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Private Investigations in Southern California

Private Investigations in Santa Clarita, Antelope Valley . . .

. . . and the greater Los Angeles area.

Private Investigations

Even Billionaires Can Fall Victim to a Less-Than Professional Investigator

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It looks like Tesla CEO Elon Musk got taken for a ride when attempting to hire a private investigator. Rather than completing a due diligence in hiring an investigator, the billionaire hired a completely unvetted PI who turned out to be a convicted felon.

Due Diligence Private Investigator

Here’s the headline from an October 3rd article from Buzzfeed:

Elon Musk Hired A Convicted Felon To Investigate The Cave Rescuer Who Is Now Suing Him

So Elon got himself into some trouble for throwing out an insult at the guy who helped rescue a boys soccer team from a flooded cave in Thailand. British cave diver Vern Unsworth was part of a team who helped rescue the boys. Unsworth called Elon’s attempt to help by use of a mini submarine “just a PR stunt”.

Elon got mad and called Usnworth a “Pedo Guy” because Unsworth is British and has been traveling to Thailand for the past 40 years.

Here’s what happened next. From the Buzzfeed article:

When Elon Musk publicly called a British cave rescuer who had insulted him a “pedo guy” last year, the billionaire entrepreneur had no evidence to back up his claims. And while he later apologized for the outburst, the Tesla Motors and SpaceX CEO went on to hire a private investigator to dig up dirt that might support his unsubstantiated accusation.

Public records and interviews reveal that the man Musk contracted, James Howard-Higgins, stole money from his business partners and was sentenced to three years in prison for fraud. Past associates of the man described the Englishman to BuzzFeed News as a “Walter Mitty character” who repeatedly defrauded a company he cofounded despite disciplinary actions that were meant to keep him in check.

Anyone can fall victim to fraudsters, especially when a person is in an emotional state. Elon got angry because he was called-out for making an unsubstantiated claim. Whether Elon’s allegation was true or not is an entirely different discussion. The point is he went off half-cocked looking for someone to solve his problem. This was the perfect situation for a dishonest person to step in and take advantage – which is exactly what happened.

The better way to have handled the situation (aside from not making the comment in the first place) would be to quietly do some due diligence. Ensure the person being hired is professional, licensed, and with a positive record of ethical conduct.

One of the most effective and simple ways to check the reputation of a private investigator in the United States is to see if they’re a member of their state association. Every state has their own association. The one for California is the California Association of Licensed Investigators (CALI). As the name says, the associations will only accept licensed investigators. Licensing itself carries a lot of weight due to the high barrier for entry with most state licensing agencies. A CALI member in good standing, or a member of any other state association, is an excellent indicator that an investigator is trustworthy and will conduct themselves professionally.

Joel Henderson with H7 Investigative Services is a licensed private investigator with the California Association of Licensed Investigators. Click through to our consultation page to hirea professional investigator o help solve your case.

Can a Private Investigator Obtain Bank Account Information?

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In the United States, bank records and financial accounts are one of the most protected personal records. Health records are protected by law and they are almost easier than getting a look at someone’s financial accounts. Can a private investigator obtain bank account information? In short, no. Brian Willingham wrote a very helpful article back in 2011 that is still relevant today. Mr. WIllingham is a highly experienced PI and his answer is also, no.

Can a Private Investigator Obtain Bank Account Information?

Can a Private Investigator Obtain Bank Account Information?

In reality, federal and state law prohibit any person from accessing another’s bank or financial records without specific authority.

From Mr. Willingham’s article:

According to the Association of Certified Fraud Examiners manual, the Right to Financial Privacy Act prohibits financial institutions from disclosing bank records or account information about individual customers to governmental agencies without: 1) the customer’s consent, 2) a court order, 3) subpoena, 4) search warrant, or 5) other formal demand, with limited exceptions.

Even though the statute is limited in scope and only applies to demands specifically by government agencies, most financial institutions will not release information without one of the above listed authorizations.

Honest private investigators will tell you, the most simple way to obtain bank account information is through the account holder’s consent. The only other ways to access another person’s financial information is with a court order, subpoena, or search warrant. Federal law applies these standards to law enforcement, but financial institutions almost always apply the same rules to PI’s and all other private persons.

Traditional investigative techniques such as interviews and public records searches may indicate the existence of specific financial accounts, but getting access to the actual account records still requires consent or a court order.

What About Database Searches?

PI’s use a variety of different proprietary databases to run background checks, to aid in searching for missing persons, and for other investigative assignments. While some private investigators claim to have access to financial account records, the truth is that no database exists that lists private bank account information.

