Common reasons for utilizing a private investigator for background checks and asset searches:
Hidden Asset Investigations in Divorce, Child Support, and Spousal Maintenance Cases
Commonly, when facing divorce or child support obligations, an individual will claim fewer assets in an effort to pay lower payments. In addition, many claim they have no assets or income in order to collect more. This is why a comprehensive hidden asset search conducted by a licensed private investigator can help individuals provide proof so the court may make an informed decision in your case. A private investigation can uncover assets that people can go to great measures to hide.
For example, an entrepreneur husband who owns a business and several properties, but when faced with paying child support for three children claims his income is near the stated poverty level for the Department of Labor statistics. In this case, responses to interrogatories and or court testimony can also be challenged by a licensed private investigator that can search for inconsistencies in either.
A comprehensive Asset Search can produce such things as:
Moved assets to relatives, friends, or business partners
Bank Accounts balances
Concealed corporations
List of creditors to include overpayments
Residential and commercial property
Equity in real estate
Vehicles, both personal and commercial
Tangible property
Lifestyle Intelligence
Stocks, bonds, and annuities
Life insurance
Employment and wage approximation
Additionally, when an individual claims they are not employed and unable to pay child support or spousal maintenance, an asset investigation can determine the individual’s employment eligibility. A hidden asset search can include interviewing friends, business partners, and associates to determine if the individual is being truthful in an asset disclosure. Court can be a very lengthy process, and appeals can take years. This is why we recommend hiring a private investigator to work alongside your attorney to ensure proper disclosure the first time around.
Background Investigations
Background checks can be requested for various reasons such as employment screening, commercial and consumer credit, tenant screening, and during divorce or child custody disputes. Background checks can be used to determine resident address, recover police reports and criminal records to uncover court documents such as charging information, probable cause affidavits, and case histories and as well civil records such as protective orders, tax liens, judgments, divorce and other civil filings, also including, place of employment, motor vehicle records, judgments, tax liens, and other critical information.
During child custody and divorce dispute, private investigators play an important role in keeping children safe. Conducting a background check on anyone that will be in the in a caretaker role or in the company of the child on a regular basis, a background check can identify who may be a danger to the child. Background checks performed by a licensed private investigator specializing in child custody investigations can determine subjects who are with the child or children of the mutual parties in litigation, such as roommates, new girlfriends, and boyfriends. Background Investigations are an affordable way to determine if additional investigative service may be required.
Due Diligence and Corporate Asset Searches
When judgments are served on a corporation, debtors can go to great lengths to attempt to conceal assets. You will find companies changing their names, investments moved, hidden bank and savings accounts, real estate transferred, trusts established to mask assets, and more. The same can occur when an individual or corporation is ordered to repay a loan.
Private investigators use the latest technology and resources to conduct bank searches, discovery of investments and identify liquid assets.
Lauth Investigations Due diligence and corporate asset investigations can uncover:
Bank Accounts
Financial Profiles
Public Records
Investments
Hidden Cash
Vehicle ownership
Identify business and associate relationships
Other public records
Ability to repay loans
Misuse of funds
For more information on corporate asset searchers for your company please review Lauth Investigations site at liixact.com
Pre-litigation investigations
Before investing an enormous amount of time and financial resources into taking legal action, it isadvisable that a clear understanding of whether pursuing a judgment will be worth the time, effort, and resources.
Post litigation investigations
Asset investigations can confirm or refute claims made whether there are assets available as well as determine the period allowed by the state to pursue the assets. This saves a tremendous amount of time and resources after a judgment has been issued in an effort to determine what if any assets can be attached for payment.
Thomas Lauth, owner of Lauth Investigations International has been in the private investigation business for twenty years working with law enforcement and authorities in the legal system. “As private investigators, it is our job to validate information or uncover inconsistencies that can save everyone time and money, not to mention, lessening the emotional strain for our clients.”
