Legal Investigation

How to Find Former Employees – An Investigators Guide

Private investigators are frequently called upon to find current and former employees of a company. These searches play a large role in investigations tailored to litigators and investors. Employees are often the best sources of information for insider knowledge of corporate culture, company structure and relationships, policies and procedures, and even potential malfeasance by individuals within the organization.

These searches are also hugely important for in-depth employment background investigations. Particularly for C-level and other high profile positions, potential employers should be encouraged to go beyond the few hand-picked, and often well-prepped, references provided by a candidate. Who better to shed light on an individual’s productivity, capabilities and work ethic than former colleagues?

There are a number of techniques and resources used by investigators to locate current and former employees.

The Internet – Looking Beyond Google

Company Website

This may seem like a no-brainer, but this most obvious source of information is commonly overlooked. Frequently websites contain management team profiles and information regarding the organization’s Board of Directors. Websites also may have links to press releases that often contain hiring information for key employees. In fact, on one occasion, I found a spreadsheet of more than one thousand current and former employees through s search on a company site. No kidding.

Archive.org

This website is one of the best tools around for comparing a company’s current website, particularly lists of executives or directors, to historical snapshots of the same site. Just find the company’s management page, then look at all of the historical snapshots of that page and you will find a gold mine of information.

Professional Organizations

Review professional organizations relevant to the field, some of which maintain online membership lists. At times even an online conference bulletin may provide helpful intelligence.

Media

Search historical articles in newspapers through their website or USNPL.com or more powerful fee databases like Lexis Nexis.

Resume Databases

Searches using resume databases (e.g. Monster.com) may no longer be as appealing as other options due to the cost, workforce shifts to social media networking (e.g. LinkedIn), and increasingly restrictive Terms of Use for these databases, but they can still provide a treasure trove of information.

Social Media – More Than Just LinkedIn

LinkedIn

Of all of the social networks, LinkedIn is the center of the universe for business purposes with more than 250 million active members. The trouble is that LinkedIn has started putting some of that information behind a paywall, making it more difficult to access. There are literally entire websites dedicated to mining LinkedIn, so we will not go into too much detail, but here are some of the basics.

The first step in using LinkedIn is to check to make sure your privacy settings are correct. This may mean that you change your identity to private while conducting employee searches. You will also need to consider that a basic search often won’t yield sufficient information. If you’re seeing a shell profile, it may just be the “public” profile. You can often access more detailed information by either reaching a profile through the “People Also Viewed” section on another employee’s profile.

The best tip I can give you? Get a strong command of the “site” Google search command. This frequently provides links to more individuals than you can find through other sources.

Facebook, Twitter, Instagram, Tumblr, and Pinterest

Current and former employees may follow the company, comment on the company’s posts, or be included in photos or other posts by the company. In one recent investigation, the only information we uncovered to support an individual’s former position as CEO was the label on an Instagram photo.

Public Records

Professional Licenses / Regulatory Agencies

Check with relevant licensing organizations, which may include employee information with license details.

Corporate Filings

Secretary of State records often contain lists of current and historical officers/directors and member/managers.

SEC Filings

Using Edgar or other online sources, SEC filings such as 8-K and 10Q reports may provide biographies for directors and executive management, press releases, and the names of other current and former key employees.

Litigation

Has the company sued a former employee? Has a former employee sued them? Are other individuals named co-defendants with the company in an action? Litigation documents may provide not only the identity of former employees, but also other critical information about the subject under investigation.

The above are some of the techniques that have proven to be invaluable to private investigators, but they also have relevant applications in human resources, recruiting, and competitive business intelligence. Using these easily accessible tools will aid in peeling back the layers and finding potentially useful contacts in nearly any type of inquiry or investigation.

November 12, 2013/by Brian Willingham

Legal Investigation

Hello, My Name Is Brian, and I Am a Recovering Private Investigator

A little more than 12 years ago, in one of my first weeks on the job, I was speaking with a colleague named Jeff. He had been a private investigator for more than five years. He said that when people asked him what he did, he replied that he was a garbage man.

