One of the most critical things private investigators do is collect and compile pertinent information to help bolster a legal case. Whether it’s to provide evidence of insurance fraud in a corporate investigation case or gather the proof needed to tip the scales in a child custody situation, the records filed in court can mean the difference between a nail-biter and a slam-dunk case. That said, there are certain things one should understand about court records before proceeding, including how to leverage them to help bolster your investigation. Let’s take a look.
They’re accessible to anyone. Unlike many other means that private investigators use to check the background of a subject, court records do not require any special permission to access them. They are public record and available to anyone who requests access.
They contain factual and reliable information.In most cases, court records contain information that is obtained under oath, including depositions, sworn statements, allegations, affidavits and proceedings. Because these documents are taken under oath, the info contained within is considered to be reliable and accurate, which makes them incredibly valuable to private investigators.
There are two different types of court records – state and federal. Each typically handles its own categories of offenses. For example, state court hears civil cases, such as divorce, child custody and small claims. Federal court handles higher-level scenarios, such as immigration, social security and any federal law that’s been violated.
Having all possible names is important. If you’re looking for information about a particular person in court records, the more identifying data you have, the better your chances. For instance, many people have nicknames and some have used aliases throughout their lives. Experienced private investigators know how to dig up these details when performing research.
Different types of cases will include different information. Court records for civil cases will typically only contain the name of the parties involved. Other identifying data, such as date of birth and social security number will usually not be included. This can pose a challenge for situations in which the party in question has a common name. Federal cases contain more details.
Searching multiple databases can provide better results.The problem with many court records is that they were completed and filed by humans, which means mistakes could have been made in the process. This is why private investigators cross-check multiple sources to help identify errors, omissions and other incorrect information and hone in on what’s accurate.
Going directly to the court house is the most effective option.While the internet has made searching court documents and other legal databases much easier, the only way to access actual court records is to visit the court in person.
When it comes to finding information and making a case stronger, court records can provide the ammunition needed. Understanding what these filings mean as well as how to best search and access them can make pulling the information you’re after much easier and more efficient. Of course, nothing replaces the services of skilled, seasoned private investigators. If you need assistance with anything from a basic background check to a detailed personal or corporate investigation, Lauth Investigations International, Inc. can help. Give us a call today at 800-889-3463to discuss your specific needs.
Vetting is a process most often spoken of when it comes to political candidates. A potential candidate can go through extreme forms of background checks and research into anything from family matters to finances. Because they are backed by political parties and face media scrutiny, this process remains essential and goes unchallenged.
Why then do people of similar position in the private sector often go through the hiring process unchecked? In 2012 Yahoo CEO Scott Thompson was one such case when he was found to have lied about his educational history when he added a dual major for a degree that didn’t exist at his alma mater. After this information was made public, he was fired, others in charge of hiring forcibly resigned, and thus became a monster headache for the struggling corporation.
Former Yahoo CEO Scott Thompson (Source Cnet)
This is just one example in long line of upper management being improperly hired, leading to scandals down the line: impacting the company, the brand, and the bottom line. In order to avoid such public pratfalls, a thorough vetting process would be wise to implement for the most influential positions of a company.
Proper Vetting Techniques, Facts, and Myths
1. Make sure the right employees are involved in the hiring process. Especially in large organizations, certain members can do more harm than good. For instance, in Yahoo’s case board members were heavily involved in major hiring decisions, causing strife with the HR department (aka people who are trained to hire others). This led to some obviously poor decisions including informal interviews without HR knowledge and/or going through proper vetting channels.
2. The higher the position, the more detailed and stringent the hiring process should be. Makes sense right? You’d be surprised at how this can often be reversed. Some suggested this occurs from not wanted to upset your potential CEO who might find it undignified. An HR exec at Pepsi-Co Suggests that the “more senior you are, the more its about relationships and less about filling out an application.” Whatever the case may be, this backwards thinking has lead to many a company’s PR department having endless migraines.
