Southern Ohio Justice Part 2

 

Portsmouth attorney indicted on 18 felony counts in human trafficking case

BREAKING NEWS, NEWS, TOP STORIES

Staff report

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PORTSMOUTH — Ohio Attorney General Dave Yost and Scioto County Prosecutor Shane Tieman announced Friday, Oct. 23, the indictment of Portsmouth attorney Michael Mearan on 18 felony counts related to human trafficking spanning 15 years.

Mearan, 74, faces more than 70 years in prison if convicted.

The charges stem from criminal activity in southern Ohio that occurred from 2003 to 2018 and involved six victims. They include:

· One count of engaging in a pattern of corrupt activity (F1)

· Three counts of trafficking in persons (F1)

· Five counts of compelling prostitution (F3)

· Nine counts of promoting prostitution (F4)

The case was investigated by a human trafficking task force as part of Yost’s Organized Crime Investigations Commission. The task force consisted of representatives from the Portsmouth Police Department, Department of Public Safety’s Intelligence Unit and Ohio Investigative Unit, and the Attorney General’s Ohio Bureau of Criminal Investigation.

The case is being prosecuted under Yost’s Human Trafficking Initiative.

Indictments merely contain allegations. Defendants are presumed innocent unless proved guilty in a court of law.

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Southern Ohio Justice part 2

Southern Ohio Justice part 2

Thursday, March 26, 2020
7:48 AM

PORTSMOUTH, Ohio – A former city councilman and practicing defense attorney rumored to be a key player in a sex trafficking ring was detained by police while officials searched his home Wednesday morning

The streets surrounding Michael Mearan's home near the Scioto County Courthouse were blocked by police vehicles and flooded with police personnel Wednesday morning.

Mearan was seen by an Enquirer reporter seated on his front porch while police searched his home. He was later seen driving from the scene. Ohio Attorney General Dave Yost was seen with police.

Attempts to reach Mearan were unsuccessful.

Portsmouth Police detectives began looking into Mearan in late 2018, about the same time The Enquirer began reporting on rumors of sex trafficking in this southern Ohio city.

After The Enquirer published the results of its investigation in March, agents with the state Bureau of Criminal Investigation also became involved.

The streets surrounding Michael Mearan's home near the Scioto County Courthouse were blocked by police vehicles and flooded with police personnel on March 25, 2020.
The streets surrounding Michael Mearan's home near the Scioto County Courthouse were blocked by police vehicles and flooded with police personnel on March 25, 2020. (Photo: Liz Dufour / The Enquirer)

The prosecution is now being handled by the state attorney general’s office of special prosecutions Angela Canepa.

Ten different women previously told The Enquirer they had worked as prostitutes for Mearan, with several of the women saying they had traveled to numerous states to have money for sex at the behest of Mearan.

The women also told The Enquirer that Mearan’s operation included some of the most powerful men in Scioto County as customers and participants. One said she had slept with a former police chief for money.

Several women say they were lured into an alleged sex trafficking ring run by a local defense attorney in Portsmouth, Ohio. Cincinnati Enquirer

Three others said they had been approached by Mearan or others to perform sexual favors for now-retired Scioto County Common Pleas Court Judge William T. Marshall in exchange for lighter sentences in their criminal cases.

Marshall was suspended from practicing law after interfering in his daughter’s speeding ticket case. His family later tried to take control of his personal affairs in court, saying he was a severe alcoholic and had gone to work as a judge while drunk.

That has opened an investigation by the Ohio Public Defender’s office into Marshall’s conduct and whether the results in as many as 3,000 criminal cases he oversaw should be reexamined.

Police surround former city councilman Michael Mearan's home in Portsmouth, Ohio, on March 25, 2020.
Police surround former city councilman Michael Mearan's home in Portsmouth, Ohio, on March 25, 2020. (Photo: Liz Dufour / The Enquirer)

The state's investigation reflects what was initially outlined in a sealed federal wiretap affidavit issued as part of a separate Drug Enforcement Administration investigation several years ago.

That document, obtained by The Enquirer in early 2018, includes accounts of Mearan sending women to Florida and other states to have sex for money.

That investigation resulted in eight drug convictions, but Mearan was never charged. The DEA said it had handed any notes on Mearan over to the FBI, and it is not clear what happened to any follow-ups from authorities.

The family of Megan Lancaster, a Portsmouth prostitute who went missing in 2013, has worked for years to get answers about her disappearance, including whether Mearan is connected.

“We hope that it brings answers and justice to all the girls whether he’s trafficked them or had a past with them at all,” Kadie Lancaster, Megan's sister-in-law said. "Of course, we pray to God this brings Megan home.”

Same Robber, Different Mask (Part 2)

Same Robber, Different Mask (2010)

The Ohio Association of Security & Investigative Services was founded in 1947 and incorporated in 1954 as the Ohio Association of Private Detective Agencies, Inc., a not for profit Ohio corporation. The later name change came about as security companies applied for membership and representation in the organization.

Initially, those entities were licensed by the Ohio Department of Commerce.  As with any licensing entity, their assigned task was to collect fees and regulate the industry.  They exceeded in their expectation in the collection of fees but poorly failed at the regulation of the industry. They were so good at collecting fees that the industry overpaid the State of Ohio $1.4 million dollars in licensing fees. Because of this overpayment, the industry was promised that licensing fees would never be raised.

Three problems arose with Commerce from this overpayment issue. First, when asked by the industry to increase its regulation enforcement the industry was told that there was a hiring freeze and they could not add additional personnel, even though there was a surplus. Secondly, when public records request was forwarded to Commerce to view the accounting of the licensing fees and this surplus it was repeatedly denied. And finally, when a previous administration had a budget shortfall it “stole” $400,000 from the industries surplus and moved it into the General Fund. 

