Mission Statement: “Striving to improve the quality of writing reports will improve the quality of the private investigation industry”
By: Susie Wright
SUB
ROSA, A
Latin word meaning - “Under the Rose or under ground”, `a couvert, a French
word meaning “under the cloak of; or behind the scenes,”
sotto voce, an Italian word meaning
“under the breath, with baited breath – in a whisper.”
TOPICS COVERED IN THIS ARTICLE:
·
How to take a comprehensive assignment
·
What questions do I ask?
·
How to summarize your investigation
·
Sample Sub Rosa Report
(for a Workers’ Compensation claim), (not domestics).
· A guide for employers and employees on writing surveillance reports
·
Report tips
Q:
Is
there Any One Format that is the Best to Use?
A:
The one you and your clients are mutually satisfied with, and one you continue to improve upon
is the
best format.
AOE/COE - Sub Rosa Reporting:
AOE means ‘Arising out of Employment’; COE refers to ‘Cause of Employment’.
HOW TO TAKE A COMPREHENSIVE WORKERS' COMP. SUB ROSA
ASSIGNMENT:
When
sub rosa assignments have been received, acknowledge receipt of
same to your clients. If you have
questions about the assignment, now
is the time to ask them. Sending an
Acknowledgement of Assignment letter, fax or e-mail is always proper and
appropriate. A telephone call
establishes additional rapport with your clients. In addition, this
voice-to-voice contact provides an opportunity to obtain additional assignments
from your clients.
Q: What Questions Do I Ask My Clients?
A:
Does the claimant have an upcoming scheduled appointment with
a physician, physical therapist, etc.? Find
out and be there to film their activity.
· Clearly determine how many hours or days your clients want
authorized on each and every case. Making
a unilateral decision to work over that authorized time, expecting to be
compensated, can cause ill will between you and your clients.
If you have not obtained the desired surveillance results and you are
nearing the expiration of your authorized time, contact your client right away,
and apprize them of the status of your surveillance.
· For employees,
maintain close communication with your supervisor or employer, providing frequent
status updates on your cases. Follow their instructions on how to proceed. When working
surveillance, the unexpected usually happens. Maintaining daily
multiple contacts with your
office is important. Sometimes, the
best intentions fail during surveillance activity,
and
the ability to think quickly to avoid compromising your surveillance
is paramount.
· Obtain a comprehensive physical description of the
individual you will be surveilling, to include height, weight, hair color, distinguishing
characteristics such as tattoos, scars, etc.
Determine who resides inside the residence with the Claimant. Are there any
relatives that could be mistaken for the Claimant? (This is one way to avoid filming the wrong individual).
· Obtain full disclosure of the injuries and limitations the Claimant has alleged. A report is only as good as the information supplied and the investigation performed.
·
Ask if the Claimant has a known pattern of
activity.
·
Make sure you have a description of the Claimant’s vehicle(s)
license plate(s), the color, make and model for identification purposes while
you are in the field.
·
Lay your groundwork before your field work.
·
If you have an assignment sheet created, use it.
Update it as you gain more experience.
This will help eliminate the need to contact your clients multiple times
to ask questions about your assignment.
·
Focus on obtaining all of the information about the case during your
initial conversation with your
clients.
·
Clearly define the parameters and clients’ expectation when taking
an assignment and stay within
them.
·
Ask if there is an MSC (Mandatory Settlement Conference), deposition,
hearing or trial date coming up. If it is sooner than later, the client may want
you to work the case as a “RUSH“.
Typically a higher hourly rate is charged.
· Note: For employees: This means, you notify your supervisor or employer of your caseload and the status of each of your cases, in order to bring your employer up to date on each case. This provides your employer with the flexibility to re-assign some of your cases to another investigator or make other decisions in the best interest of the client, allowing you to focus on the “RUSH” assignment. Being a responsible employee and learning to write reports will make you invaluable in this business.
For Employers: Keep your clients informed about the status of your investigation. Allow your clients to authorize or decline additional activity. There may be information about the case that has not been disclosed to you.
Some
clients prefer to read a Summary of your surveillance results, including results of your
videotape evidence, rather than reading your entire report.
Providing your clients with a comprehensive and complete report is a
good business practice, especially if the matter goes to a court of law
down the road. In addition, it covers you and your business from exposure
to liability issues. Advising your clients that you will provide a Summary section for easy access is an appropriate solution for
all individuals.
