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Friday, September 11, 2015

So you want to hire (or perhaps become) a Private Investigator. There are some things you should know. (Part 2)






This is part 2 of an informational essay on what is necessary to become a private investigator; and / or how a potential client might find and retain a qualified private investigator.  Information most understandable if read in order.


In Oregon, for example, you should understand that the licensing process is basic and generally attempts to determine if the potential applicant understands associated State law and general liability issues.

Additionally, the applicant is fingerprinted to verify that there is not some sort of criminal background of which the State should be aware.  The applicant is required to be bonded or insured.  In Oregon, a minimal bond is required.  However, many PI firms carry liability insurance for the protection of themselves and the client, with coverage in the neighborhood of one million or more.

In Oregon, and there are variations of this in other States, applicants with little or no prior investigative experience are allowed a ‘provisional license,’ – until they gain some rudimentary experience.  This might be something the potential client may want to inquire about.  Experience is generally important in most professions, but particularly in PI work.  Some states, a few, require no licensing whatsoever.

The ‘excepted category,’ referred to under Oregon law and frequently used in other States, largely refers to private investigators who work for a single employer.

Many law firms use this exception for the purpose of deploying their paralegal or administrative assistant (secretary) to conduct investigations, rather than retaining a licensed private investigator.  It is a practice that is not, for the most part, known to the public.  Theoretically, the paralegal or administrative assistant is under the constant supervision of an attorney; and, I believe, covered by the attorney’s ‘errors and omissions’ insurance.  Whether or not this constant supervision is actually true or even practicable is a controversial issue within the private investigative field.

Clients, when dealing with investigative fees incurred by a law firm (sometimes very expensive investigative fees), should not be shy about asking who conducted the investigation and what was his/her qualifications.  Attorneys use this ‘excepted category,’ as an additional profit opportunity.  Some paralegals and administrative assistants, possibly through trial and error, become quite competent.  Nonetheless, if a client has an important issue that requires a professional investigation, I recommend that you not trust that investigation to the Attorney’s secretary.

Furthermore, attorneys should be aware of the potential requirement that they might have to call a private investigator as a witness – perhaps to impeach another witness or another PI – and what type of impression their PI may have on the jury, including whether or not the PI appears qualified and professional.

One additional comment, that hopefully most attorneys are aware, is that attorneys need to insulate themselves from the witness interview process to preserve their own credibility.  Whether this necessary insulation is preserved by having one of their employees conduct a witness interview is, in my opinion, doubtful.

Some companies and corporations have ‘staff’ investigators.  And, I suppose it makes sense that these staff investigators not be required to be licensed in every state in which they work on behalf of their employer.  On the other hand, if the staff investigator is headquartered in a state that requires licensing, it’s hard for me to accept that he/she should be exempted from usual and customary standards, including the required periodic training and educational programs.  I think the public should expect consistent standards all around – just my opinion.

Who becomes a private investigator?

To be continued…


True Nelson

Wednesday, September 9, 2015

So you want to hire (or perhaps become) a Private Investigator. There are some things you should know. (Part 1)




This will be an informational essay on what is necessary to become a good private investigator; and / or how a potential client might find and retain a qualified private investigator.  I will split this essay into 'parts' to accommodate my blog format; and the information would be the most beneficial if the parts are read in order.

Many believe that the sole purpose of a private investigator is to ‘observe or interview and then report.’  As a result, it is commonly believed that these attributes fall within the province of almost any literate person regardless of background, experience, education and training.  Experienced investigators not only know the quickest, most cost efficient manner of accomplishing a project, they also carry-out the assignment in a legal and professional manner which does not adversely impact the client.  Furthermore, the more an investigator knows and understands about a situation the more useful and valuable his observations will be to others.

I’m occasionally asked about how one selects a private investigator.  And, I must admit this can be difficult.  I will attempt to simplify the process.

Licensing:  Most states now have licensing for private investigators, but not all.  Oregon and Washington do have licensing.  In other states, generally typing in your online search function ‘a State’s name with a request for licensed Private Investigators’ will immediately display the necessary information.

What is a Private Investigator:  Per Oregon Statute:  “Investigators solicit or accept employment to obtain or furnish information about persons, property, crimes, accidents, etc. [Oregon Revised Statutes 703.401(3)]

Investigators must be licensed unless they are in an excepted category. [Oregon Revised Statutes 703.411]” Other States generally have a similar definition.  (Will explain this later.)


What you really would like to know is what makes a good PI and how do you select a private investigator from the several hundred, perhaps thousands that are available in each State.  OK - can do.

