The Last Detective Feedhttp://www.nardizzi.com/index.htmlBang it here for investigators | body language | business fraud | criminal defense NewsenjnardizziCopyright 2009 john nardizzi2012-01-06T11:13:58-05:00 hourly 1 2000-01-01T12:00+00:00 Mon, 09 Jan 2012 10:15:38 -0500Court conducts own review of video evidencejnardizziNone2012-01-06T11:13:58-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/6vlst0948zo/43b2bb308cde73367293c396b9eb454f-84.htmlhttp://www.nardizzi.com/the-last-detective_files/43b2bb308cde73367293c396b9eb454f-84.html#unique-entry-id-84Maher v Massachusetts General Hospital Long Term Disability Plan, the 1st Circuit Court of Appeals weighed the video evidence in comparison to the number of days of surveillance to find for a disability claimant.

Video evidence showed the claimant employee driving, walking, jogging, lifting a child, and even flying a kite. Unusual for an appellate decision, the judges delved into the fact investigation, noting: “On 10 of the 19 days of surveillance, plaintiff Maher engaged in no activity.” The court found that “In over 90 minutes of surveillance, the most damning evidence the MGH Plan can identify is 15 minutes during which Maher carried a bucket or pot and 30 minutes during which Maher played with her 3 year old son in the park.”

The plan administrator viewed the evidence as showing what doctors had previously concluded: the claimant was not totally disabled. But the court was not convinced: “ Thus most of the surveillance, far from contradicting Maher's disability, seems to confirm her lifestyle as generally housebound with occasional, limited activity.”

Interestingly, the court did not reinstate disability benefits, but instead returned the case to the administrator for further evaluation. Defendant’s attorney noted that three different review boards had found the video evidence did not show the employee met the definition of disability.
]]>http://www.nardizzi.com/the-last-detective_files/43b2bb308cde73367293c396b9eb454f-84.html#unique-entry-id-84Facebook downgrades privacy policyjnardizziNone2011-12-18T15:05:28-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/_vwwSQk6k0U/e9aeca3de1728577a6ec92ff5210d785-83.htmlhttp://www.nardizzi.com/the-last-detective_files/e9aeca3de1728577a6ec92ff5210d785-83.html#unique-entry-id-83here.
]]>http://www.nardizzi.com/the-last-detective_files/e9aeca3de1728577a6ec92ff5210d785-83.html#unique-entry-id-83Restyled federal rules of evidencejnardizziNone2011-12-08T20:48:49-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/XEH0tJeAiiU/342c34e902f4f970364ecb86d806a280-82.htmlhttp://www.nardizzi.com/the-last-detective_files/342c34e902f4f970364ecb86d806a280-82.html#unique-entry-id-82Federal Evidence Review.
]]>http://www.nardizzi.com/the-last-detective_files/342c34e902f4f970364ecb86d806a280-82.html#unique-entry-id-82Investigation New England Patriots defensive rankingsjnardizziNone2011-11-30T21:31:00-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/SfsriPCGPXk/7c20ce1da82d145f2b7f046a4f2ec001-81.htmlhttp://www.nardizzi.com/the-last-detective_files/7c20ce1da82d145f2b7f046a4f2ec001-81.html#unique-entry-id-81
24th in total yards defense.
6th in scoring defense.

Oddly enough the offense had similar ranks: 6th in scoring, 19th in yards.
Point differential was 99.

This year the Patriot defense is:

32nd in total yards defense.
10th in scoring defense.

Offense is 4th scoring, 2nd yards
Point differential is 90.

Scent of a Super Bowl lingers in the winter air...

* 2011 team however no longer employs one Antwan Harris, who combined in the greatest backyard football play ever, taking a lateral from Troy Brown after Brown blocked a Steeler field goal attempt. Harris ran 49 yards for a touchdown in the 2001 AFC Championship game, sending waves of Steeler fans into an icy depression (and spiking a notable increase in the Pittsburgh crime rate as well).
Courtesy of the research staff...
]]>http://www.nardizzi.com/the-last-detective_files/7c20ce1da82d145f2b7f046a4f2ec001-81.html#unique-entry-id-81No right of privacy in IP casejnardizziNone2011-11-09T21:22:27-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/c6C-G4SWOSY/f2772a2961906a00f12724f476874b05-80.htmlhttp://www.nardizzi.com/the-last-detective_files/f2772a2961906a00f12724f476874b05-80.html#unique-entry-id-80 ]]>http://www.nardizzi.com/the-last-detective_files/f2772a2961906a00f12724f476874b05-80.html#unique-entry-id-80Doctor complains; federal agency cripples public databasejnardizziNone2011-11-10T11:23:25-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/K2ftTMwCg9U/0e202cd34648c6c0a873a7272d136750-79.htmlhttp://www.nardizzi.com/the-last-detective_files/0e202cd34648c6c0a873a7272d136750-79.html#unique-entry-id-79story about a database run by U.S. Department of Health and Human Services that maintains discipline and medical-malpractice information. Diligent journalists and investigators could reference the database and, via other sources, sometimes identify doctors with long histories of being sued or disciplined for medical malpractice. Neurosurgeon Robert T. Tenny of Overland Park, Kansas was identified in this manner. His complaints led to the database being shut down for a time, only to be relaunched --with users required to promise not to link information in the database with publicly available information, like court files. Congress is now looking at the agency’s role in restricting speech and use of public data.
]]>http://www.nardizzi.com/the-last-detective_files/0e202cd34648c6c0a873a7272d136750-79.html#unique-entry-id-79FBI Stingray can track cell phonesjnardizziNone2011-10-09T14:17:34-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/xT7YGhLvu3s/558399589c8a8beb25ed78aae6df167d-78.htmlhttp://www.nardizzi.com/the-last-detective_files/558399589c8a8beb25ed78aae6df167d-78.html#unique-entry-id-78
Oddly enough, a price list for Harris Corporation wireless surveillance products including Stingray was published on the website of the City of Miami. Cost is only $75,100.
]]>http://www.nardizzi.com/the-last-detective_files/558399589c8a8beb25ed78aae6df167d-78.html#unique-entry-id-78Former SEC counsel Becker says ethics officer cleared himjnardizziNone2011-09-24T20:35:33-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/FtmwwmrjoS4/1d5e230e4bd666c57cc521618d611e28-77.htmlhttp://www.nardizzi.com/the-last-detective_files/1d5e230e4bd666c57cc521618d611e28-77.html#unique-entry-id-77Former Securities and Exchange Commission General Counsel David Becker has been criticized for making decisions on how victims of Madoff’s Ponzi scheme would recover assets because his family once had investment with Madoff’s firm. However, Becker said he disclosed the possible conflict of interest to the SEC chairman as well as the regulator’s ethics officer. Both cleared him to participate in the Madoff matter.
]]>http://www.nardizzi.com/the-last-detective_files/1d5e230e4bd666c57cc521618d611e28-77.html#unique-entry-id-77Glik wins; right to record police upheld in 1st CircuitjnardizziNone2011-09-08T09:35:50-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/FmUl-gHcWXE/bd0f5bd4401d66bad463ccb00162ebf4-76.htmlhttp://www.nardizzi.com/the-last-detective_files/bd0f5bd4401d66bad463ccb00162ebf4-76.html#unique-entry-id-76Glik case has been resolved resoundingly in favor of the First Amendment right to publicly to record the activities of police officers on public business anywhere in the First Circuit. One quote summarizes the case best: "Glik filmed the defendant police officers in the Boston Common, the oldest city park in the United States and the apotheosis of a public forum.  In such traditional public spaces, the rights of the state to limit the exercise of First Amendment activity are 'sharply circumscribed.'"

On the MA wiretap law banning secret recordings, the court wrote: “The presence of probable cause was not even arguable here. ... For the reasons we have discussed, we see no basis in the law for a reasonable officer to conclude that such a conspicuous act of recording was 'secret' merely because the officer did not have actual knowledge of whether audio was being recorded.”
]]>http://www.nardizzi.com/the-last-detective_files/bd0f5bd4401d66bad463ccb00162ebf4-76.html#unique-entry-id-76Beyond Bars: Dennis Maher moves onjnardizziNone2011-09-01T13:42:17-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/WikrWUeIRPg/89ddb88b5f9e89987f6ccfe6e1d63f9d-75.htmlhttp://www.nardizzi.com/the-last-detective_files/89ddb88b5f9e89987f6ccfe6e1d63f9d-75.html#unique-entry-id-75Boston Globe piece, Dennis Maher has moved beyond the wrongful conviction that took prime years from his freedom. “I got over losing the 19 years of my life,’’ says Maher, 50, in an even tone. “I don’t try and make up for it because I can’t. The best that I can do is just go forward. Don’t hold the anger.’’

