ShutDown: Consumer Fraud Investigations Halted

ShutDown: Consumer Fraud Investigations Halted

ShutDown: Consumer Fraud Investigations Halted

The United States government has been shut down for almost four weeks, sending shockwaves throughout a nation already gripped by tumultuous politics and controversial issues. In addition to institutions like the National Parks System, and the National Institute of Health, all federal employees have currently been laid off from duty, and a majority of their services suspended. The ripple effect is dizzying, with many of the governments services being on hold for the duration of the shutdown. Many consumers across the country are not aware of the shutdown’s impact on some of our nation’s best departments, so you can imagine their shock when they phoned to report a consumer complaint, and were told the government couldn’t help them.

When running normally, the government requires a wealth of quality communication to run smoothly. As many federal employees remain on furlough, therefore not being compensated, everyone’s level of communication with one another is atypical and—as many federal employees are called in without pay—constantly breaking down. The Consumer Financial Protection Bureau (CFPB) is the federal agency that fields the influx of consumer complaints. A consumer submits their complaint about a business or financial entity to the CFPB, which is reviewed. According to the CFPB, after the complaint is reviewed, “We’ll forward your complaint and any documents you provide to the company and work to get a response from them. If we find that another government agency would be better able to assist, we will forward your complaint to them and let you know.” The CFPB remains in operation and was not effected by the shutdown, but if the agency is ill-equipped to deal with the complaint, they may never get off the ground, as the appropriate department might be effected by the shutdown. This leaves many consumers displaced when it comes to voicing their concerns about products and services.

la-fi-lazarus-fcc-robocalls-20160729-snapThis suspension of protection services has allowed the beast of robo-calls to fester and become feral, as consumers cannot block or report harassing robo-calls. They’re left screaming into the void. Alex Quilici, the chief executive of YouMail—a smartphone application that helps consumers block robo-calls—describes it, “It’s a neighborhood with no police on the beat.” YouMail estimated, just last month, there were 5 billion robo-calls made, and 50% of calls made in early 2019 could be coming from scammers and robots attempting to fraudulently obtain your information. These horrifying statistics are the codas for a chorus of federal employees who are aware of the scope of the problem, like Jessica Rosenworcel, the Federal Communications Commission Commissioner, “The number of robo-calls consumers are receiving is insane. The problem just keeps growing. Shutting down the government is not going to help.” As of this moment, there is no one to administrate the “Do Not Call” list, the national registry in which consumers can ask specific companies not to contact them.

The Federal Communications Commission is just one of many threads woven into the Federal Trade Commission. Another voiceless victim of the shutdown is the victim of identity fraud. Louette Duvall is one of these victims. Not long after the holidays were over, Duvall’s car was pilfered by thieves while she was at her job. They made off with her purse, her briefcase, and a wealth of identifying information that amounted to a scammer’s treasure trove. Fraudulent charges started rolling in as she scrambled to alert all of her creditors and financial institutions that she had been robbed. She began calculating the full scope of the theft’s ramifications: New checkbooks ordered, extravagant items ordered in her name, new credit cards, the list goes on and on. When she called the Federal Trade Commission to let them know her identity had been stolen, she was told they could not help her due to the government shutdown. FTC data prior to the shutdown stated that the agency received thousands of calls a day regarding identity theft alone. That’s thousands of crimes going uninvestigated every day, a Washington Post reporter pointed out when they became a victim as well. Not only are new crimes going unreported, but investigative resources are also frozen. The Consumer Sentinel Network helps investigators track the movement of identity theft and related frauds to build cases against the perpetrators, and it remains down as of day 26 of the longest government shutdown in history. At a minimum, the FTC is still allowing individuals to file complaints so that they be issued an affidavit for their creditors’ purposes.

News coverage of the shutdown has attempted to sharpen the big picture for Americans when it comes to the ripple effect of the government shutdown. While many federal agencies might be unable to assist consumers with complaints, there is recourse for consumers experiencing the myriad of issues helmed by the Federal Trade Commission. There are online, step-by-step resources for obtaining documentation to dispute fraudulent charges and claims. Consumers can also retain the services of a private investigator. One of the most beneficial aspects of hiring a private investigator is that they are the top of the chain of command in their firm. They are the ones calling the shots in any investigation, not a supervisor nor a superior. They will represent your interests and your interests alone. As is the case with many frauds and thefts, perpetrators tend to either operate remotely, or move quickly to evade law enforcement. Acting independently, private investigators will be able to move as fluidly as a scammer, crossing jurisdictional boundaries with little to no red tape. Statistics surrounding fraud indicate that many federal investigators in charge of tracking down scammers and thieves are inundated with a never-ending stream of complaints. This means their attention can be divided over and over again across a heavy caseload. A typical private investigator only handles between 3-4 cases at a time, meaning your case can be a priority for them and not just another file in a drawer.

Political pundits and talking heads don’t project a sunny forecast when it comes to the shutdown—no end in sight. As the shutdown enters its 27th day, many Americans who have been the victims of consumer fraud and identity theft who do not yet know the full scope of the shutdown’s impact will receive an ugly surprise when they turn to the federal government for help. While the government gets its house in order, know that there are options for victims of consumer and identity fraud. Consult a private investigator today to learn how their specific skill set, experience, and independence can help you get right the ship when it comes to fraud.

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Investigating Employee Misconduct

Investigating Employee Misconduct

employee misconduct

Employee misconduct in the workplace can have a toxic effect on morale and productivity, which often incentivizes employers to resolve the situation quickly. These days, there are clear benefits to getting out in front of any misconduct complaint as movements like #MeToo have employers scrambling to vet their workforce so they can identify predators before scandal or evidence of misconduct can become public. In a surveillance culture where both bad behavior and good behavior are fodder for a good viral news story, employers everywhere are starting to understand the value in properly handling a corporate crisis. But in their haste to resolve the situation, are employers handling internal investigations properly?

