goods, and China and Russia are known to ignore trademark laws. It is important to use a private investigator with business law knowledge if you suspect you are a victim of trademark infringement since this is a complicated problem that spans globally. Trademark investigations are performed by specialists or private investigators that have knowledge in business law. Trademark infringement is a crime, and criminal actions and civil litigation can be taken against those who steal the intellectual property of someone else.
(1) Trademark Infringement Trends
While humans have always stolen ideas from others, the new age of trademark infringement started with movies and movies. With the internet, users are able to download pirated material also known as, “bootleg,” versions. Additionally, the internet allows users to buy, sell, and distribute fake or counterfeit movies and music. This is a problem because piracy allows users to download and illegally copy products that have been released without permission of the owner. The victims of these types of crime are producers, musicians, authors, composers, creators, and designers whose work is being reproduced without a profit or recognition.
(2) Trademark infringement really gained the attention of the media with the Napster case in 1999. Shawn Fanning developed a website that allowed users to download MP3’s, many of which were hard to find, through peer-to-peer file sharing. Napster was sued by the Recording Industry Association of America for copyright infringement. The majority of the MP3’s available were pirated copies available to millions of users worldwide. The court ruled in favor of the RIAA, and Napster was order to pay $26 million in damages as well as block access to infringing material on the website. The company could not adhere to these conditions and shut down the site in 2001. The company went bankrupt in 2002, and was recently bought buy Best Buy in 2008 for $121 million.
(3) The future of trademark infringement will depend on technology. With I-Phone applications and mobile devices, infringements upon corporate trademarks are bound to happen. There is speculation that augmented reality technology will lead to trademark infringement lawsuits. This new technology uses new media advertising that allows images and logos to become triggers for 3D experiences on mobile devices or computers. This could be a problem because these experiences could turn company’s own logos against them, and these companies have the right to protect their image and brand.
(4) With companies now resorting to social media for promoting their business, this can also lead to problems for copyright infringement. Facebook allows vanity URL’s, www.facebook.com/your.company.name, which may allow unauthorized users to obtain a company’s vanity URL and their trademark. Facebook applications may also misrepresent a company or its trademark by misleading someone to believe the company is sponsored by the application. Fortunately, Facebook has a reporting procedure that allows companies to report trademark infringements, and Facebook will disable access to the imposter site. However, since Apps are hosted on developer sites, the company must notify the infringing site itself to engage in trademark disputes.
(5) The alarming and dangerous trademark infringement trend is counterfeit pharmaceuticals. These drugs are illegal and are fake medicine. The medicine could be contaminated, contain the wrong or inactive ingredient, or the wrong dose. The counterfeit drugs look very identical to the legitimate drugs and their trademarks. These medicines are dangerous and could be harmful to health. The FDA, along with private companies, monitors these illegal drugs in order to prevent their use in the US. Due to strict guidelines by the FDA, counterfeiting drugs occurs less often in the US compared to developing countries. The extent of the problem worldwide is unknown since it is difficult to detect and investigate, but the WHO estimates up to 30% of drugs in developing countries may be counterfeit. The FDA is paying close attention to counterfeit drugs because it is a lucrative business. With the current economy and high price of medications, more counterfeit drugs are likely to be produced especially with new technology and the internet. Buying drugs over the internet can be risky because the pharmacy providing the drugs can be located anywhere in the world. In order to verify the safety of prescriptions online, use a site with Verified Internet Pharmacy Practice Sites (VIPPS) seal. This means it is a licensed pharmacy where FDA-approved drugs can be purchased. According to a report by Sarah Everts, it is estimated that in 2010, profits for counterfeit pharmaceutical drugs was around $75 billion.
Famous Trademark Infringement Cases
* (6) Facebook V. Lamebook:
Lamebook is being sued by Facebook for “attempting to build a brand that trades off Facebook’s popularity and fame.” Lamebook is a humor site that displays hilarious postings of Facebook users anonymously, and claims they are within their 1st Amendment rights. However, Facebook believes their site does not meet the standards of a parody site and should not be protected. This isn’t the first trademark dispute Facebook has been involved in, and they tend to pressure sites to change their names if the word “book” is involved in any way.
