It is estimated 30% of employees steal from their employer.
Most of us have dealt with a thief during our lifetime. Devious and sneaky, some thieves behave as if stealing is an art. It is usually a theft exposing them; however, many times, they can strike numerous times before getting caught. When theft happens in the workplace, it can not only be a costly lesson but the cause of a business failing.
An estimated 30% of employees steal from their workplace affecting all types of businesses. For instance, if you are running a restaurant with $1 million sales annually, at only 4% theft within the company, your company would be losing $40,000 a year!
Employee theft costs U.S. businesses over $200 billion in annual losses. Not only are companies trying to prevent the public from stealing items, inventory, assets, and ideas from a business, they must also combat thieves on the inside. Unfortunately, 75% of employee-related crimes go undetected.
Theft can take many forms, such as: stealing money, embezzlement, unauthorized use of business or customer identity, and theft of intellectual property, such as cases of patent or trademark infringement.
Combating Theft is Knowing How Employee Theft Occurs.
Cash
Employees who have access to a cash register is the most common way employees steal from companies. If unsecured, petty cash drawers or boxes, can be an easy target for thieves.
In addition, an employee can quote a higher price than the actual price of an item and keep the difference at the point of sale.
If employees have access to credit card information or checks, theft can happen as easily as sticking a few checks inside a folder, costing the owner thousands before it is detected.
Checks and Fraud
Most banks do not verify a signature on a company check making it very easy to sign and cash a check.
Credit card fraud is a number one threat to companies and consumers because most credit card holders admittedly do not check each line item on their credit card statement.
According to the U.S. Small Business Administration (SBA), companies with less than 100 employees, lose approximately $155,000 as a result of fraud each year, a much higher rate than large companies.
Payroll
Employees may often perform actions and falsify records for work they didn’t do, such as requesting reimbursement for travel and other expenses unrelated to work. Employees may also set up fake payroll accounts for workers who have been terminated or retired. Creative thievery abounds.
Time Sheets
Time theft or “Buddy Punching” is a very popular way timesheets may easily be falsified. Individuals complete this theft by having one employee punch another employee in or out for the other.
Excessive breaks, malingering, surfing the Internet, chatting with employees or taking personal phone calls are other ways time theft occurs. While some of these things may not at first be thought of as stealing, all these actions, or inactions, can affect the bottom line and be taking advantage of an employer.
Vendor Accounts
Thieving employees will set up fake vendor accounts, submit phony invoices and issue checks for the false vendor. These checks can then be signed over to themselves and deposited. In addition, a variation would be paying a vendor $500 and writing a check to themselves, expensing the entire $500 to the vendor.
Merchandise
Loss of inventory can happen in the merchandise distribution process but can also happen before merchandise is made available to the public. Many times, employees will take items from a warehouse or newly arrived items before they are scanned into inventory software. Employees have even been known to steal entire shipping trucks containing merchandise headed to their employer’s company.
Supplies
Some employees steal smaller items such as typical office supplies, but furniture and equipment are not off limits for a thief.
Information
Many employees steal information to benefit themselves or a competitor. Types of information include: office memoranda, proprietary products, customer lists and/or other confidential data. Theft can occur by email, printing, or copying information to a flash drive or cell phone, or simply carrying it out in a purse or folder.
Sometimes, theft can be subtler, such as luring customers away, purposefully providing poor service, even spreading rumors to damage a company’s reputation and cause a down-turn in business. All are considered losses.
While there are ways to combat theft within your company, ultimately identifying the thief before they are hired is the most effective way to reduce the occurence of theft.
The SBA recommends: “One of the first steps to preventing fraudulent employee behavior is to make the right hiring decision.”
Background checks are a good practice for any employer, large or small, especially for those employees who will be handling cash, high-value merchandise, or have access to sensitive customer or financial data.
For over twenty-years, Thomas Lauth of Lauth Investigations International has been working nationwide and helping educate employers on methods used to combat theft.
“The first and most effective way to address theft in the workplace, is to conduct an extensive background check,” says Lauth. “A background check can provide insight into an individual’s behavior, character, and integrity.”
