LEGAL BRIEF: THE DAVIS RULE
What should you do when a suspect who waived his Miranda rights says he might want a lawyer? This is the question that the US Supreme Court recently ruled on.
WHILE I AM PRESENTING THE FACTS ACCORDING TO THE US SUPREME COURT RULING, THIS IN NO WAY IS MEANT AS A GUIDE IN A FLORIDA STATE COURT! ALWAYS REFER TO YOUR DEPARTMENT'S LEGAL BUREAU, OR THE SA's OFFICE FOR PARTICULAR RULINGS. THIS IS MEANT FOR THE FURTHERANCE OF THE INVESTIGATORS LEGAL KNOWLEDGE!
A fairly common scenario, you obtain a valid Miranda waiver from a suspect in custody and begin interrogation. Part way through your questioning, the suspect begins to feel uneasy about going forward and says something about remaining silent or talking to a lawyer. What then? Must you stop interrogating? Do you need to clarify his wishes, or can you keep talking? The US Supreme Court gave the answers in Davis v. U.S. The Supreme Court acknowledged its earlier ruling in Edwards v. Arizona that a statement obtained through police custodial interrogation will not be admitted to prove guilt at trial if it resulted from questioning that continued after the suspect's request for an attorney. But where it is not necessarily clear that a suspect who has already waived his rights is asking for an attorney, the court declined to place burden of resolving the ambiguity on the police. If a suspect makes a reference to an attorney that is ambiguous or equivocal in that a reasonable officer in light of the circumstances would have understood only that the suspect might be invoking the right to counsel, our precedents do not require the cessation of questioning. Rather, the suspect must unambiguously request counsel. He must articulate his desire to have counsel present sufficiently clearly that a reasonable police officer in the circumstances would understand the statement to be a request for an attorney. Finding that the statement, "Maybe I should talk to a lawyer," was not an unequivocal, unambiguous invocation of the right to counsel, the court upheld the admission of Davis's statements and unanimously affirmed his conviction and sentence. The five-member majority held that it is not necessary for officers to stop an interrogation when the suspect makes an ambiguous reference to invoking his rights.
There are no magic words that a suspect has to use to constitute a clear and unambiguous invocation of Miranda. Certainly a statement such as "No more questions", or "I want a lawyer" are unambiguous. Wishy-washy qualifications such as "I think" or "Maybe I should" would normally be ambiguous enough to come within the Davis rule that there is no need to clarify the suspect's wishes and no need to stop questioning. It is further noted that the Davis ruling only applies where the suspect initially gave a clear, unambiguous waiver when given his Miranda rights. Once he has waived, the burden shifts to him to clearly, unambiguously assert his rights if he wants questioning to cease. For example, if the suspect responds to the Miranda admonishment by saying something like, "I think maybe I should get a lawyer," you should not proceed without clarifying whether or not you have an invocation of counsel. It's only after a clear waiver has been obtained that the Davis rule kicks in. NOTE: Not all states follow the US Supreme Court rulings on exclusionary issues. States are free to interpret their own constitutions as providing greater protection to criminals than the US Constitution provides. Where do you suppose Florida falls?
Sunday, March 18, 2007
YOU CAN'T MAKE THIS STUFF UP
Here are some excerpts from actual police reports;
They were all conversating.
We conversated telephonically.
They were living domesticatarly.
They're habitating.
Seeking the location of his whereabouts.
He was of Jamaican assessment.
Seeking to identify his identification.
Identified a pattern of unrelated crimes.
He was wearing a multi-colored white t-shirt.
He is known to congregate by himself.
The eyewitness is blind and didn't see anything.
They went into a feet pursuit.
He has numerical arrests on his rap sheet.
The bus driver was working off duty at the time.
The information was received from an anonymous CI.
His sister states she was not related to her brother.
The suspicious package was examined and determined to be not suspicious.
The unarmed security guard fired 2 shots at the perp.
All the calls that day happened another day.
Report writing 101?...
Here are some excerpts from actual police reports;
They were all conversating.
We conversated telephonically.
They were living domesticatarly.
They're habitating.
Seeking the location of his whereabouts.
He was of Jamaican assessment.
Seeking to identify his identification.
Identified a pattern of unrelated crimes.
He was wearing a multi-colored white t-shirt.
He is known to congregate by himself.
The eyewitness is blind and didn't see anything.
They went into a feet pursuit.