Because of the industries, frustration with Commerce legislative action was taken to move the licensing and regulation of our industry to the Division of Homeland Security. This was legislative action taken by OASIS, after 9/11 that was forced upon Public Safety. Part of that legislation included wording for a Governor’s advisory commission of industry professionals to advise those in Public Safety of the difficulties of operating a successful business in Ohio without dated rules and regulations.  The commission was legislatively directed to be up and running in a year’s period.  Two years after the legislation passed the commission was still not operational and it was not until the Chairman of the Senate Transportation Committee held up Public Safety legislation and requested the then Director of Public Safety explain to the committee why the commission had not been seated. In order to forward Public Safety’s legislation, the then director relented and proceeded with the forming of said commission.

It should be pointed out here that at the time of the movement of the PI/ Security industry from Commerce to Public Safety that there remained $1, 000,000 in what was then called the rotary funds. Public Safety subsequently billed our industry $800, 000 as the cost of the move the PI/ Security industry from Commerce to Homeland Security, i.e. Public Safety.

As if the $800,000 movement fee was not enough our industry was told that the computer system used for licensing our industry was a proprietary system that could not be transferred from Commerce to Public Safety, so the industry was requested to cough up $395,000 for a new computer system. The system was acquired through a no-bid contract by the then Director of Public Safety through, a Tom Noe associate, and has never lived up to the bill of goods the industry was sold.  Since the remaining $200,000 in the rotary fund was not enough to cover the computer’s acquisition the industries license holders agreed to a $25 yearly increase in fees.   In 2010 we called this a Robber with a Different Mask.

Same Robber, Different Mask (March 2019)

Those increases in licensing fees, enacted in 2005, have now allowed the State to almost double the amount of overage paid by the PI/SG industry since the enactment of HB 230 in 2004.
Below please find the Public Records Request submitted to the Ohio Department of Public Safety regarding the above-mentioned overage and their response.
Requested:

Copies of the 2017 & 2018 profit/loss statements to include

1. 1.funds received by PI/SG from the licensing and fines from licensed and non-licensed entities
2. expenses to include the cost to the licensing entity of licensing the PI/SG industry for those two years
3. the amount of surplus (profit) made by the licensing entity for those above years
4. the entity currently maintaining those surplus funds Also a copy of the budget submitted for 2019.
Response:

The State of Ohio’s information is maintained within the confines of Ohio’s fiscal year which begins on July 1 and ends June 30. The current fiscal year is FY2019, which ends on June 30, 2019. Below is an accounting of the revenue, expenditures and cash balances for fiscal years 2017 and 2018. Cash remaining in the fund at the end of each fiscal year is retained in the fund by the State of Ohio to fund future expenses of the program.

The budget for the fiscal year 2019 is $1,794, 295 as appropriate by Ohio’s 132th General Assembly in Sub. H.B. 26.

Private Security Guard Provider Fund
Fiscal 2017 Fiscal 2018
Beginning Cash Balance 1. $ 2,641,002.25 2. $ 2,723,274.33

Revenue Receipts
Fines/Civil Penalties $ 126,537.65 $ 115,530.30
Licensing $ 1,363,268.31 $ 1,481,150.00
Other $ 0.09 $ -
Total $ 1,489,806.05 $ 1,596,680.30

Expenditures
Disbursed during the fiscal year * $ 1,407,533.97 $ 1,657,744.09


Ending Cash Balance $ 2,723,274.33 $ 2,662,210.54

This is not to say that the current administration at PI/SG doesn’t do an outstanding job in the issuance of licenses, because they do; but at what cost. When did the State become a for profit business? The ending cash balance for each year should be a zero-sum balance not an excess $.2.6 million. Where are those additional funds? Are they making interest?  The State needs to be reminded that it’s not their money. Those funds belong to the license holders who in good faith hoped that the State would spend them wisely. 

Since it was seated The Ohio Private Investigation & Security Services Commission (OPISSC) has done little if any to forward the request of the PI/SG industry to Ohio’s Director of Public Safety or those requests having for years fallen upon deaf ears. You have become accomplices in this travesty. After 14 years of existence has there been one piece of legislation moved forward to promote the professionalism or accountability of the industry? No.

You continue to hold the door open while the “Same Robber, Different Mask” continues to raid the till as the PI/SG Industry remains the redheaded stepchild and cash cow for the Ohio Department of Public Safety. You should be ashamed.

Ethics 102 or Learning How to Say NO!

               The adage for ethics was “Doing the right thing when no one was looking”. A question arises in that, if you believe in a higher deity or have a conscience then someone is always looking. You had to just look in a mirror and only be accountable to yourself or to your chosen deity to justify your actions as ethical. 

Their-in lies a problem in that every religion, business or government entity has its own set of rules and definitions as to what is presumed to be ethical.

A thought comes to mind as in the late Nancy Reagan’s campaign of “Just Say No.”  This one little word, containing just two letters is one of the hardest words or actions to complete in any language. As a grandparent have you ever tried to say “no” to a grandchild wanting a piece of candy just prior to dinner?  Where is the “harm” in that?

Wait, there’s the other adage for ethics is “Do no harm”.  But again, whose definition of “harm” do we adhere. Prisons are full of individuals who just couldn’t say no and did harm. Others build their own mental prisons because they can’t look in the mirror or inner soul. They have no or have lost their conscience; their soul.

Not a day goes by for a private investigator that they are not asked by a client to do something that would be considered unethical by someone’s standards. They must ponder, as any business person, the thought of do I make a monetary gain or “just say no”.  One of man’s many weaknesses is the inability to distinguish his needs from his greed and at what cost do you lose your conscience sell your soul.

The answer to that question is learning how to say no; no matter the cost. Nothing is worth the loss of self-respect.  One must justify to his or self what the right thing is and sometimes the right thing is just saying NO!.

Stranger Danger

Stranger Danger      by: Jim Silvania

Stranger Danger is what parents and grandparents have been telling their children and grandchildren for years; “Don’t get into a car with a stranger” But in the “strange” world of today the Ohio P.U.C.O and the State Legislators who sponsored HB 237 now say that’s OK.  It’s ok to let your child get into the vehicle of just anybody; therefore, placing that child at risk.