Which Types of Background Checks Should You Conduct?
According to the U.S. Chamber of Commerce, upwards to 30% of business failures are caused by employee theft. Thus, conducting effective, extensive background checks helps to mitigate your risk of hiring objectionable or even dangerous employees.
Not all background checks are the same. As you build a profile of your future employee, there are several kinds of background checks you should consider. For example, a criminal background check is different than checking on an individual’s credit score or military service, these require consent. A criminal background check does not require consent; however, some states have laws restricting how you use the information collected during a criminal background check.
Private investigation firms like Lauth Investigations offer complete background checks while helping you comply with the law.
Protecting Your Legal Liability with Background Checks
Smaller businesses often forego background checks for two reasons: 1. A false sense of trust and security developed by business owners working too closely with employees. 2. Most businesses do not understand the legal liabilities associated with the failure to conduct employee screening and background checks.
Any business where employees provide a direct service and interact with customers, such as contractors or daycare providers, is liable if an employee does harm to a customer and the employee has a history of wrongdoing.
A company, big and small. may not recover from this kind of lawsuit.
Choosing the Right Company to Conduct Background Checks
Protecting the interests of your workplace and customers while reducing potential liability is of utmost importance; therefore, it is vital to select a company you can trust to conduct the background screening both efficiently and thoroughly.
While employers can do some background checking of their own, working with an experienced and reputable company can ensure the reliability and thoroughness of the background screening.
Purchasing instant public records found online is not appropriate for conducting potential employee background checks. Most certainly if your hiring decision is based on tpublic record data, your company could land in hot water.
Most public databases do not fact check, clean up or refresh their data providing completely different information than received from an investigative firm experienced in conducting professional, legal and full background screening.
Private investigators have access to databases to determine if a potential employee has a criminal background.
A reputable company providing background screening services will ensure the information you receive is current and accurate.
If a hiring decision is made based upon information found in the background check, in most cases, the company must inform the potential employee of the source used to obtain the information for the background checks (which is where using public databases can get your company in legal trouble).
What can you expect from a professional background check? According to Lauth, it’s all in the details and you pay for what you get. If you want detailed, accurate information, you will choose a Private Investigation Background Search.
Unlike a personal background search using public databases, private investigators have access to several databases providing a variety of information.
Employment history: This search will bring up employment records to include all positions held, making it easier to find discrepancies in a resume. It will also include salaries associated with the positions.
Academic and professional affiliations: Qualifications to include academic history and certification, even if the person did not complete the program.
Criminal records: Including a detailed outline of all criminal activity from traffic warnings and tickets to arrests and convictions. Also, these include jail time served and fines paid.
Financial Standing: Reflects all liens, judgments, bank accounts, current and previous property ownership, repossession of vehicles or other personal property, NSF checks and bankruptcies.
In addition to the typical information received through a personal background check, a private investigator will include:
Worker compensation claims an individual has filed. This can help determine the character of an individual by looking at the number of claims they have filed which could reveal a person is dishonest and fraudulent.
Ascertain causes of accidents or any criminal activity. DMV reports will show accident dates and basic information but do not reflect the cause. Private investigators can provide the cause behind the accident and whether criminal activity was involved.
Information on business and personal partners.
Analysis of all findings.
Relying on an Internet search is risky. A professional background screening will be more in depth than simply entering a name in a database. When a company’s future is at stake, the only way to go to obtain concise information needed to make informed decisions is a professional, private investigations extensive background check.
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.
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.
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.
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.
Written By: Kym Pasqualini, Feature Crime Writer for Lauth Investigations
When we think of a spy, given the national news cycle, it may conjure up thoughts of Russians or the Chinese who have been long known for hacking and espionage. However, even more common, but much less talked about, is the business mole, and almost every business in America is susceptible.
Every business sector is vulnerable to Corporate Espionage costing businesses billions of dollars per year.
