Cohabitation Investigations

Cohabitation Investigations

If you think that you ex spouse is living with a new spouse, girlfriend or boyfriend now is the time to have a cohabitation investigation conducted.

The reason that evidence of cohabitation is so important is because if you can prove it there is a good chance you can get a modification of alimony /support being paid to your ex-wife or ex-husband..

The Coronavirus pandemic has forced many states to force people to shelter in place.  These conditions greatly elevate your chance to document cohabitation.  It is a great time to conduct surveillance and drive-by checks to document vehicles and activity around your ex-spouses’ home.  While the courts are closed and not hearing anything but emergency cases involving domestic abuse and child endangerment when the virus passes, and the courts reopen you can have the evidence you need to file an ex-parte notice to get in front of a judge.

A complete cohabitation investigation can involve several investigative tasks.  The first phase should include research into the following;

  • Property Ownership
  • Utility Records
  • Postmaster Check
  • Cell Phone Billing Information
  • Limited Credit Headers

The second phase would involve some level of field investigation.  The field investigation should be geared toward conducting checks at the residence where your ex-spouse is currently residing.  Those checks can be done early in the morning to see who is coming and going and to document vehicles and license plates parked in the vicinity of the residence.  Another way to document cohabitation would be spot checks or surveillance in the early evening hours to document the same types of things.  Once you have the license plates of the vehicles parked in the vicinity of the residence a private investigator can run those plates to determine who owns them.

A formal report detailing all findings prepared by a licensed investigation company that can be filed as a declaration is crucial.  In many cases the courts will often ask that the private investigator handling the investigation be prepared to actually testify to the findings.

In order to use the evidence in court you must retain a family law attorney who understands the requirements under the law in your state or county to get you a modification.

Additional Reading:

What affect does cohabitation have on alimony in California?

7 Ways a Private Investigator Can Help with Your Family Law Case

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People are the Best Sources for Private Investigators, Not Databases

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People are the best sources for Private Investigators

People are the Best Sources for Private Investigators, Not Databases

As a Private Investigator it is crucial to find the right people and ask them the right questions to assist in getting all the facts and insight that needed. Databases will give you plenty of information and necessary records but people give you the whole story and can answer your pressing questions. Remember that people are driven by emotion, so profiling “witnesses” and understanding their background before you make contact is vital.

Here are some tips:

  • The witness to the car accident can tell you how the accident really happened, which often contradicts what is found in the police report.
  • The business owner or employee can tell a private investigator all about a brand or trademark and if it’s truly being used in commerce. They can tell you how long has the trademark has been used, if it’s been abandoned, and any future plans for the trademark.
  • The former employee can tell you the dynamics of the managers and employees at the company and who you need to talk to. These are sources that no one else has uncovered or knows about.
  • The neighbor can tell you about the activity level of your subject and if they are working or not.  They can also tell you at what hours they come and go, who else lives with them and where they park their car. 
  • The friend, relative or spouse of your subject may be posting on social media about your subject. If you follow that trail you can glimpse into their behavior, location and lifestyle.
  • In some situations a cover story or pretext is required to get your sources to cooperate. In other situations you can go in straight.  As an investigator your job is to figure when to use a cover story and when to go in straight.
  • One strategy that works extremely well when you are looking for incriminating information on your subject is something that I call the ex-factor. This technique involves locating; ex-spouses, ex-bosses, ex-neighbors, ex-coworkers, ex-girlfriends/boyfriends. If you can track down “ex’s” they are likely to volunteer tons of information. 

Use your databases to find sources that will tell you the whole story. In today’s Information Age these skills are what separate you from the rest. This type of investigation shouldn’t be done paralegals and attorneys for ethical reasons.

  • Bonus Tip: When you make contact with witnesses on the phone or in-person you should remember to ask them if they have spoken with anyone else about the case.  This will help you and your client to better understand what you are up against.
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Text Messages… Myths & Magic

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Tim Santoni

Text Messages… Myths & Magic

I have recently been fielding calls and inquiries from clients who want to find, preserve and recover deleted text messages.