I could not imagine why on earth he would want to do that. Private investigators have pretty cool jobs. At least that is what I always thought to myself. So I asked him.

“I got tired explaining to people what I did,” Jeff told me. “Besides, private investigators don’t have the best reputation in the world. You’ll find out soon enough.”

It’s taken me a while, but I finally understand.

While I used to get giddy telling people what I do for a living, I don’t any more.

In fact, I try to avoid it.

Jeff is not the only one. I know many licensed private investigators who like to call themselves fraud examiners, corporate investigators, or investigation experts. They think the stigma of being a private investigator costs them work.

A friend of mine who owned his own investigative firm in California hung up his investigative cleats to pivot his career in another direction. He’s been looking for a job for more than a year. Despite the fact that he’s one of the most talented people I’ve met in a while, he thinks that he can’t find a job because of his former investigative experience.

Just pick up the newspaper—you can easily find all kinds of sleazy examples of private investigators. In the past month, there were stories about an investigator on trial in the United Kingdom for hacking into cell phones, an investigator in Georgia who got busted impersonating an officer, and a Connecticut private investigator who was convicted of bribing a witness.

Or there’s the story of Christopher Butler, the former police officer who is serving eight years in jail. He thought it was a good idea to hire attractive women to lure men to bars, get the men drunk, and then have the men pulled over and arrested.

Or the story of private investigator Bob Cohn, who had the guts to call banks claiming to be an “investigator” asking about bank account information; he somehow was only “technically” violating the law, which explicitly says that you can’t do this. Thankfully, he changed his policies, but only after he obtained information for one of his clients that left two people dead.

Private investigators even get bad-mouthed among their own peers. At a conference of fraud investigators just a few months ago, speakers at few of the breakout sessions had no problem slamming private investigators. One speaker told a room of a few hundred “fraud fighters” that he didn’t like hiring private investigators because they were “shady.”

I am on private investigator message boards, in which nearly every day private investigators ask if anyone has a “source” to get some type of information that can only be obtained by illegal pretexts or some other shady, most likely illegal, way.

No wonder why 95 percent of the people we polled think that private investigators break the law and are “shady.”

Maybe I am sensitive to it. Maybe I should start telling everyone I am a garbage man. Or maybe I shouldn’t pay as much attention.

But I do.

It’s my profession. And I am still not all that comfortable admitting it.

November 5, 2013/18 Comments/by Brian Willingham

Legal Investigation

How a Private Investigator Can Deliver the Goods Like Captain Clutch

David Ortiz of the Boston Red Sox came through in the clutch again on Sunday night, hitting a game-tying grand slam in the bottom of the eighth inning on the Red Sox’s way to winning game two of the American League Championship.

This only added to the Ortiz legend of coming through in the clutch, joining three other players who have five or more postseason hits in the 8th inning or later to tie or win a game.

If you believe the hype, you may just think that Big Papi (David Ortiz) has been the most amazing postseason hitter of all time or that Captain Clutch (Derek Jeter) has delivered the goods in every late-inning situation.

But it’s mostly folklore.

A recent article in the New York Times discusses how players like David Ortiz and Derek Jeter have forever been tagged with the “clutch” moniker, but the fact of the matter is that they are no more clutch players than anyone else.

As the article points out, Ortiz and Jeter are not great in clutch situations; they are great in all situations.

So how can a private investigator be more like Big Papi or Captain Clutch?

Be Consistently Exceptional

The stats show that Derek Jeter is really not a different player in close games or postseason games. He is, however, consistent. Regardless of the situation, he is consistent in his approach to hitting. His regular season stats, his postseason stats and his “clutch” situation stats barely differ. Jeter is not just great in clutch situations; he is great in all situations.

For some reason, people easily forget about the failures, like how Ortiz failed to come through in the clutch the night before his big grand slam. The thing is that when you need them most, they seem to come through.

In many cases, potential clients don’t call us until they have ran out of options. They call us in a time of need. In some cases desperate need.

So what if every time a client came to us they experienced more than they expected? In there greatest time of need when all else seemed to fail, we came through?