For many years, stories about personal identity theft have permeated the daily news. We are warned our personal computers and smart phones can easily become the target of phishing and encouraged to maintain the most up-to-date security software on our devices.
According to a 2011 report released by the United States Department of Justice, Bureau of Justice Statistics (BJS), an estimated 8.6 million households had at least one person age 12 or older, who became a victim of identity theft during 2010. The BJS reports approximately $13.3 billion in direct financial losses. Understandably, this number increases annually. Experts estimate the current number of U.S. victims to be 15 million individuals annually, and upwards to $50 billion in financial losses.
On December 4, 2012, the Identity Theft Assistance Center (ITAC), issued the Child Identity Fraud Survey Report reporting theft of children’s social security numbers are the most commonly used piece of information of identity thieves targeting children. The report also identifies some victimization occurring within the children’s own home by their own family members. ITAC have been reporting increasing incidents of minor identity theft where identity thieves combine a child’s social security number with a fictitious date of birth, creating a new “synthetic” identification that authorities claim is very difficult to detect.
While some criminals steal wallets, mail, and rummage through garbage bins, the 21st Century criminal has advanced using technology to infiltrate our homes, corporations, and government offices for personal information. We are now hearing more and more instances of government and corporate databases that have been lost, stolen, breached, and even sold.
From AOL, Taco Bell, Aetna, Google, Twitter, Walgreens, FEMA, and even New York City Police Department, personal information continues to wind up in the hands of criminals. Stories abound about government or corporate entity’s database systems hacked, customer files found in trash bins, employee theft, and even stolen or lost laptops containing personal information of customers and employees. Considering the damage that can quickly follows any incident of identity theft, experts recommend being proactive to protect personal identification.
According to Thomas Lauth, owner of Lauth Investigations International and a respected private investigator with twenty-year’s experience, “One can never be too careful when protecting their personal information”. Lauth warns personal information is used to not only create new identities, but corporations are targeted by thieves to steal trade secrets, sell client data to competitors, to personal stalking, and even murder. He states, “In this day and age, we must not take our privacy for granted and as citizens we need corporate and government agencies to take precautions to handle our personal information responsibly by implementing additional security precautions.”
Some tips to help keep your information safe
– Keep all personal documents, social security cards, and birth certificates locked in a safe place.
– Shred anything with your name and address on it instead of tossing the items into the trash. A crosscut shredder is recommended.
– Never provide a social security number online or over the phone.
– Password-protect or encrypt all personal information on your computer. Maintain up-to-date protection on your computer.
– Do not click on any link sent in an email unless you know the sender. Merely clicking on a link can install phishing and spyware on the computer. Instead, call or personally visit the financial institution or provider to provide information if required.
– Make sure there has not been a Change of Address request placed with USPS. Thieves will commonly attempt to divert mail so they can obtain billing statements and credit card offers.
– When asked to provide personal information by a medical provider, educational institution, utility company, or governmental agency, ask how they will protect your personal information.
– Corporations, educational, medical, and governmental entities are encouraged to contact Lauth Investigations International to find out how they can better protect their client’s information.
About the Author: Kym L. Pasqualini is founder of the Nation’s missing Children Organization in 1994 and the National Center for Missing Adults in 2000. Kym is considered an expert in the field of missing persons and has spent 20 years working with government officials, advocates, and national media. She is also a contributor to Lauth Investigations International serving as the Social Media & Awareness Expert. Follow @Lauthinv
Facing divorce is an extremely emotional event that affects all parties involved, especially if there are children. Divorces can be very emotionally charged, creating feelings of hostility, sadness, resentment, blame, insecurity, and jealousy. Without a doubt, divorce is a life-altering event and rationality does not always play a primary role in the behavior of the parties when experiencing such turmoil.
