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POLYGRAPH
EXAMINATIONS (Lie-Detector)
TECHNICAL
SURVEILLANCE COUNTERMEASURES (Sweeps or Debugging)
PRIVATE INVESTIGATIONS
Why
use a private investigator?
Few, if any, clients have the time to conduct investigative activities. A thorough investigation must be conducted and can entail activities that require time-consuming work. All potential witnesses must be interviewed. Additional witnesses need to be developed beyond what the law enforcement agency or plaintiff has identified. Law enforcement agencies and plaintiffs tend to focus on evidence, information, and witnesses that support their case rather than on the objective facts of the case. Without a thorough independent investigation evidence, information and witnesses that support the client may never be revealed. In addition to standard investigative activities, the private investigator can review discovery documents to develop leads, evaluate prospective jurors, serve legal papers, and provide support and feedback during trial. The
use of a private investigator by a client provides an image of a
well-staffed and professional team. Since the private investigator's
fee is a legal expense to be born by the client above and beyond
the attorney's fees, his/her services are at no cost to the attorney.
What
benefits do I get using a private investigator? The private investigator can:
The Texas Association of Licensed Investigators (TALI) is the largest organization of private investigators in Texas. Members can be contacted through the association's web site at www.tali.org This site lists members by geographic regions with full contact information. All members are bound by a code of ethics and are licensed and insured. They can ensure you have full investigative resources available throughout Texas through utilization of our association and fellow members.
The
following are but a few telltale "red flags", "paper
trails" and "behavioral changes" which may indicate
a cheating spouse:
PAPER TRAILS
BEHAVIORAL CHANGES
POLYGRAPH EXAMINATIONS
How accurate is the polygraph instrument? U.S. Government
studies have concluded that the polygraph examination, conducted
properly by a qualified examiner, is 87 to 95 percent accurate.
It is the most accurate tool available today for determining truth
or deception. These statistics do not include "No Opinion"
(formerly inconclusive) results in which no opinion can be made
from the polygraph charts.
The examiner receives and reviews the facts surrounding the case. The examiner explains the test process to the examinee and reviews the case facts during the pretest interview. The examiner designs the specific issue examination questions and reads each question to the examinee to make sure each one is easily understood. The polygraph instrument components are then attached to the examinee and given additional instructions. The specific issue examination questions are read to the subject several times while he/she is attached to the polygraph sensors. After all charts (polygrams) have been run, the polygraph examiner analyzes the charts and develops a numerical score for the examination. This score results in a conclusion of either No Deception Indicated (NDI) (truthful), Deception Indicated (DI) (deceptive) or No Opinion (inconclusive). The polygraph examiner will transmit the initial examination results to the client verbally and then officially after a quality control check has been made by another uninterested polygraph examiner, usually within 24 hours. A written report may be requested, however some polygraph examiners will charge a small fee for this report. NOTE: Polygraph examinations are conducted in private with no other persons permitted in the examination room during the examination (other than possibly an interpreter). [Return
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A standard polygraph instrument records changes in blood pressure, pulse rate, pulse strength, galvanic skin response (sweat gland activity), and upper and lower breathing patterns (movement). It does not matter if the subject is "nervous" during the examination process - that is to be expected. The polygraph instrument records significant changes from the subject's "norm" when specific issue questions are asked. A person intending deception to a particular question will activate his/her Sympathetic Nervous System (SNS) as a "self defense" mechanism when that specific issue question (threat) is asked on the test. The SNS activation will cause recognizable changes in one or more of the physiological responses. [Return
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The mechanical
(or analog) polygraph instrument has been around for 50 years and
is still widely used today. Just a few years ago computerized polygraph
instruments were developed. These new systems included complicated chart analysis formulas and inkless display systems (on a computer screen in addition to a roll of chart paper). Scoring of the charts is done the same for both systems, but the computerized system has built-in aids for the polygraph examiner and prevents equipment failures that are sometimes experienced with mechanical equipment. In our opinion, at this time the computerized systems are not well-enough advanced to be called superior to the analog systems, although they are admittedly easier to use. A competent and qualified examiner can be equally effective with either system.
What are some of the uses of a polygraph examination?
