Virginia Private Investigator's Weblog

Private Investigations in Virginia are About to Get a Lot More Expensive

Versatek — Wed, 12 Jan 2011 00:11:37 +0000

Real-time GPS has made surveillance of subjects of private investigations more cost effective and safe. A private investigator no longer has to wait for hours outside of a residence or a place of employment to attempt a traditional vehicle follow. Vehicle follows are difficult in high traffic areas and somewhat unsafe because by their very nature they are distracted driving. I sent the following email to my law makers and want to share it with everyone. Please take it with a grain of salt.

Gentlemen,

Senate Bill No. 599 if passed as currently written will not be in the best interest of the people of Virginia. I applaud the bill for exempting Law Enforcement from restrictions on placing tracking devices. I would like to see that language strengthened to allow placement without court order. I feel that the real-time GPS tracking device eliminates the need for costly police surveillance. It is no different than having a few police officers conducting surveillance and following subjects of investigations. Besides the obvious cost savings of placing a GPS tracking device on a vehicle of a subject of an investigation compared to traditional surveillance a GPS tracker is much safer than attempting a tradition vehicle follow on the busy roads and highways of Virginia.

Fairfax County police used GPS without a warrant on over 46 occasions and stopped a serial rapist.

http://www.washingtonpost.com/wp-dyn/content/article/2010/09/07/AR2010090706648.html

I think that the use of GPS certainly served the interest of the public in this case both financially and from a public safety standpoint. The GPS was simply an inexpensive proxy for a police offer or many officers conducting traditional surveillance. If one could make the argument that police officers following a subject covertly violate that person’s privacy that same person must find that installing a GPS without a warrant also violates a person’s privacy. The reasonable person would say that police should be able to follow the subject of an investigation covertly and conduct surveillance on a subject. That same person must also come to the conclusion that a GPS tracking device can serve as an inexpensive more efficient replacement to the traditional operative. Technology is improving the entire process and making it less expensive.

Private Investigators in Virginia are required to initially obtain 60 hours of VA DCJS training, pay an initial application fee, obtain DCJS fingerprint cards, and pay for a FBI fingerprint print check. Before that person can work on any private investigation he must be employed by a company that has a VA DCJS Private Security Business License. In order to obtain a VA DCJS Business License the company must employ a VA DCJS Compliance Agent that must meet certain eligibility requirements, be trained, apply, and pay fees. In order for an investigation to occur the firm needs to have a written contract with the client. Private investigators have been regulated by the VA DCJS for a very long time compared to bail enforcement personnel who have only recently been regulated by the Department.

The current bill states “3. A bail bondsman or bail enforcement agent licensed by the Department of Criminal Justice Services acting in the course of his legitimate business.” It seems to me that the bill should also state “4. A private investigator registered by the Department of Criminal Justice Services acting in the course of his legitimate business with a written contract.” I purposely changed the word licensed to registered because I believe VA Code states only private security companies may be licensed and individuals are registered.

With a GPS tracking device installed an investigation will likely yield results much sooner and much more efficiently than traditions methods. Traditional methods involve following a subject usually while they are in a motor vehicle. I think that these “covert car chases” have the potential to create unsafe situations, especially in the extremely crowded conditions most areas are in nowadays. There has been more than one occasion where a mother of four has contacted our firm to obtain evidence that her husband was being unfaithful for the purpose of obtaining a divorce and possibly a better outcome in court. Obtaining the type of evidence needed for this type of litigation is both difficult and expensive to obtain with GPS. Many firms will use GPS if the client owns the vehicle. Using a GPS a case like this usually costs around $2,000. Without a GPS I imagine it is likely to cost between $6,000 and $10,000. This will price many people out of being able to obtain personal justice or for them to simply know the truth. The GPS would simply be a proxy for a group or multiple expensive investigators in very much the same way a GPS is an inexpensive proxy for police officers conducting an investigation in the interest of the public.

A bail bondsman is in the business of making money for their private interest. They are not an agent of the state. If private investigators should be excluded from this bill so should bail bondsman. The police truly have the responsibility of bringing a fugitive to justice. A bail bonds is serving a private financial interest though it also may be in the public interest. By excluding private investigators in this bill the client will ultimately be hurt, and usually clients are simply seeking personal justice and the truth.

I implore you to amend the bill or vote against it in its current form. The simple addition of “4. A private investigator registered by the Department of Criminal Justice Services acting in the course of his legitimate business with a written contract.” would make this bill acceptable.