I wouldn’t go as far to say that text messages are the new email, but I can say the amount of personal and business communication being conducted via text is significant. We have seen cases involving trade secrets theft, domestic violence, employment claims, workers comp, accidents.  There are many different types of cases that hinge on information that was or wasn’t sent via text message.

Cell Phone Carriers:

Many people operate under the assumption that the cell phone carriers (AT&T, Verizon, Sprint, T-Mobile) document or preserve all text communication by their customers. This is simply not true. What the carriers typically keep track of are the phone numbers the messages are sent to and the frequency and time and date of the messages. What this means is that even with a subpoena that requires getting the cooperation of the carrier, the actual text messages are not available.

Other Options and Strategies:

Text messages can be pulled from the phone using software for practical and forensic purposes, assuming you have legal access to the phone. The idea that even with the phone in his or her possession your computer forensics analyst can extract deleted text messages is also not accurate.

A cell phone, android or iPhone, uses a solid state-flash storage drive to store information and run the operating system. The phones dynamically write to the storage drive as the user accumulates messages, pictures, emails, etc. As the user deletes information the phone will dynamically write over available space. What this means is that information that has been deleted that you need for your case might not be recoverable even using forensic software.

If your subject is an iPhone user, the text messages or voicemails you need may have been overwritten and are not recoverable. There is another option. If you can get access to the computer that your subject backed up that iPhone to, there are likely complete backups of that iPhone on the computer . When you backup an iPhone a complete copy of the information on that phone is placed on the computer.

Written by Tim Santoni , Santoni Pres/CEO

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Business Development for Private Investigators: What Works & What Doesn’t

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Business Development for Private Investigators

The following article by Santoni President/CEO Tim Santoni was published in Pursuit Magazine  – October 24, 2019

At the low point of the last economic downturn, I was stuck in a terrible slump. I needed to bring in more clients, but I didn’t know where to begin. The thought of cold calling people sounded awful to me. I needed to get creative — fast.

Long story short, my investigative consulting and background screening company survived, and is now thriving, thanks to the time and effort I put into establishing my reputation and building a stronger client base. Below, I’ll outline some strategies that worked for me.

Networking

The quickest way to grow your network is to join a networking group. As a private investigator, you’ll want to meet attorneys, CPAs, insurance brokers, business brokers, and other service providers who work with businesses. This means you need to join a networking group that attracts people in these lines of work.

Before you join your local Chamber of Commerce or BNI group, ask to visit and get a list of members. Every networking group is different, and you need to assess each one individually. Joining a group that consists of chiropractors and jewelers won’t do you much good.

If you want to build relationships with professionals who might refer clients to you one day, you need to learn all about your networking group and get to know its members well. Once you understand what a person does, what their ideal client looks like, and what makes them tick, you can make solid referrals. Sending business to your new contacts is a great way to build trust; before you can expect to receive referrals, you first must make referrals to people in your network. That kind of trust-building does not happen fast, but it’s worth the investment.

Some professional networking groups to explore in your area might include:

Beyond these networking groups, you should also become active in your industry associations. For private investigators, process servers and security professionals, there are lots of these organizations to choose from. Another good strategy is to join an organization where you’re the only one of your kind in the room. For instance, if you join the Sheet Metal Fabricators Association, you’ll get a lot more attention because you are different. Businesses in a group like this could use you for internal/external theft, competitive intelligence, workers’ comp claims investigations, and background checks, just for starters.

Success Story

As I mentioned in the intro, the recession had sent my firm into a financial tailspin; I needed new clients and wasn’t sure how to find them. I reached out to other people in industries that sell services to law firms. I spoke to one provider in the computer forensics field, and he mentioned a networking group that he held in high regard.

I checked out this group and ended up joining. In the first year, I brought on several new clients. That new revenue paid for my membership within a couple of months. As I ramped up in this networking group, I asked people who were getting lots of referrals what the secret was.

