Even if you’re not a fan of Fox’s successful prime time drama, Empire, you’re likely aware of the name Jussie Smollett by now. Smollett has come under fire in the media and on the internet for his allegedly false account of a racially-motivated attack against him in January, where he alleged two men attempted to strangle him and pour bleach on him. When the story first broke, it was shaping up to be a watershed moment in conversations about how the current administration is affecting race-relations throughout the country. After law enforcement conducted an investigation into his version of events, they’ve released statements that Smollett may have hired the men responsible to help him stage the attack. The case has created divisive new conversations about the United States’ current political climate, but is also prompting career investigators to highlight the importance of thorough and diligent fact-finding in the early stages of any investigation—especially within corporations.
Conducting an investigation with unimpeachable integrity is very similar to building a structure ready to withstand natural disasters. Laying a firm groundwork from the moment of the intake narrative will set an impregnable foundation allowing investigators and support staff to develop strong leads. Investigators must be prepared to ask every question—albeit inane or delicate—in order to ensure they are getting all of the existing, relevant information on the case. This is a process called fact-finding, in which a victim or witness’s statement is documented and entered into record, thereby allowing investigators to thoroughly vet every aspect of their statement. Were they in fact present when the incident took place? Can they accurately describe the alleged perpetrator? Is their story consistent across multiple iterations?
As is the case with any investigation, operatives are racing against the clock. With time, witnesses’ memories fade and witnesses themselves disappear, having relocated or simply left town. As time goes by, evidence is eroded, eventually disappearing, eliminating the leads they might have developed. This is why thorough fact-finding is so important, because investigators who are operating off false or inaccurate leads can lose days or weeks on a case as they chase a lead that will eventually come to no end. While investigators chase those dead leads, the truth about what actually occurred dissolves into obscurity.
Investigators in the Smollett case were able to vet his account of events and discover there may be more to the story than meets the eye. The case was not an isolated incident of allegedly false accusations having major consequences for the parties involved. Regardless of why an individual would make false accusations—whether it was with malice or simply a mistake—these circumstances could occur in many areas of life that could be devastating to both individuals and corporations.
Allegations of misconduct in the workplace immediately come to mind. Whether it’s allegations of theft or sexual harassment, these are the kinds of cases where it’s crucial to have the intake narrative well-documented, with detailed first accounts from all principles on the who, where, when, how, and why in any series of events. Cases regarding misconduct in the workplace have a higher chance of being litigated following the completion of any investigation, usually through civil and wrongful termination lawsuits.
A thorough and diligent private investigator is an invaluable asset to both sides of any investigation, as they are an independent third party and do not have a stake in the outcome of the investigation. Any fact-finding performed by an objective third party stands up to a much higher degree of scrutiny by the opposition. Investigators who are directly employed by any parties in either side have a lot to lose if their employer faces ruin following a lawsuit.
Which brings us to another issue in handling the fact-finding internally. Internal investigators can have a variety of qualifications depending on the corporation’s procedure. It’s true some businesses have licensed investigators on retainer to assist in regular operations, like a business who hires a private investigator to run a background check on a candidate for an upper management position. However, depending on the size of the company, the investigating party in some corporate crises is just the head of Human Resources—who might then be supervising other subordinates to do the legwork. Human Resource managers are invaluable employees who keep businesses running like clockwork, but this does not necessarily qualify them to conduct an investigation in every possible scenario, such as investigations requiring surveillance, undercover work, or properly documenting any evidence that might be recovered. This kind of oversight can have disastrous consequences in the later stages of an investigation, or even in a court of law. The opposition’s case is strengthened when there is evidence an internal investigator has not done their due-diligence.
Corporations of all sizes, trades, and levels of notoriety experience crises throughout their history. When disaster strikes and the stakes are high, it’s important to retain the services of a qualified, licensed, private investigator to begin an investigation. It’s not uncommon for a private investigator to be hired on after internal investigators have already made an attempt. It’s best to start strong, with due-diligent service from a seasoned external investigator to lay an impenetrable foundation for a thorough investigation.
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.
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.
Unfortunately, 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.
Unfortunately, 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.