April 10, 2011, Joseph Muto was hired to work for the top-rated “O’Reilly Factor” but within 3 days, he was discovered by Fox employees to be anonymously writing for Gawker. In the span of 72 hours, Muto wrote a series of articles detailing the internal workings of the network, along with stealing and selling raw video clips. In 2013, he pled guilty to two misdemeanor charges and was dubbed the “Fox Mole.” He was fined $1000 and sentenced to over 200 hours community service. At sentencing, he said he wished he had never betrayed his former employer.
United States industries spend more on research and development of unique products and processes than any other country in the world. The key to success is having an “edge” in the business world. Whether a media company, software developing company or bakery, keeping an edge is key.
When someone steals those “trade secrets”, it is called economic espionage and costs American businesses billions annually. Damages can severely destabilize the victim company to include lost revenue, lost employment, lost investments, interruption in production, damaged reputation, and can even result in a company going out of business.
Corporate espionage conducted by spies or moles believe computers are irrelevant. It is about what data they want, what form they take, and how they can steal it.
The Company Man
The Federal Bureau of Investigation (FBI) states no business, large or small, is immune to the threat of moles and/or spies. Any proprietary process, product, or idea can be a target.
To raise awareness, the FBI in collaboration with the National Counterintelligence and Security Center has launched a nationwide campaign and released a short film called “The Company Man: Protecting America’s Secrets,” based on a true story. Mr. Moore is both unappreciated and unhappy with his career as an engineer at a glass insulation and fire-retardant firm. He is targeted on LinkedIn by a competitor who offers him a position in a rival firm. At first, Moore declines because he signed a non-compete. He is then offered $200,000 to obtain plans for equipment and formula for the glass insulation produced at his firm, RIS.
The FBI states many things drive a person to betray the company where they work.
Moore makes the decision to go to his current boss who then contacts the FBI who initiates a sting. A true story, there was an arrest in the case. However, this may not be the decision every employee would make – which makes every employee a liability in a 400 billion, in the dark. underbelly of America’s global economy.
Spotting Insider Threats
What drives a mole? The FBI states company moles are often “overwhelmed by life-crisis or career disappointment” driving them to leak information.
With email, cell phones, and jump drives, stealing information is far easier than in the past. Greed and financial need, unhappiness at work, the promise of a better job, drug or alcohol abuse, and/or vulnerability to blackmail, can all be contributors, says the FBI.
The FBI says employees who leak trade secrets, such as plans, customer databases, etc. will exhibit behaviors other employees can often identify to help prevent breaches.
Your employees may be the first line of protection when combatting the insider threat.
Potential Indicators:
Drastic changes in behavior, demeanor, or work habits.
Unexplained affluence.
Financial hardship.
Substance abuse.
Attempts to circumvent security procedures.
Long hours at the office without authorization.
Taking home proprietary information.
Unnecessarily copying materials.
Using an unauthorized USB drive.
Unusual use of cell phone during business hours.
Asking inappropriate questions.
Suspicious relationships with competitors.
Leaving traps to detect searches of their office.
Based on FBI’s studies, additionally, there are more subtle things to look for:
Someone hired to steal company information will be experienced in the operation of a business and will be able to identify the value of your company’s trade secrets.
Corporate spies are everyone’s friend. To gain access to a company in order to steal information, a mole will be socially adept with the ability to manipulate people to gain their trust.
Individuals who are frequently wandering or talking in locations they do not need to be to complete their job. Someone who reflects a pattern will always have a reasonable excuse as to why they are not in the correct area or talking to specific employees.
Employees who keep trying to re-open decisions already settled and question advisability of decisions.
They act envious.
Vulnerabilities – Getting Access
Once inside, a mole has a lot of ways to access sensitive information. Spies can even work in pairs, possibly one as a consultant and the other an employee. When you have valuable information, never underestimate the methods others will use to gain access to it.
Spying can be as easy as photocopying papers found on unattended desks or at printers. Walking into an empty meeting room with a laptop and pulling data off the network.
A common ploy is pretending to be an employee. Another ploy often used, posing as IT personnel because it enables the individual to look legitimate while accessing network access points and sitting at someone’s computer. In other cases, spies have posed as cleaning staff, gaining access after-hours.
