SOUTHERN CALIFORNIA PRIVATE INVESTIGATOR

California PI Industry is on life-support and here comes CALI with legislation that will pull the plug!

2009-07-07T05:21:00.000-07:00

For those that aren't in the Private Investigation industry, you probably didn't know that since the economic downturn, recession, bust, or whatever politically correct term you want to call it happened, the industry has indeed been on life support. Most Private Investigators would like to hide that fact behind their public service retirement and other pensions that have kept them afloat throughout this crisis! The California Association of Licensed Investigators (CALI) is trying to kill the Private Investigation industry and SB202 is a way for them to pull the plug!

In comparison to other industries, the PI industry is fueled by a booming economy and is stagnant at best during a bust economy. I only say this because it is true. Money used to pay for Private Investigations is not top-of-mind when the prospective client's priorities are:

a) To keep their job or in some cases to find a job (Unemployment is horrendous in California with 9.3% of the state being jobless.)1

b) Negotiating with their lender or finding someone to negotiate with their lender on their behalf so they don't become part of the population who have been foreclosed on in California (Foreclosures were up 54% in January of this year)2

c) Saving their money since they don't know if they are going to have their job tomorrow (Most of these concerns are brought about by the government bailouts, stores closing,i.e. Mervyns, Gottschalks, etc.)

And there are more worries for consumers out there. CALI is again trying to shove this legislation down the throat of all PI's in California, most of which don't want this legislation.

What is SB 202?

SB 202 is a third attempt by CALI to force California Licensed Investigators who are already hurting, some working part-time and even full-time jobs to make the bills to also find time in their busy schedule to go to mandated unnecessary continuing education training. This may not sound like a lot but their concern is that the Private Investigation industry isn't regulated enough. They think that California Private Investigators need training in ethics and other upcoming legislation and we should be mandated to pay CE providers (special interest groups) who may or may not have any Private Investigation or legal experience to provide this legal update and ethics training. Meanwhile, the lobbying efforts of CALI, again without the consent of all Private Investigators in the state of California are lying to California legislators about whether the PI industry in California even wants or needs this legislation.

Why would CALI want to kill the California Private Investigation Industry?

CALI has had an unusual number of members that have dropped their membership in the past few years including the author of this article. This has been in opposition to CALI trying to put unnecessary legislation through to force Private Investigators to attend mandated annual continuing education training. CALI has also mentioned their interest in being a CE provider.

If you are ever to go to a CALI meeting or conference, both events have received a decreased number of members in attendance in comparison to the years when they weren't lobbying for this harmful legislation. In addition, when you attend, you basically attend a 2-3 hour-long or 2 to 3 day infomercial where someone is trying to sell their product, service or book.

CALI can see that their membership is down and they know that SB202 will put a spike through the heart of the PI industry. This legislation is unnecessary and will finally put the Private Investigation industry down for the count.

By the way, the legislators never asked how Private Investigators have gotten these legal updates in the past. If they did ask, they would know that PICA and even CALI have sent these through the listserve to Private Investigators while other Private Investigators get their legal updates the old fashioned way, they keep up through research and reading legal journals.

There is a shining light of hope coming from one growing Private Investigation association that I am still a part of and they oppose SB 202. That organization is the Professional Investig at ors of California (PICA). This is an organization that listens to its membership unlike CALI and was created for the Private Investigator and by the Private Investigator. In this rough economy, they understand that Private Investigators are hurting financially which is why, on their website, they are offering membership this year for only $99.

I urge all Private Investigators, Attorneys and consumers who understand the plight of the Private Investigator from reading this blog to contact your local legislator and tell them how bad SB 202 will be for the Private Investigation industry which essentially is on life support. SB 202 is bad unnecessary legislation and it will pull the plug on the Private Investigation industry which is already barely alive and on life support.

For more information on opposition to SB 202, please go to: Opposition to SB 202

1 http://money.cnn.com/2009/01/23/news/economy/california_jobs.reut/
2 http://money.cnn.com/2008/02/26/real_estate/foreclosures_rise_again/index.htm

Borescopes! What are Borescopes? Who uses them

2009-07-06T06:14:00.000-07:00

Borescope Technical Definition

Borescopes are rigid or flexible tubes that give visual access to difficult to see areas. A borescope has a lens for viewing at the top of the tube and an ocular lens, which mirrors light and instantly sends back visuals to the eyepiece. Borescopes can be fitted with cameras to capture visual data for review.

Borescope Normal Definition

Borescopes are devices which are made up rigid flexible tubing and made to see into hard-to-reach areas. Some models of Borescopes can be fitted with cameras to capture the view for further review.

Who Uses a Borescope?

Automotive and airplane mechanics frequently use borescopes

to look at small parts of cars or aircrafts that are not otherwise visible without taking them apart. Since disassembling a piece of a plane or car can create more problems, borescope usage cuts out this step and diagnoses problems or determines the soundness of a particular part. Use of borescopes is particularly important for airplane mechanics, because there are many rules and requirements for safety and soundness that must be met before a plane can leave the ground.

Borescopes fitted with cameras are used in search and rescue operations. Without having to enter a dangerous area, like a caved-in mine or a well of unknown depth, rescuers can use a borescope to gain information about survivors, as well as data that determines how a rescue operation should precede. The scope gives precise measurements and can define any potential hazards in entering an area to retrieve someone or something.

In an unknown environment, a borescope's flexible tubes come in handy to negotiate any curves or changes in direction. The flexibility of the tubes can sometimes reduce the quality of images obtained. In known areas, like the inside of an engine, mechanics prefer rigid tubes because images are better, making diagnostics easier.

When choosing a borescope, both size and pixilation are important considerations. Anything under 10,000 pixels should not be considered. The norm for flexible borescopes is 15,000 to 24,000 pixels.

Size is of special consideration when selecting rigid borescopes. Objective lenses are classified by type. There are three kinds: achromatic doublets, Hopkins rods and gradient index lenses. If a borescope needs to be especially small in circumference, gradient index lenses are the best choice. Hopkins rods work well for medium spaces, and achromatic lenses are generally chosen for the largest spaces.

Small, medium and large are relative terms. A large space, for example, would measure over .18 inches (4 mm) in diameter -- so it's easy to see that borescopes are really quite small. Flexible search and rescue borescopes might have a diameter of about an inch (2.54 cm).

Borescopes in their varied applications can supply us with information that is either mundane or of supreme importance. When borescopes detect a problem with an automobile or airplane, they are instrumental in saving lives. Used in search and rescue operations, borescopes can significantly improve the chance of helping trapped and possibly injured people. This tiny invention, then, exponentially increases the quality of our lives.

Excerpts above taken from :http://www.wisegeek.com/what-are-borescopes.htm

For more information on sizes of available borescopes or to buy a borescope, go to: Borescopes for sale!

I'm back! Intelligent Ops doesn't need a bail out and isn't going anywhere!

2009-07-06T05:48:00.000-07:00

After a long hiatus from the PI world, I am back! After the economy took a dive, most investigators who weren't retirees on a pension went into various other jobs, i.e. truck driver, sales, advertising, etc. Well, I am one of those PI's that took a full-time job to avoid the economic crunch. Amazingly, our online store has been selling products like mad while there has been a slow trickle of business coming down the pipe.

I know, you are probably wondering, what did you do for a full-time job, right? Well, I went into radio advertising and I am still involved in the marketing and advertising of businesses. What I found through working for mainstream media is:

(1) It is a dog eat dog world and if you are in ad sales, you are fighting for scraps at this point in your career!

and

(2) It is a whole lot of damn fun! Probably the most fun I have ever had at a job since I was a cop!

No worries though, my fellow clients, potential clients and online sales customers, Intelligent Ops is in it for the long haul. We have just embarked on a new media marketing and PR campaign that will provide you with the information you need to solve your problems. If there is one thing that I have learned from working in advertising, it is YOU who has a problem and it is ME who needs to solve it. Tell us your problem, let us put together a plan to solve it and you will be our customers for life, even if you never need our services again!

Subscribe to this blog through the main or alternate subscription feeds and I will make it a point to send you a weekly newsletter with educated thoughts, tips and other information which you may find useful when looking for a solution to your problem!

Oh, and by the way, the radio station I worked for during the hiatus is located in Palm Springs and in my humble opinion is the best medium to use for promotion and advertising to the Palm Springs community:

93.7 KCLB Rocks!(Active/Alternative Rock)

U92.7 Blazin' Today's Hottest Music!Rap/R&B

The Eagle 106.9 FM Classic Hits!

KNews Radio Newstalk 970/1140/2=1250

KXPS Team 1010 Fox Sports Talk

1270 AM KFUT La Voz (Mexican Oldies/Talk)

I still sell advertising for all six stations above, so feel free to call me if you are interested in reaching the Palm Springs area and I will set you up with a successful campaign. I can be reached Monday through Friday at: (760) 983-8867. Ask for Ray and tell me where you heard about our stations.

Where has all the customer service gone?

2008-09-05T04:39:00.001-07:00

If you are a consumer or even a small business owner, you buy products from many different companies, either at a physical store location or online. Most companies are all about making the biggest profit they can without raising their prices to an unreasonable amount if at all possible. The easiest way for most to provide their shareholders with the biggest profit is to outsource to other countries.

I know that I am not the first person to deal with other countries customer service skills but why would you outsource to other countries when it degrades your connection with the client? I saw an advertisement while looking through last months issue of Website Magazine for a company in Panama who you can outsource your customer service representation needs. The cost for their service: $10 an hour, no social security, no medicare, no workers compensation. For $240 a day, you can have someone in another country who has no clue what the customs and courtesies are in America answer your phones and save your shareholders money but at what cost?

Some of you may be like me and are fed up with calling for assistance for a product and getting someone with a thick accent. When you outsource to other countries, you put your shareholders first and your customers second. Outsourcing may save you money but it also takes away American jobs and makes your customers angry. Your repeat customers will look elsewhere for their products and you will eventually lose business.

Here is a foamy cartoon that satirizes outsourcing of a computer companies technical support:

If you have a business and you are hiring customer service representatives in another country, you are shortchanging your customers. There are many jobs that require people to speak where you can understand them and customer service is one of them. You wouldn't hire someone with a thick, barely understood accent to do a keynote address or to conduct a lecture so why would you do it to your customers?

Outsourcing is just wrong and the government should place restrictions on these countries who are reaching across our borders and stealing our jobs out from under us. Stopping the outsourcing of American jobs starts with the small business owner and ends with big business following suit.

I hear people complaining in my small town of Yucca Valley about Super Wal-Mart moving in and how it is going to cause a lot of small business owners to close their doors. I have one suggestion for those small business owners, "Stop blaming your unsuccessful navigation of the business market on your competitors." I have been to many small businesses in the area where I live and their customer service skills are deplorable.

Has everyone forgot about the customer? It seems that most businesses have forgotten who pays their bills and personally, I prefer to go with businesses that don't neglect the consumer and add a personal touch to their business. That is why I don't believe for a minute that these small business owners will be put out of business by big box stores. Whether customer service is shipped overseas to India, Panama or Russia, there is one thing to remember, your skills in dealing with your customers coupled with all the usual business stuff is usually what makes or breaks your business.

QuarkXpress 8.0 Review

2008-08-11T08:36:00.000-07:00

QuarkXpress 8 is probably the easiest program I have seen out there for creating publications, ad copy, etc. Quark offers a 60 day evaluation of their product "QuarkXpress 8" and I have to tell you that compared to other publication programs, it is superior, was very easy to use and creates extremely high-quality professional looking publications and ad copy.

QuarkXpress 8 doesn't have lessons like most programs that run you through it or at least the evaluation version doesn't have lessons. It does have a easy to use interface, an index that explains how to do anything you have a question about. Other than the difficulty locating information on how to operate the program, I was able to within 4 to 6 hours, figure out how to create a high quality cover page for Criminal Defense Magazine, our new free magazine and now it takes me approximately 1 to 2 hours to design each page. In essence, you could design a magazine within 2 to 3 weeks by using this program and publish it for a reasonable fee. The profit you make from writing the book could be used to purchase the full version which costs $800.

That is very expensive for most software but nominal for software like this one that does it all including HTML and other publications. The upside to this software is that all you have to do is find a printing press that will print out your finished project which is saved in .pdf and you have your finished product There really is no downside to this software as I really like everything about it, it's easy to learn and I am putting away money from the advertising going into the first magazine to go towards purchasing the full version.

If you are looking for software to publish your book, magazine or other periodical, this is the program to use and if nothing else, download the 60 day evaluation and try to put it to work for your business or organization.

*Intelligent Ops International, Inc., it's subsidiaries or principals are not being paid by Quark to write this article nor do they receive any type of compensation from Quark for reviewing this product.

If you have a product that you would like us to review, contact us at http://www.Intelligentops.com.

Free Criminal Defense Magazine

2008-08-10T09:06:00.000-07:00

I can't explain to you all how excited I am about this magazine. This magazine has been in the works for over a year now and I have researched every angle to make sure that it is a success. I really hope that if you haven't already subscribed to CDM (Criminal Defense Magazine) that you subscribe now. Advertisers are paying for this publication and I refuse to rent or sell your subscriber information. Any other concerns? Why else wouldn't you want a free publication?

Criminal Defense Magazine is the one full color magazine to focus exclusively on the business of criminal defense: new legal updates, tips for increasing success in the courtroom, solutions for enhancing your legal business, the latest criminal defense industry trends and statistics, as well as news analysis on the Criminal Defense arena.

We are currently looking for article submissions and advertisers for the fall issue of Criminal Defense Magazine which will be sent out in print and available online in November 2008. This will be the first issue of Criminal Defense Magazine and we anticipate providing this magazine to 100,000+ criminal defense professionals nationwide. We encourage you to subscribe to get updates online and in print from Criminal Defense Magazine, to advertise to our qualified audience of criminal defense professionals, and to contribute your comments and suggestions for future stories.

Unfortunately or fortunately, the success of this magazine depends on circulation. For me to sell this idea to advertisers, it would be much easier if I was pretty close to the number of 100,000 for subscribers. Especially since the magazine is paid for by advertisers and will arrive at your mailing address free of charge.
Tell everyone that you know who works in criminal defense to subscribe and the website is easy to remember, www. criminaldefensemagazine.com.

For more information, or to subscribeClick Here!

We look forward to serving you,

Raymond A.
Miller, Editor-in-Chief
CDM (CRIMINAL DEFENSE MAGAZINE)
a subsidiary of
Intelligent Ops International, Inc.

Pretexting! Is it legal?

2008-07-21T10:42:00.000-07:00

Before you read the article below, I would like you to understand that the general consensus is that law is not black and white but contains many shades of gray. Laws are open to interpretation by the judge and sometimes the jury, but who really wants to be the test case.

While I want everyone who reads this to make their own decision and conduct their own research regarding the issue of pretexting, the thing that I would like you to keep in mind is what is said in Francie Koehlers interview below as I believe that her reply is the most reasonable and the most applicable. After all, if a PI lost the ability to pretext then investigations would be near impossible. Imagine if law enforcement lost the ability to pretext as well as PI's. How would you get your client's stuff back from con artists, how would you locate missing persons, how would you conduct a quality investigation if you weren't allowed to pretext? .

The article below is a discussion of pretexting in reference to Attorney John Caragozian's letter and it is this letter that caused this discussion. The letter below was taken from the following link:

http://www.privacyrights.org/ar/PIs-Caragozian.htm

Private Investigators in California:
Analysis of the PIA and Case Law

[The response to this article by the California Association of Licensed Investigators, July 2006 is posted below along with my follow-up]

Lawyers often engage private investigators for sensitive assignments, such as conducting surveillance, obtaining admissions, and finding assets. Many lawyers do not know how investigators perform their work; other lawyers do not want to know. However, ignorance may not be bliss for California lawyers and investigators. In fact, it can be dangerous. An investigation that involves deception--even if the investigator has avoided perpetrating an outright lie--may jeopardize an investigator's license. Further, if the investigation invades someone's privacy or is otherwise tortious, both the investigator and the person hiring the investigator may face civil liability. Finally, criminal penalties exist for unlicensed investigators and persons who knowingly hire them.

California's Private Investigator Act (“PIA”)(1) prohibits private investigators from committing "any act constituting dishonesty or fraud."(2)The court of appeal in Wayne v. Bureau of Private Investigators and Adjusters(3) broadly applied this prohibition. In Wayne, an investigator retained by the defendants' insurance companies visited accident victims at home and misled them about who had retained him. The investigator never lied but did not identify his principals. The court of appeal upheld suspension of the investigator's license:

[T]he [investigator] in this case did not act entirely in good faith with the persons he interviewed....[H]e knew the interviewees wanted...to know whom he represented, he knew that he did not tell the interviewees the whole truth about whom in fact he represented, and further he knew from what he told the interviewees that they were mistakenly of the belief that in some capacity or way he was connected or associated with those whose interests were with the interviewees. There was a want of full probity or fairness in the transactions. The [investigator] was acting...to the end that he would gain a benefit to himself and those companies...he represented to the disadvantage of the interviewees or [their] insurance carriers....It was not a simple or casual omission to tell the exact and whole truth on a single occasion, but...was a studied course deliberately to mislead the unwary and by telling part truths thereby to deceive the interviewees into believing that [the investigator] in some respect represented their agents or principals.

