Process Serving in Gated Communities

,

Service of Process also referred to as Process Serving can be accomplished when your subject resides in a gate community.  The trick is knowing the rules and codes that govern service of process in a gated community.

Remember that per the code, Registered Process Servers and Private Investigators (in some states) must be provided access to a gated a community for a “reasonable” amount of time in order to effect service.  It is wise to carry this section of the code with you at all times as guards are not aware of this rule and will often need to speak with a supervisor in order to grant you access.

Keep in mind that some guards will notify the resident of your presence; be prepared to ask them if they will be notifying the resident and ask them to refrain.  If you are professional and respectful with the guard your chances of getting their cooperation is much greater.  That means you should dress in a suit and handle yourself accordingly.  While you are within the gated community, be mindful of the fact that the residents will likely detect your presence much more quickly.  That said, if stake out is required, be very discreet as you do not want to create suspicion with neighbors and have the security guards roll on you with their lights and sirens.

Additional Reading:

by

We are having difficulty locating and serving someone…can you help?

,

“We are having difficulty locating and serving a… witness, defendant, debtor, etc.”  This is the type of call that a professional and licensed investigation firm receives several times every day.

The first step is to collect and review all of the information that the client has available (Database Searches, Due Diligence by the Process Server, Case Facts, Police Report, Deposition Transcripts, etc.).  Once you review all of the relevant case data, a review of the legal documents to be served is necessary.  Knowing what you are serving is key in understanding what techniques must be used to locate a subject.  The method of service (Personal / Substituted) is mandated per the Code of Civil Procedure depending on the type of legal document being served. Personal Service for matters involving personal appearance at trial, deposition or hearing and Substituted Service for Summons & Complaint and Small Claims Cases.

You then must create an investigation plan to meet the needs of the case based on the timeline.  In many cases, tracking down and serving subjects very quickly is necessary in order to meet a court-imposed deadline or to keep a deposition on calendar due to an impending discovery cutoff.

Understanding the litigation process and the Code of Civil Procedure is vital in order to meet the needs of the case and the rules outlined by the court.

Some or all of the tools below may be utilized to develop and or confirm the location of the subject.  This type of search is commonly referred to as a Skip-Trace, Locate, or People Locate.

  • Limited Credit Header Databases
  • Advanced Phone Directories (Landline & Cell)
  • Property Records
  • Employment Databases
  • Postal Letters
  • Professional Licenses
  • Utility Searches
  • Social Networking & Professional Networking Site
  • Discreet calls to neighbors, relatives and often the subject directly

Computers and databases provide information gathered from many sources.  You need to keep in mind that this data is often inaccurate, unconfirmed and so vast that it must be reviewed carefully in order to pick out what is useful and relevant.

Skilled investigators who are trained in conducting people locates and skip-tracing, who have experience making calls to third parties and to the subject directly, are more often able to effectively track down the most difficult and elusive subjects on a regular basis.

Additional Reading:

by

4 Ways a Private Investigator Can Support Your Business

,

Avoid Unwanted Hiring Surprises

The success of your business depends on the strength of your people.  When making staffing decisions, a pre-employment background check can provide you with the truth about the candidate.  Criminal convictions and resumes that are inaccurate or exaggerated top the list of items uncovered in the employment background screening process.

Extra Diligence for Key Roles

For key or sensitive roles, you may want to request a full background investigation showing a candidate’s background in more detail.  Consider developing a complete footprint showing the locations where the applicant has resided so that you know where to look.  Be sure to search civil, criminal & federal court cases, obtain a credit report, verify education, credentials & employment,  screen for drug & substance abuse, check national sex offender registries, look for bankruptcies & judgments and always run a driving record.

Reduce Abuse of Employee Paid Time Off

Most companies outline generous and fair policies for employe paid time of (PTO), which make a substantial positive contribution to employee satisfaction and retention.  Unfortunately, PTO is often abused by employees who use the time for purposes not intended and often take time away from the workplace without adequate notice.

Employees who call in sick or have other unplanned absences cost your business money- both in direct terms of lost productivity, but also by decreased employee satisfaction by colleagues who have to “pick up the slack”from the PTO abuser.  While most businesses do monitor employee use of PTO, evidence of abuse is often plainly circumstantial: disproportionate unplanned PTO on Mondays and Fridays, for example.

