INVESTIGATIVE RESEARCH FOR DATA COLLECTION

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.