The Expert Podcast

• What is Pre-texting?
  • Pre-texting involves pretending to be someone else or fabricating a story to gather information.
  • Pre-texting itself is not illegal, but it becomes problematic when used to obtain sensitive information, such as bank records, without permission.
• When is Pre-texting Illegal?
  • If pre-texting is used to gather information like bank account records under false pretenses, it is illegal.
  • Example: Pretending to be a UPS driver to invade someone's privacy by entering their home can be considered illegal pre-texting.
• The Legal Consequences of Illegal Pre-texting
  • If information obtained through pre-texting is used in court, it could be ruled inadmissible.
  • The investigator could face legal trouble, and clients may be held liable for damages through vicarious liability.
  • Criminal charges can be applied if the pre-texting violates federal or state laws.
• Key Law: The Graham-Leach-Bliley Act
  • This federal law addresses illegal pre-texting, particularly after a major case where an investigator obtained cell phone records using false pretenses.
• Real-World Example of Pre-texting in Action
  • A lawsuit case involving an asset search where the opposing side attempted to gather information using a fake rebate check.
  • The investigator sent a check to the client, hoping to track the bank account where it would be deposited for asset discovery.
  • This tactic was illegal pre-texting, and the investigator was traced back to the opposing attorney.
  • Legal consequences followed, with sanctions against the opposing attorney.
• How to Protect Your Case
  • Always ensure investigators follow proper legal procedures and do not engage in illegal pre-texting.
  • Be aware of counterintelligence tactics and unusual activities by the opposing party, such as strange mail or phone calls.
• Investigator's Lack of Awareness
  • Many investigators unknowingly engage in illegal pre-texting, thinking their actions are legitimate.
  • It's crucial to work with experienced investigators who understand the legal boundaries to avoid jeopardizing your case.
• Takeaway:
  • Be cautious when gathering information for legal purposes—ensure investigators comply with legal standards to avoid severe repercussions in your case.