As parents and grandparents, we let our children get on to a school bus or into a taxi with a stranger because we are under the insurance that the driver of that vehicle has undergone an extensive background investigation. A background investigation where the driver has submitted his or her fingerprints to a State or Federal Agency. An agency that verifies that said individual is a citizen and not a felon, a sexual predator and who has the right to drive that vehicle, which is properly insured.  Does any of those background check apply to Lyft and Uber? No.

The City of Columbus once respected the wishes of the voters to provide for a safe environment for the transportation of our children to and from school but the State Legislature in HB 237 saw otherwise. They took the regulation and compliance power away from the local jurisdictions and gave it to the P.U.C.O.  and what does the P.U.C.O. do with that regulation and compliance power, nothing. They rely of self-reporting data from the industry (Uber & Lyft). 

Uber’s process for onboarding drivers is dangerously negligent and places your child in danger. Neither Uber nor Lyft uses fingerprints or law enforcement to background-check their drivers. And Uber doesn’t even bother to meet with drivers in person before allowing them to ferry passengers.
The result is a series of incidents involving “ridesharing” passengers being harmed and criminal offenders being behind the wheel:  So far 49 deaths have been attributed to Uber & Lyft drivers, 92 assaults, 366 sexual assaults, 16 kidnappings, and 98 imposters posing as Uber or Lyft drivers.

The above are facts. Facts apparently ignored by the State Legislators voted for HB 237. Ignored by the Ohio P.U.C.O. who don’t think it’s their responsibility to make sure that Uber and Lyft drivers are following the law. That Uber and Lyft drivers are licensed, insured not felons and in compliance with the minimal requirements of HB 237.  Uber and Lyft must be forced to ensure that their drivers undergo a fingerprint State or Federal Background check which are monitored (Rap-Back) while the driver is operating for their entity. 

  At present your child is at risk and the above proves “stranger danger” is in fact at hand when you or your child enter a Uber or Lyft vehicle.

Law Enforcement Candidate NOT!

A Law Enforcement Candidate: NOT!

    In my recently published article “Justice in Ohio” in PI Magazine it was noted that “one only has to watch cable tv’s Investigation Discovery Channel or Spike TV to see the many miscarriages of justice in our state.  Missing women in Chillicothe, OH, in Peeples, OH nine people shot and killed; both remain unsolved. I could go on, but you can catch the rest on either of the above-mentioned TV Channels.”

The question then arises, who was the head law enforcement officer during the time of the above-mentioned tragedies. None other than the Attorney General and candidate for Governor of the State of Ohio, Mike DeWine.

Mike DeWine a living example of Dr. Laurence J. Peter’s Peter Principal. A county prosecutor who should have remained a county prosecutor. Not only has the leading law enforcement officer in Ohio, and his agency failed in their respective duty his prior actions as Lt. Governor exacerbated the illness which lead to the demise of the then head of the then Governor George Voinovich’s Office of Criminal Justice Services, Joseph Gilyard. 

It’s obvious that people have short memories.  Joseph Gilyard while acting as the head of the Office of Criminal Justice Services, was the first to find or note the criminal activity within the Franklin County Sheriff’s Office under the leadership of then-Sheriff Earl Smith.  In his attempt to bring this matter to the public’s eye he stepped on the toes of the leaders of the head of the Franklin County Republican Party. History was to later prove Joseph Gilyard’s accusations were right on the money as Sheriff Smith’s Chief Deputy and bag men were later convicted in Federal Court for violations of the Hatch Act.

But Joe would never know as he was of the receiving end of a hatchet job carried out by then Lt. Governor Mike DeWine at the bequest of then-Governor George Voinovich and John W. Wolfe, Chairman of the Columbus Dispatch a then-Republican newspaper. Mr. Wolfe was the holder of badge No. 1 in the criminal scheme of selling Deputy Sheriff Badges and commissions. Mr. Wolfe’s personal secretary was the Campaign Manager for Sheriff Smith.

A Law Enforcement candidate?  Not!  Just ask the families of the victims of those yet unsolved crimes and Joe Gilyard’s family.

Southern Ohio Justice Follow-up By: Nikki Blankenship

Scioto County leaders investigated for human trafficking

By Nikki Blankenship

Earlier this year, Spike TV aired its eight-part series, titled “Gone: The Forgotten Women of Ohio.” The documentary attempted to find answers in some of the area's unsolved cases, including the local case of Megan Lancaster who has been missing since April 3, 2013. Despite their efforts, there are still a plethora of questions that remain unanswered.

A sealed affidavit used in a trafficking case may provide more insights. According to the recently obtained affidavit, several local individuals have been named in a federal investigation into human trafficking, drug trafficking and public corruption that reaches all the way to the state level. The investigation links the alleged criminal organization to some of Scioto County's missing women. A sealed affidavit filed by the FBI with U.S. District Court for the Southern District of Ohio, Eastern Division in Columbus on Aug. 19, 2015, as part of a federal investigation, names several individuals in connection to varied criminal activities including trafficking in narcotics, human trafficking and public corruption.

Targets of the investigation include Portsmouth attorney and former City Councilman Michael Mearan; Portsmouth insurance agent Fred Brisker; Ashland, Kentucky car dealer Daren Biggs; convicted narcotics trafficker, Mark Eubanks, of Columbus; Timothy Wayne Mutter, of Franklin Furnace; Richard Glenn, of Portsmouth; Patricia Tsotsos, of Portsmouth; Trent Banks, of Columbus; Kenyatta “Yatta” Connally, of Portsmouth; Dan Schoenberger, of Columbus; Donald Smith, of Columbus; Brett Fluharty, of Milton, West Virginia; and Lindsay Porter, of Portsmouth. There were additional targets of investigation that remained unnamed in the affidavit. The list included an unnamed Scioto County Common Pleas judge, an unnamed state judge, various unnamed members of law enforcement, unnamed staff at Southern Ohio Correctional Facility (SOCF) and various levels of unnamed public officials.

