On The Lookout Investigations

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July 20, 2017 By Carina Yturbe Leave a Comment

4 Asset Search Myths Debunked

asset search myths

Asset searches are extremely popular and beneficial, yet there are many misconceptions as to what information is obtained, and the permissibility of such evidence.

Some of these misconceptions are as follows:

1. You can obtain account numbers.

This is false! The Gramm-Leach Bliley Act prohibits any financial institutions from sharing account numbers or similar access numbers.

The prohibition applies to disclosures of any account numbers for an individual’s credit card account, deposit account, or “transaction account” to any nonaffiliated third party.

Our reports provide the name and location of the financial institution and a description of the accounts (checking/savings) with either the most recent balance or the average balance over the past thirty days depending on the individual institutions reporting procedures.

In some cases, a subject may have an opt-out agreement with the bank or a private banker. In those circumstances we may only be able to provide the financial institution and type of account but no balance information; however we will NEVER provide any account number.

2. When you send a subpoena for a bank account you should list the specific account number only.

Despite the writ/sheriff requesting them, account numbers are not necessary.

The best way to obtain as much information as possible is to provide the social security number of the individual and their full name, including any alternate names (i.e. alias or maiden names the individual may go by).  If you are requesting information on a business, you must include the companies FEIN (Federal Employer Identification Number), the name of the company (provide any d/b/a or trading names) and known principals of the company.

The above information is mandatory in order for the bank to effectuate the levy on the account(s).  By not providing account numbers, you now have access to all accounts held at the institution, so it is in your best interest to not include them.

3. A good investigator should be able to find 100% of accounts.

 The best investigator in the world will never be able to guarantee 100% location of accounts.

This is simply because individuals that are trying to hide their money are working just as hard to hide it as the investigator is working to locate it. If we have the correct names, alias names, social security number and date of birth, we should be able to locate majority of the accounts. However, we still can’t ensure 100% location!.

Bank accounts are very easy to open and we find that many individuals open bank accounts using another person’s social security number. Our firm ensures 87% location of all accounts, providing that the information for the individual provided by our client is accurate.

4. You can perform an asset search for any reason.

Again this is false. In order to remain compliant with the GLBA and FCRA, On The Lookout and all credible investigators require a permissible purpose to run an asset search for the consumer’s protection. Otherwise you run the risk of performing a search which violates the laws and acts put into place for the consumer’s protection.

Some examples for permissible purpose are:

  • a court order
  • federal grand jury subpoena
  • permission by the consumer himself (in writing)
  • employment purposes (again with consumer permission)
  • debt or judgment collection
  • authorized matrimonial investigation
  • settlement purposes
  • authorized estate purposes (must be requested by personal representative or executor).

In other words, you need a legitimate reason to get access to someone’s bank and asset information.

Here at OTLO, you never have to worry.  Our investigators are thoroughly trained to follow all of the laws constituted by the Gramm-Leach Bliley Act, and we promise to NEVER pretext.

We’ve located over $5 million in assets for our clients. Want to know how we can help you too? Feel free to get in touch.

Filed Under: asset searches

January 5, 2017 By Amanda Sexton Leave a Comment

On The Lookout Investigations Voted “Best Of” By Legal Community

best private investigationsFor the fourth consecutive year, On The Lookout Investigations has been voted the “Best Of” in private investigations companies in New Jersey by the legal community in the annual New Jersey Law Journal “Best Of” survey.

Anyone who works at a law firm is eligible to cast their vote in the survey, which covers a broad range of legal support service providers, from litigation support to financial services to technology.

“We’ve set competitive pricing , quality information and fast turn-around times as part of our foundation”, says Jerry Colasurdo, managing member and owner of DGR. “We have some great investigators who have knowledge in many areas, including many with paralegal backgrounds which can be really helpful in determining what information is needed to help win a case or settle.   With the large number of private investigation firms in New Jersey it’s an honor to be selected as one of the “Best Of” by the legal community.”

On The Lookout Investigations offers a full range of investigative services, including asset searches, surveillance, witness statements and social media investigations. On The Lookout’s sister company, DGR – The Source for Legal Support, also won in the “Best Of” survey in the categories of process service and messenger service.

Filed Under: On The Lookout News

March 2, 2016 By Amanda Sexton Leave a Comment

Social Media Surveillance: Low-Cost Alternative to Traditional Surveillance

social media surveillanceSocial media surveillance is one of the many pros of the digital age, providing a low-cost alternative to traditional surveillance to attorneys and their clients.

What’s the difference in cost?

Traditional surveillance can be expensive, with costs adding up quickly when minimum timeframes are imposed and especially if multiple investigators are required to properly tail a subject. But there’s a much cheaper option – powerful programs that dig through social media accounts for useful information.

Traditional surveillance: $1500 for a standard 8-hour day for surveillance with one investigator and with no guarantees the subject will even leave the house

Social media search: as little as $250.

Used by private investigators and law enforcement only, these programs can perform some serious magic when it comes to downloading profiles, authenticating and preserving potential evidence and using algorithms to search for specific keywords across profiles with thousands of pages that may be relevant to a case.

Used by private investigators and law enforcement only, these programs can perform some serious magic when it comes to downloading profiles, authenticating and preserving potential evidence and using algorithms to search for specific keywords across profiles with thousands of pages that may be relevant to a case.

For a cost that’s still significantly less than traditional surveillance, social media searches can pull entire profiles to create a social media timeline covering hundreds of sites.

Are you really going to find anything?