Regardless of the type of business and type of misconduct, (sexual harassment, drug-trafficking, theft, etc.) the first instinct where there is a whiff of  employee misconduct is often to keep the information very close to executives. As with any investigation, the controlled release of information has an investigative advantage in identifying the true culprits of any misconduct. This is the beginning of employers remaining too close to the situation. It’s not unusual for a well-meaning employer to appoint themselves as the head of the investigation—but this presents a huge conflict of interest. As a person with a great deal to lose, the employer is, by their very nature, biased and an unbiased investigation is the foundation for anything built on an employee complaint. Without the use of an external investigator, the case loses integrity.

external investigatorsHiring an external investigator, like a licensed private investigator, will bring a flattering layer of transparency to any workplace investigation. First and foremost, a private investigator is an independent third-party. Having no personal knowledge of the employees involved—and therefore having no preconceived notions about them—means they can truly approach the case from an indisputable place of objectivity. The employer’s personal knowledge of their employees disqualifies them from such objectivity. Whatever the misconduct du jour, they might never suspect their trusted personal assistant, their senior manager, or their business partner—all individuals with extensive access to company information and property. However, a private investigator will vet this list of possible suspects in search of the truth.

When an employer is unsure of how to proceed when investigating workplace misconduct, it seems like a no-nonsense solution to let the lawyers handle it. And it can often make sense, as they will be fielding any litigation that surfaces. In-house counsel might feel it’s under their purview for the same reasons, but this is very misguided. The lines of their capacities as both in-house counsel and investigator cross one another, thus creating another conflict of interest. While there are states like New York that allow attorneys to act as private investigators without a license to do so, this is still not recommended. Witnesses within the company will likely have anxiety about speaking to the company’s lawyer, and might not be as forthcoming with pertinent details. Leads suddenly begin pancaking into dead ends as nervous employees become less cooperative. Private investigators have the advantage in this situation, as they are not representatives of the individual’s employers in any capacity, and have no power to fire them. It’s the same advantage private investigators have over law enforcement because they have no powers of arrest.

The documentation provided by a private investigator is invaluable to workplace investigations. After all, many reports not handled to the satisfaction of the complainant often lead to legal action, the most common example being the more familiar story of sexual harassment in the workplace: An employee alleges sexual misconduct against another employee. Both parties are interviewed. The interviewer does not tape the interview nor take notes. After a shoddy investigation, the complainant decides to sue the company for negligence. Another common example is the case of an employee who is hastily terminated for FMLA abuse or malingering before the company conducts a thorough investigation.

Not only are paper and ink expensive, but filling out and preparing reports is time-consuming—time that would be better spent trying to improve your business. Private investigators keep meticulous records, just like law enforcement, of all witness statements, evidence, surveillance, and relevant information to the case. This will go a long way towards addressing the complaint after the PI has issued their solution. It’s a perfect package: The investigation is chronicled from beginning to end, all of the relevant information is accessible, and best of all, it was conducted, prepared, and presented by a completely objective, independent third-party. The same third-party can also offer testimony in any court case that might result from the investigation.

Whether you’re investigating sexual harassment allegations, drug-trafficking, theft, or any complaint of employee misconduct, make the proactive choice of hiring a private investigator. It’s the strongest first step you can take in any internal workplace investigation. From the beginning, the investigator will be an impartial, unbiased eye whose only loyalty is to the truth. This kind of due-diligence will go a long way towards demonstrating you, as an employer, have heard the complaint, taken it seriously, and are only interested in what actually occurred. The solution will not be based on pre-conceived notions of colleagues, or biased assumptions, but independent deduction and well-documented evidence. And even if the investigation comes to a less than amiable termination, the foundation laid by the private investigator will protect your business from litigation.

Missing Persons 101: 10 Urgent Steps When a Loved One Goes Missing

Missing Persons 101: 10 Urgent Steps When a Loved One Goes Missing

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According to the National Crime Information Center (NCIC) at the Federal Bureau of Investigation (FBI), there are 86,927 active missing person cases as of April 30, 2018.  These cases include juvenile disappearances, endangered missing, involuntary or “non-family” abductions, those with disabilities, catastrophe victims and those entered into NCIC as “other.”

When a person we love goes missing, a time of great emotional turmoil and intense ambiguity follows. Dr. Pauline Boss said decades ago, having a loved one go missing is one of the most traumatic of human experiences.

Not only are families trying to manage the trauma of “not knowing” where their loved one is, they must quickly learn to maneuver the legal system. When do you report a loved one missing? What happens when police get involved? What can you do to help find a missing person? These are just a few of the questions a family of a missing person is facing.

Unfortunately, there is no handbook to fully educate someone as to what do to and how to emotionally handle the initial shock or help maintain the energy needed to find a loved one who has mysteriously vanished. However, there are many things you can do to help find a missing loved one and help reduce stress for family members.

There are various contributors to cause a person to go missing. A family member may suffer from Alzheimer’s or mental illness, they may be a victim of domestic violence, live a “high risk” lifestyle, even be a victim of a vehicular accident. There are also disappearances that cannot be immediately explained.

The key to increasing the chances of finding a missing person safe is acting fast and initiating a search effort as soon as possible. From making the initial missing person report and engaging the public to hiring a private investigator, there is much to expedite finding a missing loved one.

1. Contact Authorities

Making a police report is the first and most vital step in initiating a search for a missing person. Filing a police report ensures local law enforcement is alerted to the disappearance and can assess the situation to determine if the person may be in danger and if an investigation needs to be conducted.

When a child goes missing, law enforcement is required by federal mandate to take the report immediately and enter the child’s information into the National Crime Information Center at the FBI. However, when an adult goes missing, law enforcement is not required to take an immediate report or enter the person into NCIC and may cite a 24-48 hour waiting period as policy. There is no federal mandate requiring law enforcement to wait to take a report. It helps to be calm while insisting they take a report.

Though many law enforcement agencies will take an immediate report, it is recommended to inform officers of anything to classify the person as endangered such as needing medications for a medical condition, suffering from mental illness, being a danger to themselves or others, a domestic violence situation, any threats the person may have received, a situation where it is out of normal behavior to vanish for any length of time. For example, if a mother regularly picks up her child at daycare and fails to arrive to pick their child up, this would be considered out of the behavioral norm.