How Do Private Investigators Obtain Bank Account Information?

A hardworking PI might get lucky and find old bank statements while digging through a subject’s trash. Some PI’s are willing to use illegal means, as Mr. Willingham explains further in his article:

The two most common ways that investigators obtain bank records or account information is through a source in the banking industry or through pretexting. [To save you the Google search on pretexting, it’s loosely defined as the practice of getting your personal information under false pretenses.]

Although pretexting does have legitimate and legal uses [which is a story for another post], the use of pretexting to obtain financial information about another person is protected under the The Gramm-Leach Bliley Act, passed in 1999, which imposed strict penalties for individuals who obtain information about a third party account through pretext or deceit.

Finding bank records is itself a difficult task. A smart PI can find clues that point to hidden financial information, but gaining access requires consent or a court order. Tracy Coenen who is a Forensic Accountant and Fraud Investigator wrote about this subject on her blog and had this to say:

So when and how can I get banking information? When there are clues to bank accounts in public records or in the financial documentation we already have.

For example, a search of court records may turn up cases involving the business or person you’re interested in.  A careful review of the court documents might indicate bank accounts or other assets in play. Alternatively, a detailed analysis of bank records already in hand might show transfers to other bank accounts you previously did not know existed, sources of income which were previously unknown, or payments to people or entities that might suggest the existence of other assets or bank accounts.

You may have legitimate reasons for wanting to obtain another person’s bank information. Just be certain the private investigator you hire uses ethical and legal methods to solve your case.

H7 Investigative Services conducts private investigations in Santa Clarita, Antelope Valley, and throughout the greater Los Angeles area.

If you want to know how our agency can help with your case, click through to our consultation request page or call us at (661)454-7513.

Is Hiring a Private Investigator Legal?

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Most people will probably never need the help of a private investigator.  Law enforcement is the obvious choice when a crime has been committed, but what about personal matters where no law has been broken?  Understandably, many people never think about the legality of private investigation until making the decision to hire a PI.  Potential clients often ask themselves, “Is hiring a private investigator legal?”

Locate Missing Person

Is Hiring a Private Investigator Legal?

To get straight to the point – Yes, it is completely legal to hire a private investigator.

In fact, most states in the US make it very easy for consumers to differentiate between professional and non-professional investigators.  Most states have enacted strict licensing requirements for individual private investigators and for operating an investigative agency.

Of the states that do not explicitly require a private investigator license (Alaska, Idaho, Mississippi, South Dakota, and Wyoming), Alaska and Wyoming still require a business license to operate and specific cities within these states have their own PI licensing requirements.

Idaho, Mississippi, and South Dakota all have state associations with strict requirements for membership.  The associations act as governing bodies over PI activities and help consumers differentiate between professional and non-professional agencies.

Private Investigators are Not Above the Law

Hiring a private investigator to do something illegal is itself illegal.  One common example involves restraining orders.  When a court issues an order of protection, the restrained person is prevented from making contact by any means with the protected person.  If a PI were hired to follow around the protected person, it would be viewed by the courts as if the restrained person were doing the act themselves.  Not to mention putting the PI at risk of civil liability and criminal prosecution.

Criminal Defense Investigation

Other illegal acts that clients often ask private investigators to conduct:

  • Wiretapping
  • Trespassing
  • Tampering with mail
  • Bribing witnesses
  • Harassment
  • Impersonating another person
  • Invading a person’s reasonable expectation of privacy

The mere fact of going to a PI and asking for a service that would otherwise be illegal could amount to criminal conspiracy.  Both the requestor and the PI could face criminal charges if the incident were not reported to law enforcement.  In fact, an ethical investigator would refuse the assignment and immediately contact law enforcement regarding the request.

Just because a PI is licensed does not grant any special authority above any other citizen.  PI’s still must follow the law like everyone else.  In fact, private investigators are held to a higher standard because they must know and understand the laws pertaining to the cases they work and must also abide by all state laws regulating the work of private investigation.

Be Confident When Hiring a Private Investigator

Contacting attorney is the quickest and most helpful way to know for sure if the issue you want to investigate is legal or not.  The discussions with your attorney are protected by attorney-client privilege, so you can get reliable legal advice even if you’re uncertain about the laws regarding your investigation request.  A lawyer can hire a private investigator on your behalf, making any investigative findings also protected by attorney-client privilege.

When working through an attorney or even when hiring a private investigator on your own, it’s very important to provide the investigator with all the information you have regarding your potential case.  Any notes, pictures, electronic documents, video files, and even recollections from your own memory.  The investigator can decide what is relevant to your case and can use all the information you provide to build out an effective investigative plan.