He has numerical arrests on his rap sheet.
The bus driver was working off duty at the time.
The information was received from an anonymous CI.
His sister states she was not related to her brother.
The suspicious package was examined and determined to be not suspicious.
The unarmed security guard fired 2 shots at the perp.
All the calls that day happened another day.
Report writing 101?...
ORGANIZE AND ASSOCIATE
There are a multitude of associations and organizations for investigators in the private sector. Some organized by specialty, others by geographic area. Here is a listing of some of the more unusual:
The European Council of Detectives. You can check their web site at:
www.euro-detectives.org
The Professional Investigators and Security Association based in Charlottesville, VA, they can be found at:
www.pisa.gen.va.us
National Defender Investigator Association.
www.ndia.net
National Association of Legal Investigators. This association represents private investigators who conduct work for the defense. They also have a national accreditation program.
www.NALI.com
The Council of International Investigators, headquartered in Singapore.
www.cii2.ord
World Association of Detectives. This international group hosts an annual convention that brings detectives from all over the world. They claim to be the largest and oldest association of its kind in the world.
www.wad.net
There are a multitude of associations and organizations for investigators in the private sector. Some organized by specialty, others by geographic area. Here is a listing of some of the more unusual:
The European Council of Detectives. You can check their web site at:
www.euro-detectives.org
The Professional Investigators and Security Association based in Charlottesville, VA, they can be found at:
www.pisa.gen.va.us
National Defender Investigator Association.
www.ndia.net
National Association of Legal Investigators. This association represents private investigators who conduct work for the defense. They also have a national accreditation program.
www.NALI.com
The Council of International Investigators, headquartered in Singapore.
www.cii2.ord
World Association of Detectives. This international group hosts an annual convention that brings detectives from all over the world. They claim to be the largest and oldest association of its kind in the world.
www.wad.net
Computer Program For The Investigator
The search engine Google has a free feature available that can be very helpful. It's called "Desktop", and can be accessed from Google's main search page. One of the functions of this program is it index's your hard drive. Once installed, the program stores and arranges emails, files and web history on your machine. This process occurs once during a period when your computer is idle for more than 30 seconds. As you continue to receive emails, this feature automatically adds them along with any updates to your files and web browsing history. This would allow you to quickly find emails, and view previously visited websites. Google Desktop creates cached copies (snapshots) of your files and other items each time you view them, and stores these copies on your computer’s hard drive. As a result, you can often use Desktop to find items you accidently deleted, instead of having to recreate them from scratch.
Desktop is also a great tool for parents who want to monitor their child's internet use. The program runs virtually undetected except for a small icon in the system tray (the bottom right corner of your screen where programs that are running show small symbols). There are also alot of other features to this free program. To find out more about about it, go to Google's main page and right above the searchbox in the middle of the page click on "more". That will open a small side menu that says "even more". Click on that and you arrive at all sorts of "extras" within Google. Find the icon of a small multi-colored swirl and that is "Desktop". Once there, click on "Features" and you will be taken to a full explainantion of what this little program does. Happy hunting!
The search engine Google has a free feature available that can be very helpful. It's called "Desktop", and can be accessed from Google's main search page. One of the functions of this program is it index's your hard drive. Once installed, the program stores and arranges emails, files and web history on your machine. This process occurs once during a period when your computer is idle for more than 30 seconds. As you continue to receive emails, this feature automatically adds them along with any updates to your files and web browsing history. This would allow you to quickly find emails, and view previously visited websites. Google Desktop creates cached copies (snapshots) of your files and other items each time you view them, and stores these copies on your computer’s hard drive. As a result, you can often use Desktop to find items you accidently deleted, instead of having to recreate them from scratch.
Desktop is also a great tool for parents who want to monitor their child's internet use. The program runs virtually undetected except for a small icon in the system tray (the bottom right corner of your screen where programs that are running show small symbols). There are also alot of other features to this free program. To find out more about about it, go to Google's main page and right above the searchbox in the middle of the page click on "more". That will open a small side menu that says "even more". Click on that and you arrive at all sorts of "extras" within Google. Find the icon of a small multi-colored swirl and that is "Desktop". Once there, click on "Features" and you will be taken to a full explainantion of what this little program does. Happy hunting!
