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Attorneys'
Investigative Consultants |
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| In this section we
publish the responses to questions of general interest that we receive. If
you would like to submit a question, you may click on Ask a Question and submit it for an answer
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| How can I find hidden assets? |
What can I do about employee disloyalty? |
| Do I need a lawyer or an
investigator? |
Has he ever been married? |
| How can locate a birth-parent? |
What will it cost to find bank
accounts? |
| Do I really need a lawyer? |
Can I use an Internet search to find
hidden real-estate? |
| Return to "Kaplan Responds" main page |
Go to "Ask a Question" |
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Can I do it
myself?
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| Question: How can you find hidden
assets in the form of property or real-estate? Is it do-able? My ex
and his current wife own a business in her name. He runs the business and
works there full time. He brags to people in our religious community of
his prosperity. He lies and tells the court that he hurt his back and
cannot work - he is disabled. Since I have a steady pay, the court
continues to ask me for my salary. He is in his early 50's. I am in my
late 40's. My son is 20 and a full time student. |
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| Kaplan
responds: |
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I'm
going to break your question down into two parts: |
| "How can you find hidden assets in the form of
property or real-estate? Is it do-able?" |
 | In most cases
it can be done. However, don't waste your money on a cut rate computer database
search. Certainly, you will want to access reliable computer
databases for a start. But, that is just the beginning... |
|
 | Let me digress
for a moment to the phrase reliable computer databases. One of the
biggest mistakes lay investigators make is to assume that the words
computerized database = reliable database or even worse, Internet data
= reliable data. |
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 | Professional
investigators, work with these things every day and have the benefit
of informal exchanges between colleagues. Some PIs go so far as to
maintain a "burn list". Any source, including computerized
databases, that makes it to this list, because they provided bad
information, will never be used again. A PI has too much to lose by
dealing casually with data purveyors and information brokers. Often,
PIs will "vet" sources with known information to test the
reliability and accuracy of information that is provided. |
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 | No
public record database is 100% reliable. The reason is simple. It
takes time to input data into the database. For example, if I were
to sell my house today, it could days or even weeks for the database
to show that event. Until that time, the information pertaining to
the ownership of my house, would be wrong. Most databases do not
reveal the age of their data. They want the user to assume that it
is hot off the presses. If you entered a database and a caveat at
the top said, "Caution this database was last brought up to
date 2 years ago.", you might be reluctant to use it, in fact,
you might not use it at all! So they say nothing and use the public
perception that computerized database = reliable database, to market
their sometimes very stale inventory. |
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 | Recently a
lawyer retained us to provide investigative support for a case she
planned to litigate. As part of her briefing to us, she provided
us with a list of five properties in Clark County, Nevada that the
SUBJECT of our investigation owned. During our preliminary work-up
on this case we searched for Clark County real estate owed by our
SUBJECT. We found that there were currently only two parcels owned
by SUBJECT rather than the five she told us about. The other three
had at one time been owned by our SUBJECT, but had been sold more
than two years ago. We compared notes. We knew at we had gotten
our data directly from the Clark County Assessor, with whose
database we were "on-line". Our lawyer friend maintained
that she too was on-line with the Clark County Assessor. On closer
examination, she noted that she got "on-line" through a
widely used, highly regarded data gateway called Westlaw. So
although she was on-line with Westlaw, she was not really on-line
with the current Clark County Assessor database. Although she
believed she was accessing the best available data, at least a
part of what she had accessed was over two years old! |
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 | Even
government owned public computer database records are subject to
gross errors. We know of one State of Nevada database of over one
million records that had the "city" spelled wrong more
than 18% of the time! That means that the odds were almost one in
five that you would get a wrong answer if you happened to use the
name of the city in your search criteria! |
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 | The moral of
the story is to use computerized databases, but use them with caution
and try not to put complete reliance in them. |
|
 | Getting back
to your search for real estate related assets... Obviously, he can
hold real estate in all sorts of different names and in any county in
the country. That equates to a lot of preliminary searching and
screening using computerized databases. |
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 | What you
really want to determine is his equity and any beneficial interest
that he might have in real estate. (If he is named as the
Beneficiary on a Deed of Trust or Mortgage, that could be worth real