Criminals capitalize on the common assumption if you are in the building, you must be okay. Investing in your company’s staff to raise awareness is the best investment a company can make.
According to InfoWorld, Peter Wood, Chief of Operations at First Base Technologies, a U.K. based consultant firm performing ethical hacking services, “Spies are interested in anything from financial data to intellectual property and customer data. They might steal information for blackmail purposes, but the most common motive for physical intrusion is industrial espionage.”
Wood says the most common way to intrude upon a company is posing as an employee or a visitor, even creating convincing costumes to pose as a legitimate visitor such as telephone, electrical or maintenance person, a burglar alarm inspector, even someone from the fire department.
Protecting Your Trade Secrets
The FBI lists several ways to protect your workplace from insider threats.
Recognize the threat.
Identify and value trade secrets.
Implement a definable plan for safeguarding trade secrets.
Secure physical trade secrets and limit access to trade secrets.
Provide ongoing security training to employees.
Use protective tools such as screensavers with password controls.
Classify information and store accordingly.
Secure the workplace so visitors do not have access without security screening.
Encrypt data and require strong passwords for employees with liberal access rights.
Develop an insider threat program.
Proactively report suspicious incidents to the FBI before your proprietary information is irreversibly compromised.
Ask the FBI or other security professionals for additional awareness training.
At times, companies are hesitant to report such activity for fear they will risk their trade secrets being disclosed in court or compromised in any way. The FBI will do all it can to minimize business disruption, safeguard data and privacy, and will seek protective orders to preserve business confidentiality and sensitive information. The Department of Justice also has a variety of protections in place to ensure information is protected during a criminal prosecution.
By: Kym Pasqualini, Feature Writer for Lauth Investigations
Scandals can arise anywhere, especially in the workplace, and schools are especially vulnerable. Allegations of sexual misconduct, assault and other accusations violating workplace compliance and law, have severe civil and criminal liability.
We have all heard about sports-related and college scandals, and the newly and highly publicized accusations against Harvey Weinstein that seemingly were permitted to go on for years without anyone acting. These situations can create not only a media frenzy, social media ubiquity and significant liability within a company. How complaints are handled can affect an institution’s reputation for years.
Institutional leadership has a moral, ethical and legal obligation to protect students and employees.
Most importantly, it is the responsibility of an institution to protect their students and employees, and the leadership has a legal, moral and ethical obligation to do so.
An institution’s investigative process, in response to sexual assault or misconduct, needs to be geared toward determining what happened without having preconceived notions of the outcome. The process should be consistently applied, clearly documented, and show the steps followed in achieving the conclusion.
Maintaining a record of this process and the findings is critical to minimizing risk should there be a consequent lawsuit or investigation by an outside entity.
Title IX
President Richard M. Nixon signed Title IX Educational Amendments of 1972 as a comprehensive federal law prohibiting discrimination on the basis of sex in any federally funded education program or activity. In addition, protecting employees and students from sexual misconduct.
Sexual assault and misconduct investigations not meeting legal standards are increasingly resulting in very costly claims. Ensuring Title IX compliance is the best way to minimize risk.
In a 2011, “Dear Colleague” letter (DCL) was issued by the U.S. Department of Education’s Office for Civil Rights (OCR). According to the letter, investigations must be:
Prompt – The DCL defines the meaning of “prompt” as conducting an investigation within 60 days, acknowledging more complex cases may require more time.
Thorough – OCR mandates a case must be “thorough” and the investigation must be conducted in good faith. The employer must have legal grounds to believe the employee participated in misconduct before any disciplinary action is taken.
Courts expect a thorough and adequate investigation in all sexual assault and misconduct cases.
Courts do not focus on whether the employer made the right conclusion but instead, examine the determining process used to ensure the investigation was adequately thorough. For example, analyzing the type and number of interviews conducted, confidentially of the interviews, were they handwritten or recorded and how. The court also notes if the investigator asked non-leading, open-ended questions; encouraged witnesses to clarify or correct testimony; or challenged information provided by witnesses.
