What to Do About Robocalls

What to Do About Robocalls

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In recent months, many Americans have been receiving calls from parts of the country they have never heard from before. They wonder to themselves, “Who could possibly be calling me from Bristol, Rhode Island? I don’t know anyone in Bristol.” They accept the call, and a voice will tell them that an agent with their firm has reviewed their case file, discovering that they hundreds of dollars in credit card debt, and must pay it all immediately, or else face a smattering of other fees for failure to pay. Fraught with the anxiety of their credit score tanking, they address an envelope to the P.O. box where the voice instructs them to send a check for the full amount. Before they place that envelope in the mail, hopefully they’ll realize they’ve just received a robocall.

They’re almost commonplace nowadays, regarded as more of a nuisance rather than a crime. Strange numbers automatically dial out to phone customers across the country, claiming they’ve won a free cruise or asking for donations to a fraudulent cause. However, many Americans are still not certain about what robocalls are, or the fact that most kinds are illegal.

Robocalls are just one of the latest tools in committing consumer fraud over the phone. There is a great deal of legislation la-fi-lazarus-fcc-robocalls-20160729-snapdistinguishing which types of robocalls are legal. Conventionally they permit robocalls that convey important and/or emergency information, about things like school closures or natural disasters. With the rise of robocalls at the beginning of the millennium, the National Do Not Call Registry was established so that consumers could place themselves on a list in order to avoid them. However, legitimate telemarketing firms are still allowed to contact you over the phone for legal business, as long as your number is not listed on the Do Not Call registry, and you have not formally opted out of receiving phone communication from the business. Indiana law specifically requires that all prerecorded messages that bot calls are famous for must be introduced by a live operator, as well as providing an address where the caller can be reached.

These types restrictions have forced the “robo-callers” to evolve and adapt. Conventional methods of blocking robocalls have been successful in nearly extinguishing the presence of calls to landlines. With smartphones only growing in use throughout the country, the technology designed to stop robocalls has not yet been perfected for them. The good news is that consumers (like the one receiving robo-debt-collection-calls) are never without resolve when it comes to harassing calls from a number claiming to be a collection agency.

Regardless of whom the robocall claims to represent, there is no legal obligation to speak to anyone over the phone. In the event that the call is legitimate, it is perfectly legal to communicate through your personal or business legal representation. If the call is legitimate, the lawyer can represent your interests and review your options with you. If you are without representation, you can also retain the services of a private investigator to ensure that the call is legitimate. The internet provides the ability to perform a reverse-lookup of suspicious or unfamiliar phone number, but most websites require that you pay for the search results, and after you pay, it might turn out that the information is inaccurate. The professional services of a private investigator allow them access to specific tools that provide accurate information to verify the legitimacy of the robocall. Bearing in mind that there is no agency sanctioned to harass you via telephone, consumers who sign up for the National Do Not Call Registry might find this is an imperfect solution. It will merely put you on a no-contact list required to be observed by all accredited, registered businesses. Although there might be a decrease in unsolicited calls, it still does not prevent illegitimate businesses to contact you with robocalls.

nmr-iphone-2-v2The best recommendation that the Federal Trade Commission has made to consumers who are the victim of robocalls on their smartphones is downloading a third-party mobile app that uses both the hardware and the software of a smartphone to block robocalls from plaguing your mobile device,” “Call blocking apps let you create blacklists – lists of numbers to block from calling your cell phone. Many of these apps also create their own blacklist databases from numbers that have received significant consumer complaints. They also let you create whitelists – numbers to allow – that are broader than just your personal contacts.” This process has so far proven very effective. As users utilize the application, it builds a stronger wall that keeps unwanted robocalls out.

The days of telemarketers who always call during dinner are long gone. Now robots are doing the dialing work. As technology advances, Americans feel more and more paranoid about ways the criminal element might have access to their money. Robocalls have only made it simpler to manipulate vulnerable consumers into parting with their hard-earned income. The Federal Trade Commission is attempting to evolve even faster than scammers, developing technology similar to apps like RoboKiller and Nomorbo that can keep robocall schemes at arm’s length. Professionals like lawyers and private investigators are invaluable sources when validating the legitimacy of a robocall a consumer fears might be legitimate. The most important resource, however, is an informed consumer. Vigilance and skepticism are the first line of defense when dealing with robocall consumer fraud.

