Working PI Magazine - Issue 8

Pr ivate In vestigato rs

Fall 2024, Vol. 8

PRODUCT INJURY LAWSUIT

Ensnares Investigators AN INSIDE LOOK at Applying Civil RICO

USING OSINT

to Catch an Overseas Scammer

INSURANCE IQ:

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Serving Private Investigators

Fall 2024, Vol. 8

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We Know Insurance | OREP.org

Editor’s Note

by Tony Jones, Senior Editor

Contributors

6

6

An Inside Look at Applying Civil RICO

14 20

by Tony Jones, Senior Editor

Using OSINT to Catch an Overseas Scammer

by Griffin Glynn, My OSINT Training

COVER STORY: Product Injury Lawsuit Ensnares Investigators

by Tony Jones, Senior Editor

24 26

Insurance IQ: Dangers of General Liability Only Coverage

by Isaac Peck, Senior Broker at OREP.org

14

20

What Is OSINT and How Can It Stop Human Trafficking?

by Jordan Smith, Hyperion Investigative Consulting

30 32 36

Here’s Why Ex-Journalists Make Great Private Investigators

by Mike Spencer, Spencer Investigations

26

The Fit Investigator: Don’t Die for Surveillance

by Michael Budde, Odin Investigative Services

Marketing: How Much Is Enough?

by Kelly E. Riddle, Kelmar Global

38

The Rise of Mitigation

36

by Derrick St. Fort, Mitigation & Justice

Mission Working PI is published to help readers build their businesses, reduce their risk of liability and stay informed on important technology and industry issues.

Write Us at Working PI Comments and letters are welcome. All stories without attribution are written by the Editor.

Publisher Isaac Peck | isaac@orep.org Senior Editor Tony Jones | tony@orep.org Editor Kendra Budd | kendra@orep.org Senior Graphic Designer Ariane Herwig | ariane@orep.org

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Working PI | Fall 2024

EDITOR’S NOTE

Leaning Into the Unknown Few things are guaranteed in life, which means all of us must deal with a series of unexpected twists and turns as we navigate our personal and professional paths. The unknown can be the root of stress and anxiety, but it can also be a source of excitement and adrenaline. How we manage and prepare ourselves for uncertainty can be the difference between crumbling from dangerous cracks in our foundation and withstanding or even thriving when we encounter an unexpected scenario or series of events.

In business, I suspect private investigators grapple with the unknown more than most professions. After all, there’s no telling where any given case might go. This issue of Working PI features two stories that underscore this point but perhaps not in the ways you may be thinking. Both involve litigation that put PIs in the crosshairs of legal proceedings and raised questions about actions taken and ethical practices. One turned out favorably for the investigators and their client, while the other is an ongoing, twisting tale that has put a PI firm at risk of significant financial and professional loss.

The latter comprises this issue’s cover story, Product Injury Lawsuit Ensnares Investigators (pg. 20), which highlights what can go wrong for investigators when their actions are not only called into question, but they’re accused of committing perjury. It’s a textbook example for why all investigators should carry liability insurance. Though private investigators’ actions are also accused of improprieties in An Inside Look at Applying Civil RICO (pg. 6), the unexpected aspect of this story centers on how the PI firm was able to apply the Racketeer Influenced and Corrupt Organization (RICO) Act to a civil suit for a breach of corporate non-compete and non-solicitation agreements and quickly win a favorable outcome for its client.

We also have two interesting articles involving open-source intelligence (OSINT).

If you’ve ever considered untangling the web of deceit behind one of those phishing scam emails from a foreign prince or proxy for a recently deceased benefactor, be sure to read Using OSINT to Catch an Overseas Scammer on pg. 14. Meanwhile, What Is OSINT and How Can It Stop Human Trafficking? (pg. 26) delves into how investigators for international non-profit The Exodus Road are using OSINT and other technology to identify and locate victims and traffickers.

In addition, this Fall 2024 edition has articles on the Dangers of General Liability Only Coverage (pg. 24), fitness tips for mental and physical well-being (pg. 32), marketing (pg. 36), mitigation (pg. 38), and more.

Thanks for reading,

Tony Tony Jones, Senior Editor

Correction In the Summer 2024 issue of Working PI, the cover story, Locate, Surveil and Capture: A Bounty Hunter’s Journey, incorrectly reported that California doesn’t require bounty hunters to be licensed. In fact, California has required anyone doing bail recovery to have a state-issued bail fugitive recovery agent license since July 1, 2023. We regret the error.

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Working PI | Fall 2024

CONTRIBUTORS Griffin Glynn

Tony Jones Tony Jones is Senior

Mike Spencer

Griffin Glynn is

Editor of Working PI

Mike Spencer has

magazine, published

a master’s degree

the co-owner of My

by OREP, a leading pro-

OSINT Training and a recognized expert in the world of open-source intelligence (OSINT). With more than 20 years of investigative experience, he leverages OSINT to assist law enforcement on cases of missing, exploited and trafficked children

vider of liability insurance for private investigators. In his career, he has planned, researched, written and edited countless feature articles and news pieces that delivered industry insight, best practices and timely news to readers. Based in San Jose, California, he has nearly 30 years

in journalism from the University of California, Berkeley. He is the founder of Spencer Legal Investigations and investigates criminal defense, civil cases and family law for trial lawyers in the San Francisco Bay Area. Before that, he worked as

through his work at the National Child

of business publishing experience and gradu-

a crime and general assignment reporter.

Protection Task Force. Griffin participates

ated with a bachelor’s degree in journalism

Check out his blog, Private Eye Confidential

in the online OSINT community under the

from the University of Arizona. Reach Tony

(https://spencerpi.blogspot.com/) and fol-

moniker, hatless1der.

via email at tony@orep.org.

low him on X (@SpencerPI).

Jordan Smith

Derrick St. Fort

Jordan Smith is the founder and Chief Investigator

Derrick St. Fort is a skilled Mitigation Specialist

of Hyperion Investigative Consulting and a certified

and the founder of Mitigation & Justice. As a licensed Private Investigator and board-certified

fraud examiner. He also serves as director of global

Criminal Defense Investigator, he has 19 years of

intelligence and strategic technology at The Exodus

experience in state and federal cases. He holds

Road, a non-profit focused on combating human trafficking. Jordan’s

a bachelor’s degree in criminology and a master’s degree in social

work integrates open-source intelligence (OSINT) techniques to disrupt

work from Florida State University. He offers insight into the role

trafficking networks and support international law enforcement in

of mitigation, investigative tips, and second chances in the justice

their fight against human exploitation.

system via Instagram, TikTok, and YouTube (@MitigationAndJustice).

Kelly E. Riddle

Isaac Peck

Kelly E. Riddle is

lisher of Working PI

the President of

magazine and the Pre-

Kelmar Global and

sident and Senior Bro-

the PI Institute of

ker of OREP.org, a lead-

Education, training more than 7,500

ing provider of liability insurance for PI

PIs since 1989. With more than 41

professionals. Working PI is the most

years of inves tigative experience

widely read print magazine for investi-

and author of 16 published books, he

gators nationwide, reaching over 25,000

is one of only 50 PIs who’s a Texas

PIs. Investigators who become OREP

including to Alaska, for high-profile cases.

Certified Investigator. He has been the

Members enjoy two 8-hour CE courses at

He has also served as a speaker at

guest speaker at more than 650 events

no charge (Visit OREP.org/PI-Members

industry conferences. He’s President and

and has been on national TV, radio

for details). Isaac brings over 10 years of

and newspapers. Riddle is also the

owner of Odin Investigative Services LLC,

experience leading teams in Professional

founder and President of the Council

Liability insurance underwriting, operations,

where he provides services across New

of Association Leaders, Association of

technology, and marketing—with a focus

Christian Investigators, and a graduate of

on E&O and general liability insurance for

the University of North Alabama where he

professionals. He holds a Master’s Degree

earned a Bachelor of Science degree in

in Accounting. Reach Isaac by phone at

Criminal Justice.

(888) 347-5273 or by email at isaac@orep.org.

Michael R. Budde

Isaac Peck is the Pub-

Michael R. Budde has been an accomplished private inve s t i g a t o r s i n ce 2011, with extensive expertise in all facets of investigations. Based in Upstate New York, Michael travels nationwide,

York state, with a focus on rural cases.

He maintains active memberships in the World Association of Detectives and the Associated Licensed Detectives of New York State.

CA License #4116465.

Fall 2024 | Working PI

5

An Inside Look at Applying Civil RICO

by Tony Jones, Senior Editor

“It doesn’t matter what happened; it matters if you can prove it happened.

If you don’t document it, it didn’t happen.”

Some of the biggest court cases in

American history have been pursued under the Racketeer Influenced and Corrupt Organization (RICO) Act. Federal prosecutors have gone after the Hells Angels, John Gotti, Bernie Madoff conspirators, Enron and many others by applying this far-reaching federal law that provides for extended criminal penalties for acts performed as part of an ongoing criminal organization or enterprise.

RICO is the stuff of big-budget motion pictures, true crime dramas and what most of us envision when we think about organized crime, the mafia, drug trafficking and offenses like blackmail, bribery and extortion. But while the criminal application of RICO may garner headlines and be well-known to private investigators, there’s also a civil component that should draw your interest because it allows a private individual

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Working PI | Fall 2024

to file suit if they can show their business or property sustained injury from a racketeer.

One recent lawsuit in Alabama serves as an excellent example. In what was essentially a case involving a breach of corporate non-compete and non-solicitation agreements, Ketwork Investigations LLC, an Alabama-based PI firm that specializes in undercover work, played an integral role in building a case utilizing civil RICO and bringing about a speedy and positive resolution for its client.

Here’s an inside look into what spurred the lawsuit and the investigative techniques Ketwork used to assemble compelling evidence that led to a preliminary injunction against the defendant and spurred a sizable settlement in their client’s favor.

Backstory In August 2020, Justin Taylor sold BT Holdings LLC (BTH), including its three subsidiaries and book of business—the term insurance companies use to describe their insureds—to Align Insurance Group LLC for $400,000 and a 20 percent stake in Align. As part of the deal, Taylor’s employees who had worked for BTH and its subsidiaries, including Harper Kranz, came to work for Align.

On July 22, 2022, Taylor sold his 20 percent interest in Align and signed an employment agreement with the company that included covenants “not to compete, not to solicit customers or employees, and not to disclose confidential information. The agreement also contained a clause prohibiting the disclosure of Align’s confidential information,” according to court documents. page 8

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page 6 Then, two months after signing his employment agreement with Align, Taylor left the company. Before long, the former BTH employees who had followed Taylor to Align, including Kranz, also quit.

