Written by Oliver J T Laurence – Director of OJT Investigations Group

The completion of a 14-week covert surveillance operation comes to a close for my team at OJT Investigations Group, exhausted from round the clock investigations, and relieved that we had resolved at multimillion dollar international extortion attempt, I sit brooding, that some 14-weeks prior, my knowledge of Bitcoin was minimal, little did I know I would become almost an expert by the conclusion of the operation.

Our Crisis Management Team at OJT Investigations Group were faced with a complex situation. Overnight we were requested to stand up surveillance and commence what would be one of the largest extortion investigations for some time in Australia in the private sector. And OJT Investigations Group was the leading Australian investigation company.

Personal information of our client had got into the wrong hands, and those ‘grubby’ hands had quickly identified the value behind the content, those thoughts had led our perpetrators to form a plan on how they would make a quick buck from it. All the time whilst remaining hidden behind the click of a mouse, the dark web and a commonly used App, WhatsApp to communicate their demands to our client.

We immediately advised our client not to pay the sum of 7.5 million USD which had been demanded in Bitcoin. We delayed these demands through the use of highly trained negotiators who formed part of our OJT Investigations Group Crisis Management Team. We were prepared for every eventuality and showed respect to a demander/s but did not bow to their every request.

We quickly got to work bringing our team together to manage this situation. We formed a team which spanned three continents, trained negotiators, banking experts, investigators and I.T experts to name just a few. This was an operation like no other, and needed nothing less than true professionals in their field of expertise. Proudly led by me, Oliver Laurence the Managing Director and Founder of OJT Investigations Group and my Asian Partners.

After only a week! we had positively identified our offender and began profiling this person to gather an understanding of who they were, and answering some of our most important early investigative questions; were they a sole operator? Or part of a larger beast of greedy opportunistic thieves, what was the motive behind their actions? And what did we need to do to stop them?

A surveillance team was stood up on round the clock observations, a feat in itself, with the potential of being identified or spotted very high. At the height of this investigation, we had four suspects under round the clock surveillance, their every move monitored and reported back….. a monumental effort, but one we were up to the task of.

Over the course of the 14 weeks, our Crisis Management Team at OJT Investigations Group had gathered enough evidence to prove beyond reasonable doubt that our offender was a sole operator, that they had left a trail of bread crumbs for us to follow and put together to ensure we were satisfied, that if we needed to, we could approach law enforcement and make a c criminal complaint.

This was no professional, quite the contrary, they were sloppy, they were brazened and they had no idea as to the ramifications of their actions should one be charged with such an offence of extortion in Queensland. However, for these very reasons we were concerned we were dealing with someone potentially who was very vulnerable and could disperse our client’s property at the click of a mouse to the world should we startle him or make him angry.

Failure was not an option, so as with any investigation our Crisis Management Team carry out we treated this person with respect non-the less and ensured that every action we carried out was risk managed and assessed.

Our team at OJT Investigations Group was amazed that someone with such little criminal profile and computing knowledge could carry out such a brazen crime as this…… From the overwhelming admissible evidence and intelligence that we had collated over the 14-week period, we were satisfied that a private intervention (approach) was a risk, but would work, and that once our subject was shown the overwhelming evidence against them they would fold very quickly to submission and hand back what was rightly not theirs to own.

Our Crisis Management Team at OJT Investigations Group spent three days planning this intervention, surrounded by legal experts and trained negotiators, we were equipped with the tools to make this happen and ensure success was the only outcome. I was asked by the client if I would execute this intervention for them, with the knowledge of the investigation and the trust we had built up, it was only right that I be the one to bear such a responsibility.

We had advised law enforcement of our intentions to manage this incident privately and that our risk assessment of the individual was such that we believed there was no risk to me or the OJT Investigations Group team going in to engage in dialog with our subject. They were satisfied and poised to act on any formal complaint that we might need to make should our intervention fail.

The planning was done, our game day had arrived, and was a huge success, not only had we recovered our client’s personal property, we had formally interviewed our subject, who made full and frank admissions and was, as we thought, extremely apologetic for his actions. Our interviews with the subject were at his request, he wanted to offload the pressures of the past 14-weeks.

A desperate young man, looking for a quick way to support his family, it was hard not to feel sorry for him, he had lived a troubled life, and was failing at every path he was taking to fulfil his life. This is no defence to an act of this kind, but as human beings we can certainly show empathy, and that we did. The sheer magnitude of the situation overwhelmed our subject who was clearly very remorseful and relieved that the ordeal and pressure of such demands was over.

In our post operation de briefs, our Crisis Management Team identified that although we had retrieved the client’s personal property, thwarted a 7.5-million-dollar extortion and met our objectives 110% in protecting the client’s identification, our subject needed to be supported, rehabilitated and shown that success in life was possible, he just needed some guidance and support. We set out on another mission, to clean this young man up, to get his mind on track and to get him in a routine which would make his life healthy again. Over the coming weeks, the team at OJT Investigations Group found this young man a job, got him in the gym and in a healthy frame of mind and feeling good about his future.

Not only was this young man very lucky not to be charged with a 14-year imprisonment offence, but he was truly grateful for the second chance in life, a chance we know deep down that he will grasp with both hands and run with.

At OJT Investigations Group our team of investigative professionals has seen the worst in people, and the best, foremost, we ensure that we achieve our client’s expectations, however, at the same time ensuring that we show a duty of care to all involved.