Be prepared to provide authorities with the missing person’s descriptive information, a current photograph, a list of places the person frequents, list of friends and family, description of the missing person’s vehicle, a list of possessions missing or left behind, etc.

Once a report has been filed, be sure to keep a copy. Also request the NCIC number (this reflects the person has been entered into the national FBI database and available nationwide to all law enforcement, medical examiners, and Coroners).

Regardless of the circumstance of the disappearance, making a police report is beneficial.

2. Keep a Log

Keeping a log with the full names and contact information of all people you talk to is important in maintaining good communication with everyone involved in the search for the missing person and staying organized.

It is easy to feel overwhelmed when making numerous phone calls, sending emails, etc. Keeping a log is a simple but important way to stay organized and maintain effectiveness, in addition to reducing stress.

3. Contact Family, Friends and Coworkers

Many times, a simple lack of communication can occur, and a missing person can be found by contacting family, friends, and coworkers.

Even after making a missing person report to police, be sure to reach out to others to find out if they have seen the individual or told where the person may be going. Life can become busy and simple miscommunication can contribute to a person being out of touch for extended periods of time. Cover all your bases by calling or texting friends to find out if they have heard from the missing person.

4. Social Networks

Social networks like Facebook can be integral to the search for a missing person from the moment the person is missing to an ongoing search if necessary.

Look at the missing person’s social media pages for their last posts, any information about their plans and even state of mind. Look to see if they received any harassing or strange communications from others.

Contact Facebook friends and ask if they have heard from or seen the missing person.  It is important to provide any pertinent information you receive from others to the investigating law enforcement agency.

Also, Facebook and Instagram are the perfect places to obtain current photographs of the missing person to be provided to law enforcement and to make fliers.

5. Contact Jails, Homeless Shelters, Hospitals and Morgues

It is important to remain cognizant of law enforcement’s limitations when searching for a missing person, especially adults as they have a right to go missing if they so choose.

As difficult as it can be, it is necessary to contact hospitals and morgues to see if the individual is injured in the hospital or unidentified in a morgue. This can be a very difficult task and you may want to ask a friend or family member to help make the calls.

6. Register the Missing Person with Organizations Offering Resources

If you are searching for a missing child, call the National Center for Missing & Exploited Children (NCMEC) as soon as possible. NCMEC specializes in providing services for families and children who are missing. NCMEC can be reached at 1-800-THE-LOST (800-843-5678).

For families searching for someone with mental illness, the National Alliance on Mental Illness (NAMI) provides resources for families. Their website also offers many resources.

Contact the National Missing and Unidentified Persons System (NAMUS) at www.findthemissing.org or www.namus.org. NAMUS is a powerful resource where information about missing persons is entered by family members of missing persons, the criminal justice community, law enforcement, and medical examiners and is publicly accessible.

7. Make a One-Page Flyer

Make a one-page flyer of the missing person. The flyer should contain the following:

  • Preferably two current photographs of the missing person
  • Full name
  • Height, Weight, Age
  • Photo of vehicle and license plate
  • Place last seen
  • Phone number of investigating law enforcement

*NOTE: It is recommended you never place your own phone number or contact information on a missing person flyer. First, it is very important calls are handled by a professional so as not to compromise an investigation. Second, many times families will receive cruel, harassing, and misleading calls from the public and it is very important to protect yourself and your family by buffering these calls.

Engage the public by asking community store owners to hang signs in their place of businesses. Place one at your local post office and anywhere you can legally hang a public notice.

8. Create a Website and Social Media Page

Facebook, Twitter, Instagram, Pinterest and other social network sites can be instrumental when searching for a missing loved one, especially if they are not found immediately. With any missing person case, it is important to maintain awareness and keep the public engaged in the search.

  • Create a site with an engaging name like “Find Jane Doe” or “Missing Jane Smith”. This will help bring your page up in Google and related search results.
  • Post recent pictures and include specific descriptive information to include the clothing they were last wearing, jewelry, glasses, tattoos, scars, etc.
  • Upload a PDF version of the flier so others can share and download to post in their communities.
  • If your loved one has a mental illness, you may want to simply say the person is “endangered” due to a medical condition or vulnerable and needs medications.
  • Add links to any news stories.
  • Upload a video and make a personal public appeal.
  • Make sure to provide the investigating law enforcement agency’s number and encourage people to call them directly with information and leads.

9. Alert your Local Newspapers and Media

Getting local media to assist can sometimes be difficult. News stations are not likely to cover a missing person story unless it comes from law enforcement. It is much easier if law enforcement puts out a press release indicating a person is in danger. Speak to the detectives and ask if they will issue a press release.

10. Hiring a Private Investigator

When is it time to hire a private investigator? There is no easy answer, but it is encouraged to consult with one early on, especially if the person has not returned home within a few days.

Because there is only so much law enforcement can do, at times finding the missing person requires additional assistance, both professional and specialized.

A missing person private investigator has access to databases and systems the general public does not, making finding a missing person a much easier task. An experienced private detective with experience working with law enforcement can be an asset to a missing person investigation, and can ease the burden off families, allowing family and friends to concentrate on other efforts, like social networking and keeping the public engaged.

Experienced private investigators can access information, interview witnesses and community members in order to generate new leads for an investigation, sharing information with the investigating law enforcement agency to ensure all rocks are being overturned.

Because their missing person private investigation services are being paid for, a private investigator will ensure locating the missing person has their full attention.

It is also advisable to look for a missing person private investigator who has experience working with media, so they may comment on the case without compromising law enforcement’s investigation.

About Kym L. Pasqualini

Kym Pasqualini is founder and served as CEO for the Nation’s Missing Children Organization and National Center for Missing Adults from 1994-2010. Kym has worked with media world-wide and quoted in publications such as People Magazine, Cosmopolitan, Glamour. Kym has appeared in local and national media to include CNN, FOX, BBC, Montel Williams and the John Walsh Show. Kym continues to work with families of the missing and law enforcement nationwide.

Kym has started the website, www.missingleads.com, and the facebook discussion group, https://www.facebook.com/groups/missingleads focusing on locating clues and keeping focus on cold missing persons and unsolved homicide cases.