* (7) Red Bull V. Bull Fighter
Red Bull FZE in Austria won a case against a local importer who was selling a similar competing product called Bull Fighter. Red Bull claimed the product mislead customers into thinking Bull Fighter was a Red Bull product or endorsed by Red Bull and even had a similar name and packaging. The court ruled in favor of Red Bull and believed the competitor was intentionally trying to profit off of Red Bull’s marketing and reputation. The local importer was fined AEC 15,000.
* (8) Starbucks V. Shanghai Xingbake Coffee Shop
The American coffee company, Starbucks, has won a lawsuit against the Shanghai coffee shop. The Xingbake Coffee Shop used a similar name and logo and must pay Starbucks $61,956 in damages. The Chinese coffee shop’s name translated to Starbucks, and the company is forced to stop using the name and logo. This isn’t the first time Starbucks has encountered trademark infringement as they previously won a case against an individual in Russia who tried to register their name and logo.
* (9) Adidas V. Payless
Adidas won a case against Payless in a federal court in Portland. Payless was found guilty of infringing upon Adidas America’s Inc. 3-stripe trademark logo. As a result, Payless must pay $304.6 million in damages to Adidas.
Deterring Trademark Infringement
(10) When you believe you have an idea or design you would like to eventually use, file “an intent to use” trademark application. This reserves your trademark, but it will not be officially registered until it is used commercially.
If you believe someone is using your trademark, send them a “cease and desist” letter after consulting with a lawyer. If they continue to use your work after receiving the letter, you can then file a lawsuit. Sometimes money damages are awarded to further discourage the offender from using the registered trademark.
(11) If you are not sure whether someone is infringing upon your trademark, hire a private detective to investigate the matter. These issues are often complex, and private investigators often have a team of consultants who have experience in business law. They will thoroughly investigate the situation and determine the appropriate course of action for you to take.
Remember, the best way to prevent trademark infringement is to register you mark, and monitor any suspicious activity that is not authorized by your company. Sometimes infringement is small, such as a change in one letter in the spelling, or other times it is blatant, such as using your mark entirely. If you notice any unusual promotion of your mark, contact a private investigator.
Please contact Indianapolis Private Investigator, Thomas Lauth for further information Call 800.889.3463.
www.lauthinveststg.wpengine.com
by admin_lauth | Mar 3, 2011 | Private Investigations News
The New York State Senate recently passed a package of bills that would strengthen laws and toughen criminal penalties for certain sex offenses related to rape and child pornography. These heinous crimes scar the victims and their families for life and those convicted of such offenses should be dealt with in a severe manner. In addition, bills were passed to expand information on criminal background checks for individuals applying for employment in law enforcement and increasing penalties for the crime of criminally negligent homicide.
One bill, approved by the senate, would ensure those who commit multiple crimes pay for each. Often times the crime of first-degree rape, one of horrifying sexual violence, is repeated either against the same victim, or against multiple victims. Under current law, it is possible for a judge to issue concurrent sentences for multiple counts arising from separate and distinct acts. At this time, a rapist convicted of multiple counts could receive as little as five years in prison. The legislation (S.1826) I support would require that the sentences on each count run consecutively to ensure that no rape goes unpunished.
The senate also passed a bill (S.1417A) that would create graduated levels of criminal charges for large scale producers and distributors of child pornography. It would permit prosecution of internet pedophiles in proportion to the scale and danger of their criminal activity.
Anyone who commits a crime against a child should be punished severely. Criminals who prey on a child’s innocence and engage in child pornography on a larger scale should face even stiffer penalties. The current statutory system of “one-size fits-all” has an often unintended consequence of leniency for sexual predators. This legislation would provide law enforcement with penalties that better fit the level of the crime as they work to end this unconscionable abuse of children.
The senate also passed a bill (S. 1423) to expand the unsealing of criminal histories for the purpose of investigating applicants for employment by police departments and other law enforcement agencies. Under current law, law enforcement agencies are authorized to obtain records of sealed acquittals of the applicant, but not sealed convictions.