The evolution of the crypto currency has allowed criminal dreamers to attempt the crimes of a life time with the click of a mouse and the push of a send button on a WhatsApp application, if you find yourself in this position, with someone demanding money for the return of an item, I have 5 points of guidance in managing such a situation;

1. Don’t ever pay the demand.
2. Don’t panic, and try not to engage in communication, blackmailers will pull at the emotion and trauma they’ve placed you in hoping for a quick payment. Paying the demand amount could only trigger them to make another demand and so on above what they had originally asked for
3. Call Me!!! At OJT Investigations Group we have the best team in the world to deal with this situation and a proven track record of success in large extortion matters.
4. Don’t call because you’re embarrassed by your situation, at OJT Investigations Group, we will support you and your family throughout this ordeal. We will get through it together as a team and protect you from any threats. If there is a need to increase protection for you and your family, we will assess this as the operation progresses.
5. Ensure everyone you do business with is properly vetted, those that come into your personal world can become jealous, don’t give them the keys to ‘your’ city.

By police reporter Jessica Kidd
Updated 7 Feb 2017, 7:19pm

PHOTO: The BGI Security’s website says Adrian Gard was the security manager for the Olympic Stadium. (Supplied: BGI Security website)
RELATED STORY: Listening device found in All Blacks’ hotel room
RELATED STORY: Wallabies have no betting syndicate fears after All Blacks hotel room bugged
MAP: Sydney 2000

The device — described as similar to that used by law enforcement and spy agencies — was found inside a chair during a routine security search of the team’s meeting room at the Intercontinental Hotel at Double Bay ahead of a Bledisloe Cup match against Australia last year.
Adrian Gard, 51, is understood to be a consultant for BGI Security which was contracted by the All Blacks during their Bledisloe Cup campaign.

PHOTO: The listening device was found during a routine sweep of the All Black’s hotel room. (AAP Image: David Moir)

He has been charged with public mischief over the bugging incident.

Australian Rugby Union (ARU) chief executive Bill Pulver said the Wallabies and the ARU had never been accused of wrongdoing and commended the NSW Police for pursuing the matter.

“The aspect that still leaves a bitter taste out of this whole affair is that the discovery of the device was reported publicly on game day, when it is understood that the alleged discovery of the device occurred much earlier in the week leading up to the Test match,” he said.

“Clearly the media attention which resulted from it was a distraction that neither team needed on the morning of a very important Test match.”

The All Blacks dismantled the Wallabies 42-8, just 12 hours after the details of the listening device emerged.

The world champions scored six tries, recording their biggest win over the Wallabies on Australian soil in 113 years.

In a statement, All Blacks head coach Steve Hansen said the charge was “very hard to understand”.

“Frankly, the charge seems bizarre and unbelievable,” Hansen said.

“The charged man has worked for the All Blacks, and many other organisations, for a long time and is someone who is trusted and well-respected by us.”

Hansen said it would not be proper to comment further as the case was before the courts.

BGI Security’s website advertises its relationship with the All Blacks and a variety of celebrities including Oprah Winfrey, Hugh Jackman, Mick Jagger, the Olsen twins and many more.

Gard is listed as an operations employee with a quote:

“We build mutually beneficial partnerships with our clients, continually seeking the best for them and ourselves through innovation and excellence.”

The site says Gard has 31 years’ experience in security and used to be the security manager for the Olympic Stadium in Sydney.

The ABC contacted Ashley Gard, director of BGI Security (Secure Gard Pty Ltd) and he refused to comment.

Electronic Eavesdropping Detection Sweeps is otherwise referred to as:

1. Technical Surveillance Countermeasures
2. Electronic Countermeasures
3. Debugging sweeps
4. Electronic sweeps

Whatever you call it, electronic eavesdropping has never been more accessible to the general public. Bug and eavesdropping devices can be placed in computers, telephone, furnishings, false ceilings and several other places and they may be compromising your privacy at work, home or inside your vehicle. We are fully equipped and experienced and have everything we need in-house; we never use sub-contractors and only use equipment manufactured by the world’s leading companies.

Being a former FBI Agent and Former Police Officer, I have conducted several electronic eavesdropping detection office sweeps.  I have located several devices and I have worked with law enforcement to assist in prosecuting these cases.  I believe that approximately 16% of the time we conduct these investigations we locate some type of listening device.

I have conducted electronic eavesdropping detection office sweeps for Corporate, County, and State Government facilities.

I have also conducted electronic eavesdropping detection office sweeps on residences, phones and vehicles.  Due to the high-tech equipment involved these are very expensive investigations, but they are well worth the money in any highly competitive business or personal relationship.

