October 10, 2004 Issue #3 President Joan M. min Schutz, PHD and Andy Straka of Virginia. Press Release The morning seminar included a panel Beach Sworn In discussion involving Dr. Schutz, Mr. Gores, Destination: Alan Marr, Al Farr and Kitty Hailey discussing Lisbon Portugal for 2005 AGM By Lois Colley, USA "The Then" (of Private Investigations). The First Vice President Jay Groob has an- afternoon session included Mr. Straka, and Joan M. Beach was sworn in as President nounced the 2005 Annual General Meeting CII members Paneen Allen, Steve Bibler, and at the 2004 AGM held in her hometown of will be held September 6-10, 2005 in Cas- Alexandria, VA. In addition to assuming sias, Portugal, located just outside of the presidency, President Beach was the Lisbon, one of the top five convention organizing chairperson and conference sites in the world. Jay Groob and CII host. The 2004 AGM was very well at- member Roy W hitehouse will host the tended with over 194 attendees. The conference. Robert Dudash and Ponno seminar program embraced the theme of Kalastree will assist in planning. Roy "The Then and the Now" and also com- W hitehouse reports that Lisbon is excep- memorated CII for 50 years of excellence tionally accessible, with direct flights from as an association. (1954-2004). Guests a number of geographical locations, in- included Senator Patricia S. Ticer, 30th cluding England, Spain, France, Canada, Pawan Ahluwalia, Robert Dudash, and Ponno Kalastree... District of Virginia, USA; Honorable Johanna and the United States. Vicki Marr representing "The Now" (of Private L. Fitzpatrick, Court of Appeals, Mystery According to Groob, it is one of the least W riters Joe Gores of California, and Benja- Investigation). Luncheon speaker was Attor- expensive destinations in Europe, with a ney Peter Greenspun, Esq. of the now infa- good public transportation system. The con- mous "DC Sniper" case. A Networking Tour ference will be held at the Hotel Baia in Cas- In This Issue: was conducted on Friday September 10, sias, where all of the rooms have balconies which included a well-received trip to The Spy FEATURE ARTICLE: Page 2 overlooking the ocean. Although the climate The CIA‘s Work Must Not Museum. The highlight of the AGM was per- is known for its long, hot summers, the Be Im peded By Politics haps the Dancing and music by The HUB- weather should be fantastic at the time of our Fact vs. Fiction: Page 2 CAPS in the Grand ballroom of the Hilton Conference in early September 2005. Roy The Image of the Private Investigator in Literature Hotel on Friday evening. This event was W hitehouse and Jay Groob are seeking preceded by the Silent Auction, which gener- Licensing and Cooperation Page 4 themes for the 2005 AGM and welcome any between the Public and ated proceeds of $5824USD. The Gala and suggestions for conference speakers or Private Investigation Sectors Banquet was held on Saturday, September 11 topics from our membership. Members, this Private Investigation in Page 5 with Master of Ceremony Rodney W ebb, and China: Is There Such a is your conference, so get involved! Thing? keynote speaker Judge Johanna L. Fitz- 2004 AGM Silent and Live Page 5 patrick, who swore in President Beach. More Auction is Financial Success dancing was held with the DESIGNER Member News Page 6 SOUNDS following the Black tie Gala and Legislative News from Page 7 Banquet. Around the W orld The International Councillor Staff CII Gossip Column Page 11 Close call with the POD Page 11 Editor: (”Pals of Derek‘) Football! Jimmy Gahan

Committee Appointments Page 12 Assistant Editors: From 2004-2005 Lois Colley Sheila Kalastree Officers and Board Members Page 12

The CIA‘s W ork and analyzed, and they may make it worse. overcome the diplomatic, political and legal Must Not Be Im peded US intelligence agencies and their foreign obstacles to implementing paramilitary cov- counterparts are already functioning at full ert activities, let alone maintain the speed By Politics capacity and are aware of the need to co- and efficiency with which the CIA can carry ordinate intelligence. Restructuring can do them out. By Jack Devine little to improve the situation or provide Finally, embedded in the report is a rec- greater security for America and its allies. ommendation to create a new agency to Demands for U.S. intelligence reform No matter which path we pursue–that exploit open-source-data from the internet, have arrived in the high season of presiden- recommended by the 9/11 ...the CIA‘s resources foreign language broadcasts tial politics. This is regrettable. W hile no commission and endorsed to hire, train, and de- and media publications–a one questions the need for structural and without reservation by John ploy —spym asters“ task that is already part of budgetary changes, Partisanship could un- Kerry or the modified pro- abroad m ust be sub- the every-day work of CIA stantially increased... dermine meaningful reform and impose an posal by George W . Bush–it analysts. This represents urgency on the process that would be both is critical that we strengthen, not weaken, the yet another costly redundancy. unrealistic and counterproductive. At the CIA and its ability to —collect the dots“. The congressional process is indispensa- same time, there is an exaggerated focus on First, Congress must make it a priority to ble to good government when it works in the the need to improve the co-ordination of confirm Porter Goss as the new CIA director. interest of the nation rather than political intelligence data between government de- In addition to his considerable congressional parties. This can be such a moment. The partments–to —connect the dots“. intelligence oversight experience, Mr. Goss 9/11 commission‘s recommendations for Breaking down bureaucratic barriers to offers the unique advantage of having actually intelligence reform must be thoroughly re- analysis is legitimate and laudable. But we served in the CIA as a —clandestine operations view and debated in a non-partisan manner. must not lose sight of the fact that the most office“. His detailed understanding of covert Only if this is done will the CIA be strength- important task is —collecting the dots“. The operations abroad–both their strengths and ened, as it should be. Central Intelligence Agency is the —point of weaknesses–will eliminate the need for a the lance“, heading efforts to obtain intelli- lengthy period to get to know the agency and Jack Devine is a former CIA associate deputy director of operations and president provide extraordinary insight into managing gence abroad and penetrate and destroy of The Arkin Group, a New York intelligence terrorist cells. Since September 11 2001, reform there. consulting firm. This article first appeared in the August 18, 2004 edition of the Financial Second, the CIA‘s resources to hire, train, the CIA has done a highly commendable job, Times and is reprinted here with the author‘s as demonstrated by the recent arrest on and deploy —spymasters“ abroad must be kind permission. Pakistan of Mohammad Naeem Noor Khan, substantially increased. The agency has a computer engineer allegedly involved in been stretched thin covering the terrorist running a communications system for al- threat, Iraq and other priorities that pre-date Qaeda leaders. It is essential that we do not September 11. undermine the agency‘s operation capability The proposed National Counter Terrorism while creating a W ashington-based bureauc- Center (NCTC) must be tied to the CIA, no to racy. the new national intelligence director, and it The 9/11 commission‘s proposals must should be led be a senior CIA official with Fact versus Fiction: be taken for what they are: thoughtful rec- direct access to the CIA director. Intelligence The Im age of the Private ommendations, no infallible collection, analysis and plan- Investigator in Literature truths. The congressional ...Congress m ust m ake ning must be part of the same hearing have revealed that it a priority to confirm chain of command. Other- Porter Goss as the new wise, we risk making deci- By Joan Beach and Lois Colley implementing the proposed CIA director... changes will be complicated sions based on disjointed, and they have reinforced what intelligence faulty intelligence and analysis. Above all, the Is truth really stranger than fiction? Are professionals already know: that, above all, temptation to create another free-standing all PI‘s miserable? W riters, psychologists reforms needs to be done right, rather than intelligence agency must by resisted. and private investigators united in Alexandria quickly. Paramilitary covert action should remain a to discuss the evolution of the role of the If thoughtfully implemented, the commis- CIA function. The 9/11 commission recom- Private Detective. Guest panelists included sion‘s recommendations may streamline mends transferring such operations to the mystery writers Benjamin Schutz, Ph.D., Joe intelligence and budgetary activities, but they Department of Defense. If there were to oc- Gores and Andy Straka. Following the pres- will not improve how intelligence is collected cur, it is difficult to imagine how the US would entation, many of their books were person-

