Forensic Hypnosis Interview for Heightened Memory Recall
Podcast by the talented Matt Spaier hosting for PI Perspectives Podcast
We are back with a brand-new show. Today Florida PI, John Gaspar joins us. John had an amazing career with NYPD and worked for many years in the Major Case Squad. Along the way, he was trained in Forensic Hypnosis. He has worked on some very big cases over the years. Today the guys discuss Hypnosis and investigations.
Forensic Hypnosis Interview for Heightened Memory Recall
Podcast by the talented Matt Spaier hosting for PI Perspectives Podcast
We are back with a brand-new show. Today Florida PI, John Gaspar joins us. John had an amazing career with NYPD and worked for many years in the Major Case Squad. Along the way, he was trained in Forensic Hypnosis. He has worked on some very big cases over the years. Today the guys discuss Hypnosis and investigations.
As one of the authors of this article and a former member of the New York City Police Department, during my tenure I (John) received a call from the Chief of Detectives to report to the Special Investigation Unit (SID) and was recruited as the “fifth” NYPD Forensic Hypnotist in the department’s history. During my tenure in the Detective Division Special Investigations Hypnosis Unit, I became one of the 10 most experienced forensic hypnotists in the United States. As a forensic hypnotist, I worked on police shootings, missing persons, homicides, robberies, and other cases from all walks of life. Some of the cases I personally worked on will be discussed at the conclusion of this article.
The history of hypnosis can be traced back to the 18th century, when physician Frank Mesmer (1713-1815), considered the western father of contemporary hypnosis, was one of the first to develop a consistent method of hypnosis.1 Then the father of therapeutic hypnosis Sigmund Freud studied with Charcot in France in 1885 and was impressed by the therapeutic potential of hypnosis for neurotic disorders. On his return to Vienna, he used hypnosis to help neurotics recall disturbing events that they had apparently forgotten. As he began to develop his system of psychoanalysis, theoretical considerations, as well as the difficulty he encountered in hypnotizing … “some patients who became hysterical.” Hence, he referred to Hypnosis as Hysteria.2
An excellent article on forensic hypnosis in Wikipedia “The Free Encyclopedia” (https://en.wikipedia.org/wiki/forensic_hypnosis) defines this investigative tool as using hypnosis in the investigative process as evidence in court. This sleuthing strategy became popular from the 1950s through the early 1980s. In 1990, however, its popularity mostly diminished. Pulling this thread even further, the article goes on to mention that the United States Department of Justice alleges that hypnosis may be occasionally used in investigation. Because of bad forensic hypnosis interview practices some of the information obtained may be considered inadmissible in a court of law.
A trailblazer in using forensic hypnosis for memory recall was Dr. Martin Riser. In 1972 Dr. Riser, Training Psychologist & Director of LAPD’s Behavioral Science Unit, applied the use of forensic hypnosis to support memory recall in police work. When I was an NYPD detective, I was assigned to the Special Investigation Hypnosis Unit. I had the opportunity to be trained and mentored by Dr Riser. In 1974, a NYPD detective sergeant named Charlie Diggett came across a book called Hypnosis in Criminal Investigations by Harry Aarons. Diggett and NYPD’s department psychologist Dr. Schlossberg laid the foundation for NYPD’s Hypnosis Unit in 9 months. Herbert Spiegel MD was the author of Trace and Treatment and professor at Columbia University. I had the honor of studying under Herbert Spiegel MD. He was also my mentor and a NYPD consultant.
Forensic Hypnosis
When hypnosis is used in criminal investigations, it is termed forensic hypnosis. Forensic hypnosis is used to allow a witness or victim a better environment for recalling details of a crime, environment and/or other stored memories and details that they might have forgotten. He noted from research that the more personal and/or violent the crime was, the greater the subject’s recollection.
Herbert Spiegel M.D, author of Trace and Treatment, discusses ways of measuring subject ability including the Stanford and Harvard Hypnotic Susceptibility Scale. An oversimplification of their findings when evaluating the subject’s potential to be a good candidate is that those with the attributes of follow directions, are creative and are intelligent support a better experience as a subject of hypnosis for memory recall.
NYPD adopted many of our procedures from Dr. Herbert Spiegel including the Spiegel Eye Roll, a process to initiate hypnosis and measure a subject’s ability to be a good candidate for a forensic hypnosis interview.
What is Hypnosis?
