Articles from Texas Investigators

Trends in Private Investigations

Things have changed since then, according to Robin Martinelli, president of Martinelli Investigation, Inc., Grayson, Ga. Ms. Martinelli believes private investigating has evolved from a once shady business to a respectable industry. "It really wasn't cool 15 years ago. Because of reality and crime shows, private investigating has become more popular. People no longer think about private investigators snooping around and going undercover. The bar has definitely been raised."

With the raising of the bar, private investigators must stay abreast on the latest trends in the industry. "I read and research what's out there. I also belong to several security organizations that have speakers come in and talk about the latest trends," says Tim Dimoff, President of SACS Consulting and Investigative Services, Inc., Akron, Oh.

Pellerin suggests private investigators not only interact and network with colleagues and peers, but also hire smart, young people. "We've been very blessed to hire young, smart college graduates who demonstrate compliance in the investigations industry. By doing this, these guys bring the new trends and technology with them."

Thanks to improved technology and information, the ability to get bottom line information that has historically taken weeks and months to accumulate now can be achieved in hours and days. Let's take a look at a few new trends that are increasing business opportunities for enterprising professional investigators.

Nursing Home Abuse Investigations

According to the Nursing Home Reform Act of 1987, all residents in nursing homes are entitled  to receive quality care and live in an environment that improves or maintains the quality of their physical and mental health. This entitlement includes freedom from neglect, abuse, and misappropriation of funds.

However, according to a congressional report, 1,600 U.S. nursing homes -- nearly one-third -- have been cited for nursing home abuse. The review of state inspection records found that over 5,283 nursing homes were cited for abuse violations. The report found examples of sexual, verbal and physical abuse, including examples of residents being punched, kicked and choked.

Evenmore, all areas of abuse are on the rise. More than twice as manynursing homes were cited for abuse in 2000 than in 1996. In 1996, 5.9 percent of all nursing homeswere cited for an abuse violation during their annual inspections; in 2000, 16 percent of nursing homes were cited.

These abuses have created a market for investigating nursing homes. Martinelli links the swell of nursing home abuse investigations to the growing population. "People are living longer," she says. "And we're seeing more cases of abuse because of the growth of new facilities."

Dimoff acknowledges the increase in nursing home abuse cases and adds that the problem also lies with employees. "People in paying jobs are takingcare of loved ones and low pay does not always equal good care."

No matter the reason for the increase, Pellerin believes the main concern by most families that would engage in alawsuit is that their loved one is not being cared for. "Typically, the concern is abuse, negligence, and irresponsibility within a nursing home and you've got a staff that's caring for elderly people who are in poor health 24 hours a day, seven days a week."

To prove irresponsibility, the private investigator must find a history orpattern of negligence and a code of conduct that conflict with agency's policy. According to Martinelli , there are several ways to approach that. "One is to interview former and existing employees and nurses who might talk. I've also gone undercover in nursing homes and witnessed abuse with cameras in my purse and have even hired older women and men to help me investigate."

To get an idea of the financial rewards  of offering this service, Pellerin says private investigators must get an idea of what's at stake and propose some type of investigation that fits the client's budget that will achieve the results they are looking for."Dimoff also adds that nursing home abuse is a sufficient concern and family members will pay money without hesitation to protect their loved ones.

Locating Missing Heirs

Although only a handful of professional investigators have discovered the opportunity, missing heirs tracing is a unique specialization that can be and often is extremely profitable.

"We've done a lot for probate attorneys or state attorneys representing families trying to resolve matters involving missing heirs who may own a particular interest in a piece of property," Pellerin says. "These heirs are distant from the family and need to be contacted and to sign off on the property."

With today's personal identifiers (social security numbers, dates of birth, driver's license numbers, etc.) most people are locatable. However, Pellerin cautions private investigators not to think locating missing heirs is easy. "The difficult aspect would be if you got a name like Jane Smith and she signed a deed on a piece of property inthe 1940's or 50's. It's a real common name (which would make the case) extremely difficult."