In addition to his job at Waste Management, where he started working one month after his release, Maher speaks publicly at conferences and other events involved with wrongful convictions and the importance of access to DNA testing. “It’s part of the healing process,’’ says Maher. “I enjoy it.’’
]]>http://www.nardizzi.com/the-last-detective_files/89ddb88b5f9e89987f6ccfe6e1d63f9d-75.html#unique-entry-id-75Setting witnesses at ease: one question to avoidjnardizziNone2011-08-10T23:21:58-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/o5bKh_33FBY/d599e346ff27f2af34d5240de21347a8-74.htmlhttp://www.nardizzi.com/the-last-detective_files/d599e346ff27f2af34d5240de21347a8-74.html#unique-entry-id-74
Asking someone a question like that does not make them feel warm and secure. A question like that makes people shut down. It suggests that the questioner is a clueless conversationalist or a creepy stalker. Not sure when the trend began for opening with such questions (“Nice to meet you. How big is your pancreas?”). But stop it. Now.
]]>http://www.nardizzi.com/the-last-detective_files/d599e346ff27f2af34d5240de21347a8-74.html#unique-entry-id-74Chinese reverse mergers a growing problemjnardizziNone2011-07-26T20:53:51-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/nPJkHQ4mlYg/5045756a2763b914b1893d8aac303224-73.htmlhttp://www.nardizzi.com/the-last-detective_files/5045756a2763b914b1893d8aac303224-73.html#unique-entry-id-73 ]]>http://www.nardizzi.com/the-last-detective_files/5045756a2763b914b1893d8aac303224-73.html#unique-entry-id-73News of the World PI apologizes for phone hackjnardizziNone2011-07-01T17:40:17-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/wSYENbWaAYI/6cf1f42605f2fe720240ae19bb06ad63-71.htmlhttp://www.nardizzi.com/the-last-detective_files/6cf1f42605f2fe720240ae19bb06ad63-71.html#unique-entry-id-71apology and attributed mistakes made at the behest of News as due to "constant demand for results". He released the statement after his "vilification" following the revelation of the hacking of a missing schoolgirl's voicemails.
]]>http://www.nardizzi.com/the-last-detective_files/6cf1f42605f2fe720240ae19bb06ad63-71.html#unique-entry-id-71Federal agents get more leeway to investigatejnardizziNone2011-06-25T09:55:56-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/8ovBEPHnbgE/0fcd59136ba372c7b13103bb2f1e6440-70.htmlhttp://www.nardizzi.com/the-last-detective_files/0fcd59136ba372c7b13103bb2f1e6440-70.html#unique-entry-id-70
Under current rules, agents must open such an inquiry before they can search for information about a person in a commercial or law enforcement database. Under the new rules, agents will be allowed to search databases without making a record.
]]>http://www.nardizzi.com/the-last-detective_files/0fcd59136ba372c7b13103bb2f1e6440-70.html#unique-entry-id-70FBI received Santa Monica tip--in 2008jnardizziNone2011-06-25T09:52:52-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/Hi2-ZaGIIyk/b826f7581e4b4a04eb20eba225ad97f0-69.htmlhttp://www.nardizzi.com/the-last-detective_files/b826f7581e4b4a04eb20eba225ad97f0-69.html#unique-entry-id-69Santa Monica Times reporting an intriguing story that a Las Vegas man vacationing in California recognized Whitey Bulger sitting on a park bench at historic Santa Monica Pier, chatting with a kid wearing a Boston T-shirt about city neighborhoods-- in 2008. The man recognized Bulger because he'd just seen the FBI corruption story featured on an episode of "America's Most Wanted."

Steve Katz, the show's co-executive producer, confirmed that the show did get a tip in 2008 that Bulger was in Santa Monica. He added that the information about Bulger being in Santa Monica was turned over to authorities. The FBI couldn’t confirm Thursday whether the agency ever received such a tip.
it.
]]>http://www.nardizzi.com/the-last-detective_files/b826f7581e4b4a04eb20eba225ad97f0-69.html#unique-entry-id-69Massachusetts access to DNA testingjnardizziNone2011-06-10T20:50:46-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/2WOEsmNes9g/6c7f81027280920fedbd28093c60070f-68.htmlhttp://www.nardizzi.com/the-last-detective_files/6c7f81027280920fedbd28093c60070f-68.html#unique-entry-id-68Herald and testified this week on a Post-conviction DNA Access Bill pending before the Joint Committee on the Judiciary. Maher was exonerated by DNA testing after spending close to 20 years in prison for rapes he did not commit. This firm later investigated on his behalf in a civil action, resulting in a multimillion dollar settlement.
]]>http://www.nardizzi.com/the-last-detective_files/6c7f81027280920fedbd28093c60070f-68.html#unique-entry-id-68Russian police officer cleared in prison death of lawyerjnardizziNone2011-06-03T08:01:20-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/k2eZCkSvI3E/c68c259d5e073794a147a87667ba7187-67.htmlhttp://www.nardizzi.com/the-last-detective_files/c68c259d5e073794a147a87667ba7187-67.html#unique-entry-id-67A senior Russian police officer was cleared of wrongdoing in prison death of lawyer Sergei Magnitsky, a lawyer working for UK hedge fund Hermitage Capital Management. A human rights commission appointed by President Dmitry Medvedev concluded the police had fabricated the charges against Magnitsky.
]]>http://www.nardizzi.com/the-last-detective_files/c68c259d5e073794a147a87667ba7187-67.html#unique-entry-id-67Wiretaps for suitsjnardizziNone2011-05-13T15:33:50-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/HuWKtWYA_fA/e0c5ff5c9a3bbdcb54f70363bce99d15-66.htmlhttp://www.nardizzi.com/the-last-detective_files/e0c5ff5c9a3bbdcb54f70363bce99d15-66.html#unique-entry-id-66
In a related matter, Massachusetts law enforcement officials are pushing for a change to antiquated state wiretap laws. An interesting side note is that if the law is changed, it should signal the end to a large number of frivolous wiretapping charges brought against Mass. citizens who are documenting police activity. The Boston Police Dept. is being sued in a major case on that exact issue. The case is Glik v. Cunniffe et al., Civil Action No. 10-10150.
The story and video from the arrest is available here.
]]>http://www.nardizzi.com/the-last-detective_files/e0c5ff5c9a3bbdcb54f70363bce99d15-66.html#unique-entry-id-66Judge refuses to snip non-competejnardizziNone2011-03-24T19:39:10-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/hyJfWTgXGno/fb2118d23f8f8b5887607d46c1287b1f-65.htmlhttp://www.nardizzi.com/the-last-detective_files/fb2118d23f8f8b5887607d46c1287b1f-65.html#unique-entry-id-65 ]]>http://www.nardizzi.com/the-last-detective_files/fb2118d23f8f8b5887607d46c1287b1f-65.html#unique-entry-id-65Yahoo joins Google: We want to stalk Americans for 18 monthsjnardizziNone2011-04-19T19:32:16-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/3zHYPmnD6Jk/cb998f5a56604443e127b1bc4b3afab6-64.htmlhttp://www.nardizzi.com/the-last-detective_files/cb998f5a56604443e127b1bc4b3afab6-64.html#unique-entry-id-64Yahoo has announced that it will join Google in stalking Americans electronically in some form for 18 months (Yahoo had in 2008 reduced the amount of time it retained users’ Internet search data to a mere 90 days). Yahoo plans to extend the retention period this summer. Retained search data will include user’s IP addresses and cookies, which means data can be linked to individual devices or people. After 18 months, Yahoo will retain most of the data, but anonymize it so it cannot be linked to individuals.

Google has a slight variation in their policy which is being misreported in wake of this story: From Google: “We believe anonymizing IP addresses after 9 months and cookies in our search engine logs after 18 months strikes the right balance.” Stalkers do have some sense of decorum after all.

]]>http://www.nardizzi.com/the-last-detective_files/cb998f5a56604443e127b1bc4b3afab6-64.html#unique-entry-id-64Federal conviction rates remain highjnardizziNone2011-03-18T10:11:38-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/23GYnvsgN38/e24c1a2f7cfe424e65b180164d41ad2c-63.htmlhttp://www.nardizzi.com/the-last-detective_files/e24c1a2f7cfe424e65b180164d41ad2c-63.html#unique-entry-id-63
By comparison, a 2006 article in the Pittsburg Tribune reported: “Between 2000 and 2005, 99 percent of the 435,000 federal criminal defendants prosecuted nationwide were convicted. The conviction rate was the same for the 2,130 criminal defendants prosecuted during that period in the Western District of Pennsylvania.
...
A defense lawyer had a different take: “A 90-plus percent conviction rate isn't something that should be applauded. I think it's something you should worry about," Boas said. "That's what you see in totalitarian regimes."
]]>http://www.nardizzi.com/the-last-detective_files/e24c1a2f7cfe424e65b180164d41ad2c-63.html#unique-entry-id-63Offshore firms promised 318% return--in 190 day periodjnardizziNone2011-03-05T22:04:48-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/35BMt44k9ls/ad61c43aeda36c1684bc6ffe03d16a2e-62.htmlhttp://www.nardizzi.com/the-last-detective_files/ad61c43aeda36c1684bc6ffe03d16a2e-62.html#unique-entry-id-62
Due diligence by investors would have easily raised red flags: Andersen had been barred for life from the securities industry in Massachusetts after he and Manterfield were charged both by Massachusetts and the Securities and Exchange Commission with defrauding investors in 2007.
]]>http://www.nardizzi.com/the-last-detective_files/ad61c43aeda36c1684bc6ffe03d16a2e-62.html#unique-entry-id-62Case on scope of DPPA appealed to Supreme Ct. jnardizziNone2011-02-21T14:16:05-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/FG76GiXjDSI/a5c8f630cca0bddecf4399ae2282e947-61.htmlhttp://www.nardizzi.com/the-last-detective_files/a5c8f630cca0bddecf4399ae2282e947-61.html#unique-entry-id-61
Lumping the two types together seems a weak position given the specific exceptions of the statute. The crux of the dispute lies in the Taylor court’s determination that an authorized recipient of DMV records is not required to show that it is also an authorized user of the data. “Instead, an authorized recipient is authorized to resell to individuals for one or more of the specific purposes under section 2721 (b),” Judge William L. Garwood wrote on behalf of the 5th Circuit. The interpretation allows for an “authorized recipient to mean something different than one who has a permissible actual use.”