Evidence of Employee PTO Abuse

When your business suspects an employee of abusing PTO, our  investigators can help validate or disprove your suspicions.  Through a variety of discreet investigative techniques, we can determine whether an employee is abusing your policies.  This may include database & desktop research to uncover their “digital tracks” on social media sites, discreet phone calls and even field surveillance to obtain tangible video evidence of their activities and behaviors.

Additional Reading:

by

Social Media Evidence (4 Considerations)

,

Get your social media evidence to standup in court.  Keep these four things in mind when the evidence that can make or break your case is found in social media postings.

  1. Authentication
  2. Preservation
  3. Collection (preserve metadata)
  4. Establish Chain of Custody
by

The Basics of Investigative Searches: Going Beyond Westlaw and LexisNexis

, ,

We are constantly asked by the do-it-yourselfers and budget-conscious why they should hire a professional investigative firm to conduct their searched. They want to know if the databases we access are different than Westlaw and LexisNexis.  Perspective clients wonder if the information we supply is all that different from what they can find online.  What they really want to know is whether our services provide additional value and if we’re worth it.

The bottom line…

The information that attorneys and the legal community have access to, such as Westlaw, is great for basic searches and legal research.  Keep in mind that the data in those reports is not verified and is not comprehensive.  For example, the credit header data is typically from one or two sources and does not include complete social security numbers or dates of birth.  Additionally, the court records are not as comprehensive since not all county and state court records are available for electronic data scraping.

Why the extra effort matters

A professional and licensed investigation firm with secure facilities, such as Santoni Investigations, should maintain investigative level accounts with several (7-10) commercial data provides. This means they have real time access to robust data with information including complete social security numbers and other proprietary data.

Real Estate Records

An investigation firm that works with attorneys should have an account with a provider of real time, up-to-date property records, (commercial & residential) that include access to title records where available.

Telecommunications Searches

Useful data is found in many ways and experienced investigative firms will access databases that contain information on residential (landline) and cellular phone numbers.  Theses searches include obtaining subscriber information (name and address) from a landline or cell phone.  Also, having the ability to obtain phone numbers associated with certain utilities including (Internet, Cable & Satellite Television) is useful in searches.

Court Records Revealed

When conducting searches of civil court records, which are indexed by name only, an experienced investigator will work to limit the number of records to those that actually pertain to the subject. Santoni investigations work with court runners to review and examine actual court cases to insure that copies of only actual cases pertaining to a subject are obtained and reported on.

While criminal records are indexed by name and date of birth, not all counties and states maintain full or partial dates of birth. Santoni Investigations has a working knowledge and understanding of the system of record working with onsite court researchers to provide a comprehensive and verified search.

Santoni investigators are trained in effective online searches to review profiles without leaving a digital footprint so that the subject does not know who is looking at their profile(s).

Verified Facts, Comprehensive Reports

All investigations should be verified with third-party sources whenever possible to insure that the facts presented in the report are accurate.

Santoni Investigations prepares a summarized report which gives the client a high level an executive summary of findings without having to review pages and pages of data that contains duplicate records and unverified findings.

Recommend Reading:

by

Looking for Someone? Use the Ex-Factor

In a very connected world, it is still difficult to track down people. At Santoni Investigations, we know that and rely on people as our best source for information.  What they observe and hear can be vital to any case.  Whether you are tracking down a witness to a car accident or a former employee, knowing what they will say or not say, can make or break your case.

Locate Investigations

In many instances, a locate investigation will be necessary to serve a witness with a subpoena or to setup an interview. We often find that in conducting a locate investigation that it is vital to develop a profile on the subject we are tracking down.  In order to get a grasp of where they might be residing or working, you need to understand their past and what would motivate them to cooperate.

Oftentimes, hard-to-locate subjects cannot be found because they are residing with a relative, which does not typically show up on database searches.  Subjects with histories of run-ins with the law can be found in prison or jail.  Elderly subjects are often residing with relatives or have been put into assisted care facilities.  A subject with a history of financial issues, including collection issues, unsteady employment and judgments, will pose a problem for an untrained investigator.  Understanding how to read and interpret database searches can provide useful profile information on a subject.

