In Plain Sight: How Private Investigators Blend In

In Plain Sight: How Private Investigators Blend In

blending in private investigatorAccording to the Bureau of Labor Statistics, as of 2010, there were over 34,7000 licensed private investigators operating throughout the United States. The Bureau projects by 2020, the figure will increase twenty percent—resulting in almost 42,000 PIs. Though they may be great in number, you may  never spot one, because private investigators have a unique set of skills allowing them to blend in with all walks of society.

When the average person thinks of a private investigator, it often evokes a handful of stereotyped images. Sherlock Holmes is one of the most famous private investigators in the global lexicon—even if he is fictional. In the United States, the film noire genre gave average citizens a staple look for PIs; long, tan trench coats, matching fedora hats, toting cameras with obnoxiously long lenses. More contemporary private sleuths are often thought of as being clad in all black and wearing dark sunglasses.  Because these images have permeated American culture, a private investigator fitting any of these descriptions can instantly have their covers blown. With a surge in surveillance culture and the ubiquity of technology and social media, private investigators in the 21st century must modify their investigative methods to adapt to a world where everyone is watching.

blending in in a crowd

Close, But Not Too Close

Even in a world where individuals often have their eyes glued to a screen, it is easier than ever for a private investigator to have their cover blown while in the field. Rise in the saturation of crime coverage in both local and national media has citizens paying attention to their surroundings more than ever, especially when walking to and from their vehicles, and when developing a home security system. Despite concerns about the proverbial “Big Brother,” invading human privacy, the U.S. began to appreciate surveillance technology as a nation after a CCTV camera captured the perpetrators behind the Boston Marathon bombing in the summer of 2013. Law enforcement investigating the tragedy were able to identify Tamerlan and Dzhokhar Tsarnaev in a crowd of thousands, tracking every move they made until the fateful moment when they planted the two homemade pressure-cooker bombs killing three people and injuring hundreds more.

In 2018, the nation saw a rise in law enforcement agencies utilizing drones in their investigations, leading to a new wave of outrage and concern over the violation of privacy and spying. As of December 6th, over 900 law enforcement agencies were reported to use drones in their casework. This heightened awareness in the American population has forced private investigators to redefine their standards for proximity to a subject. Of course, a PI must be close enough to properly observe the subject, and despite their benefits, long camera lenses outside of large events inundated with press can just as likely be the aspect that blows a private investigator’s cover. Being too close to a subject can provoke them to confront the investigator and compromise the entire investigation. This obliterates future opportunities for surveillance and collection of evidence, as the subject will be on high-alert.

Do Your Homework

Prior to a stake-out or any form of field surveillance, private investigators must conduct extensive research about the area in order to move fluidly and avoid detection. Study of local businesses and restaurants can inform a private investigator what the public will be doing in the area, and increase their chances of successfully blending in with a crowd. In order to keep a low profile, PIs must place themselves in the mindset of a local. Places like coffee shops, restaurants, or shopping malls can be ideal places for surveillance, as there are built-in explanations for a person sitting or milling about without purpose for extended periods of time. In situations where this is not the case, it’s important for the investigator to have a method for making themselves appear occupied to cover their presence in an area. Luckily, a person staring at their phone for large blocks of time will raise no alarms with the subject or anyone else. Books, laptops, or accompaniment by an associate for “lunch” are also tried-and-true covers. Many private investigation periodicals recommend conducting as much online research as possible prior to surveillance in order to limit exposure. This means searching public databases, combing news articles, and scraping social media to arm oneself with as much information as possible.

Blending in as a PI

Blending in is the name of the game when you’re a private investigator.

Stealthy Sleuths

As mentioned above, everyday citizens are more hypervigilant than ever. Subjects with a history in the criminal justice system or with law enforcement will be even more so. As such, the concept of tailing a subject is becoming less effective, resulting in the private investigator “getting made” by their target. Subjects will recognize the same face after multiple sightings, even if it is in a crowd, and strange vehicles parked in the same location for hours at a time are sure to draw suspicion. This is where thorough research with a private investigator’s client can become invaluable. Reconnaissance at the hands of a client can provide the investigator with information allowing them to be more inconspicuous when following a subject from location to location. For example, a spouse suspicious of infidelity can provide the private investigator with their spouse’s daily schedule—what time they wake up, their morning routine, addresses for their employment, frequent lunch locations, extra-curricular activities, the addresses of friends’ homes, the list goes on and on.