Small mistakes may not damage an investigation; however, a case could be considered inadequate simply on the pretense an individual lacked prior experience investigating sexual harassment cases or failed to adequately explore the allegations.
Impartial – It is necessary to remain impartial. For example, the person who made the complaint should not be a supervisor over the individual investigating the complaint. A qualified investigator should always be used to investigate sexual assault and harassment complaints, one who can remain objective and has no stake in the outcome of the case.
There are two recommended models of investigation to be conducted by a trained investigator understanding of the evidence needed to sustain or disprove allegations.
What Are The Numbers?
The Chronicle of Higher Education (CHE) tracks federal investigations of colleges for potential violations of the gender-equity law Title IX involving alleged sexual violence. According to CHE, as of January 10, 2018, there were 337 sexual violence cases under investigation at 243 postsecondary institutions.
A campus investigation differs from a police investigation; however, both can occur at the same time. It just depends on where the victim reports the assault. A victim may feel more comfortable going to campus police than law enforcement for fear they may be doubted or blamed, especially in cases of rape by an acquaintance. Though advocates fear victims being discouraged from coming forward, in several states, lawmakers are now proposing colleges be required to notify law enforcement.
Pre-Investigation
In this model, the investigator meets individually with both parties and witnesses prior to any hearing and provides the information to a panel or hearing official. The goal is to maximize the information obtained during the interview process by questioning parties and witnesses privately to minimize stress for the participants, while also protecting testimony.
Prior-Hearing Investigative Process
The other common model, the investigation is part of the hearing process where an official panel or hearing official questions witnesses, hears testimony, reviews documents and evidence, and makes a conclusion.
While this model may work well for some institutions, it tends to be viewed as adversarial and may affect the overall reliability of the case.
According to United Education’s EduRisk program, while it is the institution’s responsibility to investigate alleged sexual assaults or harassment, and decide if discipline is warranted, this model can inappropriately burden the parties to present their cases by identifying witnesses and evidence for school officials to consider. In addition, most school officials are not trained investigators or private detectives with experience working with such sensitive circumstances.
Proper Documentation
The institution has the responsibility to properly document its investigation of any sexual misconduct allegation to provide a reliable record of all evidence the findings are based. This is especially critical when an allegation may appear meritless on the surface.
Though courts do not favor one method of documenting interviews, ideally, in addition to a final report, an investigator should provide a summarization of evidence, assessment of credibility of witnesses interviewed, and contain only factual conclusions.
Policies and Procedures
Given the importance of sexual assault and other misconduct allegations, it is necessary to have the appropriate policy and procedures to demonstrate the institution’s commitment to the safety of its employees and students, help prevent avoidable crises and support an efficient and effective response.
It is vital to understand when an investigation is warranted, and the purpose of the investigations, to include planning and organizing.
Every institution or company should have policies in place specifically addressing suspected misconduct to help respond reasonably with guidance as to how staff should respond and recommended to utilize experts to help identify vulnerabilities that may exist in an institutions current policies and procedure.
What a Federal Investigation Entails
To most onlookers, the federal investigation process of an institution is opaque. The OCR informs a college it is under investigation and informs whether it is based upon a compliance review or complaint. When it is a complaint, typically, the complainant’s information is not made available.
Federal officials require a great deal of information, such as policies, training material, investigative reports, interviews, incident reports, hearing documents. They will visit the campus to meet with both students and employees as well.
Some OCR investigations can conclude quietly, with an “administrative closure,” “early complaint resolution,” or “insufficient evidence.” Other investigations can result is a letter of findings, not seen until the conclusion, along with a “negotiated resolution agreement” that details policies and procedures a college must change or adopt. To comply, these often require implementing or expanding training programs for faculty, students, and staff, along with modifying policy and procedure.
Investigations are getting tougher. The OCR will likely monitor the college’s progress for years to come.
The best way to avoid investigative, policy and procedure pitfalls is to respond appropriately the first time using a professional investigative agency or experienced private investigator.