What they told me seemed so simple: Attend meetings regularly, be active, and offer to participate in executive committees and panels. Connect with your best referral sources, and refer out as much as you can. In other words, engage.

I am now entering my eighth year with this group, and I continue to get extreme value from it.

LinkedIn

If you want to grow your professional network and you only want to pick one social media site, LinkedIn is where you should go. LinkedIn is one of the fastest-growing professional networking sites. To get started on LinkedIn, you just need to create your profile and start interacting.

Just as you would in a face-to-face networking event, you have to engage with professionals on the platform. The first step is to connect with your friends, clients and former colleagues. Then look for ways to make introductions, comment on member posts, and write and share articles. When I say engaged, I mean that you visit the site at least once a day, but eventually move to three to five visits per day. The LinkedIn app is very easy to use and lets you get a snapshot of what’s going on in just a few seconds. Look for requests to connect, direct messages, and activity by your network and/or groups.

Many people in my circles say that LinkedIn doesn’t work. When I hear this, I ask what they are doing on the platform and what they are looking for. Many times, I think the reason that LinkedIn doesn’t work for people is that they aren’t actually out there talking to people on the platform. It’s like joining a networking group but not attending the meetings, and then saying that you didn’t get any new business, so the group is no good.

LinkedIn is also a great account management tool for investigation companies that don’t have sales teams. If you’re connected with all of your clients, LinkedIn will alert you when they move firms or change jobs. This is a great opportunity to reach out and congratulate them on their new position and make sure they have your contact information ready for when they next need your services.

Success Story

It’ll take time to grow your connections and influence on LinkedIn. Don’t expect to be rewarded with new business in a week or a month. But by following the strategy I outlined above, I’ve grown my LinkedIn network to over 4,000 connections, and I’m in the top one percent of my industry. I’m recognized by people I don’t know at industry events, and I get lots of LinkedIn messages from people needing my services. But my biggest coup was when a trusted advisor of mine chimed in on a request made by a company in need of my services. The posting on that thread was social proof that I had the skills the potential client needed, and it was a signal to everyone else to keep my name and company top of mind.

Public Speaking

If speaking before large audiences doesn’t scare you, then go forth, create a few great presentations, and start reaching out. But even if you’re an introvert with stage fright, I promise that you’ll get better with practice.

Speaking is a great way to build your brand and grow your client base. Finding opportunities to speak demands a little strategizing. Develop a list of organizations that regularly need speakers, and start reaching out. Tell your friends, family, and clients that you’re looking for speaking engagements. Include your speaking offering in your monthly client email newsletter as well.

Success Story

A close family friend of mine is the managing partner at a large insurance defense law firm. I’ve reached out to him many times to set up a meeting and show him how my company can help him, his staff, and his clients. Time after time, he has rebuffed my overtures.

Recently, I spoke at a legal networking group about investigative techniques and social media investigations. I arrived at the event, and who did I bump into: that family friend who runs the insurance defense firm. After my presentation, I spoke with him again, and he agreed to give our firm a shot.

Email Marketing

As private investigators, the only real assets we have are our clients. You should be adding to and updating your client list on a daily basis. There are many free and inexpensive tools (CRM’s) that work well. Many of them integrate with email marketing providers.

While email open rates aren’t necessarily on the rise, your email list is the only reliable, direct way to send information to your clients. Start with a monthly newsletter. Don’t stuff it with your services and pricing. Offer information about the industry, highlight your clients, share case stories, and add value.

In your email marketing campaigns, use a professional service like MailChimp or Constant Contact. Don’t send mass email from your Outlook or Gmail. If your contact list is small, you can use these services for free; many of them offer a contact management system as well.

One bonus tip about email marketing: Look at the reports — especially the automatic return messages from the client’s former firm that say, “Mr. Attorney, Esquire is no longer with the firm…” This allows you to track down that client on LinkedIn or via the state bar site, connect with them at their new firm, and update their contact information.

In order to be perceived as an expert by your audience, you need to create content that illustrates your expertise. Keep telling stories that convey the types of work you handle and the success stories. Use social media channels, preferably LinkedIn, to distribute the content. Good content is king, and I would add that consistent content is equally important.