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ally autographed and offered for sale. W hile cisco in the 1960‘s, Gores enlightened us as ”FUTURE‘, some of us should start writing the writers humbly down played their own to how every day —real life“ experiences pro- ”TRUE‘ stories, that could be better than talent, they enthusiastically absorbed first vide a wealth of great stories to transpose into fiction,“ offered Marr. W hile noting that his hand information about the industry from the interesting fiction. Gores affirmed a common six foot three inches and two hundred and private investigators in attendance. theme throughout the day--the myth and real- thirty pound frame may stereotype him as a As panelists in the morning and afternoon ity of being a private eye remains intertwined police officer, Marr has accepted his fate as sessions delved into heavy topics such as in the public consciousness. And Gores a PI in the —new world“ where he cannot the role and image of the private investiga- should know considering he worked as a PI bend the rules or draw on the co-operation tor, past and present, lighter topics such as before creating fictional characters and tele- of old law enforcement friends still working in the benefits of —kitty litter“ for female surveil- plays for Columbo, Kojack, Magnum, P.I., the public arena to ease the pains of his lance investigators emerged to keep the Mike Hammer and Remington Steel. daily duties as a PI. audience light hearted. Every —PI wannabe Author Andy Straka found the experience According to Marr, —Perhaps writing may author“ in the room savored the experience of serving on the afternoon panel —humbling.“ become a more profitable way to earn a of meeting and interacting with successful According to Straka, he especially enjoyed living, but until that time I for one am happy published authors who center their literary being able to —to draw upon the knowledge to continue as a member of C.I.I. and enjoy works on investigators as fictional charac- and experience of the many outstanding pro- great seminars.“ ters. Panel commentator, writer and psy- fessional investigators and authors in atten- W hile thoroughly enjoying the discus- chologist, Benjamin Schutz, Ph.D did a su- dance.“ Straka was quick to define the image sion, CII panel participant Paneen Allen, of perb job as commentator. In between keep- of the PI as evolving. According to Straka, Arizona USA, noted that greater worldwide ing the panel and audience interactive and —Just as the work of private investigators has representation was needed on the panel. participatory, Schutz was noted to be evolved over the past thirty years, publishing This valuable insight raises the issue faced —furiously“ recording anecdotes for future books and creating television shows about by all seminar planners, specifically, how to books. So what did Schutz really learn? private eyes has changed.“ have noteworthy speakers representative of —First and foremost, ”PI‘s love their work---cut Several CII members participated as pan- all areas of the world that do not require the angst‘.“ That must mean that future elists offering valuable insight. Panel member compensation for their time and travel ex- works by Schutz will portray the investigator Vicki Marr, of Scotland Yard noted science is penses. Paneen Allen was also quick to smiling while performing yoga on a beach in ahead of fiction. According to Marr, note that unlike the novelist, a real PI should Malibu? I doubt it. On a more serious note, —Tremendous strides are being achieved by never be the central part of the investigation. Schutz was quick to conclude that today‘s scientists, especially in the field of DNA ex- —How irritating is it when you get an investi- law enforcement protecting today‘s world amination.“ For example, London‘s Metropoli- gative report all about what the investigator need us as much as we need them. That is tan Police has adopted obtaining a DNA sam- did and very little about what the subject a welcome ple from everyone did?“ change for our that comes into Kitty Hailey, PI from Philadelphia PA and profession. custody for a crimi- morning panelist claims the seminar allowed Panelist nal offense as stan- her to conclude that she takes our profes- and successful dard operating pro- sion —W ay too seriously“. According to writer, past cedure. On a Hailey, —I tend to get annoyed at writers who president of lighter note, Marr paint our profession in light of the fictional Mystery W riters notes that differ- stereotypes. Now that I have had a chance of America and ences in the legal to speak with these distinguished gentlemen Edgar W inner, systems of our who write, I realize that I probably could and Joe Gores fits various countries should lighten up a bit. They are not at- the image and and municipalities tempting to portray us as we truly are. If I persona of the contribute much want to paint the other picture, the one of the former PI needed fodder to very hard working crazed investigator, I'll just turned success- the world of fiction. have to write about him or her myself.“ ful author. The Jay Groob, Boston USA and Rodd W ebb, Perth Australia... Morning panelist Steve Bibler, owner of Covert Investiga- audience hung on every word that Gores Alan Marr, was quick to encourage would be tions, was an afternoon panelist. According offered. Gores provided a straight line be- writers to pick up the pen. —I am sure all of us to Bibler, the most interesting discussion for tween fact and fiction. Drawing upon his have some great stories to tell œ these would him concerned the stereotypes of the female experiences as a —repo-man“ in San Fran- be for real. So perhaps looking into the PI. According to Steve, there were some

