A Private Investigator’s View of Social Media Intelligence

I am pleased to share with you our first guest blog post. It is written by Larry Forletta, owner of Forletta Investigative/ Security Consulting. As a former DEA agent, Larry Forletta has established many resources in the United States and abroad.

Social media investigations have changed the investigative landscape for private investigators.The forensics have been learned through a series of trial and error, utilizing some of the most popular social media platforms in order to gather essential evidence under the laws of collection. Those who work in this department are sometimes referred to as social media
vendors. However, not all social media forensics are the same and they certainly don’t produce the same results every time.

The effective use of social media has aided many investigations already. One investigation that comes to mind is an attempt to extort money from an individual involved with prostitution. By investigating through social media, the individual’s full identity (including name and base of
operations in the U.S.) was able to be identified. This investigative information was then provided to state authorities who were further able to identify the prostitution extortion individual.

It’s quite amazing what people continue to share on social media platforms. Despite the fact that there can be real consequences for what gets posted online, even if it might seem like fun and games, people continue to post sometimes incriminating and hard evidence that can be used against them. Americans spend more time using social media platforms than any other
internet activity, such as email. Most online evidence is compiled manually by an investigator who might screenshot or archive as needed. If something was sent or posted, perhaps even published, then it can be found and used accordingly.

Even when posts are deleted, they never really go away. Emails can be trashed, and accounts can be removed, yet the data and imprint of what has been put online may be able to be resurfaced with a little help. After all, a private investigator is only as good as their resources.

Our primary social media associate is eChatter, an online global source for social media researchers. They are spearheaded by their president, Kathy Doering, and specialize in a multitude of services including deep web searches and dark web searches. They are professional, communicative, and will get the answers that you need.

Wait…Where Did That Social Media Post Go?

What happened to that social media post you saw yesterday during your recent online investigation? Are you kicking yourself that you did not capture that post when you saw it? It can happen and very often does. The old adage, what is here today, is gone tomorrow, is something that happens all of the time, especially in social media. It may suddenly be changed from “public” to “private” at any point. The user’s entire profile can be deleted at any time. Where will that leave you and your investigation?

Largent V. Reed

Back in 2011 this was not an issue as social media was just starting to grow. In a personal injury lawsuit, Largent v. Reed, the plaintiff claimed that a recent accident had left her with severe physical and mental pain. During the trial, defendants presented her post-accident photos posted to her Facebook profile. These photos revealed the plaintiff was clearly feeling well enough to engage in her daily activities and exercising at her gym on a regular basis.

Fast forward to 2020 and things have changed. People are more aware of what they post and use user names that are different than their real name. Let me give you a recent example. One of our clients requested a deep scan from us for a case that involved fraud. We conducted the scan and produced the report capturing the subject’s Facebook account. Scans include live URL’s as well as screen shots showcasing all publicly available data. Once given to the attorney, he had a question about one of the posts specifically. When attempting to click on the link within the profile post, he came to a dead end. We did capture a screenshot, which in most cases is sufficient for investigative purposes. However, time is critical when conducting this type of research. Looking a little more closely at one of the posts was no longer possible.

Web Preservation

Preserving digital data is something many attorneys are starting to take a serious look at and in some cases are requesting from their private investigators. Judges are getting stricter when it comes to allowing social media as evidence in court. Not all cases make it to court of course, but preserving social media may be that extra step that your clients may want you to take.

Social media posts can be altered quickly, often at the advice of opposing counsel. Be sure not to wait too long to capture the data you need and in some cases, be sure to preserve that data.