The White House reported last week that it will be taking steps towards minimizing investigations into corporate misconduct and reducing a government agency’s ability to open more than one probe into a single company concurrently. While independent agencies such as the Federal Reserve, Securities and Exchange Commission, or the Federal Communications Commission, those agencies might still be susceptible to enforcement by an executive order from the president.

A spokesperson for the White House budget office, an umbrella for the Office of Information and Regulatory Affairs, has declared on behalf of the proposed action that “These principles protect both individuals and small businesses while at the same time enforcing the law against wrongdoers. Providing a fair process of all Americans is what’s at the heart of this executive order.”

While it’s true that a corporate investigation can consequently devastate a small company, the entities that will receive the most protection under this proposed action would be larger businesses and Fortune 500 companies. Corporations of all sizes can always benefit from an independent corporate investigation conducted by an objective third-party. In pursuit of truth, independent or private investigators can illuminate the unseen machinations of any corporate investigation. Regardless of the intention of the proposed action, one of the ultimate consequences is that there will be less corporate oversight throughout the United States, allowing pervasive issues to continue harming the corporation or organization from within.  As employees, upper management, and consumers alike demand investigation and/or accountability for the wrongdoings in any given corporation or organization, there will be an intelligence vacuum, in which private investigators can use their skillsets to bring context to complex corporate investigations.

This proposed action may potentially protect businesses from malicious litigation or malicious whistleblowing, but it also erodes the voices of employees and consumers with legitimate concerns who cannot be heard otherwise. One of the greatest benefits of government oversight into any matter is that the government has the most resources and financial support available to properly regulate and enforce policy. Restricting the government’s ability to investigate internal issues that are impacting the workforce or the public means that pervasive issues will easily slip through the cracks and continue to inflict varying degrees of harm. The only recourse an employee or consumer might have at that point is an independent corporate investigation.

An independent corporate investigation is best conducted by a person who is not in any way associated with the corporation in question. While risk assessment firms are also known for conducting similar independent corporate investigations, private investigators are another type of professional who might be able to get answers in times of corporate crisis. Private investigators can diversify their services to meet a variety of intelligence needs, and some private investigators choose to specialize in only a handful of investigation types. Whether the private investigator diversifies or specializes, many private investigators may be missing out on opportunities to apply their investigative knowledge to corporate investigations in a way that can improve businesses from within to better their local economy, and affect change for larger corporations with a national reach.

Through their licensure by the state(s) where a private investigator practices, they have access to a wealth of information through verified databases similar to those used by law enforcement every day. Private investigators can use only a few details about a subject or subjects to generate a full background check on an individual or a corporate entity in order to have all the facts relevant to the case. For an independent corporate investigation, a private investigator can view items on employees and consumers such as criminal history, address history, credit history, and litigation history, and contextualize those items for the investigation. Through these databases, private investigators can also look up information about a corporate entity and garner relevant facts regarding its past actions, behaviors, and litigation.

Two of a private investigator’s most prolific and well-known talents are surveillance and undercover operations. When it comes to an independent corporate investigation, the ability to operate under the radar is crucial. In pursuit of truth, subjects in these type of investigations must not be aware they’re being watched. A private investigator knows how to blend in with a crowd or become part of the background of day-to-day life. Private investigators can wire themselves with surveillance technology, and seamlessly assimilate into a workplace in order to document daily internal operations. They can speak with witnesses and develop a rapport that ingratiates the witness to reveal relevant information. Through these intelligence operations, the private investigator is able to objectively document subjects in the work environment.

Because private investigators are typically independent from any law firm or government agency, their fact-finding also carries some additional transparency that is invaluable in an independent corporate investigation. This reduces the impact of any “they-said-they-said” narrative introduced by counsel in any consequential litigation. With even less government oversight on corporations in the United States, private investigators are ideal professionals to bring crucial context to the unheard problems within their structure.

Private investigators by their very nature have a proclivity for transparency and problem-solving. As the old adage goes, “knowledge is power.” Through private intelligence, private investigators can bring light to malignant situations that rot corporate culture and hurt public relations. In pursuit of the truth, they apply their methodology to multi-faceted, complex situations to get answers for their clients. Private investigators who do not currently offer corporate investigation services might be missing out on opportunities to expand their professional network and apply their services in new ways. Even small firms or singular private investigators contracting their services could apply fact-finding, surveillance, and undercover operations to investigate corporate misconduct. In this way, private investigators can fill in the gaps that can occur in corporate oversight and accountability.

The private investigators at Lauth Investigations International are dedicated to providing our clients to make empowered decisions in a complex business world. Our diverse list of intelligence services can be designed to fit the investigative needs of our clients. Call 317-951-1100 or visit us online at lauthinveststg.wpengine.com.

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Misconceptions about Private Investigators

1. Private investigators can’t make arrests.

It is a common perception that private investigators function similarly to the police. However, private investigators are not permitted to make arrests unless they are in a state where a citizen’s arrest is legal. Even then, specific circumstances must be met and it is more probable that a private investigator would contact the police if they felt an arrest was warranted.

2. They can’t check someone’s financial records.

Private investigators have several tools at their disposal but access to financial records is not one of them. Bank account information falls under private property and cannot be accessed without the appropriate approval from a court.

3. They can’t tap phone conversations.

This is another instance where a private investigator is bound by the law. Private phone conversations are still protected property and it is illegal for anyone to tap a phone without permission from a court. This also applies to recording any kind of conversation without the subjects being aware.