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disagreements within the crowd but every- but it is important to understand, because of companies confront a lot of illegal activity, one seemed to agree that attitude and hard this law, the private investigation business including but not limited to criminal activity; work were critical to female PI‘s being able sector has been more or less accepted by counterfeit, fraud, theft, etc. resulting in se- to overcome public sector vere financial losses to our business world. the stereo- law enforce- Investigating these issues is within the types. ment. expertise of private investigators. But, we —There were The coop- sometimes do not have access to the infor- some dis- eration be- mation or methodology required. For exam- agreements tween the ple, if a private investigator wants to carry within the public and out a detailed pre-employment check, the crowd but private sector useful and relevant databases that are le- everyone is very inter- gally accessible within the EU are very lim- seemed to esting and ited. Jouni Heikkenen, Fred Dehmel, Pawan Ahluwalia, Carlos Mendez, and Ponno enjoy the Kalastree only in its first In the current times, where big multina- topic… what came out of this discussion was phase. In Belgium, we consider it as one of tionals are very vulnerable to terrorist at- that while stereo types may not be fading the challenges in our sector, to work out a tacks, the means to utilize databases and fast enough, the determination of the profes- legal and constructive cooperation with law other information resources for our business sional woman investigator has not.“ enforcement. needs should be maximized for the private Panel member Alan Farr, owner of A. L. However, because there is so much confu- sector of investigators, in order for us to Farr & Associates, cited a host of positive sion regarding the licensing, what follows are advise our clients appropriately. experiences from the seminar. Farr found the basic rules to carry out private investiga- A university study confirms that most law Alan Marr‘s insight regarding the national tions in Belgium detailed as follows: enforcement personnel are interested in and security issue extraordinary and informative - Educated in Belgium or educational able to utilize the overlap between private and his humility in transitioning from the equivalent of a quality meeting Belgium investigator intelligence and types of crime public to the private sector humbling. Addi- standards affecting private companies. tionally, Farr felt that without question, Kitty - Law-enforcement service of five years In this mentioned university study, it was Hailey's experiences and "props" took the or greater proven that —in the field“, there is very good humor award for the day. Authors Gores, - Good morale conduct and effective cooperation between law en- Straka and Schutz were available after the Foreign colleagues cannot perform investi- forcement and the private sector. However, seminar to personally autograph their books. gations in Belgium, even if doing so in con- legally this is not without danger for both Autographed copies are still available for junction with a Licensed Belgian Investigator. parties. sale. Any private investigator, foreign or otherwise, Therefore, in Belgium, we have begun is required to have a Belgian License, even if dialogue and meetings with Public Prosecu- For further information contact he or she performs the assignment in con- tors (mostly the young generation of magis- joanmbeach@ aol.com junction with a Licensed Belgian investigator. trates) who are very willing to work out a (Editor‘s Note: Maybe that‘s the fun part about writing! Turning a real live character like Alan Marr Large consultancy firms like Ernst &Young transparent and legal way to cooperate with and Price W aterhouse, who don‘t have a the private sector. license, have been illegally hiring local private Licensing and investigators to assist them with their investi- Michel Jozef welcomes reaction from any of the readers. gations. The Belgium licensed private investi- Cooperation between the Public and Private gator must perform all of the investigation. Readers may comment via email privately to mdk@ dekort-partners.be Let‘s face it: It is accepted worldwide that Investigation Sectors or have their comments published by the public sector alone is incapable of fighting responding to lec@ colleypi.com. crime without the private sector‘s assistance. By Michel Jozef, Antwerp, BELGIUM The public sector is more and more focused

In Belgium, the business of private inves- on security issues, which have a political an- tigation has been licensed since 1991. This gle to them. In fact, it appears that modern means that not just —anyone“ can become a day politics sets the priorities for law- private investigator in Belgium anymore (or enforcement. The priorities for fighting crimes in other countries of Europe). It is not my are dictated by political strategies and the intention to go into detail regarding this law, ability to garner votes. Meanwhile, private

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Private Investigation in Security Bureau came to my side immediately and essential government approvals that China: Is There Such A to identify themselves, and explained that this must be in place before we can conduct our was a raid as the event was illegal, and they business - which is routine for most of us Thing? started interrogating us. that comes from democratic societies where

Fortunately, we had all the necessary invi- there is some freedom of speech and action. By Ponno Kalastree, Singapore tation letters and documents in place. Appar- W hat is normal business practice for us is a ently, our presence and stay at the military privilege to our counterparts in China. In June 2004, Ponno Kalastree, former academy in China was unwelcome, as the As a foreigner, I do not bear any resent- CII President and Chairman returned from Organizers did not register our names with the ment against the Chinese government offi- Shenyang, northern China where he was the government. Meanwhile, we heard that cials for the incident, which had caused guest of honor and speaker for the formation some arrests were being made, but we wastage of financial resources, time and also of the inaugural China Detective Association. did not see the dramas, which took place at emotional distress. Perhaps it is because I W hat follows is a written excerpt from Ponno the function hall. come from Singapore where we have an Kalastree‘s experience. One of the organizers came up to our room awareness of how authorities and busi- —It was to be an exciting event for all of and gave us 10 minutes to pack, and then nesses operate in this part of the world. W e us. My chosen topic was Building Interna- huddled us in a taxi. They told us that we have some inclinations on what lies beneath tional Strategic Alliances from East to W est. have to move and they are taking us to an- the rosy appearances that is portrayed to the I was invited as the keynote speaker. There other hotel. On route, they took us to a res- rest of the world. was also a seminar alongside this event. taurant where they wanted to host us lunch. I admit I felt like a fugitive and my only Heretofore, the Chinese investigative profes- W e did not even get to taste the first crime was accepting an invitation to speak at sion had not been formally recognized a conference and assist in the devel- as they are not licensed, and they have opment of an young and growing in- to operate under the front of other dustry. It was disappointing but I take industries such as law firms and busi- this obstacle as a challenge, and share ness consultants. the determination of our Chinese coun- Hence, this Shenyang event in terparts. I am pleased to hear that 2004 was to be a milestone event. there are intentions to regulate the There were over 30 reporters from all private investigations industry, which over the country. There were 200 dele- will at least give the profession a legiti- gates from at least 10 provinces in Hanzhou conference... mate standing in the country's econ- China. Dora and I received a warm bite of the delicious spread that was ordered omy. reception as the VIPs. The event was for us, when our hosts received a call. Imme- I hope the experience I am sharing with hosted at a military academy. W e were diately, they told us that we had to leave you gives you an insight on building bridges assured that the necessary approvals are in Shanghai and organized for us to go to the between East and W est. place. airport right away. W e had no flights arranged At the morning of the Opening Day, we as we were suppose to only leave Shenyang Please email your comments to prepared ourselves for the big event. W e Ponno Kalastree at after the event, so we had to make our own went down to the function hall but we were p.kalastree@ mainguard-intl.com.sg arrangements. told to go back to our suite, as people To read about the Shenyang After that, we made no contact with the started huddling around us. The Opening meeting, you can visit BBC news at Organizers of the event so as not to cause http://news.bbc.co.uk/go/pr/fr/-/2/hi/ Time was postponed, we were told due to asia-pacific/3782855.stm them undue distress. Dora and I did remain some technical issues. W e did not suspect proceeded to Shanghai (Eastern China), as anything amiss, and thought it was a minor we had other associates there and business organizational issue. Reporters then started 2004 AGM Silent and meetings lined up so we only just returned this coming up to our room to conduct interviews. Live Auction is weekend. Around 9.15 a.m., while there were re- As you can tell, it was indeed an eventful Financial Success porters in our room, officials from the Public and dramatic trip. For me, it was a learning Thanks to all CII members, spouses and Security Bureau barged into our suite. They experience in doing business with China. Friends of the Council who supported the demanded identification from all of us includ- Most of us are so caught up with the eco- Silent Auction. The Auction reports pro- ing the reporters who were pulled aside for nomic potential of lucrative markets like China ceeds totaling in excess of $5,824USD. The questioning. An interpreter from the Public that we overlook the strict rules, regulations committee wishes to give —special recogni-