Hypnosis is a heightened concentration of one’s mind allowing it to focus on a set objective. The Mayo Clinic describes hypnosis as a changed state of awareness and increased relation that allows for improved focus and concentration.3 A layperson’s definition of hypnosis is when a person while traveling in their vehicle loses track of their exit, only to discover they motored past their destination – AKA Highway Hypnosis.
Another is whilst coming home from the beach and being so relaxed that you do not answer your telephone – level one hypnosis.
The History of Hypnosis / NYPD Hypnosis Unit
The commanding Officer of the NYPD Hypnosis Unit was Lt. Timothy Burns. The young man in the photo is me, Detective John M Gaspar. To my right was Detective Milagros Markman. The three of us were the only Certified Forensic Hypnotists in NYPD Hypnosis. The Hypnosis Detective Unit was assigned to cases with the highest priority including police shootings, missing persons, homicides, robberies, and cases sent directly to us by NYPD Chief of Detectives.
Hypnosis TRUTH or FICTION
Is Hypnosis Harmful? According to WebMD – hypnosis is usually safe as long as a trained professional performs the exercise.4
Can you do something to harm yourself under hypnosis? In the context of an interview to ascertain information in an investigation, the answer is: it is not harmful. I would not recommend driving or using power tools while under hypnosis.
Can one lie under hypnosis? The simple answer is YES, but subjects are less likely to do so once a rapport is established.
Can one get “stuck” in a hypnotic trance? The simple answer is NO. The next step after hypnosis is sleep.
Are individuals with lower IQs more susceptible to hypnosis? In actuality, the converse is true. Studies have shown that individuals who are more likely to be hypnotized are those who are able to follow directions. Moreover, creative individuals such as artists and musicians make good candidates, and first responders also make good candidates since they are accustomed to taking orders and following directions.
Steps in Conducting a Forensic
Hypnotic Interview
Develop rapport,
Select a quiet and comfortable interview location,
Get only the basic information on the case before the interview begins. This minimizes the chance that a hypno-investigator would influence the subject (that is called confabulation),
Formulate questioning strategy – never use influencing type questions,
Devise a shorthand note taking strategy,
Video the entire session from 1st meet to exit,
Use open-ended questions,
Avoid furnishing information,
Allow ample time for answering investigative queries,
Observe body language, micro movements,
Never interrupt the interviewee,
Listen intently for clues and rephrase questions as needed.
How to determine if someone in is a Relaxed Hypnotic State
Change in breathing.
R.E.M
Listlessness
No concept of time
Age regression
Physiological changes including skin temperature
Speaking in their mother tongue
Recent Florida Newsworthy Hypnosis Interview Case:
Law enforcement jurisdiction: Florida Department of Law Enforcement (FDLE agent)
Criminal case – missing person “Police Say 5-Year-Old Haleigh Cummings is Dead”, identify persons of interest in the case. Haleigh Cummings, the 5-year-old who vanished from her father’s Florida home a number of years ago, is believed to be dead and investigators said that they’ve identified several people of interest. Person interviewed: Misty Croslins Cummings5
Forensic Investigation Findings Information provided by Misty Croslins Cummings during a forensic hypnosis interview by Investigator Gaspar did not match the forensic information provided by law enforcement or the layout of the house. Misty Croslins Cummings was a voluntary witness who intentionally or unintentionally resisted relaxation.
A SAMPLE OF NYPD CASES
Bank Robbery Downtown Chase Bank, NYPD Special Investigations Division Hypnosis Unit
Two Midtown NYPD detectives accompanied a witness to NYPD Hypnosis Unit. The witness who could not remember a tag (plate) number of an automobile that was used in a bank robbery. The subject was male/Hispanic, in his mid-40s. The location was a Chase Manhattan bank in Midtown Manhattan. The interview of the bank teller witness was done at 1 Police Plaza 11th Floor Hypnosis Unit. The detectives remained behind a two-way glass wearing earphones. The hypnosis session was audio taped. The witness under hypnosis reported “I walked out of the bank after he saw him leave., shit it’s cold....he drove away.” The witness explained he fell on a piece of ice as the auto was leaving and hurt his arm. As I interviewed the witness, I noticed him shivering, his arm was cold to the touch. It was winter and the subject was manifesting signs of skin temperature cooling that was much colder than the heated interview room. Good subjects can actually relive the experience as if they were there. The subject in the hypnotic state was able to describe the auto and read the tag number. A computer check matched the description of a brown Toyota viewed by the witness. The detectives ran the plate number. The owner was identified as the bank robber from fingerprints and an in-person line up. Case closed.