1. Others know your confidential business or professional trade secrets. This is the most common indicator of covert eavesdropping activities. Theft of confidential information is a multi-billion-dollar underground industry in the United States. Often the loss of your secrets will show up in very subtle ways. Always trust your instincts in this matter.
2. Secret meetings and bids seem to be less than secret.  Confidential meetings and bids are very popular targets for corporate spies. How would you like the plans for the corporate takeovers you’re planning to become public knowledge? Would copies of your product designs be of any use to your competitors?
3. People seem to know your activities when they shouldn’t.
4. You have noticed strange sounds or volume changes on your phone lines. Commonly caused by an amateur eavesdropper when they attach the actual wiretap, or similar listening device. Surveillance devices often cause slight anomalies on the telephone line such a volume shift or dropout.
5. You have noticed static, popping, or scratching on your phone lines. This is caused by the capacitive discharge that occurs when two conductors are connected together (such as a bug or wiretap on a phone line). This is also a sign that an amateur eavesdropper or poorly trained spy is playing with your phone lines.
6. You can hear sounds coming from your phone handset when it’s hung up. Typically caused by a hook switch bypass, which turns the telephone receiver into an eavesdropping microphone (and also a speaker). There is probably somebody listening to everything you say or do within twenty feet of the telephone (if this is happening).
7. Your phone often rings and nobody is there, or a very faint tone or high-pitched squeal/beep is heard. This is a key indicator of a slave device, or line extender being used on your phone line. This is also a key indicator of a harmonica bug, or infinity transmitter being used. Of course, it may also be nothing more than a fax machine or modem calling the wrong number.
8. Your AM/FM radio has suddenly developed strange interference. Many amateur eavesdropping devices use frequencies within the FM radio band; these signals tend to “quiet” an FM radio in the vicinity of the bug. Look for the transmissions at far ends of the FM radio band, and at any quiet area within the FM band. If the radio begins to squeal then slowly move it around the room until the sound become very high pitched to locate the bug (this is referred to as feedback detection or loop detection and will often locate the bug). The “Stereo” function should be turned off so the radio is operating in “Mono” as this will provide a serious increase in sensitivity. Keep in mind that the antenna your car radio uses may be exploited by an eavesdropper and that such usage may interfere with radio reception.
9. Your television has suddenly developed strange interference. Television broadcast frequencies are often used to cloak an eavesdropping signal, but such a device also tends to interfere with television reception (usually a UHF channel). Televisions also “suck in” a lot of RF energy and because of this, are very sensitive to any nearby transmitters. A small hand-held television with a collapsible antenna may be used to sweep a room. Carefully watch for interference around channel numbers 2, 7, 13, 14, 50-60, and 66-68as these frequencies are very popular with eavesdroppers.
10. You have been the victim of a burglary, but nothing was taken. Professional eavesdroppers often break into a targets home or office, and very rarely leave direct evidence of the break-in; however, occupants of the premises will often “pickup on something not being right” such as the furniture being moved slightly.
11. Electrical wall plates appear to have been moved slightly or “jarred”. One of the most popular locations to hide eavesdropping devices is inside, or behind electrical outlets, switches, and lighting fixtures. This requires that the wall plates be removed. Look for small amounts of debris located on the floor directly below the electrical outlet. Also, watch for slight variations in the colour or appearance of the power outlets and/or light switches as these are often swapped out by an eavesdropper. Also note if any of the screws which hold the wall plate against the wall have been moved from their previous position.
12. A dime-sized discoloration has suddenly appeared on the wall.  A sign would be a pinhole microphone or small video camera has been recently installed.
13. One of your vendors just gave you any type of electronic device such as a desk radio,
14. alarm clock, lamp small TV, boom box, CD player, and so on. Many of these “gifts” are actually trojan horses that contain eavesdropping devices. Be very suspicious of any kind of pen, marker, briefcase, calculator, “post-it” dispenser, power adapter, pager, cell phone, cordless phone, clock, radio, lamp, and so on that is given as a gift. That little “gift” the salesman left for you may be a serious hazard.
15. A small bump of deformation has appeared on the vinyl baseboard Strong indicator that someone may have concealed covert wiring or a microphone imbedded into the adhesive that holds the moulding to the wall.
16. The Smoke Detector, Clock, Lamp, or Exit Sign in your office or home looks slightly crooked, has a small hole in the surface, or has a quasi reflective surface”. These items are very popular concealment for covert eavesdropping devices. Often when these devices are installed at a target location they are rarely installed straight. Also watch out for things like this that “just appear”, or when there is a slight change in their appearance.
17. Certain types of items have “just appeared” in your office of home, but nobody seems to know how they got there. Typical items to watch for and beware of are: Clocks, Exit Signs, Sprinkler Heads, Radios, and Lamps.
18. White dry-wall dust or debris is noticed on the floor next to the wall. A sign that a pinhole microphone or video camera may have been installed nearby. It will appear as if someone has dropped a small amount of powdered sugar either on the floor, or on the wall.
19. Small pieces of ceiling tiles, or “grit” is noticed on the floor, or on the surface area of your desk. Prime indicator that a ceiling tile has been moved around and that someone may have installed a hidden video camera or other eavesdropping device in your office or near your desk. Also watch for cracks in the ceiling tiles and amateur spies always tend to crack or damage acoustical tiles. Note: all of the ceiling tiles in any executive areas should never contain any cracks, nicks, gouges, or stains. Any ceiling tile that becomes damaged (for whatever reason) should immediately be replaced and the cause to the damage documented. In such cases it is also wise to have a TSCM specialist inspect the area around the chipped, broken, or damaged tile to determine if a hostile eavesdropping device may have been introduced.
20. You notice that “Phone Company” trucks and utility workers are spending a lot of time near your home or office doing repair work. If you see the same or similar vehicle more then three times then you have a serious problem (at least according to the U.S. State Department training course on counter surveillance).
21. Telephone, cable, plumbing, or air conditioning repair people show up to do work when no one called them. A very common ruse which eavesdroppers use to get into a facility is to fake a utility outage, and then show up to fix the problem. While they are fixing “the problem” they are also installing eavesdropping devices. Some of the more popular outage involves power, air conditioning, telephone, and even the occasional false fire alarm.
22. Service or delivery trucks are often parked nearby with nobody in them. These vehicles are commonly used as listening posts, be very cautious of any vehicle which hasa ladder or pipe rack on the roof. Also, be wary of any vehicle that has tinted windows, or an area that you cannot see though (like a service van). The listening post vehicle could be any vehicle from a small Geo Tracker, Suburban, Blazer, Trooper, or Cargo Van. Look for any vehicle that could conceal a person in the back or has tinted windows.
23. Your door locks suddenly don’t “feel right”, they suddenly start to get “sticky”, or they completely fail.  Prime evidence that the lock has been picked, manipulated, or bypassed. Always use Biaxial locks with sidebars (such as ASSA or Medeco). Also, only use double-sided deadbolts in all doors. Use good quality window bars on all windows, and a good quality door bar on all doors not used as a primary entry door.
24. Furniture has been moved slightly, and no one knows why. A very popular location for the installation of eavesdropping device is either behind, or inside furniture (couch, chair, lamp, etc.) People who live or work in a targeted area tend to notice when furnishings have been moved even a fraction of an inch. Pay close attention to the imprint which furniture makes on rugs, and the position of lampshades. Also watch the distance between furniture and the wall as eavesdroppers are usually in a hurry and rarely put the furniture back in the right place.
25. Things “seem” to have been rummaged through, but nothing is missing (at least that you noticed). A “less than professional spy” will often rummage through a targets home for hours, but very rarely will they do it in a neat and orderly fashion. The most common “rummaging” targets are the backs of desk drawers, the bottom of file cabinets, closets, and dresser drawers.