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tion“ to the following individuals for their Charlotte Cochrane Mem ber News American International Group Inc. support: Surrey ENGLAND

BIG SPENDERS aka "HIGH BIDDERS": www.aig.com Mike Russell*, Jim Kerins, Jim Kirby, Alana New Officers: 44.208.649.6753

& Jack Burke, and Trish Dehmel (sorry Congratulations to Bertram "Bert" S. Robin Brewer Fred); Goolam Monsoon, Charles Rahn, Falbaum (newly elected 3rd Vice President), Johnston Brewer Detective Service Inc. Brian King, Helen Davies and Tom Davies. Nancy S. Barber (newly elected Council Memphis, Tennessee, USA www.brewerdetective.com Secretary), and Steven L. Kirby (newly ap- PREPARATION, PROMOTION, DISPLAY: 901.327.1818 pointed Council Treasurer). Linda Cooney, Virginia, UA Gary Bartolotti Sharon Spates, Virginia, USA G.A.B. Investigations Haylee Cousins, Virginia, USA 2004 MSA Award: Pleasanton, California, USA Alana Burke, Illinois, USA www.gabinvestigations.com Special recognition to Jam es P Kerins III for 925.846.7401 Trish Dehmel, Nova Scotia, CANADA being the well deserved 2004 recipient of the Robert A. Dudash, Nebraska, USA MSA award. Rodney W ebb Nicholas Burt, Virginia, USA MW A Corporate Security Management

Ryan Colley, South Carolina, USA Perth, W A AUSTRALIA 61-893221877

Newly elected CII rtw@ mwacorporate.com.au (EDITOR‘S NOTE: A very special thanks to

Vicki Marr [England, EU] for her assistance Board m em bers: in processing of payments and Robert Du- W elcome aboard to these four newly elected dash [USA] for his relentless assistance in CII board members: Pending Applicants: preparation of and support throughout the auction in spite of subsequently being diag- Indira Bawa John T. "Jack" Burke nosed with pneumonia!) Littlemore Services Private Limited Jack Burke & Associates, Ltd. Bombay, Maharashtra, INDIA Chicago, IL USA AUCTION DONORS: 312.372.5500 Patricia Dehm el Larry Ross, Vinod "Deepak" Kumar, Brett Burkeassc1@ aol.com CSI Investigations Mikkelson, Dora Kalastree, Ponno Kalas- Spouse: Alana Halifax Nova Scotia, CANADA tree, Jay Groob, Trish Dehmel, Fred Deh- Frederick J. "Fred" Dehm el mel, Tom Davies, Helen Davies, Jim Kerins, Brianna Duffy CSI Investigations Per Mar Security Debbie Kerins, Robert "Bobby" Coombs, Halifax, Nova Scotia, CANADA Davenport Iowa, USA Meredith McEver, Ruth Hoffmann, Gerd 888.818.5251

fdehmel@ csilimited.com Hoffmann, Norm W illox, Joanne W illox, Brian Norm an Groot Spouse: Trish King, Charles Rahn, Vicki Marr, Alan Marr, McCague Peacock, et al. LLPs

Claude Myles, John J. Mahoney, Jimmy Toronto Ontario, CANADA John J. "Jack" Devine Gahan, Friends of the Council, W alter At- The Arkin Group, LLC Phillip Hatzis wood, Robert Dudash, Derek Nally, Joan New York, NY 10022, USA Chicago Detective Agency Nally, Sharon Spates, Joan Beach, Haylee 212.333.0204 Athens GREECE jackdevine@ thearkingroup.com Cousins, Sandra Stibbards Spouse: Pat Igor Tym ofeyev Express Inquiry & Process Servers AUCTION W INNERS: Jouni E. Heikkinen Berlin GERMANY Mike Russell, Brian King, Charles Rahn, Academic Investigations Ltd Helsinki FINLAND

Goolam Monsoon, Pat Devine, Jack Devine , 358.9.662001 Jim Kerins, Debbie Kerins, Jim Kirby , Steve academic@ welho.com