Keep
your summarization just that - a generalized summary, focusing on key events. Go back and re-read your report.
Are there unnecessary words or sentences that can be removed without
changing the meaning or leaving important information out?
There is also a temptation for some to re-tell the entire investigation under the “Comments” section of the report. Don’t.
Remember
that remarks are presented briefly in this area. Providing suggestions, or other
avenues of investigation, allows
your clients the option of choosing whether additional surveillance activity
should be undertaken.
In
general, it is appropriate and acceptable to telephone your clients with your
findings. Some will say, "just send me a report in the mail", while others
will appreciate that you took the time to call and update them. Note: This is also another opportunity to receive new
surveillance cases! Don’t pass
this up.
Listen
to the tone
of these phrases below when suggesting additional investigation be considered:
· Should you wish us to continue with additional surveillance efforts
on a weekday, please notify our office immediately.
·
Apparently the Claimant is choosing
to remain indoors, maintaining a low profile at the present time…(You
suggest other avenues
of surveillance activity,
for example, the Claimant has a scheduled doctor’s appointment on Wednesday, July 12,
2001 at 3:00 p.m. with Dr. Walker.
If you would like additional surveillance activity performed on this
date, please advise our office.)
Phrases
to Avoid
“In
our opinion”
“We think you should”
"The Claimant has committed fraud"
Q:
I was traveling behind the Claimant on Maple Street and lost sight of
their vehicle. What do I write in
my report?
A:
The truth. There are many legitimate
reasons why a subject is lost from view while being followed in a vehicle.
Many investigators have gone through this, and the incident is not easy
to forget! There are situations beyond our control, especially when you are
dealing with surveillance cases. Report
it and move on. How you report it is of consequence, however.
Below are three suggested avenues to consider:
1.
Due to heavy construction in the area, we temporarily lost sight of the
Claimant. Moments later, we located
the claimant’s vehicle parked at the North Hills Mall in Los Angeles, CA.
2.
Due to heavy traffic (or weather conditions) in the area, we lost sight of the
Claimant. We canvassed the immediate vicinity, however, were unable to locate
the claimant. We elected to travel back to the Claimant’s residence and remain for a limited time, to see if he/she returns home.
3.
The subject was traveling at approximately 80 mph in the carpool lane on
the 405-Freeway in Los Angeles, CA. We
attempted to keep the subject in view, however, elected to discontinue efforts
as a safety measure.
Q:
I filmed the wrong subject! What
do I do?
A:
Tell the truth. Ask yourself, what made you film the wrong individual in the first place?
You
will have to go back and film the correct individual and, most likely, will take
a hit on monetary compensation.
Q: I was on surveillance. After about one hour, local law enforcement approached my vehicle. I later learned that neighbors in the vicinity telephoned police, reporting my presence in the area. I have compromised the case. How can I prevent this from happening again?
A: Did you check in with local law enforcement agencies in the area and advise them you would be conducting surveillance in a specific area? If not… bummer. If multiple neighbors observed YOU… brush up on your sub rosa skills especially in small neighborhoods or in secluded areas.
Q:
I started my surveillance activity at 5:30 a.m. At 9:00 a.m. there was
still no activity. I found
out later no one had been home. The Claimant was away on vacation! How could I have avoided this problem?
A: Utilizing a suitable pretext, place a telephone call to the location you are surveilling. You can determine if your subject is there before spending 3½ hours of your client’s money sitting in your vehicle. At this point your report will read, “5:30 a.m. to 9:00 a.m. No activity noted."
Check
with the Claimant's neighbors. Oftentimes
they are of great benefit in providing information on the whereabouts and daily
schedules of their neighbors. See
if the blinds or curtains at the location you are surveilling are open or closed. Are
there any signs of activity at the residence such as lights illuminating or
music playing?
Are there any vehicles parked in or near the
residence that are registered to the Claimant? These attempts
to determine if the Claimant is home should be included in your report.
For employees: Honesty vs. Misconduct during a surveillance:
After 23 years in this business, I still hear about new and seasoned employees or subcontractors that leave their surveillance location. Trust my experience new investigator, when I tell you, “YOU WILL BE CAUGHT”! If you are dumb enough to try this scam, you are dumb enough to get caught. In addition, your career as an aspiring private investigator will cease, along with your name and stellar ‘reputation’ following you on every P.I. listserve there is, not to mention word of mouth. Now where was I?