Respectfully,

John K. Leonard Jr., CPP, CISSP

VersaTek, LLC
http://www.versateksecurity.com
p:(703)-362-7219
f:(703)-496-4758

Please note: I am not an attorney and I do not give legal advice. If
you are seeking legal advice, contact an attorney.

Private Investigation Sample Report and Forms

Versatek — Sat, 03 Jul 2010 16:16:28 +0000

I recently completed a sample report. I plan on completing more for different types of jobs. If you would like to see the sample report please go to http://www.versateksecurity.com/Samples_and_Documents.html.

GPS tracking DIY (Do-it-yourself)

Versatek — Sun, 24 May 2009 02:20:01 +0000

Recently I’ve found that there has a serious increase in interest in the cost of private investigators. I think in these difficult economic times folks are not able to afford many services they once purchased. In speaking with people I have found that many are keeping track of their children using family locator plans offered by major cellular providers. Some people are even allows others to follow them on social networking sites like www.twitter.com. The following website is a good site for learning about GPS tracking. It includes many informative links and passages. www.usa-gps-tracking.com

Virginia Private Investigator

By: John Leonard, CPP

Key Logging Software and Wire-tapping

Versatek — Sat, 01 Nov 2008 17:29:24 +0000

There are a lot of key logging software programs out there. I have seen some of them work and and have been really impressed. These programs will take screen shots, log typing, and some will even record audio through the microphone on the computer. Some programs even allow you to view video remotely from another computer through the web camera. There is a definite problem with using this software though. You could be violating state and federal wire-tapping laws.

The computer is very much like a telephone in that two people are having a private conversation. Corporations that use these programs often post monitoring warnings and have employees sign policy documents that the employee knows they will be monitored. These corporations would most likely be found to be operating with in the law. Many companies save every single email sent from their Outlook servers. I know this has been the case since at least 2001. I stumbled upon the recorded logs while searching the network for a printer for a company I was working for at the time.

As far as the typical infidelity case a judge will sometimes allow the evidence gathered despite the fact that it may or may not have been obtained legally. I think that this can certainly sway the outcome of a case. The issue is that once this evidence has been entered as record it may be used a irrefutable evidence of wrong doing in a prosecution against the person who gathered it. I am unaware of this happening.

It is extremely important to note that anything disclosed to a private investigator does not fall under the same protection as information disclosed to your attorney under attorney-client privilege. I’ve been told if the investigator is a member of a litigation team then this protection is afforded. I am not sure because attorney-client privilege is a highly debated issue. In any case it would not be wise to disclose any illegal activity to a private investigator. They are sometimes called to testify in court, and could be asked compromising questions. They are bound by the oath to tell the truth, and will be most likely never be able to investigate again if it has been found that they have committed purgery.

In conclusion one must be very careful how they gather intelligence so as to not break the law.

By: John Leonard

Private Investigator Pricing and Cost in Infidelity Cases

Versatek — Sat, 12 Jul 2008 20:24:53 +0000

Since I’ve started this Blog the majority of people reading it and the majority of people in contact with the office seem to be most concerned with cost. I don’t blame people for being concerned with cost. I think in these uncertain economic times people are more concerned with spending money than they would be in a prosperous economy. When considering the cost of an investigation a person needs to consider the value. Here are some things to consider:

If an investigation is not performed will it cost me more because my lawyer is going to have to spend more time in litigation?

Will I have to pay spousal support if I can prove my spouse is cheating?

Will I get more spousal support for a longer period of time if I can prove my spouse is cheating?

Will I be able to settle the divorce out of court if I prove my spouse is being unfaithful?

All of the above should be considered when a person ponders the cost of a private investigation.

By: John Leonard

Private Investigation Locating People Skip Tracing

Versatek — Thu, 10 Jul 2008 15:50:40 +0000

Often times when some one wants to locate someone they turn to online internet database searches. I think that these databases are often very helpful. They are especially helpful in a situation where someone does not move around often. When these online databases do not work people often turn to private investigators to find people. Besides private investigators, bail bonds people, automobile repo people, collection agencies, and others are adept at performing skip traces. People or entities performing skip traces simply have access to databases that many other entities do not have access to. They also may have proprietary means of locating people. Some of these proprietary systems have involved pretexting (pretending to be someone else) and have landed many in hot water.

By: John Leonard

Private Investigator Testimony in Court – What’s it Worth?