Intelligence in Business (OSINT)

Intelligence in Business (OSINT)

By: Kym Pasqualini, Feature Crime Writer for Lauth Investigations

Open-source intelligence (OSINT) is the collection of data from publicly available sources to be used in the context of intelligence. Within the intelligence world, the term “open” refers to overt, meaning sources available publicly, opposed to clandestine or covert sources.

OSINT is not a new concept. It has been in use for decades. However, with the arrival of instant communication and fast information transmission, a significant amount of predictive and actionable intelligence can now be obtained from unclassified public sources.

OSINT should not be confused with public intelligence or open-source software.

The U.S. Director of National Intelligence and the U.S. Department of Defense (DOD) define OSINT as information produced from publicly available information collected, exploited, and disseminated in a timely manner to an appropriate audience for the purpose of addressing a specific intelligence requirement.

In short, open source acquisition involves procuring written, verbal or electronically transmitted material that can be obtained legally without any type of clandestine collection techniques.

Background of OSINT

OSINT’s originates with the pre-Central Intelligence Agency (CIA). The formation of the 1941 Foreign Broadcast Monitoring Service (FBMS) was born during World War II and evolved into the 1967 Foreign Broadcast Intelligence Service (FBIS), the predecessor of the Open Source Center of today.

Acquired by the CIA in 1947, FBIS emerged as the only recognized service organization trained and equipped to monitor and process foreign broadcasts for the benefit of all government agencies needing the service.

Coverage worldwide, to the extent it exists today, was beyond the dreams of those who lived in that era.

In 2005, following the 9/11 attacks, the Director of National Intelligence Agency, Porter J. Goss, announced the creation of the DNI Open Source Center. The Center is designed to collect information available from databases, radio, television, video, geospatial data, photographs and commercial imagery.

OSINT Information Flow Categories

  • Media to include newspapers, obituaries, magazines, television, and radio worldwide.
  • Internet includes, but not limited to, online publications, discussion groups, blogs, citizen video (user created content and video), Facebook, YouTube, Twitter and other social media websites.
  • Commercial Data includes commercial imagery, industrial and financial assessments and databases.
  • Grey Literature: patents, working papers, business and corporate documents, newsletters, technical papers, and unpublished works.
  • Professional and Academic publications obtained through journals, symposia, academic papers, journals, theses, and dissertations.
  • Public Government Data: telephone directories, press conferences, websites, speeches, budgets, hearings and other public government reports.

There are various disciplines of OSINT and the methods and applications are almost endless.

The New OSINT

Ten years ago, open source information was scarce; however, in recent years OSINT has taken on an entirely new meaning.

Back in the day, people were primarily found by searching a phone book. Today, people are increasingly comfortable with sharing their personal information and a treasure trove of information for those who want it.

social network flowchart

 

According to Statistica, it is estimated there will be 2.77 billion social network users around the globe in 2019. Social media has become an excellent and consistent source of information.

While, decades ago the problem was shortage of open source information, the biggest difficulty now, is filtering through an overabundance of information.

Some examples of OSINT resources are:

  • Internet directories containing personal information, residences, relatives, demographics, employment, contact information.
  • Social networking sites provide personal information, friends, family members, interests, photographs, videos, and activities.
  • Online reviews provide interests, purchases, activities and lifestyle.
  • User contributed information could be a blog, hobbies, opinions, and expertise.
  • Academic sites provide information related to education, business conferences, associations, and academic papers.
  • Company websites have personnel listings, backgrounds, location, duties, services, and contact information.
  • News sources provide topical information, reports, events, personal history, obituaries, and contact information.
  • Government sources provide personal information, criminal background, court activity, minutes, locations, demographics, tax records and other financial data.

Social Media Monitoring and Geofencing

Companies like Echosec, based in Victoria B.C., offers a web platform to draw what is called a “Geofence” allowing users to pinpoint a location of interest on a map and obtain information within selected parameters, then filter searches by keyword, hashtag, or username within the geofence.

Geofencing

Echosec’s real-time social media mapping connects virtual communities to real-world locations and gives new meaning to Geographic Information System Mapping (GIS). A powerful research tool combining GIS and OSINT.

 

This is becoming a popular method of analysis for retail, branding, journalism, private investigation, and finance, collecting what Echosec calls “hyperlocal insights” for better business and breaking news stories.