Competent Cover

Even the most catlike of private investigators will have their covers blown from time to time. That’s why it’s imperative to have a bulletproof cover story. If they’ve done their research, private investigators can be ready with a plausible reason for being in the area, such as house-hunting, shopping, or just being plain lost and in need of direction. These quick explanations will cause a subject to lower their guard and reconsider their suspicion. Just as is the case with any deception, too many details pierce the veil. Being caught with surveillance equipment like cameras or microphones will also require explanation, but in a culture saturated with technology, this can also be easily explained. Camera drawing too much attention? Not if you’re a professional photographer on assignment. Microphone too conspicuous? It’s no longer a stretch to believe the average citizen is a fledgling podcaster or filmmaker recording “foley” or “walla” noise for their project.


Gender Bender

female private investigatorAs is the case with many professions, media and culture have defined the role of private investigator as one for a man, which often
leaves women out of the conversation. However, it could be argued female private investigators have a much better chance of remaining undetected in surveillance. While social code continues to grow and develop, women are often socialized to diminish themselves—to listen, not speak. Follow instead of lead. Men are socialized to be forward and confident in the interest of being some kind of alpha, while women are known to be better at reading a room, picking up on behavioral cues that might inform their investigation, and their perceived gentility improves their chances of a subject or witness trusting and opening up to them. These aspects of our society are the same ones preventing citizens from suspending disbelief when a woman is accused of a violent crime. A woman would never do that. This allows a female private investigator to conduct field surveillance with more freedom.

 

Technology has spiked over the last 25 years at astronomical proportions, and our population’s socialization has changed dramatically since the invention of social media. While this may have hampered private investigators in their work, the proper tools, flexible strategies, and an analytical mind can get the job done. Whatever a private investigator’s method for remaining inconspicuous in the field, there is no doubt that as society changes, so must their methodology.

Precious Time: Hiring a Private Investigator to Locate Your Missing Teen

Precious Time: Hiring a Private Investigator to Locate Your Missing Teen

Every week there are new stories in the news about teenagers who have either run away or been kidnapped. When parents see these tragedies play out through media coverage, there’s usually one common thread running through their minds, “This could not happen to my child.” Despite statistics on the demographics most often affected by missing or runaway teens, no family is immune. Parents of a missing child or teen will most certainly have never found themselves in these frightful circumstances before and be at a loss for how to proceed. In addition to filing a report with police, the parents might also consider hiring a private investigator to conduct an independent, concurrent investigation. Finding missing teens is not always the speciality of an individual law enforcement agency, which means your child could fall through the cracks. Finding missing teens is not easy, especially when they do not want to be found. That’s why many families rely on the independent tenacity of private investigators to find their missing teens. Should you hire a private investigator to locate your missing or runaway child?

An Overwhelming Task

The Office of Justice Programs estimates the first 48 hours after your child goes missing are the most crucial in the timeline of any investigation. During these moments, your instinct might be to go find the child yourself or help conduct searches; however, as a parent or guardian of a missing child, your information is the most crucial. A 1982 congressional mandate requires law enforcement to immediately take a report following the disappearance of a child under the age of 18. However, recent reports estimate the excess of some 800,000 missing persons cases reported every year, 85-90% of those cases are individuals under the age of 18. What this statistic tells us is law enforcement, in most parts of the country, are overwhelmed by a caseload (with some departments averaging over 40 cases per investigator) leaving your missing child as a file amidst a stack of equally devastating missing child cases. As law enforcement agencies across the country remain stretched, missing child cases—especially ones where the child appears to have run away—are not always the first priority, as investigators attempt to perform a triage regarding which case requires their attention the most. Private investigators only average between three and four cases at any given time, meaning your child’s case will be at the top of their list of priorities.  During the crucial FIRST 48 hours, having a private investigator treat your case as a priority can be the difference between acquiring invaluable information and losing a lead.

Constitutional Red Tape

One of the glowing advantages of hiring a private investigator to find your missing child or teen is the fact PIs possess far more autonomy than the average law enforcement officer or investigator. For instance, when a suspect has been identified, law enforcement often must secure a warrant for them to be tracked as the investigation unfolds. Paperwork and bureaucracy within the chain of command can cause the wheels of justice to turn slowly in regards to local or state law enforcement. Not only are PI’s not required to file this sort of paperwork, but they can also do so without the supervision of a governing law enforcement administration, so the case progression is not stalled for lack of warrant or administration approval.

