Giving a Deposition – The 10 Best Tips for Private Investigators

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So you’ve collected some great evidence from your latest case and now you have to testify as a witness. But first you’ll be summoned to a deposition.

What’s a deposition? A deposition is your sworn, out-of-court testimony[1] that takes place during the fact-finding point in the case, which is called “discovery.” In a deposition, opposing counsel will ask you questions about your evidence and your role in the case, and then your recorded and transcribed answers will become official court record.

Depositions typically take place in a law office, but can sometimes occur over the phone or via video conference. You’ll be accompanied by your client’s legal team, opposing counsel, a court reporter, and many times a videographer or judge.

The difficulty is that the process can take several nerve-wracking hours, and one vague answer might derail the case. So, what can you do?

Here are 10 pointers an investigator can use to give an effective deposition:

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“Who Do You Work For?!” The 7 Types of Clients That Hire Private Investigators

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Have you ever been asked what you do for a living? I tell them I’m a private investigator (PI).

Kind of interesting, right? You don’t get to meet private investigators every day, let alone talk to them about what they do.

Inevitably, the next question asked is:

“Who hires you?”

Many people are curious about the world of private investigation, but aside from “educational” shows about private investigators (like Cheaters), I’m surprised at the lack of information available. Web search results show that all private investigator services are for cheating spouses or domestic cases.  Case in point:

There are a lot of false assumptions about the identity of private investigators and our clients.

In truth, private investigators offer many customers a mix of useful services, and hiring a private investigator can be worth the investment.

Here are seven types of people that commonly use our services:

Human Resource (HR) Professionals

As an HR pro, you strive to bring in quality employees to fill open positions in your company. But how can you be sure new employees will be a great fit?

By hiring a private investigator to conduct a background check.

Running a background check before you hire an employee (a pre-employment screening) helps to develop and evaluate a candidate’s profile. Any reputable private investigation agency can solve that problem.

A good screening will help you answer several questions, such as:

  • Does the candidate have a criminal record? Avoiding workplace violence is crucial and is one of the first items a pre-employment screen uncovers. According to the Bureau of Labor Statistics, of the 4,679 fatal workplace injuries in the United States in 2014, 403 (9%) were workplace homicides.[1] (You’ll also want to make sure your investigator complies with pre-employment regulations and laws – see Ban the Box for more info.)
  • Do their resumes check out? PIs screen candidates to ensure all the resume details are true. Lying on a resume is illegal in some states, not to mention it’s ethically wrong and can lead to serious harm to a company’s reputation if it becomes public.
  • Did they attend the college(s) they claim they did? The number one lie on resumes comes from “education padding,” where applicants embellish or fudge their education information. PIs can track down college records, attended years, and degrees a candidate received.
  • Are their past employment records accurate? PIs specialize in tracking down past employers. PIs can often uncover false employment claims or omit previous employment on a resume.
  • Is he/she a sex offender? Sexual harassment costs companies bundles of money. In 2011, over $52 million was doled out to victims of sexual harassment in the workplace.[2] That number doesn’t even count the number of women (and men) who don’t report the act, which could be as high as 1 in 3.[3] PIs can access nationwide data on sexual offenders so that you can avoid this problem altogether.

Safety Professionals

Preventing workplace injuries is an integral part of the job description for occupational, environmental, and industrial safety professionals.

The ability to administer the workers’ compensation program is lumped into many of those job descriptions. On top of that, it’s beneficial to a safety manager to be informed about how to save the company money. One way to do this is by eliminating fraudulent claims.

How do you work towards eliminating fraud?

You guessed it: hire a private investigator.

Private investigators can conduct investigative services like surveillance on fraudulent workers’ compensation claimants. Obtaining compromising video and a detailed report of a fraudulent claimant’s activities can magically make claims go away. Safety professionals who partner with a competent and well-versed surveillance expert can help deliver this result.

Insurance Claims Adjusters

Unfortunately, insurance fraud is a booming business in today’s world. Automobile accidents, arson, and healthcare fraud total approximately $40 – $80 billion annually, [4] costing the average U.S. family anywhere from $400-$700 per year.[5]

And on top of obtaining high-definition video footage of an insurance fraudster on surveillance, insurance companies hire the best private investigators to perform automobile accident reconstructions, interview claimants and witnesses and gather law enforcement records to determine who is at fault and who might be cheating the system.

The result equals money saved, and risk avoided.

Lawyer /Attorney

Lawyers are another type of private investigator client.

Private investigators can help lawyers dig into opposing parties’ backgrounds, interview potential witnesses, and aid in litigation.

