FBI Domestic Investigations and Operations Guide

 Interesting article in NYT about release of the FBI’s Domestic Investigations and Operations Guide, see NYT Article, See the Guide, or the DIOG, here  DIOG Part 1-4, DIOG Part 5-9, DIOG Part 10-11.11.9, DIOG Part 11.12-17, Appendices

The FBI says:  The DIOG establishes the FBI’s internal rules and procedures to implement the Attorney General’s Guidelines for Domestic FBI Operations (AGG-Dom).  The DIOG and the AGG-Dom were promulgated in late 2008 to ensure that the FBI is equipped with all lawful and appropriate tools so that it can transform itself into an intelligence-driven organization that assesses and investigates criminal and national security threats to our nation and its people. Both documents have been released to the public as part of an ongoing effort to assure the American people that FBI employees will carry out their mission according to an established set of rules and with full respect for the constitutional and statutory rights of the people.

 These rules, which will be audited and enforced through a rigorous compliance mechanism, are designed to ensure that FBI assessments and investigations are subject to responsible review and approval and do not target anyone or any group on the basis of race, ethnicity, religion, or the exercise of any other right guaranteed by the Constitution.  

The DIOG is a living operational guide and its release to the public is intended to provide as much transparency as possible. It will be reviewed and changed periodically, as law and policy change and as circumstances dictate. Because it does govern FBI operations and investigations, not all of its contents can be released as they provide too much of a road map to those who pose a threat to the nation. The FBI will, from time to time, reassess whether additional information can safely be released.

All very interesting. Now you can investigate and get tips on investigations techniques.

Bill Lowrance, McLean, VA
www.lowrancelaw.com
www.informationinsightsinc.com

New and Revised Competitive Intelligence Resources–2009

From Be Spacific, news about Sabrina I. Pacifici’s “Competitive Intelligence – A Selective Resource Guide – Updated and Revised October 2009″ research “master tool” to learn about companies, people and other things via free/lowcosts Internet sites. This is the “best of list” of the Internet. Great links, great research tools. See LLRX CIGuide 

Great investigative resource. Check it out.

Bill Lowrance

Lowrance Law LLC and Information Insights Inc

CIA World Fact Book 2010

The CIA published its new World Fact Book. Its available in paper or on Web.

See CIA World Fact Book

Bill Lowrance

Lowrance Law LLC

Adultery in Virginia–Proving It

A popular topic in Virginia law is adultery. (NOTE: NO LEGAL OPINION HERE)  Usually, adultery is considered in light of grounds for divorce.  In Virginia there are two kinds of divorces: 1. bed and board divorce and 2. absolute divorce.  I am not going to bother using the latin terms that the Commonwealth favors, but suffice to say that the bed and board divorce amounts to a perpetual separation protecting persons and property. If you get a b&b divorce, you cannot remarry during the life of your ex spouse.  An absolute divorce, permanent and you can remarry, may be granted on one of three fault grounds or on a no-fault separation ground.

Adultery is one of the three grounds for an absolute divorce.  So, what is adultery? A person who, being married, voluntarily has sexual intercourse with another person who is not his/her spouse commits adultery.  If a spouse finds out about the adulterous act, he/she could file for an immediate divorce, but to get the divorce based on adultery, you must prove adultery by clear and convincing evidence based upon proven facts and reasonable inferences drawn from the facts. The Virginia courts have said that “strongly suspicious circumstances are insufficient.”

So, adultery can be proven based on circumstantial as well as direct evidence. It all depends on the facts in a case. A lot depends whether the trier of fact finds the witnesses credible. In addition, adultery grounds must be corroborated by a third party other than the husband/wife. Many people use private investigators to gather evidence of adultery, and the investigators may testify about their investigation.  The Virginis courts have noted in the past that a private investigator’s testimony will be subjected to the strictest scrutiny by the courts and acted upon with caution. 

In next post I will give examples from various Virginia cases dealing with adultery.

