by admin_lauth | May 12, 2010 | Private Investigations News
From missing loved ones to marriages gone wrong, there are a number of reasons why one should hire the services of a qualified private investigator. Don’t make the mistake of trying to do this work yourself! Here are the top five reasons on why a private investigator from your state:
1.) Avoid Danger. By putting yourself in the position one needs to be in to be a private investigator, you are exposed to grave danger. This is because you are unlikely to know how to master the art of surveillance or counter-surveillance – a sure way to get caught early in the investigation. Secondly, the subject you are following may realize your presence and may respond with violent behavior.
2.) Skill and Experience. It is likely that your skills will not match those of a good private investigator. Although the role may look quite easy on television, private investigation is a real art form that requires the utmost dedication and training. Private investigation is much more than simply following a car and taking photographs. Additionally, private investigators of today need to know how to: use overt and covert cameras to their ultimate advantage; install and download GPS tracking devices; use trace mail systems; use the Internet to obtain information; and most importantly, undertake threat assessments and risk management profiles. They also must think many steps ahead in regards to the investigation, and be versatile enough to not only change clothing and/or appearances during the course of surveillance, but also their vehicles.
3.) The Art of Investigation. The work involved with investigation is not simply asking a lot of questions. Although interviewing is a crucial skill for a private investigator in Connecticut and other private investigators to have, more importantly is the manner in which the private investigator asks these questions. For instance, a private investigator may use different probing techniques, or ask certain open-ended questions that will provide leads and answers. Several investigations of today require knowledge of forensic accounting, or, in other words, following a paper trail and discovering the stages of a fraudulent transaction.
Private investigation work also involves highly specialized and often expensive equipment.
4.) Knowing the Law. A professional private investigator is highly familiar with laws and abiding by them. He or she will know the proper way to gather evidence for possible court proceedings, and will never take the risk of losing evidence or disregarding court evidence rules. Police and properly registered private investigators are also the only people that are exempt and allowed to follow individuals and record their movements.
5.) Time and Evidence. As we can all imagine, the time it takes to do the work as a private investigator in Connecticut and other states is considerable. Private investigation is a full time job, and unless you are willing to devote that much time to it, it is very likely you would be able to adequately handle all of the obligations necessary for carrying out the investigation.
And even if you did spend an enormous amount of time on the project, you may come to find out that it was wasted if none of the evidence you gathered is admissible in court. The money you would then have to pay for an attorney could have been invested wisely into the services of a professional private investigator.
by admin_lauth | May 11, 2010 | Private Investigations News
Many advancements of our society made in the high tech field of technology have provided many conveniences for all of us in one way or another. However, for some people there is also a lot of heartache that comes along with some of these advancements. One such example is when innocent partners have to catch a cheater because of unfaithful practices in engaging in online infidelity on the family’s home computer. This is generally done when a spouse or partner goes behind the back of their innocent counterpart to secretly register on social networking sites such as Facebook, Myspace, and other dating sites found on the web with the intentions of online infidelity in mind.
The worst part about shady behavior on the Internet is it not only affects innocent partners and causes them to catch a cheater, but when serious problems arise in the relationship over online infidelity, it also has an impact on the couple’s children.
It is no wonder that online infidelity causes concerns for a majority of individuals today, especially when you consider that many of them have no choice but to catch a cheater because up to 2.7 relationship end up being affected by the devastation of problems cause by social networking sites on the web.
Just like continuous changes made in the field of technology, countless private investigators have also made many advancements in the services they provide to innocent partners that would like to catch a cheater. For example, one very helpful service they provide to individuals that have endured painful situations of a cheating partner can benefit largely from an online infidelity investigation. All this service requires is providing the PI with the suspected partner’s email address. Then, it can be matched up to thousands of online social networking sites where your spouse may have registered and become an active member. In the case that an individual suspects a problem with porn, escort, and cam sites, an online infidelity investigation that concentrates on these types of social networking sites is also available. After these investigations are performed, you are then supplied with links to any websites that your spouse has become involved in behind your back.
Just as with any other type of professional that you select to perform a service, it is also important to ensure that the private investigator you hire has an extensive knowledge in performing the services on online infidelity investigations. This will ensure that you are able to catch a cheater and obtain the most successful results.
by admin_lauth | May 5, 2010 | Private Investigations News
A leading private investigator explains how many women are taking action to catch suspicious spouses in the act.
“Cheating husbands are still a hot topic in the media,” says Christopher Paoletti, Founder and President of Infidelity Investigations (http://www.infidelitypolice.com), a Connecticut private investigation firm that specializes in infidelity cases. “As a result, many women that have long suspected that their husbands were cheating are now taking steps to find out if their suspicions are true.”
According to Paoletti, the best way for a woman to determine if her husband is cheating is to collect as much evidence as possible.
“Gathering the necessary evidence of infidelity not only helps a wife to understand the true nature of her marriage,” says Paoletti, “but it is that evidence that will be necessary if divorce is a consideration.”