Google, Yahoo, Bing and other traditional link-crawling search engines do not typically access the information professionals using OSINT research techniques and resources can provide.

Embracing Geolocation

Geolocation is one of the most valuable resources used today. For example, videos and photographs shared publicly often contain information where the photographs originated.

Texting

Most of us post pictures of ourselves and our friends, tagging each other during a vacation at the beach or out on the town. A geotagged picture is a post that attaches a “geotag” which is the physical location to the post. It allows users insight to their followers, where they are, and what they are doing.

Social media and Geo-location monitoring of open-source information has been more frequently used by law enforcement and private investigators to conduct investigations. Whether a missing person investigation or background check, basic and even critical investigations can benefit from OSINT.

For example, a person is reported missing and frequently posts photographs on Snapchat, Instagram and Facebook. Investigators can access the geotags and see where the person was last and often see who they were with, allowing the investigating agency the ability to immediately expand their investigation.

Open Source Private Investigations

Many private investigators are now specializing in open-source intelligence and social media investigations, referred to as Social Media Intelligence (SOCMINT). While much of the information is available publicly, there are many reasons why an individual would choose to hire a private investigator.

Private investigators have become experts in the field of open-source intelligence investigations.

Private investigators have become experts in the field of open-source intelligence investigations.

Simply, private investigators know how to search, where to search and what to search for, making hiring a private investigator a more efficient choice. Private investigators know if the information is online, in a state repository, library or the courthouse.

Information that can be obtained includes but is not limited to the following:

  • Voter registration
  • Bankruptcy records
  • Corporate records
  • Property records
  • Probate records
  • Divorce records
  • Marriage records
  • Court records
  • Criminal records
  • Due diligence
  • Business information
  • Financial information

Whether a private individual or a business, obtaining the right information often leads the investigation in a specific direction. Private investigators of today are the next-generation of private intelligence providing services such as:

  • Fraud Investigations
  • Competitive Intelligence
  • Counterintelligence
  • Intelligence Collection
  • Internet Investigations
  • Email Tracing
  • IP Investigations
  • Financial Investigations
  • Asset Investigations
  • Pre-investment Investigations
  • Difficult to locate
  • Missing Persons
  • Background Investigations

Knowing when to use a private investigation firm can help hasten an investigation. The service of these firms can make life easier because it requires more than just knowing how to use the Internet. And when all resources are exhausted, a good old “gum shoe” detective can investigate – boots on the ground.

Protecting Your Business with OSINT

Thomas Lauth of Lauth Investigations International uses his nearly 20 years experience working with both private and business sectors. “Open-souce Intelligence or OSINT isn’t a common term used in the business world; however, I can assure you it is a dynamic method of information gathering for businesses in this day and age,” said Lauth.

(Open-source intelligence is being used more frequently to protect company’s information.)

The importance of OSINT is business can’t be exaggerated. It is a matter of gathering intelligence from publicly available sources and analyzing that information for connections and actionable intelligence that would not be normally publicized. In fact, there may be information about your own company available publicly that can make it easier for someone who is considered an “insider threat” or conducting a social engineering campaign to obtain proprietary or damaging information.

“Conducting periodic OSINT for your business, assessing the risks, and addressing vulnerabilities can save a company from failure,” add Lauth. “It is a recommended and necessary action item for all successful businesses.”

OSINT is contained in company websites, reviews, Google searches, along with newspapers, geo-location data within images, company reports and other publicly available data. Often overlooked is social media. Companies and employees often provide more information to hackers or “insider threats” than realized.

Criminals can exploit easily obtained information to conduct scams or a social engineering campaign against a business. In fact, criminals use OSINT too – only for their own devious purposes.

To exploit weak links, criminals or “black hats” can spend weeks, even months researching employee email addresses, current projects, employees that manage money and monitor their social media. They will even study the way employees communicate with each other, gathering the information to create convincing phishing scams and social engineering attacks.

The information collected to conduct these criminal activities is not obtained by hacking into the company, it is obtained by gathering publicly available information.

“The trick is to stay one step ahead of the criminals,” said Lauth. “When working with clients, we ensure we identify vulnerabilities and the process is conducted effectively, efficiently and confidentially.”

The bottom line, by exercising due diligence, using OSINT, and reviewing your own publicly available information, you can protect yourself and your company.