Years ago, I figured if the cops arrested someone, they were probably guilty, or they wouldn’t be in jail. I don’t feel that way anymore. How about you? Do you believe in the “innocent until proven guilty” rhetoric?

There’s a law professor at Pace Law School named Rudolph McLaughlin who says, “There’s no blindfold over anyone’s eyes in the criminal justice system.” That, I do believe.

I am not anti-cop by any stretch, but law enforcement and witnesses do make mistakes and do lie in court. Law enforcement personnel believe the evidence does not lie. It can, however, be misinterpreted. I have seen such examples many times in my twenty-plus years of criminal defence investigation.

Can you imagine a system where there are no defence provisions for someone accused of or arrested for a crime? It would be carte blanche for anyone prosecutors wanted to put away.

So, let’s take a look at how a typical case works:

Someone witnesses a crime and calls law enforcement. A patrol officer gets a radio call and heads to the scene. He figures he’s headed to a crime situation. Why else would they need him?

Often, it’s at the discretion of those officers on the scene to determine what happened and who did what. From there, it becomes a series of reports, written and oral, based on those determinations. If detectives get involved, they put together a theory and seek to gather evidence to support it. Maybe they know who is guilty, maybe not. They gather what they believe to be facts about the case. When they have enough to make an arrest, a “suspect” is taken into custody. Detectives may continue to investigate after the arrest in order to bolster their case.

Our laws require that a defendant receive a suitable defence. When defendants cannot afford to hire an attorney, one is provided by either the public defender’s office or a court-appointed private lawyer. If a private attorney is retained by the state, a private investigator may be appointed also by the state if the attorney requests it and a judge approves.

If a defendant does hire an attorney, it is up to that attorney to decide whether an investigator is needed. According to noted defence attorney F. Lee Bailey, an adequate defence cannot be prepared without the assistance of an investigator.

To support that belief, take a look at what has happened by the time a criminal defence investigator does get involved. A team of uniformed police, detectives, laboratory and crime scene investigators, selected witnesses, recorded jail phone conversations, street informants on occasion, and the office of the prosecution attorney have all contributed to the prosecution’s case, which is to be disputed by one attorney and one investigator. And then, only after it has all been written up in reports which support a conviction, does an investigator get involved. It’s an uphill climb.

Case in point (and true story):

A defensive back on one of our state university football teams is arrested for assaulting a female in a campus-town club. He has been identified by the victim, her fiancé, and a friend of the victim. The athletic department suspends him from the team pending an investigation.

A law firm retained by the university takes the case, and without an investigator, advises the athlete to plead guilty to a lesser offense. He refuses, saying he is not guilty and does not want this on his record. The football team dismisses him. He is now on his own to fight this case.

A public defender gets involved, with an investigator on the defence team. The investigator finds other witnesses whom the police have not chosen to visit or have not realized existed. The case goes to trial, and the defendant is found not guilty by a jury. It turns out the female was struck in the eye by her own fiancé’s elbow while scuffling with others in the club. The intoxicated female remembered the football player’s face from being at the club, and the fiancé went along with the story.

The defensive back is now free from the system but has lost his position on the football team and his scholarship. He has suffered the humiliation of  incarceration and assassination by the media. The police and prosecutors made a mistake, and an innocent person paid the price.

Criminal defence investigation is about finding mistakes and holes in the prosecution’s case and uncovering evidence and witnesses which will refute their claims—perhaps even an alibi. It also can involve finding what is called “exculpatory evidence”—evidence which might have helped the defendant, had the prosecution revealed its existence to the defence. If law enforcement interviewed any witnesses who are not on the State’s witness list, a defence investigator should speak to them, for sure. Défense attorneys like to know ahead of time what a witness is going to say in depositions, if possible.

It also helps to visit the scene of the crime, even though it may be weeks later. It helps form a picture and may point to areas which were neglected or not followed up on by the prosecution investigators.