Paoletti says that it is the evidence of infidelity that can be critical to a women’s success in obtaining a fair settlement. Gaining factual, legally viable evidence of an affair, he says, is not only necessary, but it can give a woman an advantage.
“This is why hiring a professional private investigator to do the job is a good idea,” says Paoletti.
For the wife’s part, Paoletti suggests that she leave the evidence gathering to the professionals and keep a journal of any suspicious activity.
“Women seem to have a sixth sense about infidelity, so once a wife begins to suspect, they should start writing down those suspicions,” says Paoletti. “We tell our clients to give as much detail as possible about why they suspect that an affair is taking place and take notes that include any strange behavior with times, dates and observations.”
Paoletti suggests that the wife makes sure to keep the journal hidden by asking a friend to hold onto the journal for her.
“The longer that a woman is able to keep her suspicions a secret, the longer she will be able to garner evidence,” says Paoletti. “Letting the spouse know of any suspicions may cause him to change his routine, which makes gathering evidence harder. Of course, it is advisable to involve a professional private investigator as soon as possible, to be sure that all bases are covered.”
Established in 2001, Infidelity Investigations is a bonded, fully insured and licensed private investigation firm in the State of Connecticut, specializing in infidelity investigations, surveillance, background investigations, attorney investigation services, and GPS tracking. For more information, call 203-268-6319 or visit www.infidelitypolice.com.
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by admin_lauth | May 5, 2010 | Private Investigations News
Last month’s deadly Lake Street fire was an accident, but investigators couldn’t find the cause. Private investigators will take over now.
The fast-moving fire that killed six people in a Minneapolis apartment on April 2 was an accident, not a criminal act, but local and state fire investigators couldn’t determine how it started.
The official cause of “undetermined” in the city’s deadliest fire in a quarter century came Tuesday after weeks of investigation of the gutted apartments at 3001 E. Lake St. and laboratory analysis of evidence. Minneapolis police said little else about what investigators learned, but they said the finding marks the end of the active government probe.
Still, private investigators hired by attorneys will continue the inquiry and may ultimately reveal how a fire flared up in a corner apartment and killed the tenant and five guests. Fire investigation experts say it’s typical for investigators working for insurance companies, victims and other private parties to take over after suspicious causes are ruled out.
Minneapolis police Sgt. Bill Palmer said that no accelerants — one indicator of arson — were found in the area where the fire started. Last month, the fire department said the fire broke out in the second-floor apartment of Ryan Richner, a bartender who worked in McMahon’s Irish Pub on the first floor.
Also killed were Andrew Gervais, his three children and his mother, Anne Gervais; all were staying overnight in Richner’s apartment.
Denise Schmidt of Long Prairie, Richner’s mother, was deeply disappointed with the failure to determine a cause.
“I need a reason or something to focus my anger,” Schmidt said. “Why did it happen? Why did my son die? Why is the Gervais family gone? It would be nice to have a reason.” Her son’s funeral was Friday.
The Hennepin County Medical Examiner found that Anne Gervais died of smoke inhalation and the others died from smoke inhalation and burns. The building owner and families of the deceased all retained lawyers as part of the private investigation.
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by admin_lauth | May 4, 2010 | Private Investigations News
Patient privacy is no doubt paramount in any physician practice. But when a subpoena suddenly is thrust into the physician-patient relationship, doctors may find themselves caught between the law and their privacy obligations.
The Cleveland Clinic in Ohio found itself in such a predicament when it agreed to turn over a patient’s records in response to a grand jury subpoena in a criminal investigation.
The U.S. District Court for the Northern District of Ohio, in a Feb. 1 ruling, said that more stringent state privacy standards superseded the hospital’s obligations to comply with the subpoena and related disclosure requirements under the Health Insurance Portability and Accountability Act. The ruling allows a patient to sue the hospital for invading his privacy.
The Cleveland Clinic declined to comment for this article.
The subpoena request was prompted by a criminal investigation of James Turk, a private investigator and former police officer who was indicted in June 2007 for carrying a concealed weapon and having it despite an alleged drug and alcohol dependency, according to court records.
Turk denied wrongdoing, and a jury acquitted him of some of the weapon charges in November 2008, while other claims were dropped.
As part of the criminal proceedings, the Cuyahoga County Court of Common Pleas, on behalf of the police department, issued a grand jury subpoena to Cleveland Clinic for Turk’s medical records. The request included information about any treatment for drug or alcohol abuse as well as any mental health counseling Turk had received.
The hospital complied with the subpoena and turned over the information to a police officer involved in the case. That prompted Turk to file suit against the Cleveland Clinic in 2009, claiming the hospital invaded his privacy and negligently disclosed his private medical information without proper authorization.
Turk alleged primarily that the release of his confidential records violated the state’s physician-patient privilege statute, which, with limited exception, protects medical information from public disclosure without patient consent.
