Some Tech Tools Used in Investigations Can Cause Pain and Tragedies

Your image used to be yours or maybe appearing in some family videos or old photos. But technology tools like PimEyes, which was created to curb the use of copyrighted images on the web, can have other uses in investigations. Some of these use can cause real pain like the case of Cher Scarlett recently documented by CNN Business.
Scarlett next uploaded a couple pictures of herself (into PimEyes), curious if they would lead to pictures of her relatives. They didn’t, but the results stunned her anyway: tucked under some recent images of herself and mistaken matches showing photos of Britney Spears and the pop star’s sister, Jamie Lynn, were pictures of a younger version of Scarlett. They were pictures of a dark time she didn’t totally remember —a time at age 19 when, she said, she traveled to New York and was coerced into engaging in humiliating and, at times, violent sexual acts on camera.
“I’m looking at these pictures, and all I can think is that somebody has photoshopped my face onto porn,” Scarlett said.
According to the story, Scarlett is angry that people don’t have the right to opt in to PimEyes. The website doesn’t require users to prove who they are before they can search for themselves, which might prevent some forms of use or abuse of the service (say, an employer looking up prospective employees or a stalker looking up victims).
Legal investigator Tim Santoni says, “the technology tools we use in this business can be very useful and powerful, but in the wrong hands they can create quite a bit of darkness.”  He continues, “also, just because someone sees a tech tool on TV or even in this blog doesn’t mean its use is always ethical…or admissible.”
Scarlett, meanwhile, remains concerned about the potential for facial-recognition technology in the future. “We need to take a hard stop and look at technology — especially this kind of technology — and say, ‘What are we doing? Are we regulating this enough?'” she said.
Pros know how best to use these powerful tools and when to use them to benefit your case. We know that success or failure in the courtroom or during the settlement process depends on having the very best, most detailed information about a case. That’s why great attorneys and law firms across the country work with the worldwide team of Santoni Investigations who will make sure you know everything to maximize the settlement process or win your case in court!
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Red Bull Launches Internal Investigation Amidst Shocking Aston Martin F1 Controversy

“Red Bull Gives You Wings,” according the popular energy drink’s slogan. But some Red Bull employees on the company’s Formula One racing team may have given Aston Martin a little bit more, prompting an internal investigation to find a suspected IP leak.
According to news sources, an updated design was unveiled by Aston Martin prior to the Barcelona Grand Prix and caused a stir in the Formula One pit lane, with Red Bull accusing their rivals of copying their own design. Aston Martin remain adamant that hasn’t occurred, with an FIA investigation also clearing the team of any wrongdoing, but Red Bull’s concerns continue – particularly due to the fact a number of their employees were poached from the Silverstone team during the team’s off season.
Red Bull responded to the FIA investigation by saying it was noted ‘with interest’ but that a transfer of any IP would be of ‘serious concern’ and the team’s technical director Pierre Wache revealed the focus was ensuring no IP leak occurred.
“For us, the main aspect was to be sure that it was done within the rules. The FIA checked, and it looks like [it was]. We on our side now are to check that we don’t have any IP leak,” Wache said per Motorsport.
“That is the main asset of the team. We want to make sure of that, that is what we are investigating at the moment. As a personal engineering aspect, it was satisfying that a team copied us. It means our concept is not so bad. We just want to be sure that we protect ourselves, and on the budget cap, the main aspect of the budget is IP, and we want to make sure that how we spend our money is secure and our assets are secure.
The flow of team members to Aston Martin has been a cause for concern but, rather than the transfer of ideas, it’s whether there was any documentation leak that is the focus: “It’s like a football team, the football players are the engineers in this business.
“I think it’s not what we are after, it’s more if we have some electronic file leak in the system that we cannot control what the people do, and whether people transfer what they know. You cannot unlearn something. That is not something we are after.”
Investigations like this one can lead to better IP protection—and less time spent in costly litigation or settlements. That’s why great attorneys and law firms across the country work with the worldwide team of Santoni Investigations who will make sure you know everything about how IP is being used or possibly infringed out in the world.
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Body Cam Footage Reveals Two Versions of the Truth in Louisiana Law Office Brawl Case

A squabble about a check turned physical in a Louisiana law office as Corey Orgeron and one of his clients came to blows. The matter is set for a bench trial this week as the court investigates both sides of a very confusing story.