A “no-fault” divorce is based upon irreconcilable differences and defined as “dissolution of marriage that does not require a determination of misconduct by either party in the divorce,” meaning the petitioner is not required to prove the respondent has committed adultery, domestic abuse, abandonment, felony crime, or similar acts. Prior to no-fault divorces, respondents had been forced to recriminate and participate in a “blame game” prolonging the waiting period of the court’s decision, along with the emotional turmoil all parties experience during the process of divorce.
It is estimated 40-50% of marriages, and up to 60% of second marriages will end in divorce. The most common contributors to divorces are infidelity, accounting for approximately one-third of divorces. Other popular causes are simply growing apart, domestic abuse, financial problems, and sexual discontent, and even interference from family and friends.
As of October 2010, all fifty states and District of Columbia had adopted statutes that recognize a no-fault divorce and enable a court to make a decision without requiring the petitioner to present evidence against the respondent. In fact, according to research conducted by economists Betsy Stevenson and Justin Wolfers, incidents of domestic violence and female suicide have declined with the adoption of no-fault divorces. When mutual consent exists between both parties seeking a divorce, it can end the prolonged suffering of all involved.
Several issues exist that can influence a no-fault dissolution of marriage such as child custody and support, alimony, and the division of assets. When children are involved, allegations of infidelity and child abuse must be considered.
Dissolution and Dissipation of Assets
When adultery occurs in the mix of irreconcilable differences, emotions are at an all-time high but the parties must also consider the effect it can have on the dissolution of the marriage and equitable distribution of assets. When a spouse uses funds for his or her own benefit for purposes unrelated to the marriage while irreconcilable breakdown is occurring, it is termed dissipation of assets. Gambling and drug use can also become a factor when there is intentional dissipation or damage of marital assets. Of course, information relating to such allegations must be well documented in order to substantiate the link between the behavior and the overindulgence or hiding of assets.
Though state laws vary on how courts will determine the timing of wasted assets, an experienced private investigator can identify and document information related to gambling losses, squandered on a lover, criminal activity, and even failure to pay the couple’s primary bills such as mortgages.
When a wife maxes out her credit cards on frequent spending sprees or a husband purchases extravagant gifts for his mistress, a court can take these actions into consideration when dividing property, however these activities must be proven and carefully presented.
The majority of Americans consider infidelity morally wrong and there are still states that consider adultery a criminal offense. Though arrest is highly unlikely in the majority of infidelity cases, proof one party has committed a sexual act for the exchange of money (prostitution), can powerfully influence a court’s decision.
Dissolution and the Private Eye
When considering divorce, information legally collected by a private investigator (commonly referred to as a PI), can be a huge asset. Information obtained during a private investigation can be a strong bargaining tool between parties in an effort to prevent a prolonged and embarrassing court battle, or presented as evidence into court.
When a party going through a divorce is making allegations of misconduct as basis of dissolution of marriage, the incidents of misconduct must be carefully documented to be considered admissible in court. This is when the services of a licensed private investigator can be vital to establishing grounds for the divorce and certainly instrumental to a favorable outcome.
Private investigators have an obligation to those they represent to conduct investigations and surveillance in a legal and ethical manner. When presenting a case to the court it is important to present a true picture that is be presented when such as a comprehensive presentation of assets, spending, any illegal or immoral behavior, acquaintances, or criminal activity.
Thomas Lauth, a twenty-year private investigator, and owner of Lauth Investigations International headquartered in Indianapolis, IN, with offices in Denver, CO, and Phoenix, AZ. Considered an authority in the field of private investigations.
Lauth has specialized client services to individuals facing a divorce. “We recognize divorce can be a traumatic event in the lives of our clients and focus on alleviating much of the stress by collecting the information, conducting surveillance, and properly presenting the information to prevent and even alleviating prolonged stress.”