Search Engine Optimization (SEO)

Every entrepreneur thinks they know something about SEO, but few actually do. When I ask people what they are doing as part of the SEO campaign, I get all sorts of answers.

Let’s begin with a definition: SEO is a combination of digital marketing practices that elevate your website so that people can easily find it by searching via Google & Bing. SEO is a highly technical form of virtual sorcery that requires lots of study and constant troubleshooting; the search algorithms and best practices are constantly changing, and it takes time and effort to keep up with these changes. That’s why it’s in your interest to outsource SEO to a professional.

I’ve worked with several SEO companies over the last 10-plus years, and I can tell you that that for me, it makes sense to work with a company that understands B2B sales. If you’re targeting consumers, almost any SEO company can assist, as they see things more in a B2C setting and understand how to sell products. B2B is more specialized and demands different strategies.

Pay Per Click (PPC)

Paid ads can be valuable if you’re looking to attract consumers, because you can craft ads with specific copy that drives people to a certain service. For example, if you offer infidelity surveillance to consumers in a certain county or zip code, you can show the ad to people in that area. The other benefit is that you can use a tracking phone number for these leads and also send them to a dedicated landing page. This is different than organic search traffic that you get through search and SEO, as those people will land on the home page or the page that Google serves up in search.

In order for paid ads to work, you need to have solid ads for services that you know make you money, and you need to manage the ad spend carefully. You can easily blow through $500 – $1000 in a month without getting a single targeted lead if you don’t have a solid strategy and tracking in place.

Conclusions

In short, I don’t know of any marketing strategies that definitively don’t work. What I can tell you from experience is that some strategies take more time, resources, and management to get results.

I would caution you to not listen to competitors or friends or mimic what they do; what works for one Private Investigator business most likely won’t work for another. Instead, I recommend that you invest in a solid website (I prefer a WordPress-based site) that you can update and edit easily as your business evolves. Then start sharing information in whatever form you prefer: blog posts, short videos, infographics, white papers, images.

Schedule your content regularly; do not stop producing content. Use the channels you have in place to distribute what you create (LinkedIn, YouTube, Medium, your blog, Facebook, Instagram, Twitter). Once you’ve been doing it consistently for six months to a year, you’ll start to see results. And then you can begin to test other marketing strategies.

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Trace-X Press Release

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Trace-X Press Release

Santoni Acquires Trace-X 

Irvine, CA –  Santoni expands its suite of risk mitigation services with the acquisition of Trace-X.  Trace-X is a leading provider in online data removal of personal identifying information from people finder websites.  “With the addition of the Trace-X service we now have the ability to protect clients in a variety of industries who are concerned about their private information being available and accessible to fraudsters and criminals. 

“We can also give peace of mind to victims of identity theft,” said Tim Santoni, President at Santoni.  In today’s information age where your personal identifying information is being bought and sold it is important to regularly monitor and remove your name, address, phone number, and email addresses from people finder sites.  The increased number of threats and unwanted contacts makes it ever more important to control where and how your information is available. 

Santoni is a leader in background screening, investigations and risk mitigation for individuals, businesses, insurance companies and brand owners across the country. Santoni staffs a team of highly trained, licensed, professional investigators and certified background screening consultants who consistently produce timely and accurate information to help our clients make crucial business decisions. Santoni  is nationally known with a global reach. 

For more information please visit santoniservices.com or call 949-900-3400

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Trends 2019 – From Tim Santoni

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Trends 2019 From Tim Santoni

Trends 2019 – From Tim Santoni

In our business we work with businesses and their trusted advisors (Lawyers, CPA’s, Commercial Insurance Brokers, Business Brokers, Human Resources Consultants, Brand Managers, Marketing Teams & Consultants).  Our investigation and background checks are really just a tool to help mitigate risk in the hiring process or develop evidence and information to make an informed legal or business decision. As we enter the 4th quarter, I wanted to point out some trends that I have observed as a result of our work and interactions with our clients.