According to sources, both men blame the other for starting the fight that left both with minor injuries. When sheriff’s deputies arrived, body camera footage shows they found the client waiting in the parking lot of the law office.

The footage shows a deputy interviewing the client, Lumar, who tells him that he arrived at the law office to pick up a check from Orgeron when the two started arguing.

“He got mad and he ripped the check up and told me to get out,” Lumar told the deputy.

Lumar says when he refused to leave and asked that police be called, Orgeron physically attacked him.

“He was like, ‘If you ain’t gonna get out, I’m gonna make you get out.’ And, that’s when he went to swinging at me and grabbing my hair,” explained Lumar.

The same deputy then went inside the law office to interview Orgeron who told a completely different story, claiming Lumar acted first by knocking him to the ground.

“And when he came at me, I knew he was going to start kicking me, so I got up as quickly as I could and my forearm hit him in the face a couple of times,” the councilman told the deputy.

“You guys will both have your day in court and you’ll be able to tell the judge your side and he can tell his side,” the responding deputy told Lumar, the body cam footage shows.

Now we know what you’re thinking. How can BOTH sides see this issue SO differently? Well, in the investigations business and probably any business involving people, we see this all the time. The difference in this or any case comes down to reliable intelligence. As we often see, investigations can lead to to big victories in the courtroom or more favorable settlements. And we know that success or failure in the courtroom or during the settlement process depends on having the very best, most detailed information about a case. That’s why great attorneys and law firms across the country work with the worldwide team of Santoni Investigations who will make sure you know everything to maximize the settlement process or win your case in court!

Know Even More: (READ THE ARTICLE)

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Investigations On Display During Johnny Depp Defamation Case

In Johnny Depp’s defamation trial against his ex-wife Amber Heard, we’ve seen twists, turns, suspense and drama. We’ve also seen how investigations can be used to raise or lower the stakes during the course of a trial.

Just to catch everyone up, In 2012, Depp and Heard started dating. In 2014 they were engaged, and in 2015 were married. But by 2016, Heard filed for divorce stating irreconcilable differences. Soon after, Heard filed an order of protection saying Depp emotionally, verbally and physically abused her. Heard wrote an op-ed for “The Washington Post” speaking out against violence against women and the price they pay for speaking up against men. Depp claims these allegations led to Depp being dropped by Disney from the “Pirates of the Caribbean” franchise and axed from Warner Brothers’ “Fantastic Beasts” franchise.

So Depp sued his ex-wife Amber Heard for libel after she wrote an op-ed piece in The Washington Post in 2018 referring to herself as a “public figure representing domestic abuse.”

A recent article on a police website talks about investigations in this case. They say there are four sides to any investigation — “We have always heard that there are always two sides to an investigation. One side comes from the victim, and the other side comes from the suspect. What we often forget is that there are two more sides to every police investigation: the criminal side and the civil side.”

This source goes on to say, “But what happens if there is not enough evidence to bring criminal charges against the perpetrator? Or what happens if the case goes to trial but gets dismissed? The victim’s family has the right to sue civilly in court for any damages caused by the wrongful death. The state takes no action in this process.”

Numerous investigative techniques have been used for this most recent Depp/Heard defamation trial, but documenting the non-criminal acts or allegations of a crime has been evident for everyone to see.

Audio recordings, videos, text messages, and email exchanges have been shared as evidence in court over the last four weeks. In one audio clip, Heard admits to hitting Depp, calls him a “baby,” and says no one would believe he’s a victim. In a video, Depp is seen slamming kitchen cabinets and appears to be behaving erratically. Photographs seemed to show both actors with bruising and injuries allegedly inflicted on each other. It’s been quite a circus with full media coverage every step of the way.

In 2016, the LAPD responded to Depp and Heard’s penthouse only to find out that no crime occurred. They told the press that officers did not write a report because they did not see any damage to property and did not see any injuries on Heard. It is common practice in law enforcement to not write a police report when an officer does not see any damage or injuries, or when no allegations of injuries were made.

What is important to note is that the attorneys on both sides emphasized police documentation of non-criminal acts. “Just because an officer does not write a police report, doesn’t mean the officer can simply just walk away.” reports police1.com. The police site post also notes that “The officer should always include at least a few notes just in case that information is needed later.”

