It’s Not Against The Law!

You need to know the importance of having Identity Thief Protection because of no awareness; potential cases and victims have no support. “On May 10 2006, President Bush signed an Executive Order creating the nation’s first ever Identity Theft Task Force. The goals of the Task Force are to develop a strategic plan to better prevent identity theft, coordinate prosecution, and ensure recovery for victims…”- Federal Trade Commission.

I honestly think that it’s about time that the spotlight has turned on to the awareness of these growing cowardly acts of crime that is taking North America by storm. It’s alarming to think that you could be the next person surprised about being a victim saying “how could this happen me” and you will be upset because you lost your life’s savings or you hear that your credit cards are maxed out due to a criminal digging for financial information in your garbage, some how duplicate your cards and started buying products from EBay. That’s why the importance of having knowledge of Identity Thief just can’t be stress enough. This article will explain why having Identity Thief Protection Will increase awareness, prevent cases, and support victims.

Christmas Holidays where it’s all about Family, Friends, Food and Fun! Oh I almost forgot the Gifts (YES!). This is also the time that shoppers can become at risk which leads to potential cases. Think about this the next time your surfing online looking for those special gifts for you loved ones…. 26% of victims information is missed used by Credit Card fraud

58% of victims did not contact any Credit Reporting Agencies

61% of victims did not notify the Police Department

(73%) 255,565 Complaints and only (27%) 93,938 Request Information

Base on the FTC’s “Victim Complaint Data”- Figures and Trends (Jan, 1 – Dec, 31 2005).

This is unbelievable! Majority of these victims didn’t even bother reporting this major problem to their local police department. You’re probably thinking to yourself why would anyone not want to report these terrible crimes? Simple, IN MANY STATES, IDENTITY THEFT IS NOT AGAINST THE LAW!! Being a victim of Identity Theft is a living nightmare! Can you imagine what these victims are going through? I was in the Mortgage Business and I tell you mortgage fraud was a $305 billion industry. You maybe think your not vulnerable but this crime is as simple as waking up one morning then get a call from the bank saying that you don’t own your house anymore and you have 24 hours to move out what was once your home.

Would you know what to do if this happened to you? Unfortunately, victims themselves are burdened with resolving the problem. You’re on your own. With Identity Theft Protection, you’ll have experienced professionals on your side taking the steps to monitor & restore your name and credit for you. Why not make it easier for you and your family to prevent this problem by protecting yourself from Identity Thief.

Lawyers, Investigators and the Law in NH

Lawyers are trained to litigate and negotiate. Investigators are trained to investigate.

An article by Lisa Stansky noted: “… Investigators often are more successful than lawyers at gathering information from people…”

The New Hampshire Supreme Court also recognized the value of a professional investigation in a child custody matter.

“The evidence offered regarding the plaintiff’s failure to properly supervise and attend to the children was overwhelming…a private investigator testified that when he observed the plaintiff on ten different evenings, the plaintiff left the children alone overnight on six occasions while she visited a male friend…Furthermore, the investigator’s report indicated that following the first day of the hearing, the plaintiff continued her pattern of leaving the children alone overnight.”

There are a few laws that directly apply to investigators. Most, but not all, investigators are aware of these laws, the attorney should be too.

RSA 106-f: 4

Any investigation, for a fee, requires a license in New Hampshire. The statute governing these activities is RSA 106-f: 4. It is the activity that is regulated, not the title of the provider. There are various entities performing various investigations in New Hampshire, without license. The license means, among other qualifications, that a $50,000.00 bond is on file with the State. No license = no bond= no public protection. A license is required to perform the below services:

“business of collecting for a fee, hire or reward information on the identity, conduct, movements, whereabouts, affiliations, transactions, reputation or character of any person, or otherwise doing investigative work for a private rather than a public interest.” 106-F: 4 II

INVESTIGATOR’S DUTY

The New Hampshire Supreme Court stated that investigators can be held liable for the actions of their clients, even if the action is a crime.

“Thus, if a private investigator or information broker’s (hereinafter “investigator” collectively) disclosure of information to a client creates a foreseeable risk of criminal misconduct against the third person whose information was disclosed, the investigator owes a duty to exercise reasonable care not to subject the third person to an unreasonable risk of harm. In determining whether the risk of criminal misconduct is foreseeable to an investigator, we examine two risks of information disclosure implicated by this case: stalking and identity theft.”

TELEPHONE TOLL RECORDS

Recently an out-of-State investigator was ordered to forfeit over $110, 00.00 in profit she made after obtaining telephone toll records by pretext. For a longtime this was a gray area. Recent Federal Legislation makes this illegal, but there are still services offering to do it, they just leave out the pretext part in their advertising.

SKIPTRACING AND RESEARCH

The GLB (Gramm-Leach-Bliley Act) is one law that governs activities in accessing certain data sources which are used in doing backgrounds or skip tracing for law firms. A person must have a permissible purpose under the GBL to access data, like credit headers. It cannot be resold to the public.

