The Last Detective - Nardizzi Inc.

John Nardizzi presented at WAD 94th Annual Conference Stockholm Sweden

John Nardizzi spoke about wrongful convictions at the World Association of Detectives 94th Annual Conference in Stockholm, Sweden. Headcount of raucous crowd shows Mr. Nardizzi outdrew ABBA tribute band.

"
Breaking up is never easy, I know, But I have to go
Knowing me, knowing you It's the best I can do…"

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It is over: No retrial for client in Lowell blaze

Client Victor Rosario, who spent over three decades years in prison before convictions for arson and eight counts of murder were overturned, will not be retried according to the District Attorney Marian Ryan. Superior Court Judge Kathe Tuttman overturned Rosario's convictions in 2014, based partly on new forensic science cast doubt on whether the fire was actually arson as well as other factors in our re-investigation of the case.

Mr. Rosario is now married and works as a minister in Dorchester.

Investigation underway in Navajo Nation Toxic Spill

Last month, the Navajo Nation demanded the federal government pay $162 million to cover damages caused by the Gold King Mine spill. Citing the Federal Tort Claims Act, the nation said the toxic spill turned the San Juan River sickly orange color and continues to disrupt ranchers and farmers in the Native American nation. The toxic spill is believed to contain heavy metals, including arsenic, mercury and lead.

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Private investigators are often called upon in these cases to document the damages via extensive witness interviews as well as determine causation. Environmental cases are massive undertakings, with fact-gathering requiring the identification of witnesses at multiple properties over the course of decades. The spill is just the latest affront to the burgeoning Native American environmental movement.

“The spill disrupted the Navajo Nation’s economy and damaged the people and environment in numerous ways,” the nation said in the claim letter. “It fundamentally altered economic, cultural, ceremonial and spiritual practices that support the Navajo way of life.”

The EPA allegedly had documented signs of trouble for many years, but did nothing to prevent the blowout.

Privacy, surveillance & civil litigation: a Massachusetts guide for private investigators

The Massachusetts Bar Association hosts a good summary of privacy laws as they apply to video surveillance in Massachusetts civil litigation, including insurance cases. 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.”

Written by lawyers Joseph M. Desmond & David Viens, this article has some good information on Massachusetts state laws applicable to video surveillance, audio recordings, pretext interviews and pretrial discovery.

Privacy, surveillance & civil litigation: a Massachusetts guide for private investigators

The Massachusetts Bar Association hosts a good summary of privacy laws as they apply to video surveillance in Massachusetts civil litigation, including insurance cases. 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.”

Written by lawyers Joseph M. Desmond & David Viens, this article has some good information on Massachusetts state laws applicable to video surveillance, audio recordings, pretext interviews and pretrial discovery.

Due diligence pays for Nardizzi client


In the wake of repeated news of SEC investigations of hedge fund and investment management firms, an investment bank credited an early-stage due diligence report by investigative firm Nardizzi & Assoc. for saving clients from multi-million dollar fraud losses.

The Securities and Exchange Commission charged a Pearl River, N.Y., investment management firm Westgate Capital Management, LLC and its managing member, James M. Nicholson with operating a large-scale scheme that defrauded hundreds of investors of millions of dollars. The SEC alleges that Westgate solicited investors with false claims of an almost unbroken eight-year string of monthly investment successes.

In the fall of 2007, a New York investment bank had retained Nardizzi & Assoc. to investigate links between Nicholson, Westgate, and other individuals. The report issued by Nardizzi swayed the investment bank away from investing with Nicholson.

The arrest of Nicholson made waves in tony Palm Beach as well, as reported in the Palm Beach Daily News:

“The vigilance of Madoff-wary investors has helped bring about the arrest of another part-time Palm Beach resident, the manager of an unregistered hedge fund accused of swindling an estimated $900 million from clients since 2004.

The FBI on Wednesday arrested James M. Nicholson, 42, owner of a penthouse in the Dunster House condominium complex, on charges of securities fraud and bank fraud. Also on Wednesday, the Securities and Exchange Commission filed a federal complaint against Nicholson and his company, Westgate Capital Management LLC of Pearl River, N.Y., seeking relief for the fraud and an injunction to stop it.

A telephone call to Nicholson's primary residence in Saddle River, N.J., was not returned by press time. A telephone line listed for Nicholson's multi-million dollar Dunster House penthouse was disconnected.”

The investigation into Nicholson began when Westgate investors reacted to alleged Ponzi mastermind Bernard Madoff's $50 billion scheme. When they began to redeem their own investments in different Westgate hedge funds, nearly $5 million in checks bounced.

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.