That source also indicates three ways agencies can document non-criminal matters:

  • Use computer-aided dispatch (CAD) comments: Every agency has a way of clearing calls by attaching the officer’s written comments to CAD details. These comments are connected to the incident number, which can be retrieved later.
  • Field Interview Report: If you want to document a little more than just CAD comments, your agency will likely have a system where you can document details using a “mini-report,” often called and field interview report. These are short 1-2 paragraph statements of what the officer did or saw and who the officer spoke with.
  • Traditional police report: Some officers think they cannot write a police report if their criminal investigation turns non-criminal. This is not the case. Non-criminal reports are often called informational (info) reports. Info reports can turn into criminal reports later if detectives find all the elements of a crime. They can also be used to support criminal investigations, city engineers, planning departments and training units. More importantly, info reports are used to document what the officers did and why they were there in the first place.

No one knows exactly how the Depp/Heard case will be resolved, but one thing is very clear. The difference in this or any case comes down to reliable intelligence. As we often see, investigations can lead to to big victories in the courtroom. And we know that success or failure in the courtroom or during the settlement process depends on having the very best, most detailed information about a case. That’s why great attorneys and law firms across the country work with the worldwide team of Santoni Investigations who will make sure you know everything to maximize the settlement process or win your case in court!

 

Know Even More: READ THE ARTICLE

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Hiring a P.I. for FMLA Cases is Legal Says New Jersey Court

If you’re abusing the Family and Medical Leave Act (FMLA) and you know it, clap your hands…. Hopefully you’re hearing silence, but you never know.

Yes, this can be a very tricky problem for employers—and specifically HR. Employers don’t really want to accuse an employee without cause, but they don’t want anyone taking advantage of the system either.

But is it LEGAL to hire a P.I. for these matters? A recent New Jersey court ruling says YES.

News sources report that Marsha VanHook worked for the Cooper Health System in New Jersey when she requested intermittent FMLA leave to care for her sick son.

VanHook took many FMLA days, as well as additional vacation days. These days were unscheduled and resulted in an attendance warning. After hearing from VanHook’s co-workers that she wasn’t taking FMLA days for legitimate reasons, the company became suspicious.

When VanHook’s FMLA days began always falling on weekends or around scheduled PTO, the employer hired a private investigator to follow VanHook on three of her FMLA days.

For the next three days, the P.I. discovered that VanHook was not caring for her sick son, as she claimed to her employer. Her activities included coffee runs, shopping, going to the gym and taking her other child to school.

Upon learning this, the company fired VanHook for FMLA abuse. She then sued for a violation of her FMLA rights. The story continues to say that VanHook didn’t even deny the FMLA abuse. Instead, she claimed the employer had no right to surveil her since it had no cause. The 3rd Circuit quickly rejected her claims, stating, “nothing in the FMLA prevents employers from monitoring employees’ activities while on FMLA leave to ensure they do not abuse their leave.”

The court also added that the employer did have reasonable suspicion to begin monitoring VanHook’s activities, due to the information from her co-workers.

You’ll always want to use your discretion, but the good news for employers is you can take action and hire a P.I. if you suspect an employee is abusing FMLA leave.

And again, what makes the difference in this or any case? —Reliable intelligence. As we often see, investigations can lead to to big victories in the courtroom. And we know that success or failure in the courtroom or during the settlement process depends on having the very best, most detailed information about a case. That’s why great attorneys and law firms across the country work with the worldwide team of Santoni Investigations who will make sure you know everything to maximize the settlement process or win your case in court!

Know Even More: READ THE ARTICLE   from HRMorning.com

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5 Year Mob Investigation Ends in Convictions

A five-year investigation into the Irish Mob Gang has led to 125 convictions in multiple federal cases.

Over the course of the investigation, federal, state, and local law enforcement used various investigative tools and techniques, including a dozen court-approved wire taps on phones used by the prison gang network. Officials say more than half of the wire taps were on contraband cell phones smuggled into state prisons that were used to direct trafficking operations.

In addition to convicting 125 gang members and associates, law enforcement seized more than 525 pounds of methamphetamine and heroin, 212 firearms, and $600,000 in drug proceeds and property.

The gang members and associates were convicted of crimes like drug trafficking, drug conspiracy, money laundering, witness retaliation, witness tampering, maintaining drug premises, illegal firearms possession and possession of drugs and drug paraphernalia.