One question which should be asked of law enforcement personnel who were on the scene of an incident is, “At what point did you determine a crime had been committed?” If an officer is headed to a call with a predetermination that a crime is taking place, an arrest is imminent. If not, what fact at the scene changed his mind?

Criminal defence investigators must be good at conversation on all levels. It helps to be pleasant when talking to witnesses. If you need to talk to an illiterate street person or CEO, know the language. We do not interrogate anyone. Sometimes we need to know what a witness might say if asked a particular question by the prosecution. When that situation arises, tell the witness you might sound like you’re not on their side. Assure them that you are, and tell them why you might be asking a possibly unfavourable question.

A criminal case deserves a thorough investigation, and attorneys do not like surprises in the courtroom.

In questioning witnesses or writing reports, use the term accuser rather than victim. The word victim implies someone suffered some sort of negative consequence. “Accuser” indicates possible doubt. And remember, if your case goes to trial, reasonable doubt is what you and the attorney hope to establish.

I have encountered three different attitudes in attorneys handling criminal cases. Some want to believe their client is innocent in order to get an acquittal. Others believe their client is guilty of something but perhaps not exactly what they’re charged with. Some don’t care either way. They are just concerned with whether the prosecution can prove its case.

Empathy can help, but in all cases stay away from personal or emotional connections with witnesses and defendants. Focus on facts.

It’s been my experience that prosecutors will charge a defendant with the most severe offense they can based on their information. I believe that is for plea bargaining purposes. Less than five percent of criminal cases in our state ever go to trial.

Reinforcement of my beliefs in criminal defence are demonstrated by facts and figures produced by the Innocence Project. Over 300 inmates in prison for serious crimes have been exonerated by new evidence, which for whatever reason was not presented at trial. Seventy-five percent of them were convicted on eyewitness testimony.

Innocence Project believes 1.5% to 5% of inmates in U.S. prisons are not guilty of the crime for which they are incarcerated. That’s a lot of “proven guilty” individuals.

Your job is to take care of your defendant and your attorney the best way you know how.

The World Association of Detectives is the longest established and largest global organisation of its kind, promoting and maintain the highest ethical practices among private investigators.

It’s origins stretch back to 1925 and the WAD has been leading the way for so long because of the trust built among its members and consequently to those outside the organisation.

A real strength of the Association is not only to share best practice and cooperation but also to allow members to build up trusted professional relationships, enabling them to create a network of contacts in many countries.

OJT Investigation Groups MD Oliver Laurence is currently a member of the Association and says the building of bonds between members can be very beneficial. “If you have a case that needs investigation in another country, you can reach out to a trusted member through the association who will have the necessary skillsets to do that work to your level, report back to you and be an extension of your team wherever you are based.”

The Association holds two main events per year. The next is their 92nd Annual General Meeting and Gala in New Delhi, India in October. It is a great opportunity to hear guest speakers and network with fellow members enabling you to build up trusted relationships with likeminded business professionals.

To find out more about becoming a member of the World Association of Detectives, visit their website at www.wad.net or watch the video below to find out more about the benefits of being part of a great global family.

With Hurricane Irma wreaking havoc across the Caribbean, some businesses in battered offshore financial centres have resorted to taking “extraordinary” steps to secure client data which may be targeted by fraudsters and transparency campaigners targeting sensitive information, law firms and private investigators told KYC360.
In just days, Irma has caused devastation across an area spanning over a thousand miles, including the British Overseas Territories (OTs) of the British Virgin Islands (BVI), Anguilla and the Turks and Caicos Islands. Data security will be a key issue when chaotic situations arise, financial crime experts say, with fears that sensitive information could be looted, hacked and resold or end up as front-page news, as when firms in Panama and Luxembourg were targeted and became the major Panama Papers and Luxleaks scandals. Developments in the BVI will be of special interest to the global investment community, especially in jurisdictions such as the US, UK and elsewhere in Europe, as well as for Asian business leaders and high-net- worth individuals, who it is estimated own and use more than 40 per cent of BVI corporate vehicles. According to June 2017 BVI government statistics, about 396,684 firms are registered in the BVI. The territory has a population of around 30,000 people. The businesses are responsible for an estimated $1.5 trillion of assets invested around the world, according to research conducted for BVI Finance. The BVI is popular with businesses for its low tax rates and corporate secrecy laws, which anti-corruption campaigners say makes it a top destination for criminals seeking to establish ‘anonymously-held’ shell companies to launder dirty cash and evade taxes. It has also been highlighted that over 50 per cent of the shell companies uncovered in the Panama Papers were set up in the BVI.

The jurisdiction has resisted growing calls to make the beneficial or true owners of its many firms publicly known, opting to share such information with government and law enforcement agencies instead.

The data in these offshore centres will be secured, in off-site centres, certainly, and mostly in off-jurisdiction back-up centres, too, bearing in mind the serious financial trades taking place, said Dr Frank Madsen, Cambridge University affiliated lecturer and former head of criminal intelligence, General Secretariat, ICPO-Interpol.