Specific issue questions are limited to "yes" or "no" answers. Specific issue questions must have definitive objective answers and may not be opinions. Specific issue Test questions must relate to past events of a factual nature. Wording of specific issue questions must only have one interpretation. Some examples of "bad" and "good" questions:
Specific issue questions in the same exam must be related to one another. For example, we can ask about extramarital sex and extramarital dating in the same test, but we can not ask about extramarital sex and drug use in the same test. If distinctly separate issue types must be covered, they must be asked in separate examinations. Additionally, extramarital sex, dating or drug use polygraph examinations will only be administered if a legally acceptable and designated third party is involved, i.e., marriage counselor or divorce attorney. Upon completion of the polygraph examination, the verbal and written results will be passed on to the third party a week after the polygraph examination was administered. It will be the third party's responsibility to inform the married couple of the results of the polygraph examination. [Return
to Top] Typically an polygraph examiner can cover three (3) specific issue questions during a single examination, as long as these questions are related to one another (see above). These three specific issue questions will take approx. 90 to 180 minutes to cover effectively due to the extensive polygraph examination process required. If more questions must be asked, another polygraph examination must be designed and conducted following the first one. This usually adds to the time and cost involved. Finally, a healthy individual can only produce readable polygraph charts for a limited period of time. After this time has expired, it is impossible to generate a conclusive polygraph examination and any further examinations must be scheduled for a different day. [Return
to Top] Most competent polygraph examiners can handle routine sex crimes, but there is a new certification for examiners called "Certified Post - Conviction Sex Offender Examiner" which requires 40 hours of additional specialized training. If your polygraph examination involves the allegations of a sex crime, it would be wise to seek out an polygraph examiner with this additional certification.
The polygraph instrument works by recording changes in a person's Sympathetic Nervous System (SNS), part of the Autonomic Nervous System, which operates independently of conscious thought.
For example, your lungs and heart continue to operate even when you are asleep - you don't have to think about it. These systems can be consciously controlled only very slightly, and attempts (countermeasures) to change these systems are usually picked up by the polygraph examiners, who are trained to identify countermeasure techniques. It is highly unlikely that someone can alter the outcome of a polygraph examination, but it is not impossible. A verified accuracy rate as high as 95% attests to this fact. Use of certain
drugs and medications can also affect the polygraph examination,
but such use generally results in an "No Opinion" (inconclusive)
polygraph examination. It is virtually impossible to change a result
from "deceptive" to "truthful" through the use
of drugs or medications prior to a polygraph examination. If drugs
are suspected, a pretest (or posttest) drug screening is conducted.
It depends. Some courts have allowed the introduction of polygraph evidence while others have not. Each jurisdiction must be checked to determine admissibility standards. One of the greatest fears keeping polygraph evidence out of courts is the fact that such evidence would carry greater weight than other equally-important evidence and would tend to sway a jury in one direction even though other evidence may point the other way. In most cases, polygraph evidence is used during pretrial negotiations, administrative hearings, and during sentencing rather than during the trial itself.