A case going the other direction was in Missouri. In 2008, Judge Nanette K. Laughrey found in Roberts, et al.  v. The Source for Public Data, et al., that defendants did not qualify as “authorized recipients” of DMV records under the DPPA.
]]>http://www.nardizzi.com/the-last-detective_files/a5c8f630cca0bddecf4399ae2282e947-61.html#unique-entry-id-61Whistleblower protectionsjnardizziNone2011-02-04T17:36:06-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/oXlzVjKXx60/752811848536263a0696679a2b2b51c9-60.htmlhttp://www.nardizzi.com/the-last-detective_files/752811848536263a0696679a2b2b51c9-60.html#unique-entry-id-60good breakdown of protections and substantial cash rewards available to whistleblowers who provide the Securities and Exchange Commission with information relating to corporate and securities fraud.  So remember, if you have evidence that a Wall Street boy is a dirty rogue, call the SEC and help yourself to a chunk of his year end bonus.
]]>http://www.nardizzi.com/the-last-detective_files/752811848536263a0696679a2b2b51c9-60.html#unique-entry-id-60Surveillance drones hovering over a backyard near youjnardizziNone2011-01-25T09:55:58-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/vqDkg6I9qOo/ea9a2f6c14b6994b9b51618c70571aa5-59.htmlhttp://www.nardizzi.com/the-last-detective_files/ea9a2f6c14b6994b9b51618c70571aa5-59.html#unique-entry-id-59Washington Post reports that in Texas, the Department of Public Safety used a small bird-size device called a Wasp to float over a backyard and beam video to agents before a search warrant was executed. As is typical in these scenarios, the technology has migrated from military use to law enforcement. Obvious problems with privacy laws, and the FAA is limiting use to emergency situations. But at a cost of just $50,000, the civil sector will be next.
]]>http://www.nardizzi.com/the-last-detective_files/ea9a2f6c14b6994b9b51618c70571aa5-59.html#unique-entry-id-59Is reading email from another person's account a crime?jnardizziBLOG2010-12-26T20:19:42-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/PBvd5Pph5Wo/83737e7ef6be1ed49fc5a7c8e20a7922-58.htmlhttp://www.nardizzi.com/the-last-detective_files/83737e7ef6be1ed49fc5a7c8e20a7922-58.html#unique-entry-id-58Michigan DA is charging a man, Leon Walker, with unlawfully reading his then-wife's email, which showed she was having an affair with a man who once had been arrested for beating her in front of her son. Walker then gave the emails to her first husband, the child's father, to protect the boy. Most defense lawyers are commenting that they have never seen anyone charged before in these circumstances. Civil penalties may be justified, but as Walker's lawyer remarked; "This is a hacking statute, the kind of statute they use if you try to break into a government system or private business for some nefarious purpose. It's to protect against identity fraud, to keep somebody from taking somebody's intellectual property or trade secrets. I have to ask: 'Don't the prosecutors have more important things to do with their time?'

]]>http://www.nardizzi.com/the-last-detective_files/83737e7ef6be1ed49fc5a7c8e20a7922-58.html#unique-entry-id-58Email tracing: Finding out who is behind anonymous email accountsjnardizziBLOG2010-12-03T17:46:22-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/TVSs6HKwwiI/c5eaf2c01cb540907bbfa207a77e98bd-57.htmlhttp://www.nardizzi.com/the-last-detective_files/c5eaf2c01cb540907bbfa207a77e98bd-57.html#unique-entry-id-57
But increasingly, different databases are aggregating data in such a way that we can tie an IP address from the harassing email to a physical address; and then, using a 3rd database, confirm who resides at such an address and was likely the sender of the harassing emails. This is due to the practice of certain companies that log IP addresses and link them to physical addresses of customers who order items on the internet (and then sell the data to 3rd parties). As time passes, these databases are growing exponentially in power and scope--the Matrix of movie fame.

Following up with in-person interviews of the individuals, serving them a subpoena or summoning them to court usually solves the problem.
]]>http://www.nardizzi.com/the-last-detective_files/c5eaf2c01cb540907bbfa207a77e98bd-57.html#unique-entry-id-57Film "Conviction" getting excellent reviewsjnardizziBLOG2010-11-13T21:41:25-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/iMtE5pifYw8/a8ff9a9ce94fc31570a788f8259c5ca3-56.htmlhttp://www.nardizzi.com/the-last-detective_files/a8ff9a9ce94fc31570a788f8259c5ca3-56.html#unique-entry-id-56
Kenneth Waters was wrongfully arrested and convicted. He served 18 years of a life sentence for the 1980 murder and armed robbery of Katharina Brow. Waters was released from prison after DNA evidence had revealed the blood of an unknown person at the murder scene. His sister, Betty Anne Waters, had put herself through law school in order to represent one client: her brother. She located the biological evidence and worked to have it subjected to DNA testing.

The Waters case alleged that the Ayer Police and Taylor's deliberate bad-faith suppression of favorable evidence led to his conviction – including suppression of evidence that Waters was not the source of the perpetrator’s bloody fingerprint on a piece of a toaster on the dining room floor; as well as suppression of Waters’ time card from work, which cemented his alibi. Taylor was also accused of used coercive and suggestive tactics to manufacture falsely incriminating statements from witnesses Brenda Marsh and Roseanna Perry.
]]>http://www.nardizzi.com/the-last-detective_files/a8ff9a9ce94fc31570a788f8259c5ca3-56.html#unique-entry-id-56DAs: We didn't know cops work on our cases.jnardizziBLOG2010-10-18T16:47:15-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/HkSUadjdc0w/dc6ce1383bd6a8dbefc48f618527e4d5-55.htmlhttp://www.nardizzi.com/the-last-detective_files/dc6ce1383bd6a8dbefc48f618527e4d5-55.html#unique-entry-id-55
Judge for yourself when the DAs try Fuzzy Math 101 again at the Indigent Defense program at Suffolk Law School at 7:30 AM on Monday, November 22, 2010.
]]>http://www.nardizzi.com/the-last-detective_files/dc6ce1383bd6a8dbefc48f618527e4d5-55.html#unique-entry-id-55Interviews with federal agentsjnardizziBLOG2010-10-03T16:40:54-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/VhWF72U_4Dk/e7524d18e68494072fb00bb299ff8c1e-54.htmlhttp://www.nardizzi.com/the-last-detective_files/e7524d18e68494072fb00bb299ff8c1e-54.html#unique-entry-id-54
Title 18, United States Code, Section 1001 makes it a crime to: knowingly and willfully make any materially false, fictitious or fraudulent statement or representation in any matter within the jurisdiction of the executive, legislative or judicial branch of the United States. The lie does not have to be made to an employee of the government so long as it is "within the jurisdiction" of the (rather enormous) federal government. The falsehood must be "material" and this requirement is met if the statement has the "natural tendency to influence or [is] capable of influencing, the decision of the decision-making body to which it is addressed."

And to top off the absurdity: federal agents can lie to you during an interview. And that is no joke.

Easiest way to see federal agents wilt in bright sunlight is to agree to an interview-- but only if you are allowed to tape record the interview (caveat: do not tape conversations without permission as it may open other cans of worms). Typically, agents are instructed to not participate in recorded interviews, despite the overwhelming imbalance between the parties. A bit wimpy, in my opinion.
]]>http://www.nardizzi.com/the-last-detective_files/e7524d18e68494072fb00bb299ff8c1e-54.html#unique-entry-id-54Bimbo Bakeries crumbles opposition in trade secret casejnardizziBLOG2010-09-03T14:15:34-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/cYDKhel-R3Q/29ab70ca09e40294ecc4c045a6cea7d1-53.htmlhttp://www.nardizzi.com/the-last-detective_files/29ab70ca09e40294ecc4c045a6cea7d1-53.html#unique-entry-id-53
Botticella was a senior executive at Bimbo Bakeries, the maker of Thomas’, Entenmann’s, and Boboli brands. He was se to move to a competitor, Hostess. While he had signed an agreement to never disclose Bimbo’s proprietary information, he had not signed a non-compete. Nonetheless, despite the public interest in employees' freedom to work where they please, the court held that Bimbo could stop Botticella from working in light of evidence that he was copying files from his laptop to external devices prior to leaving Bimbo (he claimed he did so only to practice his computer skills; the court squashed this cupcake argument).