Friday, March 02, 2007
The Top Ten Signs You Have The Wrong Lawyer
1. Instead of “Objection!” he keeps yelling, “Bingo!”
2. She keeps asking you things like, “Would it kill you to say you did it?”
3. Your legal team is suing each other because someone ate the last bagel.
4. The only motion he’s made has been rubbing his crotch.
5. He giggles uncontrollably every time anyone says the word “briefs.”
6. He’s incredulous that he lost the case and says, “Well, it worked on Judge Judy!”
7. Instead of “Your Honor,” your attorney addresses the judge as “Player.”
8. She’s drinking rum and cokes for breakfast in the parking lot.
9. Half of his previous clients have tried to kill him.
10. His law degree is from the University of Baghdad.
Reprinted from APB
1. Instead of “Objection!” he keeps yelling, “Bingo!”
2. She keeps asking you things like, “Would it kill you to say you did it?”
3. Your legal team is suing each other because someone ate the last bagel.
4. The only motion he’s made has been rubbing his crotch.
5. He giggles uncontrollably every time anyone says the word “briefs.”
6. He’s incredulous that he lost the case and says, “Well, it worked on Judge Judy!”
7. Instead of “Your Honor,” your attorney addresses the judge as “Player.”
8. She’s drinking rum and cokes for breakfast in the parking lot.
9. Half of his previous clients have tried to kill him.
10. His law degree is from the University of Baghdad.
Reprinted from APB
GADGETS FOR THE INVESTIGATOR
Document Scanner that Fits in a Pocket:
DocuPen is a handheld color scanner, no bigger than a pen that can fit in your pocket, that helps you scan documents for retrieval later on. Docupen offers a 24-bit color scanning device that is just 8-inches long and less than 1-inch wide, can be easily carried in your pocket, and is USB interfaced in a very simple manner that can download scanned documents to your computer. Few buttons to worry about, and the scanning is simple to accomplish. A slow pass across the page with the “pen” will save the document to the scanner. When you get back to your computer, simply plug it into the USB port. The document is scanned into your computer. The pen can hold about 100 pages in its internal memory. In addition to the color devices, there is also a black-and-white only device available. The manufacturers web site can be found at:http://www.planon.com/ The color version runs for around $300; the B&W one for considerably less, at around $100. It may be a convenience you find worth having.
Document Scanner that Fits in a Pocket:
DocuPen is a handheld color scanner, no bigger than a pen that can fit in your pocket, that helps you scan documents for retrieval later on. Docupen offers a 24-bit color scanning device that is just 8-inches long and less than 1-inch wide, can be easily carried in your pocket, and is USB interfaced in a very simple manner that can download scanned documents to your computer. Few buttons to worry about, and the scanning is simple to accomplish. A slow pass across the page with the “pen” will save the document to the scanner. When you get back to your computer, simply plug it into the USB port. The document is scanned into your computer. The pen can hold about 100 pages in its internal memory. In addition to the color devices, there is also a black-and-white only device available. The manufacturers web site can be found at:http://www.planon.com/ The color version runs for around $300; the B&W one for considerably less, at around $100. It may be a convenience you find worth having.
LEGALLY SPEAKING
Homicide: The killing / death of a human being by another human being.
Murder: Unlawful homicide.
Practically speaking, all “murder’s” are “Homicides”, but NOT all homicides are murders. For example, death caused by another under legal means – justifiable homicide – is still a homicide, but is not an “unlawful” homicide – NOT a murder. A Police Officer shoots and kills another during the proper performance of police duties; “Justifiable” Homicide is ruled; the incident is still a “Homicide” – but NOT a murder.
Homicide: The killing / death of a human being by another human being.
Murder: Unlawful homicide.
Practically speaking, all “murder’s” are “Homicides”, but NOT all homicides are murders. For example, death caused by another under legal means – justifiable homicide – is still a homicide, but is not an “unlawful” homicide – NOT a murder. A Police Officer shoots and kills another during the proper performance of police duties; “Justifiable” Homicide is ruled; the incident is still a “Homicide” – but NOT a murder.