Good Reasons to Legally Hire a Private Investigator

  • Pre-screening of job applicants
  • Conducting due diligence on potential investments
  • Performing background checks on potential business partners
  • Determining the cause of property damage
  • Locating missing persons
  • Verifying injury claims
  • Interviewing witnesses in civil and criminal cases
  • Conducting surveillance related to any of the above

Is hiring a private investigator legal?  Yes, as long as the investigator is licensed, and you aren’t hiring them to do something illegal.

H7 Investigative Services conducts private investigations in Santa Clarita, Antelope Valley, and throughout the greater Los Angeles area.

If you want to find out how our agency can help with your case, click through to our consultation request page or call us at (661)454-7513.

Are Private Investigators Worth It?

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People call private investigators with all sorts of requests. Background checks, infidelity cases, criminal defense, and insurance fraud are the primary focus of many investigative firms. With the personal nature and relatively high cost of many cases, potential clients often ask themselves, “Are private investigators worth it?”

Private Investigator Consultation

Are Private Investigators Worth It?

Just about every state in the US has stringent requirements for private investigator licensing. To meet the licensing requirements, PI’s complete thousands of hours of investigative work before they can even take the state exam.

A typical investigation can cost thousands of dollars to complete. But when an investigator finally gets their state license, they will have developed a special skill set that makes them completely worth the rates you might receive in a job quote.

Value for Services Rendered

Do you have the time, ability, and energy to conduct an investigation on your own?

You may not have the time or resources to gather the information you need.  You probably don’t know where to look for certain information. If you do know where to look, your schedule might be such that you rarely have time to get specific court documents or track down people for interviews. A PI will dedicate all their effort, knowledge, and resources to solve your case in a timely manner

Private investigators specialize in practice of investigation. An experienced PI will know exactly what is needed to complete an assignment, including time and resources. The job involves a great deal of physical activity, something for which you may not have the energy after dealing with all your own daily obligations.

In cases involving surveillance, you should not conduct a do-it-yourself investigation because you risk being criminally charged with stalking or harassment.  Hiring a PI provides a legal buffer between yourself and the subject of the surveillance.

In all these instances, the value you receive can easily be measured against the time, effort, and access to resources a private investigator can apply to solving your case.

You Get What You Pay For

Should you choose the lowest priced Private Investigator?

When you shop by price instead of quality, you’ll probably spend more because you’ll spend more often.  This principle holds true for investigative services too.  One of the clearest indicators of poor quality is the willingness of a firm to beat any competitor’s price.

A licensed private investigator will have the necessary training and experience to do the job correctly.  This doesn’t guarantee results, but a good investigator will make every effort to uncover the truth and provide answers to your initial questions.

Of course you should always shop around to get an idea of average rates in your area. In the end, expertise, experience, and professionalism will be well worth the final product. And a quality investigator should be able to clearly explain what they can and can’t do.

What are Typical Private Investigator Rates?

The rates for investigative services vary depending on several factors such as location, the type of service, and whether the investigator works for a large firm or is a single person operation. Some private investigators have extensive experience in law enforcement and may provide other specialized services such as private security or bodyguard work, which can also increase an investigator’s service rates.

Basic services such as background checks and criminal history checks are generally listed at a flat rate. You an expect to pay anywhere from $50 to $100 per assignment for these services.

More time and resource intensive assignments will be billed at an hourly rate, with additional fees for items such as vehicle mileage, report writing, and video editing. Hourly rates are usually billed per investigator, so if one investigator costs $50 per hour, two will be billed at $100 per hour for an assignment.

Some firms offer a standby fee to be available on-call, but it can get expensive when the standby lasts for more than a few days. Standby fees can cost anywhere from $500 to $2,000 per day in addition to other assignment fees.

Private investigators usually charge a retainer fee, which is money paid up-front to begin a case. Some will charge a minimum flat retainer fee, which can range anywhere from $1,000 to $2,000. Others may charge half the price of the total assignment cost.

An investigator will usually charge against the retainer for services rendered and refund any unused amount. In some cases, the retainer is non-refundable. When a flat rate retainer is billed, an investigator will work until the funds are exhausted and continue the investigation upon payment of a second retainer.

An ethical investigative agency will not guarantee results but will guarantee that they will perform the purchased services in a timely and professional manner. For example, a PI can’t say for sure that a person has a criminal record, but a PI can guarantee they will perform a thorough background check and find all pertinent information for the assignment.