It has been reported that private investigators can take in over $100,000 per year in this area. Pellerin adds that locating missing heirs is steady work from probate attorneys, and private investigators who achieve great results can charge well into the thousands.

"Usually,these types of assignments are flat rated. However, there are situations where an heir needs to be located to resolve a significant estate. If there's a lot at stake and the family members and attorney really need this individual to sign off on certain documentation. The rate is negotiable and the family may be willing to pay to get the job done."

In order to specialize in this area, Pellerin says a smart advertising plan and a sound reputation is a must. "You've got to make it know to your existing and prospective clients that you specialize in locating individuals. Make sure you use litigation related buzz words -- like locating debtors, defendants on civil suits,heirs, witnesses -- on your brochures and website," he says. "A few of our clients have told us that we are the best in tracking down people and once you get the reputation of somebody who does a lot of locate work, it will circulate in the legal profession."

GPS Tracking

Face it: Global positioning systems (GPS) are one of the hottest new items on the market. Like many other electronic devices, GPS was developed in the 1980's by the United States Department of Defense for the military. Today, everyone from parents, business owners, and teenagers are utilizing GPS for their fleets, cars, outdoor activities, and more. Additionally, industry insiders predict GPS tracking devices will become almost as ubiquitous as cell phones in five years. It should come as no surprise that GPS tracking services are surging in private investigating.

"GPS Tracking had been around for may years, but fortunately the technology has improved a lot," says Pellerin. "GPS is evolving into a really sophisticated piece of equipment and technology."

"GPS is a very good device because it's very accurate," says Dimoff. "It can give a private investigator details and requires less personnel, but you can still make money."

"It's like an invisible investigator," says Martinelli. "If you have the tracker and you're sitting at a coffee shop two blocks away, they have no clue (they're being tracked). You know when they move and don't have to move until they do. You can be sitting at a hotel room or office and doing other stuff while the tracking is working for you."

GPS tracking services can also help expand a private investigator's ability to make money by making it affordable to clients. "Clients generally want to know a lot of locations and whereabouts over a long period of time. However, a lot of companies cannot afford to have a lot of people doing surveillance over a large period of time," says Dimoff. "What the GPS did was opened up a whole avenue of income that clients before would stay away from because of cost. GPS can be put on a car and let go for a week."

However, GPS tracking is not without legal restraints. According to Pellerin, certain state laws tightly restrict the use of GPS tracking. The only person legally allowed to secretly hide a GPS tracking device in a car is the registered owner of the vehicle. All other uses constitute a misdemeanor.

Despite this, Dimoff believes GPS tracking is worth it. "We had a company that needed six cars followed and it didn't want to pay for people to follow them. We purchased six GPS units and the client ended up paying for all six GPS units and software."

Private investigators interested in adding GPS tracking as a specialty can simply purchase the equipment necessary. "acquire one or two units," says Dimoff. "A few years ago, they were very expensive. Today they are very affordable and you can get one with software for a couple of hundred dollars."

Computer Forensics

 According to a recent study, a whopping 76% of people own computers. Making it easier for people to commit crimes while hiding behind their computers has paved the way for computer forensics, a specialty that has picked up of late, according to Martinelli. "Ten or fifteen years ago, we didn't have computers. Today, even kindergardeners have computers."

But, what exactly is computer forensics? It's the practice of collecting legal evidence, also known as digital evidence, from computers, digital camera cards, PDA's, mobile phones, and other digital storage media, says Gary Huestis, director of technology for Discovery Forensics.

"Depending on the case, we are asked to find out how a computer was used, did this happen and how did this happen," he says. "After we get the evidence,we get some background information on what the client wants investigated."

Digital evidence can be abstracted in many ways. A computer forensics expert can access parts of the hard drive reserved for programs that normal users cannot see. Then, they use special software programs to put it back together the way events transpired.