The Binds of Jurisdiction

With a private investigator conducting an independent, concurrent investigation, there will never be any issues of jurisdiction when pursuing leads. Say your family lives in Indiana, but while on an out-of-state family vacation, your child goes missing in a crowd. As missing and abducted children across state or even international borders, local law enforcement exponentially lose power to follow leads maybe illuminating the child’s whereabouts.  It is also not uncommon for two or more law enforcement agencies to enter a tug of war when it comes to who has jurisdiction over a particular case based on the specific circumstances. This can lead to the loss of leads or time as agencies hash out the details. Private investigators are never bound by jurisdictional bureaucracy. They can travel between states following the trail of a missing child, all without having to file any paperwork or obtain special permissions from superiors.

While law enforcement may have a wealth of experience and exclusive tools at their disposal, it’s important to remember that these civil servants are often overwhelmed with an immense case-load and can only do so much when it comes to the constitutional and jurisdictional boundaries they cannot cross. Private investigators have the expertise and similar tools of law enforcement, while also having the time to treat your case as a top priority.

Carie McMichael is the Communications and Media Specialist for Lauth Investigations International, writing about investigative topics such as missing persons and corporate investigations. For more information on missing persons topics, please visit our website.

Lauth Investigations Case Evaluation: Fanged Fatale

Lauth Investigations Case Evaluation: Fanged Fatale

Why-Dogs-Bite-image-1080x628

The Case

The owner of the dog in question, referred to as the Subject, was living on a few acres of property surrounded by a decorative fence the Victim of the dog bite alleges was easy for the dog to have jumped over. The Victim in the case reported she often walked past the Subject’s property early in the morning, approximately six or seven times prior, where she often witnessed the dogs “going crazy in the yard,” but never observed one loose from the confines of the property fence.

On the day of the incident, the Victim observed the gate to the property closed and one of the Subject’s two dogs residing inside the fence, but not the other. As she continued down the road, the unaccounted-for dog caught her by surprise, biting her on her backside and her arm. The scuffle was soon broken up by Witness A, who approached in their vehicle and honked their horn, scaring off the attacking dog. Witness A then drove the Victim to her residence, where she called 911 and was escorted to the hospital by an ambulance.

The Investigation

Lauth Investigations International Inc. was retained by Client X to contact neighbors of the Subject and witnesses to the incident to uncover if the dogs had ever escaped the fence before. Lauth’s investigators began their investigation by taking note of the lay of the land—both at the scene of the attack and the nearby geography—noting the Victim’s property was only a little over a mile up the road from the Subject’s property, or a twenty-two minute walk.

Lauth contacted the local sheriff’s department to obtain the victim’s police report regarding the incident, and also obtained an additional report for a similar dog bite incident, naming another possible resident of Subject’s house.

Photos were taken by Lauth Investigators of the Subject’s fence around the property. The Investigator did not observe any reasonable means for a dog to escape the fence. The next day, the investigator met with the Subject, the owner of the dog. The Subject insisted her dogs, who have since been euthanized, were friendly animals with zero history of violence and no propensities for aggression.

The Investigator later spoke to the neighbor, Witness A, who saw the attack in-progress. He recalled the dog was “snarling and growling,” and could only report he saw the dog approach from the right side of the road, which is the side on which the Subject’s property is located. He had never seen the dogs before, as he did not travel along that road often.

Witness B lives two houses away from the Subject and told the Investigator, contrary to the Subject’s statements, the dogs were very aggressive, with the propensity for excessive barking, unfriendliness, and a habit of charging the fence from the residence when cars or pedestrians would pass. She also advised it was not uncommon for at least one dog to be loose. When a vehicle left the Subject’s property, the gate to the fence would open, and at least one dog would often follow the vehicle. The gate would close behind the vehicle, leaving the dog loose from the property. At least six other witnesses, including the victim’s daughter and a mail carrier, reported aggressive behavior from the dogs in recent memory. The Investigator did speak to one witness who helped raise both dogs from birth and had never witnessed any violent behavior from the dogs.

The Conclusion

With witnesses to both the attack and aggressive behavior from the dogs, it was determined the Subject was negligent in keeping the dogs penned, despite numerous complaints for neighbors and passersby. Lauth Investigations has documented their testimony for litigative purposes, if any, in the future.