Although many firms registered in the BVI hold their key information externally, “opportunists will always look for vulnerabilities, and security vulnerabilities could be breached through the storm, such as power outages,” said Mike LaCorte, director of London-based Conflict International, a private investigation and security firm which has worked closely with firms in various locations, including the BVI. “Some of these offshore centres such as the BV and Cayman Islands are known for holding sensitive or secret data, such as the real or beneficial owners of firms,” LaCorte explained, “transparency activists or campaigners targeting such offshore centres might be able to target and reach the data.” “Or it could be simply looting, someone picking up some computers. The data could also be stolen by individuals or groups who specialise in gathering intelligence on companies and use that for fraud purposes, for example, falsely represent yourself as the company and raise capital. Or they could use it for blackmailing – ordering victims to pay-up or sell the data onto others,” LaCorte said. In addition to possible looting of gadgets such as computers, given the state of emergency, fraudsters may seek to beat financial compliance or regulatory rules, said Toronto-based Chris Mathers, whose risk consultancy firm covers cyber security and financial investigations.

“There’s a chance of financial criminals attempting to conduct transactions and skip know-your- customer (KYC) or due diligence checks, such as fraudsters coming up with scams from a third location targeting a location that’s lost its infrastructure,” said Mathers. “For instance, someone calling a bank or company and saying ‘I can’t get to my lawyers because of the storm, power outage, but I have the money … can I put it through?’”

“We took extraordinary measures even before the hurricane came, about two months ago, to secure our data so we were prepared,” said a partner at a key international law firm with offices in the BVI, who asked not to be named and could not elaborate further.

Another law firm with a presence in the BVI, Conyers Dill & Pearman, said it has also taken action. “We are aware that people would use a hurricane to take advantage of the situation, however, security is exceptionally important to us,” said Robert Briant, partner and head of the firm’s BVI office.

“We are very much aware of people trying to approach us and breach due diligence checks. But for us, it is business as usual, and that includes insisting on the full KYC process,” he said.

“We have a team of about 40 people in Toronto working mainly on our servers, queries and keeping ahead of all sorts of malware,” he explained, “With our server in Toronto, for example, when I type a letter on my computer here in the BVI, it registers in Toronto. Our computers are double-password protected. Meanwhile, our office in BVI is locked down and has regular security checks.”

Following the Panama Papers data leak, some offshore firms stepped up their data security systems, such as seeking to migrate their data from online platforms to physical storage, said risk and investigations analyst Mathers.

“We advise them to take their data off the internet and store it in servers that are not online, emptying information onto a hard drive, backing up already backed-up data and keeping it in a physical safe,” he said. “We [also] suggest that they only keep the most current information online, for example, if someone is travelling that week and they need to access important information remotely.”

On Wednesday afternoon, London-based George Hodgson, chief executive of the Society of Trust and Estate Practitioners (STEP), which has members located in hurricane-hit jurisdictions, said: “What we have seen in the last 48 hours is that most of [our members] seem to have had in place business recovery and contingency plans. For some of them, although their offices are damaged, they are managing to work remotely.”

In recent years Britain has come under constant pressure from non-profit organisations, some local parliamentarians as well as sections in the European Parliament who accuse it of not doing enough to get its OTs to combat corporate secrecy by establishing publicly accessible beneficial ownership registers of firms.

This week, the UK announced that it has allocated millions of pounds in funding towards the crisis, sending aid as well as 1,000 UK military troops in the region to assist with the relief effort. It has also deployed 60 UK police, a government statement said. British foreign secretary Boris Johnson also visited the region, following criticisms that the government has reacted slowly to its OTs disaster. Meanwhile anti-corruption campaigners have stepped up calls for the UK to address the issue of corporate secrecy in its OTs alongside its hurricane disaster relief efforts.

“Victims in immediate need should be helped without any pre-conditions,” said Transparency International UK director Robert Barrington in a blog post on Tuesday, adding that “as the UK invests in rebuilding the BVI and other OTs it should be working with them on a plan about how to make sure those economies are not dependent on providing secret services that can easily be exploited by criminals.”

Efforts to reach the BVI government for a comment were unsuccessful. The UK Treasury did not respond with a comment. A Monday online statement from BVI premier D. Orlando Smith said while the immediate focus is humanitarian needs “we will also turn attention to our economy … some offices belonging to the business and finance sector survived as did the Financial Services Commission which houses other services such as the corporate registry.”

www.missingpersons.gov.au/
www.afp.gov.au/
www.police.nsw.gov.au/
www.pfes.nt.gov.au/Police.aspx
www.police.qld.gov.au/
www.police.sa.gov.au/
www.police.vic.gov.au/
www.police.wa.gov.au/

A fantastic piece by Wes McCarroll as to why Criminal Defence Investigators are so important in the modern era of the Judicial System.

Wes McCarroll

Wes McCarroll Investigations LLC

One of the most important elements of successful criminal defence work is having an experienced legal investigator on your defence team as soon as possible. Not all criminal cases require the services of a professional defence investigator. Every defendant deserves a fair trial and to have a complete and thorough defence presented on his or her behalf. However, in the cases that do, the defence investigator is a vital member of the defence team. Once the client is suspected or investigated (Pre-file stage), arrested or charged with a crime, an experienced Criminal Defence Investigator should be developing intelligence and securing potential witnesses and/or evidence before too much time has passed.

A professional defence investigator is a valuable asset to assist the defence attorney to start re-investigating the case to insure that the case is being investigated legally by law enforcement. This is a very tedious and time consuming task that should be performed by a professional defence investigator. An experienced defence investigator will have the knowledge to investigate the law enforcement’s case and uncover any deviations, oversights or evidence left out that will benefit the client.

Far too often the investigating officer will draw a conclusion and form their opinion before the case is investigated. Police identify a suspect and then seek to build a prosecutable case against that individual. In doing this, they sometimes slant information or cast information in the light most harmful to the defendant, ignoring other possible suspects. A criminal defence investigator will review the police investigation and re-interview witnesses to find changes in their stories and to develop new and independent leads. A criminal defence investigator’s role is to find witnesses and evidence that will establish reasonable doubt that will show the jury that there is reason to believe that the defendant is not responsible for committing the crime.