The affidavit explains that information gathered up until the filing date had been collected through the FBI Portsmouth office and the Southern Ohio Drug Task Force (SODTF). During the time, the FBI and SODTF were making controlled buys of heroin and had already tapped the phone of one subject. Additional information was provided by confidential informants. Mearan is at the center of the investigation. The affidavit states that according to gathered evidence, “Mearan is an attorney and former City Councilman in Portsmouth, Ohio who recruits females to engage in prostitution in southern Ohio and occasionally other US locations.”

Per the affidavit, according to the investigation, Mearan allegedly conspired with public officials who pull legal strings in favor of females employed by Mearan. “Mearan has been reported as offering his legal services, clothing, residence, food etc., to females in return for them becoming prostitutes for him and conducting sexual acts for his clients including a Portsmouth, Ohio judge, Southern Ohio Correctional Facility Staff members, and local businessmen,” the affidavit states. “This information was obtained through numerous interviews, including interviews with former prostitutes. Mearan has also been reported as being involved in purchasing drugs, including Oxycodone and heroin, from Eubanks and others, in order to provide them to his prostitutes and clients.

Mearan has also been suspected as being in collusion with a Portsmouth, Ohio judge to get females out on bail, parole, etc., in order to use those females as prostitutes and with unknown law enforcement or legislative officials to tip off Mearan's drug suppliers including Eubanks.” The document indicates that the local attorney's involvement in prostitution can be traced back to the 1990s. According to the evidence presented, Mearan transported prostitutes across the country to meet with clients. These trips are allegedly set up by Mearan and Brisker.

“The females travel specifically to meet clients that were arranged by Mearan and Brisker. The trips would usually last between two days and one week. The scope of this investigation includes subjects who are conspiring with Mearan to facilitate the activities of the Criminal Enterprise in Ohio, Kentucky, New Jersey, Michigan, Florida and New York,” Drug Enforcement Agency (DEA) Special Agent Keith P. Leighton, who prepared the affidavit, reported.

Evidence includes a compiled list of females who worked as prostitutes for Mearan as well as men (commonly referred to as “johns”) who were provided their services. “The subjects include attorneys and one current state judge,” the document reads. “To date, 27 women have been identified as former or current prostitutes.”

Several informants gave statements of public corruption. In one such example, an informant reported that in late 2013, while she was incarcerated (outside of Scioto County), Mearan represented her as her attorney and helped her obtain a judicial release. She further explained that he then had her parole supervision moved to Scioto County by instructing the court that the female was a dog trainer and would be living with Mearan in order to train his dogs.

Evidence presented in the affidavit indicates that the female was not a dog trainer and became employed by Mearan as a prostitute. The affidavit further states that the informant was a prostitute for Mearan for approximately one year and met with interstate clients including Biggs. The affidavit further documents a separate interstate arrangement, which allegedly occurred in 2014, during which Mearan allegedly arranged for two women to travel to Palm Beach, Florida, to engage in acts of prostitution, all of which was corroborated by photos, telephone analysis and airline information.

Not only did the document link Mearan to acts of prostitution and drug trafficking, it further associated him with women that have gone missing or who have been found murdered.For example, it reads, “On April 3, 2013, a local female went missing after her automobile was discovered parked at a local fast food restaurant in Portsmouth, Ohio. This female was a known prostitute, intravenous drug user and a prostitute employed by Mearan. The investigation into this female's disappearance is currently being conducted by the Portsmouth, Ohio Police Department (PPD).”

The affidavit then states, “On July 17, 2013, another woman utilized in the past by Mearan to engage in prostitution was found deceased in the Scioto County area,” the affidavit reads. “An autopsy revealed the cause of death as multiple traumas. The investigation is being conducted by the Scioto County Sheriff's Office (SCSO) and remains unsolved. The FBI Portsmouth, Ohio office is providing assistance to the SCSO and the PPD with their investigations.”

Mearan is cited as being “an integral part” of numerous other investigations including an Federal Bureau of Investigation (FBI) Cincinnati Field Division White Slave Trafficking investigation, FBI Cincinnati Field Division Human Trafficking investigation, an FBI Detroit Field Division Extortion investigation, an FBI Cincinnati Field Division Mexican Drug Trafficking Organization investigation, an FBI Cincinnati Field Division Violent Gang investigation, an FBI Pittsburgh Field Division Violent Gang investigation and a DEA Cincinnati Resident Office investigation. Mearan's phone number has also been identified as used in association with online advertising with Backpage.com, a classifieds site known for sex-related ads and online prostitution. Advertisements associated with Mearan's phone number included ads flagged for featuring underage girls. Many individuals involved in the investigation for supplying narcotics to the criminal enterprise have since been convicted while other subjects remain at large.

“      

  According to court documents, the FBI began investigating a drug trafficking organization operating in central and southern Ohio in 2014,” Frank Lewis reported in an article titled “Locals sentenced in federal court” published by The Portsmouth Daily Times on Oct. 19, 2016.

Lewis' story further credited the convictions to Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration (DEA), Detroit Field Division, agencies participating in the Southern Ohio Drug Task Force, Columbus Police Chief Kim Jacobs and U.S. District Judge Michael H. Watson who presided over the case.

The investigation also led to the convictions of targets Mutter, Glenn, Eubanks, Smith and Banks as well as additional conspirators Johnathan Nunez, of Wheelersburg; Kent Whiteside, of Columbus; and Gregory Workman of Springfield. All have been convicted of conspiracy to distribute narcotics. There are no other known arrests associated with the investigation. 

Felons are Ohio's New PI(s)

         A lengthy and complicated new law enacted by the Ohio legislature and signed by Governor Kasich includes provisions that will make it easier for individuals with conviction histories to obtain employment and occupational licenses (PI Licenses).The law amends several Ohio statutes relating to collateral sanctions for criminal offenses by creating certificates of qualification for employment, reducing licensing restrictions for certain fields such as cosmetology, construction, security and private investigators, and expanding courts’ authority to seal criminal records.