 

Mysterious Disappearance of Rita Gutierrez-Garcia

Mysterious Disappearance of Rita Gutierrez-Garcia

 

Rita Gutierrez-Garcia

By: Kym Pasqualini, Feature Crime Writer for Lauth Investigations

Rita Gutierrez-Garcia missing since March 17, 2018 from Longmont, Colorado.

Rita Gutierrez-Garcia missing since March 17, 2018 from Longmont, Colorado.

It was St. Patrick’s Day, March 17, 2018, a mother of three boys vanished into thin air in Longmont, Colorado. Rita Gutierrez-Garcia went out to celebrate with friends and family in the evening.

The group went bar hopping to the Speakeasy located at 301 West Main Street and the Breaker’s Grill located at 380 Main Street. Rita was last seen in an alley behind 3’s bar talking on her phone at approximately 2:30 a.m.

Deputy Chief Jeff Satur of Longmont Police Department said Rita was overheard telling someone on the phone she would get a ride from “someone else.” Authorities also say there were as many as seven or eight potential witnesses behind the bar that evening.

“Our old standby of tracking the phone is not working for us,” said Satur. “But we are working our very hardest to find Rita.”

Rita is a mother of three young boys, ages 9, 13, and 18, and described by family as a bubbly and busy mom, who is just one college semester away from becoming a paralegal. Something she has worked very hard for.

Satur told Fox 31, “As you can imagine, everybody is concerned,” he said. “This is unusual behavior.”

Police have asked for anyone who may have seen Rita that evening, to call them immediately.

Connection to Beating Victim Dismissed

Longmont Police Department was investigating the possible connection between a young man found with head trauma and the disappearance of Rita. Tyler Bullock was found at the same location eight days after Rita disappeared, at approximately 2:30 a.m.

Tyler Bullock was found unconscious five days after Rita Gutierrez-Garcia’s disappearance in the same area she was last seen.

Tyler Bullock was found unconscious five days after Rita Gutierrez-Garcia’s disappearance in the same area.

According to Tyler’s sister Kristal Beecher, Tyler was in the intensive care unit for head trauma due to bleeding on his brain. Tyler was found behind the bar unresponsive due to serious head injuries. He is now recovering.

“There is zero connection. I just need to stress there are no suspects in my case. It’s really just a matter of the specific block in Longmont needing better security systems, more cops on busy nights, and cameras, maybe undercovers,” said Tyler, still recovering from the traumatic experience.

The Search

On March 24, 2018, Longmont Police divers searched a pond at Golden Ponds Parks southwest of Hover Street and Third Avenue but did not find anything. Golden Ponds is a network of ponds and walking paths. Police, Longmont Emergency Unit, and Longmont Fire Department searched from approximately 9 a.m. to 4 p.m. Canines were also used in the search.

Police divers searching area of Golden Ponds in Longmont, Colorado. Courtesy of Daily Camera.

Police divers searching area of Golden Ponds in Longmont, Colorado. Courtesy of Daily Camera.

Deputy Chief Satur declined to answer what they were searching for. “We were looking for evidence,” Satur said. “That’s all I can say.”

Police are treating the disappearance as a missing person case and “suspicious disappearance.”

“We will continue to work all leads and go from there,” Satur said. “We are going to continue working until we figure out what happened.”

Police have been working long hours in the search for Rita, and rotating staff to ensure fresh eyes are involved in the investigation.

Mom and Sister Plead for Help at Press Conference

Prior to Rita’s disappearance, she was very active on Snapchat but has not posted since her disappearance. This worries her family.

Diane Romero and Jessica Romero please for the public’s help in the search for Rita Gutierrez-Garcia.

Diane Romero and Jessica Romero please for the public’s help in the search for Rita Gutierrez-Garcia.

“I love you,” said Rita’s mother Diane Romero at a press conference organized by Longmont Police Department on March 22, 2018. Holding a picture of her daughter, “I need you here,” she said.

Rita’s sister Jessica Romero tearfully told reporters, “She’s my older sister and I’ve never had to go a day without her in my entire life,” said Romero.

Family and Friends Hold Vigil

Family and friends of Rita held a prayer vigil on March 25th at Longmont’s Thompson Park. There, they offered comfort to each other and covered a tree with ribbons of different colors and cards with prayers for her safe return.

Jessica Romero

“I know they are doing all they can do to help us,” Romero said about police investigators. “They are doing a lot to bring Rita home.”