NYPD Missing person Etan Patz Case
NYPD Detective John Gaspar, Hypnosis Unit. About three years after Etan Patz was abducted, a cab driver witness came forward. He was placed under hypnosis to provide a better environment for memory recall by Detective Gaspar. The cab driver traveled back in time under hypnosis 3 years and remembered, with great clarity, the day, the weather, and what the north and south of Houston Street area looked like. Even though a major construction facelift was given to that neighborhood, the cab driver was able to give important information to etective Gaspar.6
Civil Case– location of property Philadelphia Private Sector Civil Case
A 79-year-old woman (hypnosis subject) cannot find $250,000 of cash & gold coins. 5 people had access and knowledge of the money but not the location. The private investigator I was hired by is a former FBI agent with whom I worked. The subject was a good subject for age regression. Under hypnosis she went back in time through progressive relaxation to each location and time she hid her valuables. She advised that there were numerous hiding spots at different homes she lived in. When she age regressed under hypnosis, she methodically visited each residence. When she visualized her newest home in Connecticut, she recalled putting the valuables in a locked storage container behind the headboard of bed. We recovered the coins and case valued at $250,000. Case Closed.
As an investigator, how can you utilize forensic hypnosis?
Missing persons
Missing property
Missing anything
Missing memories
Criminal witnesses
Witnesses in civil cases
Violent crimes (robberies, homicides, sexual battery, acts of terrorism)
How do you as an investigator benefit from forensic hypnosis memory recall as an investigative tool?
Providing an interview modality to recover information on person, place, events
Locating property and things
Supporting a comprehensive interview with the subject
New leads to follow.
Offer your client more options and a greater chance of being successful.
Referral fees for recommendations when allowed by law.
Closed cases with results.
Conclusion
Investigative sleuths come in all sizes and shapes. As a soldier in the war on criminality, I learned early on in my career that peeling back the onion on people, places and events is not always an easy task. Through hypnosis I learned that science gives us knowledge, opinion gives us ignorance. When it comes to connecting dots, forensic hypnosis is a beacon in the darkness and a light at the end of the tunnel of uncertainty. As we traverse the 21st century, it should be elementary to all investigators that forensics and justice go together like a horse and carriage – you can’t have one without the other. It would be wise for both public and private sleuths to research this investigative road less traveled and see if forensic hypnosis is a good fit for their firm’s menu of specialties!
References
1. https://www.britannica.com/biography/Franz-Anton-Mesmer
2. https://en.wikipedia.org/wiki/Sigmund_Freud
3. https://mayoclinic.org/tests-procedures/hypnosis/about/pac-20394405?p=1
4. https://www.webmd.com/mentalhealth/hypnosis-risks-side-effects
5. Misty Cummings, is Hypnotized by John Gaspar Channel 35 News
www afipi com https://www.youtube.com/watch?v=GGioifpiG-o
6. https://static1.squarespace.com/ static/559d70cee4b0b891523af0e7/t/55e74960e4b048d3ac3
0a785/1441220960662/Etan+Patz+Case.pdf
7. NYPD Document 373b “ITS USE HISTORY and FUTURE”
8. Arons, H. “Hypnosis in Criminal Justice” Power Publishers, South Orange NJ
9. Diggett, C. “Hypno-Cop” Doubleday & Company, Garden City NY 1982
10. Reiser, M. Handbook of Hypnosis, LEHI Publishing, Los Angels CA
11. Kuhns, B. “Hypnosis and the law”, Westwood Publishing, Glendale CA
12. “Evidence-Hypnosis Admissibility of Post Hypnotic Identification “Criminal Law Reporter
13. Demystifying the Investigative Process by Anthony Luizzo & John Gaspar P.I Magazine Nov/Dec 2019
John M. Gaspar
John M Gaspar, B.S, M.S, MMBA, CFE, BAI CSI is the Current President of Florida Association of Private Investigators (FAPI). He is a former President of the Society of Professional Investigators (SPI), Past Program director of BAI, Owner of All Florida Investigations & Forensic Services Inc., Retired NYPD Certified Forensic Hypnotist, Major Case Squad Detective, Retired FCSO Detective Supervisor in Charge of the Economic Crime Division, Retired FCSO Administrator: Professional Standards, Director of FLA-PAC Police Accreditation/ CALEA National Recognition, & Director of Training, Florida Department of Law Enforcement Instructor Investigation, CSI and Crisis Intervention (Hostage Negotiator), Professor Academy Instructor, Program Lead Human Diversity Instructor, Keiser University Academic Dean & Department Program Coordinator for CSI., St John’s University adjunct professor. C.J Bethune Cookman University adjunct professor, retired Daytona State Colleges Adjunct Professor and FDLE Instructor for advanced and specialized courses. Author of Fraud Articles for ACFE and Numerous Articles for PI Magazine on Investigations, CSI and Ethics.