Kirby , Tony Fagan, Tawni Tyndall, Reggie Maltese Falcon Escapes Auction

Montgomery, Antoinette Montgomery, W il- The infamous Maltese Falcon that arrived liam "W ild Bill" Nye, Joan Beach, Maurice New CII Mem bers: in Alexandria Virginia on the cusp of the Amres, Robert "Bob" Coombs, Joan Beach, Sandra Stibbards AGM, made an unprecedented move when it Camelot Investigations, refused to participate in the Silent Auction. Don Johnson , Gerd Hoffmann, Ruth Hoff- Corpus Christi, Texas, USA mann, Sandra Stibbards, Buddy Bombet, www.camelotinvestigations.com; Renowned bird interpreter Steve Kirby diag- 888.584.3393 nosed the bird‘s behavior as a formal protest Bob Kresson, Pat Dehmel, Tom Davies, Helen Davies, Jack Burke, Alana Burke, Frederick Rustm ann Jr. due to the absence of it‘s benefactor W illiam CTC International Group Inc. "Bill" Elliott, CII. According to Kirby, "W hen it Charles Rahn, Vinod "Deepak" Kumar, Larry W Palm Beach, Florida USA Ross, Dora Kalastree, Ponno Kalastree, www.ctcintl.com comes to birds, actions speak louder than 516.655.3111 words. This bird is clearly distressed and Vicki Marr, Alan Marr, Steve Martinez, Ryan Colley, Gary Bartolotti, Deborah Lapid, Brett John Hoda boycotting the auction." Kirby recommended Independent Special Investigations LLC Mil- the bird be placed in seclusion. Last minute Mikkelson, Sayira Castroverde, Jay Groob, ford Connecticut, USA Paneen C. Allen. www.squireinvestigations.com accommodations were made by CII Presi- 203.877.0786 dent Joan M. Beach to care for the bird. An

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executive decision was made by President Legislative News From ful processing, hence the award of costs Beach to forgo any sale of the bird until the Around the W orld against the investigator‘s clients. 2005 AGM in Portugal. The bird is to be The Data Protection Directive as a whole provided with classical music until its antici- is being reviewed in Brussels and it is be- Europe and The United Kingdom pated release in June 2004 to allow it ample lieved that, from the point of view of the in- By Chris Brogan, London time to fly to Portugal. vestigators, there will be more draconian

There is a great deal of legislation here in legislation to follow in the not too distant the U.K. and Europe that affects investigators. future. This legislation will seriously affect Brian King sources of information, covert videoing, in- Ontario CANADA: Unfortunately, they don‘t seem to realize it. The September 18, 2004 issue of the The European Directive on Data Protection cluding photographic targets. Globe and Mail reports in an article entitled has now been effective for 6 years. Most of There is some good news on the horizon, "Murder-Conviction Review to Hear the prosecutions that have taken place in the and that is that they are discussing whether Bernardo Theory" which is the saga of U.K. are against private investigators/enquiry a license in one European country would Robert Baltovich. He was sentenced in 1992 agents for unlawfully obtaining information. entitle an investigator to operate in another to serve a life sentence in prison for murder. There have been a number of judgments in European Country. At the moment, if I con- His bid for exoneration is about to com- the U.K., one of which was referred to as duct an investigation in Spain, I have to in- mence in the Canadian Ontario Court of Durant, which volve a magis- Appeal. A book entitled —No Claim to Mercy“ has put the U. K. trate or have a by author Derek Finkle describes the case of Government at Spanish license. Robert Baltovich who was charged and con- loggerheads with If this legislation victed with murdering his girlfriend in 1990. the European takes effect, it The case was grounded purely in circum- Commissioners would mean that stantial evidence. Subsequent investigation on Data Protec- on the strength has suggested that a serial killer, Paul tion. They are of my U. K. Bernardo, may actually have been involved investigating the private investi- Jimmy Gahan, Jay Groob, Joan Beach, Tawni Tyndell and Charles in the murder. Baltovich was released on U. K. Government Rahn... gator‘s license I bail in mid 2000 pending the outcome of his with regard to compliance with the European could conduct an investigation in Spain with- appeal. Directive as a result of this case. The out- out having to have a license there. Brian King (Council of Investigators Investi- come will probably mean that the Information There are a number of licenses that con- gator of the Year in 2003) of King-Reed Commissioner in the U. K. will have extended trol the activities of an investigator: The Associates is based in Toronto and has investigative powers. The legislative itself is Consumer Credit License, the Data Protec- worked "thousands of hours on the case, beginning to reduce the sources of informa- tion Act, and probably, in about 2006, a li- much of it unpaid“. Brian King is quoted in tion traditionally used by investigators. cense under the Security Industry Act. the article: "It is mind-boggling that the The Regulation of Investigatory Powers The above is a summary of what may Crown continues to fight this… I never un- Act was recently introduced, which, although seem a very pessimistic outlook on the fu- derstood how anyone could have convicted aimed at investigators in the public sector, has ture of investigators. Personally, I don‘t think him. I felt overwhelmed that an injustice had ramifications for private investigators, espe- we have anybody to blame but ourselves. occurred, and I hope the appeal judges set cially those who act in behalf of or conjunction Peter Heims, an investigator of some re- it." with public authorities. Once again our indus- nown, warned us about this at least 30 years King notes the Crown always maintained try as a whole is not aware of these ramifica- ago. How much notice do we need? that the Scarborough Rapist never abducted tions, despite a number of more enlightened I trust the above is of some value to you, his victims in daylight and never killed one. investigators trying to make them aware of it. as the academics say. It turned out that both beliefs were wrong. Human Rights arguments are beginning to According to King "I know that a lot of people take its effect. A recent case heard by one of (Editor‘s Note: CII sincerely regrets not being more proactive in fighting the privacy pooh-poohed the Bernardo syndrome, but I our senior Law Lords resulted in the costs of legislation that has swept the EU in recent have never seen any information that would the case being awarded against the defen- years. To our EU brothers and sisters, we apologize. This important issue will be moni- discredit the possibility that he did it." For dant, despite the fact that they won the case. tored and featured in future editions of The the complete story, follow this link: The reason behind this was that the investiga- International Councillor.) http://www.theglobeandmail.com/servlet/ tor they had employed had breached the indi- story/RTGAM.20040917.wbern18/BNStory/ vidual‘s Human Rights and, although the evi-