Rita’s sister Jessica said, “I’m trying not to break down.” Rita’s three sons are staying with her and she is trying to be strong for them. “It’s been nerve-wracking just trying to remember to breathe.”

Pastor Choutka, the pastor at the Rocky Mountain Christian Church’s Niwot campus, asked people attending the vigil to gather around the family, asking God to give Rita’s mother strength and help the investigators.

“By the powerful name of Jesus, we do ask for a miracle, that she be found safe and sound,” Choutka said to those who gathered at the park to pray.

Rumors and speculation of what happened to Rita have circulated and the family is trying to protect the young boys and cousins. “We are trying to keep them strong,” Diane Romero said.

Rita was last seen wearing a black long-sleeved shirt with black leggings. She has tattoos on both arms, as well as on her shoulder and on her feet.

Sleeve tattoo with eye and wave design on Rita Gutierrez-Garcia’s arm.

Sleeve tattoo with eye and wave design on Rita Gutierrez-Garcia’s arm.

Anyone with information about the disappearance of Rita Gutierrez-Garcia should contact the Longmont Police Department 303-651-8501.

 

TITLE IX INVESTIGATIONS AND SEXUAL MISCONDUCT

TITLE IX INVESTIGATIONS AND SEXUAL MISCONDUCT

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.

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:

  1. Prompt – The DCL defines the meaning of “prompt” as conducting an investigation within 60 days, acknowledging more complex cases may require more time. 
  1. 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 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.

  1. 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

Writing ImageThe 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.

 

 

OLYMPUS DIGITAL CAMERAThomas Lauth

Investigations Division

Email: tlauth.investigations@gmail.com

Tel: 317.951.1100

MISSING PERSONS PRIVATE INVESTIGATORS

MISSING PERSONS PRIVATE INVESTIGATORS

By Kym Pasqualini, Feature Crime Writer for Lauth Investigations

Missing persons and runaway cases are among the most challenging issues facing law enforcement today.

A detective must consider a number of variables when there is no explanation for a person’s disappearance. Was the missing person a victim of foul play? Did they suffer an accident? Was a child kidnapped by another parent and in danger? Do they have diminished mental capacity or other high-risk health risks? Was a child abducted by a stranger? Has the runaway been lured into sex-trafficking?

According the Federal Bureau of Investigation (FBI), National Crime Information Center (NCIC), on average, more than 800,000 people are reported missing each year. Though many of the cases are resolved, approximately 85-90% of those cases are children under the age of eighteen.

As of January 31, 2018, there were 86,664 active missing persons cases in NCIC, with nearly 40,000 active juvenile missing person cases. This number is an average daily total of active missing person cases on any given day. Additionally, there were 8,645 active unidentified persons cases in the national database referred to as the National Crime Information Center (NCIC) at the FBI.

Large computer database systems are used by federal agencies.

Large computer database systems are used by federal agencies.

What is NCIC?

NCIC is a database system accessible to all law enforcement, medical examiners and coroners in the United States. When law enforcement takes a missing person report, or an unidentified living or deceased person is found, the person’s descriptive information and other pertinent data, photograph and property information is entered in NCIC.

The NCIC system regularly cross-references missing person data (files) with unidentified person’s data to find potential matches.

Ideally, every missing person’s data would be entered in NCIC; however, the issue of missing persons is quite complex.

Missing Person Laws

When a child under the age of eighteen is reported missing, police are required by a 1982 congressional mandate to immediately take a report and enter the child’s information into NCIC.

In 2003, Suzanne’s Law was passed for persons between 18 and 21 reported missing, as part of the national “Amber Alert” bill. Previously, police were only required to report missing persons under the age of 18. With Suzanne’s Law enacted, any person under the age of 21 is considered a missing child and law enforcement is now required to also take an immediate missing person report and enter the person’s information into NCIC. One drawback, many law enforcement agencies are still unaware the law exists.

For missing individuals over the age of 21; however, the determination to accept a missing person report is left up to the discretion of each law enforcement agency based upon protocol. Due to the difference existing for missing adults vs. missing children cases, resources for a missing adult can be minimal at times.

There are approximately 17,000 law enforcement agencies throughout the U.S. and many do not have the time or resources to allocate to missing person cases. According to the national Unified Crime Report during 2016, police made 10,662,252 arrests while protecting our communities and leaving police departments throughout the country stretched.

This can be frustrating for families who are concerned for the safety of their loved one.