Thus if a solid forensic and background investigation shows a “substantial threat” of misappropriation, the employee is left with crumbs.
]]>http://www.nardizzi.com/the-last-detective_files/29ab70ca09e40294ecc4c045a6cea7d1-53.html#unique-entry-id-53Old news becomes new again depending on who wonjnardizziBLOG2010-09-01T13:58:08-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/SFueDpfdeoY/e0333c6cbed68a2c489fa00d6c992fee-52.htmlhttp://www.nardizzi.com/the-last-detective_files/e0333c6cbed68a2c489fa00d6c992fee-52.html#unique-entry-id-52note showing the national media misreporting the ongoing controversey in GPS privacy cases: "Media discovers August 27th that Pineda-Moreno was decided January 11th"
]]>http://www.nardizzi.com/the-last-detective_files/e0333c6cbed68a2c489fa00d6c992fee-52.html#unique-entry-id-52Supreme Ct. ready to settle GPS surveillance - privacy issue?jnardizziBLOG2010-08-23T16:47:50-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/DEbjfDkUak8/3c57d26a104b0022500ef639917419e3-51.htmlhttp://www.nardizzi.com/the-last-detective_files/3c57d26a104b0022500ef639917419e3-51.html#unique-entry-id-51
Latest case is United States v. Maynard, where a Washington DC court struck down a man's conviction in a drug case on the grounds the police unlawfully tracked his movement with a GPS device for 24 hours per day--a device installed without a warrant. Thus the court contradicted decisions GPS-related cases by appellate panels in Chicago, St. Louis and San Francisco.

Courts have held that the Fourth Amendment does not cover surveillance of a suspect because people have no expectation of privacy for actions exposed to public view. But the DC appeals court held that people expect their overall movements to be private because most people see only isolated moments of someone's life. Contrast that to a police department’s GPS technology that inexpensively tracks someone’s comings and goings for weeks at a time: "A person who knows all of another’s travels can deduce whether he is a weekly churchgoer, a heavy drinker, a regular at the gym, an unfaithful husband, an outpatient receiving medical treatment, an associate of particular individual or political groups — and not just one such fact about a person, but all such facts.”

In other privacy cases, courts have recognized that aggregating information can lead to practices that, without technological improvements, are not a burden on privacy (for example, state databases that aggregate criminal records may have limited access, even while each court docket is considered public record).
]]>http://www.nardizzi.com/the-last-detective_files/3c57d26a104b0022500ef639917419e3-51.html#unique-entry-id-51SJC melts old snow/ice accumulation standardjnardizziBLOG2010-08-13T17:33:28-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/-7cvR-HF9uA/c100d604391f6e1d76f911c91a553f57-50.htmlhttp://www.nardizzi.com/the-last-detective_files/c100d604391f6e1d76f911c91a553f57-50.html#unique-entry-id-50
The new standard: "We now will apply to hazards arising from snow and ice the same obligation that a property owner owes to lawful visitors as to all other hazards: a duty to act as a reasonable person under all of the circumstances including the likelihood of injury to others, the probable seriousness of such injuries, and the burden of reducing or avoiding the risk. … If a property owner knows or reasonably should know of a dangerous condition on its property, whether arising from an accumulation of snow or ice, or rust on a railing, or a discarded banana peel, the property owner owes a duty to lawful visitors to make reasonable efforts to protect lawful visitors against the danger.

Bottom line: start shoveling.
]]>http://www.nardizzi.com/the-last-detective_files/c100d604391f6e1d76f911c91a553f57-50.html#unique-entry-id-50Governor Patrick signs CORI ReformjnardizziBLOG2010-08-06T23:42:41-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/qKVTmkCpZ4k/a21a2668f57220d464e4bdda2393a5d5-48.htmlhttp://www.nardizzi.com/the-last-detective_files/a21a2668f57220d464e4bdda2393a5d5-48.html#unique-entry-id-48 ]]>http://www.nardizzi.com/the-last-detective_files/a21a2668f57220d464e4bdda2393a5d5-48.html#unique-entry-id-481982 Lowell arson conviction may be reconsideredjnardizziBLOG2010-06-27T15:17:21-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/hI_bposwUEw/bbfa01cafe619b03f8cd7de9da39508c-47.htmlhttp://www.nardizzi.com/the-last-detective_files/bbfa01cafe619b03f8cd7de9da39508c-47.html#unique-entry-id-47 Boston Globe did a piece on flaws in an arson investigation that led to the conviction of N&A INC client Victor Rosario. An appeal is being filed.
]]>http://www.nardizzi.com/the-last-detective_files/bbfa01cafe619b03f8cd7de9da39508c-47.html#unique-entry-id-47Real CORI reform jnardizziBLOG2010-05-21T15:48:00-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/rYRR8TxRxBc/9b102910eb497dde0ca66f4ac1de7237-46.htmlhttp://www.nardizzi.com/the-last-detective_files/9b102910eb497dde0ca66f4ac1de7237-46.html#unique-entry-id-46
Instead of telling businesses how to hire, we should allow businesses to gather as much information as they deem necessary--many of them routinely make better judgments than elected officials. More to the point: businesses will continue to hire investigators to check public court documents to gather the information they need to run their businesses.
]]>http://www.nardizzi.com/the-last-detective_files/9b102910eb497dde0ca66f4ac1de7237-46.html#unique-entry-id-46Sarbanes-Oxley whistleblower protects employees of mutual fund jnardizziBLOG2010-04-22T19:50:10-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/lQ4emXV0lEs/2a83c5afd94265c154ee33bfbd111af1-45.htmlhttp://www.nardizzi.com/the-last-detective_files/2a83c5afd94265c154ee33bfbd111af1-45.html#unique-entry-id-45here on the case involving Fidelity.
]]>http://www.nardizzi.com/the-last-detective_files/2a83c5afd94265c154ee33bfbd111af1-45.html#unique-entry-id-45Massachusetts Wiretap Act Governs Out of State Telephone Recording Massachusetts Wiretap Act Governs Out of State Telephone Recording jnardizziBLOG2010-03-19T17:35:31-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/UKfm_TlXUAA/9248e8af4e787f968e4e9f7ef9894ccd-44.htmlhttp://www.nardizzi.com/the-last-detective_files/9248e8af4e787f968e4e9f7ef9894ccd-44.html#unique-entry-id-44 ]]>http://www.nardizzi.com/the-last-detective_files/9248e8af4e787f968e4e9f7ef9894ccd-44.html#unique-entry-id-44The new problem with DNA testingjnardizziBLOG2010-02-27T14:47:01-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/Y7C9-PHpyZs/f1177e94653277fdc291fae9e62c1d0a-43.htmlhttp://www.nardizzi.com/the-last-detective_files/f1177e94653277fdc291fae9e62c1d0a-43.html#unique-entry-id-43Washington Monthly has a great piece on how DNA evidence is turning out to be unreliable in certain situations. As the article notes: "Where the DNA is often incomplete or degraded, and there are few other clues to go on, the reliability of DNA evidence plummets—a fact that jurors weighing such cases are almost never told." A lot of science is covered-- worth the effort to read closely.
]]>http://www.nardizzi.com/the-last-detective_files/f1177e94653277fdc291fae9e62c1d0a-43.html#unique-entry-id-43Lack of due diligence in Massachusetts Ponzi scheme jnardizziBLOG2010-01-10T18:29:03-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/4LW-hSkcmv4/114fc54a1c7a089c7a8d1972f3f4ff3a-42.htmlhttp://www.nardizzi.com/the-last-detective_files/114fc54a1c7a089c7a8d1972f3f4ff3a-42.html#unique-entry-id-42SEC has charged with running a Ponzi scheme. The SEC complaint alleges that Elkinson, of Framingham, Massachusetts, lured 130 investors to invest $28 million with him through his d/b/a Northeast Sales. Ross and Fialkow allegedly referred clients to Elkinson (they dispute that charge, and claim they merely introduced clients to Elkinson). Ross and Fialkow earned $319,000 in commissions from Elkinson, according to Mass SOS filings.

The Boston Globe highlights red flags: "In 1992 Elkinson declared bankruptcy, and court filings reflected a man with virtually no assets, and just $600 in a bank account. When Fialkow and Ross visited Elkinson at his office, they found a sloppy desk in a bedroom of his Framingham home, with a computer and a few papers that looked like contracts. Elkinson would call Ross and Fialkow’s office daily, asking if they had raised new money for him. The pair never received tax forms from Elkinson reporting their investment gains, as required by law, according to regulators. And a cursory check of public filings would have revealed that Elkinson never submitted incorporation papers for his company, Northeast Sales."

A Jan. 2006 letter to a CPA firm from the RossFialkow firm noted that Elkinson had earned 9-13% per contract, which ran 6 to 10 months--a tidy rate of return that sounds too good to be true.