Bill Lowrance

NOTE: I am not giving legal opinion and I am not your lawyer if you read this page.

If you want my legal opinion contact me at 703 506 1600, www.lowrancelaw.com

New DOJ Manual Computer Crimes

Excellent DOJ manual on searching and seizing computers and obtaining electronic evidence in criminal cases.

Department of Justice, CCIPS (Computer Crimes and Intellectual Property Section) has just published an updated version of its computers and electronic evidence surveillance manual.  See it on the www.cybercrime.gov website here:  Here

Bill Lowrance

Finding An Investigator

Well, it has been a while since any good investigative resources were posted, but I will be back in the future.  No longer associated with PIAVA–Private Investigators Association of Virginia.  Good content will continue, however, for all those interested in investigations and investigative resources.  In fact, in you have a question about investigations or need investigative resources, call me for a consultation. 

I continue to operate a private investigation business at Information Insights Inc.com and I also opened a solo law practice–see Lowrance Law LLC.  I have many years of investigative and legal experience.  My legal practice includes family law matter–divorce, custody and support and most important enforcement of post divorce custody, support, visitation and other matters.  Contact me if I can assist you in legal or investigative matters.  Contact information is in upper left corner.

When hiring a private investigator always check the Department of Criminal Justice’s website to determine if the individual or business is properly licensed.  See VA DCJS

Also, check on the experience and dedication of anyone you employ as an investigator.  Fees for private investigators may range from $55 per hour to $150 per hour–sometimes even more depending on the type and complexity of the matter.  Remember the lowest charge does not always mean the best service–experience, education and professionalism count.

Bill Lowrance

VA Freedom of Information Advisory Council

Interesting public records activity in Virginia.

The Virginia Freedom of Information Advisory Council, FOIA Council , is having a meeting today the Personal Identifying Information Subcommittee of the FOIA Council. Meeting is today, Monday, June 8, 2009, 1 p.m., in the Speaker’s Conference Room, Sixth Floor, General Assembly Building, 910 Capitol St., Richmond, VA.  See Memo and agenda HERE

Agenda includes:

Review of bills referred by the 2009 Session for further study by the FOIA Council:

Department of Game and Inland Fisheries; disclosure of official records; exceptions. Provides that records of the Department shall be subject to the disclosure provisions of the Freedom of Information Act, except that personal information, as defined in § 2.2-3801, of individual applicants for or holders of any hunting, fishing, boating, or trapping license issued by an agent of the Department shall be withheld from public disclosure, provided that such individuals have requested that the Department not disclose such information. However, statistical summaries, abstracts, or other records containing information in an aggregate form that does not identify individual applicants or licensees shall be disclosed. The bill provides, however, that such information may be released (i) in accordance with a proper judicial order, (ii) to any law-enforcement agency, officer, or authorized agent thereof acting in the performance of official law-enforcement duties, or (iii) to any person who is the subject of the record.

HB 2471 (Hugo); Freedom of Information Act; salary records of teachers. Provides that the disclosure of the names of individual teachers is not required under FOIA in response to a request for the official salary or rate of pay of employees of a local school board.

HB 2630 (Crockett-Stark); Law-Enforcement Officers’ Privacy Protection Act. Allows a law-enforcement officer to request that personal information about the officer be withheld from disclosure on public records. For purposes of the Act, “personal information” includes the officer’s name, social security number, address, phone number, and any other information that could be used to physically locate the officer. NOTE:  You will recall that Delegate Crockett-Stark was present at the April 27, 2009 FOIA Council meeting to discuss HB 2630.  She indicated that there is a similar law in place in Ohio that was enacted because a family member of a law enforcement officer was murdered after personal information about the officer was made available. She stated that her sheriff had requested a similar law in Virginia.  Staff noted that in Virginia personal information about public employees is exempt from FOIA; however, real property assessment records and court records are open to the public as a matter of law.   The Council noted that there are two competing policies at work in this instance– privacy versus a community’s awareness of the identity of its officers.  The Council asked Delegate Crockett-Stark to have her contact call Delegate Griffith to identify the specific issue of concern so that the scope of the bill could be narrowed to address the issue.