There was a disposition to deceive, betray, and mislead the interviewees. In other words, there was a lack of complete integrity.(4)

Wayne does not define the PIA's prohibition narrowly or technically. Rather, "dishonesty may very well be something less than criminality," and "fraud embraces multifarious means whereby one person gains advantage over another.... " Thus, "the conduct complained of constituted dishonesty or fraud...."(5)

Wayne's interpretation of the PIA's "dishonesty or fraud" language has been repeatedly cited by California courts.(6) While investigators may argue that "in pursuing their business [they] must necessarily resort to tricks and ruses" and that investigators "will get nowhere by the direct approach," such arguments have not been accepted.(7) Likewise, the argument that the "dishonesty or fraud" prohibition applies only to investigators' conduct toward their clients and does not apply to their "dealings with opponent's clients" has been rejected.(8)

The California Supreme Court approved and extended Wayne in Redner v. Workmen's Compensation Appeals Board.(9) A workers' compensation insurance carrier retained an investigator who hired someone to pose as a friend of an injured worker. The purported friend plied the worker with alcohol and then induced the worker to go horseback riding, which the investigator captured on film. The carrier proceeded to offer the film as evidence. The supreme court held that "the [workers' compensation] referee should have refused to rely upon [the film] because the carrier obtained it by fraudulent inducement...." Moreover, according to the court:

[T]he carrier should not profit from its own deceitful conduct. The investigators feigned friendship and concealed their employer's identity.... Nothing in the record so much as suggests that in the absence of the fraudulent inducement [the worker] would have taken the ride. Indeed, the referee found that the carrier fraudulently obtained the film by means of violation of [the worker's] rights....(10)

Further, the Redner court held that victims of investigators may seek damages:

[P]rivate investigators may well make an intrusion in to the individual's right of privacy which would be objectionable or offensive to the reasonable man.... Courts have permitted such an individual to maintain an action for damages against the intruders.(11)

In Noble v. Sears, Roebuck and Company,(12) the court of appeal extended Redner by holding that lawyers retaining an investigator may be liable for at least some of the investigator's torts. In Noble, an investigator was retained by Sears's lawyers who had been defending Sears in an underlying personal injury suit. According to the pleadings, the investigator had "gained admittance to a hospital room where plaintiff was confined" and, "by deception," obtained a witness's address. The plaintiff sued Sears, its lawyers, and the investigator, but the trial court sustained a demurrer to the complaint. Ruling on the plaintiff's appeal of the demurrer, the Noble court held that, under the pleaded facts, "an unreasonably intrusive investigation may violate a plaintiff's right to privacy."(13) Further, Sears and the lawyers may have vicarious liability:

[I]t appears that in California the hirer of a detective agency for either a single investigation or for the protection of property, may be liable for the intentional torts of employees of the private detective agency committed in the course of employment.(14)

Also, under the pleaded facts, Sears and Sears's lawyers may have primary liability for their own "negligent supervision" or "negligent entrustment" of the investigator.(15)

Undercover Investigations

In sum, California case law indicates that:

(1) The PIA prohibits investigators from misrepresenting themselves or their principals--whether the misrepresentation occurs affirmatively or by silence and whether or not an investigator actually lies. Violations of this prohibition my lead to suspension of or other action against the private investigator's license.

(2) Evidence obtained as a result of misrepresentation might be excluded in civil proceedings.

(3) Victims of torts related to misrepresentations may seek damages against investigators.

(4) Victims of intentional torts may seek damages against attorneys or others hiring the investigators.

(5) Victims of negligently supervised or entrusted investigators may seek damages from attorneys or others hiring the investigators.

Indeed, this case law might possibly be read as precluding all undercover investigations--that is, those investigations in which the investigators fail to disclose their true status, pose as someone they are not, and thereby seek to obtain admissions or other evidence. If so, then investigators who conduct undercover investigations--with the possible exception of investigations into certain insurance claims(16)--might be engaging in "dishonesty or fraud" under the PIA.

The breadth of this possibility is significant. The use of investigators in today's business climate may be exemplified by two scenarios. In the first, a business owner experiencing a loss of inventory and suspecting theft by workers retains a private investigator to pose as a worker in order to observe and learn whether employees are indeed involved in theft. The investigator usually avoids telling lies but engages in casual conversations that serve to encourage his or her acceptance by the other workers and elicit approaches by would-be thieves. (For example, the investigator might say, "I could use some extra money," or "How secure is this warehouse?")

In the second, a business suspects that a competitor is misrepresenting itself and hires an investigator to pose as a prospect for the competing business. The investigator, without disclosing his or her true role, asks questions as a means of gathering information about how the competitor is describing its status and activities. For example, an accredited vocational school may want to discover whether an unaccredited vocational school is misleading prospective students by claiming to be accredited. The investigator might say, "I am thinking about your school, but I want to know if it is accredited." By asking this question, the investigator is avoiding a direct lie but is being misleading. The investigator clearly wants to know about the school's accreditation, but he or she wants to be perceived as a real potential student.

In both scenarios, investigators do not disclose that they are investigators and do not reveal who has hired them. Moreover, investigators deliberately mislead others into believing that they are something they are not. Indeed, they are not fellow workers or business prospects. Investigators use the misconceptions about their identity to obtain evidence that most likely would not have been forthcoming if they had disclosed that they were investigators.

If these scenarios portray prohibited conduct, then many investigators and their principals will have difficulty in ferreting out wrongdoing and wrongdoers. On the other hand, if the scenarios portray permitted conduct, then courts may have difficulty in articulating objective standards that allow private investigators to pose as colleagues or prospective customers but not as allies (as in Wayne) or friends (as in Redner). Of course, Wayne also included in-home visits, Redner involved intoxication, and Noble featured a hospital room visit, but the case law did not expressly indicate that, absent these particular facts, the subject investigations would have been permissible.

In addition to the general prohibition of dishonesty or fraud, the PIA provides for denial, suspension, and revocation of an investigator's license for specific types of misconduct. These include: impersonating a law enforcement officer; using a badge; using a uniform, insignia, or identification card "to give an impression" of connection with the government; committing assault, battery, or kidnaping, or using "force or violence without proper justification"; committing any violation of the California Privacy Act,(17) which outlaws secret wiretapping, eavesdropping, and recording; "using illegal means" in debt collection; or accepting employment "adverse to a client or former client" relating to a matter about which the investigator obtained "confidential information."(18)

Protections and Risks

While the PIA does not expressly confer privileges or immunities on private investigators, the Civil Code accords every person a qualified privilege against some tort liability if his or her conduct consisted of a communication "to a person interested therein..." who "requested...the information"(19) and an absolute privilege if the conduct was in a "judicial...or...other proceeding authorized by law."(20) However, no reported case has held that investigators have any greater claim to these privileges than other persons.

Accordingly, investigators may be liable for torts such as fraud, trespass, invasion of privacy, battery, and false imprisonment. Likewise, investigators may be liable for violating statutes such as the Uniform Trade Secrets Act.(21) Other persons may be vicariously liable for any of this wrongdoing by retaining an investigator, especially if the investigator had advertised his or her capabilities for working undercover. The advertising may impute notice to the hirers of the investigator of potential Wayne-type problems.

Also, no per se private investigator-client privilege or private investigator work product doctrine has been held to exist. The PIA does provide that, in the absence of a client's consent, an investigator "shall not divulge..., except as he or she may be required by law..., any information acquired..." (though "criminal offense" information "may" be divulged to law enforcement officers).(22) Thus, investigators have a duty of confidentiality, but the case law expressly leaves open the question of whether this duty creates any corresponding privilege against discovery.(23) Nevertheless, investigators must allow relevant discovery of the identity of their clients.(24)

Without the certainty of a privilege, private investigators face the possibility that their work product and communications with clients might be discoverable. Investigators are not entirely vulnerable in this area, however. There are two grounds for objection to discovery that investigators may be able to utilize. First, an investigator (or the investigator's client) may assert a constitutional privacy objection.(25)

Second, while investigators might not have their own protections, investigators retained by lawyers might avail themselves of the lawyers' protections. Investigators retained by lawyers in litigation may assert the attorney work product doctrine to prevent disclosure of the lawyer's or the investigator's "impressions, conclusions, opinions, or...theories."(26) Similarly, communications between a lawyer's client and an investigator who is the lawyer's agent may be protected by the lawyer-client privilege.(27)

Lawyers retaining investigators face their own set of prohibitions and risks. For example, a lawyer may not compensate an investigator by "directly or indirectly" sharing fees from the lawyer's client.(28) Also, lawyers must be careful not to violate Rule 2-100 of the California Rules of Professional Conduct, which prohibits a lawyer from "directly or indirectly" communicating "about the subject of the representation" with a party represented by another lawyer. A violation of Rule 2-100 can occur if a lawyer engages an investigator to communicate with a party that the lawyer knows to be represented by another lawyer.

In Jorgensen v. Taco Bell Corporation,(29) the court of appeal found no violation of Rule 2-100 when a prospective plaintiff's lawyer retained an investigator to interview a corporation's employees seven months before the plaintiff sued the corporation. The court expressly rejected the corporation's argument that the lawyer "should have known" that the corporation "would be represented" or had "house counsel."(30) However, the Jorgensen court implied that a closer question would be presented if the investigator had conducted the interviews "on the eve of the filing of the lawsuit" and that a lawyer would violate Rule 2-100 if the lawyer hired an investigator to communicate with a represented adversary or represented witness after filing suit.(31)

Lawyers who violate Rule 2-100 face sanctions by the trial court, including disqualification from any role in the lawsuit at issue.(32) These sanctions are in addition to any disciplinary actions that the State Bar of California may take.(33) However, a Rule 2-100 violation does not give rise to a civil action for damages.(34)

Given these proscriptions, investigators and their principals may wonder if any private investigation is lawful. In California, at least five investigatory activities generally are permissible:

(1) Overt investigations, in which investigators identify their roles and principals and do not otherwise mislead or deceive anyone.

(2) Public records searches.(35)

(3) Physical observations, measurements, and the like.

(4) Protection of a person, if it is "incidental" to an investigation and if the investigator complies with the PIA's firearms and insurance requirements.(36)

(5) Surveillance, even if covert, provided that investigators do not trespass or invade privacy.

The privacy proviso bears careful study, because California has common law,(37) constitutional,(38) and statutory protections against the invasion of privacy. The statutory protections are numerous and scattered, ranging from an antipaparazzi law (banning certain photography of "personal or familial activity")(39) and an antistalking law(40) to a ban on the use of a "telescope, binoculars, camera,...or camcorder" to view the interior of a "bedroom, bathroom,...or the interior of any other area in which the occupant has a reasonable expectation of privacy."(41) To complicate matters further, federal privacy statutes also exist.(42)

Licensing Issues and Exempt Persons

Under the PIA, a private investigator is any person:

(a) [W]ho, for any consideration...whatsoever engages in business or accepts employment to furnish, or agrees to make, or makes, any investigation for the purpose of obtaining, information with reference to:....

(b) The identity, habits, conduct, business, occupation, honesty,... knowledge,... whereabouts,... associations,... acts, reputation, or character of any person.

(c) The location...of lost or stolen property.

(d) The cause or responsibility for fires, libels, losses, accidents, or damage or injury....

(e) Securing evidence to be used before any court....(43)

Private investigators must be licensed by the Bureau of Security and Investigative Services (“BSIS”), which is part of the Department of Consumer Affairs.(44) To obtain a license, an investigator must submit an application, pay a fee, possess certain experience requirements, and pass an examination--and once the license is granted, it must be renewed periodically.(45)

Unlicensed persons (not including those considered exempt under the PIA) who represent themselves as licensed or act as private investigators are committing a misdemeanor and may be jailed for up to one year and fined $5,000.(46) In addition, anyone--presumably including a lawyer--who "knowingly" engages an unlicensed investigator or who conspires to have an unlicensed person operate as an investigator also commits a misdemeanor with the same penalties.(47) Public prosecutors may seek civil remedies against unlicensed investigators, their coconspirators, and anyone who knowingly engages such investigators. The civil remedies include an injunction (for which prosecutors need not "show lack of adequate remedy at law or irreparable injury"), a civil fine of up to $10,000, and reimbursement of BSIS investigation expenses.(48)

The PIA does not contain a private right of action for licensing violations. However, private parties might have at least three indirect remedies. First, a licensing violation would be an "unlawful...business act or practice" under the Unfair Competition Law, which generally affords private parties equitable relief, including an injunction and, if appropriate, restitution.(49) Second, an aggrieved litigant might move to exclude evidence gathered by an unlicensed investigator.(50) Third, a person who contracts with an unlicensed investigator might seek to avoid paying the investigator's fees on the ground that the contract is illegal.(51)

May a licensed investigator employ or contract with unlicensed persons to perform investigative tasks? The answer appears to be a qualified yes. Under the PIA, a licensee may be an individual, partnership, corporation, or other business.(52) If the licensee is a partnership, corporation, or other business, it must designate a licensed "manager," under whose "direction, control, charge, or management the business...is operated."(53) The individual or manager licensee is "legally responsible for the good conduct...of his or her employees or agents...,"(54) and only the licensee, manager, or other person authorized by them may submit a "written report...to a client."(55) Also, employees (though, apparently, not agents) of licensed investigators may provide the "incidental" personal protection.(56)

The PIA exempts several classes of persons from its purview, including its licensing requirement. Among those for whom the PIA does not apply are:

Employees "employed exclusively and regularly" by an employer "in connection with the affairs of such employer." While this exemption requires the unlicensed, in-house investigator to be a W-2 employee, no court has interpreted the "affairs of such employer" language. Is the unlicensed employee limited, say, to investigations on the employer's premises or relating to the employer's suppliers, customers, or other employees? Or may the unlicensed employee also visit the employer's competitors and investigate their businesses? May the unlicensed employee investigate prospective employees or potential competitors? No reported case law has addressed these questions.
Peace officers who are "off duty" and privately employed (unless they carry firearms).
Lawyers. No case law indicates whether lawyers' employees also are exempt.
Insurance carriers, agents, brokers, and adjusters.
Banks, savings associations, secured creditors seeking repossession, and credit-reporting agencies.
Persons obtaining information solely from public records.
Process servers.(57)

Beyond the statutory exemptions, some case law holds that at least some experts, consultants, and others performing investigative work also need not be licensed. However, these decisions are neither recent nor fully developed.

In Kennard v. Rosenberg,(58) two licensed chemical engineers and a retired city fire inspector sued Nate Rosenberg to collect their professional fees. Rosenberg had been indicted for arson of his nightclub. His lawyer retained the fire inspector after the inspector had stated that he was not licensed and "acted only in the capacity of consultant or an expert." The lawyer also retained the engineers who conducted tests, examined photographs, prepared court exhibits, and--along with the inspector--attended the preliminary hearing and consulted with the lawyer. Rosenberg's defense for not paying the three was that the PIA required them to be licensed as private investigators. The trial court rejected this defense, and the court of appeal affirmed. The appellate court, announcing that "none of the [three experts/consultants] were engaged in the private detective business," reasoned that the engineers were licensed engineers and thus "were authorized to make investigations in connection with that profession...." Moreover, the court continued:

[T]he private detective license law was not intended...to place a limitation on the right of professional engineers to make chemical tests...and to testify.... A physician, geologist, accountant, engineer, surveyor or a handwriting expert, undoubtedly, may lawfully testify in court in connection with his findings without first procuring a license as a private detective, and...a photographer may be employed to take photographs of damaged premises for use in the court without procuring such a license.(59)

Thus, experts--particularly in recognized, forensic disciplines--may be retained to investigate matters in litigation without being licensed as investigators.

In Mason v. Peaslee,(60) Russell Mason, an unlicensed sound engineer, sued his client Margaret Peaslee after she refused to pay his fees. For eighteen years, Mason had taped "meetings..., speeches,...and personal conversations" for corporations, attorneys, individuals, and law enforcement agencies--"in many instances" without the subjects' knowledge. Peaslee requested Mason to install recording devices in her husband's office to determine if the husband was "dishonest and secreting money" or "a sex pervert." Mason did so. The trial court granted a nonsuit on the ground that the contract was illegal, because Mason lacked an investigator's license. The court of appeal reversed, on two grounds. First, the PIA's requirement of a license for persons who "engage" in the investigation business connotes "frequency of action," and the trial court "could not draw the inference that [Mason's] work in recording conversations for others was done in such a manner as to constitute doing business as a private investigator...."(61) Second, the court noted that Mason did not personally "conduct any investigation...." Indeed, according to the court, "Mason...merely furnished to [Peaslee] the devices with which she could carry out her own investigation and...in operating the devices he acted not as an investigator but as one employed by [Peaslee] to render technical aid to her in operating the devices which she had rented from him."(62)

The Mason court seemed to hold that (1) an investigator need not be licensed to conduct a one-time investigation, and (2) merely furnishing and operating surveillance equipment is not an investigation. Mason's holdings, though, appear unsound. For example, if the word "engage" connotes "frequency," then, using the same logic, an unlicensed person could perform dental surgery on one occasion, because dentists' licenses are required only for persons who "engage in the practice of dentistry...."(63) Unsurprisingly, no court has ever cited Mason's interpretation of the PIA, and it would be risky for unlicensed investigators or anyone contemplating retention of an unlicensed investigator to rely on it.

Persons exempt from the PIA (such as in-house investigators) enjoy not only freedom from licensing, but, ironically, perhaps greater latitude than licensed investigators in undercover investigations. To be sure, exempt persons still must avoid torts and statutory violations, but Wayne holds licensed investigators to higher standards. For example, Wayne suggests that the PIA's "dishonesty or fraud" language could--at least in part--encompass silence, does not expressly require that the victims' reliance be reasonable, and does not mention damages. By contrast, actionable fraud excludes misrepresentations by silence except in limited circumstances,(64) requires that the reliance be reasonable,(65) and requires actual damages.(66) Thus, in Wayne, as well as in the typical types of scenarios in which businesses use undercover investigations, exempt persons might have been able to conduct the investigations, even if licensed investigators could not. In sum, exempt persons might be able to investigate in ways that avoid tort or statutory liability, but licensed investigators must also reckon with Wayne.(67)

In the celebrated 1939 novel and 1946 movie The Big Sleep, Los Angeles private detective Philip Marlowe was retained by General Guy Sternwood to investigate Arthur Geiger, after Geiger had requested payment of some suspect promissory notes. Marlowe's investigation included two visits to Geiger's book shop on Hollywood Boulevard. On the first visit, Marlowe pretended to be interested in buying books; on the second, he pretended to have a book to sell. In neither visit did Marlowe disclose that he was an investigator or that General Sternwood had retained him. Under Wayne and its progeny, Marlowe might well have violated the PIA and risked BSIS discipline and civil liability. The fictional Philip Marlowe could ignore such risks. Nonfictional investigators and lawyers cannot.