Many times, police are reluctant to respond with searches for people who may have left of their own accord, or someone who may be living on the street. In many cases where a search response is required, due to suspicious circumstances or threat to life, an actual search can only be prolonged for so long.

(Police conducting a ground search for a high-risk missing person.

Police conducting a ground search for a high-risk missing person.

In addition, there could be jurisdictional issues complicating a search for a missing person where a person goes missing in one law enforcement agency’s jurisdiction; however, their car is found in another, causing complications in search efforts.

Many times, when an adult goes missing, there is not even a starting place or evidence left behind, and the person simply vanishes with no explanation.

Or, a loved one may go missing while visiting another country which can also tie U.S. law enforcement’s hands and causing virtually no effort to be made to find the missing person.

When a loved one is missing, it is necessary to act in a swift, efficient, and organized manner.

Hiring a Licensed Private Investigator

Often, it is necessary to hire a licensed private investigator with experience working with missing person investigations. One who will work cooperatively with law enforcement can be an asset to an investigation.

With a private investigator, there is a pre-determined time-frame to search for the missing person that can be extended until family of a missing person is satisfied all leads have been exhausted. There are no jurisdictions holding a case back when a private investigator is involved. Private investigators can travel state to state and even out of the country if warranted.

There are many different situations where a private investigator can be of assistance in a case, such as:

  • Searching for loved ones who have voluntarily disappeared.
  • Long-term missing persons/cold cases.
  • Minors who may be been victims of human trafficking or kidnapping.
  • Missing persons with diminished mental capacity.
  • Individuals missing due to suspicious circumstances.
  • Individuals missing with domestic abuse history.

Private Investigator’s Tools of the Trade

When we talk tools of the trade, it is important to note, nothing can take the place of good old fashion “Sherlock Holmes” investigative techniques and pounding the pavement. Private investigators have the benefit of working independently and making rapid decisions benefiting an individual case, sometimes operating outside of the boundaries of what law enforcement’s capabilities. Such as, tracking a potential suspect without requiring a warrant, questioning witnesses, interviewing suspects, and even paying informants when necessary.

Surveillance photographs of a suspect in a sexual assault case in Boulder, Colorado.

Surveillance photographs of a suspect in a sexual assault case in Boulder, Colorado.

Private investigators can conduct background checks, court and other records searches, financial records, work and employment information, identify coworkers, business associates, and friends, analyze computers and social networking information, conduct surveillance and search facilities such as jails, mortuaries, and hospitals.

In cases where an individual is missing in another country, a private investigator can travel to identify and interview potential witnesses or suspects and work with the American consulate to better effect an investigation.

Private investigators will work in cooperation with a law enforcement agency.

Private investigators will work in cooperation with a law enforcement agency.

A missing persons investigation is a thorough examination of circumstances involving a missing person’s disappearance and every stone must be turned when time is of the essence.

Because private investigators are not limited to one jurisdiction, they often have a network of other private investigators, law enforcement, and nonprofits to assist if necessary, ensuring all resources are being utilized.

Many private investigators have previous criminal investigation experience and worked for local, state and federal agencies throughout their career, expanding their knowledge base and skills.

If a family of a missing person is unable to get law enforcement to take a missing person report or believe they have not been properly categorized as a “high risk” missing person, private investigators can investigate and present information to the law enforcement agency to reevaluate their initial determination and effect a missing person report.

Following are investigative activities licensed private investigators may assist with:

  • Identify circumstances of the missing person’s disappearance
  • Determine where the person was last seen
  • Investigate potential crime scene and photograph documentation
  • Interview the reporting party
  • Interview potential witnesses and/or suspects
  • Develop list of all known associates
  • Communicate with law enforcement details of the case that can assist in making a missing person report or assist an existing police investigation
  • Ensure missing persons information has been properly documented and entered into NCIC and other databases
  • Systematically canvas area, question local community members, businesses, etc.
  • Identify personal belongings that should be saved and can be turned over to law enforcement authorities for DNA testing, if necessary
  • Work with media when necessary
  • Identify additional resources
  • Provide guidance

When a loved one is missing, time is of the essence and it is critical to identify the circumstances of the person’s disappearance. When considering hiring a private  investigator, it is important to remain cognizant there is only so much that can be done by law enforcement; whereas, a private investigator can devote full attention to a case ensuring the proper steps are taken to search for a loved one.