Why Private Investigators Have an Advantage Over Police

Why Private Investigators Have an Advantage Over Police

Why Private Investigators Have an Advantage Over Police

 For months, the family of 5-year-old Lucas Hernandez wondered if they would ever have answers in his mysterious disappearance. On the day he disappeared, he was left in the care of his father’s girlfriend, Emily Glass. In the missing persons report, Glass told investigators on February 17th, 2018, she saw Lucas playing in his room around three in the afternoon. She then took a shower and fell asleep. When she awoke around six in the evening, Lucas was nowhere to be found.

Law enforcement in Wichita investigated for months, unearthing no credible leads into Lucas’ disappearance. Months later, on May 24th, locals were shocked after a private investigator blew the case wide open by informing law enforcement Emily Glass had led them to the decomposing remains of little Lucas under a nearby bridge. Why would Glass, after dealing with law enforcement for months, only then break her silence regarding her knowledge of the little boy’s body? The answer is as simple as this: Private investigators have advantages law enforcement do not when it comes to conducting concurrent independent investigations in criminal and missing persons cases.

So how is a private investigator’s approach different from the approach of a local, state, or federal law enforcement agency? The first thing to consider is the caseload of most law enforcement agencies. From the moment an initial report is made, in both criminal and missing persons cases, law enforcement have the meticulous and overwhelming task of gathering evidence to build a case that will secure justice on behalf of the victims and the state. Crime scenes need to be mined for evidence by medical examiners and crime scene technicians. Detectives and other investigators need to canvass witnesses—sometimes dozens of people—in the area who might have seen or heard something. Now imagine the workload of one case multiplied by 40 or 50 times. An audit conducted in Portland Oregon in 2007 reviewed law enforcement data from Portland itself, and nine other surrounding cities, to conclude the average caseload for a detective in Portland was a median of 54. This is compared to a 5-year average of 56 cases. Knowing statistics like these are similar in law enforcement agencies all across the country, it’s easy to see how the progress of cases might slow to a crawl. Agencies are overwhelmed, and this is where private investigators have the advantage. Private investigators may only handle one or two cases at a time, giving them their full focus and attention. Wichita law enforcement might have faced similar challenges of an overwhelming caseload when it came to investigating Lucas Hernandez’s disappearance. An article released by the Wichita Eagle in mid-December of 2017 revealed, as of publication, there were still ten homicides from the year 2017 remaining unsolved as the new year approached.

Another compelling advantage for private investigators might initially sound like a disadvantage: Private investigators have no powers of arrest. It seems counter-intuitive that a private investigator may use the same tools as law enforcement, ask the same questions, and may even come to the same conclusion as law enforcement without the ability to arrest a suspect for the crime. However, the case of Hernandez showcased exactly why a private investigator—and their inability to arrest—broke the case wide open. Jim Murray of Star Investigations told KMBC News in Kansas, “We’re less of a threat sometimes to people that we’re talking to because we have no powers of arrest,” said Jim. “We can’t arrest them.” This could explain why Emily Glass finally led a private investigator to Lucas’s body, because she knew they could not put handcuffs on her in that moment.

Los-Angeles-Private-InvestigatorUnfortunately, family members and locals will never have the truth about what happened to Lucas. In the wake of the private investigator’s discovery, autopsy reports were found to be inconsistent with what Glass told both police and the PI, but before the People could build a case against her, Glass was found dead from an apparent suicide. However, were it not for the efforts of the private investigator, Lucas’s father may never have had answers in his son’s disappearance.

Carie McMichael is the Communications and Media Specialist for Lauth Investigations International, writing about investigative topics such as missing persons and corporate investigations. To learn more about what we do, please visit our website.

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Virtual Kidnapping Scams

Virtual Kidnapping Scams

By: Kym Pasqualini, Lauth Investigations Feature Crime Writer

Kidnapping

You receive a phone call and hear the voice of someone you don’t recognize. They tell you they have your child and will kill them unless you pay a ransom. They direct you not to call police or you will never see your child again.

What would you do?

You tell the person on the other end of the phone not to hang up. You don’t want to disconnect with the one person that can reunite you with your child. You plead for your child’s safe return. “Please don’t hurt her. I will do whatever you want,” you cry.