To be continued...


True Nelson

Wednesday, September 2, 2015

Nicholas Kristof / Guns / His View from the Ivory Tower



I must take issue with Nicholas Kristof, and his recent op-ed piece “Lessons from the Murders of TV Journalists.”  Of course, Kristof had to give us some clarity and expound on his anti-gun position, relevant to the tragedy in Virginia.  Mr. Kristof, do they actually pay you for this stuff?  Oh yes, I almost forgot.  You went to Harvard.  OK, I apologize and retract that insensitive remark.

However, if I might digress for a just a moment, Harvard is becoming a sort of inside joke (from Frazier Crane to Barrack Obama); a joke that everyone appreciates – other than Harvard alumni I understand.  It must be a very difficult school to get into – unless you are wired in some way.  I know our President had a difficult time preparing himself for the rigors of a Harvard education.

Obama quoted:  “Man, I wasted a lot of time in high school.  There were times when I, you know, got into drinking, experimented with drugs.  There was a whole stretch of time where I didn’t really apply myself a lot.”

I wonder if Harvard has that Presidential quote prominently displayed on campus as motivation for their new recruits.  I might suggest a caption:  See, anyone can do this.

Back to the topic at hand:  statistics lie and liars use statistics.

Kristof:  “More Americans have died from guns in the United States since 1968 than on the battlefields of all the wars in U.S. history.”

Hardly original, that old stat was drug-out years back by Mark Shields, who we all know from the PBS News Hour.  And, yes, apparently that is a fairly accurate statistic from what I can determine.  But, what Kristof fails to mention is that the vast majority of those deaths were by accident or suicide.  Kristof would probably respond, ‘Well, yes, but so what?’  It’s the implication Mr. Kristof – don’t you get it?  Accidents happen (car accidents, occupational accidents, and stupid accidents) and people intent on suicide would have found a way under any circumstances.  Furthermore, Kristof, by inference, seems to minimize the sacrifices of our military for what I consider to be a meaningless comparison.

Kristof:  “More Americans die in gun homicides and suicides every six months than have died in the last 25 years in every terrorist attack and the wars in Afghanistan and Iraq combined.”  Again, he drags in military deaths and our military personnel’s, relatively speaking, inconsequential sacrifices – something he knows little about – having never served in the military.  That said, I can’t statistically refute the statement he makes, other than possibly the word “every.”  Those kind of statistics are harder to track down.  But, Mr. Kristof wouldn’t try to mislead – or would he?

Oh, just a small additional observation, why does Obama tend to label obvious terrorist attacks as workplace violence?  Is he attempting to tamper with statistics?
  
Kristof:  “To protect the public, we regulate toys and mutual funds, ladders and swimming pools.  Shouldn’t we regulate guns as seriously as we regulate toys?"

I guess Kristof is unaware of the fact that there are in excess of 20,000 statutes, ordinances and regulations regarding guns and ammunition at the Federal, State and Local levels.  Can some improvements be made?  Yes, but shouldn’t we look at strong enforcement of current laws first?  I’d support that.

Here are a few new laws that I would favor:
  •                Convicted felon in possession of a gun:  automatic three years in prison – no judicial discretion, no chance for parole.
  •                Knowingly selling or furnishing a gun to a convicted felon:  automatic three years in prison – no judicial discretion, no chance for parole.
  •                Theft of a gun, during the commission of a felony:  automatic three years in prison – no judicial discretion, no chance for parole – in addition to any time associated with the attendant felony.

I could go on, but what’s the point?  A few, very few, people will read my blog post.  Whereas, millions will read and be influenced by Kristof’s ramblings.  That’s not really fair; but is, nonetheless, one of the benefits of a Harvard education.


True Nelson

Sunday, August 30, 2015

Alek Skarlatos, Spencer Stone, Anthony Sadler / You Make Us Proud / Conclusion (3 parts)



Now that I have offended much of the French populace, I might add that they shouldn’t really concern themselves with my personal opinion because many Americans wish we were just like the French.  And, quite a few of our political leaders are moving us, gradually you understand, in that direction.  Soon we too will have mercenaries fighting our battles.  It’s really cheaper in the long run and many Americans can’t be bothered with the mundaneness of self-reliance and self-protection – certainly not any dangerous military service.

Oh, what about the U.S. Second Amendment to the Constitution?  No problem there.  Our Supreme Court can just fine tune it a little, reinterpret what it means; and, that’s that, it can be placed on a dusty book shelf.

Let’s see… My Second Theory regarding the courageous actions of Stone, Skarlatos and Sadler:  Well, it has to do with their familiarity with guns.

