Surveillance, Fishing, and Landing Documentation of Fraud

Saturday, November 18, 2006 | 0

By Brad Ballentine

Surveillance investigations have a lot in common with the subject of fishing, beyond the fact that on a warm day they can both be a sweaty and smelly business. They both involve sitting and waiting for something to happen. For the fisherman, the waiting can be part of the enjoyment. With surveillance, the waiting is merely an expensive use of time.

There are other similarities. The fisherman who wants a big catch will do as much preparation as possible, to ensure that his time on the lake is well spent. He will check with the bait shop to see what bait or lures the fish have been biting on. He will check with the other fisherman at the lake to see when the fish have been most active, and where the best spots have been. He may even check the fishing section in the sports page of his local newspaper. Thus, he will then be able to make the most advantageous use of his time once he finally gets out on the water.

Similarly, the surveillance investigator who gets the best results most consistently is the one who does as much preparatory work as possible, before he goes out to "land his fish," so to speak.

Internet Age

There are a lot of modern tools that have changed the way we do things. Going back to our fisherman analogy, how many fisherman of a generation ago would have thought that today's fisherman would have their own personal sonar scopes that would allow them to see every fish in the lake? The Internet has similarly made investigations work unrecognizable from only a decade ago. Here are some examples of cases we have handled where doing some preparatory investigation on the Internet made all the difference in our investigation:

As we all know, it is very desirable to have a photograph of the subject being investigated. More than once, we have found personal Web sites where the person had a photo of themselves posted on it. What could be easier than that?

One time, we found a subject's Web site which featured the fact that the person was a bicycle racer and belonged to a bicycle-racing club. A visit to that bicycle-racing club's Web site gave a list of their upcoming races, and we were there at the next race with our cameras, and got all the film we needed.

On another case, we had checked with the subject's employer, and learned that the subject liked to play soccer on the weekends. Rather than just go out the next weekend and chance to luck as to whether he was going to play, we did our homework. The investigator used the Internet to search for all sporting goods stores near where the subject lived. He then called them to see what organized soccer teams or activities existed in that neighborhood. We learned of a soccer club that was very active. We went onto their Web site and saw their roster of players. The subject of our investigation was on the list. By the time we went out to do the surveillance, we already knew the time and place where the subject was expected to be active. He obliged us, and we got the film.

One fellow had entered a contest. He and the other finalists were then flown to New York to be on a TV show. We found out about this through a basic Internet search on the person's name. Our New York office was able to get a lot of good film on his activities, because they knew right where he would be.

It turned out, in one case, that a woman who was alleging total disability was actually running a massage therapy business on the side. How did we know? We saw her Web site advertising those services.

There was a fellow who said that he was disabled and couldn't work. He was an aspiring rock musician. He had his own band, which had its own Web site. It even gave the dates of their upcoming performances. We were there at the next performance, with our cameras. Not only did he give a lively and very physical performance, he helped haul away the amplifiers and other heavy equipment at the end of the evening.

The Internet is also good for verifying addresses and phone numbers, getting aerial maps of the surveillance location (to check out the area without leaving the office), finding any newspaper articles online from the local newspaper that may involve the subject, and all sorts of other uses.

Database Searches -- Worth the Expense

Aside from the free variety of Internet searches, there are the ones that cost a little money. There are information vendors that have online database searches for a fee. Some insurance carriers balk at the additional expense involved in conducting such searches, but they save on surveillance time in the long run. Through such database searches, you can check what vehicles the subject owns, whether they have a fictitious business license, whether they are involved in other lawsuits (such as a personal injury claim for a different matter), whether they have been in any auto accidents, and all sorts of information that may help predict their activities, or tell you what vehicles you may expect to see them driving.

One common type of search is to run an address history of someone. More than once, we found a more current address for the subject than what we were given at the start of the case by using this search. One time, through such searches, we found that the subject of our investigation was maintaining two separate addresses at the same time. Let's just say that insurance fraud wasn't the only deception going on in his life.

Activity Checks

Almost everyone has heard the term "activity checks," but I continue to be surprised at the different ideas people have as to exactly what an "activity check" is. Many times a client will call us up and request an "activity check," and I have learned that it is best to clarify with them what they mean by the use of that term. For some people, it means a canvass of the subject's neighbors. For other people, it also includes making discreet phone calls or visits to the subject himself. And for others, it means doing some surveillance, only "not as long as a regular surveillance."

We have found that the most effective approach in doing activities checks is to first complete the limited background investigation as we have just described. Often, that background work will provide ideas for the activities check. There's no "one size fits all" to this.

For instance, with the massage therapist who had her own Web site, it was an easy matter to call and inquire about her services and hours of operation. In general, a good method is to pay an early morning visit to the subject's residence to arrive in time to catch them if they might be going to work, or going out to pick up their morning newspaper.

This also gives the investigator the opportunity to assess the surveillance potential of the location. Not everyone lives in a single-dwelling house facing the street. A situation like a security apartment complex poses an entirely different challenge to the surveillance investigator. (One time, the subject lived where the only access to their residence was by pedestrians. We had one investigator going around the block "jogging" while another walked a dog around the block. I had to lend my dog for that duty -- he really earned his kibble that day).

Another useful tool in doing the activities check is the neighborhood canvass. This usually consists of interviewing the neighbors to see what the subject is up to. It often includes knocking on the subject's own door. This would depend upon the client's wishes in this matter, as well as the individual circumstance of that case. The trick is to get as much information as possible, without the neighbors or the subject having suspicions. Any good investigator has his or her favorite trade secrets in this regard.

I am once again reminded of another time my dog helped us out. We had a female investigator check around the neighborhood to see if anyone knew about the cute little "lost dog" she saw running around loose. My dog, "Buster," charmed his way into everyone's hearts, and soon our investigator was "best friends" with the subject, and knew the location of the gym where she was working out, and the club where she liked to go dancing.

A good activity check can make all the difference in directing the investigator to the most likely times and places where the subject is likely to be seen.

Conclusion

To get the most out of surveillance investigations, make sure that your investigators do all the preparation they need before they start the surveillance. Otherwise, you'll get too many reports from them about the "one that got away."

Brad Ballentine is SIU Director for DMA Claims Services.

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