SB 1332 (Cuccinelli); Private entities operating, managing, or supervising any portion of the state highway system. Provides that a private entity that operates, manages, or supervises any portion of the state highway system and receives funding from the Commonwealth or any of its political subdivisions shall be considered a public body for purposes of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) of the Code of Virginia as it relates to that portion of the private entity’s business operations responsible for operating, managing, or supervising the portion of the state highway system. 

At the April 27, 2009 FOIA Council meeting, members of the Council agreed that the issue behind this bill was unclear.  Senator Griffith directed staff to re-invite Senator Cuccinelli to address the Council at its next meeting.  Therefore no action is required by the Subcommittee at this time.
 
Social Security Numbers and the Government Data Collection and Dissemination Practices Act (GDCDPA):

Collection of SSNs: The Council has already indicated its intent to continue studying this area, which will coincide with the analysis of the results of last year’s survey regarding collection and use of SSNs.  This year’s study will focus on identifying and eliminating the unnecessary collection of SSNs by government. It is hoped that by limiting collection in the first instance, the need for additional protections to be added later will be reduced or eliminated.  In addition, because the SSN survey produced an unexpectedly large volume of responses that necessitated additional time for analysis, SB 1318/HB 2426 were passed in 2009 as recommendations of the FOIA Council to delay until 2010 the implementation date prohibiting the collection of an individual’s social security number unless collection of such number is (i) authorized or required by state or federal law and (ii) essential for the performance of that agency’s duties.  Note that in light of HB 2427 (May), establishing the Protection of Social Security Numbers Act, as discussed below, the Council needs to decide what further action, if any, needs to be taken

Disclosure of SSNs: HB 2427 (May) establishes the Protection of Social Security Numbers Act (the Act), which will become effective July 1, 2009.  In brief, the Act exempts from FOIA the first five digits of SSNs except under certain limited circumstances, and provides penalties for improper disclosure.  The final four digits of SSNs found in public records will remain open to public disclosure under FOIA.   In past meetings the Council has debated the merits of this and other protective schemes that would limit the disclosure of SSNs.  Again, the Act’s passage in 2009 raises the question of whether any further action regarding disclosure of SSNs is necessary at this time, and if so, what form should that action take.

Bill Lowrance

New Competitivie Intelligence Search Tools

Excellent stuff:

Competitive Intelligence – A Selective Resource Guide – Updated and Revised March 2009 — Click  LLRX

Sabrina I. Pacifici’s completely revised and updated pathfinder focuses on leveraging selected reliable, focused, free and low cost sites and sources to effectively profile and monitor companies, markets, countries, people, and issues. This guide is a “best of list” of web, database and email alert products, services and tools, as well as links to content specific sources produced by governments, academia, NGOs, the media and various publishers.

Bill Lowrance
McLean, VA
www.informationinsightsinc.com

www.lowrancelaw.com

Twitterers?

Any of you Twitter?  Worldwide Twestival is ongoing.

Twitter Festival Read Here

Bill Lowrance

Lowrance Law LLC

McLean, VA, Law Firm

Public Court Records–Free

The New York Times has interesting story today about PACER the government run federal courts database. See Pacer Here  NYT Story

PACER is the US government site for federal court records.  Pending case information is available along with old, closed case information.  You need an account with them so that you can search the database.  Also, you have to pay 8 cents per page for downloading.  Almost all federal courts are on the system, and you can search by name, case number and in all or individual courts.

According to the NYT story Public Resource is taking the case information from the PACER system and making the information publicly available without charge.  It is a good site to check out if you are doing public record research.