Wednesday, February 14, 2007
The Top Ten Things Law Enforcement Doesn’t Have To Worry About
1. What to do about all those highly qualified recruits who are lined up around the corner.
2. How to spend all that federal money.
3. Missing the season finale of “Dancing with the Stars.”
4. Who will win this season’s “Project Runway” and “Flavor of Love.”
5. Guilt stemming from wealth and a stress-free existence.
6. Who fathered Anna Nicole’s baby.
7. Earthquakes. (East Coast only).
8. Tornadoes (West Coast only).
9. Who actually shot J.R.
10. Answering fan mail.
Reprinted from APB
1. What to do about all those highly qualified recruits who are lined up around the corner.
2. How to spend all that federal money.
3. Missing the season finale of “Dancing with the Stars.”
4. Who will win this season’s “Project Runway” and “Flavor of Love.”
5. Guilt stemming from wealth and a stress-free existence.
6. Who fathered Anna Nicole’s baby.
7. Earthquakes. (East Coast only).
8. Tornadoes (West Coast only).
9. Who actually shot J.R.
10. Answering fan mail.
Reprinted from APB
BACKGROUND SEARCHING THROUGH SOCIAL NETWORKING SITES
Reviewing a recent edition of an investigative magazine, I noticed that corporations are reporting their hiring managers have been researching employment applicants on internet “social networking” sites, and uncovering a lot of interesting information on these prospective employees.“Social Networking” sites are another name for the popular sites such as MySpace.com, Facebook, etc.Not sure which are the popular sites in your area? Ask a teenager! They’ll know! How does this apply to the detective? Recent information also provides information being uncovered on some subjects that reveal another side to him/her that the investigator could find very valuable. For example, evidence of gang affiliation searching through the MySpace pages of a subject may be uncovered through photographs that are posted, web sites they link to, or comments made on their comments pages. Perhaps you’ll find photos posted of people in gang-significant clothing demonstrating gang signs. Certainly an interesting fact to be aware of. A detective had noted one such anecdote. A detective from Victorville, California ran a query using the term “Victimville”, which was a gang-slang for that town, on MySpace. There were about 350 such links, however, a search by the particular gang-name returned a manageable 3-sites; visiting the links on those sites connected to links of friends of those posted, providing a wealth of background information prior to sitting down and interviewing his subject. Certainly something worth keeping in mind. Remember, sometimes the detective doesn’t know what he/she is looking for until he finds it!
Reviewing a recent edition of an investigative magazine, I noticed that corporations are reporting their hiring managers have been researching employment applicants on internet “social networking” sites, and uncovering a lot of interesting information on these prospective employees.“Social Networking” sites are another name for the popular sites such as MySpace.com, Facebook, etc.Not sure which are the popular sites in your area? Ask a teenager! They’ll know! How does this apply to the detective? Recent information also provides information being uncovered on some subjects that reveal another side to him/her that the investigator could find very valuable. For example, evidence of gang affiliation searching through the MySpace pages of a subject may be uncovered through photographs that are posted, web sites they link to, or comments made on their comments pages. Perhaps you’ll find photos posted of people in gang-significant clothing demonstrating gang signs. Certainly an interesting fact to be aware of. A detective had noted one such anecdote. A detective from Victorville, California ran a query using the term “Victimville”, which was a gang-slang for that town, on MySpace. There were about 350 such links, however, a search by the particular gang-name returned a manageable 3-sites; visiting the links on those sites connected to links of friends of those posted, providing a wealth of background information prior to sitting down and interviewing his subject. Certainly something worth keeping in mind. Remember, sometimes the detective doesn’t know what he/she is looking for until he finds it!
Sunday, February 11, 2007
INTERESTING WEB SITES
Autopsy Database:
www.med.jhu.edu/pathology/iad.html
INTERNET AUTOPSY DATABASE - Searchable collection of over 49,000 autopsy facesheets.
Biographical Dictionary:www.s9.com/biography/
BIOGRAPHICAL DICTIONARY - Contains biographical information on thousands of notable people spanning from present day to ancient times
.
Electronic Librarywww.elibrary.com/id/2525/
ELECTRONIC LIBRARY - Search thousands of newspapers, magazines, journals and books using a keyword.
Autopsy Database:
www.med.jhu.edu/pathology/iad.html
INTERNET AUTOPSY DATABASE - Searchable collection of over 49,000 autopsy facesheets.
Biographical Dictionary:www.s9.com/biography/
BIOGRAPHICAL DICTIONARY - Contains biographical information on thousands of notable people spanning from present day to ancient times
.
Electronic Librarywww.elibrary.com/id/2525/
ELECTRONIC LIBRARY - Search thousands of newspapers, magazines, journals and books using a keyword.