A locate investigation should include a variety of database searches, inquiries with postal authorities, discreet calls to phone numbers developed, property searches, employment database searches, professional license searches and searches of social networking and professional networking sites.

Discreet calls to the subject and his or her relatives and associates are the best way to verify information.  A skilled investigator utilizes a trap line and blind line service to approach a subject in a professional and discreet manner.

Using the Ex-factor for Locate Investigations

When a subject has gone “underground,” an experienced investigator will look for what we refer to as the “Ex-factors.”

  • Ex-spouse
  • Ex-boyfriend
  • Ex-partner
  • Ex-landlord
  • Ex-neighbor
  • Ex-boss
  • Ex-co-worker

Once an “ex” is identified, a tactful conversation must be had to develop useful information that will help the investigator locate the subject.

Clients often ask what kind of information we need to locate a subject.  “Can you locate someone if all I have is his or her name?”  The answer to this question is most often yes.  A trained investigator can work from a name to a pool of possible people subject based on location of residence or employment, associations, relatives and other pieces of information that can positively identify your subject.

Recommend Reading:

by

4 Things an Investigative Report Should Never Be!

Don’t fool yourself into thinking that you can simply run with data from one, or worse, an unsubstantiated source. Good journalists know to verify their facts with multiple sources and so do skilled and competent investigators.

Which is why Santoni Investigations has compiled the following list of commonly used resources that many employers rely on, yet may get a false sense of security. These four investigative sources, if taken solely as verification of facts, may lead to trouble ahead.

Don’t Just Rely on These 4 Investigative Techniques:

1)   Database reports from a single commercial provider printed out or copied to a word document.

2)   Emails with a couple of unverified facts.

3)   A couple of database searches with the important information highlighted, underlined or starred.

4)   A single source database search with no indication of context of search and evidence of verified information.

Contact Santoni Investigations for a comprehensive investigative report that relies on multiple, verifiable sources.

Recommended Reading:

by

Social Media Backgrounds- Who Cares?

, , ,

According to an article by Buffer, social media is changing and growing every second.  “Every second 2 new members join LinkedIn…Social Media has overtaken porn as the #1 activity on the web.”  The fact of the matter is that social media sites can be a treasure chest of useful information.

A savvy social media investigator can use a variety of tools to find out everything from where people work, to who their friends are, and what they do in their spare time.  The digital footprint left by people on social media can also be useful in tracking their whereabouts, which is extremely useful for investigators that conduct surveillance, asset research and serve legal documents.

Not only is it important to know how to locate information on the web and social media sites, it is necessary that an investigator knows how to obtain all information contained in a profile and be able to preserve it.

Top Uses of Social Media:

Family Law- Preserving and documenting activities of a soon to be ex-spouse

Insurance Claims- Post accident/claim, pre-litigation, prior to surveillance (photographs & activities), & prior to settlement

Non-Profit Organization- Screening board members, donors, & volunteers

Asset Management Protection- Prior to investing in alternative finance offerings (hedge funds, angel investors, etc.)

Threat Assessment Teams- Threat response evaluation, threats to executives, prior to board meetings, prior to meeting with prospective partners (distributors, rep, supplier)

Brand Tarnishment & Threats- respond to and address concerns regarding problems with products including (defects, customer service, counterfeits)

Service of Legal Documents (Service of Process)– develop profile and photos to determine best method and time for service

University & School Threat Assessment Teams- students, faculty & visitors that could pose threats or harm reputation

by

When product disappears…

, , ,

Businesses are evaluated by their ability to deliver products and services to their customers or clients in a timely fashion while maintaining a high level of service and remaining profitable.

The key components of businesses that allow them to deliver on these promises are their supply chains and business processes.  Any disruption to the supply chain or business processes can cause a variety of issues (delays in material deliveries, delayed shipments, increased expenses, unhappy customers).

The Problem:

Unknown male is breaking into the yard of a client and is stealing precious metals at all hours of the night and early morning.  The aluminum that is being stolen has significant value and is costing the company thousands of dollars each week.  Additionally the ongoing theft is causing the employees to be concerned about their safety.

