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investigating informants

November/December 2004 - Issue 76

 

$6.00


COVER:
WANTED INFORMATION
By Jane Cracraft, Associate Editor, PI Magazine
Criminal defense investigators are now finding success by utilizing creative and inexpensive new methods to gather information on informants. There are those who believe the use of the new “wanted” poster is too unorthodox, unethical and may intimidate or harass.

FEATURES:
INSURANCE FRAUD:
A GUIDE TO GETTING CASES PROSECUTED
By Daniel W. Draz, CFE
Private investigators can play an important role in proving material misrepresentation and material omission in fraud cases. Investigators should understand the process and requirements in order to get their cases prosecuted quickly and effectively.

INTERVIEWING ADOLESCENTS AND YOUNG ADULTS
By Jean D. Erhardt and Linda M. Grounds, Ph.D.
Dealing with adolescents and young adults in the legal setting can be problematic. Two experts give their perspectives on how to listen more effectively when talking to the young.

SKIP TRACING:
A REFRESHER
By Richard Heinz
Professional Investigators need to get back to the basics with the new federal, state, and local laws limiting access to public records.
Learn new resources and techniques on skip tracing, internet searching, and professional networking skills.

DEPARTMENTS:
WHOSE PERSPECTIVE ARE YOU USING?
By Grace Elting Castle
How investigators can avoid being undermined by their own perspective when trying to gather the facts.
Exerpt: Investigators gather facts. We keep our reports free of opinion.Do we really? Or are we fooling ourselves? While we’re concentrating on gathering facts, we can be undermined by perspective. The dictionary defines perspective as “a particular evaluation of a situation or facts, especially from one person’s point of view.” Point of view is “somebody’s particular way of thinking about or approaching a subject, as shaped by his or her own character, experience, mindset, and history.”

FALSE SWEARING:
An Insurance Defense on Fraudulent Claims
By Barry Zalma
Important defense tools investigators and insurers should not avoid using when they suspect that an insured person has sworn falsely under oath.
Excerpt:False swearing is a crime in all states. An insured that is guilty of false swearing is subject to the possibility of criminal liability. The person swearing falsely also destroys the right to recover under a policy of insurance.In common language, the “false swearing” provision of an insurance policy merely relates to a lie under oath...

PI MAGAZINE SPECIAL REPORT:
KING FOR THE DEFENSE
By Michael J. Koryta
Cleveland-based private investigator Keith King sat second chair at a recent successful criminal defense case. He showed how good investigators are under utilized, and can be valuable sitting second chair in any trial case.
Excerpt: Cleveland-based private investigator Keith King has two reasons to celebrate his work on a recent criminal defense case. Not only did his field investigation prove critical to the jury’s acquittal of the defendant, but King sat second chair at the murder trial and offered valuable advice during cross-examination...

CONCEALED CARRY UP-CLOSE: The Steve Young-Law Enforcement Officer’s Safety Act of 2004
By Warren J. Sonne, Associate Editor
A clarification of the recent bill signed into law allowing active and retired law enforcement to carry concealed weapons has many rules and restrictions that should be known and understood by all those that apply.
Excerpt: The hodge-podge of laws relating to the carriage of concealed weapons by law enforcement officers never seemed to make much sense to me, coming from the detective division of the NYPD. The surrounding states of New Jersey and Connecticut are virtually suburbs of New York City, with millions of people (some of them bad guys) trekking into NYC on a daily basis. There are thousands of federal LEOs crossing these borders daily...

HISTORY OF A GUN BILL
By Warren J. Sonne, Associate Editor, PI Magazine
An up-close look at 12 year struggle to pass the bill into law.
Excerpt: According to Timothy R. Richardson, Senior Legislative Liaison for the Fraternal Order of Police; “The FOP was the primary organization in favor of the bill, along with several much smaller rank-and-file police organizations. The opponents of the bill were the International Association of Chiefs of Police (IACP), the Police Executive Research Forum (PERF), and a few other police management groups.” I found the apparent break in the “blue wall” a little odd, so I decided to poke around a little...

THE FEDERAL “PRIVACY ACT” AND “FREEDOM OF INFORMATION ACT” AS INVESTIGATIVE TOOLS
By Larry Zillox
How to request information from the government on the government agency itself, about persons, companies or organizations, using the Freedom of Information Act.
Excerpt: The Privacy Act pertains to how the federal government collects, maintains and disseminates information about individuals. There are two important elements you need to know. Number one, this is a federal law and applies to federal government agencies only. It does not apply to records held by state, county or local agencies. States have similar laws about releasing documents that often mirror the language found in the federal statues. The second important point is that...

WORD FOR WORD: A Profile of Don Foster, Forensic Linguist
By Atticus Brady
Foster is widely considered a leading authority in the science of attaching names to anonymous, pseudonymous, or forged criminal documents, a field known as “forensic linguistics.”
Excerpt: When faced with the question of who wrote an anonymous terrorist threat, ransom note or hoax letter, the FBI often calls Don Foster. A Shakespeare scholar and professor of English literature at Vassar College in Poughkeepsie, N.Y., Foster is now widely considered a leading authority in the science of attaching names to anonymous, pseudonymous, or forged criminal documents, a field known as “forensic linguistics.” He leaves penmanship to the handwriting experts. Instead he focuses on grammar, syntax, diction, punctuation, and vocabulary, matching the tone, style, or point-of-view of an anonymous document against the writing of known authors and tries to come up with a name...

WHERE ARE THE ANTI-HACKER SQUADS?
By Francis Kielb
Legislation addressing electronic crimes has lagged behind the technology. The world is a much more connected place, but the difference between a crime and a prank can be vague. Investigators with the requisite skills could find this niche to be very profitable.
Excerpt: Recently, I attended two large hacker conventions, HOPE (www.the-fifth-hope.org/hoop/) and DEF CON (www.defcon.org), where I discovered a common concern among several of the attendees. Members of the computer forensics and hacker communities were wondering how the judicial system would address the growing cyber-crime situation. In the past, largely due to lack of knowledge by law enforcement, computer or telecommunication crimes were often lumped together under a broad statute or claims were inflated to reach prosecutors’ thresholds...

GADGETS, GIMMICKS & TRICKS OF THE TRADE
By Julius “Buddy” Bombet, Associate Editor, PI Magazine
New technology, equipment and advice that every PI should know.

PRIVATE INVESTIGATION IN RUSSIA
Moscow based investigators give first hand knowledge of the hardships and inner-workings of the P.I. industry in their country and how foreign investigators can utilize them.
Excerpt: A little more than a decade after private detective agencies became legally recognized in Russia, there are more than 2,000 PIs working the country and fighting to bring legitimacy to a profession that has historically been marked by hired thugs and illegal tactics...

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