Taylor and Kranz then began working for Platinum Global Insurance Agency Inc. (PGIA), a Louisiana-based company that competed with Align in Alabama and Florida. According to the complaint, Taylor and Kranz contacted Align’s customers, “spread disparaging information about Align” to them and convinced several of the insureds to switch their business to PGIA. The red flag for Align was a sudden proliferation of customers changing their insurance agent of record (AOR) from Align to PGIA. Align maintains that Taylor and Kranz personally helped Align’s customers complete their change of AOR forms necessary to move their business. When asked by Align why they had moved to PGIA, “the customers replied that they followed Justin Taylor or Harper Kranz there,” according to the complaint.

Investigation Launched The large exodus of customers concerned Align and prompted it to investigate. Its parent company, 68 Ventures, contracts with Ketwork Investigations, which was called in to look into the matter. The PI firm initially looked at the case as a breach of contract that would be pursued through state court, but it quickly uncovered evidence that would allow civil RICO to come into play.

Ketwork began by doing a forensic analysis of Align’s books and found a single wire transfer of nearly $105,000 that Taylor allegedly sent from an Align bank account to his personal account.

At that point, Ketwork reached out to law enforcement to see if they wanted to pursue a criminal case.

“Oddly enough, we couldn’t get enough interest,” says Ketrick Kelley, managing partner of Ketwork. “It was one count of wire fraud—pretty easy, low-hanging fruit—but we couldn’t get anybody interested in it.”

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Working PI | Fall 2024

“When we put together this case, by the time our client filed complaint to the time the case was finished, it was between eight and 10 months before we had a resolution.”

Kelley is a retired special agent with the FBI who has more than 30 years of investigative experience.

With still no interest from prosecutors to take up the case, Ketwork and Align began looking at the case differently.

“Number one, we knew we had criminal activity,” notes Kelley. “And number two, how could we do this without being tied up in court for so long that it doesn’t make it worthwhile for the client? That’s when we started looking at civil RICO.” One of the problems with breach-ofcontract and similar corporate cases is they can take a long time to move through state court. In fact, Kelley says it’s not unusual for such a case in Alabama to drag on for six to eight years before it’s resolved.

“It’s been our experience in South Alabama that federal cases get fast-tracked,” says Kelley. “When we put together this case, by the time our client filed complaint to the time the case was finished, it was between eight and 10 months before we had a resolution.”

Kelley attributes the speed partly to the federal system and partly to the amount of evidence that ultimately led to the plaintiff receiving a preliminary injunction order from the judge.

Applying Civil RICO Two of the key aspects to this case as it applies to civil RICO are racketeering, which is essentially when someone obtains money via an illegal enterprise, and interstate commerce—the movement of money, goods, services or people between states, which includes transactions conducted across state lines electronically or through the mail.

Given the increasingly interconnected nature of email servers and payment net-

works, demonstrating interstate commerce is easier. “If you send an email in Alabama, it might travel to an email server in Seattle, Washington, then back here to Alabama. The same thing happens with online payments,” observes Kelley.

Another important consideration in lining up a case to meet RICO requirements is how wide-reaching the statute was designed to be. “The federal government knew what they were doing when they put together RICO,” says Kelley. “It is so broad. There’s a list of 35 crimes— 27 federal and eight state crimes. If you can prove that these crimes—in a pattern of activity of two in a 10-year period—occurred through an enterprise, you can pursue a civil RICO charge. Even though you’re proving fraud and wire fraud, you’re suing civilly for them committing those acts.”

And as Kelley points out, “In the civil arena, as far as contracts go, most everything is through an enterprise. [The distinction for PIs is] you’re not enforcing.

We don’t have the authority as private investigators to enforce the fraudulent act, but we can sue you for committing it. We just have to prove it.”

The Scheme In its lawsuit, Align accused Taylor of selling BTH’s insurance book of business to Align for $400,000 and then stealing it back after he left the company for PGIA. As it investigated and conducted interviews, Ketwork discovered that “Taylor has, on at least three other occasions, sold his book of business to buyers for a substantial sum of money and then took the customers back after the sale was completed,” according to the complaint.

As they continued to dig, Kelley and his team argue that they uncovered a mulpage 10

page 8 tigenerational fraud operation. “Basically, the scheme was that this group would sell their book of business about every eight to 15 months. The underwriter remained the same, so the clients didn’t really know any different,” explains Kelley. “This book of business was handed down from father to son, so the customers were long-standing clients. They would sell the book of business, and then they would be hired on as managers to manage the clientele and make their transition smooth to the new company.”

In each case, Taylor is alleged to have brought his staff along to help oversee the process. For example, before they quit Align, Taylor’s employees—essentially a group of office workers who had not signed non-compete and non-solicitation agreements—sent internal Align documents from Align email accounts to their personal email accounts. The documentation included client lists with associated policy and premium information, client payment lists, customer certificates of insurance, invoices and other items that Align argued amounted to trade secrets and other proprietary information.

Ketwork’s investigation also uncovered emails sent by these staffers to customers informing them that the “team” had left Align due to an “awful” and “stressful” environment, and encouraged the insureds to follow others to the new agency.

Though PGIA was set up as a legitimate business, it allegedly began to work with and became part of the conspiracy with Taylor and Kranz. “Further, the two main guys [Taylor and Kranz] had some shell companies that they were using as transitional companies, which worked with PGIA,” says Kelley.

Investigative Techniques In addition to the $105,000 wire transfer, the other important crime to help tie this case to civil RICO was theft of trade secrets and proprietary information. To meet RICO requirements,

10 Working PI | Fall 2024

“Basically, the scheme was that this group would sell their book of business about every eight to 15 months.

The underwriter remained the same, so the clients didn’t really know any different,” explains Kelley.

Ketwork needed to prove illegal acts were conducted through an enterprise, which in this case were shell companies tied to Taylor.

the agreements I pulled off the computer. I’m going to forward anything else I have in this email from when we were starting.”

To build the case evidence, Ketwork deployed a slew of different investigative techniques including researching the different companies connected to Taylor, data collection, digging into associations with businesses and people, surveillance, trash covers, subpoenas for records, conducting interviews and taking affidavits.

By this time, Taylor and Kranz were working out of a business office. Court documents indicate the space was paid for

by PGIA and leased to Taylor doing business as Tidewater Insurance Agency.

Ketwork wanted to show Taylor and Kranz coming and going from the office, so it set up a “ghost” surveillance using a vehicle with a camera that was hooked up to an external battery source. The vehicle was parked on the street in a legal parking space, with the camera pointed toward the front door of the building. “We got them over the course of a week coming and going either together or separately,” says Kelley.

“They both had keys. They both put their keys in the door and walked in.”

Surveillance played a key role because Ketwork wanted to prove that Taylor, Kranz and the other staffers were still working together. Initial surveillance was conducted at a house where the group met because they didn’t have an office. Documentation included pictures of their vehicles parked at the house during normal business hours, with registration tags matching the defendants and their associates.

During this time, Ketwork also performed a legal trash cover (confiscation of garbage placed by the curb), which uncovered handwritten notes that included some to-do items like “new logo” and “new website,” along with mention of two former Align clients and the PGIA acronym. This helped document that these staffers were still working together as well as contacting Align customers to solicit them to move to PGIA, notes Kelley.

In addition to the emails found on Align’s servers, subpoenaed emails revealed the staffers were communicating about the customer contracts they had downloaded. For example, one email from October 2022, with “signed align agreements” as the subject, says, “Here are

At this point, the case was coming together “like bricks to a house,” including signed affidavits by people from some of the businesses that had previously fallen victim to the same scheme, but Ketwork wanted to “close the loop” on everything it had gathered and prove the case definitively.

A Big Decision Ketwork suspected that the office Taylor was renting likely housed the customer and policy documents from Align, so at the request of Align’s attorneys, the court issued a subpoena duces tecum, which under federal rules allows for an inspection of premises for the purpose of copying and photographing documents. However, after a week, the investigators received no response from the defendants, which had become customary over the course of the investigation.

In fact, they ignored 12 different sub-

poenas over several weeks, according to an Align court filing.

With little recourse and much internal debate, Ketwork decided to also subpoena the landlord of the office building. It issued a third-party subpoena to get a copy of the office lease agreement as well as a subpoena to inspect the premises, which would allow investigators to “inspect, measure, survey, photograph, test, or sample the property of any designated object or operation on it,” according to the description on the document. In addition, Ketwork included an attachment that identified and described the items it wanted to photograph, “documents that fit specifically into one of four categories related to invoices, contact lists, anything to do with Align Insurance,” says Kelley.

“We want to operate in a realm that’s legal, that’s ethical and that is admissible. If you’re not hitting on all three of

those, you’re wasting your time; you’re potentially getting yourself in trouble; and you’re certainly wasting the clients’ time and money,” explains Kelley.

“So, we decided to issue a subpoena for a premises inspection and attach specifically what we were looking for on the premises.”

After confirming that the lease agreement allowed him to enter the office space as well as conferring with his attorney about the premises inspection, the landlord arranged for Ketwork to gain access to the office. Once inside, there were two desks, and “on one of the desks, immediately we could see our client’s proprietary information,” says Kelley, including paperwork for former Align customers that was adorned with the PGIA logo. There were also file folders of contracts and invoices that included all of the customer contact information that had been taken from Align as well as a

PGIA checkbook for an account on which Taylor had been designated an authorized signer.

“So, we photographed all of that, put it back, and we left as we came,” recalls Kelley. “We knew it was an aggressive move, especially from a civil standpoint, but we were really left with no option.

They were ignoring our request for document production, and we felt based on all the other evidence that we had gathered throughout the investigation that we could justify what we did. And, as it turns out, not only was it admissible, but it was also sort of the nail in the coffin for them, and that’s why we were able to get the preliminary injunction.”

Court Ruling Indeed, Chief U.S. District Judge Jeffrey U. Beaverstock granted Align’s motion for a preliminary injunction, opining there page 12

Fall 2024 | Working PI 11

page 11 would be a “substantial likelihood” that Align would succeed on the merits of its claims for breach of contract and tortious interference. As a result, he ruled that Taylor, and anyone acting in concert with him (including Kranz and PGIA), is prohibited from soliciting or providing insurance services to customers that were Align insureds while Taylor was employed at Align as well as potential clients in areas where Align conducts business. The preliminary injunction does not apply to the former Align customers that switched to PGIA prior to the court’s ruling.

All defendants are also prohibited from “disclosing, using or otherwise seeking benefit from Align’s confidential, proprietary and trade secret information taken from Align by them or anyone in concert with them,” according to the court order.

After the judge’s ruling, a confidential settlement was reached.

Importance of Documentation Besides highlighting the possibility of applying the RICO statute to civil suits, one of the key takeaways for private investigators in this case is the importance of documentation. Ketwork’s meticulous and methodical gathering of evidence played a key role in helping Align’s attorneys convince the judge to grant the preliminary injunction.

Documentation of investigative actions is also critical in protecting your business. During a trash cover, for example, Ketwork will try to take timestamped photographs of the garbage that show a mailbox in the foreground to prove it was by the curb at a specific address. Investigators also videotape themselves as they take the garbage bags to a separate location to go through them, says Kelley.