Endnotes:

1 Bus. & Prof. Code §§7512-73.
2 Bus. & Prof. Code §7538(b). See also Bus. & Prof. Code §7561.4.
3 Wayne v. Bureau of Private Investigators & Adjusters, 201 Cal. App. 2d 427 (1962). 4 Id. at 437.
5 Id. See also Taylor v. Bureau of Private Investigators & Adjusters, 128 Cal. App. 2d 219, 227-28 (1954) (upholding the bureau's suspension of a license after an investigator truthfully said he was an investigator but lied about who had retained him).
6 See, e.g., Chodur v. Edmonds, 174 Cal. App. 3d 565, 570 (1985).
7 See Taylor, 128 Cal. App. 2d at 227. See also Wayne, 201 Cal. App. 2d at 437-38 (An investigator's admission that, without concealing information from interviewees, "undoubtedly he would have had to return to his office with no statements" is evidence of fraud.).
8 Taylor, 128 Cal. App. 2d at 227-28.
9 Redner v. Workmen's Comp. Appeals Bd., 5 Cal. 3d 83 (1971).
10 Id. at 93-94.
11 Id. at 94 n.13 (citations omitted).
12 Noble v. Sears, Roebuck & Co., 33 Cal. App. 3d 654 (1973).
13 Id. at 660.
14 Id. at 663 (footnote omitted). Noble expressly leaves open the question of whether the "hirer" could be liable for an investigator's "negligent torts." Id. at 663 n.8.
15 Id. at 663-64.
16 See the Insurance Information and Privacy Protection Act, Ins. Code §§791-791.27. The act allows "pretext interviews" (meaning interviewers pretend "to be someone [they are] not," misrepresent their principals' identities, misrepresent the interview's "true purpose," or refuse to identify themselves) to investigate insurance claims "where there is a reasonable basis for suspecting criminal activity, fraud,...or material non-disclosure...." Ins. Code §§791.02(u), 791.03. No reported decisions have considered this language, much less opined whether or how it applies to private investigators.
17 Penal Code §§630-637.9.
18 Bus. & Prof. Code §§7539(d), (e), 7561.1(e), (h), (m), 7561.4(b), (d). See also Penal Code §§631, 632.
19 Civ. Code §47(3).
20 Civ. Code §47(2). How closely related the conduct must be to the proceedings has been the subject of substantial case law. See, e.g., Knoell v. Petrovich, 76 Cal. App. 4th 164 (1999); Rosenthal v. Irell & Manella, 135 Cal. App. 3d 121 (1982).
21 See Civ. Code §§3426-3426.11.
22 Bus. & Prof. Code §7539(a).
23 Flynn v. Superior Court, 57 Cal. App. 4th 990, 993-94 (1997).
24 Id. at 995-96.
25 Cf. Valley Bank of Nev. v. Superior Court, 15 Cal. 3d 652, 658 (1975) (A bank may assert its customers' constitutional privacy rights to prevent discovery of customer records, even absent an Evidence Code privilege.). On the other hand, parties seeking discovery of investigators' records should note that the "personal records" listed in Code of Civil Procedure §1985.3 (which codified Valley Bank of Nevada) do not include investigators' records.
26 See Code Civ. Proc. §2018(c); Fed. R. Civ. P. 26(b)(3). See also Rodriguez v. McDonnell Douglas Corp., 87 Cal. App. 3d 626, 647-48 (1978) (An investigator retained by a defendant's lawyer took notes regarding what a witness stated. The notes would have been discoverable under California law, because they were "nonderivative or noninterpretive." However, the investigator's own "comments about [the witness's] statement" are "protected absolutely from disclosure," and the comments were "so intertwined" with the notes that "all portions...should be held protected...." (emphasis in original)); and O'Connor v. Boeing N. Am., Inc., 216 F.R.D. 640, 652-53 (C.D. Cal. 2003) (A private investigator who interviewed witnesses "on plaintiff's counsel's behalf" was protected by the federal attorney work product doctrine from having to disclose what the witnesses said.).
27 Cf. City & County of S.F. v. Superior Court, 37 Cal. 2d 227, 236 (1951).
28 Cal. Rules of Prof'l Conduct, R. 1-320(A).
29 Jorgensen v. Taco Bell Corp., 50 Cal. App. 4th 1398 (1996).
30 Id. at 1401-02, 1403.
31 Id. at 1402-03.
32 See, e.g., Lewis v. Telephone Employees Credit Union, 87 F. 3d 1537, 1558 (9th Cir. 1996); Mills Land & Water Co. v. Golden West Ref. Co., 186 Cal. App. 3d 116, 133 (1986).
33 See Bus. & Prof. Code §6077.
34 Noble v. Sears, Roebuck & Co., 33 Cal. App. 3d 654, 658 (1973).
35 In obtaining public records, investigators must comport with the Information Practices Act, Civ. Code §§1798-1798.78. The act includes a private right of action against individuals disclosing nonpublic "personal information" from federal or state records. See Civ. Code §1798.53.
36 See Bus. & Prof. Code §7521.5.
37 See, e.g., Briscoe v. Reader's Digest Ass'n, 4 Cal. 3d 429, 533 (1971) (The California Supreme Court expressed concern about, inter alia, "electronic devices with their capacity to destroy an individual's anonymity, intrude upon his most intimate activities, and expose his most personal characteristics....").
38 Cal. Const. art. I, §1. See also Schuman v. Group W Prods., 18 Cal. 4th 200, 231 (1998) (The invasion of constitutional privacy has two elements: "(1) intrusion into a private place, conversation, or matter, (2) in a manner highly offensive to a reasonable person.").
39 Civ. Code §1708.8.
40 Civ. Code §1708.7.
41 Penal Code §647(k).
42 See, e.g., the Electronic Communications Privacy Act, 18 U.S.C. §§2510-22, and the Stored Communications Act, 18 U.S.C. §§2701-11.
43 Bus. & Prof. Code §7521.
44 Bus. & Prof. Code §§7520, 7528.
45 Bus. & Prof. Code §§7525, 7525.1, 7526, 7527, 7541, 7541.1.
46 Bus. & Prof. Code §7523(b).
47 Id.
48 Bus. & Prof. Code §7523.5(a), (c).
49 Bus. & Prof. Code §§17200, 17203.
50 Cf. Peat, Marwick, Mitchell & Co. v. Superior Court, 200 Cal. App. 3d 272, 287 (1988).
51 Cf. Loring & Evans v. Blick, 33 Cal. 2d 603, 607 (1949). But see, e.g., Marshall v. Von Zumwalt, 120 Cal. App. 2d 807, 810 (1953) (ruling in favor of an unlicensed contractor on the ground that "[c]ontracts made in violation of statutes, if not malum in se, are sometimes held valid....").
52 Bus. & Prof. Code §§7512.3, 7520, 7525.1(e).
53 Bus. & Prof. Code §§7512.7, 7525.1(e),(g), (h), 7526, 7527.
54 Bus. & Prof. Code §7531.
55 Bus. & Prof. Code §7539(c).
56 Bus. & Prof. Code §7521.5
57 See Bus. & Prof. Code §7522.
58 Kennard v. Rosenberg, 127 Cal. App. 2d 340 (1954).
59 Id. at 344-45.
60 Mason v. Peaslee, 173 Cal. App. 2d 587 (1959).
61 Id. at 591.
62 Id. at 592.
63 Bus. & Prof. Code §§1625, 1626 (emphasis added).
64 A defendant is liable for silence only when there is (a) a fiduciary relationship giving rise to a duty to disclose, (b) knowledge of material facts to which the plaintiff had no access, or (c) active concealment of material facts. See, e.g., Cooper v. Jevne, 56 Cal. App. 3d 860, 874 (1976); Border v. McClung, 93 Cal. App. 2d 692, 697 (1949); Marine Corp. v. Superior Court, 52 Cal. App. 3d 30, 37 (1975).
65 See, e.g., Wilhelm v. Pray, Price, Williams & Russell, 186 Cal. App. 3d 1324, 1332 (1986).
66 Civ. Code §1709. See also Agnew v. Parks, 172 Cal. App. 2d 756, 768 (1959).
67 Conversely, if the PIA confers a privilege against discovery, then presumably unlicensed persons would not enjoy that privilege. To date, neither the PIA nor case law interpreting the PIA provides licensed investigators with this privilege. See text, infra, and Flynn v. Superior Court, 57 Cal. App. 4th 990, 993-94 (1997).

-------------------------
* Mr. Caragozian is a member of the State Bar Of California and litigates business and privacy matters. He thanks Ms. Lily Nyland for her assistance in the preparation of this article. A slightly different version of this article appeared in the December, 2004, Los Angeles Lawyer.I spoke to Attorney John Caragozian regarding his letter and asked him about it. Here is the summary of our conversation (paraphrased for brevity):

MILLER: Has your position changed from when you wrote the article?

CARAGOZIAN: No.

M: From this article, you are saying that all pretexting is illegal, is that right?

C: What I was trying to say was that private investigators have no special rights to engage in pretexting or lying to get information. If an ordinary citizen would be liable for pretexting/lying, then private investigators and, perhaps, lawyers and others who hire private investigators also may be liable. On the other hand, the BSIS (the California agency which regulates PIs) has been quoted as saying in 2006 that PIs "can pretend to be someone else as long as they're not pretending to be either a police officer or a government official."

M: With what you are saying, I guess I should be very careful about pretexting anymore until I fully understand what is and isn't legal?

C: Well, don't take my word for it, research the different cases listed in my article and do your own research. You could come up with the conclusion that I am right or I am wrong but again don't take my word for it.

M: There was a bill that was being introduced regarding pretexting that the MPAA struck down a couple of years ago, what do you think about that?

C: I wonder if the same decision would have been made if the bill was introduced after the HP (Hewlett Packard) Scandal.

M: I appreciate you taking time out your day to speak with me.

I spoke to Francie Koehler, a CALI past president and current Legislation Chair and asked her about CALI's rebuttal to the Caragozian letter. Here is our conversation (paraphrased for brevity):

MILLER: Can you give me a response to the Caragozian letter?

KOEHLER: Ed McClain, past president of both CALI and NCISS and legislation committee member of both organizations, wrote the following letter to Jenny Bretschnieder. In 2006 Bretschneider was a staff member for then Senator Debra Bowen, author of SB 1666. SB 1666 prohibited pretexting information contained in business records. Attorney John Carogozian published his original article in Los Angeles Lawyer magazine and was used to shear the argument to prohibit pretexting. I believe it capsulizes CALI’s position:

July 5, 2006

Re: 2004 Article On Private Investigators

Dear Ms. Bretschneider:

I am responding to the article you forwarded to Jerry Desmond entitled “Private Investigators in California.” I read this article shortly after it was first published in Los Angeles Lawyer. My recollection is that the article was greeted by considerable derision from the legal community and particularly from attorneys who work with and direct investigators on a frequent basis.

I am concerned that you may have formed an opinion about private investigators based, in whole or in part, on statements made in this article. If that is so, I hope you will take the time to read this message.

During my career, I have lectured about investigation at a number of colleges and more frequently at educational seminars for private investigators and sometimes attorneys. My lectures have been more about what not to do than tips on how to do it. Two of the three primary cases mentioned by the author, Redner v. Workmen’s Compensation Appeals Board and Noble v. Sears, Roebuck and Company, were usually included in my study materials and discussed in some detail.

It is interesting to note that the three main decisions quoted by the author, Wayne, Redner and Noble were rendered in 1962, 1971 and 1973 respectively. Given the many tens of thousands of investigations conducted every year by the 9,813 licensed investigative agencies in California, the paucity of additional and/or more recent case law pertaining to private investigations indicates to me that for the most part, we are doing something right.

In Wayne v. Bureau of Private Investigators and Adjusters, Mr. Wayne had his license lifted, and rightfully so, in my opinion. He sued our governing bureau to try to get his license reinstated. The court struggled to make Mr. Wayne’s actions fit the PI Act and its prohibition against “dishonesty and fraud,” and opined “the term dishonesty seems to be incapable of exact definition or precise limitation because, among other things, of the infinite variety of circumstances which affect the relations and affairs of mankind in our society.”

We could spend a great deal of time discussing this case, but the bottom line of the decision was that narrowly considering the context of what Mr. Wayne did, his actions were dishonest and a violation. The court did not broadly state that any use of subterfuge by an investigator is a violation of the B & P Code.

Taylor v. Bureau of Private Investigators, a 1954 case is cited in the Wayne decision and similarly is about an investigator trying to get his license back. The underlying action involved blatant trespass and bordered on kidnapping and is not representative of the uses of subterfuge in the tens of thousands of cases since 1954.

I do not disagree with the decisions in Wayne, Taylor, Redner and Noble nor do I dispute the author’s recitation of the rules and regulations governing investigators. But the article contains many suppositions and conclusions that are speculative at best.

In my opinion, this article, though reproduced in a respected legal publication, is couched in an alarmist vein from which the uninitiated could infer that there is currently a serious problem. It is one thing to espouse admonishments about not breaking the law or incurring strict liability, but in my opinion the author has leaped to a great many conclusions from which a reader could get the impression that private investigators are committing violations of law with impunity. In direct contradiction of such a premise are the statistics of the Bureau of Security and Investigative Services which verify that annually, complaints against licensed investigators for alleged violations are few and have been for years, Mr. Pellicano’s aberration notwithstanding..

There are, however, a number of instances each year where individuals are exposed as operating without a valid license. Of these violations, 99% are reported to BSIS by the Unlicensed Practices Committee of the California Association of Licensed Investigators, CALI.

The article contains many assumptions and hypotheses which are not based on fact and are prefaced with “may” and “might be” and “may be liable” and “the possibility.” Still, by taking out of context and interjecting select segments of established case law and excerpts from the Business and Professions Code which governs private investigators, the author is able to create an air of authenticity about his article. This impression is aided by his extensive use of footnotes.

Nowhere does the author acknowledge that every year investigators are conducting literally hundreds of thousands of investigations and the evidence obtained is being accepted by the courts, mostly without question. Nowhere in the article does the author mention that while the courts abhor “unreasonably intrusive investigations,” the courts also admonish all parties that they have a duty to investigate and seek the truth and bring the evidence before the court.

To add insult to injury, the author speculates that Phillip Marlowe in the motion picture The Big Sleep, portrayed by my hero Humphrey Bogart, may have violated the B & P Code and been subject to discipline and liability.

As I said in the beginning, I hope that you are not unduly influenced by this article, which in my opinion, conveys a false impression.

My best advice to anyone trying to understand this article would be to follow the author’s final admonishment: “This document should be used as an information source and not as legal advice.” Thank you very much for your attention.

Sincerely,

Eddy L. McClain

KOEHLER: So CALI does not believe that all pretexting is illegal. There has been some legislation enacted making some pretexting activities prohibited by law.

MILLER: Can you give me an example of these activities?

KOEHLER: You are not allowed to pretext the phone company for phone records and you are not allowed to pretext financial institutions for financial records. There are also some pretexting limitations when it comes to conducting workers comp investigations that I am not personally familiar since I do not conduct investigations concerning workers comp.

Regarding telephone records:

California Senate Bill, SB 202, created Penal Code 638.

638. (a) Any person who purchases, sells, offers to purchase or sell, or

conspires to purchase or sell any telephone calling pattern record or list,

without the written consent of the subscriber, or any person who procures

or obtains through fraud or deceit, or attempts to procure or obtain through

fraud or deceit any telephone calling pattern record or list shall be

punished by a fine not exceeding two thousand five hundred dollars

($2,500), or by imprisonment in a county jail not exceeding one year, or

by both a fine and imprisonment. If the person has previously been

convicted of a violation of this section, he or she is punishable by a fine

not exceeding ten thousand dollars ($10,000), or by imprisonment in a

county jail not exceeding one year, or by both a fine and imprisonment.

Federal bill, H. R. 4709 created the Telephone Records and Privacy Act of 2006 Chapter 47 of title 18, United States Code, is amended by inserting “Sec. 1039 and bans pretexting of telephone companies and their customers for “Confidential Phone Records Information.”

Pretexting financial records is prohibited according to the Gramm-Leach-Bliley Act

SEC. 521. PRIVACY PROTECTION FOR CUSTOMER INFORMA

TION OF FINANCIAL INSTITUTIONS.

5 (a) PROHIBITION ON OBTAINING CUSTOMER INFOR-

6 MATION BY FALSE PRETENSES.—It shall be a violation

7 of this subtitle for any person to obtain or attempt to ob-

8 tain, or cause to be disclosed or attempt to cause to be

9 disclosed to any person, customer information of a finan-

10 cial institution relating to another person—

11 (1) by making a false, fictitious, or fraudulent

12 statement or representation to an officer, employee,

13 or agent of a financial institution;

14 (2) by making a false, fictitious, or fraudulent

15 statement or representation to a customer of a fi-

16 nancial institution; or

17 (3) by providing any document to an officer,

18 employee, or agent of a financial institution, know-

19 ing that the document is forged, counterfeit, lost, or

20 stolen, was fraudulently obtained, or contains a

21 false, fictitious, or fraudulent statement or represent-

22 tation.

23 (b) PROHIBITION ON SOLICITATION OF A PERSON TO

24 OBTAIN CUSTOMER INFORMATION FROM FINANCIAL IN-

25STITUTION UNDER FALSE PRETENSES.—It shall be a vio-

F:\FSA99\REPORT\S900CRPT.005

F:\V6\102899\102899.0H6

October 28, 1999

H.L.C.

1 lation of this subtitle to request a person to obtain cus-

2 tomer information of a financial institution, knowing that

3 the person will obtain, or attempt to obtain, the informa-

4 tion from the institution in any manner described in sub

5 section (a).

Further, the Hewlett-Packard case, although touted as pretexting, was actually false personation, or the impersonation of the subscriber who was the owner of the telephone calling record that was accessed. Following the defeat of SB 166 and following the infamous H-P case, SB 328 was introduced with the same language contained in SB 1666. The hearing before the California Assembly Banking & Finance Committee was cancelled at the request of the author June 27, 2007.

MILLER: Has CALI's stance changed from what was put in the rebuttal to the Caragozian letter?

KOEHLER: No, nothing has changed. CALI’s position is that a pretext can still be used in some situations and not used any differently than used by law enforcement personnel. In my opinion, however, a pretext should never include impersonating a specific individual.

This is also from PI BUZZ:

Monday, January 15th, 2007 at 9:23 am

President Bush Signs HR 4709 -Telephone Records and Privacy Act of 2006

President Bush signed H.R. 4709, the “Telephone Records and Privacy Act of 2006″ on Friday, June 12th. This Bill passed the House last April and the Senate on the last of the 109th Congress in December.

In addition - Bryan Wagner, a Colorado “private investigator” formerly in the employ of Action Research Group, was the first “player” in the Hewlett-Packard scandal pled guilty to federal charges. He is expected to testify against others that have or will be charged in connection with obtaining telephone records and computer information. Charges are also pending in the California court.

H.R. 4709 bans pretexting of telephone companies and their customers for “Confidential Phone Records Information.” Chapter 47 of title 18, United States Code, is amended by inserting “Sec. 1039. Fraud and related activity in connection with obtaining confidential phone records on a covered entity.” Key elements in this criminal violation are interstate or foreign commerce, making false statements to a covered entity, its employees, the customer or knowingly providing a false or fraudulent document to the entity or accessing customer accounts via the Internet, or by means of conduct that violate section 1030 of this title, without prior authorization from the customer.

There is a prohibition on the sale and transfer of Confidential Phone Records without prior authorization from the customer. A prohibition also exists in knowingly and intentionally purchasing or receiving (or attempting to do so) such information without prior authorization from the customer or if one has reason to know that such information was fraudulently obtained.