How can a polygraph examination benefit my client and I, as their attorney, in a litigation? As an attorney, in both criminal and civil actions, it makes sense to use all available tools to assist you in critical strategies. In tort actions, the polygraph is frequently used to test key fact issues that cannot be corroborated by any other means. A polygraph examination can be used to test the reliability of memories and well as the truthfulness of statements. In appeals cases, polygraph examinations have been a key part of the arguments that have been successful in courts granting new trials. Successful criminal defense often includes the use of forensic polygraph examinations of suspects and witnesses. Certainly if the prosecution offers a polygraph examination to your client, you should have confidence in your clients ability to pass a law enforcement polygraph examination. A polygraph examination is an excellent predictor of how your client will perform in trial, at depositions even in front of public forums. ERRII has the
highest standards in forensic polygraph examinations. Our examiners
are licensed polygraph examiners by the State of Texas with federal,
state and local law enforcement backgrounds and experience. All
examiners have met the minimum standard of a Bachelor's degree from
accredited Universities. In addition, all examiners have advanced
courses of study in interview, interrogation and statement analysis. [Return
to Top] Yes, but only under certain conditions. The Employee Polygraph Protection Act (EPPA) of 1988 requires that the employer have suffered a specific economic loss, that the employee to be examined had access to the missing property or loss, and that the employee is suspected of involvement in the missing property or loss beyond mere access. If these conditions are satisfied, the employer must make a request in writing that the employee take the polygraph examination. We can provide a form for such requests. This request must advise the employee that the polygraph examination is voluntary and that no action can be taken against him/her solely for refusing to take it. The employee must also be advised of the incident under investigation, his/her legal rights, and a number of other notifications required under the law. This request must be presented to the employee at least 2 business days prior to the scheduled polygraph examination. Polygraph examination questions must be limited to the specific loss only. The polygraph examiner is not permitted to ask questions about losses other than those listed in the notification form. If an employee
"fails" (deceptive) a polygraph examination under these
conditions, the employer still may not take action against the employee
without additional supporting evidence indicating the employee's
involvement in the loss. [Return
to Top] First thing, if the state you are in requires licensing, make sure the polygraph examiner has a current license. Less than half of the states in the U.S. have this requirement. Next, make sure the polygraph examiner has been "certified." Every examiner must attend a polygraph training program which lasts 7 to 8 weeks (or longer if trained by the government (Department of Defense Polygraph Institute - DODPI)). After graduation, the polygraph examiner must conduct a certain number of exams during an "internship" period. After the internship (usually one year) the agency or state board reviews the examiner's work and grants the certification/license if this work was done to standards. After certification, most examiners must complete a certain amount of continuing education or advanced training courses. Beware of an examiner who's been operating for 25 years but has not taken advanced training in many years. Technology changes and examiners must keep current with these changes. Finally, look for professional affiliations and membership, such as the American Polygraph Association or other similar groups which set professional standards for examiners. Is there a best time of day to take a polygraph examination? Yes. Since it
is important that the examinee examined be capable of providing
maximum responses (for scoring purposes), that examinee should be
well rested prior to the exam. In other words, a examination administered
in the morning will be more productive than those conducted later
in the day, and examinations administered in the evening significantly
increases the risks of a "No Opinion" (inconclusive) result.
The examinee should also not be examined right after an argument,
interrogation or long day of work if possible. What if I can't get to the polygraph examiner's office? Most polygraph
examiners will travel to your location for an additional fee, which
includes the per diem rate for the area, airfare, rental vehicle
and mileage. Be sure to have adequate facilities available. This
includes a quiet private room for the examination with a table and
three chairs (one chair with fixed back and no casters/wheels). Is my deposit refundable? If the polygraph
examiner does not administer your polygraph due to his/her choice
or schedule problem, the deposit is refundable. If the client cancels
the polygraph examination for any reason, the deposit and additional
fees discussed above is forfeited and another deposit must be applied
prior to rescheduling. Will I incur any additional fees? Not usually. The fee listed is for a "basic" polygraph with three or less primary (relevant) questions conducted during normal business hours at the polygraph examiner's location of choice. Additional charges may be incurred for (1) examinations covering more than three questions (2) use of an interpreter (3) use of audio or video recording equipment (4) typewritten reports (5) examinations conducted after business hours or on weekends (6) polygraph examiner's testimony in court or other proceeding. Why do prices depend on where you take the polygraph examination? Like anything else, the price of a polygraph examination is "market" driven. In some areas the examination may be as low as $300 while in others it is $700. The fee is usually determined by supply and demand. Can someone under age 18 be administered a polygraph examination? Yes, but the polygraph examiner must first have written consent of a parent or guardian. However, most polygraph examiners will not test anyone under 12 years of age barring extraordinary circumstances.
TECHNICAL
SURVEILLANCE COUNTERMEASURES (Sweeps or Debugging)
TSCM
- Technical Surveillance Countermeasures, or "debugging,"
is both an electronic and physical inspection of an item or location
(briefcase, cellphone, automobile, office, home, aircraft, boat,
etc.). The purpose is to locate and identify possible covert surveillance
devices (bugs) and/or technical security weaknesses. A complete
TSCM inspection will also evaluate for weaknesses of all locks,
alarms, and other systems of physical and electronic security.
Threats
can be directed at you by neighbors, coworkers, friends, competitors,
enemies, strangers, your spouse, industrial spies, government agents,
business adversaries, your insurance company, stalkers or your boss,
and yes, even your most trusted employees.