Recording interactions with people connected to a case is also important whenever possible. For example, the day after Ketwork performed the premises inspection, attorneys for Taylor and Kranz filed a motion for an emergency evidentiary hearing to temporarily

12 Working PI | Fall 2024

“Everything must be corroborated as many times as you can.

You and I can talk about having this conversation, but we may not recall it unless somebody pulls out the recording of it.” stay discovery. The defendants argued that the court’s order permitting Align limited expedited discovery “did not squarely address” Align’s request for using “subpoenas duces tecum on third parties,” which Ketwork used to compel the office-building landlord to provide access. They also claimed the subpoena left unchecked the box indicating a premises inspection.

witness to be called under direct examination. As he’s walking up to the stand, our counsel said, ‘Just to let the court know, we recorded all of the conversations that happened with this witness while he was being served and at the site when the subpoena was served. And we’ll be using it for purposes of cross examination.’ The guy stopped dead in his tracks.”

In addition, they accused Ketwork of misrepresenting themselves as FBI agents, including the flashing of an FBI badge, when issuing subpoenas in person and claimed Kelley had threatened the building landlord with an FBI raid if he didn’t comply with the subpoena.

As a result, Kelley says Align’s attorneys were able to parry off the defense attorneys’ accusations and get all their evidence admitted to the court.

In counter arguments, Align attorneys showed that the subpoena issued for the premises inspection had its checkbox marked and suggested the unchecked example submitted by defense counsel had been doctored.

The accusations of Ketwork investigators misrepresenting themselves as FBI agents were also dispelled. Kelley notes that the government takes away agents’ badges when they retire. “We have NEVER threatened or insinuated an FBI raid, or any current connection with the FBI,” Kelley said in his sworn affidavit. “While our retired FBI status is on our business cards and can be a rapport builder, we’ve never, ever used it to intimidate, threaten, insinuate, etc.”

As to threatening the building landlord with an FBI raid, “I recorded the entire encounter with the landlord and all other witnesses that we interviewed,” notes Kelley. “[The defendants] actually brought the landlord into the emergency hearing,” recalls Kelley. “I think he was the first

While it helps that Alabama, where Ketwork operates, is a one-party state in which only one person needs to know a recording is happening (as long as the consenting individual is a participant in the conversation), thorough documentation can cement a case and protect the integrity of your business.

“It doesn’t matter what happened; it matters if you can prove it happened.

If you don’t document it, it didn’t happen,” asserts Kelley. “Everything must be corroborated as many times as you can. You and I can talk about having this conversation, but we may not recall it unless somebody pulls out the recording of it. Everything that we do has to be lawful, ethical and admissible. It’s like a three-legged stool.”

Ultimately, whether a case can be applied to civil RICO depends on several factors, but private investigators should be aware that cases that qualify could speed up resolution in many jurisdictions.

“If you’re confident and you can prove it, you can put together a case like this to get some resolution faster for your client. It can be a powerful tool in a PI’s toolkit,” says Kelley.

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Using OSINT to Catch an Overseas Scammer

by Griffin Glynn, My OSINT Training

“What resulted was a wild, open-source intelligence (OSINT) and social-engineering ride I’ll never forget.”

Two years ago, I received an email

to my business that landed directly in my spam folder, as it should have. It was a scam so old it has become cliché in much of the world. The overseas millionaire, perhaps a prince, or in this case, a rich and dead businessman whose living proxy miraculously plucked me from the masses of all the email-owning people on earth to be the sole benefactor of an oddly specific fortune! What luck!

Despite the fact I can’t even conjure up enough luck to win the monthly business card raff le at my local Subway restaurant, it looked like things were finally turning around for me! Then again, have you ever wondered who’s on the other side of one of these emails?

Well, I did. And although it seemed like an impossible feat at the time, I decided to take a swing at exposing the fraudster on the other end of the line and see what kind of end game they had in mind

14 Working PI | Fall 2024

for me. What resulted was a wild, opensource intelligence (OSINT) and socialengineering ride I’ll never forget.

To start, I wanted to elicit information from the scammer that would help me identify them in real life. To do that, I had to think about the kinds of people the scammer had engaged when they were successful. Not very savvy? Perhaps unwise about technology? Maybe greedy? I definitely needed to play a role to accomplish my goal, so I figured the more I acted like someone they’ve encountered among prior victims, the more likely I’d draw something out of them.

First Steps Although I was pretty certain I was dealing with a freshly created throwaway email address, I couldn’t assume they didn’t make a mistake, so I checked all the usual boxes to start.

I ran the email through breach data tools ht tps:// haveibeenpwned.com,

https://emailrep.io and Google.com, and checked the username portion in https://whatsmyname.app, etc. If you’ve spent any time doing OSINT work, you know these angles quite well.

All of that was a bust, as expected, which meant I needed to start active engagement. So, I fired up the virtual machine, opened a sock-puppet Gmail, and got to work. I wasn’t going to email them back from my work account and expose anything about me, so I used my favorite alias: Tommy Gemcity. This was my email: Hello Mrs. Raphael, I received your email at my business regarding the passing of your husband and your desire to donate to an honest person. I can’t say thank you enough for your offer of generosity! I hope we can connect soon page 16

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page 14 and I am sorry to hear you may be in poor health.

Sincerely, Tommy Gemon President, The Treasure Hunter’s Club I cold-emailed them from a new account they’d never seen before, but considering I was sure they’d spammed countless email addresses in their quest for a victim, I doubted they’d notice—and I was right. In my email signature, I also took a stab at (harmlessly) phishing them back by including a link in case The Treasure Hunter’s Club sounded interesting enough to click. If it did, their IP address would be instantaneously captured before they were redirected to a completely normal and harmless website I’d pre-programmed to be the final destination.

I’ll admit I started out a bit greedy here, and our adversary was too wise to click on my tricky signature link.

Scammer Responds After a few days, I received a reply with good news! All they needed to transfer my millions was my full name, address, phone number, and a copy of my passport or ID. Amazing!

However, I pretended to get cold feet and replied that I was “wary of giving too much personal information online.”

I was hoping my need for reassurance would result in the scammer giving me something I could work with. In their reply, the scammer said, “I’m glad you’re wary of giving out your information, it assured me that you will not misuse this funds when you receive it.” The email included two “official” documents (See the Attestation and Official Deposit Certificate in Figure 1 on page 17) as attachments to prove that “everything is legal and risk free.”

I’m no bank fraud investigator, but I could tell these documents were “authentic” because they used at least six different fonts. And while I’d never actually seen what kind of paperwork

16 Working PI | Fall 2024

you have to do when you drop that kind of coin in the bank, I definitely imagined there’d be lots of stamps and signatures, so check and check! Looked good to me! [Eye Roll].

The scammers were still waiting for my personal information, so I obliged by providing them with the address and phone number for the largest apartment complex in the United States. I also included a link that would take them directly to a web page of Google files, while conveniently grabbing whatever IP address they might have been using at the time.

I was also starting to really wonder about their end game. It couldn’t just be simple identity theft, could it?

In their reply, the scammer provided the name of the bank they were supposedly using to transfer my funds and included a much more official sounding email address. This was followed by multiple email exchanges of them assuring me they were ready to transfer the money but just needed my ID photo, and me fumbling through various reasons why I couldn’t manage to attach a simple JPG to my email—all the while trying to keep them on the line to expose something useful.

Unexpected Progress In the meantime, something amazing happened … they clicked my email link!

Suddenly, I had an IP address to work with, though I wasn’t holding my breath it would be someone’s actual IP rather than one of the zillions of easily accessible VPN IPs available to literally anyone with even the slightest ability to Google.

Still, it was worth checking.

I could see that the internet service provider (ISP) was Orange from the Ivory Coast area in Africa. I checked it using several tools like https://maxmind.com, https://ipinfo.io and https://dnslytics.com to see what they could tell me. All said Orange was the ISP, with a general area of Abidjan in Cote D’Ivoire, and I could

also see it was negative for VPN/proxy/ TOR/relay. It looked really promising!

Another tool I like to use when looking at someone’s IP is a site called https:// iknowwhatyoudownload.com, which checks for torrent download and distributions. In many parts of the world, this is still popular, and while it might not offer me any value in terms of identifying someone, I can use it to get a sense of whether an IP might be from a VPN or not by looking at the volume. Many VPN IPs will reveal a very long list of torrents (often X-rated) that are more than a typical household would consume on its own. In this case, the IP in question had just a handful of results for some TV shows, not what I would expect from a commercial VPN IP. You might be thinking, “All of this is great, Griffin, but it’s not getting us any closer to identifying someone!” You’re right. Without a legal order or some kind of special access, finding the person behind that IP isn’t going to happen.

Or is it?

You see, we had one Hail Mary left to throw, and it’s our old friend breach data. I call it a Hail Mary because it had worked for me with IPs only a handful of times over the years due to a number of factors around how they can be changed as well as the move to IPv6 from IPv4.

Still, it was worth checking, and as it turned out, this IP address had been part of a data breach, and it was connected to someone’s account whose initials were “PB.” This was (potentially) great news. I say potentially because there are a ton of asterisks that should accompany information like this. For one, it didn’t put this person behind the keyboard in my situation. For another, we didn’t know if this IP address from the breach was still with this person. The list goes on, but it was worth pursuing to see where things would go.

Enter OSINT Now, we get to the fun part—OSINT! We were working with an email and a name,

Figure 1: “Official” documents emailed by the scammer to the author.

and wanted to see who this person was, what they’re about, and where they were in the world. Finding a foothold was a challenge at first because they didn’t go by their (presumed real) name in social media handles. Instead, they went by a version of what I’ll call “Bright Man.” Here’s a tip: I was able to locate a Facebook profile for this person by letting Google do the work for me—creating a Google dork (advanced search technique) to view results indexed specifically from Facebook that included parts of the “PB” name in the URL. Something along the lines of site:facebook.com “TERM1” AND “TERM2.” You see, a lot of Facebook users may start with an account using their full name, then adjust the display name to something

new like Mr. Bright Man did but never change the URL (yes, that’s a feature).

So, when John Smith starts a Facebook account at facebook.com/john.smith and then changes his display name to Jethro Gibbs, well his URL will remain unchanged. I can’t count the number of times I’ve found someone’s Facebook account just by trying firstname.lastname in the URL. Try it sometime!

OK, so Mr. Bright Man was merely a person of interest, but he had quite an online presence to explore. I was also able to gather several phone numbers and email addresses from clues left in his online posts and videos, as well as determine roughly where he lived by geolocating a few of his YouTube videos. So, now I had a decent handle on

who this person was should that become helpful down the road.

End Game Revealed While I was researching Mr. Bright Man, there was still one question burning in my brain: What was the scammer’s end game? Obviously, scams are for money, but so far, the worst thing they had tried to do was get a copy of my passport, address and phone number. Could they monetize that? Sure. Is it more work than just getting me to send them money somehow? Yup. Then, finally, the answer arrived in my inbox. It was an advance fee scam. The scammer advised me that the account page 18

Fall 2024 | Working PI 17

page 17 holding my $4.6 million was a “suspense account,” which required reactivation by way of paying a fee before they would be able to release the full funds. I was offered two options: 1) reactivate the account and claim the substantial interest accrued for the fee of $1,260, or 2) reactivate the account and forego the accrued interest for a smaller fee of $860. Classic!