4. They put together background reports on people that contain private information.

This misconception is derived from the background reports people purchase online. The information in these reports, however, consist of public information and are usually generated by an automated system. You can often find the same information online yourself without paying a fee for it.

5. They can’t access someone’s credit information.

Laws in the United States have made it exceptionally difficult to obtain an individual’s credit information. A private investigator is bound by the same laws and cannot legally obtain someone’s credit information without telling them first.

Now that you know a little more about the misconceptions of private investigators, let’s talk about how they can actually be of help. The advantage of a private investigator is that they can tell you where to find information that will bolster your case. They can also compile useful information that might be difficult to obtain on your own. If you decide to hire a private investigator, be sure to get complete documentation of the services they provide.

Feel you have a case? Feel free to contact us to see how we can help.

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Indianapolis Private Investigator, Lauth Investigations can assist companies with the merger and acquisition due diligence process.

Just like you would do a background check on a potential employee, it is also important to do a comprehensive due diligence check on another company that you are considering merging or acquiring. While a business deal may seem lucrative and advantageous on the surface, complex and devastating problems could be lurking below the surface. By determining a potential company’s background and assets, you will be preventing business disasters by determining the factual background of a company as well as lowering the risk of crime within the business.

While Michael Sisco may be describing due diligence as related to technology, he still has several key concepts that every business may consider which follow as:

• Stability
• Financial cost trends
• Individual “flight risks”
• Business continuity issues
• Key players (2)

What exactly is involved in the due diligence process? First of all, a confidentiality agreement is requested from the seller by the buyer. This is basically an agreement to gain the knowledge about EVERY aspect of the business before you make an agreement with the seller. If you do not make an offer in the end, this agreement ensures you will keep all information confidential. The following is a list of items that are typical in a confidentiality agreement:

• Financials–3 years of financials is typical
• Employees–title, wage, duties
• Vendors—relationship with company
• Inventory
• Equipment
• Furniture and fixtures
• Debts—It is vital you understand if you are acquiring any debt, and if so, how much

Due diligence also involves a review period, which can be agreed upon, and three critical issues are explored during this time period. Legal due diligence is important to determine if the seller has the title to sell the company which is essential if the seller is part of a franchise. The financial due diligence portion can determine if there are hidden assets or financial issues that need to be addressed. Commercial due diligence will determine the competition of the business as well as how the market views the business. If everything goes well and you decide to buy the business, consult someone to write a buy/sell agreement. (3)

Other key ideas to keep in mind: “Capital—If you have leftover capital, use it wisely, and don’t overspend. Employees—Review all employees again. Fire the ones that have red flags or hire new ones if they current employees are doing their job. Inventory and Equipment—Be frugal. Upgrade instead of buy brand new equipment.”

Keep in mind to not rely on verbal statements. Stick to the confidentiality agreement. If the seller is not divulging all information, there is probably a (shady) reason so look into a new seller. Do not try to conduct due diligence on your own, and do not neglect the due diligence process. It could end in disaster. (3)

The lack of due diligence can have significant unforeseen financial consequences. For example, the Victorian Funds Management Corporation lost $500 million dollars due to lack of due diligence and relied only on Google searches. Their choice in pursuing death funds by Life Settlements Whole Funds turned out to be a financial disaster. Instead of taking the time to properly check out the deal and listen to regulators who cautioned against it, they went through with the merger. If they would have performed due diligence, they would not have been discredited or have suffered such a substantial financial setback. (4)

Remember, when you merge with another company or acquire their company, THEIR problems become YOUR problems. These problems can be as minor as inflated labor costs or as disastrous as embezzling corporate funding. The solution to this potential risk is to ensure you conduct proper due diligence before you partner with another company. You wouldn’t want their mistakes to become the failure of your company. The positive aspect is that by acquiring or merging with another company can lead to more success for your business if the background check is conducted properly.

About the Author: Kym L. Pasqualini is founder of the Nation’s Missing Children Organization in 1994 and the National Center for Missing Adults in 2000. Kym is an expert in the field of missing persons and continues to advocate for crime victims utilizing 20 years’ experience working with government officials, law enforcement, advocates, private investigators, and national media.

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Considered a branch of digital forensic science, the search of computers and other devices commonly refers to legal evidence presented in a court of law. There is a wide range of serious computer crimes that have emerged since the early 1980s such as fraud, the exchange of child pornography, cyber-stalking and more recently ‘hacking’ that created the necessity for this specialized group of detectives.

Forensic science used in computer investigations in civil proceedings is now termed ‘electronic discovery’ and is another form of information gathering. Through use of computer forensics, information referred to as ‘digital artifacts,’ such as an electronic document, email, and images are is gathered, identified, preserved, extracted, analyzed, documented and then interpreted using forensic methodology.

One of the most famous cases in history solved by the use of computer forensics was the feared “BTK Killer’ in Wichita, Kansas. From 1974 until 1991, a string of murders had occurred that cost millions and thousands of police man-hours to investigate but remained unsolved for over thirty years.

The investigation into the murders of four members of the Otero family began on January 15, 1974. Joseph Otero Jr., 38, his wife Julie, 34 and their two children, Josie, 11, and Joey, 9, were found murdered inside their home. The couple had three other children that were not home at the time of the homicides.