Saturday, December 16, 2006
A Modern-Day Jack The Ripper In Ipswich ?
At least five prostitutes have been murdered over the past six weeks in and around Ipswich, north-east of London. Each victim is found naked, dumped in woodlands or in water around the outskirts of the city. The media has dubbed the killer the "Ipswich Ripper" and attempts are being made to draw parallels between this case and that of Jack the Ripper in 1888.
Apart from the obvious similarities in victimology, the major comparison in my opinion is the time-frame in which the murders are occurring. It appears to be quite compressed (five in six weeks), which as serial killers go, is somewhat uncommon. For many modern serial killers, often weeks, months or even years will go by between killings. This "compressed" time scale is somewhat similar to the Ripper killings, which took place over approximately thirteen weeks from August through November 1888. Both timeframes are relatively atypical for serial murders.
It has been suggested that the Ipswich murderer is "increasing in frenzy" as he goes from victim to victim. If this is truly the case, it may be similar to how the original Ripper murders progressed, with ever more violence and depraved mutilation performed on each new victim.
In the end, however, we know so little about the details surrounding these Ipswich murders, and in fact we know so little about who the original Ripper actually was, that any comparisons at this point are purely speculative and academic.
Can't get enough of "Jack The Riper"? Check out the website www.Casebook.org. This article is reprinted from that case study, and many other facts not generally known are revealed and examined. Who knows, you may become a "Ripper-ologist"!!
As to the "Ipswich Ripper", New Scotland Yard has come a long way since the original Ripper stalked Whitechapel in the late 1800's. Forensic science today will no doubt figure in largely when the Ipswich homicides are cleared.
At least five prostitutes have been murdered over the past six weeks in and around Ipswich, north-east of London. Each victim is found naked, dumped in woodlands or in water around the outskirts of the city. The media has dubbed the killer the "Ipswich Ripper" and attempts are being made to draw parallels between this case and that of Jack the Ripper in 1888.
Apart from the obvious similarities in victimology, the major comparison in my opinion is the time-frame in which the murders are occurring. It appears to be quite compressed (five in six weeks), which as serial killers go, is somewhat uncommon. For many modern serial killers, often weeks, months or even years will go by between killings. This "compressed" time scale is somewhat similar to the Ripper killings, which took place over approximately thirteen weeks from August through November 1888. Both timeframes are relatively atypical for serial murders.
It has been suggested that the Ipswich murderer is "increasing in frenzy" as he goes from victim to victim. If this is truly the case, it may be similar to how the original Ripper murders progressed, with ever more violence and depraved mutilation performed on each new victim.
In the end, however, we know so little about the details surrounding these Ipswich murders, and in fact we know so little about who the original Ripper actually was, that any comparisons at this point are purely speculative and academic.
Can't get enough of "Jack The Riper"? Check out the website www.Casebook.org. This article is reprinted from that case study, and many other facts not generally known are revealed and examined. Who knows, you may become a "Ripper-ologist"!!
As to the "Ipswich Ripper", New Scotland Yard has come a long way since the original Ripper stalked Whitechapel in the late 1800's. Forensic science today will no doubt figure in largely when the Ipswich homicides are cleared.
Friday, November 17, 2006
BLACK BOX CRASH DATA RETRIEVAL
Unknown to mostly of the general public, Crash Data black boxes, commonly called Event Data Recorders or EDRs are in almost all commercial trucks and most new cars these days. With in the next couple of years, they will be in all vehicles. Within the next few years, it will become a MUST for all investigators who conduct accident and personal injury investigations to know how to obtain the crash data from black boxes that will be in almost every vehicle. These black boxes, much like the black boxes we hear about in airline accidents, record data pertaining to speed, brake timing, seat belt usage and other data during a vehicle crash. Although this vital evidence will not take the place of an accident investigation in and of itself, it is becoming a vital part of the data the investigator collects to reconstruct the accident. Those investigators armed with the knowledge and know-how on how to do this will be the only investigators who will be able to successfully conduct these types of investigations. It's becoming a vitally important area of conducting personal injury and accident investigations now and this 20 minute digital video gives you a heads-up on this. To find out more about these automobile black boxes, check out the site:http://www.pimall.com/nais/crashdataseminar.html
Unknown to mostly of the general public, Crash Data black boxes, commonly called Event Data Recorders or EDRs are in almost all commercial trucks and most new cars these days. With in the next couple of years, they will be in all vehicles. Within the next few years, it will become a MUST for all investigators who conduct accident and personal injury investigations to know how to obtain the crash data from black boxes that will be in almost every vehicle. These black boxes, much like the black boxes we hear about in airline accidents, record data pertaining to speed, brake timing, seat belt usage and other data during a vehicle crash. Although this vital evidence will not take the place of an accident investigation in and of itself, it is becoming a vital part of the data the investigator collects to reconstruct the accident. Those investigators armed with the knowledge and know-how on how to do this will be the only investigators who will be able to successfully conduct these types of investigations. It's becoming a vitally important area of conducting personal injury and accident investigations now and this 20 minute digital video gives you a heads-up on this. To find out more about these automobile black boxes, check out the site:http://www.pimall.com/nais/crashdataseminar.html
Wednesday, November 08, 2006
The Top Ten Impossible Things To Say When You’re Drunk
1. “I think it’s too soon for us to have sex.”