The GLB also restricts pretexting to obtain financial information, but it does leave room for work what involves recovering funds from deadbeat dads.

DMV

Accessing DMV information is harder here than in other States. Federal Law, the Driver Privacy Protection Act, allows for access “in anticipation of litigation.” Sadly we did not follow that and RSA 260:14 is far more restrictive. Not only do you need a docket number but a letter of explanation describing what you need and why you need it. Intrusive, but it is the law.

SURVEILLANCE V. STALKING

Clandestine Surveillance is allowed under RSA 106-f. Note the statutory term “clandestine.” Theoretically, stalking should not be an issue, but it became one in the Miller V. Blackden decision. Surveillance is an exception to the stalking law, if done properly. It is not stalking provided the activity is “necessary to accomplish a legitimate purpose independent of making contact with the targeted person.” (633: 3-a)

Clearly a clandestine surveillance is protected here and this is what the Legislature intended. It is an ‘in your face’, not so clandestine, surveillance that is prohibited under certain circumstances. The burden is on the investigator to prove he or she has a lawful purpose. The attorney must be aware of this when assigning surveillance to an investigator.

The New Hampshire League of Investigators, Inc. (WWW.NHLI.NET) is working with the Coalition Against Domestic and Sexual Violence to make sure this is adhered to and training becomes a part of the new licensing scheme for investigators.

INTERVIEWS

An investigator can contact a victim of domestic violence, if working for an attorney, if the investigator:

1. Identifies himself or herself as a representative of the defendant.
2. Acknowledges the existence of the protective order.
3. Informs the plaintiff that he or she has no obligation to speak.
4. Terminates contact with the plaintiff if the plaintiff expresses an unwillingness to talk.
5. Ensures that any personal contact with the plaintiff occurs outside of the defendant’s presence, unless the court has modified the protective order to permit such contact.” (633: 3-a).

Make sure your investigator is aware of this.

CONSUMER PROTECTION LAWS

This was applied to investigators in the Remsburg decision, specifically in the area of “any unfair or deceptive act or practice in the conduct of any trade or commerce within this state.” (RSA 358-a)

Accordingly, we conclude that an investigator who obtains a person’s work address by means of pretextual phone calling, and then sells the information, may be liable for damages under RSA chapter 358-A to the person deceived.

PRIVACY

Investigators can serve the public and still maintain people’s privacy when asked to locate former friends, army buddies, roommates and estranged family members. After obtaining the identifiers from the client, the investigator tries to locate the subject. If successful, he or she contacts that subject and asks they contact the client, stating the reason, and not revealing the person’s whereabouts to the client.

EAVESDROPPING

This is a simple issue. New Hampshire is a two-party state, thus no conversation in person or by phone can be recorded without consent of all parties. A verbal waiver should be a part of every taped interview an investigator does for you.

ABANDONDED PROPERTY SEARCHES

This is a form of data mining, done with abandoned property, also knows as Dumpster Diving. As with many other things, New Hampshire treats this differently. In State V Goss, the Supreme Court addressed the intent of the owner in protecting his trash from a search, citing that seizing it without a warrant was a Constitutional violation.

While this does not affect licensed investigators, directly, it does, indirectly, if the concept were carried over to the private sector. While trash may be off the property and abandoned, it is the intent of the owner it be destroyed, not data mined.

FCRA

Pre-employment screening is addressed here. The investigator must have a waiver from the employee, on hand and all inquiries must follow FCRA guidelines. These guidelines set other standards and procedures for the employer to follow with regarding to adverse actions and other employment related decisions.

COLLATERAL RECOVERY

It looks like any tow service can retrieve a vehicle for a bank. (RSA 367-A: 7 VIII)

(4) whereby a seller or holder of the contract, or other person acting on his behalf, is authorized to enter the buyer’s premises unlawfully, or to commit any breach of the peace in the repossession of a motor vehicle; (5) whereby the buyer waives any right of action against the seller or holder of the contract, or other person acting on his behalf, for any illegal act committed in the collection of payments under the contract or in the repossession of the motor vehicle;

They do have to notify the police within hours after doing it. (RSA262: 3-A) However to do an investigation to find the collateral, if it is not at the location specificed, does require a license. RSA 106-F: 4

ETHICS

Ethical conduct is not addressed in the current licensing scheme, thus no adverse action can be taken for unethical/unprofessional conduct. The New Hampshire League of Investigators, Inc. (WWW.NHLI.NET) is trying to change that with HB 776 which will add testing to obtain a license, compulsory Continuing Education to renew it, and a definition of ethical conduct to give the Regulatory Board and Agency (Department of Safety) some tools for enforcement; better public protection through higher standards.

REASON FOR THE ARTICLE

In order for the attorney/investigator relationship to prosper both parties need to be aware of the laws governing the investigate activity. I have been an investigator for many years and a member of The New Hampshire League of Investigators, Inc during that time. I am its Past President. Our members are kept aware of these laws, by way of our publication, our website, and our training. Sadly I still run into non-members, licensed investigators, who ask questions like: “the GLB… what’s that?” The Miller v Blackden decision is another scenario that can be avoided by knowing the law.

