Archive for the ‘Litigation’ Category

According to numerous wire releases, it appears that the private investigators implicated in the Hewlett-Packard Co. scandal, will avoid jail time in a no contest plea deal to misdemeanor charges on fraudulent wire communications in California.

In a statement issued by the Attorney General’s Office, the court did not accept the plea from investigators, Ronald DeLia, with the private investigation firm of Security Outsourcing Solutions Inc. and Matthew DePante, a third-party consultant working with Action Research Group. Rather, the judge offered to officially dismiss the case against them in September if they complete 96 hours of community service and pay restitution to victims.

Another defendant, private investigator Bryan Wagner, who previously worked at Action Research Group, also was charged in October. The state’s case against him was dropped after Wagner pleaded guilty to the same charges in federal court and agreed to testify for the prosecution.

The investigators were initially charged in October with four felony counts: use of false or fraudulent pretenses to obtain confidential information from a public utility; unauthorized access to computer data; identity theft; and conspiracy to commit each of those crimes. Each of those charges carried a fine of up to $10,000 and three years in prison.

While the deal with state prosecutors allows all the defendants to escape jail time, federal prosecutors have said their investigation of the HP leaks probe is ongoing. The saga continues…what do you think?

The Federal Trade Commission has settled another telephone pretexting case, Federal Trade Commission, Plaintiff, v. Information Search, Inc. and David J. Kacala, individually and as an officer of Information Search, Inc., Defendants. The FTC will collect $3000 from the telephone information broker, who is also required to abandon the now illegal practice of impersonating telephone subscribers to get toll call records from the telecommunications carrier. The Commission had previously filed suit against Information Search, Inc. for obtaining personal financial bank account records in violation of the federal law known as Gramm-Leach-Bliley.

The Federal Trade Commission testified today at the Committee on Energy and Commerce on, Combating Pretexting: H.R. 936, Prevention of Fraudulent Access to Phone Records Act. The text of the testimony of other participants is not yet available.

The laws of conducting surveillance on insurance claimants can vary by state and even by country.

An article appearing in Out-Law.com highlights the potential conflict of British laws that involve government surveillance and verifying the validity of an insurance claim.

In August 2002, the UK police instructed a private detective firm to observe a former sergeant to see if he was doing anything that was inconsistent with his claimed injuries. Nine minutes of video footage showed the ex-policeman mowing the lawn and in his car.

The former policeman wanted the Tribunal to rule against the police force under RIPA, the Regulation of Investigatory Powers Act, but the Tribunal has found that it has no jurisdiction to do so because the filming of the former policeman did not constitute the kind of surveillance that RIPA governs.

The Tribunal is where individuals who think that their rights have been infringed can complain about the actions of public bodies. The Tribunal, though, only has jurisdiction if the surveillance dealt with is “directed surveillance” within the meaning of sections 26 and 48 (1) and (2) of RIPA.
See: The ruling (27-page / 231 KB PDF)

The California Supreme Court has ruled that a county trial court must determine whether a psychologist used subterfuge to obtain an interview with the foster mother of a woman who had claimed as an adult a repressed memory of childhood sexual abuse.

Psychologist Elizabeth Loftus, a renowned expert on the fallibility of eye witness evidence and an opponent of the notion of repressed memory, was a defendant in a civil court case that originated in Solano County California. Loftus reviewed a court case file and interviewed the foster mother in preparation for an article she was writing. The foster mother claimed that Loftus posed as a supervisor of the mental health professional in whom the plaintiff had confided. The alleged misrepresentation of the doctor-patient role is apparently the aspect of the invasion-of-privacy claim that concerned the Supreme Court.

At the same time, we also conclude that the Court of Appeal correctly determined that plaintiff’s action for improper intrusion into private matters could proceed based upon the claim that Loftus obtained personal and sensitive information regarding plaintiff from her former foster mother by misrepresenting herself as an associate of Corwin, a psychiatrist with whom plaintiff had a close professional relationship.

Although the opinion asserted that a misrepresentation of the patient-physician relationship is “different from the more familiar practice of a news reporter or investigator in shading or withholding information” this issue is being remanded to the trial court to decide.

The Los Angeles Times report quotes the representative for the news media who reflected on the court’s reasoning saying, ‘ “The problem is you don’t know with any predictive certainty” which sorts of misrepresentations would create liability.’

Also read:
Interview Methods Face Trial
California high court allows suit claiming misrepresentation to proceed, ABA Journal

Who Abused Jane Doe?
The Hazards of the Single Case History
Elizabeth F. Loftus and Melvin J. Guyer
Case histories make contributions to science and practice, but they can also be highly misleading.

What’s your opinion of the relevance of this case to private investigators?

Madera County, California real property parcel maps can be searched by address and viewed online.

The Sacramento County, California probate court is adding online document images to its Web site. Only cases filed after February 5, 2007 are currently included.

The recent expansion of the role of Arizona Ombudsman-Citizens’ Aide Office will provide a complaint center for addressing public records access violations.

The Indiana Attorney General has an online, searchable database of the legal actions they have initiated against violators of Indiana’s consumer protection laws. Search by county and/or year or view a list by defendant’s name, with links to the public filings and court orders.

The Pasco County, Florida Sheriff has added many new online tools to its Web site: Active calls log, Dispatch log, Subdivision activity log, Inmates in jail, and Outstanding warrants.

Private investigator, Bryan Wagner, of Littleton, Colorado pleaded guilty on Friday to identity theft and conspiracy charges in United States District Court in San Jose. His sentencing is now scheduled for June 20 in San Jose federal court.

The private investigator admitted to the two felony counts as part of a plea deal based on his obtaining the SSN’s and telephone toll records of journalists, former Hewlett-Packard directors, and their family members.

Mr. Wagner admitted to “pretexting” the telephone companies into releasing their records. He admitted to using personal information to set up online accounts in the names of several people to access their telephone toll logs and billing records.

Mr. Wagner’s lawyer, Stephen Naratil, stated his client was the “little guy” who was tricked by others into thinking the investigative method he used was legal. He also said that Mr. Wagner would testify for prosecutors as they pursue other figures in the case.

The four other defendants associated with this case have all pleaded not guilty. You can read more about this here.

What’s your opinion on this?