money, even though he owns no real estate!) |
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 | Learning
that he owns a piece of real estate worth $10 million does you no
good if that property is mortgaged up to the hilt and he has no
equity in it. |
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 | Let's look
at one possible scenario. He owns a piece of real estate in his
own name, but he has no equity in it because it is mortgaged. That
could be a legitimate mortgage or it could be a subterfuge to make
the court think that he has no assets. It is the type of
investigative problem that requires a trip to the Recorder's
Office or Clerks Office where the property is located, by a PI who
knows and understands real estate documents -- many do not. |
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 | Just
because your PI is a retired detective from the local police
department is no guarantee that he or she is qualified to run
the search you need. Since real estate records are at the heart
of your search, getting the right PI is critical. For a nominal
fee, we will assist you in the screening process. |
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| You said something else that has me intrigued: |
|
"He
runs the business and works there full time. He brags to people in our
religious community of his prosperity. He lies and tells the court that he
hurt his back and cannot work - he is disabled." |
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 | It seems to me
that one thing that has to be done is to expose his lies about not
being able to work. I would give this top priority over any asset
search. I suspect that you may not
have a lawyer, because I find it unimaginable that a competent
attorney would not want to retain a PI and provide the court with
proof that your ex is working full time and making money doing it! If
you have a lawyer, talk with him or her about this. If you have tried
to "save money" and represent yourself, you may already have
done irreparable damage, but talk to a lawyer and find out. |
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| Question: I am divorced and paying child support.
Although my daughter has reached the age of majority, I am still paying
child support based on her being a full time student. According though the
state where I was divorced, if she is a full time student, I need to
continue child support until age 22. I have contacted the state to ask
them to verify if she is a student but they don't seem to care. Should I
contact an attorney or an investigator to locate my daughter and determine
whether or not she is a student? Thank you. |
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| Kaplan
responds: |
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 |
That's an easy one. You need
to gather information -- you need to retain an investigator. Then,
after you have the facts, you can determine if you need a lawyer. From
what you describe, if you find your daughter to be a full time
student, you would be wasting money hiring a lawyer to try to get out
of making those payments. Further, I suspect that under those
circumstances, you, as a caring parent, would not want to shirk your
duty to your child. I also understand that you, like most of us,
doesn't want to be scammed and that that is the basis of your concern.
As I say -- retain an investigator and get the facts. See also An exception to the
rule.
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I said that this is an easy
call, yet you are not alone in being unsure of the correct person to
go to in such cases. Many lawyers are confused about this. The better
lawyers understand that investigation is a discipline unto itself. It
is a discipline requiring expertise and personal traits not possessed
by everyone - certainly not by many lawyers. (I could take that one
step further by saying that some who hold themselves out to be
investigators do not possess the expertise and personal qualities
necessary to conduct investigations. Let me save that for another
time.)
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Small wonder that there is
this blurring of the lines between the job of an investigator and the
job of a lawyer. One has only to turn on the TV and watch
"JAG" to be misled into believing that attorneys, members of
the Judge Advocates Generals Office in the United States Navy,
routinely conduct all manner of investigation. I was never in the
Navy, but as a Special Agent with the US Air Force Office of Special
Investigations, I had significant contact with Navy investigators. In
my experience such investigations as are depicted on "JAG"
as being conducted by lawyers, were in fact conducted by highly
trained professional investigators assigned to NISO, the Naval
Investigative Services Office. If that has changed since my day, I
would appreciate it if somebody would advise me.
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 |
On the issue of lawyers
conducting investigations, Marshall Fouts, a lawyer and a member of
Earl Stanley Gardner's "Court of Last Resort", in his
classic book, "Evidence to Proof", noted that many lawyers
are ill suited to conduct investigations because they are not able to
separate "admissibility" from "probative value".
Such a discussion can become highly technical and beyond the scope of
my comments here. Suffice to say, it is my belief that when it comes
to investigation, the thinking of lawyers can be limited by the very
talents that make them good lawyers. The good lawyers recognize this
and turn to investigators for assistance. The not so good lawyers try
to do it themselves or have their secretary or paralegal do it. The
most charitable thing I can say about such lawyers is that they
know-not and know-not that they know-not -- they are stupid, shun
them!