While recognizing that there have been exigent circumstances where accessing telephone toll records by investigators assisted in saving lives, locating abducted persons and recovering stolen property, NCISS still supported H.R. 4709 on the basis that the mood in Congress was to put forth legislation that would have expanded making pretexting illegal in areas other than just obtaining telephone records. The unintended consequences would have outlawed undercover operations in by the private sector; and that is just one example. Our analysis, even prior to the unfavorable publicity generated by the H-P matter, was that if HR 4709 failed to pass in the 109th Congress, in 2007 it would return with additional privacy protections and make the use of pretexting for any reason in a non-law enforcement setting illegal. Such measures could still be introduced in other legislation as the 110th Congress gets underway in 2007.

This week Senator Feinstein introduced two bills that NCISS will be watching very closely, S 238 the Social Security Number Misuse Protection Act and S 239 the Notification of Risk to Personal Data Act of 2007.

Every bill that NCISS took a position against in the Senate and House during the past two- year session of the 109th Congress, failed to be enacted into law. However, we expect our work will be considerably more difficult the next two years with both the Senate and House being controlled by the Democrats.

It is important that NCISS increase its membership and lobbying “war chest.” Any inquiries regarding applications for membership or contributing to the NCISS Legislative Committee Fund may be directed to the contact address below.

Bruce Hulme, NCISS Legislative Director

NCISS
7501 Sparrows Point Blvd.
Baltimore, MD 21219
Tel: 1-800-445-8408
email: nciss@verizon.net
or go to: www.nciss.org

Summary of the above content tells me that pretexting/lying about your identity, your intentions, etc. while in the midst of an investigation will not be cause for losing your license with BSIS as long as you don't claim to be a member of a government agency which is a no-brainer. In addtion, it seems that you won't go to jail over a pretext as long as it doesn't break one of two federal laws regarding pretexting financial institutions for financial information and pretexting phone companies for phone records. The only exception being insurance-related investigations and criminal defense.

It does seem that the government is trying to protect the consumer but at what point will a legislators kneejerk reaction to an incident further restrict the professional PI's ability to perform a legal and ethical investigation? Only time will tell and as long as there are groups like NCISS to protect PI's nationwide, we will always have someone in our corner.

Networking! Why Should I network? What can it do for me? How exactly does it work? (Part 2)

2008-07-13T05:21:00.000-07:00

Here is part 2 on networking and the second week for the SOCALPI newsletter. This week we will discuss what networking can do for you and delve into how exactly networking works.

Networking is probably the best thing that you can do for your business. Networking can be done before work and after work, also during work depending on your occupation or your business structure. The way networking works is real simple but for you to understand why it works, let me tell you what doesn't work!

Sending out business cards or advertising flyers for the most part does not work for most businesses. Most of these items get thrown away but still businesses spend thousands of dollars a month on this type of advertising. This may be an okay method of marketing and advertising for those with a large budget but if you have a smaller budget or want to get more bang for your buck, stay away from this method and try some of the tried and true methods. You may get one to three customers per thousand with this method, which I would say is the equivalent of "send and pray." This method of marketing and advertising plays with the law of averages and it does not do what marketing and advertising should do. Marketing and Advertising should provide a value to the person or entity you are trying to make a business relationship with.

Your goal when marketing and advertising is to provide a value to your product or service. The best way to do that is to meet and speak with someone in person. Did you know that most business meetings don't involve talking about business? The reason most people meet for a business meeting is to discuss business so why isn't business discussed? The reason that business is not discussed at a business meeting is because you and the potential business connection are trying to gain rapport and a connection that creates the 4 things you want in a business relationship. As a matter of fact, the 4 things you want in a business relationship are the same 4 things you use when selling a product or service.

The 4 things you need are talked about in many marketing and advertising books but have now been made into an acronym in an article in the latest free magazine from www.websitemagazine.com. You need to create the AIDA (Awareness, Interest, Desire, Action).

When you meet your potential business connection, you need to create an awareness in your business connection of you, your company and how valuable the relationship would be. You also need to be genuinely interested in whatever topic your connection is talking about. Find commonalities in what you both do, i.e. both are married, both have kids, both are from the same state, both like the same sports team or just the sport itself. You need to create a desire in your connection where he will want to meet with you again, i.e. if your connection is into sports then invite him to attend the next laker game with you, etc. Whatever you find in common with your connection, write that on the back of their business card for future discussions, i.e. how is your wife, Lucy? Did you get that problem straightened out with your son?

The hardest part of the whole meeting and connecting with another business person is creating action which would be that person feeling safe and comfortable enough to do business with you. This is the reason why quite a few business deals are made at the small town cafe or on the racquetball court. The bottom line is this: You have a product or service that your business connection needs but he wants to feel safe enough with you that he will give you his business.

Networking deals primarily with the power of paying it forward. Not every networking contact you make will bear economic fruit. Your connection may bear economic fruit to the other party or someone else and they will remember that when it comes time for one of their business contacts to ask them for a referral. Why look in the phone book when you know there is someone your contact trusts. I have seen this work over and over in my business. I am a true believer in the magic of paying it forward.

Free Marketing and Networking tip: Go to Yahoogroups or Googlegroups and join the various groups that deal with your industry. Create a powerful signature line (Use HTML coding for your website, people are lazy and want to just click on the link) like mine below:

"Raymond A. Miller, CA PI 25445
Intelligent Ops International, Inc.
Now, Selling Products to the Public Safety Industry {CLICK HERE!}
Post Office Box 718
Yucca Valley, CA 92286
1.760.333.6978

Website: http://www.Intelligentops.com
Blog: http://www.socalpi.blogspot.com
Forum: http://www.allbounty.com

THIS IS A CONFIDENTIAL COMMUNICATION. THE INFORMATION COMPILED
HEREIN, ALONG WITH ATTACHMENTS, MAY BE SUBJECT TO ATTORNEY/CLIENT AND
WORK PRODUCT PRIVILEGES. IF YOU ARE NOT THE INTENDED RECIPIENT, PLEASE
CONTACT THE SENDER IMMEDIATELY. ANY MISUSE, DISSEMINATION OR
UNAUTHORIZED DISCLOSURE OF THE CONTENTS HEREIN MAY RESULT IN BOTH
CIVIL AND CRIMINAL PENALTIES."

Every time you see someone post a question about something in your industry, post an educated answer, back it up with case law or citations where you got your answer. This person will see your information (creating an awareness), click on your website (creating an interest and increasing your traffic flow/ranking), send you an email thanking you for your reply and save you in their email list. Not only did you help that guy out but others who saw your answer see that you are knowledgeable in the industry and may hire you to assist them on their next project. This is probably the best advertising you can do and it is quick and simple!

Networking! Why should I network? What can it do for me? How exactly does it work? (Part 1)

2008-07-07T04:19:00.000-07:00

Networking is the reason people join industry organizations, attend fund raisers, and go to seminars. Millions of dollars a year are spent networking. Why would business owners, corporations (private and public) and other organizations network? The goal when networking is to a) meet someone you can help b) meet someone who can help you and c) to promote yourself through a short no more than 5 minute conversation.

Why should you network? You should network because you are building a brand. Whether you are a business owner, employee or an individual supporting a cause. You are your brand! You need to promote your brand without actually giving a sales pitch for your product. Deals are brokered everyday through networking. Networking is a way to meet people through friends, organizations and seminars. This is how you meet people who already have something in common with you, i.e. same friend, same organization, same topic, etc.

You may meet someone who you can't help but maybe they know someone who can. This is the basis for http://www.linkedin.com. Linked in is a social networking tool except the difference between linked in and other social networking websites is that it is made where you have to know someone to meet someone. This prevents unwanted spam and other emails from people you don't know.

Enough about linked in, let's get back to answering the question: Why should you network? You never know when that person will need your service or product. If you were to try a service or product, wouldn't you rather purchase it from someone you know or a friend knows. This is how a trusted networking connection is made in the business world.

What can networking do for you? Networking can help you build or grow your business, lower your costs by meeting other distributors, and provide you with more customers. These customers trust you and are loyal to you because they have put a name with a face. Remember, you are your brand. While I am hesitant to post my picture due to the nature of my business, I do it from time to time because I want people to know that I give everything a personal touch and genuinely care about each contact that I make.

There is nothing that I don't oversee in my business since I want to ensure that each customer not only enjoys their product or service but also that they come back as a repeat customer. In my line of work, usually customers are a one-time deal but what people don't realize is that they should keep in touch with their customers because their customers know other people who need that service.

Networking is a very important tool in the world of promotion. Without networking, businesses would be left to cold calls and door-to-door sales. By the way, most cold calls or door-to-door sales have a success rate of almost 10 out of 100 contacts. That is an unacceptable number to me and that should also be an unacceptable number to you. (Part 2 to be continued next week)

Here is a tip for this week:

"Join one of your local community organizations, i.e. chamber of commerce, rotary club, soroptomists, lions club, VFW, American Legion, Masons, etc. and offer to speak at their next event or just show up with business cards in hand. Before you do make sure that you prepare yourself to answer questions regarding your business. After all, you never get a second chance to make a first impression"

I am back!

2008-07-07T03:23:00.000-07:00

Hi everyone,

Sorry that it took so long to get another post out. Blogspot has implemented a new robot that is supposed to detect spam. This robot locked my blog and wouldn't allow me to post anymore articles. I don't spam people but there were a lot of people affected by this robot. From my understanding the people infected were not spammers, just bloggers whose sites had content that tripped up the robot.

I am going to continue to provide you the same information I have in the past: from business news to product reviews, I will only try to post content that you and other people including business owners, Private Investigators and Fugitive Recovery Agents can utilize to build or grow your business. This is content that I provide free-of-charge and most of it is learned from the school of hard knocks.

I am a big believer in learning by others mistakes. I feel that it is cheaper and of course, less painful. This week I will discuss networking techniques that I have learned from other greats in the business world. Stay tuned for more information as I post.

Lastly, I would like to thank all of you who read my posts when they go into your in box. You could just delete them and not read them but I am glad that you don't as I am only giving back to the world that has given me so much. Please feel free to comment on any article that I write or contact me via email or by phone if you have any suggestions on topics or ideas.

I am now available for public speaking engagements. If you would like me to come and speak for your organization, I will put it in my schedule. I gear my public speaking engagements towards the people who will be present and I assure you, no matter who is in the room, someone will bring something away from it. Speaking in front of groups is something that I do on a regular basis and I enjoy meeting people from all walks of life.

If you are interested in coming to one of my speaking engagements, I will be speaking at the upcoming 3 day seminar for the UARA (United Association of Recovery Agents) in beautiful Lake of the Ozarks, Missouri from July 11th - 13th, 2008. If you are not familiar with the UARA, they are a group of professional repossession and fugitive recovery agents whose main goal is to further professionalize their respective industries through various regulations. These regulations are implemented to protect the consumer from unscrupulous and unqualified people in their fields who give their profession a bad name.If you are interested in attending this speaking engagement, it is open to anyone above the age of 18. For more information: go to www.allbounty.com for entry fee and hotel reservations.

I can be contacted at the email on my website or via phone at: (760) 333-6978.

Why are the big companies CEO's coming back?

2008-07-02T18:13:00.000-07:00

I recently read a few articles in the new edition of "Conde Nast Portfolio." I noticed a theme throughout the magazine and it looks like this is occurring throughout the industry. Starbucks CEO Howard Schultz makes a comeback and Dell CEO Michael Dell also returns.

Why are these CEO's returning? It seems that their babies (their businesses they built and labored over) are failing since they left. Why would this occur? I was speaking to a friend of mine regarding this issue and realized why this might be occurring.

When you build a business from scratch, you have an idea and a desire to bring that idea into fruition. When you hire a CEO to run your business, he is thinking of it like an employee would. An employee shows up to work, clocks in, does enough work to say they did the job and then go home.

When you are a business owner, you slave to get the business going. You work every day and even nights to make your business a success. Why do business owners do this? Because we know that success is graded by your ROI (Return on investment). After all, why would you slave over a business that is not giving you and your shareholders a nice return on your investment?

I am glad to see Howard Schultz and Michael Dell coming back to fix their businesses. I am looking forward to the new Italian drinks that Howard Schultz will be offering through his Starbucks coffee shops and I also hope that Michael Dell keeps the same quality and pricing that I love about Dell products.

I guess the bottom line is that you can create a desire in your employees to complete tasks but you can't create a desire in your employees to help you build the business. Unless your employees own a part of your business and are able to share in the successes and the failures, they will never do as good a job as you did running the business. I wish this weren't true but all signs point to this being the reason that you need to run your business.

I am curious though, if we will be seeing Microsoft's "Bill Gates" coming back in a year or so?

Fugitive Recovery Training in Missouri

2008-06-19T14:50:00.000-07:00

For those that are interested in the bounty hunter profession, I will be teaching a few classes at the United Association of Recovery Agents 2008 Convention. This convention is for Repossession and Recovery agents. People interested in the industry are more than welcome to attend as well.

Hope to see you there and make sure you bring some workout gear, handcuffs, baton and plenty of water. See you there!

Retail stores closing! What does this mean?

2008-06-19T07:36:00.000-07:00

Ann Taylor closing 117 stores nationwide A company spokeswoman said the company
hasn't revealed which stores will be shuttered. It will let the stores that will
close this fiscal year know over the next month

Eddie Bauer to close more stores Eddie Bauer has already closed 27 shops in the
first quarter and plans to close up to two more outlet stores by the end of the year.

Cache closing stores Women's retailer Cache announced that it is closing 20 to 23
stores this year.

Lane Bryant, Fashion Bug, Catherines closing 150 stores nationwide The owner of
retailers Lane Bryant , Fashion Bug , Catherines Plus Sizes will close about 150
under performing stores this year. The company hasn't provided a list of specific
store closures and can't say when it will offer that info, spokeswoman Brooke
Perry said today.

Talbots, J. Jill closing stores About a month ago, Talbots announced that it will
be shuttering all 78 of its kids and men's stores. Now the company says it will
close another 22 under performing stores.

The 22 stores will be a mix of Talbots women's and J. Jill , another chain it
owns. The closures will occur this fiscal year, according to a company press release.

Gap Inc. closing 85 stores In addition to its namesake chain, Gap also owns Old
Navy and Banana Republic .. The company said the closures - all planned for
fiscal 2008 - will be weighted toward the Gap brand.

Foot Locker to close 140 stores In the company press release and during its
conference call with analysts today, it did not specify where the future store
closures - all planned in fiscal 2008 - will be. The company could not be
immediately reached for comment

Wickes is going out of business Wickes Furniture is going out of business and
closing all of its stores, Wickes, a 37-year-old retailer that targets
middle-income customers, filed for bankruptcy protection last month.

Goodbye Levitz The furniture retailer, which is going out of business.
Levitz first announced it was going out of business and closing all 76 of its
stores in December. The retailer dates back to 1910 when Richard Levitz opened
his first furniture store in Lebanon, PA. In the 1960s, the warehouse/showroom
concept brought Levitz to the forefront of the furniture industry.
The local Levitz closures will follow the shutdown of Bombay.

Zales, Piercing Pagoda closing stores The owner of Zales and Piercing Pago da
previously said it plans to close 82 stores by July 31. Today, it announced that
it is closing another 23 underperforming stores. The company said it's not
providing a list of specific store closures. Of the 105 locations planned for
closure, 50 are kiosks and 55 are stores.

Disney Store owner has the right to close 98 stores The Walt Disney Company
announced it acquired about 220 Disney Stores from subsidiaries of The Children's
Place Retail Stores. The exact number of stores acquired will depend on
negotiations with landlords.

Those subsidiaries of Children's Place filed for bankruptcy protection in late
March. Walt Disney in the news release said it has also obtained the right to
close about 98 Disney Stores in the U.S. The press release didn't list those stores..

Home Depot store closings ATLANTA - Nearly 7+ months after its chief executive
said there were no plans to cut the number of its core retail stores, The Home
Depot Inc. announced Thursday that it is shuttering 15 of them amid a slumping
U.S. economy and housing market. The move will affect 1,300 employees.

It is the first time the world's largest home improvement store chain has ever
closed a flagship store for performance reasons. Its shares rose almost 5 percent.

The Atlanta-based company said the under performing U.S.stores being closed
represent less than 1 percent of its existing stores. They will be shuttered
within the next two months.

CompUSA clarifies details on store closings Any extended warranties purchased for
products through CompUSA will be honored by a third-party provider, Assurant
Solutions. Gift cards, rain checks, and rebates purchased prior to December 12
can be redeemed at any time during the final sale. For those who have a gadget
currently in for service with CompUSA, the repair will be completed and the gadget
will be returned to owners.

Macy's - 9 stores

Movie Gallery - 160 stores as part of reorganization plan to exit bankruptcy. The
video rental company plans to close 400 of 3,500 Movie Gallery and Hollywood Video
stores in addition to the 520 locations the video rental chain closed last fall.

Pacific Sunwear - 153 Demo stores

Pep Boys - 33 stores

Sprint Nextel - 125 retail locations New Sprint Nextel CEO Dan Hesse appears to
have inherited a company bleeding subscribers by the thousands, and will now
officially be dropping the ax on 4,000 employees and 125 retail locations. Amid
the loss of 639,000 postpaid customers in the fourth quarter, Sprint will be
cutting a total of 6.7% of its work force (following the 5,000 layoffs last year)
and 8% of company-owned brick-and-mortar stores, while remaining mute on other
rumors that it will consolidate its headquarters in Kansas . Sprint Nextel shares
are down $2.89, or nearly 25%, at the time of this writing.

J. C. Penney, Lowe's and Office Depot are scaling back

Ethan Allen Interiors: The company announced plans to close 12 o f 300+ stores in
an effort to cut costs.

Wilsons the Leather Experts - 158 stores

Pacific Sunwear will close its 154 Demo stores after a review of strategic
alternatives for the urban-apparel brand. Seventy-four underperforming Demo
stores closed last May.

Sharper Image: The company recently filed for bankruptcy protection and announced
that 90 of its 184 stores are closing. The retailer will still operate
94 stores to pay off debts, but 90 of these stores have performed poorly and also
may close.

Bombay Company: The company unveiled plans to close all 384 U.S.-based Bombay
Company stores. The company's online storefront has discontinued operations.

KB Toys posted a list of 356 stores that it is closing around the United States as
part of its bankruptcy reorganization. To see the list of store closings, go to
the KB Toys Information web site, and click on Press Information

Dillard's to Close More Stores Dillard's Inc. said it will continue to focus on
closing underperforming stores, reducing expenses and improving its merchandise in
2008. At the company's annual shareholder meeting, CEO William Dillard II said
the company will close another six underperforming stores this year.