Guns are after all inanimate, mechanical objects or basically tools.  My contention is that the more you know about a tool, even a dangerous tool, the more comfortable you become using it – being around it.

Example:  You are in a public place, suddenly accosted by an obviously distraught, possibly deranged person waving a chainsaw around and endangering people, even children.  The chainsaw is loud and scary.  What type of individual, excepting an armed police officer, would be the most likely to intervene and attempt to neutralize this dangerous person?  I would think it would be someone who was familiar with chainsaws, perhaps even utilized a chainsaw on a daily basis.  Why?  Because that individual understands that chainsaws can be dangerous, but that they do have limitations.  He would look for that brief moment of weakness, either on the part of the person operating the chainsaw or the chainsaw itself.  He would not, in other words, be frozen in a state of inaction; or feel his only option is to run.

What does that have to do with the incident on the train?  Perhaps that particular incident, and their particular reaction, had something to do with Skarlatos, Stone and Sadler’s familiarity with guns.  Both Skarlatos and Stone were known to have some military training.  But I would also venture that Skarlatos, Stone and Sadler had some previous experience with guns as hunters, target shooters, etc.

I’ve been around people who were frightened to even touch a gun, for fear they would inadvertently do something in handling a gun that would cause it to harm them or someone else – as if the gun was alive and had a mind of its own – much like one might treat a poisonous snake.

The French have very strict gun control laws governing ownership and use.  Gun ownership and use is not part of their culture or their traditions.

Perhaps I’m wrong about the three Americans.  I suppose we’d have to ask them.  I’d like to know how experienced Stone, Skarlatos and Sadler are with guns.  Do they own guns?  Did they grow up with guns?

I did and many of my friends did.  Would any of us have the courage to confront a terrorist?  I don’t know.


I’ve had considerable training and experience with weapons (guns), particularly in the FBI.  One thing that I believe I would quickly recognize is how proficient is this person with his weapon, as well as what are the limitations of this particular weapon.  Those observations would be my deciding factors as to how best to react.

True Nelson

Saturday, August 29, 2015

Alek Skarlatos, Spencer Stone, Anthony Sadler / You Make Us Proud / Part 2



What motivated Spencer Stone, Alek Skarlatos and Anthony Sadler to take action as they did in the French train incident?  Why them?  OK, and this “American thing” the ‘thing’ the British Colonel referred to, is there something to that?
I’m not certain of course, but I’ll take a stab at it.  Actually, I have two theories.  These are just my opinions.  No offense is intended.  One of my theories is about France the country and the current cultural, sociological traits of their citizens.  A subject of which I admittedly know little, other than generalized observations.  The other is about guns.  A subject about which I know quite a bit.
First Theory:  In contrast to the United States, France has evolved, since World War II, into a pacifist country with an emasculated military; and that same description could be applied to their general population – depending upon other countries to do the heavy lifting in world affairs.  France sometimes talks a good game, but militarily they are a non-entity.  And, without doubt, their citizenry reflects that characteristic.  France is what in global affairs would be considered a 'soft target.’  Is ISIS aware of that?  Of course.  Yes, I recognize that it is not inconceivable that a French citizen could have rushed Ayoub El-Khazzani, but that French person would be, in my opinion, an anomaly.
Regarding Iraq and Afghanistan and the conflicts there, France was considered a U.S. ally; but in name only - an ally in the sense that if you are about to be in a fight, France would be happy to hold your coat.
In support of the French militarily some may cite the First Indochina War (1946–1954) where France fought a war in which they sustained casualties in the tens of thousands – a monumental sacrifice in an, unfortunately, losing cause.  However, most are not aware that the vast majority of those casualties were from France’s colonies and were largely made up of Moroccan, Algerian, Tunisian, Laotian, Cambodian, and Vietnamese forces.  Metropolitan or actual French soldiers were generally excused and/or prohibited from combat due to the lack of public support for the war.  Yes, there were some French professional soldiers in the conflict, but they were by far in the minority.

Now, what about guns?  My second theory:


To be continued…

True Nelson

Wednesday, August 26, 2015

Alek Skarlatos, Spencer Stone & Anthony Sadler / You Make Us Proud to be Americans



“Europe's media is still abuzz with the extraordinary story of three Americans who tackled a suspected terrorist on Friday on a train in Northern France. The question being asked is this: Were they displaying a distinctly American can-do spirit?” (Bloomberg View)

True’s comment:  Well, maybe.  But, “can-do spirit” “distinctly American;” what does that mean?

