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February 4, 2005 Issue #4 Message from the those unable to travel to Lisbon, the benefits President from the sheer networking found in exchang- See Page 7 for the ing ideas and assignments throughout the Proposed AGM Schedule! world make membership worthwhile. As we approach the end of winter and the Let us continue our commitment to sup- beginning of spring in most of the United port one another in our personal friendships dence with regard to a plaintiff's activities States, and celebrations of New Year 2005 and our professional lives. and identification. In the course of that and the Lunar New Year of the Rooster 2005 activity the chances of having to engage in become fading memories, I am constantly Cheers! at least some type of minimal conversation reminded how our personal and professional Joan M. Beach with the subject, are very good. These are in lives can change drastically within a short effect undercover operations. One is trying to span of time, while as an organization, we infiltrate a site, obtain evidence, and leave continue to move forward with continuity. Judge‘s ”Tiger‘ ruling without being detected. From the devastating effects of the Tsu- In Cowles vs. Balac the investigators, nami in Asia to the outpouring of relief and claws back PI rights under client instructions, entered an exotic support from around the world, I am re- by Ken Mitchell, MBA dance bar. They were asked to film the plain- minded of how optimism grows out of adver- tiff in the course of her dance performance. sity. CANADA - The ruling of Canadian Justice Following her dance, of her own volition, the From the historical 50th Annual General McFarland on a plaintiff‘s motion in the case Meeting held in Alexandria, Virginia to the of Cowles v. Balac has been front and centre upcoming 2005 Annual General Meeting to for a few months now. The judge‘s decidedly In This Issue: be held in Cacais, Portugal, I am reminded one-sided ruling, if unchallenged, constitutes Dutch Regulator Imposes page 2 how working together, for the good of the a full-frontal assault on the rights of private Record Fines on Spam whole, we have demonstrated an ability to investigators. Update on Tsunami ”04 page 2 build the crossroads that are required to Confronted with fraud on a massive US Launches drive to nab page 3 grow as an international organization. A scale, insurers and their counsel ask private child-sex tourists growth that is focused on quality not quan- investigators to investigate the authenticity of Canadian National P.I. Asso- page 3 tity. injury claims. Often this involves taking ciation focus of February Jay Groob, our incoming President, has interior video of claimants in the course of meeting their work [self employed or otherwise], prepared, with the assistance of Roy W hite- Cayman Earthquake page 3 house, our host in Lisbon, a program to gen- where possible, in commercial establish- CII Member Re-elected Presi- page 4 erate interest and excitement in the evolving ments or other settings open to the public dent of Canadian PI Associa- role of international investigators. and where the public is clearly invited to tion Benefits to belonging to our association enter. In so doing it is difficult, if not impossi- Investigations Legislative page 4 include not only the educational process of ble to avoid unsolicited contact with a claim- Committee News our meetings, but the networking and com- ant. Member News page 5 panionship found in the gatherings. For Directions from insurance clients can often leave private investigators in some Destination: Lisbon 2005 page 6 The International Councillor Staff peril of breaching the Rules of Practice of AGM Conference 2005 Ca- page 7 cais, Lisbon, Portugal the Ontario, Canadian Bar. Every investiga- Editor: Jimmy Gahan tion firm in Canada is being asked to enter Proposed AGM 2005 Itinerary page 8 bars, hair salons, gyms, auto repair facilities, Assistant Editors: The International Councillor page 7 Lois Colley classrooms, financial forums, seminars etc., Ad Rates and Advertising Sheila Kalastree Contract in order to obtain clear, incontrovertible evi- claimant approached the investigators and investigators risk going in to a bar, taking the Dutch Regulator asked if they would like a dance at their chance they may have to say "hello" or Im poses Record Fines table. The investigators declined, yet the "excuse me?" Does an investigator try to buy plaintiff sat down anyway and began telling a car, a house, a piece of furniture, get a hair- on Spam her life story. Professional investigators are cut, attend a seminar, a court proceeding.... or well trained to not question, nor lead a con- does she now to stay outside, on the perime- NETHERLANDS–On December 28, versation in circumstances such as these. ter, and not be in position to obtain the vital 2004, OPTA (the Dutch independent post On the other hand they are not