]]>http://www.nardizzi.com/the-last-detective_files/114fc54a1c7a089c7a8d1972f3f4ff3a-42.html#unique-entry-id-42Supreme Court Affirms: Client Michael O'Laughlin Is A Free ManjnardizziBLOG2010-01-20T15:57:45-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/rmQ46gqRJvs/8074b3ecf3266d5f1e09b8e924792278-41.htmlhttp://www.nardizzi.com/the-last-detective_files/8074b3ecf3266d5f1e09b8e924792278-41.html#unique-entry-id-41
Thus ends Michael's nine year odyssey of imprisonment.
]]>http://www.nardizzi.com/the-last-detective_files/8074b3ecf3266d5f1e09b8e924792278-41.html#unique-entry-id-41Change Blindness - Why Witnesses Get it WrongjnardizziBLOG2010-01-07T14:54:00-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/b4fpubo05no/8751e813a63b9b88a7e8a0b83648569c-40.htmlhttp://www.nardizzi.com/the-last-detective_files/8751e813a63b9b88a7e8a0b83648569c-40.html#unique-entry-id-40video regarding people's inability to notice differences in their surroundings. In this experiment, 75% of the people fail to notice that a different person is now in front of them. For those who study wrongful convictions, a growing field of research shows that eyewitness identification is deeply flawed.
]]>http://www.nardizzi.com/the-last-detective_files/8751e813a63b9b88a7e8a0b83648569c-40.html#unique-entry-id-40Sealing federal recordsjnardizziBLOG2010-01-06T17:00:13-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/SkvfMNyadW0/51b7c9583053f15e779f78403c8630d4-39.htmlhttp://www.nardizzi.com/the-last-detective_files/51b7c9583053f15e779f78403c8630d4-39.html#unique-entry-id-39Michael Doyle did a nice summary of a year-long study by Tim Reagan and George Cort for the Federal Judicial Center on the practice of sealing federal cases.

Sealing federal records apparently is justified for almost any reason under the sun. Doyle notes the report findings: "There was one (criminal) case sealed because the defendant had a high profile. According to the judge, 'it seemed a good idea at the time.' Another reason for sealing: "A person of influence failed to respect the authority of an officer on federal land." Four civil cases were sealed to protect the reputation of doctors.
]]>http://www.nardizzi.com/the-last-detective_files/51b7c9583053f15e779f78403c8630d4-39.html#unique-entry-id-39Boston Bar Assoc. Task Force- 3 recommendations for avoiding wrongful convictionsjnardizziBLOG2009-12-24T13:16:27-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/rtrycTUAWYE/38682a1db099da49a2b11d5a63732de6-38.htmlhttp://www.nardizzi.com/the-last-detective_files/38682a1db099da49a2b11d5a63732de6-38.html#unique-entry-id-38
(1) Enactment of a Massachusetts statute to guarantee post conviction access to DNA testing and to require preservation of biologic forensic evidence. (Massachusetts is one of only 4 states that does not have such a statute).

(2) Expanding the membership and function of the Forensic Science Advisory Board to include scientists and lawyers who are not prosecutors. (The report cites a 2008 study by the National Academy of Sciences raising serious questions about the scientific foundation of significant portions of forensic evidence admitted in courts.)

(3) Videotaping confessions. (Based on a 2004 decision of the Supreme Judicial Court most police departments are now recording confessions of suspects. The number of departments who are doing videotapes rather than just audiotapes is still in the minority. Experience of those departments who are videotaping demonstrates that the evidence obtained is more effective because there is absolutely no doubt about what is happening during the witness interview.

Bit surprised that they did not recommend further reform of prosecutor's ability to buy testimony in the form of not prosecuting snitch witnesses for certain crimes--a major problem in numerous cases we have worked on over the years. The notion of sending a check for $70,000 to a witness in exchange for their cooperation seems obviously wrong. But the notion of giving someone 8 years of their life back by not prosecuting them (and what value do you put on a year in prison?--$70,00 per year? more?)--that tactic will continue unabated. Although a jury can weigh evidence of such side deals, the fact is that many inducements given by the government to snitch witnesses are not documented at all.

]]>http://www.nardizzi.com/the-last-detective_files/38682a1db099da49a2b11d5a63732de6-38.html#unique-entry-id-38FINRA BrokerCheck fixes gaping hole in database.jnardizziBLOG2009-12-23T16:01:44-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/ITuM1PfaoB8/3dcdc0c9fc167edefc2f534cf30b14dd-37.htmlhttp://www.nardizzi.com/the-last-detective_files/3dcdc0c9fc167edefc2f534cf30b14dd-37.html#unique-entry-id-37Brokercheck have finally closed a major loophole in a database long criticized as outdated and difficult to use (previous editions were cumbersome: for example, users were required --in an era when name searches are the norm on almost any database--to specify past employers for a broker before checking their background; otherwise the search did not work).

Some estimate that more than 15,000 individuals who left the securities industry after facing regulatory action did not have their disciplinary history available on BrokerCheck. Those records became available this month. Many of those former brokers returned to the business world in different capacities and, like stock market vampires, found new victims. Repeated scandals in 2009 finally forced the industry to make this necessary change.
]]>http://www.nardizzi.com/the-last-detective_files/3dcdc0c9fc167edefc2f534cf30b14dd-37.html#unique-entry-id-37How to do a background check in MassachusettsjnardizziBLOG2009-12-14T17:58:29-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/XPSHzS3_li0/5d7185cd72479e624b8de1af843b52ff-36.htmlhttp://www.nardizzi.com/the-last-detective_files/5d7185cd72479e624b8de1af843b52ff-36.html#unique-entry-id-36
By searching the lower district courts for any cases filed, your background due diligence would allow you to find the cases and make your own evaluation. This is especially true in certain states such as Massachusetts, where the lower courts hear some felony cases, assaults, and various other serious crimes.
]]>http://www.nardizzi.com/the-last-detective_files/5d7185cd72479e624b8de1af843b52ff-36.html#unique-entry-id-36Your lawyer: trial lawyer or settlement artist?jnardizziBLOG2009-12-02T17:35:46-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/-3zGrJgG73A/663900d8283e7f91ec7944ae84ce41e8-34.htmlhttp://www.nardizzi.com/the-last-detective_files/663900d8283e7f91ec7944ae84ce41e8-34.html#unique-entry-id-34
Clients don't just want an attorney with a law degree; they deserve a intelligent street fighter, a trial lawyer who aggressively develops the facts of a case. Ask your lawyer what he does before trial. Those tasks have more to do with winning than his courtroom maneuvering.
]]>http://www.nardizzi.com/the-last-detective_files/663900d8283e7f91ec7944ae84ce41e8-34.html#unique-entry-id-34Privacy is dead and no one caresjnardizziBLOG2009-11-22T10:11:09-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/gFQSKyOclJA/4cfc91955d131d112dbf51d8564a1576-33.htmlhttp://www.nardizzi.com/the-last-detective_files/4cfc91955d131d112dbf51d8564a1576-33.html#unique-entry-id-33
The modern American: willing to give private contact information to grocery clerks in exchange for "special offers" on mustard.
]]>http://www.nardizzi.com/the-last-detective_files/4cfc91955d131d112dbf51d8564a1576-33.html#unique-entry-id-33Equifax stops selling credit reports for employment background checksjnardizziBLOG2009-10-30T11:48:30-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/VHufp-LsooU/9da25ce84bec899ee5e456b0892eabce-32.htmlhttp://www.nardizzi.com/the-last-detective_files/9da25ce84bec899ee5e456b0892eabce-32.html#unique-entry-id-32Use of credit reports by employers has become more controversial as many people have been hammered in this poor economy and otherwise reliable employees are thrown into credit difficulty by layoffs, mounting bills, mortgage defaults. etc.
]]>http://www.nardizzi.com/the-last-detective_files/9da25ce84bec899ee5e456b0892eabce-32.html#unique-entry-id-32Trader sues after being fired for relationship with Ponzi schemer NicholsonjnardizziBLOG2009-10-04T12:20:56-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/muM-BRipRYY/bf6ef8eb4f86daf638542be2391adef1-31.htmlhttp://www.nardizzi.com/the-last-detective_files/bf6ef8eb4f86daf638542be2391adef1-31.html#unique-entry-id-31Lindy Boville, a former trader, has sued RBC Capital Markets for gender bias over her firing, which she said stemmed from her dating a hedge fund manager later charged with fraud for running a Ponzi scheme. Boville accused RBC of using her relationship with James Nicholson as a pretext to fire her in March 2009 and assign her accounts to male workers, RBC spokesman Kevin Foster denied those allegations: "Ms. Boville showed poor judgment in helping Jim Nicholson raise money for his hedge fund and failing to disclose her activities to her supervisors. It is irrelevant that she had a personal relationship with Nicholson, and she should have told RBC what she was doing."