Missing Persons – Scope of the Problem

Missing Persons – Scope of the Problem

When we hear the word “missing” we often think of missing children. When we walk into Walmart the faces of missing children stare back at us and the missing child cases that receive public and media attention are often the most extreme examples, such as the case of Ayla Reynolds.

One-year-old Ayla Reynolds vanished from her home on December 16, 2011, in Waterville, Maine. Her arm in a sling, Ayla was last seen wearing green pajamas with “Daddy’s Princess” on the front. Six years later, Ayla’s disappearance remains a mystery.

(Poster of Ayla Reynolds distributed by the National Center for Missing & Exploited Children at www.missingkids.com.)

It is quite common there is less concern for adult missing, further obfuscating an already complex issue.

The most reliable overall missing person statistics are maintained at the National Crime Information Center (NCIC), at the Federal Bureau of Investigation to include all ages of missing persons to include age, race, gender, and category of disappearance.

What is NCIC?

Called the lifeline of law enforcement, NCIC is a clearinghouse of crime data that can be accessed by every criminal justice agency in the country. It assists criminal justice professionals to locate missing persons, apprehend fugitives, recover stolen property, and even identify terrorists.

Launched in 1967, with five file categories and 356,784 records, by 2015, NCIC contained 21 file categories and 12 million records, averaging 12.6 million transactions per day.

The NCIC Missing Person File was implemented in 1975. Records entered in the Missing Person File are retained indefinitely, until the person is located, or the record is canceled by the entering investigating law enforcement agency.

According to the NCIC, as of May 31, 2018, there were 87,608 active missing person cases in the United States, some cases dating back decades. Juveniles 18-years old and under accounted for 31,580 active cases in NCIC.

But, what exactly does this mean? And, who are all of these missing persons?

Missing persons entered into NCIC range from birth to age 99-years old and can include children to a senior with Alzheimer’s disease. Unfortunately, there are no statistics available to narrow down the contributors specific to an individual’s disappearance such as a history of domestic violence, mental illness, diminished mental capacity such as Alzheimer’s, those living a high-risk lifestyle, etc. However, missing persons are entered into six categories within NCIC.

Within NCIC, the Missing Person file includes the following six categories of missing person entries and defined by the FBI as follows:

Juvenile: Person under the age of eighteen who is missing and does not meet any of the entry criteria set forth in the other categories.

Endangered: Person of any age who is missing under circumstances indicating physical safety may be in danger.

Involuntary or Nonfamily Abduction: Person of any age who is missing under circumstances indicating the disappearance may not be voluntary (abduction or kidnapping).

Disability: Person of any age who is missing under proven physical or mental disability or is senile with the potential of subjecting him/herself or others to personal and immediate danger.

Catastrophe Victim: A person of any age who is missing after a catastrophe such as a flood, avalanche, fire, or other disasters.

Other: Person over the age of 18 not meeting the criteria for entry in any a category who is missing and there is reasonable concern for safety.

(Source: NCIC Missing Person Analysis as of May 31, 2018)

When an individual is reported missing to a law enforcement agency, the missing person’s descriptive data is entered into the NCIC computer to include full description, age, race, gender, clothing, jewelry, scars, tattoos, past surgeries, vehicle description, and any other related descriptive data is entered into the computer database and placed into a specific category based upon an initial determination by the investigating law enforcement agency if the person may be endangered due to circumstances surrounding the person’s disappearance, possible foul play, or a disability.

Unfortunately, with missing persons, the cause of the disappearance may not always be clear. Unlike a homicide, where evidence may be collected to help the investigation progress, many times, there is no scene of a crime for police to analyze – a person simply vanishes.

Missing Child Act of 1985

In 1984, the United States Congress passed the Missing Children’s Assistance Act, which established a national resource center and clearinghouse for missing children. In 1984, the National Center for Missing & Exploited Children (NCMEC) was created by President Ronald Reagan.

Primarily funded by the United States Department of Justice, Office of Juvenile Justice & Delinquency Prevention (OJJDP), NCMEC acts as an information clearinghouse and resource for families of missing children, law enforcement, and communities to assist in locating missing children and to raise awareness about way to prevent child abduction, child sexual abuse, child pornography and child sex trafficking.

On April 6, 2018 it was announced in Forbes Magazine that the United States Department of Justice, in a joint effort with the Federal Bureau of Investigation, Internal Revenue Service, and the U.S. Postal Inspection Service had seized and shut-down Backpage.com, considered a constant opponent of NCMEC due to it’s facilitation of child sex trafficking. In the battle against child sex trafficking, the world waits to see what happens with the case against Backpage.com.

NCMEC and the OJJDP utilizes enhanced definitions of missing children as follows:

  • Family Abduction is defined as a member of the child’s family or someone acting on behalf of a family member takes or fails to return a child in violation of a custody order or other legitimate custodial rights and conceals the child, transports the child out of state with the intent to prevent contact, or expresses the intent to deprive the caretaker of custodial rights permanently or indefinitely.
  • Nonfamily Abduction is defined as a nonfamily perpetrator, without lawful authority or parental permission, uses force or threat to take a child (at least 20 feet or into a vehicle or building), or detains a child in a place where the child cannot leave or appeal for help for at least one hour, conceals the child’s whereabouts, demands ransom, or expresses the intent to keep the child permanently.
  • Stereotypical kidnapping (nonfamily abduction subtype) is defined as a nonfamily abduction perpetrated by a stranger, person of unknown identity, or slight acquaintance in which the perpetrator kills the child, detains the child overnight, transports the child at least 50 miles, demands ransom or expresses to keep the child permanently.
  • Runaway is defined as a child who leaves home without permission and stays away overnight.
  • Thrownaway is a defined as a child whom an adult household member tells to leave or prevents them from returning home and does not arrange for alternative and adequate care.
  • Missing Involuntary (lost, stranded, or injured), is defined as a child whose whereabouts are unknown to the caretaker, causing the caretaker to contact law enforcement or a missing child agency to locate missing child.
  • Missing (benign explanation) is defined a child whose whereabouts are unknown to the caretaker, causing the caretaker to become alarmed for at least one hour, try to locate child, contact police about the episode for any reason, as long as the child does not fit any of the above episode types.