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| Question: I am a 24 year old female. I was
adopted at birth. My adoptive parents have steadfastly refused to tell me
anything about my birth parents. They say that they know nothing, but I'm
not sure I believe them. Regardless, I feel that I must try to locate my
birth-parents. I know the hospital where I was born and my date of birth,
but nothing more. I have a good job, but money does not come easily. How
much would it cost to locate my birth-mother or birth-father? |
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| Kaplan
Responds: |
 | You only
ask one question, "How much would it cost to locate my
birth-mother or birth-father?" I believe that you should be
asking a second question, "Should I undertake this search at
all?" There are things that suggest you should try to forget it
and walk away from the who idea! The following are the types of
questions you should be asking yourself. |
|
 | Are my
adoptive parents jealous or are they trying to protect me? |
|
 | Is going on
this quest going to damage my relationship with my adoptive parents? |
|
 | Regardless
of your adoptive parent's knowledge or motivation, your birth
parents are a complete unknown. What if you find your birth mother
and learn that she is a drug addict and a broken down prostitute?
After you say "Hello!" and "All is forgiven!"
What do you say, "How's tricks?"? What if you find your
birth-father and learn that he is an habitual criminal who is
doing 15 years for armed robbery of a convenience store. What do
you have in common with him, your exciting visits to 7-11 stores? |
|
 | What if
your birth parents are good, decent, people who have built a whole
new life since you were born -- people with children and
grandchildren. Do you have a right to impose a new parameter on
their family structure? Do you really expect them to be overjoyed
to be reunited with you? Perhaps, but what if they make it clear
that they want no part of you? How will that make you feel? |
|
 | I hope I have
made it clear that you are about to embark on on a dangerous journey
that could end up hurting a lot of people -- including yourself. I
know that it may not be possible, but you should keep trying to bring
your adoptive parents on board. You owe them every consideration
-- particularly honesty and openness. They may not favor the idea, but
at least you are not being a sneak. |
|
 | Several years
ago an adoptive-father retained us to find the birth-father who
deserted my client's 30 year old adopted daughter at birth. The
daughter had asked my client to do that for her. It was a very
difficult locate and from the outset everybody knew it would be
"close to impossible". In due course we found the missing
birth-father. Elated, I phoned my client to give him the good
news. Much to my surprise, he treated the news with dismay. He said
that he did not want the birth-father found! He hired us because his
daughter asked him to hire a PI. He knew that that this was a very
difficult locate and hoped that we would fail! He explained that when
his daughter asked for this favor, he hoped to put the issue to bed
forever, by making a good faith effort. On the verge of tears,
he said that he was always very close to his daughter, but was deeply
hurt by her search for her birth-father, a worthless individual who
did nothing for his wife and child for 30 years. I don't know if he
ever gave his daughter the "good news". Either way, his
relationship with his daughter was forever changed. |
|
 | I
haven't forgotten your question, "How much would
it cost to locate my birth-mother or birth-father?" |
|
 | That kind of
question must always be answered in the context of what we know in
the situation at hand. In this case, the prognosis for success is
very poor! You know where and when you were born, but that's all.
You believe that if you (or your PI) could get into the archives of
the hospital or the doctor who signed the birth certificate, you
would be well on the road to accomplishing the mission. You are
probably right, but you would still be a long way from reaching your
goal. Depending on the PIs sources, launching a search of the
archives could cost a fortune. |
|
 | Let's assume
you make it to that level. Now what do you look for? Remember, 24
years ago computerization was not as wide spread as it is today. So
now you have to search a microfilm index of every patient that was
in that hospital the year you were born. The problem is that such
indices are almost always alphabetic. Since you do not have your
birth-mother's last name and the indexing would not be by date, you
will probably have to search the entire year and note each birth,
both male and female. Before you could eliminate the males that were
born you would have to check each record. That would not be any
extra effort because you have to check each record to identify the
mother of every female born the same day as you. Whether you find 2
or 50, you have to copy down every available bit of
information on each mother that gave birth that day. |
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 | Your
continuing task now becomes one of eliminating names from the list
you prepared. This has to be done with extreme care, lest you toss
out the record of your birth. This alone could take weeks or months
of expensive and time-consuming investigation. Assuming you have
done everything right and have not literally thrown out the baby
with the bath-water, you eventually have a "short list"
that includes the name you are searching for. Only now, does your
search for your birth-mother really begin. We all know that women
get married and that names change, but depending upon how much data
you were able to glean from your birth-mother's hospital
records (home addresses, social security number, date of birth, next
of kin, etc.) your chances of success have improved radically.