2. “No thanks barkeep, I’ve had enough already.”
3. “Good evening, officer. Isn’t it a lovely night?”
4. “You’re right.”
5. “I’d love to go home with you, but you’re just not that attractive.”
6. “No thanks. I don’t want any pizza.”
7. “I should probably just keep my mouth shut about it.”
8. “Z, Y, X, W, V, U, T . . . ”
9. “Let’s just talk it through. There’s no need for violence.”
10. “No, I don’t know why you pulled me over.”
Reprinted from APB
1. “I think it’s too soon for us to have sex.”
2. “No thanks barkeep, I’ve had enough already.”
3. “Good evening, officer. Isn’t it a lovely night?”
4. “You’re right.”
5. “I’d love to go home with you, but you’re just not that attractive.”
6. “No thanks. I don’t want any pizza.”
7. “I should probably just keep my mouth shut about it.”
8. “Z, Y, X, W, V, U, T . . . ”
9. “Let’s just talk it through. There’s no need for violence.”
10. “No, I don’t know why you pulled me over.”
Reprinted from APB
Monday, October 23, 2006
Meet Dumb And Dumber: Classic Stupid Robbers
Winston Lamar and Drew Nash. The dopey Floridians were arrested early this morning after Lamar flashed a BB gun and the duo swiped beer from a Stuart gas station. Their first mistake was letting the Speedway worker grab the gun from them. Then they departed with the brew, but left Lamar's ID behind. Not content with those miscues, Lamar, 22, later called the store and asked if he could swing by and retrieve his belongings. Sure, said clerk Marie Blanco. But when Lamar and Nash, 21, returned, they were met by Martin County Sheriff's deputies, who transported Dumb and Dumber to the local lockup.
It's nice to see some things are consistent wherever you work!!!
Winston Lamar and Drew Nash. The dopey Floridians were arrested early this morning after Lamar flashed a BB gun and the duo swiped beer from a Stuart gas station. Their first mistake was letting the Speedway worker grab the gun from them. Then they departed with the brew, but left Lamar's ID behind. Not content with those miscues, Lamar, 22, later called the store and asked if he could swing by and retrieve his belongings. Sure, said clerk Marie Blanco. But when Lamar and Nash, 21, returned, they were met by Martin County Sheriff's deputies, who transported Dumb and Dumber to the local lockup.
It's nice to see some things are consistent wherever you work!!!
Saturday, September 23, 2006
How To Spot An Illegal Script Or Forgery On EBAY
Most dealers advertisting "COPIES" or "REPRINTS" are selling bootleg illegal copies of copyrighted items. Be careful of this scam because many are also associated with illegal forgeries!
How to spot a forgery on Ebay and frequently asked questions on what to do if you have been the victim of a forgery scam.
The police, FBI and Professional Autographed Dealers Association estimates
that 90-98% of the A-list Hollywood Celebrity autographs on Ebay are forgeries or are in some way counterfeit. There is now a firestorm of 20,000-30,000 forgeries, counterfeits and illegal copyrighted items being sold every few weeks. It has become a multimillion dollar business.
Beware of Ebay Dealers with a GOOD feedback rating. That’s right a GOOD feedback rating! The FBI warns that most forgery dealers have good feedback ratings often in the thousands. Just because a dealer shows a good feedback rating does NOT mean the item is authentic, all it means is the dealer has sent out an item in a timely manner. Forgers are very manipulative and will use good “customer service” to mask the fact they are selling forgeries.