Bill Lowrance

Check out new law firm Lowrance Law LLC

LAPD Fingerprint Mistakes–Review 1000 Cases

 

 

Last year the LA Times reported, after an investigation, that six print analysts with the LAPD latent print section had made critical errors in their work.  The critical errors were caused by the unit’s being marred by inadequate training, antiquated facilities, poor supervision, careless handling of evidence and other shortfalls.

Unfortunately, LAPD does not have adequate funding to upgrade and modernize the fingerprint section.  A task force of prosecutors and LAPD personnel are reviewing cases to determine if the errors caused a wrongful conviction.

Read the whole story: Click Here

Bill Lowrance

www.lowrancelaw.com

Service of Process By E-Mail?

 

 

 

  Earlier this month The Virginia Lawyers Weekly reported that an Australian attorney attempted service of process via a Facebook account (see  Click Here.  Of course, this is a unique way to serve a lawsuit since most service of process is by personal service, publication, posting or via mail. 

Now the Virginia Lawyers Weekly reports that a similar situation is happening in Federal District Court in Virginia.  Virginiaattorneys for indicted US Representative Willian J. Jefferson, D-La., asked US District Judge T.S. Ellis III to allow service of prcess by e-mail to an elusive international witness.  Read the whole story:  Click Here  Go directly to the motion filed Here.

Happy New Year to all.

Bill Lowrance
www.lowrancelaw.com

Blog Roll and Links

We have a lot of good links in the left column.  I added AltSearchEngines to the blog roll today.  Check out AltSearchEngine when you want to know the latest, newest, specialized and unique search engines out in the web.

Charles Knight, AltSearchEngine guy, says:  “Our goal for AltSearchEngines is to make it the definitive destination for everything related to alternative search engines – over 1,000 of them!Our motto: “The most wonderful search engines you’ve never seen.”

AltSearchEngines is edited by Charles Knight, a respected industry analyst and reformed SEO from Charlottesville, Virginia.

Bill Lowrance

Looking For A Grave?

Sometimes private investigators conduct in depth research looking for people, family members, friends or relatives.  I ran across this site Find A Grave that was cited at that great site AltSearch Engines.

According to Find A Grave it ”is a resource for finding the final resting place of family, friends, and ‘famous’ individuals. With millions of names and photos, it is an invaluable tool for the genealogist and family history buff. Find A Grave memorials can contain rich content including photos, biographies and dates.”

Jim Tipton created the Find A Grave website in 1995 because he could not find an existing site that catered to his hobby of visiting the graves of famous people. He found that there are many thousands of folks around the world who share his interests. What began as an odd hobby became a livelihood and a passion. Read about the whole staff  Here

Bill Lowrance
www.lowrancelaw.com

FBI Kidnappings & Missing Persons Site

Ron McKown sent this interesting link to the FBI Kidnapping & Missing Persons site.  Check it out here Kidnappings.

Bill Lowrance
www.lowrancelaw.com

www.informationinsightsinc.com

Backwater Guards Indicted

Once again Blackwater security comes under scrutiny.  The Washington Post reports that five Blackwater security guards were indicted by a federal grand jury for a September 2007 shooting incident in which 17 Iraqi citizens were killed.  The guards worked as security contractors for the US State Department.

Read whole story Click Here

Bill Lowrance
www.lowrancelaw.com

www.informationinsightsinc.com

FBI Warns Holiday Cyber Scammers

FBI alert

The FBI is reminding people this holiday season that cyber criminals continue to aggressively seek ways to steal money and personal information. Scammers are using several techniques to fool potential victims including sending unsolicited e-mails that contain attachments such as electronic greeting cards containing malware (malicious software), setting up spoofing websites that look like legitimate commercial sites, and unleashing phishing and vishing attacks where individuals receive e-mails asking for personal data.

“These cyber scammers will do whatever they can to steal your money and personal information this holiday season and are trying many different ways to commit these crimes. The best way to protect yourself is to report these scams to law enforcement or the Internet Crime Complaint Center, IC3,” said Shawn Henry, Assistant Director, FBI Cyber Division, Washington, D.C.  Read Story Here

Bill Lowrance

Attorney at Law
www.lowrancelaw.com

IRS Mileage Rates New 2009

The Internal Revenue Service issued the 2009 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.