      As it relates to occupational licensing (PI Licenses), the law generally removes the disqualification of individuals for most criminal convictions that are not recent (either within one or three years depending on the licensing agency), crimes involving moral turpitude, or a disqualifying offense. The statute contains a comprehensive definition of "moral turpitude" that generally includes serious crimes of violence or sexual in nature. A "disqualifying offense" is defined as an offense that is a felony that has a direct nexus to an individual’s proposed or current field of licensure, certification, or employment. The problem here is that Ohio’s licensing entity currently only views Murder and Armed Robbery and Domestic Violence as disqualifiers.

    The bill replaces the term "first offender" with "eligible offender," which is defined as anyone who has been convicted of an offense in this state or any other jurisdiction and who has not more than one felony conviction, not more than two misdemeanor convictions if the convictions are not of the same offense, or not more than one felony conviction and one misdemeanor conviction in this state or any other jurisdiction. Under both existing and the new law, convictions of certain specified offenses, and related convictions in specified circumstances do not count as a conviction.

     While other States and PI Associations attempt to bring about a more professional status to private investigators Ohio takes a step backward and invites convicted felons and ex-cons to become licensed PI(s) in their state.

Justice In Ohio

PISGS would like to hear how our licensed security guard and private investigation companies "Contribute to a Safer Ohio"  Please take a moment to consider how you and your company make Ohio safer. What do you do on a daily basis to make our citizens feel safe and secure?

                                                Justice In Ohio  By: Jim Silvania

                        I received the above in email from the Ohio Department of Public Safety asking for comments as to what as a private investigator I do on a daily basis to make citizens in Ohio feel safer?

I cannot speak for every licensed private investigator in Ohio nor the Nation but I can reflect on my 33 years of being a private investigator and 20 years as a law enforcement officer in that state.

                        What private investigators in Ohio attempt to do is bring to its citizens is JUSTICE. You know the blind lady with the balancing scales. Something very lacking in this state. One only has to watch cable tv’s Investigation Discovery Channel or Spike TV to see the many miscarriages of justice in our state.  Missing women in Chillicothe, OH,  in Pepples, OH nine people shot and killed; both remain unsolved. I could go on, but you can catch the rest on either of the above-mentioned TV Channels.

                        Ohio is political unique in that it has 88 counties and therefore 88 county coroners and 88 county sheriffs, but only 4-5 of those counties have a forensic pathologist as the coroner. The others have your regular family physician with no forensic experience to determine the cause of death. In many cases private investigators in Ohio are called upon to relieve a family’s grief in attempting to determine the true cause of a wrongful death. Yearly a number of homicides in the State are written off as natural or accidental deaths.

                        The State of Ohio is like several other states nationwide that have a highway patrol rather than a state police with statewide policing jurisdiction. In Ohio, unless you commit a criminal act in a motor vehicle upon a state highway or on state property can justice be obtained by the Ohio Highway Patrol. Off the road, justice is left to local law enforcement which in most cases is one of the 88 county sheriffs. A requirement to become a law enforcement officer in one of those 88 sheriff’s department is only 695 hours of training. Although several of the departments may require more the basic standard for administering justice is 695 hours. Enough said for that matter.

            In regard to the 88 county sheriffs, there are ups and downs as in some of the southern and eastern counties of Ohio the department runs out of funds before the year ends and justice is reduced to bare bones or none at all. Every year two or three of those elected 88 sheriffs are indicted and convicted of RICO, Hatch Act or improper use of criminal justice funds; justice upon those who are required to bring its citizens justice.

            What does it take to become the head administrator of justice, a sheriff in all of these 88 counties: a high school degree or its equivalent, have been a law enforcement officer 13 pay periods within the four years prior to running for office and 2 years supervisory experience as a sergeant or above?  That’s not to say that by luck some of those 88 do a great job. But who picks up this justice slack for the Ohio Citizens, the Private Investigator.

            Who investigates complex major embezzlement and economic crimes for businesses. Not the FBI, they’re too busy allegedly catching a terrorist. Only the major cities in Ohio have educated and trained law enforcement officers who can bring about justice for the economically wronged. The rest of Ohio’s Citizens must rely on or pay for the services of a private investigator to bring about justice. Intellectual property crimes are also left to the enforcement of private investigators.

            Many domestic and child custody matters now days involve accusations of drug or child abuse. Private investigators are hired to obtain the truth in these allegations thus assisting citizens to obtain justice in said matters.             Probate matters other than finding rightful heirs often lead to a fight over that last dollar on the table. Private investigators attempt to bring justice in probate matters to the rightly deserved. Wrongful incarceration, when law enforcement evades justice, requires in most cases a private investigator to obtain justice for the wrongly incarcerated individual.

            As you can see in Ohio, as in every other state, obtaining justice is not a sole responsibility of the State. The private investigator can assist it citizenry to obtain the justice they desire. And it is justice, and the search therein that provides for a safer and more honest State.  

Free to Become Otherwise

      A long, long time ago while attending Capital University here in Columbus, OH I wrote an op/ed article for the campus paper which was based on the premise that “All Men Are Created Equal and Should Be Free to Become Otherwise.” I still after all these years, additional education and life experiences believe in that premise, but with exceptions.

As we all know God did not create us equally. We are not duplicates made from the same cookie cutter mold. Some have hair, other do not. Some are gifted with higher intelligence, vocal, musical or artistic talents.  Others different in skin color, language, religious beliefs, gender, size and a multitude of other things that make us, us. But we should be free in this country to become whatever it is we care to be as long as it is not a violation of our statutory laws or does not interfere with the another’s freedoms.

When we are not given the freedom by outside forces to obtain those goals it is called discrimination.  The Constitution and the Civil Rights Acts address those issues and offer a legal path to correct those issues.  It should be applied freely to all, period.
When those outside forces attempt to force us to believe as they do it attacks our freedom. It becomes oppression.  If we disagree with our oppressors, we are labeled as non-believers, racist, homophobes, rednecks, and a multitude of other slanderous names depending on your standing in the community.