What kind of money-hating idiot would turn down hundreds of thousands of dollars in accrued interest just to save $400 on fees? NOT THIS SOON-TO-BE MILLIONAIRE! Sign me up for that $1,260 fee right away, please, and thank you very much!

Pressing Onward Was this really all there was? Well, no. I wasn’t ready for it to be over. I decided to take one more stab at getting information from the scammers, so I assessed what had occurred. I knew they wanted me to send them money; I knew they must have a way to get that money; and I knew that their banking information may reveal new clues for me.

The next email I received from the “bank” advised me I could transfer my funds to the account number they had given me for someone named Thomas Smith. Though I initially presumed the commonness of this person’s name meant it was fake, the scammer was expecting me to send money, which meant they intended to receive it. I started to think Thomas Smith could be a real person, and perhaps he was a victim as well!

You see, there’s this thing called a money mule, essentially a middle person usually uninvolved in the actual scam who facilitates movement of the funds involved.

In some cases, they are tricked, in some cases coerced, and in other cases, they may actually get a cut of the money for performing services like cashing out and sending the balance elsewhere.

I needed a plan. Finding a Thomas Smith somewhere in the world was going to be impossible without further information, so I played the helpless, bumbling vic-

18 Working PI | Fall 2024

tim. I told the scammer my bank wouldn’t allow me to transfer the money despite my best efforts, but also let them know I could use PayPal or Venmo instead if they’d be willing to provide an email address or a phone number for me to look up their account.

research addresses. I located an address that appeared to be current, but just to be sure, I searched the county geographic information system (GIS) portal for property tax information. You’d be surprised how many U.S. counties have these kinds of sites and searches available.

As requested, they sent me an email address for PayPal, which I used to search the mobile app for a matching profile, and I got a hit that included a picture of Smith’s face. I also ran the email through one of my favorite tools, https://epieos.com, which indicated the email was connected to a Google account for Smith that had been used to leave several business reviews in a fairly tight geographic area.

As I’d hoped, Smith and his wife were still listed on the property, and via the people-search sites, I was able to gather more information on them including additional social media. It was more than enough information for someone to contact Smith and help him out of the unfortunate situation he appeared to be in.

Armed with that information, I used the advanced search feature on Facebook, combining his name with various town names near where he’d left his restaurant reviews, to find an account with a face that looked remarkably similar to the PayPal profile. Success!

Who Is Thomas Smith?

As I looked into Smith’s life, he didn’t seem like someone who would be wrapped up in an international wire fraud scheme.

Instead, he was most likely an innocent victim, either being preyed upon or compromised in some way. At this point, I wanted to locate his contact information or residence because I had every intention to pass him along to local authorities who could help him.

Gathering more information, I read his many different business reviews looking for clues, and I discovered one for a church. This review led me to believe Smith was very active at this church, so I looked to see if the church’s social media had any photos or information about him.

Bingo! I found posts mentioning him, explaining his background and listing his family members, including his wife by name. This was more than enough information to use people-search sites like https://truepeoplesearch.com to

Elder scams are sadly quite prevalent.

They can be extremely detrimental to victims who can quickly and unwittingly lose large sums of money before realizing something isn’t right. Thus, I hoped there could be a happy ending here for Smith.

I packaged my findings into a report, and despite never actually proving that Bright Man was behind the scam, I provided more than enough information to the authorities to demonstrate what was occurring and compel them to at least help Smith. This was all delivered to a friend at a U.S. agency that deals specifically with these types of crimes and who happened to have a fellow agent and friend in Smith’s area who would follow up.

Final Thoughts Wow, what a journey that was! By playing the part of a clueless victim, I was able to take a run-of-the-mill scam email and elicit potentially identifiable information from a person or persons halfway around the world. By using OSINT, I was able to identify and put together a significant amount of intelligence on a person of interest, leading authorities to a likely victim who may have really needed help. All in all, I’d say that’s a pretty impressive result!

Thanks for sticking with me until the end. I hope you enjoyed the story and perhaps picked up a few investigative tips along the way.

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COVER STORY

PRODUCT INJURY LAWSUIT

Ensnares Investigators

by Tony Jones, Senior Editor

“A reputable PI firm was allegedly double-crossed by its own client—who settled with the plaintiffs while reportedly encouraging them to pursue the PIs for additional compensation.”

It’s not unusual for private inves-

tigators (PIs) to be hired by corporate defendants in lawsuits involving product liability and/or personal injury; however, it is unusual for the PIs to be pulled into the lawsuit itself, then abandoned by the company who hired them in the midst of the pre-trial proceedings.

That’s exactly what’s happened in a wild and weaving lawsuit that is headed to a jury trial in January 2025 in Clark County, Nevada. A reputable PI firm was allegedly double-crossed by its own client—who settled with the plaintiffs while reportedly encouraging them to pursue the PIs for additional compensation.

Diaz-Toler/ Villafana v. Elite Investigations Inc., and TeraFlex Inc. is representative of what can go wrong for PIs who are doing surveillance in high stakes litigation.

20 Working PI | Fall 2024

What started as a product liability and injury case has evolved into a lawsuit targeting a private investigation firm, its CEO and one of its investigators, leaving them at risk of significant financial and professional loss, even though they had nothing to do with the underlying circumstances that spawned the initial litigation.

truck against damage from collisions.

They’re controversial because of the potential damage the bar can inflict on animals and pedestrians. Also known as “roo bars,” they were “originally intended” to “deflect bulls in the countryside or kangaroos in [Australia’s] Outback” when a collision occurs, the plaintiffs argued.

Here’s the story.

Background In February 2018, plaintiff Aiden DiazToler was struck by the front end of a 2017 Jeep Wrangler that was outfitted with an aftermarket bull bar. In the collision, the metal bar directly struck Diaz-Toler, leaving him with a broken pelvis and “other serious and permanent injuries,” including head trauma, according to court documents.

In this particular case, the bull bar was manufactured by Chinese company Qing Dao Hong Tuo Machinery Co. and distributed in the United States

by TeraFlex Inc. Diaz-Toler and his mother, co-plaintiff Jennifer Villafana, claimed the bull bar was “defective, unfit and unreasonably dangerous for its foreseeable use” and sued Qing Dao and TeraFlex, along with the firm that exported the device to the U.S. and the company that installed it on the Jeep.

Bull bars are designed to go in front of a vehicle’s bumper to protect the car or

The initial suit was essentially a productliability case. The plaintiffs cited multi-

ple product studies alongside steel bullbar bans in the United Kingdom and all 27 European Union countries as evidence that such bull bars were more likely to increase the severity of injury in a collision due to their rigidity. They also maintained that the defendants should have had clear product warnings visible to potential customers, but such messaging was either insufficient or nonexistent. In contrast, marketing content was quoted as saying the bull bars had “won a good reputation [at] home and abroad.”

PIs Hired After Diaz-Toler and Villafana sued the companies connected to the bull bar installed on the Jeep that hit Diaz-Toler (the driver of the Jeep was also named a defendant), TeraFlex hired Elite Investigations Inc. to surveil the plaintiffs prior to trial. Elite conducted surveillance on Diaz-Toler, Villafana, and the owner of the 2017 Jeep Wrangler that was involved in the accident. Two incidents occurred that would become a central focus of the claims against Elite.

Driveway Encounter: On Nov. 22, 2021, a woman approached Villafana and DiazToler on the driveway of their home, saying that she knew Diaz-Toler and that she was looking for a Hispanic friend of Diaz-Toler’s who had supposedly stolen some tools. Diaz-Toler replied that he didn’t know anyone by that name. When the encounter ended, Villafana said she took a photograph of the vehicle she thought the woman was driving.

Hospital Eavesdropping: On Nov. 23, 2021, an Elite PI tailed the plaintiffs to a hospital and followed them into the lobby.

Inside the lobby, he says he overheard Villafana and Diaz-Toler having a conversation with medical personnel to check in Diaz-Toler for surgery. The PI testified that he followed them inside because he was attempting to confirm Diaz-Toler’s identity and called the defense counsel when he learned of the surgery.

The encounter on the driveway rattled Diaz-Toler and Villafana, who suspected the woman was a private investigator.

A few months later and shortly before the trial was set to start, TeraFlex used the surveillance video of Diaz-Toler on Nov. 22 and 23, 2021, to have its damages expert, Dr. David Fish, testify that Diaz-Toler had “no ongoing brain injury,” which was the central damages issue in the lawsuit.

Diaz-Toler and his attorneys felt blindsided by the fact that the surveillance hadn’t been disclosed to them previously and was now being revealed on the eve of the trial. The surveillance produced and shared with the plaintiff’s attorneys was only three minutes and 12 seconds, but Dr. Fish testified he had reviewed hours of surveillance and that there was so much surveillance “he could not download it.”

Realizing that the surveillance was taken on the same day he and his mother were approached on the driveway, Diaz-Toler filed a motion to compel the production of the complete surveillance.

Diaz-Toler argued that because of the “extreme gravity of the allegations of illicit contact with Plaintiffs by a defense investigator” and TeraFlex’s untimely production of surveillance, that TeraFlex’s expert witness testimony should be thrown out, the Elite Investigation PIs should be deposed, and that TeraFlex should be ordered to produce “all surveillance and all metadata related to the surveillance.”

Perjury Allegations Here’s where things got interesting. In a sworn affidavit dated March 10, 2022, the Elite Investigations CEO indicated only one Elite employee (a male) had conducted surveillance on Diaz-Toler, that no one from Elite had approached or spoken to Diaz-Toler or Villafana on Nov. 22, and that he had “no knowledge or information regarding the identity of the person” who approached Diaz-Toler on the driveway.

In his deposition on March 12, 2022, the Elite PI who had conducted the surveillance testified that he didn’t see anyone approach Villafana or Diaz-Toler while conducting surveillance on Nov. 22 and

that he hadn’t been instructed to “engage in a ruse” with either plaintiff. It was during this deposition that the PI revealed he had followed Villafana and Diaz-Toler into the hospital and overheard discussion of Diaz-Toler’s upcoming surgery.

However, just three days later, on March 15, 2022, Elite turned over some metadata and three more “clips” taken a little before 10 a.m. on Nov. 22, which was about the time Villafana had testified she was approached by the woman on her driveway.

The Elite PI testified again, this time denying he had worked with a partner or made contact with Villafana. While the PI was being examined by the defense counsel, the plaintiffs discovered an audio clip in the metadata from Nov. 22 that was a conversation between a man and woman, according to the complaint.

The transcript reads as follows: Female: Far enough he should be trying to get in that car with her.

Male: Yeah.