However, even now, you are faced with the very expensive prospect of
having to locate and "check-out" every mother on your
"short list". The cost of each of those searches could
vary greatly depending on the birth-mother's name. If it is
something like "Viara Vichigunov", you are not in bad
shape, if it is a more common name, like, "Kim Smith", you
are looking at a lot more expense! |
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 | The foregoing
was not meant to be a blueprint or formula for conducting such
investigations. I was merely trying to illustrate that in the real
world, hiring a PI knowing only a date and place of birth, would in
most cases, be a very, very expensive way to go. |
|
 | Now, I am going to do the unthinkable,
I'm going to suggest you
leap-frog 90% of the investigation set forth above and get past
the "short list" and all that preceded it. How do you do
that? You hire a lawyer rather than a PI! Now, that is not just any
lawyer. You are looking for a practitioner skilled in family and
adoption law, who has
a proven track record in the jurisdiction where you were born, of
getting the courts to unseal adoption records. Once you get that
record, you are probably going to need a PI to locate your
birth-mother. Starting at that point, lets ask your question again,
"How much would it cost to locate my birth-mother or
birth-father?" Go to our list of
attorneys. |
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 | We
would give you a written contract which would guarantee to
locate either the birth-mother or the birth-father within an agreed
upon time, or refund every penny of your $500! Go to our contingency locate
contract. |
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| Question: Me and
my husband purchased our dream home and 13 acres of land in Rome. We
had our home moved to the property, which was equipped with power,
telephone, septic and two (2) wells. Come to find out both wells were dry,
when we were told they were both functional. The mortgage company had
another well drilled but there was not enough water there to supply our
Two Thousand Two Hundred (2,200) square feet home. First the well driller
told us if we wanted to back out now was the time to do it, that he would
load up his equipment, cut our loses, cover our tracks and throw a huge
pine tree in the hole. But now after three (3) weeks later he is wanting
his money and we had witnesses there to this man saying this.We were
misled by the seller of this property. The main reason that we bought this
property was due to the fact that it was equipped with all these utilites.
But now we have a new home and thirteen acres of land that we can not live
in due to we do not have any water. What are our rights due to this? Are
we still resposible for our mortgage payment? Are we resposible to pay
this well driller when the deal was between the mortgage company and the
well driller? We did not sign the papers that was needed to be signed to
pay this well driller for us to go deeper in debt for Thirteen Thousand
Five Hundred Dollars ($13,500.00) more. Because the mortgage company
restructered our loan but we did not re-sign all the paper work for this
restructin of the loan. The mortgage company says the only way for us to
get out of this deal is for them to forclose on us. So they want to ruin
our credit for something that is not our fault. Please advise me on what
we need to do. Desperately needing your advice. |
| Kaplan
responds: |
 | I'm sorry to hear about the horrible situation in
which you find yourself. You really need a lawyer. We are private
investigators. We are experts in investigation, but are not licensed
or qualified in law and never give legal advise.
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 | If I were you I would find a local attorney skilled
in real estate law. That might not be too easy, because mortgage
companies like to hire all the local real estate lawyers so that those
who know real estate would have a conflict and not be able to
represent people like you who might end up having to sue the mortgage
company. I said it would not be easy, but it would certainly not be
impossible. I would start with the Martindale Hubble directory of
Attorneys in the public library or better yet, on the internet. You
will find a link to it on my web site. http://www.LasVegasPI.com
It is easy to use. You may need a local investigator later. Let
your lawyer tell you if that is the case.
|
 | I can visualize how under certain circumstances a
good lawyer could turn this around for you. The most important thing
here is for you pay for a lawyer and expect results. Stop trying to do
this for nothing! If you needed brain surgery, you would not operate
on your own head nor would you want your relatives, friends and
neighbors to start cutting holes in your head! This works the same
way. You have a serious and complicated problem. You need an expert.
Get one -- and be prepared to pay for it. And remember, not all
lawyers specialize in real estate law. So don't hire a guy who
specializes in criminal defense or divorces or personal injuries.
Although he may do other types of work, the lawyer you hire must be
very experienced in real estate law.
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 | Nobody ever said that it was going to be easy! Good
Luck! |
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| Call Us at 702-453-4500 for a FREE Consultation
E-Mail - Investigations@LasVegasPI.com |