Police did not know it at the time but Dennis Rader, who claims he had been depressed after a lay-off at work, began searching for his first of ten victims. He spotted Julie and her daughter, Josie and followed them to school one morning. Raider regularly had thoughts of sexual bondage and approximately two months later, he decided to act upon his twisted thoughts with the intention of fulfilling his sexual fantasies by attacking the mother and young daughter.

With his parka filled with weapons and bindings, he headed to the Otero home and cut the phone lives before entering. Rader had not planned on the father or son being home when he entered the Otero residence so he ordered all to lie on the floor at gunpoint. He placed plastic bag over Joseph’s head killing the father first, and proceeded to strangle Julie with a rope in front of her children. Next, Rader sat in a chair and watched on as little Joey thrashed around while he slowly suffocated to death.

Josie he took to the basement where he already had a rope hanging from the ceiling where he hung the little girl, her little toes barely touching the floor. Julie’s body was found hanging from a noose tied to a sewer pipe with panties pulled down and semen traces on her body. Her siblings, Carmen, 13, and Charlie, 15, were the ones to discover their parents and younger brother and sisters bodies.

Three months later, Rader attacked a brother and sister, Kathryn Bright, 21, and her younger brother Kevin, 19, in their home. While forcing Kevin to tie up his sister, both put up a fight and Rader shot Kevin two times with a .22 caliber, once in the head. Rader then attempted to strangle Kathryn but ended up stabbing her with a knife and left her for dead. Departing the residence, Rader saw Kevin fleeing, running down the street. Kevin was the only one of Rader’s victims known to survive.

Over the next fifteen years, Rader killed five more victims. During this time, Rader also taunted investigators with notes, poems, puzzles, and pictures; even naming himself ‘BTK’ for Bind, Torture, Kill. Then ten years went by with no communication until police received a 3.5 floppy disk with a Word document in 2004.

Computer forensics broke the case. Investigators were able to find a document on the disk that had been deleted but contained metadata indicating someone by the name of Dennis at Christ Lutheran Church has modified the document. Looking on the church website police quickly found Dennis Rader served as president of the church council. After thirty years, it only took forensic computer investigators a couple hours to break the base.

Thomas Lauth, private investigator and owner of Lauth Investigations, with headquarters in Indianapolis, IN also has offices in Colorado and Arizona. An experienced private detective, he has spent years working all kinds of investigations but credits computer forensics as one of the most effective ways to delve into a person’s activities, even if the individual has gone to great lengths to cover their tracks. “Spending twenty years as a PI, I have seen incredible advancements in technology and computer forensics allowing police and those of us working in private investigations solve more and more crimes,”says Lauth. “Using computer forensics, we are able to examine computers, cell phones, web chats, and various other Internet activities contributing to helping solve everything from missing person case to corporate fraud and forgery.”

About the Author: Kym L. Pasqualini is founder of the Nation’s Missing Children Organization in 1994 and the National Center for Missing Adults in 2000. Kym is an expert in the field of missing persons and continues to advocate for crime victims utilizing 20 years’ experience working with government officials, law enforcement, advocates, private investigators, and national media.

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Private investigators of today are creative and masterful in their investigative techniques whether investigating a murder, searching for a missing person, tracking down art thieves, corporate investigations that can include everything from employee background checks to financial and insurance fraud. In essence, the private detectives of today are responsible for ensuring the quality of the workforce today. They can provide clients with background information about a person or corporation.

Instead of smoking a pipe and lurking in the shadows, the private detective of today may be a master at Yoga, sipping on green tea while sitting in his vehicle providing surveillance on a Fortune 500 company employee suspected of embezzlement. Similar to sworn officers, many private investigators are experts in their fields as well as track down witnesses in a homicide case to unearth new information in order to provide a family with justice. They may be infiltrating the child sex trafficking rings to rescue children or making a buy of stolen jewelry from an international crime ring.

Not always the most glamorous job, but the investigators of today possess skills that make them masters in their trade. Gathering and analyzing information, private investigators know where to go to obtain the most up to date and accurate information on subjects of interest. Their findings and expert testimony can make or break a court case. Whether they are on a fact finding mission, verifying an identity, generating new leads on a cold case, tailing a person of interest with GPS, or taking baby diapers out of trashcans to obtain DNA for the subject of a paternity test the new age private eyes are masters of their universe.

About the Author: Kym L. Pasqualini is founder of the Nationals Missing Children Organization in 1994 and the National Center for Missing Adults in 2000. Kym is an expert in the field of missing persons and continues to advocate for crime victims utilizing 20 years’ experience working with government officials, law enforcement, advocates, private investigators, and national media.

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Commonly private investigators assist companies, individuals and attorneys with services that can identify, locate, analyze and verify information about personal, financial or legal matters. From providing employment verification to investigating identity theft, harassment and infidelity, private investigators also perform surveillance and conduct interviews when assisting attorneys in case preparation of civil and criminal cases.

Private investigators play an important role in ensuring facts are documented and presented in a legal manner acceptable by courts throughout the country.

Taking into consideration Federal and State Laws privacy laws, working with a licensed private investigator or firm is the first step to make certain that information and the manner it is obtained is legal, accurate and admissible in court. Many times private investigators must make judgment calls and it is vital that you are working with individuals of the highest integrity.