But the Cleveland Clinic argued in court documents that the case should be dismissed because the clinic was responding to a grand jury subpoena.
Because such proceedings are conducted in secret and any information shared is kept confidential, the hospital said its production of Turk’s records did not constitute a public disclosure that violated the physician-patient privilege.
The Cleveland Clinic also contended that the records were necessary to further the state’s interest in fighting criminal activity.
Furthermore, the hospital pointed to a specific exception under HIPAA authorizing the disclosure of a patient’s medical records in response to a grand jury subpoena.
No exception
But the court was not persuaded, saying Ohio’s privilege statute contained no such exception. The court refused to dismiss the case, which could go to trial. The case likely will proceed in federal court because it involved a mix of state and federal issues related to Turk’s arrest.
U.S. District Court Judge Kathleen M. O’Malley noted that the state law did include limited exemptions allowing law enforcement in certain circumstances to obtain private patient information as a part of criminal investigations. That could be allowed, for example, if the case was against a physician or to get test results to determine the presence of drugs or alcohol in a patient’s blood.
The privilege statute also permits disclosure if:
* The patient or a guardian gives consent.
* The lawsuit is filed by the patient.
* The action involves court-ordered treatment.
Otherwise, it was up to the Legislature, not the courts, to create any additional exceptions to the privilege protections, O’Malley said, adding that the Ohio Supreme Court has repeatedly refused to do so.
As for HIPAA, the court recognized that the federal privacy statute does explicitly authorize the release of patients’ medical records in response to a grand jury subpoena, as well as other law enforcement requests.
But it also noted that the federal law does not preempt more stringent state standards. Because Ohio’s privacy protections — which did not allow for grand jury disclosures — were broader than those mandated by HIPAA, the state law prevailed, the district court found.
The judge added that both the state’s interest in investigating criminal activity and patients’ interests in medical records privacy were worthy of protection. But “if the right of confidentiality is to mean anything, an individual must be able to direct the disclosure of his or her own private information,” the court said, citing earlier Ohio court precedent.
Because Turk was given no notice of the grand jury subpoena, however, he had no chance to object or respond in any way to the records request, the judge noted. Nor was there any attempt to narrowly tailor the inquiry to the scope of the criminal charges.
The court concluded that the state’s interests were not enough to outweigh Turk’s privacy rights.
“While it may be more efficient for a grand jury to be permitted to obtain an individual’s medical records … giving law enforcement unbridled access to medical records could discourage patients from seeking medical treatment,” O’Malley wrote.
Legal experts said the case is an important wake-up call for physicians who may think they are doing the right thing when law enforcement comes knocking, and they warn that doctors should take note of the interplay between state and federal law.
“HIPAA sets a floor, not a ceiling, and this case is a classic example of that principle,” said Peter Leininger, a health care lawyer in Fulbright & Jaworski LLP’s Washington, D.C., office. “You’ve got to check state law, too. Simply complying with HIPAA is not always going to be enough.”
State and federal privacy laws vary as to what types of medical information can be disclosed and when, said D.C.-based health privacy lawyer Marion K. Goldberg. But such statutes generally strive to find a balance between impeding a lawsuit and protecting patient privacy.
State law may specify, for example, that certain sensitive information related to drug or sexual abuse or HIV status generally remain privileged, said Goldberg, a partner with Winston & Strawn LLP. But if there is an ongoing crime, such as domestic violence, or an impending danger, documents that are otherwise off limits may be accessible.
State laws also may have different definitions as to what constitutes medical information, Goldberg said. She noted, for example, that the Ohio court found no privacy violation when the Cleveland Clinic gave police only the names of Turk’s doctors, before the subpoena for more detailed information was issued. The court said state law did not consider names to be privileged medical information.
However, disclosing even names “may be enough to create an issue under HIPAA,” Goldberg said. “Suppose the name of the doctor they gave out was a psychiatrist … or a subspecialist in drug and alcohol abuse. Wouldn’t that tell us something?”
If doctors are faced with a disclosure request, “as a caution, you have to look at the type of record being subpoenaed and what state and federal laws are regarding that type of record. Then you have to comply,” Goldberg said.
What doctors cannot do is ignore it, experts warned. Violating a subpoena or court order carries penalties, they said, ranging from contempt of court to fines, even jail time.
On the other hand, state law may permit patients to sue over improper disclosures, Goldberg said. While HIPAA precludes such private actions, it does allow patients to complain to the government, which can impose financial penalties for privacy breaches, she added.
But physicians also have the right to contest a records request on behalf of their patients or to ask a judge for further clarification, experts said.
There are ways to work with the courts or parties involved to alleviate confidentiality concerns, while providing the information sought, Leininger said. For example, state law may prohibit certain disclosures under a broad subpoena, but allow for a more limited, protective court order.
Nevertheless, when in doubt, consult a lawyer, Goldberg said, “because you can get caught, and that’s really the lesson in this.”
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