H7 Investigative Services conducts private investigations in Santa Clarita, Antelope Valley, and throughout the greater Los Angeles area.

If you want to find out how our agency can help with your case, click through to our consultation request page or call us at (661)454-7513.

Things Private Investigators Can and Can’t Do

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PI Working

Movies and television often depict private investigators as willing to bend any rule to solve a case. In real life, private investigators are strictly regulated throughout the United States.  Where PI specific laws don’t exist, investigators are still bound by the same laws as any other private citizen.  PI’s usually have more specialized training and access to various tools not available to the general public.  To be a professional, however, there are certain things private investigators can and can’t do to help their clients.

Can Only Work with a State License

Most states have very strict laws regulating the conduct of private investigators.  Alaska, Idaho, South Dakota, Wyoming, and Mississippi are the exceptions, but in those states a business license is still required to run a PI firm.  Also, holding a license in one state doesn’t automatically allow a PI to work in another state.

Licensed PI’s in California must accumulate 6,000 hours of verified investigative work without a degree, 4,000 hours with a bachelor degree, or 5,000 hours with an associate degree.  College degrees must be in police science to count toward licensing requirements. Only persons with extensive investigative experience and a clean background check will qualify to sit for the PI exam.  Many states either have similar laws to California or will soon adopt such strict regulations.

Can’t Break the Law

In addition to following state regulations, PI’s are also subject to the same laws as any ordinary citizen.  Simply holding a license doesn’t grant an exemption to trespassing on private property or infringing on a person’s expectations of privacy.  PI’s also can’t use deceitful methods of coercion such as bribery, pretexting, or impersonating the subject of an investigation to gather information.

PI’s can’t break the law to help a client, and a professional investigator will refuse to work for a client who asks the PI to do anything unlawful.  PI associations will sanction any member who breaks the law or otherwise violates the association’s code of conduct.

Can Conduct Surveillance

Surveillance is one of the most requested services for any private investigation agency.  PI’s primarily conduct surveillance from a vehicle, although sometimes an investigator will need to get out on foot to keep track of a subject.  Surveillance is an excellent tool for many cases such as insurance fraud, infidelity, and child custody.  PI’s also use modern technology such as high-powered digital cameras and drones to enhance the evidence they can collect while out on surveillance.

Can’t Trespass

A private investigator can’t break into a home or building for any reason, and a PI must immediately leave when asked by a property owner.  Some areas of the US require a person to have owner’s permission before entering private property.  If the PI doesn’t leave immediately when asked, the property owner can call law enforcement and have the investigator prosecuted for trespassing.

Can Run Background Checks for Clients

A thorough background check is necessary to ensure a person will properly represent a company’s business interests.  Companies often hire PI’s to run background checks on new employees or job candidates.  Positions that involve high trust and security will require a background check that goes back several years and involves interviews of former business associates, friends and neighbors.  A good background check will also look for any negative financial information or criminal history.  Some clients pay to have similar pre-marital checks.  It’s good to get a subject’s consent prior to conducting a background check.  A check without the subject’s consent can become more complicated due to privacy regulations.

Can’t Pretend to be Law Enforcement

PI’s sometimes work with the police to solve a case, but that doesn’t mean they have the same powers or authority as law enforcement.  They can’t make arrests (other than a private persons’ arrest in the US), and they can’t carry any insignia that would cause a reasonable person to believe the investigator is law enforcement (i.e. badges, uniforms, emblems, etc.).  In California, PI’s must carry their state issued license with them and a photo ID whenever working for a client, and a new enhanced photo ID is also required for California PI’s.

Can Locate and Interview Witnesses

Access to modern tools, techniques, and databases help private investigators find and interview witnesses for criminal and civil cases.  The police sometimes fail to interview every witness to a criminal case. Witnesses sometimes do not want to be found.  Other times a person will not even realize they have relevant information for a case. A well-trained investigator will locate witnesses, conduct efficient interviews, and compile all the necessary witness testimony to support their client’s case.

Can’t Record Conversations without Consent

For some areas of the US, recording a conversation without at least one person being aware of and consenting to the recording is illegal.  Other places such as California, all parties involved in a conversation must give consent to be recorded.  These rules apply only in places where the concept of reasonable expectation of privacy though.  This is how PI’s get away with recording people in places like bars or while walking down the street.  If two people were having a private conversation in an office behind closed doors, both people must consent to be recorded because they have a reasonable expectation of privacy in the office.  But if the same two people were sitting at a park bench out in the open near a city street, privacy laws would not protect whatever conversation they might have.