Huestis says typical cases would be intellectual property and divorce cases. "In divorce cases, spouses will bring in a computer and we'll search it to find traces of spouses sending instant messages to other people and perusing dating websites. We can even pull up emails and profiles of people they've been seeing. Even if they have programs installed that are designed to clean up or hide their tracks, we can still find the evidence."

"Intellectual property cases are when a person gets fired or quits a job with an employer and goes to work for a competitor. Usually the former employee is stealing company secrets or downloading business contacts," he continues. "They'll often email themselves a contract list or programs, even though its proprietary company information. The original employer gives us access to that employee's computer and we look for evidence."

Huestis got his start in computer forensics by doing computer repairs and taking  classes. The strict process of becoming certified takes about a year, according to Huestis, and involves a written exam, as well as a practical exam that presents solving mock cases involving real life scenarios. It can take a fairly substantial investment because of the training and software involved, but there are significant financial advantages to offering this type of service.

However, Martinelli adds that private investigators not interested in becoming a computer forensics expert should consider acting as a facilitator. "I contract all of my work to a former police officer who specializes in computer forensics. I'm not a computer forensics expert, but will find someone for my clients."

Opportunities are available for private investigators interested in expanding or broadening their specialties by incorporating nursing home investigations, missing heir searches, GPS tracking services, and computer forensics into their businesses, to name a few.

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Jimmy Mesis, Publisher

Don Johnson, Editor

Tera Shelton, Reporter

Estranged Mother and Son Reunite

In April of 2008, an elderly mother requested that Texas Investigative Network, Inc. help her locate her estranged, adult son. She had not spoken with him since several years prior, at which time he had fallen on hard times. His business had floundered, and he was forced to sell nearly all of his assets just to get by. From the beginning, the case’s success appeared to rely on the difficult task of making contact with a nondescript, middle-aged man who was living out of his vehicle in a large metropolitan area and working day to day labor jobs with very little stability. Yet the purity of the case’s larger objective – to assuage the maternal concerns of an aging mother disposed to fear the absolute worst – outweighed any reservations that may arise from the apparent difficulty of the assignment.

The initial research proved fruitless – not surprisingly – as the transient lifestyle of the son made him very elusive. An unlikely break came, however, with the discovery that the son was a witness to a recently perpetrated crime. As a witness, the son’s name and his pre-paid cellular phone number were listed in this incident’s police report. Though the detective handling the criminal investigation would not release the telephone number (for understandable reasons), persistence revealed two other law enforcement offi cials with access to the witness’ information, the second of whom was sympathetic to our client’s situation. After the contact information was obtained, a candid telephone conversation between Investigator Stewart Batsell and our client’s son revealed that times for him were still difficult, and his perceived embarrassment and shame from his own struggle was what kept him from reaching out to his mother. After several more mediational telephone conversations thru which the mother and her son communicated indirectly, the ultimate goal of the case was accomplished when direct contact between the two was re-established. Although it was sad to discover that the son’s struggles continued, the case had a warmly personal conclusion when the mother expressed her gratitude to TIN for coordinating the communication that put to rest her troubling fears regarding the fate of her son.

5 Things Every Business Owner Should Know When Hiring a Private Investigator

1. A Private Investigations company must have an active license in order to conduct business within the state of Texas

   The company license insures that the Owner/Investigator has passed a Criminal History Background Investigation performed by the Department of Public Safety and the F.B.I., has completed and passed the required amount of Continuing Education Courses (16 hours per licensing term) and has shown proof of Professional Liability Insurance.
   

2. A Private Investigator is not a Police Officer and thus has no special powers of arrest.

   A Private Investigator has no authority in Texas to carry a concealed firearm beyond that of a private citizen. Private Investigators are prohibited from breaking Federal, State or Local laws in the course of conducting any investigation or surveillance. A Private Investigator cannot tap telephone lines, conduct illegal searches and seizures, or violate anyone's civil rights.
   

3. The Private Investigative industry offers a variety of investigative services to prospective clients.

   Mobile/Covert Surveillance, Insurance Claims, Corporate Theft, Undercover, Infidelity, Background Investigations, Locating Debtors/Witnesses, Asset/ Business Record Searches and Accident/Incident.
   