Implications:

Cash flow is impacted, as additional metal must be purchased to meet production goals.  The loss may have to be reported to an insurance carrier, which could cause a spike in premiums.  Employee’s time will be spent viewing security camera footage and possibly being interviewed, which decreases production.  The possibility of the theft being internal or coordinated by a vendor or partner must be addressed and investigated.  Time and resources must be devoted to investigate and stop the theft.

Process:

  • Review and preserve security camera footage
  • Interview neighboring business and request to review security camera footage
  • Stationary surveillance to identify suspect(s)
  • Conduct research of vehicle ownership records to positively identify the suspect
  • Notify law enforcement
  • Background investigation conducted on suspect to determine if he/she has a criminal history
  • Provide statements and turnover evidence to law enforcement (photos, video, research)
  • Training/Consultation on best practices to mitigate future theft

Results:

  • Arrest/Conviction of suspects
  • Secure facility
  • Restore employee’s faith in the company and overall personal safety
  • Bottom line is strengthened because supplies are being utilized to the fullest

The Facts:

According to an insurance research organization metal theft claims have risen by 36 percent since January of 2010.

In an article found in the Insurance Journal, according the NICB, “The damage caused by these thefts is often several times the value of the metal stolen, leaving the victims with hefty repair costs which are often passed on to insurance companies.”

The U.S. Department of Energy has estimated that metal theft costs U.S. Businesses around $1 billion a year.

by

Is your Investigation Firm local, regional, national or global?

,

Why do you need an investigation firm with global resources?  Why is it important?

When it comes to hiring local counsel an attorney that is located in the state or district where the case will be filed is vital.

When it comes to hiring an investigator you need a trusted partner that understands your business, litigation strategy and has resources galore.  This means you need a firm with team comprised of the following components:

  • 1-Trusted professional investigators with a range of skill sets
  • 2-Current technology (case tracking systems, front companies, blind lines, cameras, digital forensics, access to several commercial databases, TCSM equipment, etc.)
  • 3-Trusted partners in all areas of the globe who have relationships with attorneys and law enforcement

RECENT CASE EXAMPLE:

We recently had a client come to us with a request for an investigation into a subject that was allegedly selling “counterfeit and/or infringing” goods that was based in the Los Angeles area.  The client said they came to us because they knew that we had resources in Los Angeles.  When we launched into the investigation we quickly determined that the subject appeared to be based in Los Angeles, but was physically located in New York.

We went ahead and made a test purchase / evidentiary buy from the target via one of our California fronts to give your client jurisdiction.  We then engaged with the subject via one of our resources on the ground in New York to gain further intelligence and link the subject to a physical location in New York.  We were able to develop information regarding the true identity of the person behind the operation, the location of their “businesses,” general asset information and background information that aided our client in making a decision as to how and where they would enforce their Intellectual Property rights.

NOTE: In this case we were also able to connect with local law enforcement (New York & New Jersey) and share with them our investigative findings so that criminal investigation/prosecution could take place.

Facts & Myths about “Local Investigators”

Myths:

  • Local investigators are more cost effective and will enhance the results or outcome of the case.
  • They have reliable resources outside of their general area.
  • They can get the case completed more quickly, while getting the desired results.
  • They have handled cases that have withstood the rigors of litigation.
  • They can meet all the needs of your company or practice no matter the type of case or location of the subject(s) to be investigated.

    • Facts:

    The most important quality about an investigation firm is their ability to listen and follow direction; not where they are located.  An investigation firm that is experienced in a variety of areas or has expertise in a niche is far more likely to get your case completed properly the first time, which saves time and money while getting you the results you desire.

    A trusted investigator will have resources around the globe as we are in a global economy and businesses are doing business in all corners of the globe.  If they don’t have global resources then they likely haven’t worked with global companies and haven’t had to investigate anyone or anything outside of their area.

    Businesses are hiring, partnering and acquiring companies from all over the world; thus intelligence on those people and businesses must be in attainable by your investigator.

    Having all investigations handled by one firm allows your team or staff to be more focused on their duties rather than tracking down, vetting and engaging new investigators on a regular basis.

    A full service investigation firm with global resources has worked with businesses and attorneys in a variety of situations involving litigation and understands the rules of evidence and how to obtain information and evidence that can stand-up in court.

by