Investigations

In the information age that we live there are vast amount of data and information available online through free and paid providers.  The parsing through and verifying of this information is now the challenge.  Online research tools and Open Source Intelligence (OSINT) are becoming the standard to conduct background research on litigants and people injured at work and in automobile accidents.  The open source tools offering by OSINT and other providers have been maliciously hacked and were forced to be taken down. Many of the free tools available are now protected behind paid sites or software offerings.  As far as new searches go, the Vehicle Sighting Reports is an amazing tool to track down where someone is living, working and who they might be associating with.  If at all possible insurance carriers would forego the expense related with surveillance/subrosa and activity checks if they can get more cost effective information obtained through databases.

Background Screening Trends

Industries with forced compliance such as, Finance/Banking, Information/Technology (IT), Construction & Healthcare are consistently in need of custom background screening programs to meet the requirements of their contracts with state and government agencies.  Employers are also looking into continuous monitoring of criminal activity so they are alerted when current employees have runs in with the law.  Proper authorizations and disclosures are a key focus of plaintiff attorneys looking to files cases against employers and  background screening companies which are often referred to as CRA’s.  Electronic Authorizations and Disclosures are emerging as a great solution to decrease turnaround time on background checks while maintaining compliance.  

IP & Brand Protection

Trademark clearance and registration related investigations are on the rise with increased Trademark Applications being filed.  Trademark applications from Chinese based applicants have really spiked. There is an increasing need to identify rogue sellers of infringing and counterfeit products on sites like Amazon that often give counterfeiters an identity shield. We are seeing an increased need for evidentiary “undercover” buys from sellers that are not having their sales fulfilled by Amazon and other e-Commerce providers in an effort to identify and enforce. The removal of domain name ownership records, commonly referred to as “WHOIS” data is making it more and more difficult for brand owners and their attorneys to identify the operators of rogue sites that are selling counterfeit/infringing products.  The lack of WHOIS information is also impacting the ability for online brand protection providers to send automated C&D letters as the first step in the enforcement process.

Risk Mitigation

Open Workers’ Comp Claims are still an ongoing concern for many California employers.  Businesses are frustrated with the lingering claims that are costing them time and money.  They are also fighting back to show their employees that they do not pay out on exaggerated and fraudulent claims.  Trade Secret & IP theft is now a concern for all types of employers. We are seeing an overwhelming need to upgrade and update IT policies so that when internal theft of IP occurs it can be investigated and tied to the perpetrator.  If employers are hit with Trade Secret, IP Theft and Employment Practices lawsuits they need to look at having an on-demand computer forensics partner to forensically preserve the data in a timely manner to avoid spoliation and overwriting.

 

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Does Your Intellectual Property Investigator Need to Know Trademark Law?

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Does Your Intellectual Property Investigator Need to Know Trademark Law

In a Trademark Law case it is critical that attorneys uncover and present relevant and actionable evidence and information.

Does the investigator that you and your firm works with need to understand Trademark Law? Do they need to understand the standards of evidence? Do they need to know about attorney work product privilege?
The answer to the above questions is a resounding YES. In order to effectively and efficiently develop admissible evidence, your IP Investigator should be experienced and understand the basics of Trademark Law (Lanham Act) because it will guide the investigation and the report.

Additional there are some keywords and phrases that your IP Investigator should understand.