The above info was excerpted from M_N_D@yahoogroups.com. Google to see if any of it was incorrect. I was unable to find anything that was contrary to the article online.

What does this mean for our economy? The pundits are still saying that we are going into a recession while the president is afraid to use the "R" word for fear that it could make it worse. It looks like a lot of the industries are suffering from the recession (which I believe we are already in but everyone is in denial).

Whether you call it an economic slowdown, recession or a depression, industries are being killed left and right by the lack of economic stability in the United States. While home sales in most places are continuing at a slow pace, other industries are feeling the crunch from the lack of economic flow. Has the trickle down effect slowed to a drip? I think so and so do a lot of the businesses, business magazines and media outlets.

How do you survive in this market that is tanking like the Titanic did in the last scene of the motion picture movie? While other people are following the lame duck president, George Bush's lead and acting as if you ignore it, it will go away, other people have decided to scale back operations, fire employees, move operations overseas, buy inferior products from foreign countries, etc. When does it end and will it end?

While I don't want to scare anybody with talk of the recession and how we are entering a depression, ($4.59 a gallon for gas, that is depressing) I do want to give some ideas of solutions to these problems and would love to hear others comments on the solutions or additional ideas to our current dwindling economic status.

PROBLEM #1: Retailers are scaling back operations. SOLUTION: The way to stop the scaling back and loss of jobs is for consumers to support local retailers by buying products. Local retailers are going to have to drop their markup to make things seem more affordable to those of us that are now paying $50-$100 to fill up our tanks. If retailers want to survive then they are going to have to put their products online for purchase. This may not be possible for all retailers but those that aren't able to figure out a way to do so may just see their businesses dwindle down to what they started with.

PROBLEM #2: Fire Employees or layoff of employees. SOLUTION: Companies have a responsibility to their employees. Although in the state of California, you are considered "at-will" and can be fired without cause. I believe that ethically, a company should find another way to keep that employee hired and paid. Whether it is through retraining for another department, etc. the employee has spent his/her years slaving for the company for what usually amounts to slaves wages. The managers should look into other ways to keep their company afloat and to keep their employees. We have enough unemployed people in this country, we don't need to open up the floodgates and have a crisis on our hands. If the industry the company is in isn't providing the financial backing that the company needs to keep afloat then it is time for the company to start looking at other avenues. There are many people out there who are ready to strike out on their own but need the financial backing, these companies should look for these people, hire them as consultants and if all works out, give them a position in charge of that service.

PROBLEM #3: Move operations overseas. SOLUTION: Without turning this into political diatribe, I believe that this year is going to be the year that the democrats need to be elected into the white house. We need a president, Barrack Obama fits the bill, that is willing to take away the red tape and reduce financial hardships that have caused plants, factories and ultimately jobs to move overseas. We need to figure out a way to create the infrastructure that made our country great many years ago and makes it still great today! We need to bring the jobs back to our country, bring the plants back to our country and ultimately bring the products back to our country. Let's make "Made in America" mean what it used to mean to my grandfather who, still to this day will not buy anything foreign!

PROBLEM #4: Buying inferior products from foreign countries SOLUTION: We need to be more stringent in our acceptance of foreign products in America. While I love my Toyota's, Hyundai's and Honda's, I would love to see American factory workers who lost their jobs, get their jobs back. I would love to see the government release restrictions on these big businesses who provide jobs for the American people. Ultimately, there is a hatred of wealthy people in this country and I would love to see people finally realize that wealthy is what everyone should be. Money is not the root of all evil, tyrants are! Whatever happened to a penny saved is a penny earned? While I believe there are some industries who need governmental regulation, I believe in a free market and the fact that you are only as wealthy as you make yourself.

If we were to provide solutions to our problems with the end goal being that we want to bring jobs, products and integrity to "Made in America" then I believe that the next four years will turn around from where we are now. If not, then we are in for a long one so buckle your seatbelts!

I give permission to anyone who would like to repost this on their blog, website, etc. That goes for any of my blogs. Have a wonderful day and I wish you nothing but the best in all your endeavors!

Information on Non-Violent Offender Rehabilitation Act of 2008 (NORA) measure in California

2008-06-08T11:10:00.000-07:00

I received the following email from the President of the California Narcotic Officers Association. I feel strongly that we need to challenge this ballot measure as individuals, parents and mentors to the future of our country. I merely wanted to advise everyone of the serious problems that will occur with passage of this measure. Those of us who are former law enforcement as well as those that work criminal defense know how much of a failure Proposition 36 has been and this is going to aggravate those problems to the nth degree.

Proposition 36 has not only let down the public but it has also let down those assigned to the program. Before Propositions 36, a candidate for drug treatment was sent to drug court, an approximately one year program with only 3 hours a day unsupervised. The success rate which continues today is approximately 90% with a 10% recidivism rate. With the implementation of Proposition 36, a candidate for drug treatment is now sent to a one year program with only 3 hours of supervision a day and there is less than 10% who complete the program successfully. Does anyone else see the problem with this? The thing that voters didn't realize with the initial vote for proposition 36 was that this failed program was hidden in fine print while the proponents only advertised the legalization of Marijuana for medical benefits. Most of California voted yes, including me not realizing that we were also voting in a failed treatment program to replace an extremely successful program.

We , as Californians and PIs, are faced with a ballot measure that, if passed, will aggravate the 75% failure rate of Proposition 36 as well as have profound public safety implications. The ballot measure is titled, “Non-Violent Offender Rehabilitation Act of 2008” (NORA). NORA takes the weakest elements of Proposition 36 and aggravates them. Where Proposition 36 permitted three failures before the courts had discretion to impose meaningful sanctions, the NORA proposal gives a defendant five failures before any meaningful accountability occurs.

Please understand that failures in treatment not only harm the defendant, but they can have a profound public safety implication. California Highway Patrol Officer Scott Russell, was recently murdered by a Proposition 36, non-accountable, treatment failure. This tragedy is a pointed example of the public safety folly of a proposal that will now permit five failures, rather than the objectionable-enough three failures.

A mere cursory examination of this proposal reveals some potentially destructive provisions. These provisions are in addition to the five time failure provisions of the initiative that we have already mentioned:

It gives drug dealers a “preferred parole period.” Drug dealers will be released from parole in only six months, rather than the standard three year parole requirement. We see no reason to provide an early parole release for those who poison communities. Moreover, by reducing the accountability for drug dealers, the unintended consequence of NORA is that it increases the chances that a drug using defendant will relapse.

It permits people charged with other crimes to escape accountability for those crimes simply by alleging that the crime in question was attributable to their drug use. This, of course, could permit them to enter a five time failure NORA program. In other words, a methamphetamine using spousal abuser may have his spousal abuse case set aside while he is sent to a five time failure NORA program.

It permits a defendant who is in a treatment program to continue to use marijuana; all the defendant need do is find a compliant doctor (many of whom advertise that they will give a recommendation for a fee) who will make a “recommendation” that the defendant “needs” to use marijuana – probably to cope with the stress of his being arrested in the first place!

It reduces penalties for possession of an ounce of marijuana to an infraction. Ironically, this creates a disincentive for marijuana users to enter treatment, since the infraction is the functional equivalent of a traffic ticket, and doesn’t even carry a criminal record.

The cost “savings” of the proposal are not only undocumented, but the reality is that this proposition will probably result in an increase in costs to police agencies, courts, probation, district attorneys and public defenders.

The proponents of NORA already have a large amount of funding established to purchase advertising time and space. I am asking each member to conduct a grass roots effort to help defeat the NORA proposal. Please discuss this proposal with your families, friends, co-workers, citizens, City Councils, Boards of Supervisors, civic groups and community groups. The NORA proposal, if passed will have serious public safety implications.

PI's Join Hunt for Dog Killer

2008-06-05T08:21:00.000-07:00

PIs join hunt for dog killer

By Rebecca Unger / Hi-Desert Star Tuesday, June 3, 2008 11:47 PM PDT

PIONEERTOWN — Private investigator Jon Licher of Yucca Valley wants the citizens of the Morongo Basin to know that “the search for the heartless killer of a black Labrador retriever in Pioneertown is continuing.” He is joined in the search by another Yucca Valley-based investigator, Raymond Miller.

Licher and Miller are part of a team of private investigators who have been working pro bono for the dog’s owners since April 10, 2008. The private investigators have interviewed numerous people in the area and have conducted surveys of the crime scene for evidence.

Brody, a black Labrador retriever belonging to Sara Horowitz and David Littlepage, was found shot in the back of the head and left to die on Feb. 25 near a fenced area in Pioneertown. People have been questioned by the San Bernardino County Sheriff’s Department and private investigators, but no arrests have been made.

Miller called it a “very strange case” and speculated that “someone has to know something about what happened to the dog.”

Animal-rights groups, San Bernardino County and an anonymous donor have put up money for a reward leading to the arrest and conviction of the culprit. With a $20,000 reward at stake, there have been lots of calls into the WE TIP hotline.

Being close to the Yucca Valley and Pioneertown communities, Miller and Licher, both members of the California Association of Licensed Investigators, said they feel it is their civic responsibility to identify the shooter and bring that person to justice. They have also said that one of their next plans of action in the case may be to bring in a polygraph examiner to verify information given in statements by people of interest in the case.

“There is no obligation to take the test,” says Miller. “It’s just a tool that gives us something more to work with.” Miller adds the polygraph is portable, and can be done at someone’s residence.

“We haven’t given up and we will continue to work this case until it is solved, or until there are no more leads. We owe that much to the dog’s owners and to the Pioneertown community,” Licher said.

Anyone with information about Brody’s hooting should contact the San Bernardino County Sheriff’s Department at 366-4175, Intelligent Ops International Inc. at 333-6978 or J.D. Licher Investigations at 365-7798.

“We don’t need that killer to be on the street,” Miller stated.

Don't get the wrong idea here regarding my agency providing a pro bono service. As you know, Intelligent Ops International, Inc. is a business and businesses are created to make money. Anyone who tells you otherwise is probably not successful in the business world. I am bombarded with phone calls and emails from people who would like to retain my services with little or no cost on a daily basis and 99% of them I have to turn away.

Pro Bono is usually a service provided to those that don't have the financial means to acquire a service and most agencies require a credit check to prove the lack of funding. The American Bar Association recommends that all law firms perform a community service and have now allowed law firms who provide 500 hours a year of pro bono service to waive their membership fee. For more information on the ABA's Fee Waiver Program for law firms, go to http://www.abanet.org/about/yir/2006/sites/39.2.html.

There are many reasons that a business would agree to work a pro bono case. One of those reasons is that they are hoping to get some publicity or they feel that it is their civic responsibility and it is good public relations to work the case. The old adddage of, "You can't get something for nothing" is true. If someone agrees to work your case pro bono then feel very privileged because either you have a very interesting or high profile case and/or you are someone who is known in the community, i.e. a celebrity. Nobody does a service without expecting something in return, whether it be advertising, public relations or experience for a resume!

In this case, we were hoping for a little publicity and a little bit of public relations while providing a much needed service in a community where law enforcement is overwhelmed with crimes of a more serious nature. We are retained for this case by Sara Horowitz, the dog's owner, known as "Sara" on season 10 of "Hells Kitchen" and her husband, David Littleton. Pro bono work is done by many different people in the legal community but isn't done very often. Why isn't it done as often as the ABA and other organizations recommend? The main reason is the same reason why our agency doesn't normally take on pro bono cases. We, in the business community, are too busy taking on paying clients to work a case that essentially is free except for advertising or the result being good public relations.

Watch this video and be thankful that our only inconvenience is a long line at the airport!

2008-05-31T07:49:00.000-07:00

I am not good at reading Arabic but what it looks like is the leader of Hamas and his bodyguards and what they have to go through to get the leader from one place to the next. If anyone can decipher what is going on here, please comment.

I received a link to this on the Intelligence Listserve, pretty interesting.

http://www.youtube.com/watch?v=Q1ZPbk4JXs0

I will never complain about airport security again!

Check out this video: WKUK - Opposite Day

2008-05-30T05:35:00.000-07:00

The Whitest Kids U Know - Opposite Day (Courtroom Skit)

This is some funny stuff!

Check out this video: WKUK - Opposite Day

Add to My Profile | More Videos

Investigative Uses of GPS by Dave Pettinari

2008-05-29T13:37:00.000-07:00

Investigative uses of GPS tracking devices are controversial

By Dave Pettinari

TAC Forensics and Investigations

A mother calls a private investigator wondering whether or not she can help track where her footloose, wild, and tight-lipped 16-year-old daughter, a bit reckless with her newfound freedom, goes in her car on Friday and Saturday nights. A suspicious husband calls asking the PI to track his wife, whom he suspects of having an affair.

Old-fashioned gumshoe surveillance works in these situations. Hang low nearby, and when the subject enters the car, follow him. But "getting made," where the subject becomes aware you are following them, or losing the tail at a stoplight, can derail these investigative efforts. Besides, it is
expensive.

Clients might be able to afford to pay $75 per hour times many hours of human surveillance. Global positioning system technology can do the job for much less, as it takes perhaps 10 seconds to place one of these magnetic units under a car. But, with the recent arrest of a Colorado PI caught planting a GPS tracking device on a car in a public parking lot, many PIs
are wary of using them.

Law enforcement has used GPS devices for years, and private investigators have used them for surveillance to detect misuse of equipment, and in child-custody violations, insurance fraud and marital infidelity cases.

The GPS listens for satellite radio signals and calculates how long the signals take to arrive. The tracking units must receive signals from at least three satellites to triangulate. This provides a highly accurate estimate of latitude and longitude through a cellular network (real-time GPS
units) or is recorded on the device that is retrieved later (passive GPS units).

PIs who use GPS attach these devices to a vehicle, then monitor and track the vehicle's movements, sometimes from a web site. They can also program them to transmit signals from a cellular tower to a base unit to report location in terms of longitude and latitude, tracking how long the vehicle stays at that location, and report where the vehicle is headed next.

Should a PI embrace this technology, originally developed to assist U.S. military forces, or shun it? What would be legal to do to accomplish investigative missions, and where do the legal landmines lie? Could it be considered wiretapping (usually not) or cause violation of privacy statutes (maybe, depending on the state law)?

What would happen if a PI gives the client minute-by-minute updates on the location of a tracked spouse's vehicle, and the husband ends up shooting the wife based on this information?

Would each new genre of case call for a legal opinion before proceeding?

The short answer is, "be careful." Since the technology is new, case law on the topic is in its infancy. GPS surveillance may or may not be legal depending on the type of device and on the location.

Two cases in the western U.S. have said that police using GPS without a warrant did not violate the Constitution based on so-called Bird Dog cases. U.S. v. Knotts (1983) said using this technology, a lower-tech predecessor to the GPS, amounted to simply "augmenting the sensory faculties" these officers had since birth. Next year, in U.S. v. Karo, the Supreme Court
ruled that more Fourth Amendment oversight was justified when the Drug Enforcement Administration attached a bird dog device to a delivery to a drug house. The court said this action crossed a threshold under the federal constitution from monitoring things in public view to continuing to monitor after the device entered a private residence. Law officers must also
consider whether their actions are legal under their state constitutions.

The California Scott Peterson investigation was one case where investigators used this technology to track Peterson to the ocean several times after he murdered his pregnant wife, and this evidence was admissible in court.

Can these law enforcement cases provide similar justification for PIs who primarily use GPS in domestic investigations and in civil cases? Might PIs track vehicles in the open, but come up against a potentially litigious situation if they track the vehicle all the way into someone's private
garage? Would they be permitted to install and retrieve GPS devices in a public place, but not on private property, as long as they did not commit a crime -- such as breaking into the car, tapping into the car's power supply, or altering the car's driving characteristics?

Keep in mind that police have a much higher standard to meet than PIs do because the U.S. Constitution and most state constitutions prohibit government intrusion onto private property without a warrant. Even so, PIs can be sued if their actions are perceived to violate one's rights.

What can PIs do, and what cannot they not do, with these devices? Most states would permit the following:

. Businesses tracking their own vehicles or materials, with informed consent of the employees.

. Domestic applications where husband and wife jointly own the vehicle. However, if the spouses have separate residences, this could pose a problem.

. Use without consent of the subject in all public areas.

. Use on the investigator' s vehicle to track routes during mobile surveillance.

To ensure he or she is on the right side of the law, the PI or police officer must get permission to install the device, either from the courts or from the property owner. And, morally speaking, the PI must inform his or her client of the device's proposed use, as clients can be held liable for
illegal use as well. It would also not be a bad idea to contact the state's attorney general to see what state laws might preclude or limit this approach to surveillance.

Some PIs attempt to distance themselves from responsibility for missteps by requiring clients to install the devices themselves on cars they own, or have the units installed at dealerships during routine maintenance visits. A contract may spell out that the client cannot use the information to
confront, stalk or harm the tracked person.

Even so, in marital fidelity/integrity check cases, the PI should search police, sheriff and court files to ensure no restraining orders exist, as well as no history of domestic violence. They should also be keenly aware of privacy, trespass and criminal mischief statutes, and the local police
attitudes toward use of this technology by PIs.

From a legal and financial standpoint, some PIs require clients to purchase the devices outright in case they are discovered, lost, stolen or damaged.

With all the above caveats, technology is still not a solution that replaces time-tested investigative techniques and real eyes, ears and brains. A piece of equipment cannot tell anyone what the wife did after she left her car and went inside the bar, or whom the child talked to or what he or she did along the route while being monitored.

GPS is one more tool in the kit bag, but PIs must use it only after understanding legal issues that could expose the investigator to arrest or lawsuit. Remember, even murderers, child molesters and cheating spouses have rights.

Dave Pettinari, a retired sheriff's commander, writer, computer forensic examiner, and university professor, is a Colorado private investigator based in Beulah, just west of Pueblo. He can be reached at davepet@fone.net, and on the Internet at http://www.tacforensic.com.

Ever been in an officer involved shooting?

2008-05-27T09:31:00.000-07:00

I was speaking to another fellow investigator the other day and the subject came up of action as a police officer and Officer Involved Shootings. I had mentioned that I was in an officer involved shooting back in September 2005 and it had been filmed by the local news. I was told that it even made CNN and is used now for Suicide By Cop training in various departments and academies.

Below is the link:

Palm Springs Psycho Palm Springs Psycho Standoff

Now that you have seen the video, I am sure that you have many questions and I will do the best to answer them for you:

1. Did the guy have a gun? I don't know, I believed that he did and that he was going to use it. My partner said that he saw the gun but I don't remember seeing it. I do remember hearing a pop and air that went by the left side of my head. Based on what I felt and heard along with my partner's observation, I believe that he did have a gun.