Female: It’s a tall white kid, but he said his name was Aiden Diaz though they don’t know Jose Hernandez that took my tools. I — the lady would not tell me her name.

Male: That’s fine. But he — he did say Aiden Diaz?

Female: Yeah. He did say he was Aiden Diaz. Yeah.

Male: OK cool. That’s all I need to know.

Female: OK cool.

Male: Alright. Thank you so much.

Female: Yeah. No problem—is that all I do? Now what do I do? I just love this (laughs).

Male: Yeah. Yeah. No so, where did they go.

The PI subsequently confirmed he was the male voice captured in the audio clip. The plaintiffs argued that the PI’s admission meant both the Elite PI and its CEO had earlier committed perjury when they denied they had any connection to the woman who had approached page 22

Fall 2024 | Working PI 21

page 21 Villafana and Diaz-Toler outside their home. According to the complaint, the PI was read his Fifth Amendment rights— presumably regarding the protection against self-incrimination—at the request of the defense counsel for TeraFlex.

PIs Added to Lawsuit On April 13, 2022, the plaintiffs filed an amended, second complaint that added Elite Investigations, its CEO, and the surveilling PI to the lawsuit, suing them for invasion of privacy, defamation, negligent misrepresentation and civil conspiracy (false testimony under oath). All of the charges alleged by Villafana and Diaz-Toler stem from the driveway and hospital incidents, in conjunction with Elite’s testimony and additional evidence uncovered during the March 2022 evidentiary hearing.

Elite’s denials of any connection to the woman on the driveway are at the heart of the plaintiffs’ claims of defamation (that Villafana had lied in her affidavit and testimony about the encounter), negligent misrepresentation and civil conspiracy. In addition to maintaining that their privacy was violated on the driveway and in the hospital, Villafana and Diaz-Toler contend that Elite deliberately misled the court about the driveway encounter and that delayed the case, led to two full jury panels being dismissed because the evidentiary/sanctions hearing was drawn out, and hurt plaintiffs’ ability to settle their productliability lawsuit against TeraFlex and the bull bar manufacturer.

PIs Answer Back In Elite Investigations’ answer back to the plaintiffs’ lawsuit, they categorically denied the claims against them, arguing that the actions they took in relation to their investigation were protected by “absolute litigation privilege” with respect to the defamation claims and that the plaintiffs lacked “any objectively reasonable expectation of privacy” in their driveway as well as “in conversations capable of being overheard in a publicly accessible hospital lobby.” Though the plaintiffs’ charac-

22 Working PI | Fall 2024

terized the PI’s actions in the hospital as “surreptitious eavesdropping,” the key detail in this incident is that the PI followed Villafana and Diaz-Toler into a “publicly accessible” space.

for the defense.” … Plaintiffs failed to state any cognizable legal theory by which [we] can be held to account for an “intrusion” that they [did] not physically commit.

The PIs pushed back against the notion of intrusion, arguing that the “Plaintiffs did not even know PI had followed them into the lobby until after the fact. By definition, the degree of intrusion of that alleged intrusion was nonexistent. As to the alleged driveway intrusion, there was nothing ‘intrusive’ about the unknown woman approaching Plaintiffs in the driveway in front of their home.”

In the court documents, the Elite investigators acknowledge that their own company policy precluded them from contacting the plaintiffs directly because they were represented by counsel. This is in line with standards and ethics laid out by the American Bar Association (ABA) and included in many state rules and regulations. ABA guidelines stipulate that “in representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter,” unless they have consent from the other lawyer or are authorized by law.

Tailing a subject into a public area as part of surveillance is a common PI technique. That the setting happened to be a hospital lobby vs. a hotel lobby is irrelevant except for the gray area of being within earshot to hear private medical details. Additionally, in personal-injury cases, investigators following subjects into publicly accessible medical spaces is customary—some PIs actually use a target’s hospital appointments as a way to locate the target and tail them as they leave the hospital.

As to the “eavesdropping” claim, the PIs point to legal precedent that holds that “no reasonable expectation of privacy exists in a conversation when the plaintiff knows that other persons can overhear,” such as a conversation one has in line in a public place—like a waiting room or lobby!

Additionally, despite the PI acknowledging that it was his voice on the audio clip revealed during the evidentiary hearing, Elite continues to maintain there was no proof that either Elite’s CEO or the surveilling PI himself had engaged the woman who approached Villafana and Diaz-Toler: With respect to the alleged “intrusion” in Plaintiffs’ driveway in front of their home, they do not allege that [we] perpetrated this incident.

Instead, they allege it was “a woman” and an “investigator/agent working

Private investigators are typically treated as “agents” of the attorney, meaning that if a PI had approached Diaz-Toler or Villafana at the direction of defense counsel, it could have put those attorneys at risk of disciplinary action. But it’s worth noting this ABA guideline is specific to conversations about “the subject of the representation.” Asking someone their name is hardly a conversation about the details of the case.

While Diaz-Toler repeatedly alleges that Elite “violated Nevada statutes, regulations, industry standards and its own internal procedures” by having a woman approach them on their driveway, Elite rightly calls their bluff, pointing out that they cite “no specific Nevada statutes, regulations, or industry standards that were allegedly violated [and] presented no admissible evidence to establish that any of the Elite Defendants spoke directly with Plaintiffs” or engaged the woman to speak to them.

Corporate Veil In addition to naming Elite Investigations in the lawsuit, Elite’s CEO and the surveilling PI were also named individually. Here, Elite raises the specter of the corporate veil to both shield the

PIs from individual liability as well as attack the civil conspiracy claim, asserting that there could be no civil conspiracy because “agents and employees of a corporation cannot conspire with their corporate principal or employer where they act in their official capacities on behalf of the corporation and not as individuals for their individual advantage. … All of the alleged ‘concerted actions’ of the PIs occurred as employees of Elite in the context of their engagement for this case.” Elite Investigations Inc. is a Nevada corporation, according to the plaintiff’s complaint.

cate” Elite as part of the settlement and entangle them in civil liability. This allegedly included an exchange of drafts of the plaintiffs’ amended complaint that added Elite to the lawsuit, during which TeraFlex allegedly shared “concepts” to help the plaintiffs assert claims against Elite and provided “input” to how claims against Elite “could be presented” in the amended complaint.

Turn of Events Six days after the Elite defendants filed their motion to dismiss the claims against them, TeraFlex and the other bull-bar defendants announced they had reached a settlement with the plaintiffs—effectively leaving the private investigators out in the cold and potentially on the hook for any remaining liability.

In another twist, Nova Casualty Co. and The Hanover Insurance Group Inc., the insurers for TeraFlex, tried to join the lawsuit against the private investigators seeking subrogation to recoup the funds it had to pay out as part of the settlement.

The insurance carriers argued that Elite’s “bad acts and fatally bungled investigation” forced TeraFlex into an “exorbitant settlement in what would have otherwise been a defensible case,” but their motion to intervene was denied.

The Elite defendants quickly fired off a motion in opposition to the settlement, arguing that the “proposed settlement was disproportionately lower than TeraFlex’s fair share of damages as compared to that (if any)” of Elite and its PIs. “While the amount that TeraFlex agreed to pay appears to be significant in a vacuum, it represents only a small fraction of the damages alleged by Plaintiffs, which according to TeraFlex, may be as much as $86.4 million. … In no way does the proposed settlement represent a ‘fair share’ when compared to the potential exposure (if any) of the Elite Defendants,” they wrote.

Further, Elite also contended that the settlement was “the product of blatant collusion between Plaintiffs and TeraFlex aimed at injuring the interests of the Elite Defendants—namely, exposing them to damages for which they are not responsible and conspiring to strip them of contribution and indemnity rights.” Elite maintains that after the purported misconduct by the investigators was discovered, the plaintiffs and TeraFlex entered mediation and devised a plan to “impli-

Though the amount of the settlement between the plaintiffs and TeraFlex isn’t public, court documents indicate the settlement was approved.

The lawsuit against Elite, its CEO, and the surveilling PI is expected to go to trial next year.

Protection for PIs Isaac Peck, president of OREP Insurance, a national provider of liability insurance for private investigators nationwide, says that this case provides a good example of why private investigators should focus on protecting themselves. “It will be interesting to see if this case goes to trial next year or is settled beforehand.

The allegations made against the PIs seem very dramatic for what amounts to pretty routine surveillance,” says Peck. “To the extent the plaintiffs are claiming invasion of privacy and ‘highly offensive’ intrusions on seclusion, these claims are a little mind-boggling since both of the incidents involved were in public places, i.e. a home’s driveway and the lobby of a hospital. This is why we are always telling PIs: Even if you don’t do anything wrong, you can still end up in a lawsuit. That’s why carrying lia-

bility insurance as a private investigator is so important.”

The rule of thumb in the liability insurance industry is that the average cost to defend against a frivolous claim is roughly $25,000, assuming you can win it quickly. But Peck says defense costs for complex litigation can easily exceed $100,000 (and beyond), even if you win!

“Dozens of filings have been made by both sides so far, experts have been hired, depositions scheduled, and the activity will likely continue leading up to trial. We’re talking about serious money before a case like this even makes it to trial. And trials themselves are often incredibly expensive,” Peck surmises.

Most private investigators can get $1 million in liability insurance for less than $800 per year, making protection incredibly affordable, advises Peck.

This case is also a good example of how the digital age is changing how discovery is done. “It’s notable that the discovery order included ‘metadata’ in this case and that the plaintiffs were able to locate the audio file in question in the data. Technological advances in digital forensics make discovery orders that much more powerful—photos, video, audio, all of it is fair game in litigation, and PIs and their clients are at risk of serious legal consequences if they fail to turn over the data. We frequently counsel PIs to ‘assume discovery’ in their surveillance and operations. Looking at it that way can help inform your strategy on a case going in, especially if your work is being questioned or you’re called into a deposition,” advises Peck.

A jury trial date of Jan. 6, 2025, has been set by the court, but it is not unusual to see the trial pushed back in cases like these. Stay tuned.

This is a developing story, visit us online at WorkingPImag.com and subscribe to our digital newsletter to get the latest news and information delivered directly to your email inbox.

Fall 2024 | Working PI 23

Insurance IQ: Dangers of General Liability Only Coverage

by Isaac Peck, Senior Broker at OREP.org

“The good news for PIs is that several insurance programs offer a combination E&O and general liability policy that provides both of these coverages.”

Private investigators in roughly a do-

zen states are required by their licensing authority to carry general liability insurance to keep their licenses in good standing. For example, Virginia requires private investigators to carry $1 million of general liability coverage as a requirement of licensure. Georgia is another.

As a result of many states’ general liability insurance requirements, some private investigators choose to carry general liability only policies and forgo errors and omissions (E&O) coverage.

This creates a significant coverage gap for a private investigator’s business.

Here’s why that happens and how to fix it.

What Is General Liability?

As a quick recap, general liability (GL) covers you primarily for bodily injury

24 Working PI | Fall 2024

and property damage (BIPD) claims during the course of your operation. In other words, if it is alleged that someone got hurt or property was damaged because of your actions, then the GL policy should respond.