Our “Freedom to Become Otherwise” has been under attack for a number of years now but never so much as within the last few. In this country, there should be no such thing as labeled Americans. If you are born here or obtained legal status as a citizen, then you are an American. There should be no hyphenated Americans, just plain old Americans. Who have one flag, the Stars and Strips.

Your religious beliefs should be your own with the freedom to worship the God or the Prophet of your choosing. But you should not have the freedom to impose those beliefs on others. The same applies to sexual beliefs. Whatever you care to do in your own bedroom, that is within the law, is up to you but you should not be allowed to force others who do not accept your life style to bake you wedding cakes if they care not to.

There is a thin line between freedom and oppression and it is dependent on who’s ox is getting gored. We are supposed to be a country of laws. The statue of Lady Justice is blindfolded for a reason and the scales should be balanced for all. There will always be those who care to oppress our freedoms and unbalance the scales of justice but our right to freedom for a  better life should never be repressed because of other beliefs.

Razzle but No Dazzle

                   Razzle but No Dazzle   By: Jim Silvania

Razzle has come to the world of Private Investigation and Software Development via a variation of a Nigerian Scam.

Razzle is an old carnival game of skill or chance in which an individual pays money for a chance at a prize. The most common version of this illegal game seen at carnivals is football. Eight marbles sized balls are given to the player in a cup to roll out onto a playfield board this has holes for the marbles to go into. Numbers are assigned to each hole and totaled up as yardage for football or miles for a car race. At first the operator cheats in favor of the player by fast counting and makes it appear that the player is winning. The operator then entices the player to continue to play as he or she is close to winning the grand prize. When the player continues the operator no longer cheats for the player and the astronomical odds of winning take over. Winning the local lottery or Power Ball has better odds.

So let’s apply this the scam to a mythical case and a factious PI named Michael Singh. Mr. Singh claims to be highly educated spyware developer who assist individuals and private investigators install spyware on cell phones. He advertises that he can do that from his office and does not have to have the cell phone in his possession. All he needs is that individual supply him with the target’s telephone number. This mythical PI can be reached at Michael Singh michaelsingh231@gmail.com or by messaging him on his cell phone at 302/ 317-1108. He even supplies his customer with false identification in an attempt to verify his reality.

First you pay upfront the cost of the software, followed by his fee for installing the software. Once that you have forwarded those funds to Ile-Ife, Nigeria address additional charges soon follow:

“I am presently done with your job but the Results came out in Encrypted form.
Cases like this are common these days.
Because the target in question always encrypts his/her number so that information would not r accessible.
But then I already got in touch with the hacker I work with.And to decrypt the results, it usually cost 105$.
But the good new is that decryption takes only 45mins. After which the results would be in plain words understandable to humans.
So presently you would need to make a payment of 105$.let me know wen you get this so I forward you the information of the hacker”; and so on and so forth or until the client runs out of money.

When the client complains he is threatened by Mr. Singh who states he develops spyware for the IRS and knows people who will get you.

“I cannot make the refunds because I already purchased the spyware and used it for the job and I would be sending your results like that to you in code so you figure out how to decrypt it, which would cost you close to 4times the amount I told you. I work with the IRS as their spyware developer and I know a lot of people.”

             If that’s not enough, days later the scam continues when you get an email from a Nigerian Private Investigative Agency, Augustus Hall Ltd. claiming that for additional funds they can solve your problems with Mr. Singh and get your previous investment with Mr. Singh refunded.

Every PI has had a client who has been scammed or been requested to follow-up on a Nigerian Scam but this is the first one I have come across which was directly related to our industry. Forewarned is forearmed so please be advised.

                     I’d Rather Trust a PI

              Let me start out by explaining that this article was written under the new Justice Department and FBI guide lines that apply to intent, otherwise known as the Clinton Rule.  Because of the possibility of early onset Alzheimer’s and possible dementia due to my age, older than dirt, I can no longer be held to the old standards or the standards of anyone younger than me or who is a politician.  
              I have over those years authored three books that contain either chapters or deal with “ethics”. I have as well, authored several articles on “ethics” that have appeared in national publications. In addition to that, I have always made “ethics” a part of my curriculum in teaching over 20 years at the college level. I therefore believe I can forward my two cents on the current issues at hand.

There was a time when having a resume that contained or listed past FBI Agent, FBI National Academy Graduate, ATF Agent or IRS Agent meant something. That was ended today when now FBI Director addressed Congress.

I guess the current teachings at the above Federal Law Enforcement Academies now include classes on how to lie to Congress, how to kill Border Patrol Agents and get away with it and how to plead the 5th and still keep your job.  I guess I should include the new Secret Service class of how to pick up hookers in Columbia but that was previously covered by how to pimp for Bill Clinton.

The majority of national groups of private investigators all have a code of ethics that apply to the professionalism of the profession. If one does violate the stated ethical code of that organization, one can be removed for said violation. Even “lawyers’ have an ethical code and violation of that code can lead to disbarment. Bill Clinton was disbarred.  Marilyn Mosbey the Baltimore County Prosecutor has had disbarment charges brought against her. Should their respective bars consider disbarment for Hillary Clinton and James Comey?  I always though perjury was a crime.

            I would be remiss if I did include the latest happenings in Ohio. That is 6 unsolved murders or 4 deaths and two missing females in Ross County and 8 unsolved murders in neighboring Pike County.  One of those events became a script for a national televised syndicated TV series.  The story of the 8 deaths in Pike County will no doubt follow. What’s my point here.

While driving by the death scene of the Pike County incident I observed an Ohio State Highway Patrol Officer directing traffic, but that’s what they’re good at. Who’s investigating the 14 unsolved homicides? Not a State Police Agency with real investigative experience but political entities of the Buckeye State Sherriff’s Office and a political arm of the State AG’s Office.