According
to Business Week, more than an estimated 200,000 bugging devices
were planted in recent years throughout Western Europe and the USA.
However, even though this type of behavior is deemed illegal, it
is very difficult to prove and even harder, if not next to impossible,
to prosecute. The result: a rampant free-for-all that has been increasing
at over 200% per year. Remember
-- anybody with Money, Power, Influence, or access to Sensitive,
Classified, or Personal Information is at serious personal risk.
Therefore, it only stands to reason that as the value of the protected
information or situation increases, the potential threat level escalates! To
conduct an exhaustive and meticulous in-depth electronic surveillance
and physical inspection for any and all existing covert cameras,
telephone transmitters and/or room bugs, and to identify and eliminate
all devices which would present a security breach in client operations
and compromise sensitive personal and/or business secrets. Most
Confused Terms The
words "bugging" and "wiretapping" are, without
a doubt, the terms most commonly confused in discussion of TSCM. Although
"bugging" and "wiretapping" are both "types"
of eavesdropping, their objective is quite different. The
objective of a "wiretap" is to install a transmitting
device on a telephone line, for the purpose of intercepting, and
usually recording, telephone conversation and telephonic communications. The
objective of a "bug" is to hear and or record conversations
between two or more individuals who have met at a specific place,
such as an office, hotel room or residence. Telephone
systems, however, can be used both in the form of a wiretap or room
bug. The telephone set or its speakerphone can easily be converted
into a "hot-on-hook" room microphone. In short, this means
that although the telephone is hung up (on-hook) it will transmit
all room conversations down the telephone line to the eavesdropper's
listening post for monitoring with an audio amplifier.
Myth
#1: That a TSCM inspection specialist can guarantee that a device
will be located. If one makes such a guarantee, it is in your best
interest to hang up the telephone or make a hasty exit out the door.
There are only two situations under which an individual could and
would make this claim:
A
reputable physician could not and would not guarantee the success
of surgery to his patient. An attorney could not and would not guarantee
the outcome of trial to his client. The same holds true for the
reputable TSCM specialist; the only honest position that could be
conveyed is that most wiretaps or bugs are detectable by a properly
trained countermeasures technician. Myth
#2: That law enforcement will catch eavesdroppers who unlawfully
monitor telephone and room conversations. This is not, even when
suspicions are reported, a high priority with police agencies. And
it is extremely unlikely that the subject committing the attack
will ever be caught as it is not the function of law enforcement
to check on or scrutinize the listening habits of the public for
violators. Myth
#3: That equipment can be purchased and used by untrained personnel
to locate transmitting devices. Possibly - but highly unlikely.
Not only would they not have any idea as to the extensive knowledge
and skill required to conduct an effective sweep, but it is more
probable that they would alert the eavesdropper during the initial
phase of sweep activity, which should at the onset be conducted
in a non-alerting manner. Myth
#4: That the transmitter should be located relatively quickly.
This is not the case. The eavesdropper is aware of the type of bug
used, the operating frequency, and the location and type of installation.
The technician performing the TSCM inspection, on the other hand,
obviously does not have any of this information available to aid
in detection. Myth
#5: That because the terminology heard constantly is, "my
phones bugged," there is only one type of bug. The fact is
there are "many" types of bugs, transmitting on "many"
types of frequencies, installed in "many" different ways,
which is why it is an extremely exhaustive and technical procedure
requiring years of training to be effective in countermeasures. The following
are just but a few of the various types of transmitting bugs which
can be used by a professional eavesdropper:
Myth #6:
That my telephone line must be tapped, "I hear clicking noises."