Most private investigators have worked in the criminal justice field and some even former law enforcement. Despite credentials, it is important to verify the individual or firm you are working with is also licensed to carry out the work to be performed. Though not every state requires a private investigator to be licensed, doing some of your own footwork can ensure you are protected and even save you time and money.

For states that do require private investigators to be licensed, most require the investigator to be over the age of eighteen, a combination of education or work experience in the field of criminal justice. They must also pass a criminal history background check. For those who carry firearms, they must meet additional requirements. To verify the license of a private investigator or firm contact your state licensing entity.

About the Author: Kym L. Pasqualini is founder of the Nation’s Missing Children Organization in 1994 and the National Center for Missing Adults in 2000. Kym is an expert in the field of missing persons and continues to advocate for crime victims utilizing 20 years’ experience working with government officials, law enforcement, advocates, private investigators, and national media.

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Typically when thinking of custody we may immediately think “divorce” but there are many circumstances that may warrant representation when taking children’s lives into consideration.

• Legal separation or divorce
• Parental Death
• Parental Incompetence
• Domestic or sexual abuse allegations
• Paternity
• Third party care
• Child protection services involvement
• Juvenile Delinquency

Basic Definitions of Custody and Parenting Time

• Legal Custody is defined as the individual who has the right to make decisions on behalf of the child, including the child’s education, medical care, and even religious preference.
• Physical Custody is defined as the individual who makes decisions in regard to where the child lives and the child’s daily activities.
• Sole Custody is when an individual is the primary custodian and decision- maker in every aspect of the child’s life.
• Joint Legal Custody is defined as a situation where both parents/custodians share in the decision-making for how a child is raised, educated, receives health care and religious preference.
• Joint Physical Custody refers to the responsibility of the daily care and living arrangement being shared and handled in agreement with both parents/custodians.
• Parenting Time is commonly referred to as ‘visitation’ granted to noncustodial parent/custodian and usually by court order.

Grandparent’s Rights

Increasing numbers of grandparents are denied visitation to their grandchildren following a divorce. In response, laws have been passed in every state giving grandparents the right to petition the court for visitation in the event of divorce, parental incompetence or parental death. Grandparents may be granted visitation and at times even custody dependent upon the circumstances, if they can prove they share a substantial relationship with the child.

The Visitation Rights Enforcement Act of 1998, improved uniform visitation laws state by state, provisioning grandparent visitation. The law assured grandparents can visit grandchildren anywhere in the United States as long as they have been awarded visitation rights in one state. In a 2000 landmark case Troxel v. Granville the United States Supreme Court ruled in favor of the state of Washington permitting grandparents visitation rights over the objection of the mother. The Supreme Court ruled ‘fit parents have the fundamental right to make decisions concerning care, custody and control’ of their children.

Justice Sandra Day O’Connor, representing the majority stated, “So long as a parent adequately cares for his or her children, there will normally be no reason for the state to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent’s children.” Basically this decision supports in most cases the custodial parents can alone determine visitation for their children.

In any case though, states can grant visitation rights to grandparents. It has encouraged grandparents to attempt to get along and build a supportive relationship with the custodial parent for the benefit of the child.

Child Support and Deadbeat Parent Investigations

Private investigation firms can also assist parents when attempting to enforce a child support order by locating the subject and verify employment, asset searches, and even document if the subject is working off the books by following the individual and document any work activities. This information can be presented to the court to expedite enforcement.
“Whether an individual is concerned for the safety of their children in another custodian’s care or attempting to enforce an order of the court, private investigators can be an invaluable tool in the successful conclusion of a dispute,” says Thomas Lauth, owner of Lauth Investigations International, headquartered in Indianapolics IN. “Hiring a private investigator is even cost-effective when evaluating hiring an attorney to represent the case. After all, utilizing any legal means to ensure the proper care of children is recommended and its value cannot be underestimated.”

Custody Evaluations

Commonly during custody disputes, the court will order a ‘custody evaluation’ that can include an assessment of the child’s emotional, physical, psychological well-being, even who the child prefers to live with. If siblings are involved they heavily consider the benefits of keeping them together and examine the bond the child has with the prospective custodial parent. These evaluations are vital to the decision-making process to make an informed decision consistent with the well-being of the child.

In addition, prospective custodians are also evaluated to include evaluating moral character and psychological stability, financial condition, potential substance abuse, willingness to provide personal care rather than relying on third-parties (relatives, grandparents or friends), if a step-parent may be involved in the care of a child, any suspected abuse or previous allegations of domestics or sexual abuse and many other factors that may be deemed important and could affect a child’s well-being.

When a Private Investigator Can Help Courts Make Informed Decisions

A licensed private investigator can be a vital tool before, during or even after a custody evaluation is conducted. In a case where one parent is concerned for the child’s safety while in the care of the other parent, a private investigator has the ability to document information and behavior of the other party; while in another circumstance a the court may decide custody against one party and information that can be obtained can show just cause for reevaluation. A private investigator can provide organized information on behalf of the client that can be used and admissible in court decisions.

Methods and Information That Can Be Obtained

A private investigator can obtain evidence regarding financial stability, emotional stability, criminal history and any aliases, residential history (moving many times disrupting child’s stability), activity with associates, leaving children unattended, taking the child to a third party while staying at boyfriend/girlfriend’s or excessive partying; any contradictions in information provided to a court evaluator. When contradictions surface it has the potential to discredit the other party.