Front/. dence was admitted, it was considered unlaw-

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Privacy Law News from the United States Sum m ary of Energy and not conjecturing as to the bill's chance for Com m erce Hearing (9-28-2004) passage this session, Rep. Shaw By Nancy Barber, California, USA did say he hoped the bill would serve as the By Eddy McClain, groundwork for legislation to U.S Senator Diane Feinstein has intro- NCISS Legislative Committee eliminate the use of the SSN as an identifier. duced Senate Bill 2801 which is a bill to This could be construed as a amend the Social Security Act "to enhance Although the witness list for this hearing realization that HR 2971 will not pass this Social Security account number privacy has not yet been posted, it is now year. At the end, Chairman Stearns protections, to prevent fraudulent misuse of history. made mention that the bill had handily the Social Security account number and to The Subcommittee on Commerce, Trade passed the W ays and Means Committee. otherwise enhance protection against iden- and Consumer Protection held a hastily This subcommittee did not mark up HR tity theft, and for other purposes. The bill arranged hearing this afternoon and received 2971 and it is difficult to be sure was introduced on September 14, 2004. testimony from only three witnesses of the import of today's hearing. Overall, As with all well-meaning legislation to and a handful of Representatives. W ritten considering the lack of input protect privacy, the bill has serious unin- testimony is not yet available. from our opposition, we did not fair as poorly tended consequences for the private sector, It seemed evident to me that this was a as could have happened. It is particularly for private investigators. Specifi- perfunctory effort and that our encouraging that the FTC has serious reser- cally it specifies restrictions on the sale and information that Chairman Cliff Stearns, R-FL, vations about the legislation and display to the general public of Social Secu- held the hearing as a favor for Commissioner Leary understands the is- rity account numbers by Federal, State and Representative Clay Shaw seems accurate. sues. Congress is scheduled to adjourn in local governments as well as bankruptcy The sole public witness was Chris Hoofna- the next few days. case trustees. Essentially, the bill would gle of EPIC, Electronic Privacy eliminate the availability of social security Information Center, a privacy advocacy or- Thanks to Eddie McClain and Jim Carino, CII numbers in most instances to the private ganization, who took advantage of every for this update. sector. opportunity to support HR 2971. Mr. Hoofna- Various organizations, including NCISS, gle was repeatedly asked for his NALI, and CALI have mobilized to oppose opinion as if he were the authority, particularly this bill. On October 1, 2004, a delegation of by ranking minority member Im portance of Letter W riting in the U.S. these organizations made an attempt to Representative Schakowsky, D-IL. meet with Senator Feinstein in her San Fran- The other two witnesses were Commis- By Bernard Cane CIP, California USA cisco, California office. Multiple attempts to sioner Tom Leary of the Federal Trade make an appointment for a meeting were Commission and Barbara Bowberg (sp sorry CIPI is pursuing these two pending bills rebuffed. W ith approximately a dozen inves- Barb) of the General Accounting Office. with a letter campaign to each member of tigators standing in the lobby, an aide finally Commissioner Leary was an excellent witness the sub committees expected to review the agreed to meet and set up an appointment who tried to explain the bills. Each committee member needs to for a briefing with one of the senator's repre- complexity of eliminating the SSN as an iden- hear directly from his or her constituents. It sentatives. The aide was presented with tifier. Regrettably, the import of his is CIPI's belief that there are enough fence over 50 stories from investigators describing testimony did not seem to sink in with the riders who are just waiting for enough proof the beneficial and legal uses of social secu- Chairman who, after the testimony that the legislation is unreasonable or im- rity numbers in investigations. Mary Nikas asked the panelists, 'Is it fair to say then that practical. W e need to keep pounding the and Nancy S. Barber represented the Coun- you all favor HR 2971?' or negative effect of the legislation upon con- cil of International Investigators in this meet- words to that effect. It would appear that sumers (their constituents). ing and will continue to pursue opposition to Commissioner Leary clearly the passage of the bill. understands the problems with several as- pects of the bill. Special thanks to Mary Nikas and Nancy The GAO witness was more middle-of-the- Barber for representing CII road, and didn't take a strong position, though she recognized problems with eliminating the SSN identifier. Full Committee Chairman Joe Barton, R-TX, testified as did Rep. Shaw. W hile

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Status: Social Security Num ber obtained from motor vehicle departments, The reaction of the investigative community applications for professional licenses, and has been instantaneous and all of our mate- even tax returns. In these cases, the investi- By Eddy McClain gator probably obtains the identifier through a rials were readily at hand to point out the friend or contact working at the institution with NCISS Legislative Committee Member flaws of the bill since it is identical to HR a SSN. Alternatively, the manuals suggest the use of ”pretexting,‘ a practice where an inves- 2971. Californians in particular have carried tigator requests personal information from an At this moment, Congress has about ten our message to the Senator‘s district office entity while pretending to be another person days to go before adjourning for the elec- or while pretending to have a legitimate rea- doorsteps throughout the state. At this writ- son for access to the information. The tions. There is a good chance Congress will ing there is no indication that the Senator Gramm-Leach-Bliley Act prohibits pretexting reconvene in a lame duck session thereafter. with respect to financial, securities, and insur- has been deterred or that she admits the ance companies, but the law doesn't apply to many faults of the bill. The bill has to get pretexting targeted at employers, utility com- HR 2971 panies, or other entities that have SSNs. The past the Senate Finance Committee chaired Subcommittee should consider whether ex- So this status report acknowledges that by Senator Charles Grassley, R-IA, which is panding protections against pretexting would there is plenty of time for skullduggery before enhance the privacy of the SSN. not likely, but possible, in the waning days of we can be assured that Representative Clay this congressional session. Mr. Leary of the FTC seemed to be the Shaw‘s HR 2971 will not pass on the House only witness who understood the complexity floor. As a subcommittee chairman of the The Good News and serious con- majority party, W hile NCISS and its many state associa- sequences of Chairman Shaw tions have been fighting this legislation for trying to remove is able to ask his nearly five years, we are finally getting some the SSN as an colleagues for help from allies who perceive the threat identifier. Rep. favors. This was these bills represent to commerce and our Shaw testified at evident this week financial and justice systems. A list of these the end of the when Represen- organizations that have concerns about the hearing stating tative Cliff bills appears on a nearby page. NCISS that he hoped his Stearns, R-FL, lobbyist Larry Sabbath and Legislative Chair- Reggie, Jay, and Amy... bill would serve Chairman of the man Bruce Hulme along with many others in as the "groundwork“ for fighting identity theft. Energy and Commerce Subcommittee on various states have done a great job in se- The hearing was sparsely attended and Commerce, Trade and Consumer Protection, curing allied assistance. seemed perfunctory as if Chairman Stearns hastily called a hearing on HR 2971, appar- W e have just learned that the Republican was just going through the motions. The bill ently as a favor to Rep. Shaw. leadership has selected sections from HR was not marked up but the chairman re- Only three witnesses were called to tes- 2971 and added them to HR 10, the 9/11 marked that it has passed the W ays and tify at the September 28, 2004 hearing. Recommendations Implementation Act. Means Committee. They were Thomas Leary, Federal Trade These sections, 104, 201,202,203,204,& 205 S 2801 Commission Commissioner; Barbara Bovb- seem to be the good parts of HR 2971. By On September 14, 2004, Senator Dianne jerg, General Accounting Office; and Chris including them in what looks like must-pass Feinstein, D-CA introduced this bill which is a Hoofnagle of EPIC, Electronic Privacy Infor- legislation, it would seem to lessen the need mirror image of HR 2971, with the following mation Center, a privacy advocacy organiza- for Rep. Shaw and Senator Feinstein‘s bill, statement: tion, who took advantage of every opportu- this year or next. nity to support HR 2971. Mr. Hoofnagle was Most importantly, by virtue of the many W e have only three weeks until the end of repeatedly asked for his opinion as if he faxes you have sent combined with visits to this Congress to enact this legislation to pre- were the authority, particularly by ranking vent such thefts by protecting Social Security legislator‘s office and the NCISS Hit The Hill Numbers. If we do not pass this legislation minority member Representative Scha- campaign, we have alerted Congress that now, we will have to wait yet again to give kowsky, D-IL. The following portion of Mr. basic protection to information that should there are problems with and opposition to, have been under lock and key long ago. It is Hoofnagle‘s written testimony is revealing: these ill-conceived bills. time for us to act. Thank you.