They demand you go to the bank and wire a ransom of several thousand dollars. Do you call the police? Do you pay the ransom and hope some thug will return your child to you safe?

A child going missing is every parent’s worst nightmare. For those who do have a missing child, living with such ambiguity is said to be the most traumatic of human experiences.

Sounds like a situation that only happens in the movies, right? Or, something only happening to the wealthy.

According to Newsweek, the Seattle Police Department is issuing warnings to parents advising scammers are targeting parents and demanding a ransom in exchange for the safe return of children they kidnapped . . . well, virtually kidnapped. Police throughout the country are following suit.

kidnapped child

On March 8, 2017, in Ravensdale, Kings County, approximately 30 miles southeast of Seattle, a mother drops her children off at the school bus. Shortly thereafter, she receives a phone call from a man who threatened to kill her child if she didn’t pay a ransom.

The mother was able to reach out to the school to make sure her children were there. The school confirmed they were safe.

King’s County Sheriff’s Office told ABC News, this was the first reported incident in their jurisdiction.

In another case, a woman called a father “hysterically crying” claiming to be his daughter and stating she had been kidnapped. A man then got on the phone and told the dad if he didn’t pay a ransom, he would hurt his daughter.

Officers in Denver have responded to several reports of kidnappings. In a press release issued by the Denver Police Department, police say the caller demands a monetary payment in exchange for the release of the victim’s child. The caller dials the parents in the afternoon and demands the ransom to be wired to a bank.

After investigating the recent incidents in Denver, they determined the kidnappings were false and all children involved in the incidents were found safe.

Virtually Kidnapped Daughter

On Monday, April 16th, Sean Hollister was at his residence in Longmont, Colorado, about 15 miles northeast of Boulder, and received a frightening call from his 11-year old daughter who he thought was at school.

“My daughter was in tears, sobbing,” Hollister told the Times-Call. “I thought she was in trouble or something. She said, ‘Dad, I’m sorry I let this happen,’ which is exactly what she would say,” Hollister said.

“I said, ‘What’s wrong,’ and I offered up her name, so he knew my kid’s name,” Hollister said a man got on the phone and told him, “I got your daughter in a truck. She is on her way to Mexico.”

When Hollister told the man he was calling the police, the girl came back on the phone screaming. “Daddy, they are cutting me. Don’t call 911.”

Hollister was able to call police on his cell phone. “The caller told Hollister to get his wallet and identification and promptly leave the house.

Victims of “virtual kidnapping” describe the incident as traumatic.

Victims of “virtual kidnapping” describe the incident as traumatic.

Hollister’s postman was in the yard when he walked outside. “I’m mouthing ‘Help me,’ and he is freaking out,” said Hollister.

Longmont police showed up at his home fast and they took over from there and the caller hung up. Officers quickly determined Hollister’s daughter was safe.

The traumatized father would later find out the callers were trying to pull off a “virtual kidnapping” scam.

“The gap between the cops getting there and finding out my daughter is okay was terrifying,” said Hollister. “Who would think someone would be that cruel?”

Hollister’s caller had a Mexico number, but police say it is possible the caller was local and hijacked the number to appear like the call was made from out of the country.

In yet another case, a woman received a frantic call her brother had been kidnapped, injured and bleeding out, demanding thousands of dollars through a wire to return him safely. She was able to reach her brother on another phone and never paid any money, but a clear sign anyone can be a victim of this type of horrific scam.

According to FBI kidnapping expert, Agent Eric Arbuthnot, several organizations use these scams regularly to make money.

“Thousands of dollars in ransom,” said Arbuthnot. “And you’re talking about a criminal organization that is capable of doing more than one kidnapping at a time.”

According to Arbuthnot many of the cases have been happening on the West coast and along the border involving criminal organizations from Mexico, some claiming to be members of the cartel.

The FBI has seen recent increases in California, Nevada, New York, and Texas.

Monroe Police Department in Connecticut said by using social media, scammers can identify a victim, look up relatives, and reference names of family members and friends to make the call appear legitimate.

FBI Supervisory Agent Christopher Johnson said his office in St. Louis, Missouri deals with these types of crimes. “Scammers will often mention specific facts about the parent or victim, likely from information they were able to obtain online.”

Authorities say about one in five kidnapping cases are successful resulting in the criminal getting their ransom and not getting caught. While extortion has been around for decades, virtual ransom kidnapping calls are increasing around the country.

