Expertise
of professional private investigators is directly proportionate
to systematic methodology devised to investigate a matter. Different
clients require variable services for variety of reasons. The investigator
must go systematically before accepting an assignment. The first step is to
ascertain true identity of prospective client. The second step is to identify
what does the client want. The third step is to find out what information the
client already has at his disposal. Then the investigator must determine the
motive of the client in seeking desired information. Even before formally
accepting an assignment it becomes logical to indulge in some investigative
research. Professional investigation is not just a business enterprise but is
essentially an ethical conduct of duties in discharging
social responsibilities. Otherwise, the investigator may become
a tool in the hands of unscrupulous seekers of professional expertise. .
Strengthening the hands of the client by providing
sensitive information should not be at the cost of an innocent subject’s
reputation, liberty or financials etc. The investigator must not accept an
assignment where the motivations of the client are not trustworthy
For
this exercise we must differentiate and determine whether the case is
criminal or civil in nature. A professional investigator is sometimes
engaged to collect evidence in a proposed or on- going law suit. His
services could also be limited to a criminal defense case wherein
allegations are against the client. This exercise is termed as litigation
support. . In some cases, the client may desire evidence to be collected
for convincing the law enforcement agencies that a criminal case is made out
against someone. Generally speaking criminal cases involve crimes against
government, an individual, a property wherein state or central laws are
violated. These could be theft, homicides, rape, robbery, frauds,
drugs, terrorism and insurgencies. As against these criminal cases, the civil
cases could be for tracing missing persons (skip tracing), background
investigations, corporate due diligence, personal injury matters, insurance
claims or frauds of personal nature amounting to cheating, domestic disputes,
child custody and plethora of other disputes. Allegations could be criminal in
law even in a civil litigation. The investigator must take precautions to
steer himself clear from encroaching the turf of governmental investigating
agencies.
RESEARCH
COMPONENT:
Every
investigation has a research component. There are methodologies involved from
the starting point of “client contact” through research to surveillance,
interviewing and field inquiries. For hard data collection go step-by-step
as under:
· Prepare a plan of investigation to meet
objectives.
· Identify and locate repositories of
data for research.
· Assess the credibility and
evidentiary value of data.
· Review available information and
identify leads to follow up.
· Analyze, validate and interpret
research data vis-à-vis plan of investigation.
Selection
of investigation targets and techniques is very important. It may seemingly
involve only a person, a corporation or an event. But actually it requires
gathering of information about all three targets as well as interaction part of
each one. In selection of the technique to be adopted, two categories of
information require two different methodologies .These pertain to soft or hard
data. Soft data is more subjective and requires adoption of soft skills. The
hard data is to be procured from reliable sources to be treated as indisputable
facts.
Let us examine two questions to understand the two
techniques:-
“Is the subject a good person”?
This is a subjective assessment by persons interacting
with him and requires interviews for individual opinions. It is soft data.
The second question now:
“Is the subject legal spouse of ‘A’ ?
This is a specific question which can only be established
with the help of hard data like marriage certificates, affidavits and
declarations on record etc. Search of internet, subscription databases and on-
site records are involved in this research. Most cases require combination of
both techniques for investigation.
INVESTIGATIVE RESEARCH:
Investigative research for data collection has become the
most important component for professional investigators. Legally accessible
data admissible as evidence strengthens the primary evidence collected through
field inquiries. Investigators must understand legal provisions for
admissibility of evidence in a court of law. A document by itself is not
evidence till it stands corroborated through direct evidence. Document alone
can only be read over to know the contents but evidence has to be adduced to
connect the document with author or generator of the same; intent and purpose of
its creation and the authenticity.
In India we have, PAN, Aadhar cards, Electoral rolls,
Driving Licenses, Bank records and other store-houses to establish identities,
credentials and addresses. Even day-to-day movements are logged in CCTV at
Malls, Traffic signals, Residential colonies and at Highways etc. Business
enterprises are registered with Registrar of Companies and other entities.
Bureau of Industrial Finance & Reconstruction Offices, Banks and other
Governmental agencies give financial positions. Then again Courts and
Quasi-judicial authorities are the authentic resources of reliable data and
must be tapped for information. Toll Tax records at entry and exit routes of
travel prove movements of goods. Ware houses and private godowns establish storages.
Journey tickets, Hotels and Guest houses prove hide-outs and abodes. Ports of
entries for imported goods, transport and octroi records give out destinations
and disposals. Rest assured an efficient Investigator can always track
movements even if the subject has been missed in surveillance or the goods have
been lost track of. The name of the game is research about repositories of hard
data.
IMPORTS AND EXPORTS: DATA
India is a big economy and a booming business is in
the field of Imports and Exports of goods. There are controlling and
registering authorities for licensing and clearing the goods. Set rules and
regulations are in force to record each step of procedures. Controller of
Imports and Exports maintains the record of applications made, licenses granted
and compliance pertaining to utilization thereof. Periodical bulletins are
issued detailing these particulars which can be accessed from Governmental
outlets and open websites. Custom and Central Excise offices prescribe
procedures for enlistment and payment of duties at the time of clearance of
goods. Clearing House Agents are duly registered and licensed for clearing the
goods. Bills of Entries, Bills of Ladings, Weigh Bills, Invoices and Letters of
Credit have to be filed as also declarations about destinations of goods
through ‘N’ form to be deposited at octroi check posts. Comparative costs of
imports of particular goods at a given point of time can thus be ascertained
and cases of under and over invoicing can be established. Reserve Bank of India
plays a significant role in permitting remittances by way of foreign currency
exchanges. Customs and excise offices at ports of entry and exit are a big
source to ascertain cost factors, quality of goods, invoice values, volume and
weightage and disposal of goods. High seas sale of imported goods violating the
conditions of import licenses can be established. For every clearance the CIF
(Cost, Insurance & Freight) values of imported goods and FOB values (Free
On Board) of exported products is ascertainable. Departmental rules,
regulations and procedures must be mastered by investigators to know real
repositories of hard data.
METHODOLOGY:
The investigator must assess availability of his own
capability in either conducting hard data search or soft data identification.
He needs to identify vital records and where to search them. He must explore
government records which are publicly available. Then he must adopt permissible
methodology to retrieve such data. Records are available in various forms and
formats from printed directories to electronically stored websites. All offer
information about people, organization, places and events etc.
To use the records effectively, knowledge about
repositories is a must that has to be researched thoroughly. There are records
scattered and stored at various places around the world. From beginning to
present date, to go in right direction the investigator must examine a few
questions like:-
· Type of record: Who generated it? Govt.,
medical profession, private websites, business houses etc?
· Location: Where would it be stored? Internet,
courts, archives, libraries etc
· Accessibility: Is it publicly available? How to
retrieve it?
· Validation: Is it a trust worthy data? Is it
relevant?
We are a record based society. There are many sources of
information detailing different aspects of a person’s life. Records may be
created at local, state or central level. We must learn who could create the
record in order to know where it could be stored. From birth records at
Hospitals and Municipal Corporations, to age certificates in Schools, Colleges,
Passport offices etc, we leave
a long trail of verifiable
data till death records in Hospitals, Cremation Grounds and Municipal records. Fact is that almost every movement, every
transaction is verifiable through proper channels. Suitable and permissible
research methodologies have to be adopted. Even in the absence of direct
evidence, there always is enough circumstantial evidence available in hard
Data. We only need to tap proper resources.