Protections Against Pretexting Insiders have indicated to us that the Should Be Considered Senator was disappointed that none of her

W e wish to raise one additional concern other privacy bills held promise of passage here–even legitimate collection of the SSN and she perceived that HR 2971 was moving, contributes to unauthorized access to the identifier. That is, we are increasingly aware albeit slowly, and decided to jump on the of manuals for private investigators and bandwagon by introducing a Senate version. other materials suggesting that SSNs can be

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Organizations in the USA with Concerns National Association of Legal Investigators Iowa Association of Private Investigators re: HR2971 / S2801

National Council of Investigation Kansas Association of and Security Services Licensed Investigators By Eddy McClain

NCISS, California, USA National Defenders Investigators Association Kansas Association of Private Investigators

Alaska Investigators Association Kentucky Professional Privacy is a broad issue. Although it Investigators Association, Inc. Arizona Association of Licensed permeates the private investigation industry Private Investigators Licensed Private Detective it affects other industries as well… security… Association of Massachusetts Associated Detectives of Illinois law firms… finance. Licensed Private Detective Associated Licensed Detectives Association of Rhode Island American Bankers Association of New York State Louisiana Private Investigators Association American Insurance Association California Association of Licensed Investigators Maine Licensed Private American Council of Life Insurers Investigator's Association Connecticut Association of Securities Industry Association Licensed Private Investigators Maryland Investigators & Security Association Consumer Data Industry Association Florida Association of Licensed Investigators Michigan Contract Security Association Lexis-Nexis Georgia Association of Professional Private Investigators Michigan Council of Private Investigators National Association of Professional Background Screeners Indiana Association of Minnesota Association of Professional Investigators Private Investigators National Association of Certified Investigators Inc. Indiana Society of Missouri Association of Private Investigators Professional Investigators, Inc. National Association of New Hampshire League of Investigators Investigative Specialists Investigative Professional Association of Georgia New Jersey Licensed Private

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Investigators Association the —shoe“ record held by her (Midyear 2003 sues. The matter was resolved to the point

in Perth Australia). Ten pairs of shoes were a where the auction was able to continue, but North Carolina Association of Private Investigators slight disappointment to the fashion police, only after Gahan, who is rumored to be only

who have agreed to allow Montgomery the 99.9% Irish signed a written agreement Ohio Association of Security & Investigation Services opportunity to redeem herself in Portugal next promising to ignore all gestures on the part

year. of Nally and refrain from eye contact with Oklahoma Private Investigators Association, Inc. Bunty and Pawan Awadulla–dining with Nally, Bennett or Fagan during the bidding

relatives in a trendy Chinese restaurant. process. Oregon Association of Licensed Investigators, Inc. Pawan was over heard asking Bunty —How Concern was expressed by auction win-

many relatives do we really have in W ashing- ners Steve and Jim Kirby when following Pacific Northwest Association of Investigators ton DC that we need to go to lunch with?“ their acquisition of "THE POD BALL" Derek

Roslyn W ebb–was voted best dressed and his lovely wife Joan Nally announced Pennsylvania Association of Licensed Investigators (at all times) by the AGM Fashion Police in they would be remaining on the American

Alexandria. Congratulations to Rodney and continent for another week following the Private Investigators Association of Utah, Inc. Roslyn W ebb on their 34th wedding anniver- AGM. Nally had been rumored to be under-

sary. going treatment for "buyers remorse" follow- Private Investigators Association of Virginia, Inc. Maltese Falcon–The infamous Maltese ing the sale of the POD BALL at last year‘s

Falcon was noticeably absent from the Silent AGM in Kinsale Ireland. Another source Professional Association of W isconsin Licensed Investigators Auction, prompting members to speculate claims to have overhead Nally following the Professional Investigators about its whereabouts. See Member News auction lamenting over the loyalty of persons Alliance of Maryland for further details. who are "only 99.9% Irish vs. full blooded Professional Investigators of California Irishmen". The comment was believed to

Professional Investigators & have been directed at Gahan. Gahan was Security Association last seen seeking directions to the local

Professional Private chapel from the concierge. Meanwhile, The Investigators of Colorado POD BALL was moved to safe keeping by

South Carolina Association "Close call with the local authorities that report the POD BALL is of Legal Investigators, Inc. POD (”Pals of Derek‘) resting quietly in an undisclosed bank vault.