Can Research Openly Available Internet Content

In the United States, email and social media accounts are protected by state and federal privacy laws. Hacking into someone’s personal email or social media is a crime, and an ethical private investigator will avoid even the appearance of committing such a crime.  Privacy laws do not protect a person’s account when their accounts are open to the public though.  Private investigators also use many tools to scour the internet for open source data such as names, addresses, news articles, family connections, government records, and company information.

Can’t Go through Someone’s Mail

Private investigators have no special authority to access any person’s mail without their consent. Intentionally tampering with another person’s mail is a federal offense and carries serious consequences.  A mailbox itself is considered federal property. A person convicted of theft of mail can face up to five years in federal prison and fines of up to $250,000.  Opening a mailbox to steal mail can come with additional charges such as breaking and entering and vandalism.  An ethical PI should know the consequences of tampering with any person’s mail and would never result to such tactics to gather information.

Can Dig through Someone’s Trash

Trashcans are fair game depending on where they’re sitting at the time an investigator decides to go digging.  Laws governing when garbage is no longer personal property vary by state and county, but in general, trash is considered discarded when it is set out on the curb for collection.  If an investigator goes onto private property to go dumpster diving, the act can be charged as criminal trespassing and any evidence obtained will not be admissible in court.  This is why a good PI will find out a neighborhood’s pickup day before going out to collect any trash.  Once a garbage can is left out for collection, anything inside can be grabbed for later inspection.

Can’t Get Bank Records

A good private investigator can locate the existence of bank accounts through good old-fashioned investigative work like interviews and public records searches, but accessing the details of a bank account is illegal without a court order.  Although PI’s have access to databases not available to the general public, no database exists that lists investments or bank accounts. Without a court order or search warrant, law enforcement also cannot access any person’s bank account.  The only other way to get bank records outside of a court order or subpoena, an investigator can only get bank records with the specific consent of the account owner.

Private investigators get all sorts of requests, but the items discussed here are some of the more common things clients ask to be investigated.

H7 Investigative Services conducts investigations in Santa Clarita, Antelope Valley, and throughout the greater Los Angeles area.

If you want to find out how our agency can help solve your case, click through to our consultation request page or call us at (661)454-7513.

 4 Good Reasons to Hire a Private Investigator for Surveillance

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Private Investigator SurveillancePrivate investigators conduct surveillance for several reasons. PI’s also use a variety of methods and tools to get the job done right. Video cameras, concealed cameras, still footage, and good old-fashioned binoculars are just a few of the tools of the trade. You may live in Santa Clarita or the greater Los Angeles area and have an issue where a private investigator can help. Here are 4 good reason to hire a private investigator for surveillance.

Suspected Infidelity

Your significant other may be showing signs of living a secret life. If you suspect your spouse or significant other of cheating, you want to know for sure before you decide to end the relationship. Perhaps you’ve suspected infidelity for awhile, but your spouse always has a good explanation for never being where they say they’ll be or for constantly coming home late from work. A licensed private investigator has the tools, time, and expertise to surveil your spouse or significant other to finally find out whether they’re being unfaithful.

Divorce Disputes

Unfortunately, many marriages end in divorce. The legal process of going through a divorce can be costly and emotionally draining. Along with a typical asset search, hiring a private investigator for surveillance can help discover your spouse’s secret spending habits. Child custody is another aspect of divorce where surveillance can support your claim that one parent is not fit to have custody. Video and photographs are hard to argue against and can make all the difference in your divorce proceedings.

Insurance Fraud

From organized criminal rings to simple faked injuries, fraudulent insurance claims cost the US economy billions of dollars each year. Many types of insurance fraud involve inflating a legitimate claim to garner a larger payout than what is warranted. A licensed private investigator can conduct covert surveillance to verify if a person’s daily behavior matches up with their injury claim.

Preventing Workplace Theft

Believe it or not, many companies must combat theft from their own employees nearly as much as from people walking in the front door of the business. In addition to forensic accounting, undercover stings, and employee interviews, a good PI can set up hidden surveillance cameras to catch thieving employees in the act. The losses your company can experience through employee theft far outweighs the cost of hiring a professional investigator.

These are just a few good reasons to hire a private investigator for surveillance, but these are by far not the only reasons. In any legal proceeding or in very serious private matters, verifying the facts of a given story or allegation often requires having a eyes-on verification. If you live in Santa Clarita, Antelope Valley, or the surrounding Los Angeles County communities, contact H7 Investigative Services to have a licensed professional Pi conduct surveillance for your case,