“This wide-spread drug trafficking operation was primarily directed and controlled by incarcerated gang members using contraband cell phones from their state prison cells,” said United States Attorney Robert J. Troester. “Now, 125 gang members and associates have been held accountable, more than 525 pounds of deadly drugs have been taken off the streets, and 212 firearms have been taken out of the hands of criminals.

As you can see, investigations can lead to to big victories in the courtroom and in this case, for society. And we know that often, success or failure in the courtroom or during the settlement process depends on having the very best, most detailed information about a case. That’s why great attorneys and law firms across the country work with the worldwide team of Santoni Investigations who will make sure you know everything to maximize the settlement process or win your case in court!

KNOW EVEN MORE (Read the ARTICLE HERE)

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Taking the Case to Counterfeiters at the Border

US Customs and Border Protection (CBP) sometimes gets a bad rap. And they actually have several BIG jobs to figure out. In addition to the one that makes national news frequently, US CPB is ALSO the primary federal agency responsible for addressing counterfeit goods at the United States border. All persons, baggage and merchandise entering the United States are subject to inspection by the CBP (19 CFR Section 162.6) and the CBP has authority to exclude, detain and seize counterfeit goods at any port of entry into the United States.

Over the past several years, the CBP has reported significant increases in the number of seizures performed per year. In 2019 and 2020, it reported the first decreases in the number of seizures since 2014; however, the overall seizure numbers remain high, with 26,503 seizures representing a monetary value of over $1.3 billion in 2020.

The CBP relies on information provided by trademark owners to identify counterfeit goods and it maintains its own searchable, online database of recorded IP rights for this purpose. Trademark owners may record their US trademark registrations with the CBP using the agency’s Intellectual Property Rights e-Recordation system.

It’s a complicated area to be sure. On identifying suspected counterfeit goods at a US port of entry, the CBP may detain the goods and, at its discretion, provide certain limited information (including the import date, the port of entry, the country of origin, the description of the goods and their quantity as provided in entry documentation and redacted images of the goods) to the trademark owner, to assist the CBP in its determination.

And if the CBP determines that the detained goods are counterfeit, the goods will then be seized and forfeited. The CBP may also impose a civil monetary penalty against the importer.

Investigations expert Tim Santoni says, “Evidence is key. As a brand owner or attorney representing a brand, it is crucial to obtain investigation through a licensed private investigator so that you can pursue legal remedies (civil or criminal). The investigation should include contact with the infringers, an evidentiary buy and a follow-up investigation to identify and profile the infringers.

Santoni adds, “When it comes to CBP they will assist in enforcement efforts if you have your trademark registered with the USPTO and you have notified CBP. Additionally, you must offer training to CBP and respond promptly when they notify you of potential infringing goods that have been seized. The letters from CBP that notify you of goods detained due to potential infringements are very useful as it tells you where the goods are coming from and who is importing them.”

We know that success or failure in cases like these always depends on having the very best, most detailed information. That’s why great attorneys and law firms across the country work with the worldwide team of Santoni Investigations who will make sure you know everything to win your case in court!

Know even more: “United States: multi-pronged approach is needed to tackle counterfeiters online” WORLD TRADEMARK REVIEW 

 

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What is the The New Role of a Private Investigator?

The role of the private investigator has changed.

In the past a Private Investigator was typically a sleuthy, camera toting smoother talker who was probably an ex-cop. The private investigator of the past was the gateway to restricted information only found in databases accessible by law enforcement. The ideas was that Private Investigators were called upon to discreetly get information that others simply couldn’t find or access.

We now operate in the information age where access to information is no longer a challenge.  There are public facing databases like Instant CheckMate, BEEN VERIFED, Intelius and many others that serve up a ton of background type information to the general public for a small fee.  So the idea that a PRIVATE INVESTIGATOR is needed to access information is no longer TRUE.

Because law enforcement has restricted and closely monitors who and why database searches are conducted cops are no longer able and willing to share information in their databases with private investigators.

The role of the private investigator has changed which means that the skills and techniques that a private investigator possesses must change.

Here is my hit list of the things that a private investigator must be good at to be a valuable resource to clients and secure new investigative work.

 

*You must be willing and skilled at reviewing prior reports of other investigators and process servers.

*You need to know how to search, review and interpret database reports from providers like TLO, Westlaw, Lexis Nexis, Clear and Accurint.