FIND AN INVESTIGATOR

In addition to the educational opportunities available, members of The New Hampshire League of Investigators, Inc agree, in writing, to adhere to its Code of Professional conduct. Membership in the Association is the Hallmark of the Professional Investigator in New Hampshire.

Illegal Immigration Law – All About Crime in 2009

One of the biggest issues with our immigration laws is that often the criminal records of the countries people are coming from are so inaccurate or incomplete, we really have no way of knowing if they are legitimate or not. Thus, we let people into the country we shouldn’t. Of course that is only half of the dilemma and perhaps a small part of the real problem. You see, if a person has a criminal record and realizes that they will be denied citizenship in the USA, then they might simply choose to change their name and sneak in; using the illegal immigration method.

This is unfortunate because we really do not know who they are or if they are a criminal until they commit their first crime against a US Citizen’s property or person. Once they do, and “if” we catch them, they are finger printed and deported, of course, the United States has so much abundance and sneaking over the border to partake in it so simple that they come right back again and will most likely commit another crime.

Even if we punish these people by putting them in jail, the crimes that are committed such as theft, battery, assault, or even murder have already caused great harm to our nation and cost us in more police, jails, courts, and economic hardships. So, something must be done, the problem is that nothing is being done. You see, illegal immigration law is much about crime, so since it is 2009, isn’t it about time; that we fixed this crisis?

Computer Crimes and Federal Offenses

If you are under investigation for a computer crime, or if you have already been arrested for such an offense, you are probably under a great deal of stress. Computer crimes involve a wide range of activities that are otherwise illegal. When people use a computer or the internet to further commit such crimes, then they are categorized as computer or internet crimes.

These days, nearly every aspect of our society is digitalized. People can download movies, apply for a credit card, transfer balances between accounts, and pay their bills all with the touch of a button. The expanding functions of the internet have opened a whole new world to criminal outlets and activities. Criminals are finding new ways to break the law at a pace that law enforcement is struggling to keep up with. Because computers have such a large impact on society as a whole, federal prosecutors waste no time or expense in securing criminal convictions against the individuals who commit such crimes. In fact, the federal government has entire task forces devoted to tracking down and arresting people who commit these types of crimes.

What categorizes a computer or internet crime? One common aspect of computer crimes involves financial fraud and money laundering schemes. Other financial crimes committed via the internet include credit and debit card fraud, hacking and identity theft.

Computer crimes also involve harassment, spamming, phishing, and sex crimes against children. People who possess child pornography on their home or work computer, and people who distribute child pornography via the internet are in violation of the law. Unfortunately, internet crimes involving children can oftentimes be a case of mistaken identity. Perhaps you were not aware that the images were of minors, or perhaps someone else used your computer. Revealing the truth of what actually happened will be dependent upon the highly investigative tactics of an experienced defense attorney.

Because these crimes typically cross state lines, they are often classified as federal offenses. If you are under investigation for a federal crime, you could have a large government entity assisting your local law enforcement agency. This means that the prosecution will have unlimited manpower and means to pursue a conviction. If you want to effectively protect your legal rights, you are going to need the assistance of a seasoned federal criminal defense attorney on your side. Your lawyer will have a wealth of proven defense tools at their disposal. The last thing you would want to do is hire an inexperienced or apprehensive lawyer when you are fighting to preserve your reputation and your freedom. If you are under investigation for a computer crime, don’t hesitate to contact a federal criminal defense attorney immediately.

In Trouble With The Law – Hire A Criminal Law Attorney

Anyone living in the northeastern part of the U.S. state of New Jersey, and being accused of a crime should immediately contact an Essex County attorney specializing in criminal law. No matter how minor the charges, innocent or not, a criminal lawyer can be tremendously helpful.

If you have been charged with a crime, the role of your criminal attorney is to represent you. He should be able to prove that you are innocent, or develop effective defense strategies if you confessed to the crime or were proven guilty. An expert Essex County attorney will also be able to negotiate with the prosecution to lessen the charges, and reduce the sentence.

It is imperative to hire the right law firm in order to receive a strong defense. You will have to research the listings to locate an experienced licensed criminal lawyer who:

– Has a proven track record handling criminal cases;
– Has been working in criminal law for a long time;
– Is familiar with New Jersey criminal law;
– Knows the authorities, judges, district attorney, and everyone else in Essex County involved in criminal law;
– Accepts all criminal cases, from arson, DUI, to theft and murder.

An expert Essex County attorney in criminal law will be honest with you from the start. He will not sugar-coat your situation, which only leads to disappointment if you would be convicted after all. With an experienced, objective perspective on the situation, your criminal lawyer should be able to realize from the start what actions he should take to prove your innocence, or to defend you in the best possible way.