Anthony Luizzo
Anthony Luizzo, PhD, CFE, CST PI (Ret. NYPD) is a published author and coauthor of HEALTHCARE SECURITY: SOLUTIONS FOR MANAGEMENT, OPERATIONS AND ADMINISTRATION
Routledge: Taylor & Francis Group publishers -2022. He has authored dozens of articles for security management, accounting/auditing and investigative journals. He is the former CEO of L.C. Security Consulting Group, Board of Directors of Accufacts Pre-employment Screening (publicly held corporation), Director of Security Programs: NYC Mayor’s Office of Economic Development and Business Services, and Corporate Director of Loss Prevention Bureau: NYC Health and Hospitals Corporation. He was the first elected Eastern Region Governor: Association of Certified Fraud Examiners (www.acfe-member profiles-Anthony J. Luizzo), founding member / president emeritus of the New York Chapter: Association of Certified Fraud Examiners and past president: Society of Professional Investigators (SPI). He is a frequent contributor to PI Magazine.
“On December 25, 1991, the Soviet hammer and sickle flag lowered for the last time over the Kremlin, thereafter replaced by the Russian tricolor. Earlier in the day, Mikhail Gorbachev resigned his post as president of the Soviet Union, leaving Boris Yeltsin as president of the newly independent Russian state”.
I was commissioned by the First National Bank of Lublin to come to their city and assist retired Lublin Police Officers with executive protection training. They felt with the fall of the Soviet Union and the release of hundreds of unemployed skilled KGB agents that kidnapping for ransom would be an inevitable and realistic threat. I used the declassified information and training material that I received from NYPD and the Secret Service as the basis for my training program. I then had the training translated into Polish for teaching purposes.
First-class Airfare was provided and after a pleasant 9-hour trip I arrived in Warsaw. I loved the amenities of first class, hot hand /face towels, salmon appetizers, eye coverings, and a four-course meal. The airport had a strong Russian Influence and there were fighter jets and military aircraft co-mingled with commercial airline planes.
I was met by a limousine and transported through back roads to the town of Lublin. On the way, there were numerous OX-drawn turnips and cabbage carts slowing traffic to a crawl. We arrived in Lublin
About Lublin Poland
“Lublin is the ninth largest city in Poland and the second largest city of Lesser Poland. It is the capital and the center of Lublin Voivodeship with a population of 349,103. Lublin Old Town is one of the most precious Polish complexes of historic buildings. The Crown Tribunal and the 14th-century Kraków Gate leading from the Old Town to the city center are commonly considered symbols of the city. I was told to beware of “Ruskey “- North wind from Russia and to bundle up. I was there in mid-January. GOOD ADVICE!!!