2. Did the guy die? No, they induced a coma and removed all eight 45 caliber bullets (probably mine) from his body. He is now spending 6 years in prison for his crimes (a light sentence if you ask me).

3. Was the guy on drugs? He had a large amount of Methamphetamine in his blood when they drew it at the hospital so, I would say that as a Drug Abuse Recognition expert based on my training and experience, he was most likely under the influence at the time of the incident.

4. Did they find the gun? No, they did not find the gun. His claim in an interview after the incident was that at 4am that morning, he drove by a place where they were pouring cement for the foundation of a new building and he threw his .38 caliber revolver in the cement. A search of the area revealed that it wasn't possible for that to happen but since there was no weapon, they didn't charge him with assault on myself, just threats. So, I guess if you ever want to shoot at a cop, make sure that you dump the gun when you are out of range of observation and you will only be charged with threats.

5. Was this incident traumatic and how did I feel? All I could think about was, "How dare he shoot at me, an officer of the law, what is wrong with him?" I then thought about how I was going to explain this to my wife who was afraid already of something happening to me while working as a police officer. All I could think about throughout the week was the incident and was there anything that I would have done differently.

6. Would I have done anything differently? It was my first day off of field training and I thought I had prepared for the worst through all my Marine Infantry training, Marine Military Police training, Marine Special Reaction Team training and my Police Academy training but I was wrong. This incident is why to this day, I never turn down an opportunity to attend training. I believe that it was my Marine and Police training that saved my life.

7. How were you psychologically after the incident? I was "okay, fine" as Dr. Larry Blum, author of "Force under Pressure: How cops live and why they die" and "Stoning the Keepers at the gates" would put it. I had mentally prepared myself for this incident starting back in 2001 when I attended the 8th Annual Covert Ops Conference in Las Vegas, Nevada where Larry Blum taught a class on officer involved shootings and the psychological mindset of those that go through an OIS. I have many thanks to give to Dr. Larry Blum because I believe that if it weren't for him then I might be an emotional wreck today. I would like to end this post with a statement that Dr. Larry Blum signed my copy of "Force Under Pressure" with and that is:

"BE VICTORIOUS!" ~ Dr. Larry Blum

STAY SAFE OUT THERE EVERYONE AND MAKE SURE THAT YOU ATTEND THE UNITED ASSOCIATION OF RECOVERY AGENTS (UARA 2008), IT WILL BE THE SEMINAR TO ATTEND IN JULY FOR ADVANCED FUGITIVE RECOVERY TRAINING! AND FOR $150 ADMISSION, YOU WON'T FIND IT CHEAPER ANYWHERE ELSE!
Plus, I will be teaching self defense, arrest methods, baton, building entries and developing informants. There will also be a class on Skip tracing and much more!

Can you solve these 3 mysteries?

2008-05-11T11:27:00.000-07:00

Here are 3 mysteries to solve (from Infoguys list serve):

Mystery one

A man was found murdered Sunday morning. His wife immediately called the
police. The police questioned the wife and staff and got these answers:

The wife said she was sleeping.
The cook was preparing breakfast.
The gardener was gathering vegetables.
The maid was getting the mail.
The butler was polishing shoes in the pantry.

The police instantly arrested the murderer. Who did it and how did they
know?

------------ --------- --------- --------- --------- --------- -
--

Mystery two

A man walks into his bathroom and shoots himself right between the eyes
using
a real gun with real bullets. He walks out alive, with no blood anywhere
and no, he didn't miss and he wasn't Superman or any other crusader wearing
a
cape.

How did he do this?

------------ --------- --------- --------- --------- --------- -
-

Mystery three

Old Mr. Teddy was found dead in his study by Mr. Fiend. Mr. Fiend recounted
his dismal discovery to the police:

"I was walking by Mr. Teddy's house when I thought I would just pop in for a

visit. I noticed his study light was on and I decided to peek in from the
outside to see if he was in there. There was frost on the window, so I had
to
wipe it away to see inside. That is when I saw his body. So I kicked in the
front door to confirm my suspicions of foul play. I called the police
immediately afterward."

The officer immediately arrested Mr. Fiend for the murder of Mr. Teddy.

How did he know Mr. Fiend was lying?

For answers to the above 3 questions, click comments below.

What is the best way to advertise?

2008-05-11T08:15:00.000-07:00

I have been using Google Analytics on my website, Intelligentops.com and my blog for a couple of weeks now and I am amazed at the information that I am able to deduce from the use of Google Analytics. Granted, it does have a learning curve! For those of us that want to learn to use Google Analytics right away, try the following information from Google after setting up your Google Analytics account:

(Taken from an email sent from Google Analytics)
First, get Google Analytics fully operational on your site:
- Install Tracking Code: You will begin to see data in your reports within 24 hours after installing your tracking code.
- Set up go als: See conversion rates for ads, marketing initiatives, and visitor segments.
- Link to AdWords: Monitor your AdWords revenue, conversions, and ROI. Don't have an AdWords account? Sign up here.

Next, consider these advanced features:
- Track Ecommerce: Link ecommerce performance to keywords and marketing campaigns.
- Set u p custom filters: Exclude your company's internal traffic from your report data and more.
- Tag your other campaigns: Track conversions on banner ads, email marketing, and other marketing initiatives.

Finally, take action on the data:
- Watch these instructional YouTube videos:
*Learn which reports to look at first and what they mean (9 minute video).
*Get the most out of the Google Analytics interface (8 minute video).
- Create customized email reports: Send regularly scheduled reports to stakeholders within your company.
- Contact a Google Analytics Au thorized Consultant: Get fee-based help with installation, analysis and professional services from a partner near you.
- Learn even more from the Google Analytics blog, Help Center, user forums, and Conversion Universit y Videos.

Google Analytics is great for those of us who want to increase traffic to our website and figure out who is visiting our website. Which pages are people looking at and immediately leaving (showing lack of interest related to keywords or content). These are all issues very important to every business.

There are many features that I am still working on implementing but the most important feature whether you have an e-commerce site or not, is the goal conversions feature. With the goal conversions feature, you are able to set goals using a goal page, i.e. completing a sale, registering on a forum, sending information requesting services.

In my opinion, a website is a digital business card that will just sit on your desk unless you hand it out to other people through various methods, paid ads, non-paid ads, linkbacks, etc. Most
businesses have figured out what advertising works and what doesn't. I recently read an article in Conde Nast Portfolio's May 2008 issue from Page 49. This article talks about print media and how it is "The Worst Investment in America?" The gist of the article is that newsprint media is becoming nearly obsolete and are trying to keep up with the internet by digitizing their media. One newspaper, Philly.com now have their journalists do video blogs from their desk rather than just printing the news. The newspaper world is going to collide with the television news world and I am curious to see if there is anymore print media other than magazines in the year 2018.

The trend seems to be that digital media is the only way to get business anymore so the last thing that you want to do is put an ad in a phonebook, newspaper, etc. There are some exceptions to advertising in print media such as magazines like Forbes, Portfolio, OT, Wall Street Journal, and other big name print media.

What about radio? Radio is probably the best media to advertise through anywhere but the trick is what station do you advertise on, who are your customers and will it be worth it. For example, a large majority of the Southern California population drive to work a half hour to three hours due to overpopulation and the lack of public transit. With this in mind, radio is probably the best media to advertise in throughout Southern California.

Television is probably the most expensive media to advertise through but also the most lucrative. The success of a television ad is dependent on knowing your customers and their habits. For example, if you are targeting small businesses in a B2B (Business to Business) transaction then you should probably stick with radio since most small business owners don't have time to watch television. As an example, as a business owner, I rarely watch television. I do listen to a lot of talk radio, NPR, 97.1 Free FM, etc. and I may watch a movie once or twice a week from the video store. With those factors in mind, a partnership with your local video store could be very lucrative depending on the area that you live in.

All of the above information was provided to you as a service. I truly believe that the more self-employed entrepreneurial types we have in this world, the better it will be for everyone. I have mentors in the business world and mentor those that are just beginning in the business world whenever I can. One of the most important things to remember when owning a business is to concentrate 80% of your efforts on Marketing and Sales. Without Marketing and Sales, a business is dead in the water. Be an entrepreneur, achieve your dream and be victorious!

For more information on any of the above listed businesses, click on the links above or here: Google Analytics, Intelligentops.com, Conde Nast Portfolio, Forbes, Portfolio, OT, Wall Street Journal, NPR, and 97.1 Free FM

PI Agency gets city contract to work on reducing vandalism!

2008-05-04T07:44:00.000-07:00

Taken from: http://tvnz.co.nz/view/page/411749/919953

PIs to keep eye on Manukau taggers

Dec 8, 2006 8:03 AM

The Manukau City Council has a word of warning for those thinking about tagging - you will be caught.

The council has decided to recruit private investigators to help nab vandals who graffiti the city.

Auckland City has used PIs for a number of years and a successful pilot in Manukau earlier in the year has convinced its council to follow suit.

Community Safety Committee chairman Dick Quax says graffiti vandals should beware.

He says tagging costs Manukau City ratepayers about a million dollars a year.

The council says a small number of individuals are responsible for the large amount of graffiti vandalism plaguing the city.

It says enforcement against taggers is a specialised job, and indisputable evidence needs to be collected for arrests and prosecutions.

Source: Newstalk ZB

This is a very successful program for the country of New Zealand so why doesn't it happen in the United States? I will try to explain.

I believe that this would be a great program for cities in the United States to look into but believe that it would have to be modified to some extent. First of all, the crime rate in Auckland City and Manukau City, New Zealand is dramatically lower. The chance of these Private Investigators getting into a gun battle over graffiti is low compared to the United States where most of the graffiti is created by gang members carrying weapons who are marking their territory or writing a message to a rival gang.

In the United States, we have areas that are run-down, dilapidated and almost completely full of near condemned buildings. These areas are called "Ghettos, "Ybarrios" or "The Hood." These are areas that would be tough for a Private Investigator to perform this type of work. Any outsider in those areas are looked at as being possible law enforcement and it is not uncommon for police to be shot at while driving through these areas. This would be an added risk to the private investigator who performs this service. Just ask any LAPD officer who works the 77th in Los Angeles, California, they will tell you that these areas are dangerous and nothing to play with. While I believe a former cop could perform these tasks and survive unscathed, the service would be a lot more expensive than it is in New Zealand and maybe not even cost-effective for some smaller cities.

The other issue at hand is the issue of local law enforcement agencies and their ego. The agencies would have a bruised ego if they were told by city leaders that private investigators were being hired to help solve the graffiti problem which they look at as their job. While the agencies may get a bruised ego from the hiring of private investigators, the normal everyday police officer hates taking vandalism/graffiti reports and I feel that most police officers would welcome the assistance to combat the graffiti. This would allow patrol officers to concentrate on more important issues such as stolen vehicles, drug sales, etc. The only difference between the program that is currently run in New Zealand is that the private investigators in the United States have less power than a private investigator in New Zealand. That dramatic and important difference would make it very difficult for a private investigation agency to perform the exact same job that the private investigators in New Zealand are doing.

The private investigators power of arrest is very important for the success of the program in the United States. A private investigators power of arrest would be the same as a private citizen but not the same as that of a police officer. The liability incurred by a private investigation agency in the United States through various frivolous lawsuits claiming false arrest, assault, etc. could easily bankrupt a private investigation agency.

I believe it is because of the civil liability that is apparent in this type of operation that most private investigation agencies would not be willing to go forward with this type of operation.

What are the solutions to make this type of operation feasible in the United States:

1) Give the private investigators sworn status while on duty since they are former police officers it would not be hard to do. The sworn status would keep the agency or the private investigators from being sued for false arrest and would free up a patrol unit to take care of other business. (For example, make the private investigators assigned to the detail Level 1 Reserve Police Officer's for this operation only).

or

2) Give the private investigators a police radio and have a free patrol unit (no radio calls, dedicated only to this operation) available to arrest the vandals after being identified and recorded by PI's on surveillance.

One of the above 2 things would have to be implemented for this to be a successful operation in the United States. While most PI agencies won't perform this type of operation, my agency is geared up and ready to perform this type of operation and we are willing to work in concert with the local agencies for them to use us as a tool to reduce and if possible, eliminate the blight that graffiti and vandalism is on a community.

The additional bonus from hiring former law enforcement private investigators who specialize in video surveillance is the quality of video taken and the report that is written. All original video will be stored at Intelligent Ops Corporate office and a copy will be provided to the law enforcement agency unless another arrangement is desired. All reports will be written in legal declaration format for use in criminal as well as civil court.

We are currently in talks with a few select California cities to provide this service and we will let you know the status of our operations as soon as our contract is finalized. If you are a city leader and would like this program for your city, we would be happy to assist you in your efforts and will attempt to work within your budget for this type of program. For more information about the Intelligent Ops International, Inc. program for reduction of vandalism and graffiti, please contact us at President@IntelligentOps.com.

Safety for Fugitive Recovery Agents from the Bail Report

2008-05-01T14:16:00.000-07:00

The following is an article that I wrote for the Bail Report:

Safety for Fugitive Recovery Agents

Protect Yourself From Danger

By Raymond Miller

Editor's note: Raymond Miller is a fugitive recovery agent and law enforcement instructor. Miller is a licensed and insured private investigator, a former marine and former law enforcement officer. He currently works for Intelligent Ops International, Inc., an investigation, intelligence, and training provider dedicated to providing outstanding service and innovation to clients.

Fugitive recovery is a dangerous profession. It should not be attempted by any individual who has not been specifically trained to overcome encounters in the field. These are a few safety tips to help you be safe.

Training

Each agent must train on his own or with other agents daily. This training is paramount to surviving a deadly encounter. Exercises should include: cardio, strength and endurance. In addition, perishable skills such as self defense, arrest methods, building entries and firearms (daylight and low-light) are very important. At the end of the day, the rule to live by is “everybody goes home alive.”

Prior to each Fugitive Recovery Operation

Make sure that you have all documentation required for each fugitive.
Assess the risk level of the operation. For instance, is the suspect known to be armed? Does the suspect have dangerous prior offenses? How many known associates are in the area where the fugitive is hiding?
Ensure you have the proper number of agents to perform the operation safely and successfully.
Check all weapons, safety equipment and vehicles prior to commencement of operation. Remember Murphy’s law; I can tell you from experience what can go wrong, will go wrong, so be prepared for anything.
Go over the operational plan with all agents. The plan can be written or oral. Make sure everyone understands what their job is during the operation and go over the contingency plan for the operation. For instance, what will you do if there is a situation where you have to fire your weapon? What are your options?
Have one agent in a nondescript vehicle surveillance the area for counter-surveillance, lookouts and dangers.
Wait for positive identification from a distance, if possible. If it is not possible, then create a ruse to get closer to the suspected fugitive for positive identification.
After identified, each agent should remember these six rules when approaching and contacting fugitives:

1) Watch the fugitive’s hands. This is why police officers always say, “Show me your hands!”

2) Look for possible weapons.

3) Look around for friends, relatives, or associates – anyone who might interfere.

4) Look for escape routes and be aware of them in case the fugitive tries to escape. This also should be mentioned in the initial operation plan.

5) Be aware of your footing. You can’t help your fellow agents if you sprain your ankle in a hole during a takedown.

6) Look around for cover and concealment. Understand the difference. Cover is something that will stop a bullet and concealment only hides you or the team from the fugitive. Concealment is used to keep the element of surprise.

As soon as you have the suspect in custody, do a complete search, take him away from the area and to the jail as quickly and safely as possible.
Make your notifications, as required by state law. (Some states require it before the operation while other states allow it after the operation.)

After the Fugitive Recovery Operation

If you had to force entry into a house, make sure that you take pictures of the damage to the door and door frame. Use a camera with a time/date stamp for the photos. If possible, have an agent stand by for a locksmith if there is no one else in the house to prevent items from being stolen.
If you had to use force, such as a baton or taser, take pictures of the injuries from the baton or the entry points of the taser.
Don’t relax until the fugitive has been released to the appropriate authority.

Keep all of these things in mind and you should survive each fugitive recovery operation.

If there is a subject you would like to write about for The Bail Report, or you are interested in submitting an article you have already written, please contact us.

Review of Professional Investigator Software

2008-04-29T07:32:00.000-07:00

I have conducted a preliminary review of the Professional Investigator software which is offered for $395 until May 2 with the additional bonuses and I am very excited about this product. This product has succeeded where others have failed. Not only does it allow you to track your clients and other investigators it also gives you a marketing package to get more business. All you would need is to get one case from a current client using the Professional Investigator marketing package and you have paid for the software.

Here is their ad:

Order Now - 24 Hours a Day!

"Professional Investigator is undoubtedly the ultimate 'must have' program for any professional investigator. Superb!"
Ian Fairbrother (ABI, IPI, WAD, GIN, ALDONYS, NAIS, CNAR, IKD), Davies Investigations, Surrey, U.K.

"Professional Investigator should be a standard part of any sized investigative agency and I'm sure it will be the industry standard for years to come. The Holy Grail of P.I. Software."
Larry Olmstead (WIN, IRE, CALI, LACIA), President of the World Investigative Network, Hollywood, U.S.

Order before May 2 and get the following bonus pack:

The Complete program: Professional Investigator. Including all the powerful features you have just read about plus much more! $395 value.
Bonus! PI Backup 2001. This brand new module gives you total "peace of mind" as it creates industry-standard ZIP backups of your Professional Investigator data in seconds. Also great for moving data from one machine to the other. $99 value.
Bonus eBook! Unleashing the Ideavirus by Seth Godin. This inspirational book on marketing your business in the new millennium is available from Amazon for $40!
30 day, No-Risk, No Questions Asked Money Back Guarantee. We are so convinced that this program will drastically improve your bottom line that we are willing to let you try it risk-free for thirty days! If at any time during that period you are not satisfied for any reason whatsoever we will issue a full refund on the spot. No guilt. No questions asked. You don't have to prove anything to us. That's how confident we are that this package will help you start getting the efficiency, control and improved business results you've been longing for.

Total Bonus package value = $534.00

You pay only $395.00 for the complete program and bonus pack when you order before May 2.

EVERY user tells us that this is the BEST investment they ever made for their business! Furthermore, they tell us that it pays for itself less than a week !

What have you got to lose? Nothing. What have you got to gain? More. More efficiency, more control, more business, more profit, more time!

What are you waiting for? Aren't you ready to start turning your agency into the efficient, effective, popular and profitable business you've always wanted? Imagine...

You could be using this internationally acclaimed program and seeing results right now. There is absolutely no risk involved and the low cost is 100% tax deductible as a business expense.

The only thing you stand to lose is the money you could be making if you were using this system today. You're losing money and your competition is getting richer every minute you delay!