We won’t promise a client something that we can’t do just because it’s something they want to hear. And we’ll never mistakenly lead you to believe that we have some secret access to something that we don’t. Nor will we take on a case where we don’t think we can help.

We’ve built an investigative firm based on transparency, openness, but most of all, doing great work.

We’ve had plenty of cases where we didn’t get what the client was expecting, but being exceptional does not being and end with the results. The effort, communication and overall product can be exceptional too.

Put Yourself in a Position to Win

One thing that both Ortiz and Jeter have had in common is opportunity. Between the two of them, they have played in more than 220 postseason games. When you play in that many games and have that many opportunities to come through in the clutch, you are bound to come through at some point.

We were recently contacted by a client with a tough task. They wanted to find someone they knew was living in the Portland, Oregon, area more than 45 years ago. All the client had was a first and last name.

Challenging, to say the least, but we gave the client a budget and approach that made the most sense for us to succeed. It didn’t really matter what they were willing to spend; we wanted to put ourselves in a position to find the person so if she was out there, we would find her.

Frankly, even with that, we weren’t sure if we were going to find her.

But we did.

And we delivered the goods. While I would love to convince everyone that we are awesome at we do, the truth is that we put ourselves in a position to win, and we did.

Where Does This Get Us?

I could present you with a handful of clients who probably think that we deliver the goods every time.

The truth is, we don’t.

We have won over some clients with some great results, but the fact is that we can’t predict results. We will always, however, be completely up front and honest about the chances, we will set expectations of what we are capable of doing and our chances of success, and we will be completely transparent about our process and our resources.

By doing that, we always put ourselves in a position to deliver the goods.

Just like Captain Clutch, you are not going to get a game-winning hit every time, but if you are consistent in your approach and put yourself in a position to win, you just may get a reputation for delivering the goods, despite what the stats really say.

October 15, 2013/by Brian Willingham

Legal Investigation

Do Private Investigators Have Police Powers?

The short answer is “no” — private investigators do not have police powers and, in most cases, private investigators do not have any more power than the average citizen.

There are, however, some investigators who like to flash their old badges or flash a concealed handgun, but leaving anyone with the mistaken impression that you are law enforcement is illegal. In fact, in most states, it is illegal for a private investigator to carry a badge, wear a uniform, or use any logo that could imply that the investigator is a state or federal official.

Private investigators do not have the legal right to go onto private property without an owner’s consent, nor do they have the ability to obtain bank records, email records, or phone records; they also cannot tamper with mail, wiretap a phone without consent, or obtain information or data through illegal means.

So…what does a private investigator do?

A private investigator is typically hired by businesses, law firms, or individuals to obtain specific fact-based information to help them make more informed decisions. Investigators help clients find facts, identify risks, provide peace of mind, and see the big picture.

How do private investigators find information?

Investigators use a variety of sources, including public records, investigative databases, court records, government repositories, surveillance, and human intelligence to obtain information about individuals.

October 5, 2013/13 Comments/by Brian Willingham

Legal Investigation

Private Investigator vs. Private Detective?

What is the difference between a private investigator and a private detective?

The terms “private investigator” and “private detective” are often used interchangeably. In fact, there is absolutely no difference between a private investigator and a private detective.

Some state licensing organizations, such as those in Connecticut, Georgia, Minnesota, New Jersey, and Wisconsin, refer to the term “private detective” or “private detective agency,” while states such as California, Montana, New York, Virginia, and Washington refer to the term “private investigator” or “private investigator agency.”

In the end, however, there is absolutely no difference between the two terms other than how each is referenced by the local state.

According to PI Magazine, an industry trade publication, historically the profession of non-law enforcement investigations started back with Pinkerton in the late 1800s, but beginning around 1960, many states did not want the public to confuse a private detective with that of a police detective.

September 30, 2013/1 Comment/by Brian Willingham

Legal Investigation

Gaining Leverage Through an Asset Search: Case Study

This is case study in how an asset search assisted in negotiating a favorable settlement for our client.