Beginning on Jan. 1, 2009, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:

• 55 cents per mile for business miles driven
• 24 cents per mile driven for medical or moving purposes
• 14 cents per mile driven in service of charitable organizations

The new rates for business, medical and moving purposes are slightly lower than rates for the second half of 2008 that were raised by a special adjustment mid-year in response to a spike in gasoline prices. The rate for charitable purposes is set by law and is unchanged from 2008.

The business mileage rate was 50.5 cents in the first half of 2008 and 58.5 cents in the second half. The medical and moving rate was 19 cents in the first half and 27 cents in the second half.

The mileage rates for 2009 reflect generally higher transportation costs compared to a year ago, but the rates also factor in the recent reversal of rising gasoline prices. While gasoline is a significant factor in the mileage rate, other fixed and variable costs, such as depreciation, enter the calculation.

See Whole Story Click Here

Bill Lowrance
Attorney at Law

Lowrance Law LLC

Attorney Sentenced To Three Years In Pellicano Case

A prominent Los Angeles attorney was sentenced Monday to three years in federal prison and fined $250,000 for conspiring with Hollywood private investigator Anthony Pellicano to wiretap billionaire Kirk Kerkorian’s former wife.  See LA Times Story.  Christensen’s attorney argued for a sentence of confinement in Christensen’s Beverly Hills home.  Nice if you can get it.  The judge did not buy into this unique alternative sentencing, however.

Prosecutors said Christensen hired Pellicano to wiretap Kerkorian’s ex-wife, Lisa Bonder Kerkorian, who was seeking $320,000 in monthly child support for her then-4-year-old daughter, to gain an edge in the high-stakes legal battle.

Remember professional investigators do not break the law to accomplish a job.  When you hire a private investigator you should emphasize that the investigator act in a legal and appropriate manner.  You do not want to go to jail, and you do not want to be in the headlines of the Washington Post.

Bill Lowrance
Attorney & Private Investigator
Lowrance Law LLC
McLean, VA

Pitfalls When Using The Web To Find Someone

Posted by:
Ed Hruneni
VP PIAVA

When interested in finding an old friend or an associate whom you have lost contact with many people search the web and use Google among other web resources.

Often this works but then again often it leads to just frustration. The next step usually is looking on the web for free or pay services which advertized that they will locate old classmates, missing family members and loves of your past! Find anyone!

The free ones sometimes only get you on another junk mailing list, without getting anymore info than you already had. Other free sites are really not free at all, they do the check for free but then there is a cost for providing you any info they found. The cost can vary from $30 to $100.

You’re so close you go for it, and then results come in and, it’s the same info you already obtained from Google and sometimes even less. You want to complain but you notice that there are no addresses or telephone numbers listed so that you can make a complaint.  Consumer-complaint sites are loaded with complaints about these types of scams.

What could be next, try another web only company that charges up front for their services. Many people have tried this approach and many have lost chunks of money with little or no results.

Give Up? Do what you probably should have done to begin with. Find a Licensed local Private Investigation company that has the resources to obtain the information you’re looking for. Get the cost up front from a real person whom you can talk to, of which you have their name, address, and phone number.

To get access to data bases needed for this type of work, a real legit company has to be licensed, and checked out by the data base service. Information obtained needs to be analyzed by a real licensed/registered Investigator often a person with a past law enforcement background. This produces more accurate and better cross checked information. A computer geek without investigative experience who does not have the time to spend on your case (since he/she deals with volume not accuracy, and gets no additional money for providing more info) will not give you the same results.

Good luck with your future searches. Be aware there are companies like American Security Programs that will provide this type of service and only charge the customer if the information requested is obtained. No results no cost.

Ed Hruneni
VP American Security Programs
Investigative Services
www.securityprograms.com<