The Defence Investigator must talk to all witnesses; analyse all the evidence (including physical, video, audio, photographic, etc.) that is compiled by the prosecution. It is the defence investigators responsibility to locate these witnesses, retrieve accurate statements and identify information to contradict the case that law enforcement is building as well as changes in witness’ stories from their original statement. This means that the investigator must be knowledgeable about the case and skilled in interviewing techniques including utilizing cognitive, kinesic and other interviewing methodologies.

A professional defence investigator will have the knowledge to review evidence and reports and determine whether or not what the prosecution claims are consistent, accurate and truthful. It is not uncommon for a skilled investigator to uncover inconsistencies or unusual information in reports that will give rise to avenues of investigation favourable to the defence.

The most important part of any criminal case is the Pre-file stage. Defence Investigators know the importance of defending a criminal complaint, therefore defence investigators will take the necessary steps to defend a criminal complaint before charges are filed and the case goes to court. A criminal defence investigator can provide crucial services during this time in order to prevent filing, reduce charges, divert allegations and ease clients concerns about the case. The main objective of criminal defence investigation is to break down prosecution witnesses by utilizing vigorous cross-examination techniques. This can help reduce and eliminate their credibility and the weight given to their testimony.

Ever wonder if your discovery file is complete? Ever wonder what law enforcement may have missed or not included in their reports? Not sure what a witness really saw? Let us help you find out. We work with you to find all of the evidence available and determine a strategy for using that evidence to support your theory of the case. Here are just a few of the services we provide in criminal defense cases:

• Exhaustive Discovery Review
• Missing Discovery List
• Witness Locates
• Witness Interviews
• Sworn Statements
• Preparation and Service of Subpoenas
• Crime Scene Analysis
• Crime Scene Photo and Video Documentation

At Wes McCarroll Investigations LLC, our investigators have the experience and knowledge to handle your investigation with the professionalism you expect and to deliver the results you need. Our staff is uniquely qualified and trained to help you successfully represent your client and to be fully prepared for trial. Let our dedicated criminal defence team get started on your case today. Once your client is suspected, arrested or charged with a crime, the government utilizes unlimited investigative resources to pursue and prosecute your client.

Our investigators have investigated many state and federal cases. Whether you are taking a private or appointed case, we are with you every step of the way, from intake through trial. We understand the process and the unique issues that attorneys face in criminal defence cases, and we are here to help. We also understand the expense involved in representing criminal defendants. We work within your budget to provide the most efficient and cost-effective investigation possible and comply with Office of Indigent Defence requirements in appointed cases. We can be appointed at no cost to client for CJA and JAC cases.

An Australian father who hasn’t seen his children for more than two years believes their mother may have brought them to the South Island.

Harry Speath last saw his children in December, 2014. Australian police have confirmed they are looking to “recover” the children, although the Australian Family Court says the children are most likely living in southeast Queensland.

The last time Speath saw his children they clung onto him as his divorced wife, Jane Adare, arrived at 5pm to take them away. They were in tears and kept telling him they didn’t want to leave, he says. But he told them, “everything’s going to be alright”. He thought they would talk again on Monday, as per the custody agreement.

Harry Speath believes his children may be somewhere in the South Island, he hasn’t seen them for two and a half years.

Speath will never forget that day, December 5, 2014. It was a Friday, and his then 6-year-old daughter, Serena Lucia Speath, did everything she could to avoid going to school. Her 5-year-old brother, Thomas Michael Speath, also claimed to be sick.

READ MORE:

• Family want 6-year-old Que Langdon returned to NZ immediately
  
• Mind games, a custody battle, and a broken rudder: the full Alan Langdon story
• Without a trace: New Zealand’s most enduring missing persons cases

“When it came pick up time, my ex-wife arrived, rang the doorbell, and Thomas broke down. He was absolutely howling and I didn’t understand why. He wouldn’t let go of me, he was hanging on for grim death,” Speath recalls

Serena and Thomas Speath have been missing since December 2014.

The 60-year-old father hasn’t given up looking for his children. Following Alan Langdon‘s January escape to Australia, with his daughter Que Langdon, Speath decided to investigate the possibility that his ex-wife may have also sailed across the Tasman.
Speath has enlisted the help of child recovery expert Col Chapman, an Australian man who helped track down Langdon.

The father also travelled to London, England, knowing his ex-wife has a British passport. After the disappearance, he searched for them in Brazil because Adare’s mother, who she was living with in 2014, had visited the South American nation, he says. Speath suspects Adare’s family know where they are.

The father is due to arrive in Christchurch on Friday afternoon to begin a South Island search for his children. He and Chapman suspect the mother is most likely living in Christchurch or a similarly Anglo-town. Speath describes her as an “Anglophile” because of her interests in European architecture and familiarity with the culture.

mother is most likely living in Christchurch or a similarly Anglo-town. Speath describes her as an “Anglophile” because of her interests in European architecture and familiarity with the culture.

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He also says Adare had friends from New Zealand and believes she has connections in Christchurch. She is a trained nurse, he says.

Her father was a skilled boatman and close with his daughter, Speath says. After Speath last saw Adare, her family travelled north to Bundaberg, “the only thing that is in Bundaberg is a port,” he says.