*Speed is key.  You must be ready, willing and able to expedite investigations to meet your client’s deadlines.  This can occur when your client procrastinates or when other investigators have failed or dropped the ball.

*Have a team of investigators ready for desktop research and field investigations to support your clients that needs work done on a rush basis.

*Have access to the best databases and resources. And get authority to obtain full social security numbers and other identifiers. This means having site inspections done and paying monthly fees to database providers.

A really important skill that a private investigator must have is the ability to develop creative and ethical strategies to obtain the evidence and information that a client needs to support their case.

Lastly, you must have a deep understanding of public records, court records and how records are indexed and stored so you how to look, where to look and you know how much time and money it will take to get the information the client needs.   You will need to provide estimates or quotes in a timely manner to your clients to get new work.

The bottom line is that a private investigator operating in today’s fast paced environment must think like a consultant. Bring value to your client and to the case by applying not just what you know but also your processes and resources that can deliver results timely and accurately.

The world of investigations and businesses is constantly changing and innovating. Remember that if you aren’t growing you are dying.

If you are transitioning from law enforcement, looking to start your own PI business or just want to grow as an investigator you might be interested in the course that we are developing called Private Investigator Pro. If you join our email list and you will receive four free guides.

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Santoni Hires Nichole Dennis as Director of Sales – Background Screening

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Santoni Hires Nichole Dennis as Director of Sales – Background ScreeningNichole Dennis

Lake Forest, Calif.—  Santoni, a professional background screening, risk mitigation, and investigation company.  They recently brought on Nichole Dennis as the Director of Sales for their Employment Background Screening division.  Nichole has extensive experience in meeting the needs of human resources professionals and businesses through her customized approach.  Nichole has spent more than 10 years working for companies that offer Employment Background Screening Services. Nichole was most recently a Sales Executive at Background Screeners of America (BSA) and has also has worked for AccuSource.  Nichole has joined the Santoni Team and has been charged with growing the employment background screening business.

“As we look to grow our employment background screening division, we need the expertise, insight, and industry experience that Nichole brings,” says Tim Santoni, President of Santoni. “Nichole brings a vast amount of insight and will be an excellent resource to our clients and our team,” says Tim Santoni.

Santoni is a member of the Professional Background Screening Association of America (PBSA).

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Contact Tracing COVID-19 an Investigators Perspective

Contact Tracing COVID-19 an Investigators Perspective

Do we need to be tracing contact made by people that have tested positive for COVID-19?  Is it even possible?  If we can contain and quarantine the people that have been exposed, we can shut this thing down.  Contact Tracing COVID19

So, how do you go about tracing contact that people that are positive for COVID-19 have had?  Is it an app?  Is it an interview? Is it a simple form?  What are the parameters?  Is it an invasion of privacy?

In Massachusetts contact tracing is underway and they are focused on contact made with people for more than 15 minutes inside of six (6) feet. Here is what they are finding.

As an investigator here are some strategies that come to mind.  First you need to figure out where you were, who you interacted with, and when.  Here are a couple of ideas to jog your memory.

STRATEGIES:

Financial – tracing
Review a list of all transactions made with credit cards and debit cards where in-person contact was made.  A few examples would be; restaurants, dry cleaning, grocery stores, pet supply stores, ice cream shop, coffee shop, etc.

WIFI
Check all WIFI “check-ins” and networks you have connected to on your phone.

Vehicle Sighting Reports
If you have a vehicle sighting report run on the vehicle(s) that your= drive it will also remind you of where you traveled to and when.

Maps App
Review your maps app on your phone and see what types of things you have searched for and where you have received directions to (Apple Maps, Google Maps, Waze)

HOW CAN A PRIVATE INVESTIGATOR HELP?

Once a list of potential contacts has been developed that could have been exposed has been made then the process of locating, identifying, and contacting them begins.  This could involve developing a physical address, email address, social media profile, and cell phone number.  These are all tasks that a private investigator with experience in skip-tracing and locate investigations can handle.

Apple iPhone users and Android users can download an app that allows contact tracing through an opt-in feature, but this will only help the government how many cases are out there.  Click here to read the Forbes article on how the opt-in app works.

WHAT DOES THE CDC SAY?

If you want to know what the CDC is saying about contact tracing here is a link to get more information CDC (Centers for Disease Control and Prevention) has to say about contact tracing CLICK here.

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