Nardizzi & Associates had warned an investment banking client in 2007 that something was amiss with Nicholson and his Westgate Capital firm. A grand jury in April indicted him for a scheme that caused $150 million of losses.
]]>http://www.nardizzi.com/the-last-detective_files/bf6ef8eb4f86daf638542be2391adef1-31.html#unique-entry-id-31Massachusetts sets rules on GPS tracking by policejnardizziBLOG2009-09-22T08:56:31-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/Ptkb0D_5ZQg/38d53677011f0f471338a8e0d4c294a0-30.htmlhttp://www.nardizzi.com/the-last-detective_files/38d53677011f0f471338a8e0d4c294a0-30.html#unique-entry-id-30
“We hold that warrants for GPS monitoring of a vehicle may be issued,’’ Cowin wrote. “The Commonwealth must establish, before a magistrate . . . that GPS monitoring of the vehicle will produce evidence’’ that a crime has been committed or is imminent. The SJC said the devices can be installed for up to 15 days before police must show cause for further tracking. Despite the overheated portrayal of the decision in the Boston Globe and Boston Herald, (both of which hype stories to counter their dance on the edge of bankruptcy), support for the ruling was fairly widespread among law enforcement and defense investigators.
]]>http://www.nardizzi.com/the-last-detective_files/38d53677011f0f471338a8e0d4c294a0-30.html#unique-entry-id-30$3.1 million settlement for client in Ayer wrongful conviction jnardizziBLOG2009-09-05T21:48:06-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/7_AuOMTUrCQ/ee858a0a57b0a6d07e9e8dacf326cd1d-29.htmlhttp://www.nardizzi.com/the-last-detective_files/ee858a0a57b0a6d07e9e8dacf326cd1d-29.html#unique-entry-id-29
Maher's civil case was based partly on evidence unearthed by private investigator John Nardizzi, who discovered that one of the alleged rape victims had faced criminal assault charges of her own during that era. These charges were dropped in exchange for her cooperation on the Maher case. Defense counsel was never told about the arrangement that Taylor and the Ayer Police had engineered with the victim/witness. The witness's criminal charge was transfered to another court and essentially disappeared from the public docket, only to be unearthed two decades later. The prosecutor who handled the Maher case later testified at his deposition: "Officer Taylor, in my opinion, engaged in misconduct by working some side arrangement with the victim not to prosecute her for a criminal case against the police department, and withheld that information from me."

Nardizzi also unearthed evidence that a key witness at trial, Richard Nichols, was well-known to Ayer Police and Nancy Taylor (who denied any memory of him in her deposition). Nichols was the son of a former police matron employed for decades at the Ayer Police Department. Moreover, Nichols had been arrested multiple times. Ayer Police were not able to produce any notes, reports, or statements from interviews with Nichols, despite the fact that a meeting between Nichols and Taylor was documented in a police log, and Nichols turned out to be the centerpiece of their case.
]]>http://www.nardizzi.com/the-last-detective_files/ee858a0a57b0a6d07e9e8dacf326cd1d-29.html#unique-entry-id-29Supreme Court orders client Michael O'Laughlin released on bailjnardizziBLOG2009-09-04T08:58:02-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/-I7C4N_f1HQ/d05a0fc085f36b28abd93b654df3459d-28.htmlhttp://www.nardizzi.com/the-last-detective_files/d05a0fc085f36b28abd93b654df3459d-28.html#unique-entry-id-28
The 1st Circuit Court of Appeals had overturned a Massachusetts Supreme Judicial Court decision earlier this summer, holding that the evidence presented could not permit any rational jury to conclude that O'Laughlin was the assailant beyond a reasonable doubt.
]]>http://www.nardizzi.com/the-last-detective_files/d05a0fc085f36b28abd93b654df3459d-28.html#unique-entry-id-28Can Johnny Read Nonverbal Cues? jnardizziBLOG2009-08-28T08:13:57-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/oYUIvc60AFo/09d150ff13dce2771faaf04e5b17e0eb-27.htmlhttp://www.nardizzi.com/the-last-detective_files/09d150ff13dce2771faaf04e5b17e0eb-27.html#unique-entry-id-27Wall Street Journal has an opinion piece arguing social networking puts younger people at a face-to-face disadvantage. Although younger generations are communicating at a hurried and increased pace with a variety of technological gadgets, many of their communication tools involve the exchange of written words alone. The author argues they "are ever less likely to develop the "silent fluency" that comes from face-to-face interaction. It is a skill that we all must learn, in actual social settings, from people (often older) who are adept in the idiom. As text-centered messaging increases, such occasions diminish. The digital natives improve their adroitness at the keyboard, but when it comes to their capacity to "read" the behavior of others, they are all thumbs."

Interesting observation. In the dozens of successful con artists we have investigated over the years, almost all were described by friends and victims (who were often former friends or lovers) as having highly evolved social skills--charming in all the bad ways. If someone gave off signs saying they were a victim, these guys read that message and pounced.
]]>http://www.nardizzi.com/the-last-detective_files/09d150ff13dce2771faaf04e5b17e0eb-27.html#unique-entry-id-27Kroll sued for conflict of interest & faulty due diligencejnardizziBLOG2009-08-12T09:18:25-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/-P6oM2FvoD8/cfd924577ed61d82b22c1659258b01e6-26.htmlhttp://www.nardizzi.com/the-last-detective_files/cfd924577ed61d82b22c1659258b01e6-26.html#unique-entry-id-26
Federal lawsuits allege Kroll engaged in a conflict of interest when it vetted Stanford for a trade group looking to protect its investments after the firm had previously worked for the Texas billionaire’s companies.

In a pair of lawsuits filed in May, the National Electrical Contractor’s Association reached out to Kroll in October 2006 to determine if it should continue buying high-interest certificates of deposit from Stanford International Bank. The association ended up losing all of its $2.5 million investment in what is believed to be a $8 billion Ponzi scheme.

NECA had paid Kroll $15,000 to perform due diligence on Stanford in April 2007. The contract had a stamped signature for Tom Cash, who took the money even though he and Kroll had been retained by Stanford in a prior case. “Kroll never disclosed Mr. Cash’s connection with Mr. Stanford and the obvious conflict that this relationship presented,” the NECA lawsuit states. NECA said Kroll’s due diligence report failed to reveal what industry experts have called “major, major, major red flags,” including:

~ The National Association of Securities Dealers levied a $20,000 penalty on Stanford

~ The U.S. Treasury Department issued an advisory in 1999 warning U.S. banks to scrutinize transactions involving Antigua due to corrupt regulation of offshore banks. The British Treasury issued a similar warning.

~ Kroll never highlighted the small size and unsophisticated nature of Stanford’s auditor, Antigua-based C.A.S. Hewlett.

The lawsuits also quotes one of Kroll’s own investigators, William Brittain-Catlan. “I’m amazed by the way people were taken in by ‘Sir Allen.’ There’s so much stuff out there that anyone who wanted to do a cursory check would have seen. Various allegations have been flying around for years,” said Brittain-Catlin, author of “Offshore: The Dark Side of the Global Economy.”

]]>http://www.nardizzi.com/the-last-detective_files/cfd924577ed61d82b22c1659258b01e6-26.html#unique-entry-id-26Appeal for en banc hearing in O'Laughlin case deniedjnardizziBLOG2009-08-07T18:05:33-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/NHdMynfFtPg/66f1a916923cc4c537b70ad86cfaeb3a-25.htmlhttp://www.nardizzi.com/the-last-detective_files/66f1a916923cc4c537b70ad86cfaeb3a-25.html#unique-entry-id-25
The US First Circuit Court of Appeals has denied the Commonwealth of Massachusetts appeal for an en banc hearing. This means that the decision by the 3-judge panel that reversed Michael O'Laughlin's conviction on June 11, 2009 remains intact. The only option left for the Commonwealth is for the Attorney Generals office to file a petition for writ of cert to the US Supreme Court, and we believe they will. We expect the Commonwealth will move to stay the order (keeping Michael in prison) while the writ of cert to the US Supreme Court is pending. Michael's lawyer will file a motion for release and try to obtain bail for Michael so he can be released from prison.
]]>http://www.nardizzi.com/the-last-detective_files/66f1a916923cc4c537b70ad86cfaeb3a-25.html#unique-entry-id-25No trespass at Harvard by Massachusetts private investigator jnardizziBLOG2009-07-29T08:44:38-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/mwo713Otoic/1e7a9dbca5abf24b3c8aaf4cc783f57d-24.htmlhttp://www.nardizzi.com/the-last-detective_files/1e7a9dbca5abf24b3c8aaf4cc783f57d-24.html#unique-entry-id-24
The DA made several contacts with sources at Harvard to determine whether the university wished for the judge to issue findings of fact and law (which could have set grounds for appeal). Harvard declined to do so.

Once again, the constitutional right of American citizens to be free from unreasonable searches and seizures has been upheld.

On Saturday afternoon, May 30, 2009, Harvard University police arrested the Cadillics without cause. This firm was assisting the Simmons Agency and MIT Crime Club with research on the murder of Justin Cosby and security measures at Harvard University.
]]>http://www.nardizzi.com/the-last-detective_files/1e7a9dbca5abf24b3c8aaf4cc783f57d-24.html#unique-entry-id-24Client Settles Civil Rights Case for $3.4 millionjnardizziBLOG2009-07-18T22:30:00-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/Lvdd5z7iBYY/34fc46ad84211775a43f10247538e428-23.htmlhttp://www.nardizzi.com/the-last-detective_files/34fc46ad84211775a43f10247538e428-23.html#unique-entry-id-23
Kenneth Waters was wrongfully arrested and convicted. He served 18 years of a life sentence for the 1980 murder and armed robbery of Katharina Brow. Waters was released from prison after DNA evidence had revealed the blood of an unknown person at the murder scene. Waters died during an accidental fall shortly after being granted his freedom.

His sister, Betty Anne Waters, had put herself through law school in order to represent one client: her brother. She located the biological evidence and worked to have it subjected to DNA testing.

Waters complaint alleged that the Ayer Police and Taylor's deliberate bad-faith suppression of favorable evidence led to his conviction – including suppression of evidence that Waters was not the source of the perpetrator’s bloody fingerprint on a piece of a toaster on the dining room floor; as well as suppression of Waters’ time card from work, which cemented his alibi. Taylor was also accused of used coercive and suggestive tactics to manufacture falsely incriminating statements from witnesses Brenda Marsh and Roseanna Perry.