GL is carried by most physical professions (security guards, contractors, electricians, etc.) as well as most retail establishments like Little Caesars, Walgreens, etc. GL is typically the policy that provides the core “slip and fall” liability coverage if you have a physical office that clients visit, and they trip and break their leg. (This happens frequently at big-box retailers!)

E&O coverage, also called professional liability insurance, covers you for mistakes—errors and omissions—that you make in your professional capacity as a private investigator. In other words, a mistake in the services provided. This type of insurance is very common for

providers of professional services, including lawyers, doctors, real estate appraisers, architects, engineers and so on.

What’s the Problem?

The problem for PIs who carry only general liability insurance is twofold: 1. Many general liability policies actually exclude coverage for any claims that arise from the performance of professional services.

2. The PI won’t have coverage for any E&O related claims.

Consider that first point. What does it mean for an insurance policy to exclude claims that arise from the performance of professional services?

Check out Figure 1 on page 25 for an endorsement on a general liability insurance policy issued by an online insuretech offering “fast and cheap” coverage for PIs.

Figure 1: Example of an endorsement that excludes insurance coverage for claims that arise from the performance of professional services.

Specifically, the endorsement excludes: Injuries, damages, claims, “suits,” actions or proceedings arising out of any “wrongful act” committed by the insured, or by any person for whom the insured is legally liable, and arising out of the rendering or failure to render “professional services” in the conduct of the insured’s business.

In other words, any claim against you or an injury you might cause that stems from your rendering professional services is excluded.

But wait … as a private investigator, aren’t all of the services you provide professional?

If so, one might wonder how much coverage, if any, this policy actually provides.

Dealing with the second point, PIs who carry general liability only policies don’t have coverage for any claims they might face alleging negligence in their duties or failure to perform.

Here are a two real-life examples of E&O related claims we’ve seen in lawsuits against investigators: • Preservation of Evidence: An accident investigation firm was hired to investigate an explosion on a drilling rig and a fire at a thrift store. In both

cases, the PI firm “failed to preserve the evidence,” causing their clients to be found guilty of “spoliation of evidence” and severely prejudicing their client’s ability to defend themselves.

The PI firm was subsequently sued.

• Negligence: This a broad claim, and we’ve seen suits that range across the spectrum, including (A) overpromising the outcome of services, (B) failing to report important information in an investigation, (C) reporting incorrect information in an investigation, and/or (D) performing poorly in an investigation. For any case in which a poor, incomplete or inaccurate investigation causes financial (or emotional) harm to a client or any stakeholder, the PI may have a liability exposure relating to their professional services, i.e., E&O insurance exposure.

What’s the Solution?

These two significant coverage gaps for PIs who carry only general liability highlight the necessity for investigators to carry both GL and E&O coverages.

The good news for PIs is that several insurance programs offer a combination E&O and general liability policy that provides both of these coverages. In an environment where general liability poli-

cies exclude claims related to the “rendering of professional services,” choosing a policy that provides professional and general liability coverage on one policy form is a way to reduce the risk that your coverage will be denied and ensure you’re protected.

And the price is not significantly more expensive than a standalone general liability policy either! Private investigator insurance has become incredibly affordable over the last five years. Many standalone GL policies are $400-$700. With OREP’s program, for example, minimum premiums for the E&O and GL combination policy start within that exact same range. Private investigators don’t have to pay (much) more to be covered properly.

I hope this advice helps keep you and your business safe. If you ever have any liability- or insurance-related questions, please reach out to me at isaac@orep.org.

Here’s to your success!

Stay Informed Opt-In for News at WorkingPImag.com

Fall 2024 | Working PI 25

What Is OSINT and How Can It Stop Human Trafficking?

by Jordan Smith, Hyperion Investigative Consulting

“Using OSINT, investigators build comprehensive profiles about individual traffickers, their victims, and their connections or co-conspirators.”

Modern-day slavery insidiously in-

fects every country in the world, adapting to use new technologies as it persists through cultural progress and change.

The internet, for all of the many amazing things it has made possible, has also been used by traffickers to recruit victims, conduct transactions, and organize sex and labor trafficking at a speed and scale never seen before.

To counter this, The Exodus Road (TER), an international non-profit focused on combating human trafficking, is embracing new technological solutions to identify victims and traffickers, locate them, and identify trafficker networks.

One of the core techniques it’s deploying is open-source intelligence (OSINT).

As part of TER’s cyber investigations team, I use OSINT daily to build cases.

While OSINT has existed for decades, it rose to prominence as a recognized form of intelligence collection when the

26 Working PI | Fall 2024

U.S. intelligence community added it to its definition of intelligence sources after the Cold War. Today, OSINT includes the examination, monitoring, collection and preservation of a wide range of data sources.

Those sources include websites, social media platforms, public government data, professional and academic publications, deep web sources (not to be confused with the “Dark Web”), mapping sites and more. The field has grown to be a crucial tool in anti-trafficking efforts, used for gathering and analyzing information that is openly available but requires skill to locate, verify and employ effectively.

OSINT in Human Trafficking Investigations While OSINT is a powerful tool for antitrafficking investigators, it is also used by traffickers to hunt for victims. This is why TER not only deploys OSINT inves-

tigations against traffickers but has also built an innovative and engaging program to teach young people and parents about the techniques employed by online predators.

TER’s U.S. OSINT investigators have deployed OSINT investigations in a variety of ways. We started by supporting law enforcement and TER international investigator requests for assistance in identifying potential victims. Traffickers often force those they are exploiting to provide fake information about themselves to buyers, just in case the customers are undercover investigators or informants. Fortunately, with very few pieces of information, OSINT analysts can often find out who someone really is, which allows law enforcement to make informed decisions about combating the criminal organization.

For example, identifying a child who was illegally smuggled into the United States

can help law enforcement understand hot spots of initial trafficking recruitment, potential smuggling routes and involved parties.

These same techniques can be used to identify traffickers. A few pieces of information, like a phone number or a social media page, allow OSINT investigators to begin uncovering their real identities, which allows law enforcement to build a better case. This is a crucial first step.

Using OSINT, investigators build comprehensive profiles about individual traffickers, their victims, and their connections or co-conspirators. In some cases, this helps identify larger trafficking organizations. TER has found that many of these criminal organiza-

tions rely heavily on social media, forums, and other public and semi-public web resources to organize, recruit and communicate with each other. Their activities can leave a trail of breadcrumbs to follow, allowing us to discover an organization’s entire operation from very few pieces of information.

In one case TER worked on, a single phone number and Facebook page allowed us to identify a multinational recruiting effort designed to attract victims to Thailand and the Philippines under the guise of offering legitimate employment. Traffickers would then take away their freedom and force them into perpetrating pig butchering schemes—a type of long-term, virtual investment fraud that exploits victims’

emotional and financial vulnerabilities— against others.

These comprehensive profiles result in charts like the one at https://theexodusroad.com/what-is-osint/, as well as detailed reports, which we provide to law enforcement to help them better understand the scale, scope, details and evidence of a trafficking organization.

OSINT Ethics The kinds of information that can be gained through OSINT investigations vary from country to country based on privacy laws. However, even in stricter countries, the amount of information that might be out there about an individual or a business can cause privacy page 28

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page 27 concerns. The easy response might be “don’t do anything wrong, and then you have nothing to worry about.” However, that’s an oversimplification.

Like all tools, the way OSINT is used is critical. Just as a chef knife is essential in the kitchen, used to prepare meals that nourish and bring joy to families, OSINT can also be used for good—such as aiding organizations like The Exodus Road to gather intelligence which leads to the disruption of human trafficking networks and freedom for survivors.

A knife in the kitchen is a tool of creation and care. But in the wrong hands, a knife can be a weapon used to cause harm. Similarly, when used maliciously, OSINT can lead to invasions of privacy, the spread of misinformation, or even the targeting and exploitation of individuals.

This is why TER’s team, and the vast majority of OSINT investigators, abide by a rigorous code of ethics. I am a certified fraud examiner, which means I have conduct and ethics standards that I must adhere to during my investigations.

I ensure that people who report to me adhere to these standards as well.

Similarly, at The Exodus Road, everything we do is governed by our values.

We have a board-assigned Ethics Committee that applies these values to all areas of our program work, ensuring that the organization holds itself accountable to the highest standards of operational integrity. While not legally required, our cyber investigative team also endeavors to adhere to the Berkeley Protocol, a standard developed by the Human Rights Center of the Berkeley School of Law and the United Nations Commission on Human Rights.

OSINT Targeting Should people worry about OSINT being used against them? The short answer is yes, but not in any kind of urgent way. Being aware and careful about what personal information you post on the internet is similar to locking your doors at night, putting on your seat-

28 Working PI | Fall 2024

“Traffickers can now use very convincing, idiomatically correct language to recruit people from different countries who speak different languages.” belt or installing an antivirus program.

These are precautionary measures we all should take as best practices, just in case we’re targeted.

A rule of thumb for most people is this: Do not post anything online that you wouldn’t want a stranger to know about you. This will go a long way to preserving privacy.

OSINT Training and Emerging Technology To ensure adherence to ethical standards, specialized training is essential for effective OSINT investigations.

These trainings teach the skills necessary to conduct a successful ethical investigation without needlessly violating the privacy of others. This helps ensure that investigators’ work provides maximum value and impact as we turn our cases over to law enforcement.

Law enforcement can only use what we give them if it was acquired in a way that would stand up to the scrutiny of a defense attorney, judge and jury, which means it must be “above board” and court-admissible.

Because the internet is a constantly shifting landscape, one-time training is insufficient. TER holds monthly training sessions to stay on top of emerging technologies, the new methods of investigation they can provide, and the new methods of obfuscation and crime they provide criminals. Two examples of this are blockchain technology’s intersection with OSINT and artificial intelligence (AI)—specifically natural language processing and large language models—and its role with OSINT. While blockchain technology has provided new and innovative ways to transfer funds, ensure transparent supply chains, and tokenize real-world assets,

it has also been exploited to perpetrate the pig butchering scams referenced earlier, among other criminal acts. Learning how to track these kinds of transactions is critical to OSINT investigations of human trafficking.

AI also presents new implications for trafficking and OSINT. Traffickers can now use very convincing, idiomatically correct language to recruit people from different countries who speak different languages. It’s only a matter of time before traffickers and other criminals begin to combine AI and blockchain to further obfuscate their transactions and finances.

However, AI also has broad and powerful potential for OSINT investigations.

To capitalize on this, TER is currently building an investigative tool that uses AI and OSINT capacities to identify potential trafficking victims and help us focus our investigations.

Get Involved Investigators of all kinds rely heavily on OSINT information, and human trafficking investigations are no different.

This is why The Exodus Road has dedicated resources to OSINT investigations and works to stay current on new ethical and technological developments in this field.

