Friending Litigants on FacebookIn this video, Tim Santoni talks about why it is a bad idea on multiple levels to friend a litigant on Facebook or any other social media platform.  Making contact with a litigated party is not a smart move and whether you are an attorney, paralegal or an investigator working for an attorney on a litigated matter. You need to understand that the manner in which information and evidence is obtained is crucial. Evidence obtained through unlawful means can be deemed inadmissible and can open up the parties involved to sanctions, penalties, fines, etc.

If you believe there is valuable evidence and information buried in the Facebook profile of a litigant there are open source investigation techniques (OSINT) that can often uncover this information without making a “friend” request.

Before you engage an associate, paralegal or private investigator to conduct social media research make sure you understand their approach and know what you can be getting yourself into. Engage only with a trusted private investigator who has experience in litigated matters and is licensed.

Have a look at the related videos below;

4 Tools for Online Investigations (VIDEO)

Social Media Preservation (VIDEO)

What to do when your employees are targeted by a stalker in the workplace

 

 

Stalker in the workplace? How can you help employees when you find out they are being stalked by a customer/client or someone they know personally?  The natural instinct of most people is to contact law enforcement. Unfortunately, the Police typically won’t even take a report unless you can show at least 7 documented contacts by the alleged workplace stalker. Here are some tips if you have employees who are involved in stalking situations…

Gather as much identifying information on the stalker as possible:

  • Full Name
  • Physical Description
  • Age/DOB
  • License Plate Number
  • Vehicle Make & Model
  • Social Media Profiles
  • Cell Phone Number
  • Last known address

Document all interactions:

  • In person
  • Phone
  • Email
  • Text
  • Visual or physical contact with other employees
  • Social Media
  • Security Camera Footage

Conduct a Background Check:

A discreet background check conducted by a professional investigator can provide valuable information to assess the level of threat the stalker could pose.  If any criminal information (Arrests, Convictions, Watch List, Sex Offender Registry, Stalking) are found, this information should be presented to law enforcement as it will do two things.  First it will give more credibility to the threat and second it will force law enforcement to dig deeper because they have actual knowledge that they cannot ignore in fear of the threat escalating.

Recommendations/Accommodations:

  • Hire a security guard to be visible and present at your business
  • Escort employees to and from their vehicles before and after work
  • Install-Update Security Cameras
  • Advise employees to update privacy settings and/or remove personal identifiers (Phone, Email, Address) from their Social Media accounts

Impact on Stalking Victims:

  • 1 in 8 employed stalking victims lose time from work as a result of their victimization and more than half lose 5 days of work or more.
  • The most commonly reported stalker tactics by both female and male victims of stalking are approaching the victim or showing up in places where they do not belong, workplace, home, family gatherings. Making unwanted telephone calls to home and workplace, leaving the victim unwanted messages, watching or following the victim from a distance, and spying on the victim with a listening device, camera, or global positioning system.
  • 11{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of stalking victims have been stalked for 5 years or more.
  • 2/3 of stalkers pursue their victims at least once per week, many daily, using more than one method.
  • The majority of stalking victims are stalked by someone they know: 61{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of female victims and 44{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of male victims of stalking are stalked by a current or former intimate partner, 25{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of female victims and 32{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of male victims are stalked by an acquaintance.
  • 46{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of stalking victims experience at least one unwanted contact per week

Additional Reading:

http://victimsofcrime.org/our-programs/stalking-resource-center/stalking-information#what

http://victimsofcrime.org/docs/src/analyzing-stalking-statute.pdf?sfvrsn=2