T.J. came to us last year with a problem. A few years prior, he had lent his brother-in-law $300,000 to invest in the booming real estate business. The brother-in-law built high-end custom homes in North Carolina, but in order to take advantage of the market, the brother-in-law needed some extra capital.

It was family, so formal papers were not drawn up. No sooner had the money exchanged hands, when the real estate market collapsed. Like most other people in the construction business, things went south fast. With no market for high-end homes, business quickly dried up. T.J. kept in contact with his brother-in-law for a year; trying to come to terms on how to pay back the money. But soon, the brother-in-law stopped answering emails, calls and letters.

T.J. called us about a year ago. He wanted to figure out his best options on how to get his money back. T.J. knew that his brother-in-law had purchased several plots of vacant land, owned his own residence and also had a vacation home in either Montana or Idaho. But he didn’t know where it was, how much it was worth or how much he really owed.

After describing the story in detail, we suggested conducting an asset search to get a better sense of the brother-in-laws finances. Although he did not want to file a lawsuit against his brother-in-law, he had no choice, but he wanted to go to the table with as much ammunition as he could, to get the detail settled as soon as possible.

In depth: Should You Sue? Conducting a Pre-Litigation Asset Search

In addition to finding more than $200,000 in equity in his main residence, we found six large pieces of vacant land in three different counties in North Carolina worth an estimated $500,000, three residences worth an estimated $1.5 million and 2 acres of vacant land in Montana worth about $75,000. In all, about $2 million in assets with at least $1 million in equity.

Equally as important as the assets that were identified, our research did not find any indication that other people had sued the brother-in-law: no judgments or liens, and neither he nor his company had filed for bankruptcy. This was a critical piece of information that T.J. could use during the negotiations.

In depth: The Anatomy of an Asset Investigation

While they may be other creditors working behind the scenes like T.J., the fact that there were no records of any significant financial losses was an important piece of information in negotiating a settlement. Combined with the fact that there was at least $1 million in equity in the properties he owned, T.J. knew that he could push the negotiations pretty far to get most or possibly all of his money back.

In contrast, if we had found that he multiple tax liens or lawsuits, may have pushed T.J. to settle quickly for pennies on the dollar.

Armed with the details of the asset search, T.J. was able to negotiate a favorable settlement, not only getting back his original investment, but also interest covering the period that he had not paid.

August 1, 2013/by Brian Willingham

Legal Investigation

Do You Need a Local Private Investigator?

Chris Brogan (a prolific blogger and business owner, in case you haven’t heard of him) wrote a piece a few weeks back about waiting seven minutes at a local restaurant without anyone bothering to acknowledge him.

What did he do? He walked out. And went to McDonald’s, which served him in less than the seven minutes he waited in the other place.

The point of his story was that being local doesn’t necessarily mean it’s good. It just means it’s local.

Private investigators for years worked local. The work revolved around following disenchanted spouses, surveilling people collecting disability, conducting in-person interviews or visiting the scene of an accident.

Being local counted.

Much of that work still exists, but the game has changed.

Ultimately, what private investigators sell is information. While information is still obtained by following people, conducting interviews and visiting the scene, so much more information is available at our fingertips.

Investigators have access to hoards of information through investigative databases, public records, social networks and a network of other sources.

Interviews can be conducted by telephone or even via Skype.

You can find just about anyone from the comfort of your computer.

I personally conducted hundreds of interviews last year, none of which required me to leave my computer. In fact, many calls were made from thousands of miles away from my office.

I’ve identified hundreds of witnesses and long-lost family members with nothing more than a laptop, a telephone and a couple of investigative databases.

In fact, over the last several years, I have rarely had to leave my office to do my work, meet a client or interview someone.

Of course, being local still counts, but it counts less and less.

Most of our clients have never met us. Nor do they want or need to.

They have come from as far away as Australia and Pakistan and San Francisco seeking information from all over the United States and all over the world.

It didn’t matter that we weren’t local.

It mattered that we were good.

June 5, 2013/6 Comments/by Brian Willingham

Legal Investigation

How to Obtain a Person’s Travel Records in the U.S.