Possibly, but not usually the result of a transmitting device. There
could be many other reasons for this type of unusual line noise,
such as telephone company equipment problems, cross-connect, temperature
changes, installation and/or repairs in progress. Myth #7:
That the device is easily discovered with a "magic box"
with small LED lights which flash when the antennae is pointed in
the direction of the transmitter. On TV, maybe. But not in the real
world. Be skeptical of those, such as most private investigators
who offer this service in the local telephone directory and will
propose to conduct a TSCM sweep for a few hundred dollars. The reality
is that this "TSCM Expert" will appear with a "magic
box" and, after going through the motions for a short period
of time, leave assuring you of your safety and security claiming
to have neutralized all of your potential threats. Potential
High Threat Level Situations The world and
focus of intelligence gathering is changing drastically, as individuals,
business and governments concentrate on economic and commercial
information gathering for survival. With the trend toward the "global
economy," international business interests and tactics have
filtered down to regional and local levels. The following
are but a few areas that could make you a prime subject for electronic
eavesdropping:
The "spy
game" goes on for many reasons. In addition to industrial and
government spying, all other forms are on the increase. Invading
your privacy or stealing secrets almost at will, your competitor,
spouse and/or ex-spouse, adversaries in lawsuits and even stalkers
are very common and frequent perpetrators. In fact, your
attorney's conference room may well be the most dangerous location
possible to discuss your private affairs unless they have a comprehensive
security plan in place to counteract possible intrusion. Consider some
of the following "red flags" that could be indicators
of intelligence gathering to aid the opposition in tipping the playing
field in their favor:
Why counter surveillance measures? For
the protection of your privacy and sensitive information - if it
is important to you. The personal, emotional and financial damage
caused by a technical penetration can be devastating, and TSCM provides
a solution by periodic, intensive professional sweeping to completely
sterilize and clean the environment of taps and bugs that could
compromise your security. There are numerous and diversified reasons for having a "sweep" conducted, but in all situations the ultimate objective is the same, to cover all available avenues to prohibit a serious information leak that could cause personal and financial ruin.
There are many who believe electronic surveillance transmitting devices are difficult to obtain. But then again - that is just another myth. Widely used, although illegal, the technology and equipment required to easily intrude on business and personal information has reached the masses. Standard "low-end"
telephone taps and room bugs can be purchased by anyone at the local
electronics store or on the open market. Just a few examples of
inexpensive commercial products which can easily be converted into
bugging devices are:
And then there
is more advanced technology, which include such intrusive transmitters
as infrared and carrier current devices. They are available to almost
anyone who does a little research, has basic electronics knowledge,
and a minimal budget. Intrusion into
your business and home can be executed through your telephone, fax,
cellular phone, pager, cable TV, Musak, windows, walls, air conditioning
and ventilation system, your computer modem and Internet connection.
What
do I do if I suspect I have been bugged? The TSCM sweep
teams service all types of clients and are available to corporations,
businesses, individuals, law firms, celebrities, government agencies,
studio and media clients. These sweep teams conduct electronic sweeps
and analyzed everything from factories and buildings to homes and
offices, vehicles, boats and aircraft. This includes
preplanning strategy, threat analysis, electronic and physical site
inspection, post analysis and prevention reports and strategies. In the event
you suspect you may be the target of electronic surveillance, the
following is suggested as a guideline:
The premise
is not to introduce a "cloak and dagger" mentality in
the process of securing TSCM assistance, but to make you aware that
in doing so you will be ahead of the game with immediate action
and the use of a little common sense.
What
will I be charged for a TSCM sweep? Client rates
and expenses are considered confidential business secrets and, therefore,
should not be available for public viewing. Due to the integrity
and specialized services quotes are typically requested, rates and
expenses for services vary accordingly and are only provided to
qualified clients upon consultation and evaluation of specific requirements.
However, as a guideline, TSCM rates in general are determined first
by the "Threat Level" of the sweep to be conducted. Obviously
the budget, skill and determination of your adversary would vary
greatly as well as the type of equipment used and technical knowledge
involved in installing any device(s). Generally the threat levels
can be divided into five primary groups and an example of a typical
range of these threat levels could be:
The rates then
further affected based upon the following :
[Return
to Top] There
are very few legitimate and competent TSCM counterintelligence firms
in the U.S. private sector. If you have a need for a TSCM specialist in South Florida contact: Mr. Buzz Benson, Executive World Services, Inc. P.O. Box 33, Braselton, GA 30517-0033, telephone (678) 316-7002, email: info@executiveworldservices.com, Website: http://www.executiveworldservices.com
Visit this site: Wire and Electronic communications interception and interception of oral communications What is the state consensual telephonic monitoring rule? Visit this site: The Reporters' Committee for Freedom of the Press
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