Author/Freelance Writer Kym L. Pasqualini Lauth Investigations International 201 N. Illinois St., 16th Floor – South Tower Indianapolis, IN 46254
Life can suddenly change and you may find yourself facing a divorce, child custody dispute, cheating spouse, civil or criminal litigation. When life takes a sudden turn, it helps to kick a plan into action as soon as possible. The need for a private investigator arises, when we face the need to collect information that will be pertinent to the outcome of a case or verify information provided. Information must be collected professionally, efficiently, and within the boundaries of state and federal law and requires hiring a licensed private investigator, also commonly referred to as a private detective, private eye or PI. When hiring a private investigator it pays to know whom you are hiring.
Most every state in the U.S. requires an individual to complete a background check and obtain a license to be a private investigator but, in the few states where licensing is not required by the state, anyone can become a private investigator. Working with an inexperienced investigator can create significant liability to a client. Considering this, it is very important for a person to do their homework when hiring an investigator so you get the quality services they are paying for.
Private investigators offer an array of specialized services from background investigations, surveillance, computer forensics, and process of legal service, missing person and homicide investigations, criminal defense investigations and many more, while others specialize in a specific service. Regardless of the type of investigation, it is vital that an investigator be knowledgeable and compliant with state and federal laws that pertain to privacy, legal statutes in relation to medical and financial information, proper surveillance techniques, court procedure, and even victim’s rights.
A multitude of fee-based and free networks or associations are available on the Internet providing names of private investigators and private investigation agencies from state to state. These networks provide assistance in locating a private investigator specific to the service needed or in close proximity to the client, however these networks are not a regulatory agency, and many have no background information on the private investigator. While network services are beneficial and do simplify the search for a private investigator, sometimes network services can pose a problem when a client assumes they are hiring a reputable private investigator. Many networks do not provide investigative services themselves and simply serve as an advertising service not liable for the actions or quality of services provided by those listed. Many networks are simply a marketing tool that only require the private investigator or firm to pay a monthly fee to be listed, and do not verify the private investigator’s “good-standing” with any state regulatory agency.
Due Diligence when hiring a local private investigator:
Request a copy of licensing information and any associations the private investigator is a member.
Request a specific list of services the investigator or agency provides.
Contact your Better Business Bureau and state regulatory agency and inquire if there are any complaints on file.
Ask if they subcontract work out to independent investigators.
Request professional references from the investigator; references can include former clients, associates, and even law enforcement personnel.
Ask to review investigative contracts and retainer agreements. Remember, a written contract protects both the client and the private investigator and identifies the terms of the agreement while minimizing misunderstandings and liability.
Hiring a local private investigator enables the client to have a “one on one” consultation in order to discuss the case, discuss work to be performed, review documents, and verify references. Another major benefit of hiring a local private investigator is the investigators knowledge of the area and critical to conducting an effective investigation.
Having connections is an absolute benefit to any investigation. Knowing the neighborhood, local companies, business owners, residents, and “those in the know” cannot be overstated. Obtaining information from a “trusted source” and gathering information in a discreet manner is more dependable if the investigator is familiar with the demographic and geographic makeup of the area. In addition, it is an assurance a client will receive more personalized service.
Thomas Lauth is a 20-year veteran investigator and owner of Lauth Investigations International headquartered in Indianapolis, IN with additional offices in Colorado and Arizona. Lauth has and his team of investigators has provided investigative services that include skip traces, background checks, private and corporate investigations, criminal defense investigations for the state of Indianapolis, child abuse, sex trafficking, and even high profile missing person investigations.
According to Lauth, the benefits of hiring a “homegrown” private investigation firm are immeasurable. “Most investigations and preparation for litigation creates an emotional environment for those involved,” says Lauth. “As licensed private investigators, it important to be dedicated and it is our duty to represent our clients with the utmost integrity and moral conduct so as not to add to emotional injury.”
Author – Kym L. Pasqualini
Founder, National Center for Missing Adults
Lauth Investigations International, Inc.
201 N. Illinois St., 16th Fl.-South Tower
Indianapolis, IN 46204
Private Investigator, Lauth Investigations can assist with trademark infringement investigation.