Beware of Dealers with a lot of inventory. Celebrities sign a very limited number of items every year. Dealers who claim to have dozens or even hundreds of items from the same celebrity or film production are most likely selling forgeries.
Beware of dealers selling items like scripts or photos that are REPRINTS or COPIES. First, many of theses items are copies of forgeries and Second, most of the items are ILLEGAL copies of copyrighted motion picture and television photos and scripts. If you buy one of these item it is just like buying a bootleg copy of a movie, it’s illegal and you could be held liable so stay away from these dealers. If you want to buy an authorized script copy contact the studio to purchase an authentic copy (not an illegal one).
Watch out for "Listing Tricks": Watch out for listing tricks that sellers use to get out of legal responsibility for selling you a forgery. If an item says “Autographed Photo of Angelina Jolie” They are not claiming the item is SIGNED BY Angelina, they are only claiming that somebody signed it.
Watch out for fuzzy photos and unclear signatures: There are problems with both clear and fuzzy photos. A clever forger may show a picture of an authentic autograph and sell you a false one. Other dealers buy directly from forgers who come close enough to the real signature that they proudly display the forgery with a crystal clear photo. But a dealer who won’t even show a clear photo or clear signature is definitely suspect and probably avoided.
Watch out for Trick Certificates of Authenticity: COA’s can be printed on any paper by anyone unless the COA specifically holds legal claims that the item is real and the person takes legal responsibility. If it is otherwise the COA is just a trick and false sense of security. Insist that a COA has a live signature and the person claiming legal responsibility’s name is printed clearly under the signature. Make sure the COA states that the item is a legal original autograph signed BY the celebrity in question and that further the photo and or script the signature is printed on is authorized by copyright and trademark laws and by the owner of the trademark.
Don’t buy from dealers who will NOT allow you to authenticate the item before you send the money: Make sure the seller has a notice in their listing that allows winning bidders to authenticate the item before the buyer send payment. A seller who does not offer this service is probably trying to trick you into buying the item. A money back guarantee is not enough because a forger will make off with your money.
Google Ebay Seller forgery lists: Consumer Advocates have set up lists of Ebay sellers who are thought to be selling forgeries. Check out the lists and make sure you aren’t buying from one. X-LIST ect..
WHAT TO DO IF YOU PURCHASED A FORGERY OR ILLEGAL COPYRIGHTED ITEM?
1) Immediately contact the police and file a report. Your local police department is required to take the report and they will be forwarded to the district of the seller. DO NOT let the police department tell you only to report it to EBay because Ebay does not have the authority to press criminal charges. If criminal charges are brought the seller may be required to pay restitution and refund all the victims money. A criminal court order can NOT be bankrupted so it is a legal judgment that the convicted criminal is required to pay.
2) After filing a police report then report the incident to Ebay’s Fraud Department and submit the police report number.
3) Leave negative feedback on the seller to warn other buyers.
4) Contact the studio and celebrity and provide the police report number.
5) Contact Paypal or your Credit Card and initiate a dispute to get your money back.
Finally, in your letters to the studios and celebrities formally request that they implement a forgery prevention program. The FBI has suggested a forgery prevention program to the studios and celebrities using a tamperproof holographic label and it will virtually SHUT DOWN forgeries and illegal copies. It only costs a few pennies but the studios and celebrities are waiting for the public to show interest in forgery prevention so your voice definitely makes a difference.
To contact the celebrities regarding forgeries address to:
Screen Actors Guild
Forgery Prevention
Alan Rosenberg; President
5757 Wilshire Blvd.Los Angeles, CA 90036-3600
FAX NUMBER: (323) 549-6677
FBI Contact Information:
Forgery Program is called Operation Bullpen
san.diego Telephone: (858) 565-1255
Most dealers advertisting "COPIES" or "REPRINTS" are selling bootleg illegal copies of copyrighted items. Be careful of this scam because many are also associated with illegal forgeries!
How to spot a forgery on Ebay and frequently asked questions on what to do if you have been the victim of a forgery scam.
The police, FBI and Professional Autographed Dealers Association estimates
that 90-98% of the A-list Hollywood Celebrity autographs on Ebay are forgeries or are in some way counterfeit. There is now a firestorm of 20,000-30,000 forgeries, counterfeits and illegal copyrighted items being sold every few weeks. It has become a multimillion dollar business.