South Florida Investigators Association Football!" The POD BALL has been outfitted with

glasses and a red bow tie aptly suiting its Tennessee Association of Investigators, Inc. The Americans are wiping their brows after stature in America. The location where "THE narrowly escaping the auction still in posses- Texas Association of Licensed Investigators POD BALL" is residing shall be disclosed sion of the now infamous POD BALL. Kudos Vermont Association of for the Yankees following a failed attempt on Investigation & Security Services the part of Derek Nally and "THE PODS" (i.e. W ashington Association of Michael Bennett, Tony Fagan and Derek Legal Investigators Nally) to prevail in the bidding process. Re- ports had circulated throughout the week preceding the auction that Nally was threaten- ing he would be "undeterred" and "pull out all The P.O.D. Ringleaders... stops" in retrieving "THE POD BALL". A once authorities confirm that Nally and THE CII GOSSIP COLUMN source, speaking only on the condition of PODS have left the Continent. Persons with (Unsubstantiated of course) anonymity, reported observing Auction host information pertaining to Nally‘s current Jimmy Gahan and Derek Nally exchanging By Roving Reporters whereabouts may contact hand signals at their table just moments be- THE INTERNATIONAL COUNCILLOR at Pat and Jack Devine–noted as being fore the "THE POD BALL" struck the auction lec@ colleypi.com. the only two individuals having enough stam- block. These comments were voluminous ina to dance throughout the Saturday eve- enough to prompt action by auction committee ning festivities. volunteers who confronted Nally and Gahan Antoinette Montgom ery–arrived in just moments before the bidding began. Ac- Alexandria Virginia with only ten pairs of cording to one source, both men were queried shoes; thereby rendering her unable to top regarding possible "conflict of interest" is-

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Parliam entary Com m ittee Board Mem bers: Com m ittee Bert Falbaum–Chair (Arizona USA)

Larry Ross (W ashington, D.C. USA) Appointm ents John T. "Jack" Burke Larry Miller (Michigan USA) Jack Burke & Associates, Ltd. Gerd Hoffmann, Sr. (Channel Islands) From 2004–2005 Chicago, IL USA

312.372.5500 2005 Annual General Com m ittee President Beach has announced the follow- Burkeassc1@ aol.com Jay Groob–Chair (Massachusetts) ing committee appointments: Roy W hitehouse (Portugal) Frederick J. "Fred" Dehm el Brian King (Canada) Audit and Finance Com m ittee CSI Investigations Derek Nally (Ireland) Bert Falbaum–Chair (Arizona USA) Halifax, Nova Scotia, CANADA

Jack Burke (Illinois USA) 888.818.5251 2006 Annual General Com m ittee Rod W ebb (Australia) fdehmel@ csilimited.com Bert Falbaum–Chair (Arizona USA) Robert Kaszynski (Maine USA) Jouni Heikkinen (Finland) John J. "Jack" Devine Juergen Hebach (Germany) Editor of the International Councillor The Arkin Group, LLC Goolam Monsoor (France) Lois Colley–Co-Chair (Ohio USA) New York, NY 10022, USA

Jimmy Gahan–Co-Chair (Ireland) 212.333.0204 Historian Com m ittee jackdevine@ thearkingroup.com James Kirby–Chair (Illinois USA) Legislative Com m ittee Ben Harroll (California USA) Jay Groob–Chair (Massachusetts USA) Jouni E. Heikkinen W alter Atwood (South Carolina USA) Steve Kirby (Illinois USA) Academic Investigations Ltd

Steve Bibler (Michigan USA) Helsinki FINLAND

Deb Aylward (Virginia USA) 358.9.662001 academic@ welho.com Mem bership Com m ittee Bert Falbaum–Chair (Arizona USA) K. Haja Mohideen Fred Dehmel (Canada) CII Officers and Global Security Networx Robert Dudash (Nebraska USA) Singapore SINGAPORE Garry W hite (Canada) Board Mem bers 65.63422025 globalz@ pacific.net.sg Public Relations Com m ittee (Includes Internet Com m ittee) Officers: Reginald J. Montgom ery Lois Colley–Chair (Ohio USA) RJ Montgomery Associates

Jack Devine (New York USA) Allendale, NJ USA President: Joan M Beach Don Johnson (Indiana USA) 201.327.3301 Virginia, USA Kevin Ripa (Canada) reggie@ njinvestigator.com joanmbeach@ aol.com Rod W ebb (Australia) Fred Dehmel (Canada) 703.359.8084 Herm ann Kam inski

IW A Group Chairm an: Alan J. Marr Nom inating Com m ittee Hamburg GERMANY London, ENGLAND Alan Marr–Chair (England) 49.180.5356262 Alan-marr@ jigsaw-services.demon.co.uk Joan M. Beach (Virginia USA) kaimnski@ iwagroup.de 44.1932.875224 Nancy Barber (California USA) James Kerins (Maryland USA) Gerd H. Hoffm ann First Vice President: Jay L. Groob GH Hoffmann Senior Ltd Massachusetts, USA International Investigator of Alderney CHANNEL ISLANDS aisprvti@ aol.com the Year Award 44.0.1481.822464 617.232.4728 Brian King–Chair (Canada) g_h_hoffmann@ cwgsy.net

Jay Groob (Massachusetts USA) Third Vice President: Bertram S. Falbaum Thomas Herder (Minnesota USA) Jurgen F. "Fritz" Hebach Arizona, USA Juergen Hebach (Germany) Detectiv-Consuting-International 520.751.1615 Berlin GERMANY bertfalbaum@ cs.com MSA Com m ittee hebach@ fritz-CII-wad-berlin.de

Joan M. Beach–Chair (Virginia USA) Secretary: Nancy S. Barber Nancy Barber (California USA) Rodney W ebb California, USA Reginald Montgomery (New Jersey USA) MW A Corporate Security Management 415.334.0856 W illiam Nye (Iowa USA) Perth, W A AUSTRALIA Nickbk@ aol.com 61-893221877

Strategic Planning Com m ittee rtw@ mwacorporate.com.au Treasurer-Jam es R. "Jim " Kirby Alan Marr–Chair (England) Fred Dehmel (Canada) Illinois, USA Lois E. Colley 630.941.1700 James Kerins (Maryland USA) Due Diligence jkirby@ kirbyinvestigations.com Ohio & South Carolina, USA

Standing Education Com m ittee 888.310.6660

Jay Groob–Chair (Massachusetts) lec@ colleypi.com

Joan M. Beach (Virginia USA) All Board Members

Malcolm Thom son Award Alan Marr–Chair (England) Joan M. Beach (Virginia USA) Nancy Barber (California USA) Ponno Kalastree (Singapore)

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