Private investigators can follow a subject during scheduled visitation times to determine any improper activity or neglect while the child is in their care. They can also follow the subject during their off-time without the child and document daily activities, living conditions, lifestyles, and persons they are associating with.

Private investigators can also conduct interviews with acquaintances and other family members familiar with the behavior of the subject, conduct video and photographic surveillance of the subjects activities, places they frequent, dropping off the children with third parties, conduct background investigations on acquaintances and visitors by obtaining license plate numbers of vehicles that frequent the subject’s residence. Associations can be quite revealing when attempting to validate concerns for a child’s safety.

Trash pulls – When trash container is placed curbside on a trash pickup day it then becomes public property and private investigators are able to obtain and inventory items such as prescription bottles, empty alcohol containers, contraband refuse and paraphernalia related to substance abuse, pornography, financial purchases and transactions are just a few examples of evidence that can be used to present to the court and discredit another party.

Comprehensive Background Investigations Can Include the Following:

• True Name
• Aliases
• True Social Security Number
• Of Birth
• Previous 7 Year Residence Verification
• Previous 7 Year Employer Verification
• Previous 7 Year Criminal History
• Previous 7 Year Civil History
• Driving Record
• Professional License Verification
• Tax Liens
• Education
• Siblings
• Bankruptcies
• Media Confirmation
• Intensive Internet/Multi Search Engine Investigation
• Police Incident and Case History Report
• Verification of Subject’s Personal Conversational Declarations/Comments/Claims
• Background investigations
• Criminal history check
• Civil background check
• Judgment or property liens
• Bankruptcy
• Background checks of associates

Licensed private investigators are able to present findings that can be admissible in court and are also qualified to testify in court on behalf of their client.

About the Author: Kym L. Pasqualini is founder of the Nation’s Missing Children Organization in 1994 and the National Center for Missing Adults in 2000. Kym is an expert in the field of missing persons and continues to advocate for crime victims utilizing 20 years’ experience working with government officials, law enforcement, advocates, private investigators, and national media.

The post When to Use a Private Investigator in Custody Matters? appeared first on Indiana Private Investigators | Lauth Investigations International, Inc..

Our Indianapolis Private Investigators at Lauth Investigations International work with national and global corporations and their corporate attorneys to provide a variety of investigative services. Our Indiana corporate investigators specialize in performing comprehensive due diligence investigations, corporate background screening, validation of assertions and representations, employee infidelity, asset searches, embezzlement and fraud investigations, and other complex internal investigations. At Lauth Investigations, our corporate investigative team works to provide comprehensive investigative services that help corporate officers assess risks and liability to strengthen internal controls, along with litigation support.

Corporate Veil

Unlike the structure of typical small businesses or a limited liability companies (LLC), corporate structures vary and created under the laws of a state to establish the corporation as a separate entity of its Board of Directors. Various forms of corporations exist and the actions of the corporate officers governed by the bylaws of the entity.

Generally accepted by law, corporations have responsibilities similar to that of an individual. Corporations can exercise rights against other individuals and entities, and the corporation held responsible for violations and criminal offenses, such as fraud.

Though not universal throughout the United States, one aspect of an incorporated entity is the “corporate veil” or limited liability protection in the event that a corporation fails. The term “corporate personhood” allows a corporation to exercise the same rights as an individual and in some states, provides limited liability to shareholders removing personal liability and insulating them from criminal liability, bankruptcy, corporate debt, and judgments against the corporation.

Corporate Litigation Support

Corporate litigation is a complex area of law that can include a variety of tort and contractual claims, such as breach of contract, misrepresentation of assets, fraud, trade secrets, worker’s compensation, infringement of intellectual property, and breach of fiduciary duties to name a few.

Lauth Investigations Litigation Support focuses on helping our clients resolve business disputes with the most comprehensive investigative and litigation support. Our litigation support investigators help uncover information and verify facts that will assist with pre-trial preparation, discovery, trial, and post-trial.

Corporate Disputes and Legal Considerations

• Employment Law Disputes
• Corporate Contract Negotiation
• Breach of Contract and General Contract Disputes
• Payment Disputes
• Non-Compete Agreements
• Property sell and purchasing
• Mergers and Acquisitions
• Commercial Leasing Disputes
• Insurance Disputes
• Employee Fraud/Embezzlement
• Corporate Partnership Disputes
• Business Torts

Why Companies in Litigation Over 500K Should Conduct Asset Searches

When facing corporate litigation in excess of $500K, the decision makers of the corporation must take into consideration the cost of legal representation and other potential liability. If the defendant has assets, an evaluation of those assets, along with deliberating litigation costs are worthwhile.

A comprehensive asset search can quickly identify and locate a property that can be attached to satisfy a judgment or be used as a powerful negotiation tool between the parties prior to ever initiating a lawsuit.

Indianapolis private investigator Thomas Lauth, the owner of Lauth Investigations, recommends any corporation weighing the pros and cons of pursuing litigation that may result in a judgment in excess of $500K, should first have an all-inclusive asset search conducted to determine if a judgment can be collected.

Private investigators and investigative firms have the capability of assisting a corporation prior to initiating litigation by reviewing financial records, trace and discover fiscal misrepresentations, confirm accurate financial information and locate hidden assets enabling corporate representatives to make an informed decision whether to pursue litigation. If litigation is pursued, it becomes paramount to ensure the information collected is comprehensive and presented in an understandable and simplified form that will be admissible in court.