Consider the sheer number of people who have social networking accounts:

  • Over two-thirds of Americans
  • 74% of online adults
  • Nearly 1.7 billion people with active accounts

Don’t think you’ll only find information on younger subjects –  65% of online adults 50-64 and 49% of online adults 65 and over have social networking accounts.The databases utilized not only locate more common accounts like Facebook and Twitter, but use potential usernames, e-mail addresses and phone numbers to find accounts on hundreds of other sites like Reddit, Etsy, Yelp, hi5, Instagram and Friendster.

The databases utilized not only locate more common accounts like Facebook and Twitter, but use potential usernames, e-mail addresses and phone numbers to find accounts on hundreds of other sites like Reddit, Etsy, Yelp, hi5, Instagram and Friendster.

What if an individual’s account is private?

In order to subpoena a social media profile, Zimmerman v.Weiss ruled you need to prove there is a reason to believe there is evidence on the profile and the subpoena request is not simply a “fishing expedition”. So how do you find evidence you need to get the subpoena granted? Or at the very least find information to have ammunition going into a deposition?

There are ways around a “private” profile. By using algorithms to pull together known associates of the individual, other profiles can then be searched for evidence related to the subject.

Even if an individual isn’t active on their social media accounts, the fact they have an account means they can still be tagged in posts, pictures and more.

What’s not to like

Another bonus to social media surveillance over surveillance – ease of anonymity. What happens if you’re made while following a subject? Forget about it – now they’re onto you. With social media searches there’s the power of remaining anonymous as you browse the internet and deep web searching for pieces of information to pull together to help support or tear apart a case.

While looking through social media profiles, it can be absolutely mind-boggling how much information people share not only about themselves but their friends and family. Social media surveillance gather all that information and data to create a cheaper alternative to traditional surveillance.

 

Interested in using social media surveillance on your case? Contact us for a rate sheet!

 

Filed Under: social media

February 24, 2016 By Amanda Sexton Leave a Comment

Asset Searches When Someone Owes You Money

asset searches

Does someone owe you money? In this economic climate, the answer is most likely yes.

Asset searches are a valuable tool for attorneys, investors, companies, and individual litigants.  When conducted by an experienced investigator with the understanding of applicable laws, you will not only know where assets are located, but what liabilities, bankruptcies, liens, and lawsuits are against the opposing party.

Do you know what the permissible purposes are to look for bank and brokerage assets?

As private investigators, we often find that many people don’t what the permissible purposes are.

If you’re an attorney, did you know that if you obtain information from your investigator that was illegally obtained, you can be held liable?

Whenever an asset search is being conducted, it’s important to make sure the investigator is following all State and Federal privacy laws which include the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act. Most importantly that they DO NOT USE PRETEXT to obtain this information.

So what are the permissible purposes? Viable reasons for conducting a bank search and/or investment/brokerage search are:

  • Debt or Judgment Collection: for use in the collection of an existing debt/judgment that is owed by, or is the financial responsibility of the search subject.
  • Authorized Matrimonial Investigation:  Only can be conducted with a Court Order.  Divorce Judgment is not permissible.
  • Authorized Estate Investigation:  Investigation for use in administration of the estate of a decedent, or a person adjudged to be incompetent, which will identify assets.  This type of search has to be requested by the executor or personal representative of the decedent or incompetent individual. Authorized estate investigations also require a copy of all applicable documents for verification, including a death certificate.
  • Tort Settlement:  for use in assessing a business transaction, such as an offer to settle a claim for injuries, damages, costs, or other expenses arising from a tort (wrongful act).  The purpose of the investigation is to assist in the determination of the economic viability of the settlement offer made by the search subject.
  •  Written permission from the subject of the search (yes, this happens as rarely as you think it does)

When looking for assets, look beyond property and motor vehicles.  These can be difficult to collect on. Look for bank, brokerage, stock, IRA’s, and retirement accounts.  Bank searches can be conducted statewide or nationwide.

How about looking for current employment so that you can garnish wages?  Or safe deposit boxes for decedents?

Whether you are looking to locate assets on a business or individual, our investigators are trained to track down assets and here to help.

 

Filed Under: asset searches Tagged With: asset searches, bank search, litigation, permissible purposes

December 30, 2015 By Amanda Sexton Leave a Comment

On The Lookout Investigations Voted “Best Of” Investigations For Third Year In a Row

best of investigationsFor the third consecutive year, On The Lookout Investigations has been voted the “Best Of” in private investigations companies in New Jersey by the legal community in the annual New Jersey Law Journal “Best Of” survey.

Anyone who works at a law firm is eligible to cast their vote in the survey, which covers a broad range of legal support service providers, from litigation support to financial services to technology.

“Since launching On The Lookout Investigations in 2010 we’ve heard great feedback from our client base”, says Jerry Colasurdo, President and owner of On The Lookout Investigations. “We work hard to make sure our pricing is competitive and clients are getting the information and evidence they need to move forward with cases, settle if possible and win trials.   We know there are plenty of private investigations companies in New Jersey and we’re honored to be recognized as one of the best by the legal community.”

On The Lookout Investigations offers a full range of investigative services, including asset searches, surveillance, witness statements and skip tracing. On The Lookout’s sister company, DGR, also won in the “Best Of” survey in the categories of process service and messenger service.

Filed Under: On The Lookout News

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  • On The Lookout Investigations Voted “Best Of” In New Jersey Law Journal Survey For Sixth Consecutive Year
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    Permissible Purpose

    Certain searches require a permissible purpose in order to conduct them.
    We require certification of acceptable permissible purpose to conduct this search as required by state privacy laws, Fair Credit Reporting Act, Fair Debt Collection Practices Act, and/or Gramm-Leach-Bliley Act. We follow all of these laws and Acts and never pretext.
    For more information click here.

    Not sure if you have a permissible purpose for your search? Contact us and we'd be happy to let you know at no charge: info@otlollc.com
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