If you would like to ensure that our investigators can continue their expert investigations using OSINT, please consider joining our Freedom Collective community. Monthly donations provide critical technology and training to help us use the internet for good, finding the exploited in the digital world and helping to bring them real freedom.

Reprinted with permission from The Exodus Road (https://theexodusroad.com)

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Here’s Why Ex-Journalists Make Great Private Investigators

by Mike Spencer, Spencer Investigations in Walnut Creek, CA

“Accuracy is the currency of news and investigations.

We are paid to get it right.”

What I’ve always liked about pri-

vate investigations is the breadth of experience and intelligence of my colleagues. Ex-law-enforcement personnel swell the ranks of the PI field, but others come from different backgrounds, including law, human resources, accounting, academia and, in my case, journalism.

I’m often asked at cocktail parties, “Are you an ex-cop?” I respond, “No, ex-newspaper reporter.”

The lessons I learned from journalism training and my work at daily papers in Virginia, Florida and California have been incredibly valuable to me as an

30 Working PI | Fall 2024

investigator. A liberal arts college degree is also useful because of the emphasis on critical thinking and writing. (And as the self-employed know, we are always selling ourselves and our services.)

These are skills I learned—as an English major and a journalist—that I use every day as a private investigator: 1. Adherence to Deadlines Reporting is all about meeting deadlines.

At a daily, you might have up to three deadlines a day. Editors beat it into your head.

The legal and investigations worlds also thrive on timeliness. Investigative work is often time-sensitive, and getting the

work done fast (without sacrificing quality) is a vital skill.

2. Accuracy There’s nothing worse in the newspaper business than having to research and write your own correction. There are factual errors, spelling mistakes, misquotes and numerous other pitfalls to avoid. Accuracy is the currency of news and investigations.

We are paid to get it right.

3. Awareness of Bias A young reporter learns that most sources have an agenda, an axe to grind or an ingrained bias. These biases range from

overt to covert. Young scribes also realize that they, too, have conscious or subconscious views that could affect news coverage, as do their editors and publishers.

A private investigator needs a sophisticated sense of detecting bias, even within himself. (Some also refer to this as the “B.S. detector.”)

4. The Mighty Pen My English professor friend Jonathan calls writing, “the public face of your intelligence.” News writing on deadline may not reach great heights, but it’s usually clear and occasionally compelling.

As private investigators, we write reports in bulk. Lawyers and other clients need to read them quickly, so the reports have to be of high quality, simply written and concise. As criminal defense attorney Tony Serra said, “If it ain’t on the page, it ain’t on the stage.”

Surveillance investigators need similar reserves of energy. In both professions, it’s not uncommon to have a 16-hour work day.

9. The Ability to Learn Twenty years ago, we didn’t have big data, a social media explosion, or technology that is outdated in six months. A liberal arts education exposes students to new ideas and subject matter; good journalists are constantly studying new material, especially when they cover a story outside of their regular beat. PIs also have to learn new tricks. You don’t have to be a master of everything, but it helps to be aware of what’s new and upcoming.

10. Honesty Shortcuts, ethical breaches and dishonesty will derail any career, but a breach of trust may well destroy a journalist the fastest. Word gets around in any job about ethical lapses. I have heard of way too many investigators taking retainers without providing services, or even lying about whether someone was served with legal papers.

5. Resourcefulness Good reporters know their way around their beat. If they can’t get information one way, they might look for it somewhere else. The news business exposes reporters to numerous public agencies. Reporters quickly learn what agency oversees what on a local, state or national level.

The Takeaway A journalism background gives useful skills to any professional, from critical thinking to communication and the ability to work hard under pressure. When I hire a part-time investigator or work with a subcontractor, I want the person to have at least four or five of these traits.

Private investigators need the same enterprising spirit.

Reprinted with permission from Pursuit Magazine (https://pursuitmag.com).

6. Cultivating Sources Oscar-winning movie Spotlight portrayed Boston Globe reporters building sources to expose the patterns of abuse and cover-up by the Catholic church. The reporters knocked on a lot of doors, sometimes getting nowhere.

Unlike law enforcement, reporters and private investigators have no legal authority. Coercion won’t work, so being nice to interview subjects is a much better way of getting them to talk.

Good reporters form relationships with people, and bad ones use them once or burn them. Private investigators need the same commitment in finding witnesses, forming relationships and encouraging them to share what they know.

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Fall 2024 | Working PI 31

The Fit Investigator: Don’t Die for Surveillance

by Michael Budde, Odin Investigative Services

“The job demands more than just sharp instincts; it requires a body that can weather the unpredictable nature of the work.”

In the realm of private investigations,

especially on the surveillance side of the business, the importance of maintaining physical health cannot be overstated.

After nearly 13 years in the field, I’ve come to recognize that the job demands more than just sharp instincts; it requires a body that can weather the unpredictable nature of the work.

In this article, I’ll delve into the crucial link between physical fitness and the well-being of investigators, drawing from personal experiences that underscore the life-and-death implications of neglecting our health.

The Silent Threats On a surveillance operation, time seems to stretch endlessly. As investigators, we’re often confined to uncomfortable positions for hours on end, hunched over in a car or discreetly tucked away

32 Working PI | Fall 2024

in an inconspicuous spot. Some of us have had the distinct privilege of being in a surveillance vehicle for more than 48 hours. During one such operation, the severity of our sedentary lifestyle particularly hit home.

A close colleague, after years of surveillance work, fell victim to a blood clot that traveled to his lung. The outcome was severe, but he survived. The incident served as a stark reminder that our dedication to the job shouldn’t come at the cost of our health. Blood clots, back problems and other health issues can silently creep into the lives of investigators, and the consequences can be dire.

Considering these challenges, I imagine that many investigators reading this are currently thinking of the pain in their lower backs or necks. After years of surveillance, I don’t know many of us who

don’t have various injuries and pains ranging from minor to life-threatening.

Physical Fitness and Well-Being My personal fitness journey, spanning two decades of weightlifting, hiking, backpacking, hunting and jiu-jitsu, has been a lifeline in the face of these health threats. While the physical demands of the job are evident, the impact on our overall well-being is equally profound.

Here’s an overview of the fitness activities I enjoy, and the physical and mental benefits they provide me.

Powerlifting and Bodybuilding: In the realm of private investigations, where mental acuity is paramount, the benefits of weightlifting extend beyond a sculpted physique. Two decades of dedpage 34

page 32 icated weightlifting have not only fortified my physical strength but also fortified my resilience in the face of the demanding challenges that investigations often throw my way. The discipline of weightlifting has become a cornerstone in my routine, providing me with the endurance and stamina needed to navigate the unpredictable landscapes of the profession.

For my fellow investigators, it’s not about benching personal records but about building a robust foundation that supports both the body and the mind, enhancing our overall capacity to excel in our craft. Having the ability to confidently move from your vehicle to on foot, and potentially up mountains lugging surveillance gear, is something weight training will make monumentally easier while giving you the physical stamina to meet the demands of long days of surveillance.

34 Working PI | Fall 2024

Incorporating sandbag and kettlebell training into your regimen takes this to another level, offering a dynamic edge that’s especially valuable for investigators. Sandbags, with their shifting weight, challenge your grip strength and core stability, mimicking the unpredictable nature of carrying equipment and moving through varied terrain. This type of training builds functional strength and resilience, which translates directly to real-world scenarios in which flexibility and adaptability are key.

Kettlebell training complements this by enhancing explosive power and endurance through exercises like swings, snatches and Turkish get-ups. These movements simulate the multidirectional challenges you’ll face in the field, improving your agility and strength in ways that traditional weightlifting alone might not. Together, sandbags and kettlebells refine your overall physical read-

iness, ensuring you’re not only strong but also agile and capable of handling the demanding physical tasks inherent in our line of work.

Hiking/Backpacking: Embarking on the trail, with a backpack laden with essentials, has been my sanctuary away from the intricacies of surveillance. Hiking and backpacking serve as a powerful antidote to the sedentary nature of our work, reinvigorating both body and mind. The undulating paths, fresh air, and the rhythmic crunch of gravel beneath my boots provide not just physical exercise but also a mental reset.

It’s a reminder that investigations, much like a challenging trail, are a journey with highs, lows and unexpected turns.

For my fellow investigators, the call of the outdoors need not be daunting; a weekend hike or a backpacking trip is not just a break from the case files but

a therapeutic exploration that nurtures both physical and mental well-being.

in the face of any unexpected twists in the narrative.

Jiu-Jitsu: Jiu-jitsu, the art of grappling and submission, has been an unexpected but invaluable asset in my investigative toolkit. Beyond the physical demands of this martial art, its essence lies in adaptability, quick thinking and the ability to navigate unforeseen challenges—a perfect parallel to the fluid nature of investigations. As I roll on the mat, I am reminded that flexibility, both in body and mind, is paramount.

If you can handle the stress of being choked to near unconsciousness then returning the favor to your opponent, you can handle anything a case throws at you. Not to mention the confidence that comes from the ability to defend yourself in those extremely rare situations where a case has gone sideways.

For investigators, the mats of a jiu-jitsu gym may seem worlds away from our daily grind, but the lessons learned in the controlled chaos of a rolling session resonate profoundly. It’s not just about self-defense; it’s about cultivating a mindset that can grapple with the complexities of our profession, ensuring that we remain agile and adept

Final Thoughts As I share my experiences and insight into the crucial intersection of physical fitness and the life of a private investigator, my ultimate goal is to have fellow professional investigators understand the importance of prioritizing health within our demanding profession. I am a bit obsessive about my own health, and I don’t expect every PI to embark on the same fitness journey I have. The key is to find activities that resonate with you personally.

Whether it’s a leisurely walk with your family or four-legged companions after a prolonged day of surveillance, a short jog or a calming bike ride, incorporating even a modest amount of movement into your routine can make a world of difference. The goal is not perfection but the continual commitment to progression in our careers, bodies and minds, ensuring that we not only thrive in our professional endeavors but also lead healthier, more fulfilling lives beyond the shadows of our investigations.

As a final note, I have been designing workout plans for fellow investigators and other clients for years. If you aren’t sure where to start, don’t hesitate to reach out to me. This is a subject I am passionate about and can talk endlessly about. I would love to hear from you! You can contact me by email at mbudde@odinpi.net.

Fall 2024 | Working PI 35

Marketing: How Much Is Enough?

by Kelly E. Riddle, Kelmar Global

“A good marketing plan should have a mixture of printed, online and media that complement and overlap one another.”

Having been in business for more than 40 years, I often get asked, “How much money does it take to have an effective marketing strategy?” I usually turn the question around and ask, “What does your business plan call for?”

Both are good questions that point in the same direction but often are not considered in our fast-paced lifestyles. First, you need to understand what a realistic marketing budget would be for your current situation. Second, you must determine how much you need to add to that budget to get to the level of business you desire.

Start With a Business Plan Most private investigators do not go into business with a formal business plan, and thus, just “let things happen.”