Also, private investigators serve subpoenas and specialize in tracking down witnesses and plaintiffs who may not want to be found. Hiring a PI to do the legwork is a cost that’s worth the investment.

Caregiver or Homemaker

What if you need a babysitter to watch your child, but the next-door neighbor isn’t available?

Conducting a background check on a nanny, babysitter, or caregiver gives you peace of mind.

You’ll want to know if the person looking after your son or daughter is responsible enough to babysit your child. Private investigators can locate past and current criminal records and sexual offenses and verify your babysitter’s identity.

Business Owners

Business owners want to make sure their business interests are protected. They also want to determine if they’re getting into business with the right partners.

Hiring a private investigator to conduct a business background check on a client’s business partner, a.k.a a due diligence search, helps to evaluate the quality of a business partnership.

You’ll want to know what kind of credit the candidate and the business have, a list of their business assets, the business representative, any negative media associated with the business, and any other past issues.

Businesses also use private investigators to conduct security and integrity audits.

For example, a PI can do anything from investigating the security of a building or inspecting the quality of service at a restaurant. Private investigators can follow salespeople to learn if they’re regularly attending their sales meetings, stake out bars and clubs to ensure the staff isn’t stealing from the register, and attempt to (legally) “break into” data storage companies to test their safeguards.

Landlord (Property Owner)

Renting your property to bad tenants is a problem. Hiring an investigator helps mitigate the risk of renting to untrustworthy renters.

That’s your property that you’re allowing someone else to live in, so you have a vested interest in ensuring it’s not torn to pieces once the lease expires. Vetting your tenants upfront can help to ensure you collect your rent check every month and alleviate property damage concerns.

Private investigators can help by conducting a background check on your potential tenant to find criminal records, prior evictions, civil suits, and bad credit. Searches like this will paint a picture of your potential tenant on the front end. From there, you can decide to rent to them or hold off and wait for a better candidate to come along.

What Other Ways Can Private Investigators Serve You? 

You may wonder, “Who are the best private investigators near me?” Well, hiring private detective agencies can be mysterious and vague. So, leave a message in the comments below with your questions.

References:

[1] “What you should know about workplace violence – CNN.com.” 2014. 12 Jan. 2016 <http://www.cnn.com/2014/09/27/us/workplace-violence-questions-answers/>

[2] “Sexual harassment charge statistics – EEOC.” 2009. 13 Jan. 2016 <http://www.eeoc.gov/eeoc/statistics/enforcement/sexual_harassment.cfm>

[3] “1 In 3 Women Has Been Sexually Harassed At Work …” 2015. 13 Jan. 2016 <http://www.huffingtonpost.com/2015/02/19/1-in-3-women-sexually-harassed-work-cosmopolitan_n_6713814.html>

[4] “Fraud statistics – Coalition Against Insurance Fraud.” 2012. 13 Jan. 2016 <http://www.insurancefraud.org/statistics.htm>

[5] “FBI — Insurance Fraud.” 2015. 13 Jan. 2016 <https://www.fbi.gov/stats-services/publications/insurance-fraud>

Tax Fraud Is on the Rise, Take Extra Care to Avoid Phishing Scams

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The Internal Revenue Service renewed a consumer alert for e-mail schemes (phishing scams) after seeing an approximate 400 percent surge in phishing and malware incidents so far this tax season.

In a press release, the IRS reported:

The Internal Revenue Service renewed a consumer alert for e-mail schemes after seeing an approximate 400 percent surge in phishing and malware incidents so far this tax season.

The emails are designed to trick taxpayers into thinking these are official communications from the IRS or others in the tax industry, including tax software companies…E-mails can seek information related to refunds, filing status, confirming personal information, ordering transcripts and verifying PIN information.

When you click on any of those email links, you’re taken to a site that looks just like an official IRS page but is actually a fraud site asking for your personal information. Those sites might also contain malware. There were over a thousand of these incidents reported to the IRS in January, compared with just 254 that same time last year.

The IRS says it typically doesn’t email taxpayers asking for any personal information, so that’s the biggest red flag right there: simply getting an email from an entity claiming to be the IRS. And here are a few recent email scam subject lines:
  • Numerous variations about people’s tax refund
  • Update your filing details, which can include references to W-2.
  • Confirm your personal information.
  • Get my IP Pin.
  • Get my E-file Pin.
  • Order a transcript.
  • Complete your tax return information.

The IRS says variations of this scam are sent via text, too. It also helps to know the common characteristics of a phone call scam, because scammers will often follow up their calls with an email. They might be able to recite the last four of your Social Security number or even spoof the IRS’s toll-free number on your caller ID. If you think you’ve been sent a scam, forward it to phishing@irs.govand, obviously, don’t click on anything in the email. You can also call the IRS directly at 1.800.829.1040 to see if they are indeed trying to reach you.