Beware of Ebay Dealers with a GOOD feedback rating. That’s right a GOOD feedback rating! The FBI warns that most forgery dealers have good feedback ratings often in the thousands. Just because a dealer shows a good feedback rating does NOT mean the item is authentic, all it means is the dealer has sent out an item in a timely manner. Forgers are very manipulative and will use good “customer service” to mask the fact they are selling forgeries.
Beware of Dealers with a lot of inventory. Celebrities sign a very limited number of items every year. Dealers who claim to have dozens or even hundreds of items from the same celebrity or film production are most likely selling forgeries.
Beware of dealers selling items like scripts or photos that are REPRINTS or COPIES. First, many of theses items are copies of forgeries and Second, most of the items are ILLEGAL copies of copyrighted motion picture and television photos and scripts. If you buy one of these item it is just like buying a bootleg copy of a movie, it’s illegal and you could be held liable so stay away from these dealers. If you want to buy an authorized script copy contact the studio to purchase an authentic copy (not an illegal one).
Watch out for "Listing Tricks": Watch out for listing tricks that sellers use to get out of legal responsibility for selling you a forgery. If an item says “Autographed Photo of Angelina Jolie” They are not claiming the item is SIGNED BY Angelina, they are only claiming that somebody signed it.
Watch out for fuzzy photos and unclear signatures: There are problems with both clear and fuzzy photos. A clever forger may show a picture of an authentic autograph and sell you a false one. Other dealers buy directly from forgers who come close enough to the real signature that they proudly display the forgery with a crystal clear photo. But a dealer who won’t even show a clear photo or clear signature is definitely suspect and probably avoided.
Watch out for Trick Certificates of Authenticity: COA’s can be printed on any paper by anyone unless the COA specifically holds legal claims that the item is real and the person takes legal responsibility. If it is otherwise the COA is just a trick and false sense of security. Insist that a COA has a live signature and the person claiming legal responsibility’s name is printed clearly under the signature. Make sure the COA states that the item is a legal original autograph signed BY the celebrity in question and that further the photo and or script the signature is printed on is authorized by copyright and trademark laws and by the owner of the trademark.
Don’t buy from dealers who will NOT allow you to authenticate the item before you send the money: Make sure the seller has a notice in their listing that allows winning bidders to authenticate the item before the buyer send payment. A seller who does not offer this service is probably trying to trick you into buying the item. A money back guarantee is not enough because a forger will make off with your money.
Google Ebay Seller forgery lists: Consumer Advocates have set up lists of Ebay sellers who are thought to be selling forgeries. Check out the lists and make sure you aren’t buying from one. X-LIST ect..
WHAT TO DO IF YOU PURCHASED A FORGERY OR ILLEGAL COPYRIGHTED ITEM?
1) Immediately contact the police and file a report. Your local police department is required to take the report and they will be forwarded to the district of the seller. DO NOT let the police department tell you only to report it to EBay because Ebay does not have the authority to press criminal charges. If criminal charges are brought the seller may be required to pay restitution and refund all the victims money. A criminal court order can NOT be bankrupted so it is a legal judgment that the convicted criminal is required to pay.
2) After filing a police report then report the incident to Ebay’s Fraud Department and submit the police report number.
3) Leave negative feedback on the seller to warn other buyers.
4) Contact the studio and celebrity and provide the police report number.
5) Contact Paypal or your Credit Card and initiate a dispute to get your money back.
Finally, in your letters to the studios and celebrities formally request that they implement a forgery prevention program. The FBI has suggested a forgery prevention program to the studios and celebrities using a tamperproof holographic label and it will virtually SHUT DOWN forgeries and illegal copies. It only costs a few pennies but the studios and celebrities are waiting for the public to show interest in forgery prevention so your voice definitely makes a difference.
To contact the celebrities regarding forgeries address to:
Screen Actors Guild
Forgery Prevention
Alan Rosenberg; President
5757 Wilshire Blvd.Los Angeles, CA 90036-3600
FAX NUMBER: (323) 549-6677
FBI Contact Information:
Forgery Program is called Operation Bullpen
san.diego Telephone: (858) 565-1255
INTERESTING WEB SITES
Investigators Guide To Sources Of Information
http://www.gao.gov/special.pubs/soi.htm
Investigators Guide To Sources Of Information
http://www.gao.gov/special.pubs/soi.htm
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