All of us proud Americans have heard the back-story.  Sunday, French President Francis Hollade awarded the Legion of Honor to three, young American men (Alek Skarlatos, Spencer Stone, and Anthony Sadler) for subduing a 26-year-old Moroccan, would-be terrorist, who was apparently intent on killing an untold number of passengers on a French commuter train.

Skarlatos and Stone are members of the American military; and Sadler is a friend of theirs and a college student.  The award they received from the French government and any subsequent adulation is, in my opinion, justly deserved.  These three are remarkable young men - saving countless lives.

The would-be terrorist, Ayoub El-Khazzani, claimed that he had earlier found the AK-47 and other weapons in a French park and simply wanted to rob the train’s passengers.  This explanation / alibi is so incredibly unlikely that it is kind of funny.  Hopefully, the French authorities will sit on him until he squeaks.  Some others are involved – almost certainly.

Of interest (food for thought - at least for me) was a comment, by a former British Army colonel, writing in the United Kingdom's Daily Telegraph, who declared: "It's an American thing. I salute it."  He was referring, I imagine, to the courage displayed by these young men.  And, there is no denying that a great deal of courage was involved.

Nonetheless, it caused me to wonder why it was principally Americans, and not French citizens, that reacted first and most decisively.  Perhaps, it was simply chance.  But, there must have been many French passengers in the immediate area.

I don’t believe that Americans are necessarily more courageous than the French.  Culturally speaking, I suppose some cultures are more aggressive and impulsive.  That said, the American culture is about as diverse as any in the world.  So, “It’s an American thing, I salute it” doesn’t seem to make a whole lot of sense.  What is it about this “American thing?”

I’ve got a theory.

To be continued…


True Nelson

Tuesday, August 18, 2015

True's Miscellany / August 2015 / Donald Trump, Hillary Clinton & Cecil the Lion



I think I might have writers’ block.  I know it’s presumptuous to say that.  I ain’t no for real writer.  Yes, I know I even stole that thought from Joe Buck (Midnight Cowboy) – cleverer his:  “I ain’t no for real cowboy.”

It’s not that I don’t have things that I think about.  Like what, you might inquire?  Well…

Donald Trump and Hillary Clinton leading in the poles of their respective political parties – God help us.

The brutal rape and murder of a California woman, Marilyn Pharis, by illegal immigrants; Victor Aureliano Martinez and Jose Fernando Villagomez:  sanctuary cities, political correctness gone crazy, stupid and thoughtless politicians and law enforcement personnel – disgusting, horrific, unconscionable, preventable.  And who will take responsibility?  No one.

Ferguson, Missouri:  What more can be said?  Hopeless.

Nuclear treaty with the Iranians (whoops not a treaty), agreement, I guess.  Does anyone believe the Iranians will honor the agreement?  Are we that stupid?  Well, not us – just the people who represent us.

National debt in excess of 18 trillion, getting bigger all the time.  Who will pay this back?  Our children and grandchildren.  Moreover, what fools are actually loaning the United States money to squander on all the things this country really doesn’t need.

Cecil the Lion.  I don’t know why anyone would want to be a ‘trophy’ hunter.  Is this due to perceived sexual inadequacy?  Well, heck, that same motivation is undoubtedly in play with many of our politicians and CEOs (Hillary Clinton and Donald Trump).

No, that was not Joe Buck’s problem.  "I am one helluva stud."

What else?  Let’s see.  I was sitting on the patio last evening.  It was nearing eight o’clock.  The honey bees were still working among some purple flowers.  I was wondering when they were allowed to go home.  Where is home?  How far is it?  And what do they do when they get there.  More importantly, are our concerns more important than the honey bee?  Doubtful.  His (or I should say more precisely her) life is fairly basic.  You work, you eat, you socialize and you die.  Are we so different?

Shakespeare, the genius; his plays have lost some relevance over the years (1564 to 1616).  Did you know that he was reportedly 6’4” (although disputable)?  He must have been one tall dude, and what was he fed as a child?  The average male was approximately 5'5".

Watching a Shakespeare play is kind of like watching paint dry, but noisier.  Sorry, just my opinion.  There is, nonetheless, a certain snob appeal.  Yes, I’ve actually seen a couple of his plays.  He is, however, eternally quotable.  One of my favorites – the only quote of his that I bothered to memorize.  On the meaning of life:

Life's but a walking shadow, a poor player
That struts and frets his hour upon the stage
And then is heard no more: it is a tale
Told by an idiot, full of sound and fury,
Signifying nothing.       
Macbeth


True Nelson