The Role of In-House Corporate Attorneys

Corporate lawyers typically have experience and knowledge in licensing, contract and tax law, corporate structure, zoning, security law, accounting, intellectual rights, bankruptcy and any other laws specific to the companies they represent.

An in-house corporate attorney advises corporations on the entity’s legal rights, duties, and responsibilities of the corporate officers, along with providing legal oversight on all commercial transactions and contracts.

Corporate attorneys act more as facilitators and negotiators in the role of corporate transactions, reviewing and drafting documents, structuring deals and attending meetings. A corporate attorney’s duties can vary from acting in an advisory capacity to negotiating corporate mergers and acquisitions.

The Role of an Outside Civil Litigation Attorney

An in-house corporate attorney, who primarily acts in an advisory and negotiation capacity, may determine that civil litigation is the only way to remedy a dispute.

A civil attorney deals specifically with disputes between corporations and /or individuals and is a branch of law focused on representing those whose compensation may be awarded. Civil litigation typically focuses on contracts, torts, and other disputes as mentioned above.

Civil law differs from other types of law and designed to ensure agreements and settle disputes are honored; in essence, to ‘right a wrong’ and ensure the victim is compensated.

In any type of case it is important for a corporation or attorney to conduct due diligence on the potential defendant before expending money and time in pursuing a claim that may never be repaid because the defendant has no assets, has minimized or successfully hidden assets.

The Role of Creditor Rights Attorney

Creditor Rights Attorneys represent creditors who are attempting to collect money borrowed and loans not repaid. Normally, the Fair Collections Practices Act protects debtors, yet it is still necessary for the creditor to make every attempt to obtain a judgment requiring the debtor to repay the loan. Debt falls into two categories; secured and unsecured.

Secured debt is a loan secured with collateral, meaning some type of property to ensure repayment, should the debtor fail to make payments. An unsecured loan is debt that has no property or collateral to secure the loan, therefore if the debtor defaults and the creditor must take alternative measures to collect the amounts owed.

Any repossession of secured personal property must follow State Uniform Commercial Code (UCC). Creditor Rights Attorneys assist creditors with creditor litigation, liens, domestic and foreign judgments, garnishments, and collection services.

Types of Services That Can Assist Corporations and Attorneys in Due Diligence Asset Searches

Asset search companies and licensed private investigative firms that specialize in providing comprehensive asset searches can provide invaluable assistance to attorneys and corporations such as financial institutions, debt recovery units, government agencies, and private individuals in recovering assets.

Corporate Summaries identify corporate EIN, DUNS, estimated sales, and income; to include the number of employees, operating locations, employee profiles and structure of the potential target corporation.

• Identify names of officers, directors, and management teams of potential target corporations.
• Identify potential target corporation’s clientele, nature of business and volume of business with each clientele.
• Identify potential target corporation’s vendors, suppliers, logistics and financial institutions.
• Credit and payment analysis for 12-36 months; this includes creditors and debt amounts.
• A search of court records.
• Identify all physical locations of the potential target corporation, tangible assets, and on-site physical confirmation of assets such as machinery and equipment.
• Analyze annual production capacity.
• Identify financial institutions, brokerage firms, and offshore assets.
• Domain names, website traffic and domain’s estimated value.

About the Author: Kym L. Pasqualini is the founder of the Nation’s Missing Children Organization in 1994 and the National Center for Missing Adults in 2000. Kym is a consultant and expert in the field of missing persons and continues to advocate for crime victims utilizing 20 years’ experience working with government officials, law enforcement, advocates, private investigators, and national media.

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At Lauth Investigations International headquartered in Indiana, our Indianapolis private investigators work with national and global corporations and specialize in internal crisis management investigations and business intelligence.

In the corporate world, there is a lot of room for treachery, especially as companies continue to grow globally. Over the years, corporate private investigators have been commonly utilized to perform corporate due diligence such as running background checks on potential hires and business partners. However, in the expanding world of business with too little regulation, corporate private investigators more frequently perform business intelligence investigations in an effort to protect companies by discovering deceptive practices, and performing damage control. Essentially, a corporate private investigator is responsible for identifying risks and adds an additional layer of protection to a company’s financial assets, credibility, and legal integrity.

Along with potential fraud in the corporate arena, many companies are facing government scrutiny. Prior to any corporation responding to a government inquiry, senior executives must begin gathering relevant facts to assess potential liability. Promptly hiring an experienced private investigator can help alleviate the pressure on the leadership of the corporation while the private investigator works in cooperation with the corporate legal team to help expedite findings and develop information sharing agreements that can earn cooperation credits.

Management & executive leaders in the corporate world know prevention is worth its weight in gold. This list of risks is endless so corporations know being proactive and developing strategies that protect the company, involve developing their corporate intelligence programs. Corporate private investigators are highly skilled in internal crisis management investigations and discover everything from employee malingering, employee infidelity, fraud, embezzlement, improper billing, contract fraud, illegal hiring of immigrant workers, divulgence of trade secrets, slanderous employees and competitors, and drug detection and misuse. In addition, private investigators can help corporations prepare for domestic and international mergers, acquisitions, board appointments, and leveraged buyouts.