I stayed at a Four-Star Hotel I will tell you more about that later. Elizabeth met me at the front desk when I arrived she was my interpreter and worked for the Bank. She helped me with front desk coordination and went home. The lobby was no frills, clean and functional they had one TV that had a fixed station which was America MTV. This was in the day that MTV was edgy and wild with tatted, multicolored-haired freaky performers with multiple piercings. I was asked by the hotel clerk is this was what Americans look like. went to the elevator called a “Lift” in Poland and to my surprise it had no doors only one gate and was operated by an attendant. My room was small with one bed. The bed sat on a thick wood board and the mattress was about 4” thick. There was one window that was single pain by the bed and I could see the cold air come into my room in waves. There were plenty of plush blankets. Anyone who knows me I can sleep anywhere on anything and so I did that night and for the next 10 days. By the way, the hot water was out for 3 of my 14-day stay and the temperature never went above degrees during my time in Lublin. Executive protection training was presented through my interpreter Elizabeth at First Bank of Lublin’s Executive offices from 8a to 6p with a one and half hour Lunch, usually at a local pub or provided by the bank. There were 25 security officers all retired or former Polish Police Officers, including Gombala who was the Retired Chief of Police in Lublin. The Polish people's sense of Hospitality
Gombala invited me to his apartment for dinner. I was greeted by his wife of 35 years (a Nurse Practitioner at the local hospital), one 25-year-old daughter a lawyer who was married with one child, and a second 28-year-old married daughter who was a medical Doctor. They all lived together in a 6-room apartment unit in a large tenement building very similar in design to New York City Multi-building Multi-unit apartment houses in design. When we sat to eat a multi-course dinner I noticed the family all spoke in British vernacular and used verbiage consistent with the Brits’ verbiage i.e.: Lift -Elevator etc. They were a friendly, intelligent, handsome family with a strong Catholic faith. Also sitting with us for dinner was a Catholic Priest. There were five courses each course was met with a shot of Polish Vodka (really a shot in a half). Gombala told me he appreciated I was a family man. He drove me to my hotel and I slept like a vodka baby.
Executive protection training would be at the Military range. We did over 500 rounds of ammunition using various firearms to support real-life scenarios.
Majdanek Concentration Camp
After the training I was directed by my new friend retired Police Chief Gombala to come with him we wanted to show Majdanek Concentration Camp and explained this Holocaust atrocity. He continue and said over 100,000 Polish Catholics were put to death here for helping the Jews, gays, Blacks, Gypsy s, and others that were prisoners of the SS. The Polish people attempted to hide these German human targets in their homes at their own peril.
They were preserved in cage bins and plexiglass displays. I was told that the clothes were redistributed to new prisoners when their predecessors were killed. The most powerful sense for me was not visual, but the smell of the people that wore the clothes and shoes. The fact that I could smell it was unsettling and took me over emotionally. This trip, the location, the people, and the visit to the concentration allowed me a greater sense of international community and respect for the Polish People and the victims.
After the training was completed they had a gathering where they thanked me for my time. I was given Police related. Ribbons, and a book about Poland. I made new friends, and we stayed connected for years. As in any skill set that an instructor has, I realized a learned as much as I shared “All things are possible because anything can be learned”.
Fraud in America
In America today we face a devastating threat to our economy. This threat has injured millions of people, hundreds of thousands of businesses and affects the price points of almost everything we buy. This menace to society has both civil and criminal components and can lead to the devastation and destruction of families, companies, cities, and government subdivisions. The threat is fraud. Fraud is the intentional systematic process to deceive and or misrepresentation that can deprive someone (person, company, government) of something of value that they had a legal right to, usually United States Currency and/or property. It involves trickery and usually as scheme then fraud can rear its ugly head as part of a Ponzi scheme, identity theft, cyber fraud, street fraud, intellectual property, financial fraud, construction fraud and various other forms of this devastating epidemic that are not mentioned in this article. Lesley Kim of Fight Fraud in America explains to an unknowing public that “Fraud is a multi-billion-dollar criminal industry in America …” (http://www.fightfraudamerica.com/ ). About 33 years ago, I became a certified CFE member of the Association of Certified Fraud Examiners (http://www.acfe.com/ ). This training & certification became helpful in my tenure as a New York City Detective. It also Investigated Fraud as the owner of the largest private detective agency ( APB Investigations Inc ) in Staten Island, New York. ACFE is made up of investigators, accountants (CPA's) and lawyers in the private and public sectors whose sole purpose is to fight fraud. Fraud workshops and training (education), networking and above all, good communication are some of the tools applied in ACFE’s arsenal to fight fraud. In NYC, when I was the president of The Society of Professional Investigators, we used our organizational platform to work symbiotically with ACFE to fight this growing epidemic of fraud.
This was a time of polyester suits, white shirts & ties. computers that were based on DOS and LynxOS, with floppy drives and dot matrix printers. I was interviewed by 48 hours in featured segment about privacy and my archaic computers were depicted in that TV segment https://www.youtube.com/watch?v=wCgKgZMO-VI&t=33s .
During this time, we read hard covered books and my greatest find was a fraud book called the Electronic Criminal. The author, Robert Farr, explained the different types of fraud from stolen bank shares, game swindlers, to credit card fraud. I got a copy of this book in the early 80’s. It enlivened and motivated me to investigate economic crime.