Order Now - 24 Hours a Day by clicking on the 'Order Now' button below and get all of the great bonuses listed above. You will be up and running within a very short time of placing your order. Software and unlock codes are delivered electronically over the web.

If you have an extra $400 laying around and want to increase your business revenue, this is the product for you.

If you have a product that you would like socalpi to review, please send it to: P.O. Box 718, Yucca Valley, California 92286 or email the licensing information to: President@Intelligentops.com and I will give you an honest review of the product on my blog.

As of today, my blog: http://www.socalpi.blogspot.com receives over 1000 visitors a day and is ranked #15,935,013 according to http://www.Alexa.com and my website http://www.IntelligentOps.com is ranked #10,326,642.

EIB is poised to write Fugitive Recovery and Private Investigator Insurance in California

2008-04-28T09:18:00.000-07:00

I just received this email from EIB, (they take quotes for Primeis insurance) this morning and the news is really encouraging:

Raymond,

We do write this class of business, but unfortunately we don't in the state of CA. However, it will only be a matter of time before we do, if you would like to check back in about a month we should be ready to write this class in your state.

--

Jeff Webb
Underwriter
Evolution Insurance Brokers
Phone: (801) 304-5570
Fax: (801) 233-5270
Email: -email-

Keep in mind that I am also asking for insurance for training (mostly corrections, law enforcement and fugitive recovery training) in addition to the fugitive recovery and Private Investigations insurance. This is very exciting since this company is poised to provide a much needed insurance niche in California.

I will keep you posted on the status of this insurance.

Review of Search Engine Optimization service by Techskilled.com

2008-04-25T07:21:00.000-07:00

I have recently obtained the services of an IT Management company called, "Techskilled.com." I have to say that this companies service is a one-time fee (undisclosed at this time) unlike other SEO companies that charge a monthly fee and it includes a weekly email that tells you where you rank on the big 3 (Google, Yahoo and MSN).

SEO which stands for Search Engine Optimization is a concept that is based on a number of variables that place you higher on a search engine. The higher you are the more of a chance that you will get business from people typing in those search terms.

I am happy to say that Techskilled.com has helped me with my SEO with a flat rate and no monthly fees. I don't know about you but I hate having to pay monthly fees and anytime that I can pay for a whole year in advance, I will do it.

As a result of my using Techskilled.com for search engine optimization, I am on the first page for all search engines under the categories I chose for my business. In addition, I am very satisfied with the weekly emails that tell me where I am at rather than having to look it up myself although I do it anyway to confirm the emails. If you are looking for SEO, try the IT Management professionals at Techskilled.com.

(By the way, I have transferred all of my computer maintenance needs to the professionals at Techskilled.com and have been using their services since the beginning of 2007.)

Review of the Unshredder from a PI's Perspective

2008-04-25T07:00:00.000-07:00

I have recently come across a product called, "The Unshredder." Here is a link to a video explaining the product http://www.youtube.com/watch?v=Z-3U1WbTLFc.

For those of us in the PI industry who have done dumpster dives for intelligence collection missions, domestics, family law, civil litigation, criminal defense, etc. the main issue in trash collection is the fact that many people are in the habit of shredding important documents.

For more information on dumpster diving aka trash recovery operations, go to idumpsterdive@yahoogroups.com and join the community of PI's involved in this field.

While the shredding of these documents is great for the end user it is not so great for us in the PI industry or our clients who depend on this type of operation. The Unshredder seems to be on the way to helping us provide a better product for our clients.

I have yet to review the product but I will provide you with a PI's perspective of this product and what I think about it. After all, why spend money on a product if you are not sure if it will provide a better product or more money in your pocket.

I am in talks with Unshredder representatives to have them send me a copy of their product for me to review it regarding capability of application to the PI industry. Keep looking for an update of this product in a future post. For more information on the Unshredder, go to http://www.unshredder.com.

If you have a product that you would like socalpi to review, please send it to: P.O. Box 718, Yucca Valley, California 92286 and I will give you an honest review of the product on my blog.

As of today, my blog: http://www.socalpi.blogspot.com receives over 1000 visitors a day and is ranked #15,935,013 according to http://www.Alexa.com and my website http://www.IntelligentOps.com is ranked #10,326,642.

Should Repo agents carry weapons?

2008-02-21T01:16:00.000-08:00

I recently read an article about a repossession agent who in the process of repossessing a vehicle was assaulted by the owner who sprayed him with water from a water hose. This repo agent then pulled a baton from his person and struck the owner of the vehicle resulting in the repo man's arrest by the local police. This is based on an article and has not been researched by yours truly by looking at the actual police report.

I am not a repo agent but I have conducted fugitive recovery, trained others in fugitive recovery tactics and have made numerous arrests of fugitives over a 7 year law enforcement career. I can tell you that it is a dangerous thing to recover a person who doesn't want to be recovered. I can understand carrying a baton, pepper spray or a gun when conducting fugitive recovery operations but do you really need to carry a weapon when conducting a repossession of a vehicle?

In my humble opinion, at a minimum, a Repo agent should wear a bulletproof vest but I don't see the need for a weapon. Can someone give me an example of a situation where you would need to pull a weapon on the owner of a vehicle that you are repossessing? I can't think of any situation where you would need a weapon.

Partial Review of "The New Buffettology" by Mary Buffett & David Clark

2008-01-25T07:16:00.000-08:00

THE NEW BUFFETTOLOGY: The Proven Techniques for Investing Successfully in Changing Markets That Have Made WARREN BUFFETT the World's Most Famous Investor by Mary Buffett & David Clark

I am really excited to tell everyone about this book! Although, I have only partially reviewed the book (I have read 109 of the 278 pages in 2 days!). This book is phenomenal and turns the world of stocks on its head with both authors analysis of Billionaire Warren Buffett's stock picking style. His style is called "the Selective Contrarian Investment Philosophy" and this book takes off where "Buffettology" finished.

In a stock market that is guided by shortsighted investors looking for a quick buck, "The New Buffettology" explains the intricacies involved in picking stocks for the long term. Most of the methodologies used to pick stocks the "Buffett" way go against normal human intuition and the ingrained shortsighted stock market methodologies. The Here are a few interesting topics that I have learned thus far from the book:

There are two types of stocks:

1) Price-competitive, "Sick", Commodity-type Businesses (These are businesses Warren Buffett doesn't buy) - Businesses where price is the single most important motivating factor in the consumer's decision to buy.

and

2) Durable Competitive Advantage, "Healthy" Businesses (These are businesses Warren Buffett loves to invest in at the right price!) - Businesses that have a competitive advantage that allow it to earn monopoly like profits and are durable against competitive attacks

There are two types of businesses that possess competitive advantage:

1) Competitive advantage created by producing a unique product.

and

2) Competitive advantage created by providing a unique service.

There are 2 different things that Warren Buffett looks for when deciding to buy a business:

1) High Profit Margin

and

2) High Inventory Turnover

For a stock to appeal to Warren Buffett, it must have one of the three following relationships:

1) High Profit Margin and High Inventory Turnover
2) High Profit Margin and Low Inventory Turnover
3) Low Profit Margin and High Inventory Turnover

These are just a few things that I have learned from reading half of the book "The New Buffettology" by Mary Buffett & David Clark. I give this book a thumbs up and suggest everyone who is interested in reading about the 2nd richest man in the world, Warren Buffett, read this book to learn about his investing techniques.

If you have a book that you have written and are interested in having me review it, please send it to:

Raymond Miller
P.O. Box 718
Yucca Valley, CA 92286

along with a monetary donation in the form of a check made out to: Raymond Miller. (Books will not be returned to the author)

I hope you enjoyed the review of the book and be sure that you buy this book, which can be found at your local book store

What do you need to know when hiring a Private Investigative Service?

2008-01-23T12:49:00.000-08:00

Private Investigators

Private investigators may investigate crimes, individuals, the cause of fires, losses, accidents, damage, or injury; search for lost or stolen property; and obtain evidence for use in court. They may protect persons only if such services are incidental to an investigation; they may not protect property. Private investigators must be licensed by the Department of Consumer Affairs and pass a criminal history background check through the Department of Justice and FBI.

Firearm Permits

Private investigation licensees may not carry weapons unless they have a firearms qualification card issued by the Department. They may not carry concealed weapons unless they have a permit from local law enforcement and a firearm permit from the Department of Consumer Affairs.

Choosing a Company

Private investigators are listed in the yellow pages of your telephone directory. Before you choose one, do the following:

Get the recommendations of friends.
Call 1-800-952-5210 to find out if the business or individual has a current license issued by the Department of Consumer Affairs and if any complaints are on file.
Ask your local district attorney's office or Better Business Bureau about the company.
Compare the prices and services of different companies.

Before You Sign

It is always a good idea–and in some cases it is required by law–to have a written contract. Before signing a contract, be sure:

To read it carefully. Make sure you understand all of it. If you don't like what you see, don't sign. If you don't understand it, take it home overnight. Don't allow yourself to be rushed into signing. Check it over with a friend or your attorney if you are unsure.
To ask the company to cross out words you don't like and add words you believe should be there.
To insist that it include all oral promises and written agreements between you and the company.

Canceling a Contract

If you change your mind about a private investigation service you have contracted for at your home, you have three business days to cancel the contract. (The three-day period does not apply if you purchase the service at the company office or location other than your home.) Begin counting on the day after you sign the contract. You must cancel in writing. Hand carry the cancellation letter to the company, or mail it certified mail, return receipt requested. (Be sure to keep a copy for your records.) The company must refund your deposit within ten days of receiving your cancellation, unless the contract states another time period.

Spanish-Language Contracts

If the contract negotiation is in Spanish, the company is required to give you a Spanish translation of the contract.

For Help

If you have problems regarding a contract with a private investigator, contact a private attorney or your local Legal Aid Office (listed in the phone directory white pages).

The above information came from the BSIS website located at: http://www.bsis.ca.gov/forms_pubs/bsishire.shtml

Here is some additional suggestions when hiring a Private Investigator:

Insurance

Ask the prospective private investigator for a copy of his insurance policy. If the work to be performed requires a firearm then they are required to have an insurance policy for a minimum of $500,000.

Specialty

Look for a private investigator that specializes in the type of work that needs to be performed. After all, you wouldn't go to an ear, nose, and throat doctor if you needed a Gynecologist.

Ask for work product from a similar case

When hiring a private investigator for a specific job, ask for a copy of a redacted report from a similar case. When there is video or photos involved, ask to be shown a copy of their work, i.e. a video or photos from a case.

REMEMBER, YOU ARE THE ONE HIRING THE P.I. and so you can ask whatever questions you feel appropriate. Don't just go with the cheapest because sometimes you get exactly what you pay for.

GOOD LUCK IN YOUR INVESTIGATIONS!

99 Life Lessons Learned from Quitting Corporate America

2008-01-19T08:34:00.000-08:00

This was written by someone else, Edith Yeung from Edith Yeung.com, I believe! (and I modified it a little bit with red text and fixed some typos) but it echoes my sentiments regarding the corporate world that bleeds you dry with promise of a pension that you never get! Enjoy!

In March of 2007, I said goodbye to corporate America (This was the same time that I also said goodbye to Corporate America).

Ten months have passed, I want to take the time and write down what I have learned from these past few months.

Regardless if you want to quit your job, you have already quit or you just want to read this for the heck of it.

Enjoy!

1. Stop thinking about what other people think about you. It will drive you crazy.

2. Einstein once said: Insanity: doing the same thing over and over again and expecting different results. It was time for me to quit corporate.

3. You stop being a whiner when you start doing what you love (This is so true, I am happier than I have ever been).

4. You start getting up early when you start doing what you love (I get up every morning around 5 am whether I have to or not because I can choose to work or not to since I am self-employed).

5. You start exercising everyday when you start doing what you love (In Corporate America, i.e. as an employee, I never had time to work out but now I work out 2 hours a day playing Racquetball and Tennis, also I eat healthier).

6. You know who your real friend is and who is not (I have new friends and those friends I share my business ideas and advice with because I want to see them succeed, as well).

7. Some people will give you a strange look, but who cares? (I get strange looks from people who are in Corporate America because it looks like I never work which is quite the contrary, I work all the time but I get more free time than those in Corporate America)

8. Everything in life is a choice. (I chose to be self-employed, the best decision I have ever made other than buying real estate)

9. The only opinion of you that matters, is your own.

10. Do what you love and you will never have to work a day for the rest of your life.

11. Life is a buffet. There are so many choices along the way. In order to get to one dish, you have to stay in line and make sure you choose the right line.

12. Life is not about winning, it is about how you are going to play the game.

13. Software and high-tech is not the only industry in the world. People become billionaires and millionaires making ketchup, selling hairagami or making dumpling.

14. For anything to change, I must change.

15. Hoping I am going to succeed is not the answer.

16. Have to make my unique idea somehow stick with someone.

17. Becoming an entrepreneur is about solving a problem. It is never about me and it is never about money. (I disagree with the last statement, it is always about money or why would I do it but it is also about providing top-notch service to my clients)

18. You are who you believe or say you are.

19. Do something even you are not sure about the outcome.

20. Everyone who is now in front of the line started at the back of the line.

21. Find a way to help someone everyday. Remember Godfather. (I mentor other people who are looking to get out of the rat race, btw if you get a chance to play CASHFLOW the board game, do it! It will change your outlook on finances. Before CASHFLOW, I was trying to accumulate wealth and was somewhat successful but now that I have worked on increasing my passive income through real estate and business acquisitions, I am on my way to becoming financially independent. Thanks Robert Kiyosaki!)

22. Don’t let perfection keep you away from doing. You will never be perfect and no one is perfect.

23. Most people who tell you “This is risky” have never done it before. Take advice wisely. (There are many financial advisors out there and you should be careful when picking your financial advisor, ask for some of their richest clients and set up a meeting with them before contracting for their services.)

24. Successful people do whatever it takes, not just try your best.

25. Pain is inevitable. Misery is optional. BTW – you don’t have to be miserable.

26. The only free people in this world are the ones who are willing to take risk.

27. It is never too late to become who you are supposed to be.

28. Appreciate the people around you. Don’t take anyone for granted.

29. Visualize what you want everyday. Night & Day.

30. Act and speak like you are already there. (I may not be wealthy yet but I am on my way there and when I talk, I act like I am already there and so should you!)

31. Be trust worthy for yourself. You should trust you.

32. If I don’t do this. No one will. (One of my newest business ventures is very mucky and yucky but also very lucrative. Go to IDumpsterDive for more details on this nationwide venture.

33. Act valuable to other people everyday.

34. Smile.

35. Be grateful.

36. Other people’s opinion of you is none of your business.

37. Create your own story.

38. Become a master on something. Not a master on 4000 things, but master on 6 things (per Warren Buffet) and do it 4000 times. (In my Private Investigation Business, I have become a master on 6 things: Criminal Defense, Civil Litigation, Family Law, Legal Trash Recovery Investigations, Auto Locates, and Skip Tracing)

39. Controversy drives attention. (I found this was true when I was a police officer and spoke to a reporter, they twist around everything that you say and that is why I don't speak to journalists anymore unless I provide them with a written statement)

40. Don’t try to find it. Create it. Thank you Douglas!

41. Bring a notebook and write down your thoughts anywhere anytime.

42. Leap forward for the right reason.

43. Be yourself.

44. Success will happen when your heart, your brain and your action all come together. (T. HARV ECKER says in his book, "Secret of the Millionaire Mind" that T->F->A->R which means "Thoughts lead to feelings, Feelings lead to Actions and Actions lead to Results")

45. Give 200% everyday.

46. Question what truly matters to you everyday. Is it just about the money?

47. “I only set out to get really good at something that really matters to me.” Alice Water once said.

48. Create a system for everything. Make sure everything I do now is documented and repeatable by someone else. (This will help you later when selling your business or creating a franchise!)

49. The best marketing is when people talk about you while they are eating.

50. Be a big fish in a small pond and later on jump into a big pond.

51. Don’t act too smart. Ask for help.

52. Internet is amazing. PEW research is great!

53. Bring your business cards with you at all times.

54. Practice your elevator speech.

55. Empathy. Put yourself in other people’s shoes.

56. Define your own non-negotiable values(your life principles) in life.

57. Anything worth doing is also worth failing.

58. Thank your audience.

59. Presentation is not about you. It is always about them.

60. When you see someone on stage and you said to yourself “I can do better than this guy”, you should
also ask yourself, “Why am I not there?”

61. You will always win an arm wrestle when you have a team behind you. (All of the worlds greatest leaders would not have been as great if it weren't for them surrounding themselves with the most knowledgeable advisors. The same is true in business!)

62. Create massive values for some specific money and the money will come.

63. Income does not equal profit. (It is tough going from the Employee to Employer mentality for most people, there are people who charge very little for their services and don't understand why they are not rich. They have not yet discovered that the American public believes that the more something costs, the more valuable it is. This includes services as well as products!)

64. Financial statements are not that scary.

65. Burn your boat. Remember the Battle of Hastings. (Anything that causes you to have a monthly payment is going to keep you from your goal of being financially independent, get rid of any possessions that are depreciable unless needed for your business)

66. Size of my belief determines the size of your success.

67. You can’t go forward if you look backward.

68. You can’t become who you want to be if you are still the person you were yesterday.

69. Stop being a victim.

70. Visualize a successful day everyday.

71. Nothing is impossible.

72. Promise yourself. Don’t just set goals.

73. It is okay to let everyone know what is going on with you. Otherwise, how can you expect people to trust you.

74. Build emotional equity with people.

75. If I can do it, you can.

76. If you are not on top of your game, figure out why not and do something about it.

77. The best players are the ones already in the game.

78. Let it be and mind your own business.

79. Make the decision and just freaking do it.

80. There is very little difference between people; but the little difference makes a big difference.

81. A setback is just a setup for our comeback.

82. Don’t listen to what Simon said. Great job Jennifer Hudson!

83. You can be an expert too!

84. If your mother says a six figure income is too small; it is time to quit.

86. Network and network!

87. There is a Law of Certainty: “If you do a certain thing in a certain way, certain results will always happen”

88. You can sell anything if you are solving a problem. (Some of the greatest entrepreneurs have found solutions to problems and now are among the world's wealthiest!)

89. It is possible to have both money and happiness.

90. If you can’t define your customer, you can’t find your customers.

91. Niche rhymes with rich.

92. Some people will never understand what you are doing, but that’s okay.

93. Take and accept the compliment you deserve. Give yourself some credit. You are probably just better than who you think you are.

94. Give out your best products for free! (Once in a while, you can offer a free trial of your service or product if it will bring you more business!)