The civil rights case filed by Dennis Maher against many of the same defendants for similar actions during this era is pending.
]]>http://www.nardizzi.com/the-last-detective_files/34fc46ad84211775a43f10247538e428-23.html#unique-entry-id-23Surveillance and privacy - Massachusetts private investigatorsjnardizziBLOG2009-07-16T00:37:00-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/-AHq1w8OLY8/fafbf287c8b2e46da1fbb67098a01832-22.htmlhttp://www.nardizzi.com/the-last-detective_files/fafbf287c8b2e46da1fbb67098a01832-22.html#unique-entry-id-22good summary of privacy laws and surveillance in Massachusetts. written by lawyers Joseph M. Desmond & David Viens. One of the leading cases in Mass. is DiGirolamo v. D.P. Anderson & Associates, Inc., The court wrote that investigators may generally observe, or photograph a person in public places. A gray area arises when a person enters the privacy of their own home. The court looked at 4 scenarios as to whether a private investigator violates a person's statutory right to privacy:

~ the investigator looks through a window into an apartment with the naked eye;
~ the investigator looks with the naked eye when a person walks out onto a balcony;
~ the investigator photographs, or looks at the person on a balcony with enhanced vision
~ the investigator photographs or looks at a person inside the home with enhanced vision.
 
The Mass. court concluded that only the fourth scenario would constitute an unreasonable and substantial interference with the plaintiff’s right to privacy. The court adopted the United States Supreme Court’s Fourth Amendment analysis from Oliver v. United States. It also quoted a Second Circuit Court of Appeals’ case United States v. Taborda: “Observation of objects and activities inside a person’s home by unenhanced vision from a location where the observer may properly be does not impair a legitimate expectation of privacy. However, any enhanced viewing of the interior of a home does impair a legitimate expectation of privacy.”

]]>http://www.nardizzi.com/the-last-detective_files/fafbf287c8b2e46da1fbb67098a01832-22.html#unique-entry-id-22RIAA piracy case appealed; was evidence obtained by unlicensed investigator?jnardizziBLOG2009-07-11T17:30:58-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/UAkS9Dt70Vg/728c51f2a01f59a6d00559b8988669b0-21.htmlhttp://www.nardizzi.com/the-last-detective_files/728c51f2a01f59a6d00559b8988669b0-21.html#unique-entry-id-21case to go to a jury trial was appealed. Jammie Thomas-Rasset implored the judge to overturn the $1.9 million verdict, which she called "excessive, shocking and monstrous." In their motion, Thomas-Rasset's laers argued that much of the evidence used against her had been improperly collected by Media Sentry Inc, working on behalf of the Recording Industry Association of America (RIAA). They argued that the evidence gathered by Media Sentry should have been suppressed because the company did not own a private investigator's license.
]]>http://www.nardizzi.com/the-last-detective_files/728c51f2a01f59a6d00559b8988669b0-21.html#unique-entry-id-21Good listener? Party bore? Unsure of the difference?jnardizziBLOG2009-07-07T17:27:51-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/kH-JZEakBTk/2c860f9258b9c96b853097ec401a88af-20.htmlhttp://www.nardizzi.com/the-last-detective_files/2c860f9258b9c96b853097ec401a88af-20.html#unique-entry-id-20Reid offers some tips on listening skills:

1. Avoid assumptions before actually doing the interview. Listen fully to answers.
2. Recognize the difference between a personal judgment and a factual statement.
3. Do not assume every verbal slip-up is an admission of guilt. Develop context and follow up with specific questions in the area of concern.
]]>http://www.nardizzi.com/the-last-detective_files/2c860f9258b9c96b853097ec401a88af-20.html#unique-entry-id-20Massachusetts sees increase in patent litigationjnardizziBLOG2009-06-24T17:47:50-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/2b_Hu1_g1B8/0275d0389afc3a3e68d5ab5204d2a178-19.htmlhttp://www.nardizzi.com/the-last-detective_files/0275d0389afc3a3e68d5ab5204d2a178-19.html#unique-entry-id-19 ]]>http://www.nardizzi.com/the-last-detective_files/0275d0389afc3a3e68d5ab5204d2a178-19.html#unique-entry-id-19Yeager case defines limits on white collar prosecutionsjnardizziBLOG2009-06-19T18:13:19-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/4FgnPnOFDRw/e6b29fce1d9a0ccd4197710564a8b29d-18.htmlhttp://www.nardizzi.com/the-last-detective_files/e6b29fce1d9a0ccd4197710564a8b29d-18.html#unique-entry-id-18 USA v. Yeager case which defines the limits on the governement trying to repackage facts and charge defendants under different statutes after a jury already decided the conduct was not illegal.
]]>http://www.nardizzi.com/the-last-detective_files/e6b29fce1d9a0ccd4197710564a8b29d-18.html#unique-entry-id-18Client Est. of Kenneth Waters wrongful conviction case will go to trialjnardizziBLOG2009-06-09T15:59:41-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/52A3NmtZv_Y/1f967efa1c6395d30ae059cc0c3dc791-17.htmlhttp://www.nardizzi.com/the-last-detective_files/1f967efa1c6395d30ae059cc0c3dc791-17.html#unique-entry-id-17
Kenneth Waters was wrongfully arrested and convicted. He served 18 years of a life sentence for the 1980 murder and armed robbery of Katharina Brow. Waters was released from prison after DNA evidence had revealed the blood of an unknown person at the murder scene.

Waters complaint alleged that the Ayer Police and Taylor's deliberate bad-faith suppression of favorable evidence led to his conviction – including suppression of evidence that Waters was not the source of the perpetrator’s bloody fingerprint on a piece of a toaster on the dining room floor; as well as suppression of Waters’ time card from work, which cemented his alibi. Taylor was also accused of used coercive and suggestive tactics to manufacture falsely incriminating statements from witnesses Brenda Marsh and Roseanna Perry.
]]>http://www.nardizzi.com/the-last-detective_files/1f967efa1c6395d30ae059cc0c3dc791-17.html#unique-entry-id-17Court of Appeals Reverses Conviction of client Michael O'Laughlinjnardizziwrongful convictions2009-06-11T18:02:58-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/Ooa1E104WZs/25bc7ded739a7a85c83047bfbc435552-16.htmlhttp://www.nardizzi.com/the-last-detective_files/25bc7ded739a7a85c83047bfbc435552-16.html#unique-entry-id-16
The court summed up the case as follows:

"A Massachusetts Superior Court jury had convicted O'Laughlin of the following counts: (1) burglary and armed assault in a dwelling; (2) armed assault in a dwelling; (3) armed assault with intent to murder; and(4) assault and battery by means of a dangerous weapon. The Superior Court then sentenced O'Laughlin to 35-50 years on Counts One and Two; 19-20 years on Count 3; and 9-10 years on Count 4, ruling that the sentences were to be served concurrently.

The intermediate Massachusetts Appeals Court reversed the judgments holding that there was insufficient evidence to support the verdicts. Commonwealth v. O'Laughlin, 830 N.E.2d 222 (Mass. App. Ct. 2005) (hereinafter "O'Laughlin I"). The Massachusetts Supreme Judicial Court ("SJC") reinstated the judgment reasoning that there was sufficient evidence to support the verdicts. Commonwealth v. O'Laughlin, 843 N.E.2d 617 (Mass. 2006) (hereinafter "O'Laughlin II").

O'Laughlin filed a petition for a writ of habeas corpus in the United States District Court for the District of Massachusetts on grounds that (1) the SJC's (which had ruled that was objectively unreasonable because there was insufficient evidence to support a guilty verdict and (2) that the SJC violated his constitutional right to present a defense. The district court denied O'Laughlin's petition for habeas relief.

After careful consideration, we reverse the judgment of the district court and order the district court to grant the petition. "

A full factual recounting of the case is found here. Michael remains in prison pending a state appeal for an en banc hearing by a full panel of 1st Circuit judges.
]]>http://www.nardizzi.com/the-last-detective_files/25bc7ded739a7a85c83047bfbc435552-16.html#unique-entry-id-16Investigator arrested without cause by Harvard policejnardizziBLOG2009-06-01T21:28:27-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/ipgpAOt7AJI/c67a74d9704566d9a804b3d6ff6bd8ea-15.htmlhttp://www.nardizzi.com/the-last-detective_files/c67a74d9704566d9a804b3d6ff6bd8ea-15.html#unique-entry-id-15
After identifying himself to a student, providing a business card, and his purpose for visiting, Mr. Cadillic requested permission to view the area of the shooting. Harvard police, instead of making a reasonable inquiry into how he came on campus, then arrested Mr. Cadillic and his wife Elissa (who was present but is not employed as an investigator).

Why does a university whose motto, Veritas, means truth, have a long history of dubious interpretations of law when it comes to witness access, due process, and free speech? This is especially true when events highlight certain unpleasant truths about drug use and violent crime at Harvard.