Fair and Independent Investigations
Lauth Investigations Sexual Harassment Division is headed by founder Thomas Lauth who has extensive experience investigating sexual misconduct.
One thing has become abundantly clear, after watching the numerous news stories covering sexual assault and harassment, is remaining mindful of the sensitivities involved in such an investigation, making it necessary to address each client’s needs. In addition, a rapid response, both thorough and professional, is necessary so as not to cause more harm.
Sexual assault and other misconduct has serious psychological consequences on the victim. Lauth Investigations professionally conducts sensitive internal investigations related to sexual assault and misconduct with utmost integrity. Our private investigators take great care to develop facts, determine credibility, and reach findings with objectivity and independence, while also exercising discretion and sensitivity.
During an investigation, Lauth Investigations expert private investigators will interview the complainant and witnesses, examine relevant documents, obtain written statements, medical records, email and other communication. At conclusion, a confidential report is delivered to include finding and recommendations that adhere to court and panel oversight.
Title IX investigations differ from a law enforcement investigation, and critical in the initial phase to ensure evidence is preserved, whether it be physical evidence, video surveillance or other important aspects of a proper investigation. Lauth investigators will ensure the investigation is treated with utmost integrity so as not to compromise the investigation.
Our experts can also evaluate and provide recommendations of current policies and procedures to help strengthen the response to sexual assault and misconduct.
By: Kym Pasqualini, Feature Crime Writer for Lauth Investigations
On February 13, 2017, best friends Abigail “Abby” Williams, 13, and Liberty “Libby” German, 14, planned to go hiking near the beautiful area of Monon High Bridge Trail, east of their small town of Delphi, Indiana.
Libby German and Abby Williams, Best Friends
At approximately 1:45 p.m. that afternoon, a family member dropped them off at the abandoned bridge where they planned to hike. It was agreed they would meet their family back in the same location later in the afternoon. They both had the day off school, it was an unseasonably warm winter day, and Abby Abby and Libby shared a special friendship. They both loved hiking, taking photographs of flowers and trees, and adventuring the scenic trails about a mile east of their home.
Libby posted, this now haunting photo, while atop Indiana’s second highest bridge on her Snapchat at 2: 07 p.m. This was the last post anyone would see the two girls alive.
Photograph Libby posted on Snapchat of Abby walking on the Monon High Bridge, Dephi, IN.
When the girls did not show up at the agreed upon the location as planned, the family reported the girls missing to Delphi Police Department and the local sheriff. Immediately police and firefighters were dispatched to canvas the area.
Over 100 searchers responded to the area. Arial searches began utilizing the remaining daylight hours. Later the same evening, authorities began trying to “ping” the girl’s phones, with no success. The sheriff stated he felt the girl’s phones were either turned off or the batteries had gone dead.
Police searching for Abby and Libby in the area surrounding Monon High Bridge and Deer Creek trails.
At approximately midnight, the search was called off, though volunteers continued searching throughout the night. The search resumed the following morning along Deer Creek and farther out from the trail. Searchers prayed the girls had simply been lost but soon those hopes were dashed. Approximately one mile from where the two young girls vanished, searchers found two bodies on a piece of private property along Deer Creek, north of the bridge.
February 14, 2017, at approximately 1:50 p.m., Sheriff Leazenby, Delphi Police Chief Steve Mullins and Indiana State Police (ISP) representative Kim Riley held a joint press conference to announce two bodies were found during the search for Abby and Libby, stating the bodies had yet to be identified.
February 15, 2017, 2:33 p.m., authorities held another press conference and announced the bodies had been identified as Liberty German and Abigail Williams.
A community was heartbroken. Children were terrified, and parents held their children closer.
Haunting Images and Audio Found on Libby’s Phone
At the February 15th news conference, ISP proceeded to release a photo of an unidentified man walking along the Delphi Historic Trail found on the girl’s phone. Authorities announced they wanted to speak to anyone who had parked in the nearby lot or anywhere around the trail the day the girls had visited the park.