4. Most Private Investigative Firms specialize in a few specific areas.

   Texas Investigative Network, Inc. specializes in Mobile/Covert Surveillance, Civil Litigation (Insurance Defense, Product Liability, Locates, etc...), Electronic Countermeasures and Interrogation/Polygraph Examinations.
   

5. A Private Investigative Firm typically charges by the hour plus mileage and expenses for their services.

   With client authorization, an investigative strategy is proposed and implemented. Upon conclusion of an assignment, clients may request a professional report which addresses all prior areas of concern.

Bill Pellerin is president and founder of Texas Investigative Network, Inc., based in Houston. The company, founded in 1994, specializes in obtaining private and publicly held information and evidence.

Evasive Litigant Finally Served Papers in Child Custody Matter

Attorney John Pavlas’ office contacted us and advised that a Private Process Server had thus far been unsuccessful in executing service upon an adverse party in a Harris County divorce case. The adverse party was the mother of 2 children and, as a result of a recent and significant incident of negligence, was therefore being sought for service of legal process which would require that she re-appear in a Family Court of Law.

Investigator Pellerin recalls meeting with the Private Process Server in order to pick up the legal documents. The process server advised Pellerin that he was formerly in law enforcement and rarely had this type of difficulty in serving legal process upon litigants. “I’ve sat up on her house for hours and I’ve even tried catching her at work and I can’t get her to come up to the front…well here you go, good luck with this one”.

Investigator Stewart Batsell confirmed this person’s current employer but rather than inquire for her at the receptionist’s office, Investigator tracked down her vehicle among several hundred other vehicles in a multi-level parking garage and established a discreet surveillance position within this garage. That afternoon, a female who physically and characteristically matched the description of this person as described by Mr. Pavlas’ Client, appeared from one of the elevator banks and began walking cautiously and attentively toward her vehicle. Convinced that this female was in fact the litigant involved in this litigation, Investigator Batsell exited his vehicle and promptly executed service upon this person. In spite of the fact that this person attempted to deceive Investigator Batsell of her true identity and subsequently began to dramatically draw attention to this simple and routine legal service, valid process service was in fact finally executed upon another evasive litigant without incident.

 

5 Areas Where a Private Investigator Can Assist You in Your Business

1. Pre-employment

   Conduct Background Investigations on prospective employees; Searches of Criminal, Civil and Driving History records; Pre-Employment, Reference and Credentials verification

2. Internal

   Investigation of circumstances involving Corporate Theft, On-the Job Accidents, Violations of Non-Compete Agreements; Investigation/Surveillance of Corporate Espionage; Countermeasures/Electronic Bug Detection
   

3. Undercover

   Undercover investigation of activities within the workplace (office, shop, warehouse, plant or shipping/receiving facilities); Theft of Inventory, Products, Materials or Supplies, Determine employee use of Illegal Drugs and/or Alcohol

4. Mergers and Acquisitions
   

   Research of Publicly recorded and Financial Assets; Due Diligence regarding Business and Corporate Filings; Research of Judgments, Tax Liens and Bankruptcy Filings in appropriate jurisdictions
   

5. Third Party

   Investigation of matters in Litigation; Investigation and/or Surveillance of employees unable to work (allegedly) due to accident or disability claim; Investigation of Product Liability issues

Bill Pellerin is president and founder of Texas InvestigativeNetwork, Inc., based in Houston. The company, founded in 1994,specializes in obtaining private and publicly held information andevidence.

Q&A: Witnesses on Lawyers

Bill Pellerin is president and founder of Texas Investigative Network, Inc., based in Houston. The company, founded in 1994, specializes in obtaining private and publicly held information and evidence.

What is the most challenging thing about serving as an expert witness?

There is no doubt in my mind that the most challenging aspect of serving as an expert witness is in performing at optimum level when it matters most - in court testimony. An investigator or expert who is unable to execute this all-important final task in the courtroom places him- or herself in a situation similar to that of a pitcher who is unable to retain a lead for his team in the ninth inning of a baseball game.