FBI Special Agent Glenn Milnor warns parents about virtual kidnapping.

FBI Special Agent Glenn Milnor warns parents about virtual kidnapping.

With this emerging scam, the FBI has launched a nationwide campaign to warn parents to fight back against “virtual kidnapping.”

If you receive a virtual kidnapping ransom call…

Unlike traditional kidnapping schemes, a “virtual kidnapper” has not actually kidnapped anyone. According to the Federal Bureau of Investigation, if you receive a call from an individual demanding a ransom for the safe return of a kidnap victim, it is suggested you quickly evaluate the following to determine if you are receiving a legitimate ransom call:

  • Caller insists you stay on the phone.
  • Call does not come from your child’s cell phone.
  • Caller tries to stop you from contacting the kidnap victim.
  • Call includes demand for ransom to be paid via wire transfer.
  • Ransom amounts may decrease quickly.

Knowing what to do

Police say it is best to hang up the phone; however, if you continue the conversation pay attention to the following:

  • If you engage the caller, don’t call out your loved one’s name.
  • Deliberately try to slow the situation down and ask to speak to your child directly.
  • Ask “proof of life” questions like, “How do I know my loved one is okay?”
  • To gain confirmation if your child is an actual kidnapping victim, ask questions only your child would know such as the name of a pet.
  • Listen very closely to the voice of the person speaking. If possible record the call.
  • Have someone else try to call your child’s cell phone, school, text, social media, etc., to confirm their safety.
  • To buy time, repeat the caller’s request and tell them you are writing down the demand or tell the caller you need time to make arrangements.
  • Don’t agree to pay a ransom: by wire or in person.
  • Don’t deliver money in person.
  • Immediately call your local FBI office and police.

According to the National Crime Information Center (NCIC), as of March 31, 2017, there were 86,618 active missing person cases in the FBI database, with 8,792 entered as involuntary.

Experts agree an actual kidnapping with a ransom demand is quite rare but all experts urge parents to be vigilant.

To read the FBI warning, please click here.

 

How We Can Return Your Assets to You

How We Can Return Your Assets to You

money hanging

By: Kym Pasqualini, Feature Writer for Lauth Investigations

Have you ever found a $20 bill in your laundry and felt you just won the lottery? Most people would be ecstatic to realize they forgot to empty their pockets but what happens to money you don’t know exists? Hundreds, maybe thousands of dollars.

You may be surprised how many people in this country have unclaimed assets they may never know existed . . . unless they look for it.

Currently, it is estimated local, state and federal agencies collectively hold more than $58 billion in unclaimed assets, roughly $175 for every U.S. resident. However, experts estimate there may be as much as $100 billion languishing in unclaimed cash and benefits held in local, state and federal agencies. We do know, daily, the amount of unclaimed funds increases.

According to the National Association of Unclaimed Property Administrators, every state including the District of Columbia, Puerto Rico, and the U.S. Virgin Islands has lost assets, commonly referred to as unclaimed funds.

What are Lost Assets?

The unclaimed property law or escheatment was first enacted in 1954. The purpose of the act is to provide a central repository in each state, so citizens can seek lost assets belonging to them. Each state maintains a comprehensive list of the unclaimed assets.

Unclaimed funds are financial assets owed to an individual or business not claimed or have unknown ownership. Examples of unclaimed assets or funds are the following:

  • Uncashed payroll checks
  • Dormant bank accounts
  • Safe deposit boxes
  • Refunds
  • Customer overpayments
  • Security deposits
  • Insurance payments
  • Unclaimed dividends
  • Unclaimed securities
  • Traveler’s checks, money orders, cashier’s checks
  • Principal on debt
  • Escrow balances
  • Old stock certificates
  • Mining Certificates
  • Mineral royalty payments
  • Retirement
  • Property held by courts and other governmental agencies

All businesses must forward all unclaimed funds or property to their state in accordance with their state’s escheat laws. Ideally, the state holds unclaimed funds in a trust and attempts to locate the rightful owner – except it doesn’t always work in that way.

Unfortunately, since 2006, a mere 5% of lost assets has been returned to rightful owners.

money locked

The Escheatment Process

Unclaimed property is governed by state laws requiring all unclaimed assets be turned over to the state to be held in trust. For example, if a bank account is inactive for a lengthy period, commonly within one year, the state can claim the funds in the account through a process known as escheatment.