No Company is Immune

Well-known companies like 3M Company, Hewlett Packard, Walt Disney Company, Allied Defense Group, GlaxoSmithKline, Goldman Sachs Group, and even Halliburton Company can find themselves in the midst of a U.S. Securities and Exchange Commission (SEC) investigation that can result in administrative action or land them in federal court. The SEC is responsible for investigating evidence of violations brought about by tips, complaints, market surveillance activities, and whistleblowers. Typically, violations that can lead to an SEC investigation include:

• Theft of funds or securities
• Insider trading
• Selling unregistered securities
• Omissions or misrepresentation
• Manipulating market prices

During 2010, the federal government brought more Foreign Corrupt Practices Act (FCPA) enforcement actions than any other year. As with SEC investigations, there are many ways companies can take a proactive approach to reduce incidents that have long-lasting and costly effects. The Association of Certified Fraud Examiners (ACFE) issued a 2012 Report to the Nations on Occupational Fraud and Abuse. Compiled from a study of 1,388 cases of occupational fraud that occurred worldwide, the report provides a global view and insight as to the prevalence of fraud and abuse in the workplace.

The Undocumented

According to the Center for Immigration Studies, illegal immigration and high levels of identity theft go hand in hand. In Arizona, 33 percent of all identity theft is job-related. Eight of ten states having the highest incidence of illegal aliens in their total population are among the top ten states in identity theft (Arizona, California, Colorado, Florida, Texas, Nevada, New York, and Georgia).

When illegals come to the United States, they also look for employment and they will commit felonies to do so by using fraudulent documents obtained by identity theft.

The illegally employed send billions of dollars to their families still residing in their home countries instead of spending here in the U.S. and helping to stimulate the economy. For example, those residing in the U.S. transferred $2.8 billion to Mexico during 2008.

Bribery and corruption land U.S. corporations in the chicken coup

The U.S. Immigration and Customs Enforcement (ICE) is the primary and largest investigative agency of the U.S. Department of Homeland Security. ICE is responsible for the criminal and civil enforcement of federal laws that govern border patrol, customs, trade, and immigration. Meat processing plants throughout the country have been frequent targets of immigration officials in an effort to track down undocumented workers. One of the most publicized Immigration and Customs Enforcement raids occurred during 2008 at Columbia Farms, a poultry processing plant located in Greenville, NC. Approximately 330 illegal workers were arrested during the raid. The U.S. Department of Labor was investigating the plant for possible child labor violations following the arrests of the illegal immigrants, including six juveniles.

Tyson Foods, an Arkansas corporation and one of the largest producers of poultry, pork and beef products, has been subject of several allegations of corruption over the years. In 2002, two Tyson executives and four former managers were indicted by a federal grand jury on charges of conspiring to smuggle illegals from Mexico, Guatemala, and Honduras to work at its U.S. poultry plants.

The 2002 indictment connected 15 plants in nine states throughout the country as part of a conspiracy to smuggle at least 140 immigrants to plants located in Tennessee, Mississippi, Missouri, North Carolina, Texas, Alabama, Indiana, Kentucky, and Virginia. In an effort to boost productivity and lower wage cost, Tyson paid $200 for each Mexican illegal delivered to their plants where they were provided false identification so they could work. Investigators presented audio and video surveillance that substantiated the allegations and fined $100 million, Tyson contended a few managers’ acted outside company policy at only 5 of its 57 poultry plants.

Again, in 2004, the SEC and the U.S. Department of Justice fined Tyson $5 million for violations under the Foreign Corrupt Practices Act for bribery of meat packing plant inspectors. Tyson had paid two veterinarian’s wives 30,700 pesos or $2,700 a month for years in order to prevent the veterinary inspectors from creating problems.

More and more we hear stories of companies hiring Human Resources employees who then bribe potential new hires with a bribery fee for employment. For example, an illegal immigrant produces fake identification, such as a work visa or green card and pays the HR employee $300.00 for a job to clean chicken cages.

Weeding out illegal activities in the workplace – Prevention is worth a pound of cure

Incidents of corruption and bribery have become common in the corporate world and more and more companies are hiring private investigators to conduct uncover investigations of those participating in illegal workplace activity. While “companies” do not commit crimes, employees do.

Highly skilled corporate private investigators are joining corporations throughout the country to help prevent human trafficking (including child trafficking), bribery, employee infidelity, MS-13 gang activity, fraud, identity theft, and drug trafficking that has become all too commonplace in various industries.

Clearly, prevention should be a priority within any corporation. Teamwork between corporate executives and corporate private investigators acting as undercover operatives, weed out illegal workplace activities crucial to ensuring crimes are detected and prosecuted.

Indianapolis private investigator Thomas Lauth, owner of Lauth Investigations, specializes in business intelligence and corporate investigations. A twenty-year private detective, Lauth has worked with many corporate clients over the last twenty years to include, Aldi Foods, Sysco, Pepsi, and Dollar General Stores.

“If we respond to concerns immediately and investigate thoroughly, we are able to prevent huge financial losses early on,” says Lauth. “In addition, with due diligence and comprehensive corporate investigations, we are able to assist in strengthening internal controls helping corporations save in the long run.”

About the Author: Kym L. Pasqualini is founder of the National Missing Children Organization in 1994 and the National Center for Missing Adults in 2000. Kym is a consultant and expert in the field of missing persons and continues to advocate for crime victims utilizing 20 years’ experience working with government officials, law enforcement, advocates, private investigators, and national media.