What is the strangest thing you have encountered as an expert witness?

In 1992, I was called to testify in a murder case I investigated in Harris County for a criminal defense attorney. Having just finished my testimony concerning facts that I had developed in the course of my investigation, it was time for the prosecutor in the case to cross-examine me. He attempted to re-phrase his initial question to me no less than 10 to 12 times, stumbled over several of the words he intended to use in his initial question, and then began to demonstrate reluctance in even beginning the cross-examination process with me. Unable to complete his initial question, he unexpectedly announced, "No further questions".

What can attorneys do to better prepare an expert witness?

It can be quite helpful to the entire team when issues relevant to the suit (as well as challenges which could be raised by opposing counsel) are, when appropriate, shared and defined clearly. In my opinion, this degree of communication is essential in strategically developing and carrying out a plan, concentrating specifically on those areas that could reveal facts or evidence pertinent and critical in the matter.

What single aspect of your job do you most appreciate?

There is tremendous fulfillment in uncovering one witness, one fact, or one piece of information and/or evidence that, through the duration of a civil lawsuit, was overlooked by the adversary. Investigators have been known to research, cogitate, work, delierate, and review at length the facts of cases they are engaged in hours in excess of that which they may bill a client for. Consequently, when a new and critical witness, fact, or piece of information/evidence is brough to light, determined to be relevant, and whose exisetence alone alters the direction in which litigation is headed, one can't help but experience a sense of pride and fulfillment.

From the Texas Bar Journal, September 2006

Scheme to Defraud General Contractor (Road & Highway) Company Uncovered

In March of 2008, executives at a large highway construction contractor noticed that expenses generated by a specific Sub-Contractor involved in a large, ongoing commercial job had begun to exceed the costs projected for this phase of work. The General Contractor estimated that current losses were in excess of $200,000.00.

Texas Investigative Network, Inc. was engaged to investigate and began by analyzing invoices submitted by the sub-contractor, truck slips signed by the General Contractor’s foremen and copies of driver logs maintained at a delivery site designated for this project. The errors and inconsistencies identified in our initial analysis of these records led Investigators to believe that the monetary value of the services having recently been provided by the Sub-Contractor were noticeably less than that which was actually billed to The General Contractor.

Investigators then requested the personnel hierarchy for the General Contractor personnel as well as a list of drivers for the primary Sub-Contractor in order to identify those individuals who were in a position to have knowledge of, or participation in any activity which may have contributed to this fraudulent scheme.

Surveillance was then initiated at the delivery site designated for this project, and continued for several consecutive days.

The decision to conduct surveillance at a locale which maintains daily driver logs proved to be a good strategy, as our Investigators were able to successfully quantify, and capture video evidence of all delivery loads made each day by drivers for the Sub-Contractor:

The new delivery data specifying trucks, dates, times and quantity of deliveries, and the video evidence provided an accurate representation of the activity for these days. Investigators were then able to reconcile this activity against the truck slips approved by the General Contractor’s foremen for deliveries that had allegedly occurred at the site, and the invoices generated by the Sub-Contractor for these exact same days.

Once Criminal Histories were run on several individuals determined to be suspects, Texas Investigative Network, Inc. moved swiftly to schedule interviews of these same individuals. Extensive interviews of select General Contractor personnel, as well as drivers from the Sub-Contractor’s company were carried out and produced the following results:

The General Contractor Foreman – Investigators acquired an audio taped, hand-written and signed statement confessing to his  nvolvement in this scheme; the Foreman was promptly terminated.

Key Driver for Sub-Contractor – Investigators acquired a hand-written and signed statement confessing to his involvement in this scheme; the driver was permanently removed from this job-site; The General Contractor executives subsequently received an offer for full restitution from an attorney representing this driver.

