How you can prove that your spouse is operating a cash business when filing for child support or divorce?
Thomas Ruskin, President of the CMP Protective and Investigative Group in NYC, speaks at the American Bar Association (ABA) Family Law Section CLE Conference in Stowe, VT (2014).
Tom addresses a question from the audience on how a private investigative firm would utilize surveillance to prove a cash-only business in a marital case.
Thomas Ruskin, President of the CMP Protective and Investigative Group in NYC, speaks at the American Bar Association (ABA) Family Law Section CLE Conference in Stowe, VT (2014).
Tom talks about the legalities of installing CCTV in a marital home for child custody/divorce cases.
In previous blog posts we have talked about background checks in relation to hiring a nanny.
We have even been interviewed by the New York Daily News on how to run a background check on a nanny.
What happens after the background check?
As scary as it sounds, just because someone passed a background check, doesn’t mean they are the attentive, loving and responsible nanny you seek.
We have been hired in the past to perform what we call “quality control checks”.
In short, we perform surveillance on the nanny when she is with the children she is supposed to be taking care of and report the findings back to the parents with surveillance footage and reports.
In one case, we followed the nanny and children to a local park. We found that the nanny was preoccupied on her cell phone the entire time, while the children ran around completely unsupervised. One of the children left the park and walked to a nearby ice-cream truck parked on the street corner. The scary part was that the nanny never noticed until the child returned with an ice-cream cone.
When the parents watched the footage, they fired the nanny on the spot.
Though this particular nanny passed the criminal background check without incident, irresponsibility and negligence take other investigative tactics to prove.
Thomas Ruskin, Retired NYPD Detective – Investigator and President of CMP Protective & Investigative Group, discusses on BBC Radio why overseas police departments are adopting NYPD practices.
Jennifer Lawrence, Kate Upton… maybe you?
The FBI is investigating how a possible flaw in the iPhone operating system may have contributed to allowing hackers to access actress Jennifer Lawrence’s and model Kate Upton’s phones (in addition to others) to retrieve and then release nude private pictures they had taken and stored on their phones.
Some believe the glitch could be associated with the “Find My iPhone” app. In short, hackers could use a computer program to try various passwords to access the user’s iCloud account, as known as “banging”.
The iCloud stores more than photos. People use it to store business, financial and confidential information.
Apple has released a statement claiming that “None of the cases we have investigated has resulted from any breach in any of Apple’s systems including iCloud or Find my iPhone.”
However they happened, these leaks have affected many public figures and while it’s utterly embarrassing and degrading to have your personal photos leaked in the public eye, it would be foolish to think that the normal person isn’t at risk for the same treatment.
These common mistakes can make you more vulnerable to hackers.
Having the same passwords for different sites
Yes, it’s a pain to have a different password for your Gmail, Facebook, outlook, twitter, online banking, Groupon account, etc… The hackers recognize social patterns and norms and use them to their advantage. Hackers know that people use the same password for different log ins and if the hacker is able to infiltrates one system, you can bet that they will try that same password on everything.
Being too trusting
Oftentimes hackers will send targeted emails that may even come from people you know, or at first glance appear like the people you know. Once you open it, not even downloaded, it can install keylogging software in your computer, carefully compiling every password, correspondence or action you perform on your computer, essentially giving the hacker the keys to anything you had accessed.
Hotspots
If you are on a public hotspot, maybe doing some work at a popular coffee establishment, there’s a chance that whatever is on your tablet, laptop or smartphone (once it’s connected to the WiFi hotspot) it could be compromised. There are several easily obtainable applications on the market that allow a hacker to compromise ANY device on a public WiFi system.
Great, so now what?
Think about “cold-storage” of sensitive information, cold storage meaning that it cannot be accessed online, as in an external hard drive that’s locked away.
Use different passwords for sensitive things, like iCloud and banking. If you don’t care about social media, then you can keep those passwords the same throughout.
Forgo using public WiFi networks. Instead, you can turn your phone into your own private hotspot.
You may not be Jennifer Lawrence or Kate Upton, but we all must be committed to keeping our private data, private!
Do private investigators have attorney-client privilege?
It depends.
If you hire an investigative firm on your own, without legal counsel being involved and then later involve an attorney, than no.
In the majority of our cases we are retained by an attorney, so any investigative work that is done in relation to the case will be “Attorney Work Product” and therefore would be Privileged and Confidential. In short, attorney work-product falls under the umbrella of it being privileged, because the firm is working as an agent of the attorney’s in preparing your case.
This protection doesn’t mean everything is Privileged and not discoverable. Everything in writing (emails etc.) may be discoverable. Verbal communications normally are not.