Versatek — Thu, 03 Jul 2008 21:16:07 +0000

I’ve worked on a very large amount of cases. I’ve only testified in court once. How is that possible one might ask. Well with modern equipment and techniques there is little reason for a private investigator to testify in court. On the off chance that something is observed and not recorded to video or still photos a private investigator must document the occurrence in their report. One would think this would be cause for a PI to be called into court. Usually other occurrences are documented on film that support the written report and thus eliminate the need for a private investigator to give testimony in court. Because of the nature of private investigation few clients wish to bring up the events of an investigation after the fact even with the private investigator. I think some people may be embarrassed but many probably simply wish to move on with their lives. I have often times wondered how things have turned out for my clients. At the end of the day though I usually have a pretty good feeling that the tide is in their favor. A good investigation and report can often lead to settlements of disputes before an action is heard in court. Really there is no good answer to the worth of testimony given in court. It is going to vary dramatically from case to case. This can be said, there is great value in the documentation of evidence and a clear and concise report.

By: John Leonard

Email Scams

Versatek — Sun, 29 Jun 2008 13:48:41 +0000

Once in a while I will get a request to conduct some research on someone in another country. Sometimes these requests are founded and other times they are not. The reason for these requests are often email scams. These scams are also referred to as Nigerian scams because many of them originate in Nigeria. The website http://www.419eater.com/ actually pro actively fights back against these scams. These email scams usually involve some type of inheritance scheme, million dollar bank transfer, sweep stakes contest, offer to be a company representative, and many other situations. The majority of these schemes prey on a person’s ignorance and greed. Some simply ask you to send money to help them. I have over 100 examples of these scam emails on my website. I doubt this article will help anyone, but if you know anyone who is new to the internet please do not assume that they will not fall for this scheme. Make sure you educate your friends and family. I read an article where someone committed suicide after falling for one of these schemes. They lost over $400,000 to the scheme. Also be weary of offers of employment from Asian based companies. No one just offers someone employment over the internet.

Another scam involves sending people money orders for more than they are supposed to then requesting the balance from the transaction be mailed to them. This might happen on a roommate site or auction site. They will make up a story about how they got the money order for a previous deal that someone else backed out of and request you send them the balance from the transaction. When you deposit the money order the bank credits your account. You write a check for the balance and mail it off. A couple weeks later the bank finds out the money order is a forgery. They take the money out of your account, but before that happen the scammer already cashed your check.

Bank scams are also very popular. No matter what never go to a website from an email claiming to be from your bank. Even if it is from your bank just don’t do it. These scams are a full-time job for someone. They are getting more and more sophisticated. They will even go so far as to look up profiles and emails by city and state. Then they spoof the website of a small local credit union or bank. When they are finished with that, they will send you an email that you have been locked out of your account. Don’t click on the link.

Where are the police in all of this? Well they will never really get to the bottom of who received what in most cases. It occurs on foreign shores. It is basically a waste of time for them.

By: John Leonard

Changing the locks when the spouse moves out

Versatek — Wed, 25 Jun 2008 01:13:13 +0000

Many people think that simply changing their locks will prevent someone who once had access to the house or home from gaining entry. Guess again. Many vindictive people will enter the prior residence for mischievous purposes. How do they do it? Well, they call a locksmith and tell him that they have been locked out of the house. Locksmiths have different policies about unlocking vehicles or houses. Some require the client to produce a driver’s license or identification card showing the address you need to have unlocked. Some will ask if there are photos of you inside the residence. In any case sometimes they will unlock a residence for someone. Then the games begin.

How do you protect yourself from something like this happening to you? Call a locksmith who installs bump-proof, manipulation resistant, or special high security locks. Having a properly programmed alarm panel will also alert you to unauthorized entry. So you might want to change the pin codes or have one installed at your residence if you do not have one.

By: John Leonard

How do I Know if my Spouse is Cheating?

Versatek — Wed, 25 Jun 2008 00:14:36 +0000

Basically the number one way to know that your spouse is unfaithful may be to rely on your intuition. I have listed some behaviors that may or may not elude to an unfaithful spouse. Excessive or secretive internet activity Spouse has possession of prophylactics or contraceptives Habits in grooming and hygiene change Sudden interest in going to the gym or exercising Decreased or no sexual activity with spouse Hidden cell phone You receive hang up calls Works late all the time Comes home extremely late or spends the entire night somewhere other than the marital residence Uses prescription erectile dysfunction pills (but not with you) There are many other signs besides the above listed, but just because someone exhibits this behavior doesn’t necessarily mean someone is being unfaithful. They are simply a list of behaviors that many people I have consulted with say their unfaithful spouse exhibits.

By: John Leonard