expected to evidence that crystallizes the issues in an and telecommunications regulatory authority) endanger either themselves, or the under- insurance claim? Two years ago, investigators imposed fines totaling a record ⁄ 87,500 cover operation. The investigators acted from one Ontario agency actually sky dived (approximately US$110,000) against indi- prudently; they sat and listened, but did not with a life insurer‘s claimant. Direct contact viduals and small companies for sending actively engage. was involved. There was no other way to unsolicited e-mail and SMS messages. The investigators left Harahan's, a biker investigate and obtain irrefutable identification The heaviest fine of ⁄ 42,500 (approximately bar in Hamilton, when it was appropriate, i.e. of the claimant and prove him to be working US$55,000) was imposed on an individual, safe. But according to Judge McFarland, that while collecting benefits. Though the insurer whose identity has not been revealed, for was not good enough; better in the Judge‘s had not yet retained counsel, the Cowles sending four spam messages. In one of view for the investigators to risk life and limb, ruling stipulates this a breach of the Rules, them, he advertised an edition of Adolf Hit- and to alert the subject to an ongoing investi- whether legal counsel is retained or not stat- ler's book "Mein Kampf" under the identity of gation, than forsake the Rules of Practice, a ing, "even if an insurer has not yet retained the Dutch anti-spam expert Rejo Zenger. code enshrined, not in law, but in the code of counsel, it should caution any investigator Another spam involved the sale of pharma- ethics of a private fraternity -- the Ontario whom it retains that there must be no direct ceutical products over the Internet. Bar. According to McFarland J. It didn‘t contact between the investigator and the OPTA was reacting to numerous com- matter "If Ms. Cowles did first approach the plaintiff.“ plaints that have been collected on a special investigator, he had an obligation to disclose Is the Industry prepared to do anything spam web site since May 2004: see who he was and his purpose and should not about this perverse ruling? The activity attrib- http://www.spamklacht.nl. An OPTA spokes- have engaged her in any conversation what- uted to the investigators is neither criminal nor man admitted that OPTA has no authority to soever." is it unethical, yet this ruling makes the inves- fight spam originating outside the Nether- Forget, for a moment, the judge‘s incon- tigator culpable for activity initiated by a lands. sistency -- her ruling did not determine who person under investigation. W hat is clear is made the approach, but she proceeded to that neither the insurance industry nor the See press release (in Dutch): http://www.opta.nl/asp/nieuwsenpublicaties/ find that the approach was improper. Put defense bar will vigorously argue the investi- persberichten/document.asp?id=1506 from your mind the inherent danger to gator‘s case. which the judge‘s ruling exposes undercover Herein may be the value of a national as- investigators. Don‘t even think about the sociation representing private investigators -- Update on Tsunam i ”04 Personal Information Protection and Elec- to intervene in trials where rulings may affect tronic Documents Act, which gives private the livelihood of our profession. Surely some- by Syed Jaafar, CII investigators the right in law to collect per- one needs to argue that the Law (PIPEDA) MALAYSIA–The dispatching of a search sonal information without an individuals con- trumps the Rules. team to India and South East Asia is a fine sent, in the investigation of the breach of an Ken Mitchell, former PI, is a consultant and owner of gesture for those in need of assistance and agreement (an insurance contract) or the Parallax Communications Group, in Ancaster, most welcome. contravention of a law (insurance fraud). Ontario. Ken was instrumental along with our new W hat we now know is there were indica- Didn‘t Parliament recognize in the PIPEDA member Norm Groot in getting —Investigative Body tors preceding the earthquake that demon- statute that seeking consent, in some in- Status“ for Canadian PI's under the federal privacy strated something was happening within the stances, subverts the purpose of the investi- legislation. subterranean of the Andaman Sea and the gation? Didn‘t Parliament, in its wisdom, columnist from Ontario, Canada Indian Ocean, in the epicenter where the recognize that the public interest is served earthquake occurred. Government seismolo- by the vigorous investigation of fraud? gists and meteorologists in several countries Let‘s just consider the impact of the affected including India, Thailand, Indonesia, learned judges ruling. At this point no investi- Malaysia, and Ceylon now report having gator can be sure what constitutes contact in detected activity.

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