(National Incidence Studies of Missing, Abducted, Runaway and Thrownaway Children (NISMART) comparison of NIMART-3 2013 study and NISMART-2 1999 study.)

What Determines Entry in NCIC

Public Safety Telecommunications personnel are responsible for first response to incident of missing persons and entrusted with the critical task of gathering, organizing, and entering identifying information into the NCIC database. They also play a crucial role in making queries as well as executing record updates, modifications, and cancellations.

Missing persons are entered into an NCIC category based upon information gathered from family members, friends and potential witnesses, while detectives respond and investigate the last known whereabouts of the missing individual.

Entry into a specific category is determined by information that is collected at the scene and based upon the initial information collected. As information is collected, an initial determination is made that can be modified later based upon any new information that is obtained.

For example, a family comes home to find their 13-year old daughter is gone. Recently, she has been threatening to run away and the parents first assume that is what happened. They call police who respond to the house. At that point, she may initially be entered in NCIC as Endangered. However, upon further questioning, the family soon discovers she did not pack anything and her cell phone is found on the living room floor. Police investigate further and discover the screen to the back door is cut and it appears the house was entered by someone other than family. Very quickly, an Endangered Missing Person case can become an investigation of a critical Involuntary Missing Person.  

At that point, in the case of the most serious cases of missing children, an immediate notification is made to the FBI and NCMEC to enable them to arrange resources. If given permission by the investigating law enforcement agency, NCMEC may also issue an AMBER Alert.

Each case if different, circumstances vary. Whether an individual may have vanished on their own, to one who may have schizophrenia or Alzheimer’s disease, entry into NCIC will depend upon the determination made by law enforcement based upon their initial response and ongoing investigation

Nonfamily Abduction

It was June 9, 1995, on a beautiful evening in the small town of Alma, Arkansas. Alma is located along I-40 within the Arkansas River Valley at the edge of the Ozark Mountains with a population under 5,000 people.

That evening was the first time 6-year old Morgan Nick had gone to a baseball game. Her mother Colleen was attending the Rookie League game at the Alma ballpark and Morgan had whined about having to sit next to her mother in the bleachers. There was a nearby sand pile with other children playing and Morgan wanted to play. It was within eyesight and only seconds away, so Colleen consented.

(Morgan Nick, age 6, vanished from Alma, Arkansas on June 9, 1995.)

Morgan ran to the sandpile, laughing with the other children while Colleen turned her head back to watch the Marlins and Pythons. A player whacked the ball and two runners tied the game, then a run was scored, and the Pythons won the game. The sound of the crowd cheering was deafening.

When Colleen stood up she could see Morgan’s playmates walking down the hill away from the sandpile, but where was Morgan? It was approximately 10:30 p.m.

The children told Colleen that Morgan was pouring sand out of her shoe near her mother’s car parked nearby. Colleen frantically searched. Morgan was gone.

Later, the children would tell police they saw a man approach Morgan. Another abduction attempt had occurred in Alma that day and police had a composite sketched based on witnesses of the other incident.

Thousands of leads later, numerous appearances on national news talk shows, even America’s Most Wanted, and Morgan’s mother is nowhere closer to knowing what happened to her daughter that evening. Police have interviewed hundreds of persons of interest, searched homes and wells, and dug up slabs of concrete with backhoes, but Morgan remains missing 23 years later.

The stakes are high when a person vanishes involuntarily and the search.

Missing with disabilities

Patty Mosley is a 66-year old woman with dementia who had been placed in a Maple Heights medical center in Cleveland, Ohio and went missing on April 21, 2018.

According to Police Detective Lieutenant Grossmyer, it appears Patty just walked away from the facility. Broadway Care Center, a nursing and rehabilitation center, has not made a statement regarding how Patty was able to get out of the facility. “They weren’t sure how she had gotten out of the facility,” Grossmyer said.

(Patty Mosley, age 66 with early onset of dementia, vanished from a care facility in Ohio on April 21, 2018.)

Patty had been diagnosed with major depression, dementia, alcoholism and other brain disorders.

Police issued a public “Missing Endangered Adult” alert, searched all local hospitals, RTA stations, and women’s shelters, even calling in their search team. All local media covered the story.

“We went into individual businesses, establishments, we checked people up and down the streets. We have checked everywhere we can and the information was put out throughout Northeast Ohio,” Grossmyer said.

Sadly, Patty is not the only individual to have disappeared from Broadway Care Center. In June 2017, 52-year old Francis Kish “walked out” of the facility and vanished. A paranoid schizophrenic dependent upon medication was later found safe at an RTA station.

Patty was also found safe and the NCIC entry cancelled by Maple Heights Police Department. A happy ending.

However, these are not isolated incidents. Mark Billiter who suffered from Alzheimer’s walked out of Glenwood Care & Rehabilitation in Canton and was later found deceased near a gas station having died from exposure to the cold.

There are 5,731 individuals entered into NCIC with disabilities that include physical disabilities, those needing medications, missing persons with schizophrenia, bipolar, dementia, Alzheimer’s disease, and other incapacitating disabilities.

When an individual who has disabilities, especially diminished mental capacity, goes missing, it is vital the search is initiated quickly.

Endangered Missing – Few Clues

It has been 21-years since Kristen Modafferi has been seen.

Kristen, 18, was an honor roll design student at North Carolina State University. She planned to spend her summer in San Francisco studying photography at U.C. Berkeley with classes scheduled to begin on June 24. She waved goodbye to her parents on her birthday June 1, 1997 and boarded the plane to San Francisco. It was the first time she had been on her own.

(Kristen Modefferi vanished in San Francisco on June 23, 1997.)

Kristen quickly found employment at Spinelli’s Coffee Shop in the Crocker Galleria and worked there during the week and weekends at the Café Museo, located inside the Museum of Modern Art. The adventurous young lady was in her element.