There is no doubt that before a police department hires an officer, they should be made aware of all previous arrest and prosecution records. Police officers hold a position of immense public trust and full disclosure is vital before they are allowed to put on uniforms and swear to serve and protect. Full background disclosure of a potential police officer ensures that departments are made up of men and women of the utmost character.
In addition, the senate approved the following criminal justice bills:
S.256 would make the crime of surreptitious surveillance a class B misdemeanor. A person would be guilty of this crime if he or she intentionally observes another person dressing or undressing or intentionally observes such person’s sexual or intimate parts without that person’s knowledge or consent when that person has a reasonable expectation of privacy. Current surveillance statutes encompass the use or installation of an imaging device to surreptitiously view, broadcast or record a person;
S.527 establishes that a person is guilty of grand larceny in the fourth degree when he or she steals property and is in possession of an anti-security item. An example would be possession of an item to remove security tags from clothing in a store;
S.943 increases the penalty for the crime of criminally negligent homicide from a Class E to a Class D felony;
S.487 would require that when a sex offender is sentenced to probation, and he/she violates that probation with another sex offense, that the sentences of incarceration imposed for the probation violation and for the new sex offense run consecutively and not concurrently.
Each of these bills serves to strengthen our criminal justice system by updating laws and closing existing loopholes. The result is a safer New York.
Source
by admin_lauth | Aug 13, 2010 | Private Investigations News
HOUSTON — Since a judge let him out of prison for a rape that prosecutors now say he did not commit, Michael A. Green has had trouble sleeping.
Michael A. Green
He also ponders, he says, whether to take a $2.2 million compensation payment from the State of Texas or file a civil lawsuit in the hope of exposing the truth about the investigation that led to his incarceration. To receive the compensation, he must waive the right to sue.
“What I really need to do is to make them pay for what they done to me,” he says. “Two-point-two million dollars is nothing when it comes to 27 years of my life, which I spent with mental torture and physical abuse.”
Mr. Green, 45, was set free by a state judge two weeks ago after DNA tests on the rape victim’s clothing proved that he could not have been responsible for the crime. His exoneration was the work of a new unit in the Harris County district attorney’s office dedicated to reviewing claims of innocence.
The story of Mr. Green’s nightmarish imprisonment — and how a prosecutor, Alicia O’Neill, eventually unearthed biological evidence that led to the real culprits — throws a harsh spotlight on an uncomfortable reality in American justice: the identification of a suspect in a lineup or in an array of photos is not always reliable.
More than three-quarters of the 258 people exonerated by DNA tests in the last decade were convicted on the strength of eyewitness identifications, according to the Innocence Project, the Manhattan-based organization dedicated to freeing innocent prisoners.
In Texas, the problem is even more acute: identifications by eyewitnesses played a pivotal role in 80 percent of the 40 people who have been exonerated with DNA evidence.
Some states, among them North Carolina and Ohio, have passed legislation changing the way lineups are conducted to reduce the possibility of an error, but similar bills in dozens of other states, including Texas, have failed in the face of stiff opposition from prosecutors and law enforcement agencies, defense lawyers say.
In 1983, Mr. Green was a high school dropout who slept late every day, played video games at an arcade in the afternoons and stole cars at night to make money. “Life was one big party,” he recalled.
He was walking home on April 18, 1983, the night a white woman was abducted and raped in his neighborhood by four black men in a stolen Camaro. He was one of several young men stopped by the police, but the victim could not identify him.
A week later, however, he was arrested after stealing a car and smashing it up. Detectives showed the victim Mr. Green’s mug shot, along with several other photos, and she said he might be one of her attackers. Later the same day, she picked him out of a lineup of five men.
He heard her scream from behind the mirrored glass when it was his turn to step forward in the lineup. He began cursing and yelling at the police.
“I got so mad, because I recognized it was a setup,” he said. “Then one of the police said: ‘I don’t know what you are mad about. I didn’t rape her. You did.’ ”
Mr. Green spit in the officer’s face, the first of many defiant acts.