Are the firm’s findings confidential, as in, you won’t release anything to the press, family, friends, or my job?
Confidentiality is key in our business. We take discretion extremely serious. I’m not sure what other Private Investigative firms do, but at the CMP Protective and Investigative Group have strict guidelines about confidentiality and keeping all records, contacts, files and investigative materials secure. Our entire staff signs Non-Disclosure Agreements when hired. During an initial call we even ask what the last name is of a potential client to make sure we are not conflicted. If we are conflicted, we simply say that we do not have the time to handle this case.
We do not “release” anything to anyone, but our client. If they want us to release any investigative materials to additional parties, we require them to make that request in writing.
Can you guarantee the outcome of an investigation?
We wish.
If you encounter an investigator that says they “guarantee the outcome of a case”, then run and run fast. Any reputable firm will tell you that while there are no guarantees, experienced and seasoned investigators bring years of training, experience and a network of resources that can assist in determining the (ballpark) odds are to solving a case. It would then be up to you to commence the investigation or if you wanted to continue with your investigation. I always tell my clients during the initial consultation that “no one knows what lies at the end of the rainbow.”
Wouldn’t an insurance fraud investigation be carried out by an insurance company?
Not necessarily. When a fraudulent claim is made, they affect not only the insurance company, but the other party who’s involved. Some criminals stage accidents. An example of this would be if someone crashes into your car, claims it’s your fault, exaggerates their injuries and not only targets your insurance company for the “damages”, but sues you for additional money.
Investigations like this utilize several investigative tactics.
Surveillance
In past cases similar to this, we performed surveillance on a plaintiff (the person suing you) who was claimed they were too injured to work. They came into court wearing a neck brace, limping and walking with a walker or a cane. A few days later, our surveillance revealed an entirely different story outside of the court room. The plaintiff was not only able bodied to work at a family owned business, but was playing soccer on a recreational team or do roof work on their private home. Needless to say, the lawsuit and claims were soon withdrawn or dismissed.
Accident Reconstruction
Accidents happen so fast it’s hard to know what exactly happened. Hiring an accident forensics investigator can help bring answers and eliminate the guesswork. An accident investigator will visit the accident site to reconstruct the accident. These investigations are done with sophisticated computer software that combines important factors such as the weather, point of impact, final resting position, speed, time of day and any skid marks left on the pavement, that allow our investigators to put together what caused the accident and who, if anyone, was at fault.
Interviews
Though it can tie-in with the reconstruction stage, investigators may also canvas the area to interview witnesses and take statements. Oftentimes, this can lead to finding surveillance footage that may the surrounding area, such as a storefront security camera. If you go to several of these places you may even catch the events leading up to the accident on video.
Testimony
Accident reports should contain all of the details surrounding the crash including the events before, during and after the collision. Expert investigative testimony should be clear and concise.
Before you enter into any business agreement, either as the buyer or seller, it’s imperative to perform a Due Diligence investigation to assess the background and the reputation of the company and the principals that run the company.
Background Investigations determine if the company or any of its key people, such as the CEO, CFO or COO, have any of these red flags:
Criminal / Civil Records: State or Federal criminal records, a litigious history, history of substance abuse, driving under the influence or soliciting a prostitute could be considered “red flags”.
Bankruptcies: Filed either as an individual or a company.
Liens: Federal tax liens, credit issues or grievances filed with the U.S. Tax Court.
Ongoing lawsuits or Judgments: Lawsuits that is personal or professional.
Regulatory Issues: Regulatory complaints or disciplinary actions taken by a state or federal agency.
Assets: Multiple properties which could imply that someone is living beyond their means or has obtained them in a nefarious way. Credit inquiries.
Reputation: Multiple divorce filings, history of sexual harassment or misconduct and news stories.
Professional History: Falsifying educational or working history.
Is someone listening to and or watching you?
As advancements in technology continuously happen, cameras and microphones become smaller and more accessible. “Bugging” and surveillance is becoming more of a problem for those looking to safeguard their privacy.
Common reasons to “bug” someone:
Though the reasons are varied, the most common solution is to perform a bug sweep, also known as a TCSM (Technical Counter Surveillance Measure) Sweep.
These sweeps use sophisticated technology to look for microphones, cameras and/or wiretapping.
Though bugs can be found, it’s an entire separate investigation to determine who put them there in the first place. As we commonly explain to our clients “it’s not like they put a name tag on a hidden camera that was pulled from your wall.”
Watch our video clip to learn more about TCSM bug sweeps.
Thomas Ruskin 