Escheatment accounts are defined as dormant, unclaimed or abandoned. For instance, banks are responsible for reporting unclaimed property to the state after a certain amount of dormancy. Each state has a different time frame before the state escheats the assets to safeguard them.

In Arizona, a financial institution must report securities property after a period of 3 years dormancy and bonds after two years.

The laws are strict. A company could be fined by the Arizona Department of Revenue a civil penalty of 25% of the value of the unclaimed asset or abandoned property or $100 per day up to $5,000.

The only tangible property covered is the contents of safe deposit boxes. However, for contents of safe deposit boxes, periodic auctions are conducted by most states and proceeds from the sale of items are held for a rightful owner.

While unclaimed, the policy for unclaimed funds is they should be used for the “greater good” of the public, until such time as it is returned to the rightful owner. Without affecting the state’s obligation to return unclaimed funds, collections are used to finance operations such as public schools and college scholarships.

In 1951, the U.S. Supreme Court stated in the Standard Oil Co. vs New Jersey case, “Property that escapes seizure by would-be possessors and is used for the general good rather than the chance enrichment of particular individuals or organizations.”

In 2015, $3.235 billion was returned by state government unclaimed property agencies to rightful owners or heirs.

What is an Heir?

An heir is the “rightful owner” of lost assets/funds or a person in ranking who is entitled to inherit property if the rightful owner is deceased, sometimes referred to as a logical heir.

An heir can be an individual or a company such as a business or corporation, church or charity, or hospital.

unclaimed funds

Defining the Source

A government database of centralized information does not exist; therefore, each federal agency maintains its own records. When looking for lost assets this can create confusion and, in reality, often makes the property hard to find.

  • United State Treasury reports an estimated 25,000 payments are returned as undeliverable.
  • US Bankruptcy Courts reports approximately $200 million dollars is waiting to be claimed.
  • Class Action Lawsuits have generally 95% of the funds as unclaimed.
  • Savings Bonds show an estimated 40 million savings bonds have gone unredeemed, equaling an estimated $16.5 billion dollars.
  • Life Insurance reveals there is approximately $1 billion dollars unclaimed due to lost or unknown policies.

Lost assets can be found in the most unlikely places.

In an Oklahoma News 4 report, the Oklahoma Corporation Commission spokesperson Matt Skinner said, “You were someone who had an ancestor who owned minerals in 1910, [and] that’s still the name on the minerals, then if you can prove those minerals were part of an estate that came to you, you would get the money that is in the fund.”

For any given property, there might be dozens, sometimes hundreds, of oil and mineral owners. Much of the time, people are second and third generation and the original rights are still in the parents or grandparents names who have passed away.

While each state maintains their own database, the resources to find the owners of the property are minimal, even nonexistent. Some states advertise on their websites and others in the local newspapers. Clearly, with only 5% return on total lost assets, these methods are not effective.

With the lack of a national database, finding lost assets can be difficult for most individuals and makes it necessary to find help.

Finding Heirs

Prior to turning over unclaimed property to the state as required by law, businesses or holders of lost funds may conduct due diligence and often hire companies, referred to as heir finders, to assist in finding the rightful owner of unclaimed assets.

Most states require heir finders to be licensed private investigators to protect consumers.

One may think they don’t need a private investigation firm to represent them; however, there are many benefits to hiring a private investigator to locate lost assets. Experts say it is beneficial to work with professionals who are familiar with specific state laws where the property is located and the ability to obtain procurement of documents and certificates while working efficiently for the client.

Rain Lauth of Lauth Investigations International Lost Assets Division, specializes in finding lost assets and works closely with local, state and federal agencies to provide assistance to consumers, stresses the importance of working with licensed private investigators when searching for lost assets and filing claims for ownership.

“They will be familiar with all the forms that will be filed, the proper identification, probate laws, court properties, co-claimants, death certificates and other required information,” says Lauth.

Lauth Investigations has returned over $15 million to rightful owners since 2013 with an overall success rate of 98% on all claims.

 

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“We take great pride in working with our clients in a caring and professional manner,” said Lauth. “Often the process of locating and claiming lost assets can be an overwhelming experience, but with our extensive resources and a highly skilled team, we diligently seek to make the process of documentation of ownership a painless experience for our clients,” added Lauth.