3. Vetting process isn’t just for the companies benefit. Being properly vetted helps the potential hire and not only through avoiding embarrassing public scrutiny. By having certain exaggerations or falsities come up through vetting, it allows the candidate the chance to correct the error and move on before it can scar them for life.
4. Utilizing a third party for this process can avoid in-house biases. Hiring objective, experienced investigators can produce the best results without leaving hiring or HR department of the company in compromised positions. However, said department should still work closely with the investigators in order to receive the necessary information.
5. Trying to understand the candidates psychology. Just because they passed a background check and have the necessary credentials doesn’t mean they should become the face for your organization. Trying to suss out cases of candidates too consumed with power or narcissism can be tricky, but there are options available. Going beyond a person’s references can stem from asking a reference particular questions or interviewing the potential hires previous employee underlings. Taking the time to go through such measures can help determine if he/she would be proper fit for your company.
6. Not just CEOs. Vetting techniques can and should be used for candidates of many industries. From the coach of professional sports organizations to higher ups in various form of academia, if you can be hired in a position of power, then the organization should take the time and due diligence to make sure you won’t come back to haunt them.
For several decades, animal rights organizations have provided a voice to the animals that couldn’t speak up for themselves. The fight against animal cruelty is ongoing, and despite new regulations, many animals are still kept in abusive conditions worldwide. One of the best ways to catch the offenders and put an end to the cruelty is by gathering video evidence of inhumane situations. Many of these animal rights organizations have begun hiring private investigators to do surveillance on locations that have been rumored to be abusive.
A Voice for those Who Have None
In 2009, TIMEran an article about a private eye who went undercover at a hog farm. The investigator, who went by the name “Pete”, gave up his dream of becoming a cop and left behind his family and friends to pursue a career as an animal rights investigator. His account of the farm and the ensuing court case were featured in an HBO documentary called Death on a Factory Farm. Thanks to his video evidence, Pete has been able to uncover horrible conditions at farms and factories of all kinds throughout the country. According to him, the worst was chicken farms, where barely living hens were tossed into the trash after having their necks broken.
Farms aren’t the only places being targeted by investigators and organizations alike. The Ringling Bros. Circus and People for the Ethical Treatment of Animals (PETA) have been in an ongoing battle over claims of animal abuse. PETA has launched its own investigation into the circus, documenting video footage of circus staff beating elephants and gathering witness accounts from past circus employees. Aquariums and zoos have also been in the news after documentaries like Blackfish brought abuse at SeaWorld to the public’s eye. Zoos, kennels, and even private homes are also hot spots that may require an investigation.
Doing it the Right Way
Often, the people who look into these claims and infiltrate businesses aren’t investigators at all. And when someone who’s inexperienced in the field of investigation goes undercover, there’s the potential for serious consequences. Consider the story of Taylor Radig, an animal right’s activist who went undercover at a cattle company in Denver, Colorado. Radig was a contractor for Compassion Over Killing, an organization dedicated to uncovering and preventing animal cruelty. Her investigation was centered around gathering video evidence at the cattle farm. During her time there, Radig witnessed workers pushing and shoving day old calves, a clear sign of animal abuse. Once she presented authorities with her proof, those workers were charged with cruelty to animals. However, Radig soon found herself charged with the Class 1 misdemeanor as well, because she had neglected to report the abuse as soon as she had seen it.
Taylor Radig isn’t the only person to be charged with the very abuse she was trying to prevent, and she certainly won’t be the last. Some states have laws that require cruelty to be reported immediately, and those who view it and fail to tell authorities in time are just as guilty as the offenders. That’s why it’s important to hire someone who is experienced in the field. Even Pete, the private eye who investigated the hog farm, was unlicensed at the time of the article. He and others like him run the risk of criminal charges and lawsuits if they get caught, and the evidence might not hold up in court as well if it was obtained illegally.