Filing Basis:
1. Section 1(a) Registration
2. Section 1(b) of the Lanham Action (Intent to Use)- The ITU trademark application allows you to reserve rights to a trademark while you prepare to launch your product/service in commerce.
3. Foreign Registration
4. Foreign Application
ITU (Intent to Use)
Specimen
Abandonment:
 According to 15 USC 1127, a trademark is considered abandoned if “it’s use has been discontinued with intent not to resume such use.” The intent not to resume may be inferred from circumstances.
  1. Trademark abandonment, therefore, requires two elements:
    1. nonuse; and
    2. intent not to resume use.
Nonuse for 3 years is the typical standard
Common Law Use
Classes of Goods and Services
One of the key legal premises for US Trademark rights is the idea that in the US we are a first to “use” country as opposed to a “first” to file country. This means that Trademark rights (state or federal) can be established through the filing of a business name (Corporation, LLC, DBA), Business Name, Taglines, design elements, Logo or Brand, Product Name/Line, etc. There are limitations on enforcement and legal remedies if you only possess common law rights. On the flip side if you are looking to clear and register a trademark, those pesky COMMON LAW uses of your mark or a similar mark need to be uncovered to avoid potential infringement.In order for the report and or work product to be admissible, it is vital the trademark investigation is conducted in an ethical manner by a licensed and experienced investigator or license investigation firm. This type of consideration is not always top of mind when a case starts but can be a major issue if and when the reports must be turned over, depositions are set and there is a need to present the evidence and information at trial. The first thing that the other side will do is pick apart the investigation and the investigator. They will look at the credentials, licensing and methodology of the investigator because if they can show the investigation was done improperly the evidence can be thrown out.
The IP Investigator that you are working with must understand the relationship that they have between the end client and the attorney. It is really important to funnel all communication, reports and invoices to the attorney representing the client to keep the work product protected. We would also suggest that email communication be kept to a minimum to avoid having to turn over emails that might reveal information that is not favorable to the case. If your IP Investigator is licensed, experienced and understands Trademark/IP Litigation rules of evidence and attorney work product they will suggest ways to limit the exposures referenced in this blog.

Remember to ask your investigator these questions…

  • Are you licensed? Individually and as a firm/agency?
  • Have your reports and work product been submitted as evidence in cases at the State and Federal Court Level?
  • Have you and or your team been deposed?
  • Have you and or your team testified in trial?
  • Are you an expert witness?
  • Do your reports contain specific language about attorney work product privilege?

Link: Federal Trademark Search (USPTO)

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The Importance of Employment Background Checks and Compliance

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Tim Santoni, President/CEO of Santoni Investigations

Tim Santoni was a recent guest on “Workplace Perspective”, a podcast series for employers and employees. Tim and SAFFIRE LEGAL PC’s founder and principal attorney Teresa McQueen discussed the importance of employers conducting employment background checks and how they are used when hiring employees.

Thank you to Teresa for inviting Tim to be a guest on her show. If you have any questions about background checks or compliance, please leave them in the comments below.

 

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“Process Server Daily” Podcast

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Process Server Daily Podcast Tim Santoni

 

 

Tim Santoni recently spoke with Michael Reid on his podcast “Process Server Daily” about life as a Private Investigator and President/CEO of Santoni Investigations.  Michael and Tim discussed many topics including IP/Brand Protection , Anti-Counterfeiting Investigations, Surveillance and Risk Mitigation  . Also covered were the many ins and outs of both the Private Investigation and Background Screening businesses. Our thanks to Michael for having Tim on his show.

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Due Diligence Background Checks… Competitive Advantage

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Due Diligence Background Checks Competitive Advantage

 

Our partner I-OnAsia recently posted an article about a success story with regard to Due Diligence Background Checks and one of their clients.  This story illustrates how when you dig deep you can remove obstacles and concerns that can shut-down deals.

James Tunkey, COO of I-OnAsia shared this story…  

I’m pleased to announce that earlier this year one of our clients acquired a multi-billion dollar portfolio of assets, proceeding with a deal that we performed Due Diligence on.

The deal involved an international aspect that our client’s competitors were unable to get comfortable with. But our client saw a potential opportunity: doing the deal might deliver a healthy ROI, and lead to a better stock performance.

We got to work, going beyond Standardized Checks for regulatory compliance. Deep Dive Diligence looked at the backgrounds and reputations of key individuals and entities, and the drivers for potential future success. The result was an authoritative report submitted to the Board that explained away misconceptions, identified upside opportunity,  and repriced the risk.  

The massive acquisition has been very well received in the marketplace.  Not every deal involving foreign entities is always right to do. But not every deal should be shied away from either.

 

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