We look forward to all criminal charges against Mr. Cadillic being dismissed. We continue to seek information about Justin Cosby's murder on campus and encourage any information to be sent to us.
]]>http://www.nardizzi.com/the-last-detective_files/c67a74d9704566d9a804b3d6ff6bd8ea-15.html#unique-entry-id-15Lie detecting: focus on what people say, not how they act. jnardizzilie detectioninterviewing2009-05-14T08:00:21-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/Gu1NtRfJCRQ/4b5185e5b98cd43cb72de83184b05ebe-13.htmlhttp://www.nardizzi.com/the-last-detective_files/4b5185e5b98cd43cb72de83184b05ebe-13.html#unique-entry-id-13New York Times reports some researchers are focusing on speech content instead of body language as a better indicator of when someone is lying.
]]>http://www.nardizzi.com/the-last-detective_files/4b5185e5b98cd43cb72de83184b05ebe-13.html#unique-entry-id-13NLP eye movement and lie detecting: Everything you know is wrongjnardizzilie detection2009-05-09T22:51:30-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/8BshljaJBpU/8a2d1cc037acf99bc6df771dacc1c644-12.htmlhttp://www.nardizzi.com/the-last-detective_files/8a2d1cc037acf99bc6df771dacc1c644-12.html#unique-entry-id-12
One problem: research shows it doesn't work. Here is one expert discussing NLP, which was never intended for use in witness interview settings.
]]>http://www.nardizzi.com/the-last-detective_files/8a2d1cc037acf99bc6df771dacc1c644-12.html#unique-entry-id-12Background Check Mythsjnardizzibackground checksdue diligence2009-05-03T11:50:22-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/EW2_-P4Ch3Q/26e1ce4d71f639a7691c6c258d04a8ef-11.htmlhttp://www.nardizzi.com/the-last-detective_files/26e1ce4d71f639a7691c6c258d04a8ef-11.html#unique-entry-id-11saved a client millions of dollars , some clients have called to ask how firms can offer "national criminal record checks" for $24.95.

The national criminal check is the unicorn of the industry-- a complete myth. Usually, these firms are checking a compilation of conviction data--people who actually spent time in prison. However, only a very small percentage of people charged with crimes ever do any time. National offender databases are misleading: they miss charges that have been pled out, dismissed, not prosecuted. A bit like taking a photo of someone's nose and selling it as a portrait.
]]>http://www.nardizzi.com/the-last-detective_files/26e1ce4d71f639a7691c6c258d04a8ef-11.html#unique-entry-id-11Legality of GPS tracking jnardizziprivate investigatorprivacy2009-04-21T17:37:54-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/-E8xcnu5YZc/864a1c83d7cc2a89e9217ce94a93783e-10.htmlhttp://www.nardizzi.com/the-last-detective_files/864a1c83d7cc2a89e9217ce94a93783e-10.html#unique-entry-id-10Hingham incident shows how those who use (or misuse) GPS tracking systems can face civil and criminal prosecution. General rule is that the owner (or joint owners) of the vehicle can install a GPS tracking system. Anyone else may face an invasion of privacy suit -- or worse. Case law continues to evolve here.
]]>http://www.nardizzi.com/the-last-detective_files/864a1c83d7cc2a89e9217ce94a93783e-10.html#unique-entry-id-10Kroll, USIS, OPM investigators charged with falsifying background checksjnardizziprivate investigatordue diligencebackground checks2009-04-14T08:36:10-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/ERTYiqdmTC4/7139aeaa814cc677c8088852f9f97fd6-9.htmlhttp://www.nardizzi.com/the-last-detective_files/7139aeaa814cc677c8088852f9f97fd6-9.html#unique-entry-id-9Washington Post reported that employees for Office of Personnel Management as well as subcontractors Kroll and USIS, which handle the background inquiries for more than 100 federal agencies, lied about interviews they never conducted and submitted false statements. In the race to the low price swamp, it has long been suspected that some firms offer background checks at prices they cannot afford without cutting corners ( "national criminal check"' for $4.95 anyone?). A shabby product is the logical result.
]]>http://www.nardizzi.com/the-last-detective_files/7139aeaa814cc677c8088852f9f97fd6-9.html#unique-entry-id-9Reading facesjnardizzibody language2009-04-10T15:22:53-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/XIX4UMN4hd4/9e47039671058bebfbc342e70ebdfe7a-8.htmlhttp://www.nardizzi.com/the-last-detective_files/9e47039671058bebfbc342e70ebdfe7a-8.html#unique-entry-id-8Paul Ekman's decades of research are the backbone of the Microexpression Training Tool [METTS]. Interesting program with online video examples. If you read Ekman's books, he explains that reading facial expressions does not automatically reveal a liar. Microexpressions may be a sign of subterranean emotions, but there is no expression that automatically signals deception.
]]>http://www.nardizzi.com/the-last-detective_files/9e47039671058bebfbc342e70ebdfe7a-8.html#unique-entry-id-8Senator Stevens' conviction overturnedjnardizzicriminal defensewhite collar crime2009-04-08T18:01:11-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/Rsbd4eecVRo/572d403cd264857396e6c592e07e7e6e-7.htmlhttp://www.nardizzi.com/the-last-detective_files/572d403cd264857396e6c592e07e7e6e-7.html#unique-entry-id-7Boston Globe reports a federal judge tossed out the conviction of former US senator Ted Stevens after the Justice Department admitted its prosecutors mishandled evidence in the corruption case. Two prosecutors did not turn over notes from an interview in April 2008 with the case's key witness--notes that contained exculpatory evidence. Veteran defense investigators know this is a not uncommon phenomenon: several agents
from different agencies sit in on one interview, and their notes differ vastly from the "official report" that is eventually turned over to the defense. Always good practice to identify everyone at the meeting, and review notes from everyone present.

Prosecutors who handled the trial have been removed from the case and their conduct is under investigation.
]]>http://www.nardizzi.com/the-last-detective_files/572d403cd264857396e6c592e07e7e6e-7.html#unique-entry-id-7Death of weapons frisk greatly exaggerated after MA high court rulingjnardizzicriminal defense2009-04-06T18:21:14-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/mFBOUiZxKm0/14685f774397eb68eee16c17541f7e94-6.htmlhttp://www.nardizzi.com/the-last-detective_files/14685f774397eb68eee16c17541f7e94-6.html#unique-entry-id-6
No new law here. Just a reminder that, if no requirement existed for specific suspicions about a suspect, residents in high-crime areas could be pat frisked while simply walking in their neighborhood.
]]>http://www.nardizzi.com/the-last-detective_files/14685f774397eb68eee16c17541f7e94-6.html#unique-entry-id-6Detecting a liar - the punishment questionjnardizziinterviewinglie detectionbody language2009-04-03T21:13:52-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/MK3jgloPOYk/91ea4246616fc7313f3f0476b8c3ffed-4.htmlhttp://www.nardizzi.com/the-last-detective_files/91ea4246616fc7313f3f0476b8c3ffed-4.html#unique-entry-id-4Reid), truthful suspects are open to some degree of appropriate punishment.
]]>http://www.nardizzi.com/the-last-detective_files/91ea4246616fc7313f3f0476b8c3ffed-4.html#unique-entry-id-4Men in suits lie toojnardizzidue diligenceprivate investigatorbackground checks2009-03-27T18:03:34-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/GCBNtqdXzCw/8e30ea9a92d037f83c0e9c10c7b2d502-3.htmlhttp://www.nardizzi.com/the-last-detective_files/8e30ea9a92d037f83c0e9c10c7b2d502-3.html#unique-entry-id-3Bloomberg published a good piece on investors increasingly hiring private investigators to conduct due diligence on hedge fund owners. The low-rent marketing beloved by bankers since the 1950s (open New Account -- win free Napkin!) should have been a clue that suits & ties fit both gentlemen and con men. Mama was right--appearances count. A reluctant witness once told me, " I wasn't going to speak about this case, but you look legitimate-- such a nice suit . . ."
]]>http://www.nardizzi.com/the-last-detective_files/8e30ea9a92d037f83c0e9c10c7b2d502-3.html#unique-entry-id-3Great assets of Bernie Madoffjnardizziasset search2009-03-13T22:08:04-04:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/yAKSsYgKh_c/6c0ddb35aa62688f070bce2eb12b2011-1.htmlhttp://www.nardizzi.com/the-last-detective_files/6c0ddb35aa62688f070bce2eb12b2011-1.html#unique-entry-id-1
One question bantered about recently by veteran researchers: does Gramm-Leach-Bliley Act cover business accounts? More specifically, are businesses considered "customers" under the act and thus protected by the sort of tactics once used to find assets hidden by scam artists like Madoff? General counsel for one large firm advised me the act does cover business accounts, but others disagree--off the record. No one wants to be the test case.
]]>http://www.nardizzi.com/the-last-detective_files/6c0ddb35aa62688f070bce2eb12b2011-1.html#unique-entry-id-1Due diligence pays for Nardizzi clientjnardizzidue diligenceprivate investigatorbackground checks2009-03-07T22:59:55-05:00http://feedproxy.google.com/~r/nardizzi/azEF/~3/QOv_P_8U8Y0/63aa256dcfa762d2128f79ffe7b94432-0.htmlhttp://www.nardizzi.com/the-last-detective_files/63aa256dcfa762d2128f79ffe7b94432-0.html#unique-entry-id-0 this statement regarding Westgate Capital Management, LLC and its managing member, James M. Nicholson, who was arrested by the FBI at his New Jersey home.

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