Trademarks, also called service marks, are a form of intellectual property. Companies who have developed an idea, product, or design are granted rights to their trademark. Trademark infringement occurs when another company uses the same or similar trademark as another company. Sometimes these duplicates will be exactly the same or they may be subtle. Trademarks must be maintained actively; if not, forfeiture of the trademark will occur which gives copy cats a chance to use the mark legally. However, there is typically a 3-5 year period of nonuse of the trademark before it becomes void. Trademark infringement is becoming more popular, and it is easier to accomplish now that the internet is so widely used. China, Thailand, Africa, and part of the Middle East are known to use trademark infringement on counterfeit goods, and China and Russia are known to ignore trademark laws. It is important to use a private investigator with business law knowledge if you suspect you are a victim of trademark infringement since this is a complicated problem that spans globally. Trademark investigations are performed by specialists or private investigators that have knowledge in business law. Trademark infringement is a crime, and criminal actions and civil litigation can be taken against those who steal the intellectual property of someone else.
(1) Trademark Infringement Trends
While humans have always stolen ideas from others, the new age of trademark infringement started with movies and movies. With the internet, users are able to download pirated material also known as, “bootleg,” versions. Additionally, the internet allows users to buy, sell, and distribute fake or counterfeit movies and music. This is a problem because piracy allows users to download and illegally copy products that have been released without permission of the owner. The victims of these types of crime are producers, musicians, authors, composers, creators, and designers whose work is being reproduced without a profit or recognition.
(2) Trademark infringement really gained the attention of the media with the Napster case in 1999. Shawn Fanning developed a website that allowed users to download MP3’s, many of which were hard to find, through peer-to-peer file sharing. Napster was sued by the Recording Industry Association of America for copyright infringement. The majority of the MP3’s available were pirated copies available to millions of users worldwide. The court ruled in favor of the RIAA, and Napster was order to pay $26 million in damages as well as block access to infringing material on the website. The company could not adhere to these conditions and shut down the site in 2001. The company went bankrupt in 2002, and was recently bought buy Best Buy in 2008 for $121 million.
(3) The future of trademark infringement will depend on technology. With I-Phone applications and mobile devices, infringements upon corporate trademarks are bound to happen. There is speculation that augmented reality technology will lead to trademark infringement lawsuits. This new technology uses new media advertising that allows images and logos to become triggers for 3D experiences on mobile devices or computers. This could be a problem because these experiences could turn company’s own logos against them, and these companies have the right to protect their image and brand.
(4) With companies now resorting to social media for promoting their business, this can also lead to problems for copyright infringement. Facebook allows vanity URL’s, www.facebook.com/your.company.name, which may allow unauthorized users to obtain a company’s vanity URL and their trademark. Facebook applications may also misrepresent a company or its trademark by misleading someone to believe the company is sponsored by the application. Fortunately, Facebook has a reporting procedure that allows companies to report trademark infringements, and Facebook will disable access to the imposter site. However, since Apps are hosted on developer sites, the company must notify the infringing site itself to engage in trademark disputes.
(5) The alarming and dangerous trademark infringement trend is counterfeit pharmaceuticals. These drugs are illegal and are fake medicine. The medicine could be contaminated, contain the wrong or inactive ingredient, or the wrong dose. The counterfeit drugs look very identical to the legitimate drugs and their trademarks. These medicines are dangerous and could be harmful to health. The FDA, along with private companies, monitors these illegal drugs in order to prevent their use in the US. Due to strict guidelines by the FDA, counterfeiting drugs occurs less often in the US compared to developing countries. The extent of the problem worldwide is unknown since it is difficult to detect and investigate, but the WHO estimates up to 30% of drugs in developing countries may be counterfeit. The FDA is paying close attention to counterfeit drugs because it is a lucrative business. With the current economy and high price of medications, more counterfeit drugs are likely to be produced especially with new technology and the internet. Buying drugs over the internet can be risky because the pharmacy providing the drugs can be located anywhere in the world. In order to verify the safety of prescriptions online, use a site with Verified Internet Pharmacy Practice Sites (VIPPS) seal. This means it is a licensed pharmacy where FDA-approved drugs can be purchased. According to a report by Sarah Everts, it is estimated that in 2010, profits for counterfeit pharmaceutical drugs was around $75 billion.