FBI names individual in photograph suspect in murder of Delphi girls.
Five months into the investigation, ISP released a composite sketch of the man on the bridge hoping someone may recognize him and make a call.
Chilling audio of the killer’s voice Libby captured on her phone was also released generating thousands of leads.
In an Indy Channel report, “Delphi Investigation: Why state police say Libby and Abby’s case isn’t cold,” Indiana State Police Superintendent Doug Carter says, “There’s a person out there that knows who did it. Not a hunch. They know who that person is,” said Carter. “They know that voice and they know those clothes. They know that posture. They know that stance and they know who murdered those two little girls in that quiet place.”
March 1, 2017, former Indianapolis Colts punter Pat McAfee and team owner Jim Irsay donate $97,000 to the reward fund. The reward is now $230,000 for information leading to the arrest and prosecution of the individual who murdered Abby and Libby.
In an ABC RTV6 report, “Delphi, Indiana: FBI seeks tips on behavioral changes to help catch Delphi killer,” the FBI makes a plea to the public to think back to Monday, February 13th, the day the Delphi teens went missing asking questions like, “Did someone you know make an excuse for missing an appointment?”
“Just think if you had an interaction with an individual who inexplicably canceled an appointment that you had together,” said Greg Massa of the FBI. “Or an individual called into work sick and canceled a social engagement. At the time, they gave what you thought would have been a plausible explanation. ‘My cell phone broke’ or ‘I had a flat tire on my car.’ In retrospect, (that) excuse no longer holds water,” Massa added.
Other behaviors might now be considered suspicious. It is often a seemingly inconsequential detail someone calls in that can break a case wide open.
“Did an individual travel unexpectedly?” Massa said. “Did they change their appearance? Did they shave their beard, cut their hair or change the color of their hair? Did they change the way they dress?”
Even behavioral changes occurring shortly after February 13, 2017:
Someone who developed a different sleep pattern
Started abusing drugs or alcohol
Has become anxious or irritable
Someone who has followed this case to an extreme
A person who has ongoing conversations about where they were February 13th
Someone who has visited the location where the girls were murdered
Someone who has taken photographs around the trail and bridge
Police say don’t ever feel bad about reporting odd behavior. It could have everything to do with finding justice for two little girls brutally murdered. It could save other children from a similar and tragic outcome. In addition, if the person is innocent, it will only take a couple minutes of their time and they will never know you were the one who made the report.
A Person of Interest Dismissed
Johnson County Sheriff’s Office sent officers to Colorado to retrieve a “person of interest” in the murders of Abby and Libby.
Daniel Nations had been arrested in Colorado for threatening hikers with a hatchet on a Colorado trail. Investigators traveled to Colorado to question Nations.
Nations was wanted on an outstanding warrant in Johnson County, Indiana for failing to register as a sex offender so authorities brought him back for further questioning in the Delphi murders.
Police have not formally named Nations as a suspect stating they have no information specifically including or excluding Nations in the killings. However, ISP has since said they are no longer actively investigating Nations as a person of interest in the case.
Memories Keep the Families Going
In “Delphi Daughters: The Untold Story of Abby and Libby”, a News 6 report, Mike Patty Libby’s grandfather states, “They didn’t leave each other’s side,” about the afternoon the two girls vanished. “I don’t know what happened out there that day, whether there was a chance or an opportunity for one to break off or split, or make a break for it or whatever but you know, I look at it as two young soldiers who covered each other’s backs, two best friends, I wouldn’t leave my best friend’s side. Neither did they.”
They both loved music. Both played the Alto Saxophone in their middle school band. They loved photography and painting, and both were signed up to play softball.
Life has changed for both families. Libby is remembered as the “baker” of the family. She loved making chocolate chips cookies. Becky Patty, Libby’s grandmother said, “She was a baker. She could throw a batch of cookies together like no other.”
Libby loved using sticky notes. She would leave sticky notes on her grandmother’s car visor. One read, “I love you! Thank you for everything you do for me and Kelsie – Libby.” She would leave sticky notes all over the house, even giving her teachers sticky notes, and always showing her appreciation for everyone around her.