How many more people in this nation and our state must die before we are provided with professional law enforcement unheeded by political pressures.  As tax payers don’t we deserve better.

        If I’m shot call a PI to investigate not some political unethical law enforcement officer who no longer upholds the ethical standers of his or her profession.
           

Dealing With The Control Freak

A while back I wrote an article for PI Magazine entitled “Dealing with the Paranoid Schizophrenic Client”. I would like to continue along those lines and add some input in dealing with the “Control Freak”.

A control freak can be defined as “someone who wants to control every aspect of a situation and will not allow other people to share in making decisions.  “Controlling people can be hard to live with—with their constant advice, rigid routines, and schedules, times; their backseat driving and their demands that the dishwasher needs to be loaded in a certain way, and the tools in the garage put back on the proper hooks. They obsess and map out every minute of Thanksgiving or Christmas weeks in advance, and they get irritable or angry when plans get disrupted or you fail to follow through on what you said you were going to do.”

You know you are a control freak if:

1. “You believe that if someone would change one or two things about themselves, you'd be happier. So you try to "help them" change this behavior by pointing it out, usually over and over.

2. You micromanage others to make them fit your (often unrealistic) expectations. You don't believe in imperfection and you don't think anyone else should either.

3. You judge others' behavior as right or wrong and passive-aggressively withhold attention until they fall in line with your expectations. Sitting in silent judgment is a master form of control.

4. You offer "constructive criticism" as a veiled attempt to advance your own agenda.

5. You change who you are or what you believe so that someone will accept you. Instead of just being yourself, you attempt to incept others by managing their impression of you.

6. You present worst-case scenarios in an attempt to influence someone away from certain behaviors and toward others. This is also called fear mongering.

7. You have a hard time with ambiguity and being OK with not knowing something.

8. You intervene on behalf of people by trying to explain or dismiss their behaviors to others.”

In domestic matters the above has led to increased sales of Cell Phone Spyware and GPS(s) being sold as well as a PI being asked to assist the individual in their controlling endeavors.  Either party in those situations may be the one to ask for your assistance; the controller or the controlee. At what point does it become an ethical question for the investigator.

In my personal situation I have even received a card from an individual on whose car I had placed a GPS to determine if he was having an affair. Unbeknown to his wife the subject had placed spyware on her cell phone so after wasting my client, his wife’s money he sent me a “Got You Card” letting me know he was aware of everything. Even though Cell Phone Spyware is illegal the internet is flooded with software companies willing to take the chance and sell the software to anyone willing to pay the price. One should look at 18 U.S. Code § 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited prior to engaging in such endeavors.

In domestic matters If they have tried counselling and all else fails you must be ready to tell your client if they are the controlee to be prepared to walk away – let their significant control other people.  At least you did your part. But again this is an ethical situation as to due I assist my client or keep my mouth shut?

In another personal matter after providing surveillance for the controlee before coming to the conclusion that he was one I got the call from the controlee who said no sense in wasting her husband’s money she would just call me in advance to let me know where she was going. The money was great but at what point does the PI become a stalker.

Every day a PI engaged in domestic surveillance comes across the “Control Freak” and you have to ask yourself do I take the money and run or do I say no. Each case if different because you may not have the knowledge that your client is a control freak until later in your investigation. It is an ethical dilemma that PIs face every day.  Do I do the right thing or make money?

The Downfall of Federal Law Enforcement

The Downfall of Federal Law Enforcement

I hate to write these things when I’m pissed but the current circumstances leave me no choice.  There was a time in the Law Enforcement and the Criminal Justice community when Federal Law Enforcement Agencies were held in high esteem, but those times have come and gone.

I started to have my doubts when “Fast & Furious” came about and it became common knowledge that the ATF sold guns to the Mexican Cartels who in turn executed a Border Patrol Agent with one of those fire arms. I used to call the local ATF Office once in a while and ask, “How many Border Patrol Agents have you kill today?”. But with all the other Federal Agencies following down that  same dark path I’d spend all my free time on the telephone.

I could call Homeland Security and ask them “How many terrorists have you let in the country today?” But I think I would get the same response I get from ATF.  Then again I could call the TSA and ask them how many bombs have you found today but there too busy frisking white haired old ladies to answer the phone. Then again I could call the U.S. Secret Service but they’re all shacked up with hookers supplied by the same Mexican Drug Cartels that the ATF sold the guns to. Then again I could call an IRS Agent but they’re too busy pleading the 5^th before Congress and spying on Tea Party Members.  Then there are the new EPA Police now armed and dangerous and the Homeland Security Police, which I quit haven’t figured out their roll out yet except they’re the reason there is a shortage of ammo and then there are the U.S. Land Management Police whose job it is to throw ranches off the property they’ve been grassing on for years. Get my drift?  Today though was kind of the final straw before taking pen to hand, when I read:

“Counter Violent Extremism (CVE) Training Do’s and Don’ts”; Who writes this stuff, CAIR.

This is perfect example of the tail wagging the dog. A few egg heads who think they know what’s best are now running the show. They are either the most incompetent individuals on the face of the earth or the most skilled. They are undermining the professionalism that Federal Law Enforcement . If they are anything like the Homeland Security female who was recently interrogated in front of Congress by Representatives Trey Gouty and Jim Jordan, I’d error on the side of incompetence but then again.

I know jobs are hard to come by but how can any Federal Law Enforcement Agent look at their self in a mirror in today’s world. They have got to come to the realization that whatever professionalism they had is now gone and they must make amends to correct that behavior. That may mean kicking their bosses ass but enough is enough.

Hate the Unions Day

                                        Hate
the Unions Day

 

            My day started off like any other
day. The dogs got me up so they could go out to do their morning business while
I started the coffee pot and plopped a couple of pieces of bread in the toaster.
After letting the dogs in I settled down for that first cup of coffee and
downloaded the morning issue of the Columbus Dispatch to my Kindle.