95. Write everyday!

96. Learn from people who have done it and been there. (Find a Mentor in the business community who is willing to share their secret to success. Their friendship is worth more than anything you can purchase.)

97. Take pictures of everything. Pictures are worth at least three thousands words.

98. Thank God for the internet! Did I say that already?

99. What you are doing now is not new. Someone else has probably done it before. Just seek and you shall find. (Sometimes, if you can find a easier or more financially feasible way to do something, you have found your niche! Time to market it and sell it!)

Until next time. Live your dream! Be Successful! Be Rich!

The job of a Criminal Defense Investigator

2008-01-16T01:25:00.000-08:00

I am sure that most people are curious what the job of a Criminal Defense Investigator consists of. Here are a few examples of day-to-day activities of a Criminal Defense Investigator from the start of receiving a case from an attorney:

1) Log the case into the database
2) Write down all important court dates on the calendar
3) Review all items pertinent to the case
4) Make a list of items for discovery
5) Make a list of tasks that need to be accomplished such as re-interviewing a witness, visit the crime scene, etc.
6) Accomplish listed tasks
7) Put together a(n) investigative report(s) for the attorney including any attachments such as photos, drawings, finger prints, etc.
8) Be available on days of court hearings for additional investigative tasks from the attorney.
9) Be ready to testify, if called by either the prosecution or the defense.

Quite a few people have asked me what the role of a Criminal Defense Investigator is. Some people would say that it is to interview witnesses, review the report and conduct any other type of investigative techniques that would benefit the client. While I agree that the role of a Criminal Defense Investigator is to do the tasks listed above, there is another role that is not often spoken about but plays a part in almost every criminal defense case.

Most people forget that when you are working as a Criminal Defense Investigator, you have a second role and that role is to investigate each case with your goal being to gather evidence that would either mitigate the offense or if possible, exonerate the defendant of all charges.

The goal of a Criminal Defense Investigator is to gather evidence to disprove the prosecutions case and in essence, you are "muddying the waters." If you don't think that a Criminal Defense Investigators job is to "muddy the waters" in a case then to prove your point, your next interview that you do should encompass every portion of the incident. If you do an all encompassing investigation, see how long you work in this field. Most attorneys have certain questions that they want answered and that is all they want you to do. As in all occupations, find out what your employer, in this case the attorney, wants and give it to him.

As a Criminal Defense Investigator, you have different types of reports that you can submit to the attorney. One of those reports is a topic-limited report. This type of report supports your clients innocence and prevents a witness from revealing information that would be otherwise damaging to your clients case. Wouldn't this be "muddying the waters?"

Is it important to find the person who is responsible for the crime in a case where you feel your client is truly innocent? Of course not! That is the job of law enforcement. A Criminal Defense Investigators job is to locate and provide evidence to the attorney that he can present to a jury causing reasonable doubt that the accused has committed the crime. Isn't this also "muddying the waters"?

I don't think that providing evidence that creates a smokescreen is unethical when your job is to provide evidence to an attorney whose job is to zealously defend his client. What is that I said?

"A Defense Attorney's job is to zealously defend their client"

I don't see anything that says "defend their client only if they are innocent!" There also isn't anything that says "an Attorney should defend a client unless they are guilty!"

In conclusion, the job of an investigator is to provide the Defense Attorney with the tools to do his job effectively. In this instance, those tools are evidence provided to the attorney to assist in his effective assistance of the defendant in their defense to criminal charges. After all, no Attorney wants to be accused of IAC (Ineffective Assistance of Counsel), which is why so many Criminal Defense Attorneys hire Criminal Defense Investigators to assist in their cases.

2007-09-23T15:57:00.000-07:00

I found the following article on the internet and thought that I would comment on it. My comments are in red. You can find the article at: http://www.contentmart.com/articles/25820/1/Private-Investigators/Page1.html

A Private Investigator is a professional trained in the art of investigations and surveillance. Otherwise known as Private eyes or Private eye detectives, these professionals are for hire 24 hours a day 7 days a week. Many investigators have backgrounds in CIA, FBI, military, special forces, police, and government. I assume you all have heard of the famous Sherlock Holmes, and his trusty side-kick detective Watson. They were a type of private investigator. Today's private investigators use modern technology along with investigator training to serve the public and attorneys, police investigations, insurance investigations, and so much more.

Here is a list of the different types of investigations that can be done. Almost all of them are undetectable and
non-traceable if done by professionals.

1. Surveillance - monitor someones every movement.

2. locate a person

3. Track cell phone usage and position (Tracking cell phone usage is illegal in almost every state that I can think of except when locating someones cell phone bill in the trash during a trash recovery operation)

4. Infidelity investigations

5. Find someones current employer

6. Find a person by a utility company

7. Database record searches / Background investigation - Dig up information like, employment status, civil history, criminal history, medical history and other specific research

8. Child custody disputes - Acquire proof that a person isn't fit for custody.

9. Telephone number investigations

-Non-Published Number

-Cell Phone

-Telephone Number

-Disconnected Number

-800/888/877/900 Number

-Pager Trace (Do people still use these? Get with 2007 technology, Cellphones and PDA's)

10. Internet Surveillance & Monitoring - Find out what sites are being visited by a person, read their emails and forum posts, keylog and more (Surveillance on someones internet activities is a violation of privacy, even cops have to have a court order to spy on someones computer except for certain circumstances.)

11. Business Help - Employment screenings, loss prevention, and employee investigations, insurance fraud, tenant screenings.

12. Attorney services

13. Photography and videography - Get pictures and videos of who ever, when ever.

14. Victim assistance - When the police just ain't cutting it for you.

15. Nanny cams/hidden cameras - Make sure you can trust your kids, or caretakers.

16. Trash recovery - Investigate someones garbage.

17. DNA/Paternity testing

18. Polygraph testing

19. Executive protection (Body guards/ escort services) - Unarmed or armed. High profile, or low profile.

20. Collect child support payments - Cant find the mother or father? Find them and get money that's lawfully yours.

21. Electronic countermeasures, or counter eavesdropping - Make sure your employees or outsiders are not monitoring you!

22. Accident scene investigations

23. Special assignments - Anything else you can think of, Professional Private Investigators can usually do.

(except help kill someone)

There are certain rules one must follow when choosing a personal investigator. When finding a private investigator, make sure they have a private investigators license. Also keep in mind that the work that a private investigator does is strictly confidential and stays between you and them. So if the person you're talking to doesn't guarantee confidentiality, then don't bother talking to them again. Another important thing to keep in mind is that all investigators need to be insured. This way, while they are uncovering information that YOU hired them to, and they happen to harm someone, break, or damage anything, then you are not held liable for compensation. A reputable investigator should have no problem presenting a certificate of insurance coverage for you to review and verify. Finally, make sure you get a contract done up, and you read it very carefully. These things will protect you, and help you find a reliable and trust worthy personal investigators.

About the Author

Tyler Falls helps run numourous informational sites and also works for a private marketing firm. Hes available to hire for advise on anything from vitamins, detox and health related topics to website marketing and promotion

I enjoyed Tyler's post and any comments made are my own professional opinion and are not legal advice so ensure you consult a lawyer before you take mine or Tyler's advice regarding investigative action.

I will be teaching the Tactical Takedown Course for UARA 2008

2007-09-23T15:48:00.000-07:00

United Association of Bail and Recovery Agents (U.A.R.A) July 2008
Lake of the Ozarks, Missouri

Here is a listing of the 2008 Meetings Speakers for Education. All agents certified will get a Certificate From UARA for the Training they receive. Some classes will require a small fee to be able to cover costs.

Randy Dinwiddie : President UARA: "Grow your business professionally" Applications being accepted for new agents

David Platt Certified Hand Gun Training 6 Hr. Class

Michael Howk RSIG Repossession Legality and the value of being protected

To Be Announced Tactical Training, PepperSpray, Cuffing, Forced Entry, Room Clearing, Surveillance, Cooperation with LEA

Scott Olson National Institute of Bail Enforcement Basic BEA Training (Contingent)

Tim Buck Professional Skip Tracing

Raymond Miller Tactical Take Downs for Bail Enforcement Agents

For more information, go to:

http://www.allbounty.com

*There is a 150.00 per person fee that covers classes. All persons attending the class will be charged this fee. Those who show up without paying the fee will be required to pay it when they check in.

Fugitive Recovery Investigation

2007-09-23T15:21:00.000-07:00

I know what you are thinking... FUGITIVE RECOVERY??? Is there anything that this PI doesn't do? Well, as a matter of fact there are two services that I don't do.

Repossession of Vehicles - Because I don't have a death wish! JK I don't have the experience required to have a REPO license in California.

Security - I don't do Security because it is very competitive in California and very expensive for insurance. I would make more money not getting involved in Security work and sticking to investigative work.

Did I mention the Trash Recovery and Dumpster Diving service that I started called, "I Dumpster Dive!"? There is a write up by a fellow PI who has been in the biz for over 20 years. Here is a link to the article.

http://blog.a1peoplesearch.com/index.htm

I would like to thank Patrick Baird for writing about my business and would like to point the rest of you to his blog which is very informative for wanna-be investigators, beginning investigators, and veteran investigators alike.

BACKGROUND ON FUGITIVE RECOVERY:

While I am not going to go too deep into the background on fugitive recovery, I would like to explain the way that Bail works. Bail is set at the courts by the judge at arraignment and is usually set according to the type of crime, possibility of flight risk, etc. An example of Bail is $50,000 bail for Felony Spousal Abuse. The family of the accused or someone else who wants to accept responsibility for the accused showing up to court pays the bail bondsman 10% of the total bail. In this case, $5000 plus due to the amount the bail bondsman may also require collateral of some type, such as a house, car, jewelry, etc.

If the accused doesn't show up to court then the bail bondsman hires a BEA (Bail Enforcement Agent) or a FRA (Fugitive Recovery Agent). In the state of California, due to high risk in fugitive recovery operations, most BEA's or FRA's are Private Investigators licensed by the state of California.

The BEA or FRA locates the accused who is now a fugitive, apprehends the fugitive and brings them to the local courts in order to exonerate the bond. The BEA or FRA at that point has done his/her job and is paid 10% of the original bond, i.e. 10% of $50,000 is $5000 plus expenses if the fugitive is located outside of the state of California. That is a brief down and dirty on Fugitive Recovery and I will make sure that I go into more detail after I get some much needed rest.

Back to my story... I was told by someone on a fugitive recovery forum about 1305(g) proceedings in California as an alternative to transporting the fugitive and I have now realized the ease of using this technique for out of state or out of country locates.

In the state of California, there is a penal code 1305 subsection g which states:

(g) In all cases of forfeiture where a defendant is not in custody
and is beyond the jurisdiction of the state, is temporarily
detained, by the bail agent, in the presence of a local law
enforcement officer of the jurisdiction in which the defendant is
located, and is positively identified by that law enforcement officer
as the wanted defendant in an affidavit signed under penalty of
perjury, and the prosecuting agency elects not to seek extradition
after being informed of the location of the defendant, the court
shall vacate the forfeiture and exonerate the bond on terms that are
just and do not exceed the terms imposed in similar situations with
respect to other forms of pretrial release.

Here is my first Bail Recovery case: I tracked the guy to Mississippi, contacted a Bail Agent in the area, was contacted out of the blue by the Fugitive's son who I explained the 1305(g) procedure to. The fugitive and the bail agent are in Mississippi taking care of business as we speak and it was all done from my office chair!) Pretty cool!

The first thing that I had my client, the Bail Agent do is to contact the District Attorney to get paperwork on whether they wanted to extradite, (they didn't want to extradite). I was getting ready to fly down there myself when the son called this morning. The fugitives biggest fear was losing his house that my BA had and was getting ready to record the deed if I wasn't able to get the paperwork filled out.

I sent the BEA a letter from the DA stating that they will not extradite my fugitive, a 1305(g) PC form, and all of the paperwork.

My BEA went to the Police Station and they refused to sign the form verifying that the fugitive is the same person listed on the warrant. The Detective was given the DA's letter and the paperwork, they had procedures and ran him through NCIC.

Here is the problem: In NCIC, the warrant says "Will Extradite." The Police Department contacted the Sheriff's Department's Wants and Warrants section where they were told by a clerk (not the DA) that the DA letter is a forgery, that my BEA was trying to trick them and that we were in a conspiracy, especially the PI Raymond Miller, who was orchestrating everything.

They had a few cops run out into the waiting area, throw the fugitive into handcuffs and then threaten my BEA with arrest for trying to trick them. My BEA stood his ground and kept his cool.

I had my Bail Agent here in California call the Supervising DA and the Supervising DA explained what happened, "Wants and Warrants made a mistake, They WILL NOT and DO NOT extradite unless their is a very serious charge, i.e. Murder.

I am now working on getting the booking paperwork, an affidavit from the BEA in the other jurisdiction, and hopefully a signature or memo from the booking agency to provide to the CA agency.

Here is an update:

I contacted the Sheriff's department in Mississippi to find out if they have released the fugitive. The Sheriff's department in Mississippi said that they are going to hold him until the Sheriff's Department in California contacts them.

I contacted the DA in California who said they were not going to extradite. I was told by the DA in California to contact the Wants and Warrants division of the Sheriff's Department in California. I contacted the Supervisor of Wants and Warrants in California. She was very rude and told me that she was not going to contact the DA's office in California and they need to contact her. I advised her that someone in Wants and Warrants told the agency in Mississippi that the letter from the DA was a forgery and for them to lock up my bail agent and to contact the other agency to arrest me for conspiracy. She raised her voice and got even more rude to me instead of apologizing for their screw-up and obvious lack of training. I told her that since they told the Sheriff in Mississippi that the DA was going to extradite, they are going to hold him until they hear otherwise from California. She told me to have the DA in California call her and snapped at me some more so, I hung up on her and called the DA in California.

I spoke with the DA in California and explained to him what the content of my conversation was like with the Supervisor of Wants and Warrants. He agreed to contact the Supervisor in Wants and Warrants to remedy this situation.

I called the DA in California back a half hour later and was told that the fugitive signed a paper for voluntary extradition and that the Sheriff in California was making arrangements to bring him back to California. They are waiting to hear from the Supervising DA in California whether or not they are going to continue with extradition proceedings.

After my client, the bail agent, spoke with her attorney, I had the BEA get a copy of the booking and the newspaper from today that has this incident in it to send to me.

The attorney is going to attempt to use this documentation at the hearing 10 days from now and hopefully after 3 months of work, it will finally pay off.

I am going to make an appointment with the department head over the Supervisor of Wants and Warrants to get a memo or letter sent to the department in Mississippi in an effort to restore normalcy in relations between the BEA and the police department. My secondary reason for making the appointment, is to hopefully have an internal investigation initiated on this whole miscommunication to prevent this type of thing from happening again.

I know this isn't over yet but I would like to show recognition to: Chip Mills from Rapid Release Bail Bonds in Hattiesburg, Mississippi for all his help on this difficult case.

By the way, the reason that we didn't snatch this guy up and bring him here to California is because of 2 reasons:

1) The fugitive is in bad health and probably would have health complications on the way here which would incur health costs as well as possible civil litigation if he were to die while in transport to California.

2) The client did not want to incur the expenses involved in transporting the fugitive here.

I think that this case is the reason why only those that really enjoy fugitive recovery, stay in the business. Call me a glutton for punishment but I am still going to stay in the BEA business and can't wait for my next assignment.

3RD UPDATE (and hopefully next to last):

The DA in California has decided not to extradite and is in the process of working out a way to release the fugitive.

There are a lot of departments involved that are "up in arms" over what happened. I can tell you what happened, the system doesn't work, never has worked, and this is just another example of how screwed up our courts are in California.

It is no wonder that the government can't catch Osama Bin Laden, they need to subcontract some REAL MEN, BEA's to go find him and bring him to justice without all the political BS.

The bond is for $55,000. The reason that the client had me locate the fugitive is because the county wouldn't let them record the deed to his property. This has turned into a complete mess but I see the light at the end of the tunnel.

They are planning on releasing the fugitive tomorrow and the BEA is in the process of having the 1305(g) PC paperwork filled out as well as the booking sheet and a newspaper.

Not getting paid by the client is a real possibility for most BEA's but where I live, there is no other BEA's that are willing to go into the area and apprehend fugitives.

The reason that I had to locate the Defendant is because he skipped on the original bond and it is scheduled for forfeiture on October 10th, 2007. Most importantly, since he skipped his bail, I followed him to another state otherwise it would have been a major logistical nightmare without pending forfeiture proceedings. BTW, because of overcrowding in California, OR's (Own Recognizance Bonds) are the norm here to assist in relieving the jails overcrowded population.

In Southern California, there is a large competition between Bail Agents that causes quite a few to write Bail for little to nothing down and/or no collateral. This state of the industry has caused many Bail Bond companies to go out of business and left the surety (Insurance companies that write the bonds) with the responsibility of locating fugitives from the defaulted bail bond agencies.

In my opinion, Southern California is not a good place for Bail Agents at the moment but it is a great place for an entrepreneurial BEA.

Pro Bono Criminal Defense Case

2007-09-05T06:52:00.000-07:00

I recently took a Criminal Defense case on Pro-Bono. This case involves a man that was incarcerated back in 1987. The case is a wrongful conviction and there isn't anyone that has offered to help this guy that is interested in helping Pro-Bono.

Maybe I am old fashioned but what happened to people that help people without expecting something in return. I am not extremely busy working other cases but I am busy enough to work a Pro-Bono case for this guy. I am in the process of re-contacting everyone in the case as well as some new witnesses that have re-surfaced. This is going to be an arduous task but it will also get my foot in the door to work Criminal Defense Investigations.

Here is a link to the case through the Innocent In Prison Project International (IIPPI) :

http://www.iippi.org/inmates/california/michaelreeddorrough.html

Public Corruption

2007-09-05T06:22:00.000-07:00

I have recently accepted a case involving corruption within a Southern California city. The premise of this investigation is based on the Abandoned Vehicle Abatement Program. If anyone has ever tried to get information out of a municipality for a pending lawsuit, then you know that it is like pulling teeth.

The first problem is trying to find someone to accept responsibility for oversight. I traced the oversight or lack of oversight to the State Comptrollers Office.

I wanted to find any documentation based on the amount collected through the program and where or who the funds are disbursed.

BOTTOM LINE with this case is that I am attempting to prove the city's knowledge or allowance of their Code Enforcement Officers to steal cars from people's residences under the auspice of the cities Abandoned Vehicle Abatement program.

In this case, the state, county, or city don't want to accept responsibility for this program that basically has no oversight or repercussions for not following the established procedures.

My question is: If the police, code enforcement, and the government is there to protect us, then who protects us from them?

More to come on this interesting case...