For these reasons, several animal rights groups have decided that simply having an organization member go undercover isn’t enough. These groups are dealing with big companies, and investigations require careful planning that are performed according to the law. Hiring a licensed, experienced investigator who is familiar with the law can ensure that this video evidence is collected in a safe matter. After all, a court battle involving an amateur investigator takes away time and attention from the true victims here: the animals.
Considering a lawsuit? Waiting to collect a judgment? If so, it may be time to hire a licensed private investigator to conduct a corporate asset investigation. Corporations are viewed legally as a separate legal entity from their shareholders, and are considered as legal persons in the eyes of the law. Corporate litigation is also an expensive and lengthy process. Due to these circumstances, asset searches involving corporations require a specific type of investigation that only a licensed private investigator can provide.
Reasons for a Corporate Asset Search
Most investigations of a corporation’s assets occur in two stages: pre-trial and post-trial. A pre-trial search of assets can help clients determine if a lawsuit is worth pursuing. The cost of corporate litigation adds up, and if the opposing company won’t be able to pay a judgment, the lawsuit will end up costing much more than it is worth. Asset searches can also prevent a lawsuit from happening in the first place. Information on things like hidden bank accounts and past lawsuits has proven to be a valuable tool for negotiations. For corporate litigation totaling over 500k, an asset search is essential.
Conducting an asset investigation post-trial will uncover assets that a debtor is trying to conceal. People and companies who are forced to give up assets will often go through great lengths to hide them. Businesses have been known to move funds offshore and set up overseas bank accounts in an effort to hide their money, and some may misrepresent the amount and value of their assets. Debtors will also have assets that are protected under the Fair Debt Collections Practices Act, making it much harder to obtain a judgment. It can take up to ten years for a creditor to receive their judgment in full, and that’s not accounting for legal extensions. The creditor has a legal right to receive their judgment, but is often left to retrieve that money without the aid of the court.
Hiring a Private Investigator
Most corporate attorneys do not have the time or means to conduct a thorough pre-trial investigation of a company’s assets. In post-trial investigations, creditor rights attorneys will work together with private investigators to ensure that their client’s judgment is paid. They need information quickly and legally, which is something that a licensed corporate private investigator can provide. Intelligence on liquid assets can be hard to come by legally without the aid of a professional, and can take a long time to prove successful. A private eye will work together with an attorney to thoroughly investigate the following:
Bank accounts
UCC Filings
Federal and state tax liens
Real estate and mortgage information
Bankruptcy
Past judgments and lawsuits
Affiliated companies
Offshore assets
There are several ways in which a debtor will attempt to conceal assets, making an asset search necessary. Public records and internet searches will only turn up so much, and must be done so by legal means. Hiring an investigator who is experienced in corporate litigation will increase the likelihood that a creditor will receive their judgment in a timely manner.
Choosing the Right Investigator
Hiring a licensed private investigator is an essential part of a corporate asset search. With no less than 20 years of experience, Thomas Lauth and his team of investigators at Lauth Investigations International will work attorneys to ensure that the client’s needs are met. With three main locations in Indianapolis, IN, Denver, CO, and Miami, FL, our investigators are dedicated to providing national and global corporations with complex investigations.
Facing divorce is an extremely emotional event that affects all parties involved, especially if there are children. Divorces can be very emotionally charged, creating feelings of hostility, sadness, resentment, blame, insecurity, and jealousy. Without a doubt, divorce is a life-altering event and rationality does not always play a primary role in the behavior of the parties when experiencing such turmoil.
A “no-fault” divorce is based upon irreconcilable differences and defined as “dissolution of marriage that does not require a determination of misconduct by either party in the divorce,” meaning the petitioner is not required to prove the respondent has committed adultery, domestic abuse, abandonment, felony crime, or similar acts. Prior to no-fault divorces, respondents had been forced to recriminate and participate in a “blame game” prolonging the waiting period of the court’s decision, along with the emotional turmoil all parties experience during the process of divorce.