Recently, we were tasked with trying to obtain records relating to an individual’s entries to and exits from the United States.

I was certain that these records were not considered public record, but the case related to an ongoing criminal defense matter in federal court, so obtaining a subpoena was not an issue.

[Crib Notes: You can obtain your own records through the FOIA or through a subpoena. There is no other way to do it.]

Early on in the research, I found information on the U.S. Department of State website relating to obtaining copies of passport records. Upon closer inspection, however, I determined that “passport records” with the Department of State do not include “evidence of travel such as entrance/exit stamps, visas, residence permits.”

While this may be useful in other cases, in this particular matter, I needed information relating to travels in and out of the United States—not just when the passport was issued.

After hours of research and telephone calls with a number of contacts and sources, I was able to get some more details on how to subpoena records relating to entries to and exits from the United States.

Border crossing records

Officially, the term is “border crossing records.” These records include any entries or departures by ground, sea, or air from the United States, and are housed in the U.S. Customs and Border Protection.

Sources indicated that border crossing records dating back 75 years are available through U.S. Customs and Border Protection.

TECS and BCI

There are two separate databases that can provide access to border crossing information: TECS and BCI.

TECS is the principal system used by U.S. Customs officers to assist with screening and determinations regarding the admissibility of arriving persons. TECS can also be accessed by law enforcement personnel. In addition to information relating to entries and departures, TECS also includes information such as wants and warrants and terrorist watchlists.

The Border Crossing Information (BCI) database is described as a “subset” of the TECS database; it is for information relating to requests from persons other than law enforcement officials, including FOIA requests.

Individuals can access information about themselves through the FOIA to the U.S. Customs and Border Protection.

Where to issue a subpoena?

For legal matters, border crossing information can be subpoenaed through the 20 regional operations offices, using the one that is closest to the court case at hand. (A subpoena can also be issued to the headquarters in D.C., but it would be forwarded to the closest regional office, which would add time to the process.)

What to expect …

I spoke to a representative of the regional office that was closest to the case we were working on, who provided the information outlined below. Keep in mind, each of the regional offices may operate differently, and I would strongly recommend speaking to someone in the legal department of the local regional office before obtaining a subpoena.

That person indicated that the subpoena should reference “border crossing records” and indicate the specific time period for which the border crossing records are needed.

Most subpoenas typically request two to five years of travel information. The representative was not clear if border crossing information was available for individuals who traveled into and out of the United States on a non-U.S. passport and was not clear how far back the records went; however, other sources indicated that U.S. Customs and Border Protection has 75 years’ worth of records.

In the subpoena, you should include information relating to the name of the person in question, their date of birth, and their passport number (if available).

The representative also suggested sending a copy of the criminal complaint with the subpoena or, alternatively, the case number so they could research the case themselves. I was told that they would respond to either a subpoena ordered by the court (“so ordered”) or a subpoena sent by an attorney, but that a subpoena ordered by the court would receive less scrutiny.

Once the subpoena is received and goes through the intake process, it will be assigned to an attorney in the office and will be responded to in due time. Typically, it takes a few weeks to respond.

The regional office that I contacted only accepted subpoenas by mail or certified mail; it did not accept personal service.

Also, the representative warned that the U.S. attorney assigned to the case would “probably” get notified of the request.

In closing …

So there you have it. Google didn’t help me clear up how to proceed when I was looking, but hopefully this information can be useful to someone else.

May 21, 2013/10 Comments/by Brian Willingham

The Internet – Looking Beyond Google

Company Website

Archive.org

Professional Organizations

Media

Resume Databases

Social Media – More Than Just LinkedIn

LinkedIn

Facebook, Twitter, Instagram, Tumblr, and Pinterest

Public Records

Professional Licenses / Regulatory Agencies

Corporate Filings

SEC Filings

Litigation

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￼Be Consistently Exceptional

￼Put Yourself in a Position to Win

￼Where Does This Get Us?

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Border crossing records

TECS and BCI

Where to issue a subpoena?

What to expect …

In closing …

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