Famous Trademark Infringement Cases
* (6) Facebook V. Lamebook:
Lamebook is being sued by Facebook for “attempting to build a brand that trades off Facebook’s popularity and fame.” Lamebook is a humor site that displays hilarious postings of Facebook users anonymously, and claims they are within their 1st Amendment rights. However, Facebook believes their site does not meet the standards of a parody site and should not be protected. This isn’t the first trademark dispute Facebook has been involved in, and they tend to pressure sites to change their names if the word “book” is involved in any way.
* (7) Red Bull V. Bull Fighter
Red Bull FZE in Austria won a case against a local importer who was selling a similar competing product called Bull Fighter. Red Bull claimed the product mislead customers into thinking Bull Fighter was a Red Bull product or endorsed by Red Bull and even had a similar name and packaging. The court ruled in favor of Red Bull and believed the competitor was intentionally trying to profit off of Red Bull’s marketing and reputation. The local importer was fined AEC 15,000.
* (8) Starbucks V. Shanghai Xingbake Coffee Shop
The American coffee company, Starbucks, has won a lawsuit against the Shanghai coffee shop. The Xingbake Coffee Shop used a similar name and logo and must pay Starbucks $61,956 in damages. The Chinese coffee shop’s name translated to Starbucks, and the company is forced to stop using the name and logo. This isn’t the first time Starbucks has encountered trademark infringement as they previously won a case against an individual in Russia who tried to register their name and logo.
* (9) Adidas V. Payless
Adidas won a case against Payless in a federal court in Portland. Payless was found guilty of infringing upon Adidas America’s Inc. 3-stripe trademark logo. As a result, Payless must pay $304.6 million in damages to Adidas.
Deterring Trademark Infringement
(10) When you believe you have an idea or design you would like to eventually use, file “an intent to use” trademark application. This reserves your trademark, but it will not be officially registered until it is used commercially.
If you believe someone is using your trademark, send them a “cease and desist” letter after consulting with a lawyer. If they continue to use your work after receiving the letter, you can then file a lawsuit. Sometimes money damages are awarded to further discourage the offender from using the registered trademark.
(11) If you are not sure whether someone is infringing upon your trademark, hire a private detective to investigate the matter. These issues are often complex, and private investigators often have a team of consultants who have experience in business law. They will thoroughly investigate the situation and determine the appropriate course of action for you to take.
Remember, the best way to prevent trademark infringement is to register you mark, and monitor any suspicious activity that is not authorized by your company. Sometimes infringement is small, such as a change in one letter in the spelling, or other times it is blatant, such as using your mark entirely. If you notice any unusual promotion of your mark, contact a private investigator.
Please contact Indianapolis Private Investigator, Thomas Lauth for further information Call 800.889.3463. www.lauthinveststg.wpengine.com
Conduct audits quarterly. Even in the best run companies, mistakes happen. Regular audits help control the checks and balances.
Routinely review returns, financial statements, journals, etc. Ensure all the proper information is filled in completely. Never be afraid to ask questions and control the response time to answers.
Be knowledgeable of every facet of your business better than your most experienced employees. Never act like your too good for any job. Take time to work side by side with your employees frequently at every job position.
Make it a practice to always be the one to sign the checks. Never hand any employee a blank check (even someone you trust). Understand that everyone goes through hard times. Simply provoking opportunity leads to disaster.
Follow your gut. If you believe something is wrong, you’re probably right. Don’t wait too long to investigate for information is often subverted shortly after a theft.