Source: Tax Fraud Is on the Rise, Take Extra Care to Avoid Phishing Scams

How Working Out Helped Me Bust a Fraudulent Workers’ Comp Powerlifter

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“You wouldn’t mind if I… you know… videotaped us working out, would you?” I said to Lifter Guy, a man I suspected of fraud. “Just to look at my form and stuff?”

“No problem. You gonna put it on YouTube or something?” Lifter Guy responded.

“Yeah,” I smirked, “something like that.”

Little did Lifter Guy know that I was a Private Investigator (P.I.) working undercover to videotape him powerlifting while defrauding the workers’ compensation system.

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Introduction To Tenant Screening: All That You Need To Know

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Tenant screening is a proven way of evaluating potential tenants, their ability to fulfill the rental terms, provide the necessary care of the property, and pay the rent timely.

Perfect tenants guarantee the landlord’s long-term financial stability and peace of mind, the property’s good condition preserved for the next residents, and the neighborhood’s safe and favorable atmosphere.

A comprehensive tenant screening provides the landlord with a detailed report of a prospective tenant’s story, with a specific focus on credit score (or credit range), criminal record, and eviction precedents.

Tenant Screening

Whether the property owners decide to carry out tenant screening on their own or use the services of reputable tenant screening companies, the whole process starts with the potential tenant filling out an application form. In the form, the applicants give their personal details, which allow identity verification, their preferences, reference information, and, most importantly, they authorize the procurement of a tenant screening report. Without the tenant’s written consent, it will be impossible (and illegal) to collect any confidential credit information. At this point, it is also important to ensure that the same information is required from all the tenants and no discrimination is taking place. The appropriate questions will be about employment, current and previous landlords, banking information, and, in certain cases, income.

Sometimes, people in search of a new accommodation order the so-called “tenant-initiated” screenings and then bring them to the prospective landlord. This may be a good sign indicating responsible tenants, as they do not have the possibility to modify the screening report provided by a consumer-reporting agency. However, working with a professional, qualified tenant screening company of your own is the best avenue. Why? Because having a team of your own dedicated investigators checking the background of your tenants ensures you’ll get the most accurate and reliable results.

Consumer-Reporting Agencies

Consumer reporting agencies, which specialize in credit history, most people would like to know where the information comes from and how credible it is. CRAs are regulated by the Fair Credit Reporting Act and collect information from public records with the aim of providing an adequate recommendation based on the landlord’s criteria. The credit score (or range) of the tenant is normally taken from one of the three national credit bureaus Experian, Equifax, or Transunion. The agencies also check the tenants on sex offender search, terrorist watchlist search, national and county criminal search. Thе eviction history comes from public landlord/tenant court records. Some property owners report that the criminal and eviction background check results varied depending on how many of the neighboring counties were checked. Taking into account that not all local records may already be online, this is the point to pay special attention to. Gravitas makes sure we check all previously lived in counties from each tenant.

The Perfect Solution

One more legal detail for landlords to remember is that when they make a decision of denying the applicant or approving him or her conditionally (with an increased deposit or cosigner), the applicant has the right to know the agency which compiled the tenant screening report and see a copy of it. The applicants can also dispute the accuracy of the report provided.

Nowadays, a thorough tenant screening is behind the majority of landlords’ approvals. Tenant screenings have become prompt and affordable, keeping the property owners away from potential risks and ensuring the security of investment.

How To Beat A Surveillance Investigator At His (Or Her) Own Game

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First, if you want to beat surveillance, let’s assume a few things.

Let’s say you get hurt at work, become an “injured worker,” and file a workers’ compensation claim (WC). And let’s also say that after you’re off work for a few days, you start to enjoy not having to get up and go to work every morning. You get paid about two-thirds of your weekly paycheck for sitting on your behind. Occasionally, your employer makes you attend medical checkups and visits, but that’s it.

You like your new life.

What you don’t know is that your employer and insurance company has hired a surveillance investigator to discover exactly what you are doing with this newfound free time.

There are tons of red flags that signal to an employer that a workers’ compensation claimant is fraudulent. To find out if an employee is abusing the system, employers hire private investigators to conduct surveillance to follow up on those suspicions.

We stake out your house, dig through your public records, and scour your social media posts for clues. We want to catch you, but you don’t want to get caught. You’ve become accustomed to your lifestyle.

Have you ever asked yourself, “Is there a private investigator near me?”

Well, here’s how to get away with workers’ compensation fraud and not get caught by a private investigator.

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