On June 23, the day before classes were to begin, Kristen asked a coworker at Spinelli’s for directions to Baker Beach, next to the popular Land’s End Beach. She proceeded to clock out at 3 p.m. and was last seen by a coworker at approximately 3:45 p.m. on the second floor of the Crocker Galleria with an unidentified blonde woman. The coworker thought it strange because Kristen normally left the mall immediately after shift’s end. That was the last time Kristen was seen. She never returned for her $400 paycheck.

Upon learning of Kristen’s disappearance, her parents Bob and Deborah immediately flew to San Francisco and met with police.

(Baker Beach, near Land’s End beach is approximately 6 miles from the Crocker Galleria where Kristen was last seen.)

Kristen’s scent would be tracked by bloodhounds from the Crocker Galleria to a nearby bus stop that leads to Sutro Park Beach, next to Land’s End. Bloodhounds picked up her scent again at the beach but lost it at a high cliff. Police feared she may have fallen to her death at the beach.

(Land’s End Beach where bloodhounds search for Kristen Modafferi.)

Police then found a personal ad that read, “Friends: Female seeking friends to share activities, who enjoy music, photography, working out, walks, coffee, or simply the beach, and exploring the Bay area. Interested, call me.” Authorities believed Kristen had responded to or placed the ad in the local paper.

Authorities suspected the person who answered or placed the ad was the unidentified blonde seen at the mall with Kristen and somehow, she may be involved in Kristen’s disappearance.

On July 10, 1997, local news station KGO, an ABC affiliate, received an anonymous phone call from a man who claimed two lesbians had kidnapped Kristen, murdered her and dumped her body under a bridge at Point Reyes in Marin County. When police interviewed the two women Jon had identified they told detectives Jon was angry with them spurring the phone call. Jon then claimed he had learned about the case from television.

Shortly thereafter, three women came forward claiming Jon liked to abuse and torture women and often targeted women using personal ads while using other women to lure his victims.

One of the women who came forward told police Jon had mentioned Kristen by name, threatening her, “the same thing that happened to her could happen to you.”

Police searched Jon’s girlfriend’s residence and found a diary that had pages ripped out that correlated with the dates Kristen went missing. She told them that Jon had ripped the pages out because they may have contained incriminating information.

Though they polygraphed Jon, there was never enough evidence to make an arrest.

Private investigators hired by Kristen’s family believe Kristen was murdered in the basement of her residence though there has never been any information or DNA evidence to substantiate those claims.

21 years later, Kristen remains missing.

Other – At Risk Missing

(Corinna Slusser vanished in NYC on September 20, 2017.)

Life was different two years ago for Sabina Tuorto, mother of 19-year old Corinna Slusser who has been missing since September 20, 2017.

“Only two years ago, so much was different then. My daughter was a great student, a cheerleader. She had many friends and lived her life as a normal teenager,” said Sabina. “I need her home and I can’t bear any more days like this. I fear the worst, but I pray for the best and her return home . . . waiting for an Angel to hear my prayer.”

Corinna was last seen at Haven Motel in Queens, New York on Woodhaven Boulevard, approximately 5 miles from LaGuardia Airport.

According to online Yelp reviews of the budget hotel, the consensus is the place needs to be shut down.

“I live right by the place and feel compelled to review it. It’s a motel mostly for prostitutes – seriously. The cops are constantly out investigating it and there’s always an issue. Parking lot is generally full of minivans (vom). It goes on an hourly rate. The windows are tinted 100% black. Repulsive. This place should seriously be shut down,” wrote one reviewer.

Corinna was last seen leaving the hotel during the early morning hours of September 20th.

Before the bright and cheery high school cheerleader’s disappearance, Corinna lived in Bloomsburg, Pennsylvania, and dreamed of becoming a makeup artist. On her Instagram account, which she updated almost daily, she is often dressed in bohemian type clothing showing peace signs, photographed hugging her friends and enjoying the outdoors.

However, one can see a transition occurring in the photographs she posted. Corinna goes from a bright and bubbly teen to showing less modest photographs.

An Instagram post uploaded on September 11, 2017, is thought to have been taken in the Bronx. The caption reads “cyphin mid day mid road is always good for the soul.”

There has been no activity on any of her social profiles since her disappearance.

While living in Bloomsburg, Corinna had become depressed and landed in the hospital where she met an older man that persuaded her to move to New York City. He offered a place to stay for the adventurous teen. Little did she know, the 32-year old man was a suspected “pimp” from Harlem. She took with her only her cell phone, identification and what she was wearing and moved to the bustling city where police believe she was coerced into prostitution.

Initially, Corinna kept in touch with family and friends and posted to her social media accounts.

With multiple arrests for “promoting prostitution, the man she left with was known by police in New York City. NYPD detectives now theorize Corinna has been moved from pimp to pimp and no longer in the city. Her name has been mentioned in various vice investigations and they fear she has been kidnapped by a sex trafficking ring.

One month prior to her disappearance, her mother received a copy of an order of protection revealing her daughter had been an assault victim on August 25, 2017.

Corinna had made a 911 call from the Harlem Vista Hotel in Northern Manhattan telling police she had been assaulted by her pimp. She accused him of grabbing her around the neck, smashing her head against the wall and strangling her after she confronted him of stealing $300 from her. The document named the man she had left with as Yovanny Peguero. When confronted by her mother she tried to downplay the incident.

When Corinna failed to show up for her grandfather’s funeral in Florida she was reported missing.

There is a $10,000 reward offered for information that leads to the safe recovery of Corinna Slusser.

Experts in the Field of Missing Persons and Sex Trafficking

These are typical cases that populate NCIC and each vastly different from the other.

Thomas Lauth of Lauth Investigations has worked over 20 years throughout the country and internationally on endangered missing person cases.

“The most important thing a family can do when a loved one is missing is pull in as many resources as possible,” says Lauth. “Finding missing persons is a cooperative effort between police, media, missing person experts and advocates, private investigators and especially the public.”

According to missing person experts, the more time that goes by, the less likely the person will be found alive. However, with cases like Jaycee Dugard, kidnapped by a stranger on June 10, 1991 at age 11, and found alive in 2009, there still remains hope for every family.

The Media and Missing White Woman Syndrome

The Media and Missing White Woman Syndrome

If you are a missing person, it helps to be white

(Jasmine Moody vanished in Detroit, Michigan on December 4, 2014.)

