Yesterday, the U.S. Supreme Court denied a petition for a writ of certoriari filed by the Commonwealth, thus letting stand the order by the First Circuit Court of Appeals freeing client Michael O'Laughlin and affirming his innocence.

Thus ends Michael's nine year odyssey of imprisonment.

Tags: wrongful conviction, criminal defense, private investigator, Michael O'Laughlin

One of the little truths that come to light as you go along in this business is that some lawyers never learn how to take a case to trial. I once sat in a meeting in California with a group of lawyers on joint defense case. Several big names; several big egos (the lawyers, not me). As we began, one lawyer, whose website bragged about extensive experience litigating major civil and white collar criminal cases, looked uncomfortable as the discussion proceeded --which witnesses were being contacted, what impeachment material was developing, etc. It became clear that this lawyer had done little pretrial investigation. He rarely did--the concept of a PI systematically interviewing witnesses was new to him. Rather stunning. The guy was all hat, no cattle.

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.

Tags: lawyers, private investigator, trials, criminal defense

Lindy 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.

Tags: ponzi, fraud, private investigator

The Massachusetts Bar Association hosts a good 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.”

Tags: surveillance, privacy, massachusetts, private investigator

The only illegal downloading case 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.

Tags: piracy, copyright, private investigator

A Hingham 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.

Tags: private investigator, right to privacy

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.

Tags: private investigator, kroll, fraud, USIS

Boston 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.

Tags: stevens, private investigator, prosecution misconduct, criminal defense

We received a note from a grateful client after our due diligence research helped them avoid an investment last year with Westgate Capital Management. The SEC released 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.

Tags: hedge fund, due diligence, private investigator, background checks