social media law enforcement Archives

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.

Secrets About Social Media Monitoring That Nobody Will Tell You.

By now most people have heard of social media monitoring in one form or another. Social media monitoring is something that companies do in order to maintain a good online presence and to monitor their online reputation. Restaurants, retail stores, doctors, lawyers and more are smart to hire a company to conduct this ongoing research on their behalf. It can reveal a lot about the company and its competitors.

In the investigation world, social media monitoring can take on an entirely new dimension. If you advertise that you conduct social media investigations, this added service could be a great new source of revenue for your company. A recent case study provides a good example of what we are talking about.

An investigator’s client (who is an attorney) was interested in locating an individual involved in a case she was working on. She wanted the individual’s social media watched for updates, as he was not able to be found using traditional surveillance methods. The investigator needed social media monitoring in order to watch for location clues in as close to real time as possible.

In the social media/ online world, things can change in a second. What is sometimes here today, will be gone tomorrow. That is where monitoring comes in. When an investigator uses social media monitoring, they are getting updates in real time. This type of online surveillance can be handy as it allows the investigator to get a clear picture and an update day to day on the whereabouts of his poi. This allows an investigator to act “in the moment” to better target resources to serve the person as needed, or to even find a missing person.

While conducting social media monitoring for this investigator we were able to locate the person. Within their instagram stories, we could see that he was on vacation and wanted to share his experiences. Looking at the background of an image can reveal a lot. We could see that he was visiting a very popular tourist destination. With this added information, it allowed the investigator to target more effectively. This may not be true in every case as some people don’t use social media at all. However, they are in the minority.

So next time you think about social media investigation ask yourself this question:

Would it be of value to my client to conduct social media monitoring for this case?
Some examples include:

Jury monitoring before, during and after a high profile case
Locating a missing person
Threat monitoring

The bottom line to all of this is to begin with the purpose & be certain it is well justified and that you are monitoring open source data only. When needed, this is an additional step in your investigation that may save time and money in the long run. People love to share their experiences online and this will never change. Learn ways to use it to your advantage.

How to Find Someone in Prison

Before you start your search for someone in prison it is important to know some important terms.

Prison – also known as a penitentiary or correctional facility, is a place in which individuals are physically confined and are deprived of a range of personal freedoms. Individuals held within prisons and corrections facilities have been either charged with a crime or convicted of a crime. Individuals who have been charged with a crime are incarcerated until they are brought to trial or released. Those who are officially charged with a crime will remain in a prison or jail facility until they completed the duration of their sentence.

Inmate – a person confined to an institution such as a prison (as a convict) or hospital (as a patient).

Corrections – refers to the supervision of persons arrested for, convicted of, or sentenced for criminal offenses.

How Do You Find Someone in Prison?

1) Try using the website Vine. VINE is a website that lets victims of crime and other concerned citizens access information about offenders. The service is available via the website, a mobile app, and a toll-free number. Victims can register to receive alerts about inmate status changes via phone, email, and text.
To find an offender, click on the “Find an Offender” icon and select the appropriate state. From the next page, enter the incarcerated person’s last name and first name. Alternatively, you can enter their inmate ID number, if you have it. In addition, you can click on the “Advanced Search” link to add other search parameters such as Facility Name, Date of Birth and Age Range.

2) Another option is CheckPeople.com. This website makes it fast, easy, and effective to perform an advanced people search. You can track down old friends, relatives, or classmates. All you need is the person’s first and last name but you can narrow down the search if you know what state they are in. Search results will reveal detailed information including criminal records, civil records, marriage license(s), and more.

How to Find an Inmate in a Federal Prison

To find someone in a federal prison, use the Federal inmate locator. This search tool allows you to search a database of federal inmates who were incarcerated from 1982 to present. Once you find the individual, you can use the Federal prison facility locator to learn more about the specific facility where they are being held. This search provides the details on such things as the type of prison and the security (e.g. minimum security, maximum security, etc.).
You can lookup inmates two different ways:

1) First and last name (required) and middle name, age, race, sex (optional)

2) Inmate number from the: Bureau of Prisons (BOP) Register, D.C. Department of Corrections (DCDC), Federal Bureau of Investigation (FBI), or Immigration and Naturalization Services (INS)

How to Check an Inmate’s Background

If you need to learn more about someone who is incarcerated, a BeenVerified Background Check Report allows you to search billions of public records online in just a few seconds. You can search for criminal records, arrest records, bankruptcies and more. In addition, you can find people using address, phone number and email search. BeenVerified offers an easy and affordable way to run a background check.

