Practical Handbook for Professional Investigators / Edition 3

by Rory J. McMahon CLI CFE, Randy Dickson

Overview

An increase in fraud cases has escalated government accountability and corporate oversight, and media attention on cases ranging from missing persons to white-collar crime has increased the visibility of professional investigators. This has resulted in a great source of increased work for the profession. The third edition of Practical Handbook for Professional Investigators continues to supply an up-to-date, nuts-and-bolts learning tool for students and an everyday reference for investigative professionals at all levels.

More relevant than ever, this edition adds two new chapters on death and terrorism investigations and several new sections, including:

• Insurance fraud, fire and arson investigation, and liability claims investigation

• Indicators of online marital infidelity

• Obtaining governmental records to locate people and sample reports for skip tracing

• Practical considerations for surveillance and procedures for interception of wire or oral communications

• Service of subpoenas for witnesses in federal courts

• Testifying in court—including witness and evidence preparation, trial tactics used by attorneys, and an investigator’s rights as a witness

• The Rules of Professional Conduct

• Niche markets in the investigative industry

• Managing and marketing an investigative practice, running a paperless office, and customer retention

An unparalleled guide to the ins and outs of private investigation, Practical Handbook for Professional Investigators, Third Edition, belongs on the shelf of every professional and trainee.

Rory McMahon appeared on Al Jazeera America to discuss his investigation company, The Grafton Group.

Product Details

ISBN-13:	9780367866815
Publisher:	Taylor & Francis
Publication date:	12/09/2019
Edition description:	3rd ed.
Pages:	580
Product dimensions:	6.12(w) x 9.19(h) x (d)

About the Author

Rory McMahon owns and operates a successful investigative agency based in Fort Lauderdale, Florida. He works throughout the United States and specializes in both fraud and legal investigations. He also conducts training seminars, including a one-day fraud seminar held in various cities. He has written articles that appeared in PI Magazine and various professional association newsletters, including NALI, FALI, TALI, and PPIAC, as well as journals throughout the world.

