Asset Investigations and Surveillance: Legal or Crossing the Line?
Download MP3Overview: This episode discusses the significant legal liabilities that can arise when hiring a private investigator. We’ll explore real-life examples of how improper actions by investigators can lead to severe consequences, including lawsuits, criminal charges, and substantial financial damages.
Case Study 1: Surveillance in a Personal Injury Lawsuit
- A defendant in a personal injury case hired a private investigator to monitor the injured plaintiff’s activities and verify their claims of injury.
- The investigator, unaware of property boundaries, set up surveillance on the plaintiff’s land without consent, leading to a lawsuit for trespassing and invasion of privacy.
- The defendant, private investigator, and other parties involved were sued for $13 billion.
- Key takeaway: Ensure that the investigator’s actions comply with the law, especially when conducting surveillance or gathering evidence.
Legal Implications of Illegally Obtaining Information
- Discusses the importance of adhering to legal methods, such as complying with the Graham-Leach-Bliley Act when conducting background checks or obtaining financial records.
- Example: Using false documents or pretexting to gather information illegally, like a private investigator did in an early 2000s case, can lead to serious legal trouble.
Case Study 2: Unauthorized Bank Account Search
- A private investigator illegally obtained a client’s bank account information by using a fake company and check to gain access to account details.
- The tactic, known as pretexting, was discovered, leading to serious legal consequences for the investigator.
- The importance of knowing the legal limits of investigative practices, especially when dealing with financial data, is emphasized.
Case Study 3: Corporate Espionage and Illegally Obtained Phone Records
- A major tech company hired a private investigator to illegally obtain cell phone records of board members to identify the source of media leaks.
- This illegal action resulted in millions of dollars in fines, criminal charges for company executives, and a significant legal debacle.
- This case highlights how actions that may seem like a simple solution to a problem can lead to costly repercussions if not handled properly.
Best Practices for Hiring Private Investigators
- Before hiring an investigator, ensure they are knowledgeable about the legal boundaries of their work, especially in areas like surveillance, asset searches, and obtaining personal information.
- Working with a reputable and experienced investigative firm reduces the risk of illegal actions and protects clients from legal liability.
Final Takeaway:
- If you're a law firm, plaintiff, or consumer hiring a private investigator, always ensure they operate within legal guidelines. An investigator’s actions can expose you to liability, even if you are unaware of their methods. Conduct thorough due diligence to prevent potential legal issues.