Jasmine Moody, a 22-year old Texas Women’s University student mysteriously vanished on December 4, 2014, while visiting a friend in Detroit, Michigan. Nearly four years later, police are no closer to figuring out what happened to her. News coverage of her disappearance has long since vanished from the scene too.

Approximately 7:30 p.m., the evening of December 4th, Jasmine was last seen leaving her friend’s home in the vicinity of the 3700 block of Baldwin, in the Van Dyke and Mack area of Detroit. Her family, who lives in Texas, is convinced foul play is involved in Jasmine’s disappearance and disappointed in the police department’s response and ensuing investigation.

“My daughter was real popular. She had a lot of friends. She was very social and energetic,” Jasmine’s mother Lisa Kidd told Dateline. “She always had a smile on her face. Always, always.”

Jasmine had known she wanted to be a nurse since she was 16 and described as a well-rounded student at Texas Woman’s University. According to her stepfather Patrick Kidd, Jasmine was a straight-A student, danced, and was training to be part of the U.S. Armed Forces through her school’s ROTC program.

According to police, Jasmine had developed an online relationship with Brittany Gurley, a woman who lived in Detroit. Just a few months after meeting online, Jasmine and Brittany had developed a strong friendship and Jasmine flew to visit Brittany and her family for Thanksgiving.

On the evening of December 4th, the two women allegedly got into an argument about Jasmine’s social media posts. Brittany and her family would later tell police that Jasmine put on a hoodie and walked out of the house.

Little else is known about her disappearance. No major ground search was conducted, and ongoing media exposure on a national level has been minimal.

In contrast to Jasmine Moody’s case, Lauren Spierer, a 20-year old student at Indiana University, vanished June 3, 2011, after an evening out with friends in Bloomington, Indiana. Lauren, who grew up in Scarsdale, an affluent town in Westchester, New York. Her disappearance quickly garnered national press attention but remains unsolved.

“Lauren’s disappearance has been and continues to be the most heart-wrenching experience of our lives,” Lauren’s family posted on Facebook on June 4, 2018, seven years after her disappearance. “I remember writing a few short months after Lauren’s disappearance that I never thought I would see an October without answers. I could never have imagined we would still be searching for Lauren seven years later. I end this now as I start each morning, hoping today will be the day.”

After an evening out at Kilroy’s Sports Bar with friends, Lauren was last seen on 11th Street and College Avenue in Bloomington at approximately 4:15 a.m. She had left her cell phone and shoes at the bar, presumedly taking her shoes off in the beach-themed bar’s sand-filled courtyard.

National news quickly began covering Lauren’s disappearance while hundreds of volunteers assembled to distribute thousands of fliers and help conduct ground searches of the area. A billboard overlooking the Indiana State Fairgrounds, along Fall Creek Parkway, asks the public for any information that would lead to the whereabouts of Lauren.

 

 

(Thousands of flyers of missing person Lauren Spierer have been distributed throughout the country.)

Hundreds of volunteers continued to turn out daily to help the family in their search.

Lauren’s case was profiled on popular America’s Most Wanted in 2011, leading to dozens of leads but not that one the family needed. Over the years, dozens of news media outlets have covered Lauren’s story.

Early on, Lauren’s parents hired private investigators and today, maintain an active Facebook group.

In one very revealing and heartfelt post, Lauren’s mother writes, “I could not have imagined on June 3, 2011, that my life would ever have any semblance of normalcy. Unfortunately, that word will never be applied to our lives. You learn to live with routines which get you through your days, weeks, months, and years. We will never know normal. Some of the things taken for granted in ordinary families are so far removed from ours it’s difficult to fathom. They range from everyday life events, a wedding, a birth and yes sadly death. What I wouldn’t do to hear Lauren’s voice or even just to notice a text on my phone. Something so simple as a text. My heart breaks at the thought of it. Well, those responsible will never be able to imagine. I have said it before and I know it’s redundant but what could have been an accident in a few short hours became a crime. The worst nightmare any parent or sister could imagine.”

Every day Lauren’s family simply hopes for answers. That’s all any family of a missing person could ask for.

Two young women, one black, one white, both ambitious students couldn’t be treated more differently by the media. One becomes nearly a household name, the other nearly forgotten. With absolute certainty, no one can say exactly why.

 

What are the numbers?

As of May 31, 2018, there were 87,608 active missing person cases in the National Crime Information Center (NCIC) database at the Federal Bureau of Investigation. Of the active missing person cases listed in NCIC, 40,108 cases are of missing women and 26,842 are black.

(National Crime Information Center Report)

Names like Chandra Levy, Laci Peterson, Elizabeth Smart, Polly Klaas, Natalee Holloway and Lauren Spierer have become familiar household names. Their missing person cases have dominated the headlines over the years. Cases like Jasmine Moody’s are not rare and unfortunately rarely make the local news.

Historically, whenever a female missing person becomes a national headline, she is almost certain to be a pretty, young white woman.

When was the last time you heard of a missing black female on CNN or other national news outlets?

In an NBC news story “Damsels in Distress” Roy Peter Clark, head of Poynter Institute for Media Studies is quoted, “It’s all about sex,” said Clark. “Young white women give editors and television producers what they want.”

“There are several common threads,” said Clark. “The victims that get the most coverage are female rather than male. They are white, in general, rather than young people of color. They are at least middle class, if not upper middle class.”

Some say the cases fit a narrative pattern that storytellers have used for more than a century, a pattern who design still incorporates remnants of an outmoded view of women and black people and their roles in society.

When it comes to popular stories, Clark said, “there is this perverted, racist view of the world. White is good; black is bad. Blonde is good; dark is bad. Young is good; old is bad. And I think we can find versions of this story going back to the tabloid wars of more than a hundred years ago.”

Regardless of class, color or age, it is clear that there is disproportionate coverage of black missing person cases. Referred to as “Missing White Woman Syndrome” and has led to a number of tough on crime measures named after white women who disappeared such as Suzanne’s Law, Kristen’s Law, Jennifer’s Law, Amber Alert and others.