Even if you are a one-person business and don’t intend to have employees, you still need to outline how you will maintain business, grow at a reasonable rate and, eventually, exit the business when ready to retire.

Business plans do not have to be large or cumbersome but should include what

36 Working PI | Fall 2024

type of investigations you intend to perform, where the market is for these types of services, how to obtain business from this sector, and how to increase your presence in your market area. In addition, business plans should outline company expenses, taxes, insurance, equipment, salaries, database access, licensing fees, rent, phone expenses and all other expenditures. There should also be an allowance for marketing and the various methods and platforms you will use to do so. Using a business plan will help you better understand where your business stands as well as the direction its headed.

Marketing Overview Many people use the terms “marketing” and “advertising” interchangeably.

In reality there is a difference. Advertising is defined by Dictionary.com as “the act or practice of calling public attention to one’s product, service, need, etc., especially by paid announcements in newspapers and magazines, over radio or television, on billboards, etc.” Marketing is defined by multiple resources as “the action or busi-

ness of promoting and selling products or services, including market research and advertising.”

To put it another way, advertising traditionally involves paying for promoting your product for a specific time frame and in a specific venue. Advertising is a tool used in marketing, but marketing is the overall process of promoting your business over a longer period of time and may also include market research, business planning, community involvement, product and service evaluation, and much more.

Understanding the difference enables business owners to promote their business in the short and long term.

Every business must set aside a marketing budget, whether $50 or $5,000 per month. If you do not address marketing on a basic level, you most likely will never grow your business because it is “out of sight and out of mind.”

Advertising needs to be consistent and methodical, and brand-building and name recognition are an integral part of the advertising process.

There should be a mechanism for measuring the results (return on investment) of your marketing promotions; however, sometimes this is not possible with branding activities that fit into the long-term goal of getting your company name better known and readily identifiable in your service area. “Name branding” can take on many avenues including public speaking, assisting in local social events, radio promotions and similar non-gradable methods. A good marketing plan should have a mixture of printed, online and media that complement and overlap one another.

Basic Tracking Advertising with printed material allows you to code the ad for tracking purposes.

In fact, a different code should be used for each advertisement placed. The code can be “mention the name Sherlock to get a 10% discount” or mention the code “007” to get a free consultation. If customers do not volunteer this information, you or your office staff need to get into the habit of asking how they heard about you to help figure out which ads are working. Of course, this does no good unless you have some type of document to track the information, so you can examine and analyze the results.

With print and online advertising, you can hire a marketing company that uses numerous web “landing pages” or abbreviated websites that have a different telephone number on each. This is a strategy through which you can measure how many leads you obtain through each landing page or website. These marketing vendors often have a “backend” website where you can log in and review the leads, rate them and adjust your strategy. This is valuable information if you take the time to access it.

Web Design Websites need to be clean looking and not cluttered with an over-abundance of text.

You generally have about three minutes to get your point across, so bullet points are much more useful than long, descriptive text. Good graphics are a must, as people respond to different stimuli, but

I would stay away from the stereotypical badge, Sherlock Holmes image, magnifying glass and similar items.

Any good marketing piece should relay basic information customers should know—services you provide, telephone number, email and anything unique about your company or services—as well as include a “call to action” that encourages them to contact you. Some people prefer to scan a website and then pick up the phone and call, while others will prefer to submit an email. You must appeal to both types of personalities. Your website should have a corporate appeal and not be about a single person. Including an “About Us” page on your website is a good idea, but a targeted landing page should have only key information.

We could spend an entire article on what makes a good website, but for now, we will stick to the basics. However, search engines need certain “tags” to keep your site moving toward the top of search results, so people can find you. Fresh information always helps with search engine optimization, so some investigative businesses use blogs to generate fresh content. Video, articles, references, upcoming events and similar strategies can also assist in this area.

What’s in a Name?

Having an easily identifiable domain name is also important. A name like Rocket Investigations and Security Consulting resulting in rocketinvestigations andsecurityconsulting.com is too long for prospective customers to enter into a browser or search engine. Instead, a shorter domain name like Rocket.com or RocketPI.com, which still references the business name and is easier to type and remember, would be more effective.

This is also important when printing on letterhead and business cards. Additionally, to keep with the business appeal and to reinforce branding, you should also utilize corporate email accounts such as rick@rocketpi.com. This projects that you’re a professional and is something that usually comes with web-

sites through the larger domain companies like Network Solutions or Go Daddy.

Visibility Once your website and emails have been tackled, you need to be visible. Be sure to take advantage of free, basic business listings on Yahoo, Bing and Google, but keep in mind that more robust visibility on these and other large search platforms will cost money. There are also a lot of free search engine submittal sites.

Just enter “free search engine,” and they will come up. Many will require you to open and verify an email account, which can be a little time consuming, but considering it is free that is not too much to ask.

Be careful with “paid search” or “pay per click” listings. Even though you can put a monetary limit on how much you want to spend each month, you can waste money easily via non-verified customers who are just playing around and not really shopping for your services.

To be most effective, you should really hire a company to manage your internet marketing, but again, you need to have a budget to work with. These companies will analyze your geographic market and determine which days of the week have the highest inquiries for your services as well as the times of the day. They will then use your marketing funds to push online ads during these key times to help stretch and manage your budget more effectively. Some services like YP (Yellow Pages) will push you within their own directories but will also do search engine placement as well.

Final Thoughts Marketing successfully requires some ingenuity and real thought process. You first need to define who you want to target (individuals, corporations, attorneys, adjusters, etc.) and then create a strategy to target each demographic.

Not all advertising requires a monetary expenditure, but you must set realistic goals and lay out a strategic marketing plan on how to achieve them.

Fall 2024 | Working PI 37

The Rise of Mitigation

by Derrick St. Fort, Mitigation & Justice

“Mitigation has become a key component in defense strategies for a wide range of criminal cases, from misdemeanors to felonies.”

In recent years, the use of mitigation in

the criminal justice system has gained increasing attention, becoming a crucial element in criminal and civil cases. Traditionally, mitigation has been primarily associated with defense attorneys and mitigation specialists; however, private investigators (PIs) are increasingly recognizing the importance of adopting these skills. As the demand for mitigation strategies grows, PIs can expand their value by incorporating mitigation techniques into their practice, offering attorneys a more holistic approach to building cases and achieving more favorable outcomes for clients.

Mitigation in the Justice System Mitigation in the context of criminal justice refers to the process of gathering and presenting information that humanizes a defendant, explaining the factors that contributed to their actions.

It offers insight into the circumstances that shaped a defendant’s behavior—

38 Working PI | Fall 2024

such as trauma, addiction, mental health issues or socioeconomic factors—without excusing the crime itself. Rather than seeking to justify unlawful actions, mitigation seeks to provide context and advocate for more lenient sentencing or alternative resolutions.

As attorneys increasingly rely on mitigation in a variety of cases, private investigators are uniquely positioned to assist in this effort. With their skills in uncovering hidden details, PIs can help build a full picture of the client’s background, identifying and documenting the key factors that influenced the defendant’s actions. Importantly, the application of mitigation has broadened beyond criminal defense, with its relevance expanding to civil cases.

An Expanding Role Mitigation was once seen as a tool primarily used in capital cases, where the goal was often to secure a life sentence

over the death penalty. However, this is no longer the case. Mitigation has become a key component in defense strategies for a wide range of criminal cases, from misdemeanors to felonies.

Studies have consistently shown that juries and judges are more likely to issue lenient sentences when they are presented with a clear narrative explaining a defendant’s life circumstances. This can make the difference between incarceration and probation, or between a lengthy prison sentence and a shorter, more rehabilitative one.

As mentioned above, the application of mitigation is also being used in civil matters such as personal injury cases, workers’ compensation claims, and child custody disputes. In these situations, mitigation might help explain a person’s emotional distress, the impact of an injury on their livelihood, or other background information that can justify damages or page 40

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page 38 liability. By gathering a comprehensive picture of the affected party’s background, private investigators can provide attorneys with the tools they need to craft compelling arguments in court.

For PIs, the ability to gather relevant and sensitive information through interviews with family members, employers, medical professionals and others can significantly enhance the effectiveness of an attorney’s mitigation strategy. As civil litigation increasingly incorporates mitigation, private investigators who develop expertise in these areas will find themselves in greater demand.

The Value of Mitigation Skills Mitigation requires a nuanced understanding of psychology, sociology and human behavior—areas that many private investigators are already familiar with through their investigative work.

By learning how to apply these insights effectively, investigators can broaden their scope and significantly improve the outcomes of their cases. As mitigation becomes more central to legal strategies, private investigators who can offer mitigation expertise will not only meet rising demand but also position themselves as invaluable assets to attorneys.

Private investigators are already experts in gathering facts, conducting interviews and reviewing records, but learning mitigation adds another layer of value to their services. For example, in criminal cases, investigators can help develop a deep understanding of the defendant’s background, finding details about their

upbringing, relationships, mental health or community environment that could sway a judge or jury. Similarly, in civil cases, investigators can use mitigation to provide insight into a plaintiff’s psychological, emotional or physical state, making the case for appropriate damages or compensation.

The integration of mitigation skills into private investigation practices allows for a more comprehensive approach to building legal cases. Investigators who embrace this shift can work alongside attorneys to not only uncover facts but also build persuasive narratives that reflect the complexities of their clients’ lives. This collaborative approach makes for stronger, more informed legal strategies, whether in criminal or civil cases.

Future of Mitigation Investigations The growing importance of mitigation in legal proceedings means private investigators have a significant opportunity to expand their services. As the criminal justice system increasingly moves toward rehabilitative and restorative models, mitigation will continue to play a central role in achieving favorable outcomes.

A growing body of research shows that defendants who have mitigation evidence presented on their behalf are more likely to receive reduced sentences or alternative forms of punishment, such as probation or community service.

The integration of mitigation skills into private investigations is not just a trend but an inevitable progression. By developing expertise in this area, PIs can es-

tablish themselves as indispensable contributors to the legal process. This not only improves their own professional opportunities but also enhances the fairness and effectiveness of the justice system as a whole.

Moreover, the use of mitigation is poised to expand even further into civil litigation. Investigators who are proactive in embracing this shift can build stronger relationships with attorneys, positioning themselves as essential partners in delivering comprehensive case outcomes.

Conclusion Mitigation is no longer a tool used solely by attorneys or mitigation specialists, nor is it limited to capital criminal cases.

Today, mitigation plays a crucial role in a wide range of legal matters, including misdemeanor and felony cases, child welfare cases, civil litigation, and many other areas of law. This expanding use reflects a growing recognition of the importance of understanding and addressing the underlying circumstances of individuals involved in legal disputes.

The rise of mitigation in criminal and civil cases underscores the need for private investigators to learn and integrate these skills into their practice. By doing so, PIs can increase their relevancy, add value to their services, and help create more balanced and informed legal outcomes. The future of legal investigation is clear: Mitigation is here to stay, and private investigators who embrace this innovation will thrive in the evolving legal landscape.

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