Federal Prison Records 1982 – Present

The Bureau of Prisons (BOP) maintains records of federal prisoners released after 1982. You can use the Inmate Locator to find out when a prisoner was, or is expected to be, released. To learn more about an inmate, submit a Freedom of Information Act request to the BOP. Also include a completed Form DOJ-361 (PDF, Download Adobe Reader).
The BOP Library provides a wealth of resources on corrections, criminology, and related fields.
State and Local Prison Records
For state and local prison records, contact the state or local corrections department.
Prison and Prisoner Resources
Following are resources for prisons, correctional institutions, jails, and inmate searches.
• Amnesty International – Amnesty international is a global network of human rights activists who campaign to end abuses of human rights. Their website provides resources, news, and data on human rights abuses around the world.
• Corrections Connection Network – Provides news, data and vendor intelligence for the corrections community. Provides resources, tools and forums for corrections professionals. Also a great place to stay in touch with the latest news about what is going on within the system. Includes links to inmate locate queries for each state.
• PrisonMap.com – PrisonMap.com shows aerial photos of prisons in the United States.
• Prison Policy Initiative – Attempts to document the impact of mass incarceration on individuals and communities in an attempt to improve the criminal justice system. The organization produces cutting edge research to expose harm created by mass incarceration and then sponsors advocacy campaigns to create awareness about the issues.

About Us:
We have been mining social media since 2007 for our clients. By utilizing best in class software programs, we offer a service called eChatter.
eChatter works with you to obtain your objectives in a fast, accurate and reliable facet. By keeping our strengthened principals, yet evolving with this industry, we lead in social media monitoring. Since 2007, we have been dedicated to providing our customers with the most authentic data.

We offer:
• Deep Web Scans
• Jury Vetting
• Jury Monitoring
• Quick Scan

www.e-chatter.net
(866) 703-8238

Could your Social Media posts be used against you in court?

The short answer…yes and no.

Want to know how? Read on!

Most of us use social media to share pictures, exciting events or happenings, uplifting videos, and funny quotes. But some of us also use it as a platform for our political, religious, and social views as well as our downright brutally honest thoughts and feelings. Whether we transmit our rants to hundreds of eager listeners or in private chat threads, we should clearly understand the consequences of our actions.

“Sharing a public rant about your ex-spouse or former employer online may not seem problematic – a lot of people do that to get support and some cheering,” said Sherwin Arzani, attorney at Citywide Law Group. “However, you should remember that social media is evidence and discoverable. Depending on the situation, your opinions can either hurt and/or help your court case.”

Your social media posts can be used as evidence against you
Courts today are more than willing to admit social media content as a form of evidence both for and against you.

In a recent personal injury lawsuit, Largent v. Reed, the plaintiff claimed that a recent accident had left her with severe physical and mental pain. During the course of the trial, defendants presented the court with post-accident photos posted to her Facebook account. These photos demonstrated the plaintiff was clearly feeling well enough to engage in her daily activities such as attending the gym and enjoying life. With this information, the court ordered the plaintiff to hand over her Facebook login information for further inspection.

The lesson? Never assume that anything you share online (publicly or in private messages) is fully confidential. “If you are involved in any case or proceeding, or even a case or proceeding that is reasonably foreseeable, think twice before posting anything that can be self-incriminating or used against you in the courtroom,” said Joseph Fantini, attorney at Rosen Injury Lawyers.

Public social media posts count as legally obtained evidence
Contrary to popular belief, it is legal to use communications garnered from social media sites as evidence. Judge Michael Corriero explains that “the prohibition against using illegally obtained evidence applies primarily, essentially solely, to law enforcement. It doesn’t apply to another civilian.” If you have exchanged self-incriminating messages with someone privately, maybe through a messenger app, those would be admitted by most courts without any issue.

According to Ambrosio Rodriguez, a criminal defense attorney at The Rodriguez Law Group, the same applies to photographs, taken and published by you or someone else. “If a friend takes and publishes a controversial picture showing you drunk in public you may act against them for unfairly depicting you as drunk. But if you were actually drinking at that time, these photos will be used as evidence against you in a relevant proceeding,” he explained.

Deleting your social media content during trials is not smart
“When you are involved in a lawsuit, the rules of evidence apply to your social media content just as they do to the discoverability and admissibility of other forms of evidence,” said Ryan Van Steenis, an attorney at Ajamie LLP, in Houston, Texas. “It is not advisable to delete the content you have shared online. Depending on the circumstances, such activity can be considered serious. A court may find that a negative inference should be held against you for the destruction or spoliation of relevant evidence. This can have adverse consequences to your case, and attorneys representing clients with social media properties should advise their clients how to manage their social media content accordingly. A client is permitted to adjust their privacy settings, but do not take any further actions that the court may deem as suspicious.”

And what you think is “permanently” deleted content” can actually be recovered using new-gen forensic recovery methods. Even if your personal device is password protected, it does not mean that the authorities cannot legally get access to it. Suspects and parties undertaking a trial can be served with a disclosure notice demanding them to reveal all passwords. Failure to comply can lead to further penalties. Everything you share on social media can become part of the public record – whether you want it or not.

So how can you stay safe?
Be a selective sharer. Always stay on the safe side and don’t share anything that you would not otherwise tell freely in public.
Consider using one of the best VPN services available. This helps keep your online activities protected against snooping, interference and censorship, according to TechNadu.
Be careful where you click. Risky apps and dangerous links sent via social media can give hackers access to spy on you, according to CBS News. Also, don’t respond to messages from strangers.