Sub-Contractor – Initially, this trucking broker defiantly denied having any knowledge or involvement in this scheme. Facing criminal prosecution by the Harris County District Attorneys’ Office, the broker eventually agreed to execute a promissory note payable to the General Contractor for an amount close to the actual loss amount.

Livestock Show & Rodeo Committee Official Caught on Video Entering Hotel Room with Other Woman

In February of 2008, a woman who suspected that her husband was being unfaithful engaged Texas Investigative Network, Inc. to document this man’s activities and associations while working as a volunteer at the Houston Livestock Show and Rodeo Cook-off.

T.I.N. investigators successfully maintained discreet surveillance of the subject over a period of four consecutive days and noted that this man worked exceptionally hard, presumably in an effort to earn an excused absence from the late-evening volunteer activities which may have been required of him. Investigators discovered that rather than return home after his volunteer activities each evening, the subject was staying at a nearby hotel.

On the evening of the 4th day of surveillance – which spanned exclusive BBQ cookout tents, restricted parking lots, Reliant Arena, and the hotel – 1 of our surveillance investigators obtained point-blank, covert video of the subject and his girlfriend entering the subject’s hotel room together after midnight. This identifiable footage, which confirmed beyond any doubt our client’s worst suspicions, was submitted to her, and – with her authorization – to her attorney as well.

Corporate Exec Spends $5,000.00 a Month In Suspicious Entertainment Expenses

The initial call in this assignment came from a rather nervous Executive Assistant employed with a large U.S. corporation. Historically, she had always approved and processed reimbursement of all credit card expenses incurred by her direct report, this corporation’s Chairman of the Board. Typically, the credit card expenses charged by this executive consisted of travel, lodging, meals, etc…and she was generally instructed to approve them “without examination”.

According to this assistant, a charge in excess of $ 5,000.00 - identified only by a cryptic name - appeared as an expense on one of the monthly credit card statements and continued to appear on this statement for 2 successive months. In searching a variety of online public information sources and utilizing an internet based information broker, the assistant remained unable to properly identify the entity referenced on the credit card statements. Texas Investigative Network, Inc. was engaged to discreetly identify the correct legal and trade name for the entity to whom these payments were made, however, in order to protect the anonymity of the assistant in the event that our findings reflected poorly on the Chairman of the Board, our investigative file was established with a 3rd party representative as our client of record.

Relying on our extensive computer databases, we quickly identified names for several companies resembling the cryptic name seen on the statement submitted by the assistant. The names for each of these companies were then run through a series of records and public filings in order to obtain additional status and business identification details. Not surprisingly, the address for the business most similar to the cryptic name on the statement was the address of an extremely popular gentleman’s club in Houston, Texas.

This information was subsequently reported to our client thereby confirming the assistant’s suspicion relative to the cryptic entries on her boss’ credit card statement.

Loss of a Pioneer in the Investigations Industry

It is with great sadness that I share with our friends and clients the death of Clyde A. Wilson on November 1, 2008. Clyde was a beloved husband to Agnes for 60 years, a father to 7, a grandfather to 26 and a great-grandfather to 28.

Clyde was a friend and mentor to many and was not only an icon in the Private Investigations industry, but also operated a successful, world-class agency in a manner which many investigators aspired
to emulate. Clyde’s direct, result-oriented approach and relentless pursuit of the truth and fairness were unparalleled. Clyde’s unique style and record of achievement left a firm footprint behind and will remain with us for quite some time.

On behalf of the many Private Investigators in Houston who at one time had the opportunity to work for and learn from Clyde, I extend our condolences to the family and gratitude for having received the
opportunity to know and learn from such a special man.

A TRIBUTE TO CLYDE

International Terrorism, Government and Political Corruption, Corporate Espionage, Fraud,Embezzlement, Murder for Hire, Infidelity and Scandal

For over 40 years, Houston Private Investigator Clyde Wilson demonstrated heroic courage in taking on AND SOLVING cases - many of which, “The Authorities” chose not to be involved in.

The state of Texas was very fortunate to have a friend like Clyde Wilson – a pioneer in the Private Investigations industry.