Libby German and best friend Abby Williams, loved and remembered by all who knew them.
In the aftermath of her murder, Libby’s class presented her grandparents with jars filled with “sticky note” messages from each child. A way of dealing with the loss for her classmates, and a reminder of how much she is missed.
Libby had dreamed of becoming a science teacher and loved finding cures and solving crimes, so much so, she took additional classes at Purdue University.
Like Libby, Arika Gibson, a friend of the pair said, “Abby also dreamed of doing something within forensics and police work.” For two amateur sleuths, clearly, the evidence the girls left on their cell phones was clues to their own murders.
Abby Williams’ grandparents, whom she called Mee-maw and Papaw, keep her belongings right where they were the day she disappeared. “We just can’t erase her from our lives, we just don’t want to.” She added, “We treasure her coat hanging on the coat hook, her shoes on the shoe rack and her bedroom just the way she left it – she may have walked out the door, but she is here with us,” said Diane Erskin, Abby’s grandmother. With tears in Abby’s mother’s eyes, Anna Williams added, “Abby smiled all the time.” Her voice to a whisper, “All the time.”
Abby’s favorite thing to say was, “Is there anything I can do to help?” Always with a joyful spirit. Anna and her daughter Abby both shared a love of photography. She loved arts and crafts even knitting hat for newborns with her Aunt Maggie. She was especially good at volleyball and had planned on starting softball with Libby in the new year. Her grandfather Cliff was so excited he drove down from Michigan to take Abby out shopping to buy all new gear.
Investigation Continues at God Speed
The search for a killer has reached national proportions. Approximately 6,000 electronic billboards in 46 states have been utilized to solicit information from the public.
Billboards with information about the Delphi murders have been placed throughout the country.
A year later, investigators have received over 30,000 tips and interviewed thousands of potential suspects.
ISP, FBI, Carroll County Sheriff and the Delphi Police Department still follow up leads and vow to solve this murder case.
Investigators have a motto, “Today is the day,” and each day at the department, the day starts out with a prayer. “As we gather together today for our work we have been assigned to, let’s pray,” as each investigator bows their head.
“Today’s the day, today is the day we are going to get closer to the end, today is the day we are going to get closer to getting justice for Abby and Libby,” said ISP First Sergeant Jerry Holeman. “We have all worked tragic cases. Nothing like this. I can’t put anything close to this case.”
Police continue to work 20 hours days, with sleepless nights, with one goal in mind. A team of hundreds of investigators continue to work the case, tracking down thousands of leads. Holeman admits it has been rough on everyone involved. Investigations can become a roller coaster ride with hopeful leads and dashed hopes when those leads are eliminated. When it gets tough, Holeman goes back to the saying, “Today is the day.”
Indiana State Police Sgt. Holeman interviewed by Alexis McAdams. Photo courtesy Alexis McAdams TV.
“I need to be here for Abby and Libby,” says Holeman, “Because I am going to find who did this and we are going to hold them responsible for their actions.”
When Anna Williams was asked what justice will look like for her, “Justice will be that deep breath we get to take when my friend’s children are sleeping in their beds again. When people don’t worry about their children playing outside.” Williams continued, “Justice is in law enforcement. We believe in law enforcement. We believe in the FBI and everyone else that has worked on this case. That’s where justice will come from.”
Unsolved homicide posters still hang in local company’s windows. The community stands united behind Libby and Abby’s families and law enforcement still working the case.
Source: Facebook Light Up for Abby and Libby.
Orange bulbs light up the entire town of Delphi. The community has committed to ensuring the golden glow lights the town until the killer of Abby and Libby is caught and brought to justice.
If you have any information about the murders of Abby Williams and Libby German, please call 844-459-5786 or ABBYANDLIBBYTIP@CACOSHRF.COM.
The institution has the responsibility to properly document its investigation of any sexual misconduct allegation to provide a reliable record of all evidence the findings are based. This is especially critical when an allegation may appear meritless on the surface.
Thomas Lauth