            As always I checked the obituaries
first to see if I was among the dead but there stumbled across a memorial to
the late John E. Scales, president of Local 423 Labor’s Union. A memorial to a
crook and a felon. I played a small part in his conviction but a large part in
the conviction of Robert White, who followed in John’s footsteps, become the
president of Local 423 and a convicted felon. 
Enough about Local 423, the Union of Felons.

            I put that aside and headed to the
Post Office at Beechwood and Livingston to mail a Priority Mail package. There
I was greeted by a line that ran out the door. Let’s see the USPS pays millions
of dollars in advertising to get us to ship Priority & Express mail but due
to the Postal Union’s requirements only one employ can work behind the counter.
To make matters worse only a few of the fifteen people in the line in front of
me spoke any English.  Guess they’re used
of receiving their mail via goat cart or donkey. But in all it took me longer
to drop off my package than it will take it to get to its final destination.

            So after my visit to the Post Office
I continued on my way and stopped at Speedway to get gas, another mistake. Gas
prices had risen some thirty cents per gallon. 
Right now there is more oil in this country than ever in our history.
There’s a glut. But thanks to the United Steel Workers of America and their
refinery strike gasoline is not being produced from that oil. Guess the United
Steel Workers of America need to bring in more money to funnel to the
Democratic Party. All of us on pensions and fixed income thank you.

            And speaking of the Democratic Party
and their Union the Black Caucus I must admit to my mistake here. I stupidly
voted for Joyce Beatty as the Congressional Representative of my district.
Well  when her Union, The Black Caucus,
apologues to every ex, current or retired police office in American for their
continued perpetuation of the “Hands Up, Don’t Shot” lie I might consider
voting for another Democrat in my lifetime.   But don’t count on it.

 

What Goes Around Comes Around

                                           What Goes Around Comes Around                                      

We in the Private Investigation industry are in the business of providing information so that others can render solutions. But as a follow-up to my last article entitled “Conducting Ethical Investigations in a World Seemingly without Ethics” I would like to provide a solution.

            Years ago while attending Graduate School at The Ohio State University I submitted a term paper entitled “Some thoughts on the causes of crime and delinquency” that was later published in the State FOP Magazine then known as the Ohio Police”.

            A Chinese study I referred to in that article was the results of a program that ended crime in the Province of Lu. The study read as follows:

            “I have made a study of our prisons and I discovered that almost all the prisoners are poor, or children of the poor. I have also discovered that almost all the prisoners are ignorant or children of the ignorant. It therefore seems that poverty and ignorance make people commit our laws and commit crimes. If we could do away with poverty and ignorance then we would have no more crime in our land.”

            The question was raised as to how would one do away with poverty and ignorance?

            “The way to do away with ignorance is through education. If we educate all the people, then we do away with ignorance. We can do away with poverty by teaching the people useful trades and occupations so that they can earn and honest living.”

            When asked by the community leaders how do we bring about this change the answer was:

            “You are their leaders, it is your duty to be good and honest. People need leaders who they can follow.  If the leaders are corrupt the people will also be corrupt. But if the leaders were good, the people will follow their example and also be good.”

            The above was written by Confucius in 550 BC when he was the Minister of Crime in the Province of Lu in China.  After two years of the above program being implemented the prisons were empty.

            Recently in my home city of Columbus, Ohio and similarly as in Atlanta, GA. School administrators to include principals and teachers were criminally indicted for changing student’s grades from failing to passing as well as absences to presents in order to obtain pay bonuses; thusly dumbing down our youth to a life of ignorance and crime.

            As a personal note, it was the main reason I gave up teaching part-time at the college level.  My students couldn’t read nor write and had a hard time speaking English..

            As I watched the happenings of the fiasco in Ferguson, MO. I could only relate back to the above 550 BC findings as lawlessness and criminal activity played out on national television for all to see. It was only interrupted by so call leaders exacerbating the circumstance.

            Until we demand honesty from our leaders we are doomed to a society of ignorance, poverty and crime. The solution was found in 550 BC but then who reads.

                       

  

            

Conducting Political Investigations in a World without Ethics

Conducting Political Investigations in a World without Ethics

           

The standard for ethics in our profession was set by Kitty Hailey in her text entitled “Code of Professional Conduct, Standards and Ethics for the Investigative Profession” and “do no harm “continues as that standard. But might I query, ‘harm to whom”?

Harm to our purse or wallet; harm to our children by not provided them with the latest technology or a college education; harm to your significant other by not being able to provide for that yearly vacation; harm to your political and/ or religious beliefs and harm to all of mankind. I guess the answer depends on whose ox is being gored.

“Doing the right thing when no one is looking” has also been a past standard but in today’s world there is never a time when someone isn’t looking.  I just finished reading Sharyl  Attkinson’s best seller “ Stonewalled” and began question myself as to what the right thing was. To some her text will be pure fiction while to others it will be the blatant truth.

What do we as investigators do if placed in Shayl Attinson’s shoes?  Do we have a greater responsibility other than handing our client what we believe is a factual report? If there is an extreme injustice are we to turn a blind eye?  

Doing no harm is an object statement that each investigator faces with every investigation that he or she conducts.  When does a simple locate or domestic surveillance case become stalking?

We are all in this for the money as no one in their right mind would do this for free.  So what part of yourself are you willing to sacrifice for your client?

In conducting political investigation one must first inquire as the reason behind the inquiry. Why were you asked to conduct the investigation? Was there or is there ongoing political corruption or is your client just looking for dirt?

What happens to the truth as you come to know it? If you are a believer in Ms. Attikinson’s findings in “Stonewalled” who do you trust?

At present we are living in a world with no apparent ethics or moral standing. If you have both you become the villain to be demonized.

As an investigator you must look in the mirror daily and ask “Am I doing the right thing?” Am I doing no harm? You only have two people to answer to in the end, that’s yourself and a deity if you so believe. If an atheist only one. But most assuredly if you are a NALI member you have to answer to Kitty Hailey.