The former husband of Jane Adare believes she may have taken their children to New Zealand. He hasn’t heard from them in almost two and a half years.

New Zealand Police are unaware of the case. A police spokeswoman said Interpol had not alerted them.

Australian police have not verified Speath’s belief that his ex-wife’s family know where she is.

A spokesman for the Australian Federal Police said an active search was under way for the mother, and Australian police were authorised to remove Thomas and Serena from her care. He urged anyone with information about the children to contact Australian police.

A search was launched on February 17, 2015, after the children had not been heard from since December 5, he said.

Speath claims Australian police told him his children may have left the country, despite them not having passports.

Speath says he was a good husband and father. He says he was working part time when his children were young, “I changed thousands of nappies, cleaned, did anything and everything I possibly could”.

Speath is determined to find his children. SUPPLIED
He sees no reason for Adare’s disappearance with his two children. In October 2014, less than two months before the disappearance, the pair divorced. Adare received AU$350,000 in settlement, Speath says he paid it in four weeks. He says Adare had no interest in their relationship.

If someone knows where his children are, Speath asks that they tell them “that their daddy loves them, and that I haven’t forgotten them”.

Elder abuse is a term referring to any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult.

• Physical Abuse – Slapping, hitting, beating, shoving, pushing, kicking, pinching, burning, biting, severe beatings, inappropriate restraint
• Emotional Abuse – Inflicting mental pain, anguish
• Sexual Abuse – Non-consensual sexual contact of any kind, sexual exhibition to rape or sodomy; Inappropriate touching; Photographing in suggestive poses; Forcing to view pornography; Forcing sexual contact; Coerced nudity
• Exploitation – Illegal taking, misuse, or concealment of funds, property, or assets of a vulnerable elder.
• Abandonment – The desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.
• Neglect – Withholding appropriate attention; Intentionally failing to meet older person’s physical, social, emotional needs; Failure to provide food, water, clothing, medications; Failure to assist with activities of daily living or help with personal hygiene.
• Emotional and Psychological Abuse – Name-calling, “Silent treatment”, Intimidate or threaten the individual; invoke fear or mental anguish; cause emotional pain or distress, or distress on an elder person through verbal or nonverbal acts
• Financial Abuse – Misuse of older family member’s funds; Embezzlement; Fraud, forgery; Taking money under false pretences; Forced property transfers

Elder abuse can affect people of all ethnic backgrounds, social status and gender.

An extract found in one of eight commissioned papers prepared for: 2020 A Vision for Aged Care In Australia – The Myer Foundation.

Cheating spouses exploit their partner’s desire to trust. There are few hard and fast signs of infidelity.

Cues of infidelity vary widely from relationship to relationship, making it impossible to provide a useful list of behaviours that has a high degree of accuracy. In hindsight, however, the warnings signs always appear obvious.

In fact, there are so many tell-tale lists of infidelity cues that it is hard to know what to believe.

Given all the different lists that exist, it helps to keep the following in mind.

Providing a list of the signs of cheating is often counterproductive. First, any given behaviour is open to multiple interpretations. Does a spouse’s sudden interest in losing weight signal infidelity? Could it be due to some other reason?

The explanation for any behaviour is never as clear-cut as we would like to believe.

Furthermore, looking for signs of infidelity tends to fuel one’s suspicions. For instance, does your spouse clear his or her call log after each call? Dwelling on such matters tends to make people more suspicious. The way people generally handle their suspicion ends up helping a cheating spouse.

• Keep a journal of your spouse’s reported activities. Write down the times, dates, places, other people involved, excuses given, etc. Your journal will become invaluable as you compare what’s said with phone bills, credit card statements, ATM withdrawals, talk to other people, etc. A cheating spouse is likely to change his or her story, or question your memory, so keeping a record of everything is critical.
• Keep track of all incoming phone calls. Record the time and number of all calls.
• Plan a surprise visit to work, or come home at unexpected times, or make announcements about having to work late, but then come home early, etc.
• Keep track of your spouse’s mileage, receipts, credit card statements, ATM withdrawals, phone records, etc.
• If you can, check your spouse’s call log. Look for an unusual amount of phone calls. Keep in mind that cheating spouses often store their lover’s phone number under someone else’s name: a friend, a co-worker, etc.
• You can also purchase surveillance equipment (hidden cameras and voice activated recorders) or download computer monitoring software (keylogger) which will make it easier for you to monitor your spouse’s activities. Using such equipment can, however, can raise some legal issues
• Never confront your spouse until you’re certain that you have enough evidence to make your case. And never reveal all of your evidence at once. Most cheating spouses will try to concoct a story to fit the evidence presented. But if you withhold some evidence, and let your spouse create a story, it gives you the opportunity to use the remaining evidence as leverage. And if you strategically withhold evidence, your spouse will start to question exactly how much you know, increasing the odds that he or she will tell you the truth.

Recently, our managing director Oliver Laurence was invited along as a guest speaker to Asset College to present to students about life as a private investigator and what he saw as the challenges for the future for the sector. Oliver’s delivery was very well received with some very positive feedback being provided.

• “A good presentation, thanks Oliver. Some really interesting insights and very informative. It was great to hear someone so passionate and driven in such an interesting industry.”
• Most appreciated for your time and information that you freely passed and shared with the students. Huge thanks Oliver Laurence
• So much knowledge to share
• Please come back again soon! You left me wanting to quickly change careers and become a private investigator myself! HA!