Table of Contents

Preface xv

Acknowledgments xix

The Author xxi

1 Introduction 1

Job Outlook 1

Earnings 2

2 Skills Needed to Become a Successful Investigator 3

Three Methods That Investigators Use to Obtain Information 3

What Is an Investigator? 3

Attributes of a Successful Investigator 4

3 Foundations of Investigation 9

Types of Investigation 9

Assignments Performed by a Professional Investigator 11

Sources of Information 14

Missing Persons 27

Undercover Operations in Business Settings 34

Asset Protection-Loss Prevention-Access Control 36

4 Interviews, Interrogation, and Taking Statements 41

Introduction to Interviews 41

Purpose of the Interrogation 45

Taking Statements 52

5 Legal Investigations 61

The Legal Investigator 61

Structure of the U.S. Constitution 62

The Bill of Rights 64

Habeas Corpus 66

Criminal and Civil Procedure 66

The Concept of Crime 70

The Effective Limits of Criminal Law 70

The Authority to Arrest 71

Investigative Detention Short of Arrest-Stop and Frisk 71

Searches 72

Interrogating the Accused 72

The Trial 72

Legal Investigations 83

Role of the Legal Investigator 85

Evidence 85

Conducting Legal Investigations 89

Case Study: United States v. Nancy Walter 90

Case Study: United States v. Pedro Huezo 91

6 Fraud Investigation 97

Corporate Fraud 99

Economic Crime Schemes 103

White-Collar Crime 108

Corporate Crime 109

Boiler Rooms-Telemarketing Fraud 119

How to Conduct a Criminal Fraud Defense Investigation 130

"Eating the Elephant": Defense Investigations for Complex Fraud Cases 131

Case Studies 138

Appendix 6.1 Sample Activity Reports 148

7 Computer Crime 153

Computer Crimes 153

Computer Fraud 154

The Computer Crime Investigator 155

Investigative Methodology 156

Areas of Computer Abuse 156

Institutional Vulnerability 159

Appendix 7.1 Investigation of Computer Fraud 163

Appendix 7.2 Computer Crime 163

Appendix 7.3 The Internet and the World Wide Web 166

Computer Forensics 167

8 Criminal Investigation 175

The Investigative Function 175

Role of the Criminal Investigator 175

Reasons for Investigating Crime 176

Limitations on Solving Cases 179

Investigative Theory and Methods 180

Types of Evidence 181

Uses of Evidence 181

Development of a Set of Suspects 182

Methods of Investigation 182

Phases of the Investigation 184

Rules of Evidence 188

Role of the Police 194

Government Agencies 196

Nuts and Bolts 196

Conducting a Criminal Investigation 197

Investigators Pretrial Responsibility 197

Case Studies 206

Component Method™ of Criminal Defense Investigation 212

Suggested Reading 214

Appendix 8.1 The Grand Jury 214

9 Death Investigation Dean A. Beers, CLI 219

An Overview of Death Investigation 219

What Is Death? 220

Medicolegal Death Investigations in Criminal Cases 222

The Investigative Protocol 223

What Is Death Investigation? 224

Are All Deaths Autopsied, or What Determines an Autopsy? 225

Key Concepts to Review and Analyze 227

History of Decedent 233

Forensic Autopsy 235

Determine the Cause and Manner of Death 241

In Conclusion 245

10 Terrorism Investigations Douglas K. Haas 247

Terrorism Defined 247

Types of Terrorism 248

Government Approach to Terrorism 249

Government Tactics 251

Entrapment 251

Criminal Activity by Terrorist 252

Your Client 254

Suggested Reading 254

Case Study: Terrorism Investigation 255

11 Insurance and Arson Investigation 263

Insurance 263

Risk 264

Probability 264

Ideal Requirements for Insurability 265

Insurance Contracts 266

Negligence 269

Insurance Adjusting 270

Types of Insurance 271

Government Regulation of Insurance 280

Insurance Fraud 284

Fire and Arson Investigation 287

Liability Claims Investigation 294

Appendix 11.1 Sample Investigative Report 295

Appendix 11.2 Sample Vehicle Fire Report 299

Appendix 11.3 Car Theft, Past, Present and the Future 302

Appendix 11.4 Car Insurance Scam 305

12 Domestic Investigations 311

Appendix 12.1 Sample Activity Report 314

Appendix 12.2 Indicators of Online Marital Infidelity 316

13 Due Diligence and Background Investigations 319

Due Diligence Investigations 319

Scope of Investigations 326

Content of Investigations 327

Legal Constraints 329

Preemployment Screening 331

14 Locates and Skip Tracing 333

The Basics of Skip Tracing 333

Relevant Federal and State Statutes 333

Beginning the Process 334

Skip Tracing Resources 335

Searching for Financial and Business Information 339

Searching for Legal Information 339

Search Engines 340

Other Internet Sites 344

Government Records 345

Appendix 14.1 IRB-Custom Comprehensive Report (Sample) 349

Appendix 14.2 Sample Forms 352

15 Surveillance 361

General Rules 361

Presurveillance 361

Foot Surveillance 362

Automobile Surveillance 362

Stakeouts 364

Tactics 365

Surveillance Equipment 366

Technical Surveillance 367

Practical Considerations 368

Procedures for Interception of Wire or Oral Communications 369

Appendix 15.1 Notes on Surveillance 369

Appendix 15.2 Glossary and Sample Logs 413

Glossary 413

16 Service of Process 417

Types of Service 417

Proof of Service 418

Pitfalls to Avoid 418

Service of Subpoenas for Witnesses in Federal Courts 418

Appendix 16.1 Florida Statutes Governing Service of Process 422

17 Testifying in Court 439

The Investigator Pretrial 439

The Investigator during Trial 439

Preparation of Witnesses by Investigator 440

Preparation of Evidence 441

The Investigator as a Witness 441

Trial Tactics Used by Attorneys 444

Testifying in Court for Law Enforcement Officers 445

Expert Witnesses 451

Tips for Testifying in Court 452

Your Rights as a Witness 455

Types of Evidence 457

Testifying as a Witness or Victim, or an Expert Witness 458

18 Ethics 463

Confidentiality and Privacy 464

Truth 464

Keep Informed 465

Promote Education and Advocacy 465

Business Conduct 465

Avoid Conflicts of Interest 466

Fair Representation to Clients 466

Treatment of Competitors 466

Legal Issues 467

Render Services That Match Your Qualifications 467

Reporting 468

Compensation 468

Advertising 468

Client Relations 469

Testimony 469

Equal Rights 469

Appendix 18.1 U.S. Association of Professional Investigators (USAPI) Code of Ethics 470

Appendix 18.2 Ethics 470

Appendix 18.3 Investigative Ethics 471

Appendix 18.4 Summary of the Rules of Professional Conduct 472

19 Finding a Niche 477

How to Find Your Niche 479

Double-Check Your Choices 481

Niche Markets in the Investigative Industry 481

20 Getting Licensed 483

21 Operating a Professional Investigative Agency 485

Choosing a Name 485

Form of Operation 485

Location 486

Pricing 487

Bookkeeping 487

Business Problems 488

Licenses and Permits 489

Taxes 489

Appendix 21.1 Tips for Operating Your Agency 502

Appendix 21.2 The Paperless Office 503

Appendix 21.3 Managing and Marketing Your Investigative Practice: An Interactive Discussion 505

Appendix 21.4 Case File Management 507

Appendix 21.5 "PI" Should Also Mean "Professional Image" 509

Appendix 21.6 Three Ways to Raise Prices without Losing Customers 514

22 Professional Associations 517

National Associations 517

Additional Specialty Associations of Interest 525

International Associations 525

State Associations 525

Appendix 22.1 Recommended Associations 528

Index 531

Editorial Reviews

"… a comprehensive and authoritative examination of all the components involved in becoming a law enforcement and counterterrorism investigator."
—Joshua Sinai, Perspectives on Terrorism

" … effectively lays out the fundamentals and guides the reader through the many types, forms, and methods of professional investigations in the private sector. As a reference and text for the novice or student, it is an excellent resource."
—Eugene F. Ferraro, CPP, PCI, CFE, SPHR in Security Management

From the Publisher