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All too common in today’s headlines are stories involving children who have been abused. While we worry about our children’s safety around strangers, we sometimes fail to take the proper precautions to keep children safe in their own environments. Private investigators specializing in child custody investigations work directly with an attorney to generate a formative case for impeachment. Child custody investigators are trained to investigate and detect child abuse, neglect, substance and alcohol abuse, and other behaviors that may endanger a child. The information gathered by a qualified child custody private investigator about a custodial or non-custodial parent during a legal custody investigation, can uncover behavior that places a child at risk of harm, while also documenting the incidents of concern. This is a critical step to ensuring that the information gathered during the child custody investigation can be presented in court if necessary. During cases of separation and divorce, no corner should be cut when considering the safety of a child, and a qualified private investigator can literally save a child’s life.

Why is it important to utilize a private investigator specializing in child custody investigations? Any separation or divorce is an emotional time during one’s life. At times, the situation can become volatile. While a parent’s first priority should be the child’s safety and emotional stability, it is not uncommon for parents to make false allegations to restrict the other parent’s access to the child. Unfortunately, children commonly become the pawns during a divorce and child custody case. Utilizing a private investigator specializing in custodial investigations can reduce incidents of false accusations, substantiate legitimate allegations, and ensure the child’s well-being is the first priority.

Ideally, a qualified and licensed private investigator is hired to conduct the child custody investigation and work directly with an attorney during the pre-filing phase. The private investigator and the attorney handling the case work together to ensure all concerns are addressed prior to filing the case in court. This also ensures as much information as possible is presented to the court during the initial phase of the child custody case.

Lauth Investigation International recognizes what is at stake during a child custody investigation

Headquartered in Indianapolis, IN, Lauth Investigations International provides private investigation services nationwide. Lauth Investigations also has a Florida private investigator team and a Colorado private investigator team ready to respond when a child’s safety is at risk.

Each of our private investigation teams located in Indianapolis, IN, Denver, CO, and Miami, FL, specialize in the child endangerment cases and can be assigned within 24 hours.

When a child’s life is at risk, we know there is no time to waste.

What happens during a child custody investigation?

A child custody investigator can document critical information during exchanges and visitations to chronicle how the child is treated while in the care of the other parent. Gathering evidence supporting mistreatment or neglect of a child during a legal custody investigation can entail interviewing the other parent, questioning witnesses, and conducting background checks on all parties involved in the child’s care. In addition, an experienced private investigator will conduct an on-site assessment of the child’s home and can determine if the child is being cared for in a suitable environment by evaluating the cleanliness of the home and documenting those who reside in or frequently visit the home.

Also very common is utilizing video surveillance to document the parent’s behavior while the child is in their care, documenting those the parent associates with and who the parent may be exposing the child to, if the parent is participating in any illegal or reckless behavior, and any incidents of abuse such as keeping record of any bruises or injuries. Hiring a licensed child custody investigator ensures the investigation is conducted legally and the quality of evidence gathered can be used in a court of law. If required, the investigator will also provide expert court testimony.

Should I hire a child custody private investigator and what should I be doing?

• In court, judges commonly hear accusations from both sides. At times it becomes very difficult to determine who may be telling the truth and if concerns are warranted. Evidence presented in court by a licensed private investigator provides documented proof of allegations the court must take into consideration when making a ruling in a child custody case. It is especially important to present an accurate representation of a person’s character during any court case and even more important when children’s lives are impacted.
• If you suspect the other parent may be abusing your child emotionally or physically while in their care, it is important to substantiate those concerns. While hiring an investigator can guide and assist you, keeping a journal of any negative events, comments your child makes that are of concern, comments or threats the other parent makes to you, are helpful. Especially important, document any injuries the child has sustained in the care of the other parent by keeping written record and photographs of the injuries. Also, record any medical treatment received by a medical professional.
• If you suspect the other parent may be drinking excessively or involved in substance abuse while caring for the child, a private investigator can document the other parent’s actions by observing their daily activities, document those who come and go at the residence, and detect drug and alcohol abuse.
• If you suspect the other parent is neglectful, participating in any kind of criminal behavior, or associating with individuals who may have a criminal background, it is best to have a private investigator perform a comprehensive background check on the other parent, anyone that resides with the parent or has interaction with your child. It is important to keep in mind, most incidents of child abuse and child death, occur within the home of the child and injuries inflicted by those trusted to care for the child.
• If you are not certain who the other parent is associating with, a private investigator can conduct surveillance to document who is coming and going at the home, even documenting license plates to determine the identity of individuals permitted to be in close proximity or care for your child.
• If you are concerned about how a child custody investigation may affect your child, it is important to know professional private investigators are highly trained in child custody investigations to utilize investigative methods that minimize exposure of the child to the investigation. In fact, most investigations can be conducted without the child ever knowing, as the investigator is there to protect the child and serve in their best interest.

When children’s safety is in question, it is always best to be safe than sorry. If no questionable behavior is uncovered, everyone can feel secure knowing the child is in safe hands with two loving and responsible parents.

Our Indiana private investigators, along with our Colorado private investigator team, and Florida private investigator team, welcome any questions you may have. Please feel free to call us for a “no cost”consultation.

About the Author: Kym L. Pasqualini is founder of the Nation’s Missing Children Organization in 1994 and the National Center for Missing Adults in 2000. Kym is an expert in the field of missing persons and continues to advocate for crime victims utilizing 20 years’ experience working with government officials, law enforcement, advocates, private investigators, and national media.

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