A few days later, he turned down an offer from a prosecutor to plead guilty and serve five years for the rape, Mr. Green said. He recalls the trial as a surreal experience. It was the victim’s word against his. On the stand, she pointed him out again. He told the jury that he was innocent, but they did not believe him.
At 18 years old, he was sentenced to 75 years.
In prison, he fought nearly every day with other inmates at the Ferguson Unit, in Midway, where he earned the nickname “Two-Gun” for his boxing skills. He was filled with rage, he said, and fought often with the guards, too, earning vicious reprisals. In 1985, he was placed in a segregated unit for unruly and dangerous prisoners, mostly gang members. “I was considered one of the bad boys,” he said.
In 1986, a white inmate tried to stab him, but wounded a guard instead. Mr. Green said the attacker, who belonged to a white supremacist gang, had wanted to kill him because he had allegedly raped a white woman.
Confined alone in a cell for all but two hours a day, he would ruminate endlessly about his trial, he said. “I lay back and thought over and over and over again, why did they find me guilty?” he said. In the late 1980s, he began to request books from the law library, looking for a way to overturn the conviction.
But he lost every appeal, and a public defender told him in 1988 that his case was hopeless, given the vehemence of the victim’s testimony. He saw no glimmer of hope until 2001, when Texas passed a statute granting inmates the right to request DNA tests on old evidence under certain conditions.
He wrote the motion himself on a typewriter in his cell and sent it to the trial judge in July 2005. The judge assigned a public defender to handle the request, but the motion languished for three years in a backlog of requests before the Harris County district attorney’s office.
Then in 2008, Patricia Lykos, a former judge and police officer, was elected district attorney, and one of her first acts was to reverse the office’s longstanding reluctance to admit mistakes. She assigned two assistant district attorneys and an investigator to do nothing but comb through about 185 cases involving requests for DNA tests as well as about 75 other innocence claims. So far, the unit’s work has led to the release of three men, including Mr. Green.
Ms. Lykos has been pushing for a new regional crime lab to help expedite the cases. Not only were innocent men imprisoned, she said, but the victims were denied justice and the actual culprits remained free to commit other crimes. “Whenever you have an innocent person convicted, you have a triple tragedy,” she said.
Ms. O’Neill immediately zeroed in on Mr. Green’s tale as one of the few in the stack of cases in which DNA testing could make a difference. “It was just a perfect case to see what the science had to say,” Ms. O’Neill said.
The trouble was that the county clerk said the records showed the evidence in the case had been destroyed, a standard practice for old investigations in which there are no pending appeals. But Ms. O’Neill kept searching, and it turned out one box of evidence had been preserved by mistake, and inside were the victim’s jeans. There were 32 semen stains on the denim.
It took a year and a half for a state crime laboratory to untangle the DNA markers on the jeans, but when it was done, Ms. O’Neill and her colleague, Baldwin Chin, had hit pay dirt. Two of the profiles found on the pants matched those of men who had been arrested for other crimes — Michael A. Smith, who was in prison, and David Elder, who was on parole. What is more, none of the three profiles matched Mr. Green’s genetic code.
Under questioning, Mr. Elder named two other people involved in the rape, writing the names on the back of a business card. One of the men, Lawrence Mosley, was serving time in Amarillo for another crime, and he confirmed that the fourth person was Timothy Washington. None of the four will be charged in the rape because the statute of limitations has expired, prosecutors said.
But the new evidence was enough to persuade a judge to release Mr. Green on $500 bond while the Texas Court of Criminal Appeals considers a final ruling on his innocence.
“It’s what you go to law school for,” Ms. O’Neill said of the moment Mr. Green walked out of jail.
Mr. Green, in the meantime, said the experience of freedom had “been a trip.” Just stepping in a grocery store or shopping for clothing at a mall overwhelms his senses, he said.
But the best years of his life are lost forever, he says. He wonders what happened to his girlfriend, whom he lost contact with after being sent to prison. He breaks down when talking about his mother’s death in 2006 and how he missed the funeral.
Then he pulls himself together. He has been offered a job as a paralegal with the Innocence Project of Texas, he says, and will dedicate his time to “getting more innocent dudes out.”