In a study conducted by Baylor University, “The Invisible Damsel: Differences in How National Media Outlets Framed the Coverage of Missing Black and White Women in the Mid-2000s,” Professors Moody, Dorris and Blackwell concluded that in addition to race and class, factors such as supposed attractiveness, body size, and youthfulness function as unfair criteria in determining newsworthiness in the national news coverage of missing women. In addition, news coverage of missing black women was more likely to focus on the victim’s problems, such as abusive relationships, a troubled past, while coverage of white women tends to focus on roles as mothers or daughters.

Zach Somers, a sociologist at Northwestern University, noted that while there has been extensive research that shows that white people are more likely than people of color to appear in news coverage as victims of violent crime, there is relatively none when it comes to missing person cases.

Victim blaming appears to be compounding the unequal coverage and reinforces the view that black female victims are not only less innocent, but less worthy of rescue relative to white women. Thus, the term “Damsels in Distress.”

Others have blamed “police brutality” for the lack of publicity given to black female missing persons, attributing the silence to a habit of “sexism and patriarchy” in American society.

One group is fighting the imbalance of national media exposure that exists. The Black and Missing Foundation’s mission is to draw more attention to missing African Americans by providing an outlet for spreading the word through technology and print – and their work is making a difference.

By creating relationships with the media, government agencies, and the public, they are increasing the chances of missing black women being covered in the news and ultimately, to bring them home.

Derica and Natalie Wilson, two sisters-in-law, and founders of the Black and Missing Foundation have been profiled in People Magazine, Essence, Ebony, Huffington Post, Washington Post and developed a partnership with TV One. This year they celebrate ten years, helping thousands of families of missing persons and finding nearly 300 people.

“Many times, we are a family’s last resort – their last hope., says co-founder Natalie Wilson. This platform allows us to open our doors for families searching for their missing loved ones and not restrict access to help.”

Black and Missing Foundation have set the example for other groups to follow, especially the media.

Thomas Lauth of Lauth Missing Persons: an Expert in Missing Children and Adults noted, “In the 17 years of conducting missing persons cases for families and non-profit organizations, there is certainly a media and public bias against a missing person of color. When the general public and the media see a blonde 18 year-old on CNN that is missing–as opposed to an African American female on CNN–there is immediate attention to the blonde. Luckily there are non profit organizations such as Black and Missing to help bring more exposure to advocacy to the families for persons of color.”

Finding missing persons is a cooperative effort between the police, media, social service agencies and especially the public. With every news story, the coverage generates leads and increases the chance of that one lead being reported that will assist law enforcement in the investigation, and even close a case.

When it comes to missing persons there is no black and white, there are only families who are missing their daughters, siblings missing their sisters, children who are missing their mothers. There is no rich or poor, only families, human beings experiencing the most traumatic experience of their lifetimes.

People . . . who need our help.

For more of Kym Pasqualini’s work in missing persons, please visit her website, Missing Leads , or log on to Facebook and join the conversation on the Missing Leads Discusssion page!

Using a CNC to Protect Your Business

Using a CNC to Protect Your Business

Using a CNC to protect your business means the peace of mind that your trade secrets are safe.

Using a CNC to protect your business means the peace of mind that your trade secrets are safe.

If you own your own business, you know finding the right people to build your company is vital. One “weak link in the chain,” as they say, can tear a business down to its foundation. And as such, it’s not only important to hire the right people, but also protect your business from being exploited in the event a former employee might expose trade secrets. If it is your business’ practice to require a signature of an employee on a covenant not to compete, you should consider having a private investigator on retainer in order to vet any suspicions of non-compete violations.

Often referred to as a non-compete clause, a covenant not to compete or CNC is designed to protect an employer’s business against future competition or theft of trade secrets by a former employee. In essence, the CNC prevents a former employee, terminated or otherwise, from using a business’ trade secrets to either work for or start a rival business. Violators of CNC have an intimate knowledge of a particular business and can use that information to destroy it. In addition to exploiting the successes of a company by using the same strategies, a violator uses their knowledge to exploit the weaknesses of a company. They know where the vulnerable spots are in their business model, and violators can correct this process in the rival business, as well as, target their former employer in advertisements.

These legal contracts have a history going back as far as the 15th century, when English common law refused to enforce the Renaissance-era CNCs on the grounds they would place too many restrictions on trade. There have been many arguments made CNCs also interfere with America’s capitalist economy, placing restraints on the free-market standards in the United States. There are only a few states in the union completely prohibiting the use of non-competes, including California, Montana, North Dakota, and Oklahoma. One of the industries where CNCs are most common is the media. Most media-conglomerates force employees to sign CNCs at the time of hire to prevent them from sharing delicate information about media markets upon leaving their position. Another common industry is finance, especially Wall Street, where a person can literally be indicted for knowing too much, having been charged with insider-trading. Many might remember reading about CNCs back in 2005, when Microsoft and Google took a former employee, Kai-Fu Lee, to task by enforcing his CNC after leaving the company. CNCs are everywhere, and as such, businesses would be wise to employ external investigators to get the hard facts on CNC violations.

As was the case with FMLA fraud violations within a company, having an external investigator—like a PI—on retainer, will allow the company to protect itself in the event they believe a former employee has violated their CNC. The fallout from CNC violations can be ugly, with former employees insisting, not only did they not violate their CNC, but also they are being persecuted by their former employer. A private investigator is a third-party, which means they are well within their means to be objective. A private investigator’s loyalty is to the truth, as such, you can rely on cold-hard facts to bolster a case against a CNC violator. This objectivity comes in handy during litigation when enforcing a CNC.

The former employee cannot claim their employer is biased in their fact-finding, because they did not conduct the investigation. While a business can sue a former employee for violation of a CNC, it is not a criminal matter, so a business cannot ask law enforcement to investigate. Luckily, private investigators often have a resume bearing similar experience to law enforcement, as well as ,a very similar set of tools to find answers.  They can locate witnesses, witness statements, videotapes, photographs, and acquire documents to build a prima facia case against a CNC violator. Whatever the circumstances, having an objective external investigator on retainer will provide businesses with the assurance they have conducted all necessary steps to safeguard their company.