It is estimated 40-50% of marriages, and up to 60% of second marriages will end in divorce. The most common contributors to divorces are infidelity, accounting for approximately one-third of divorces. Other popular causes are simply growing apart, domestic abuse, financial problems, and sexual discontent, and even interference from family and friends.
As of October 2010, all fifty states and District of Columbia had adopted statutes that recognize a no-fault divorce and enable a court to make a decision without requiring the petitioner to present evidence against the respondent. In fact, according to research conducted by economists Betsy Stevenson and Justin Wolfers, incidents of domestic violence and female suicide have declined with the adoption of no-fault divorces. When mutual consent exists between both parties seeking a divorce, it can end the prolonged suffering of all involved.
Several issues exist that can influence a no-fault dissolution of marriage such as child custody and support, alimony, and the division of assets. When children are involved, allegations of infidelity and child abuse must be considered.
Dissolution and Dissipation of Assets
When adultery occurs in the mix of irreconcilable differences, emotions are at an all-time high but the parties must also consider the effect it can have on the dissolution of the marriage and equitable distribution of assets. When a spouse uses funds for his or her own benefit for purposes unrelated to the marriage while irreconcilable breakdown is occurring, it is termed dissipation of assets. Gambling and drug use can also become a factor when there is intentional dissipation or damage of marital assets. Of course, information relating to such allegations must be well documented in order to substantiate the link between the behavior and the overindulgence or hiding of assets.
Though state laws vary on how courts will determine the timing of wasted assets, an experienced private investigator can identify and document information related to gambling losses, squandered on a lover, criminal activity, and even failure to pay the couple’s primary bills such as mortgages.
When a wife maxes out her credit cards on frequent spending sprees or a husband purchases extravagant gifts for his mistress, a court can take these actions into consideration when dividing property, however these activities must be proven and carefully presented.
The majority of Americans consider infidelity morally wrong and there are still states that consider adultery a criminal offense. Though arrest is highly unlikely in the majority of infidelity cases, proof one party has committed a sexual act for the exchange of money (prostitution), can powerfully influence a court’s decision.
Dissolution and the Private Eye
When considering divorce, information legally collected by a private investigator (commonly referred to as a PI), can be a huge asset. Information obtained during a private investigation can be a strong bargaining tool between parties in an effort to prevent a prolonged and embarrassing court battle, or presented as evidence into court.
When a party going through a divorce is making allegations of misconduct as basis of dissolution of marriage, the incidents of misconduct must be carefully documented to be considered admissible in court. This is when the services of a licensed private investigator can be vital to establishing grounds for the divorce and certainly instrumental to a favorable outcome.
Private investigators have an obligation to those they represent to conduct investigations and surveillance in a legal and ethical manner. When presenting a case to the court it is important to present a true picture that is be presented when such as a comprehensive presentation of assets, spending, any illegal or immoral behavior, acquaintances, or criminal activity.
Thomas Lauth, a twenty-year private investigator, and owner of Lauth Investigations International headquartered in Indianapolis, IN, with offices in Denver, CO, and Phoenix, AZ. Considered an authority in the field of private investigations.
Lauth has specialized client services to individuals facing a divorce. “We recognize divorce can be a traumatic event in the lives of our clients and focus on alleviating much of the stress by collecting the information, conducting surveillance, and properly presenting the information to prevent and even alleviating prolonged stress.”
Author/Freelance Writer Kym L. Pasqualini Lauth Investigations International 201 N. Illinois St., 16th Floor – South Tower Indianapolis, IN 46254
One of the most critical things private investigators do is collect and compile pertinent information to help bolster a legal case. Whether it’s to provide evidence of insurance fraud in a corporate investigation case or gather the proof needed to tip the scales in a child custody situation, the records filed in court can mean the difference between a nail-biter and a slam-dunk case. That said, there are certain things one should understand about court records before proceeding, including how to leverage them to help bolster your investigation. Let’s take a look.