After I retired from NYPD as a Detective out of Major Case Squad and after 10 years I sold my NYS PI company APB. I was hired by Flagler County Sheriff’s office in Florida. I enjoyed patrol, training, accreditation, professional standards, and other assignments for a few years. Then I was asked by the Sheriff of Flagler Florida County, Donald Fleming, to head up an Economic Crime Unit. After researching the history of FCSO there have been only a handful of Fraud-related arrests and convictions. This was in part because Fraud Schemes were layered with pretext and intricate. This caused the police and prosecutors to make it a non-priority. I embraced the opportunity to continue my fight against fraud. The sheriff gave me the support and resources I needed. In the first year, we were able to arrest and convict three major fraudsters in the construction industry who stole over 2.5 million dollars from the elderly, immigrants, and other home buyers. In addition to the arrest and convictions, we averaged 25 cents on the dollar of successfully recovered funds from the fraudster to the victims/ and or their estates.
In addition our criminal convictions were used by private attorneys to get restitution in part for over 100 victims; two cases are noted below: ”Gregory Still Bleyl, 64, of Jacksonville was arrested by Detective Gaspar on Thursday for charges of grand theft in excess of $700,000 and six counts of forgery…”( Noted in the attached hyperlink (http://afipi.com/media/contractor-fraud.html ). ” Detective John M Gaspar and Agents from the Florida Department of Law Enforcement (FDLE) St. Augustine Field White-Collared Daniel George Quinn today and charged him with one count each of Aggravated White-Collar Crime and Scheme to Defraud, both first-degree felonies”. https://www.youtube.com/watch?v=8wR6CfVELwE&t=2s
Sheriff Fleming started the ball rolling with me, and my team and hundreds of Fraud Arrests were and are made after I retired from FCSO.
Fraud needs to be fought on many different levels, both criminal and civil. In the civil arena, fraud is often used to get restitution and bring the much-needed aid to the victims. Restitution and making the victim/plaintive whole is as important as the punitive consequences for the defendant. A good fraud investigator can help you identify the scheme, locate the fraudster, and most important, locate assets that were taken. These crimes are intricate and require attention to detail and an understanding of the mind of a fraudster. With a greater understanding that fraud affects our economy on a global level, we will be ever vigilant. Together we will, as a society, keep up the good fight against fraud; failure is not an option for me I still have my gloves on, and I continue to fight fraud in the private sector to that end after retirement from the Sherriff’s Office, I have continued my journey as an investigator and owner of All Florida Investigations & Forensic Services.
By John Michael Gaspar, B.S. M.S., M.M.B.A, C.F.E., CST
Cited Sources Include
Fraud magazine Volume 28, No.6 November / December 2013 Fraud magazine page 10 -13 “The Shutter Bug case”
Lesley Kim of Fight Fraud in America explains to an unknowing public that “Fraud is a multi-billion-dollar criminal industry in America …” (http://www.fightfraudamerica.com/).
Electronic Criminals by Robert Farr ISBN 0-07-019962-0
WHY REPUTATION MATTERS
A father in his seasoned years counseled his only son. He said, “I came into this world with only one item of value – MY NAME – and that I leave you as pristine as I got it. This I am sure has been said many times by many parents over the years. Echoing this sentiment, a famous author Tene Edwards said: “Know your worth. You must find the courage to leave the table, if respect is no longer being served.” 1
DIFFERENCE BETWEEN “MORALS” VS. “ETHICS”
According to dictionary.com, whilst these terms are closely related concepts, “Morals” refers mainly to guiding principles, and “Ethics” are specific rules and actions, or behaviors. Oftentimes, a moral precept is an idea or opinion, and an ethical code is a set of rules that define allowable actions or correct behaviors.2
To support a greater understanding of ethics, we need to review its historical origin. The word ethics is derived from the Greek word ‘ethos’ (character), and the Latin word ‘mores’ (customs). Together they define how individuals choose to interact with one another.3
In ancient Athens, a culture that nourished honest practices, knowledge, art, cultural philosophy, freedom of speech, and ethos, young Greeks traveled to Athens to study under Pythagoras, Archimedes and Hippocrates (father of modern-day medicine), and of course Socrates.4
In ancient times Greeks would travel to Athens to the Polis to verbalize arguments, champion their message, and speak truth to power. The Polis was constructed as an amphitheater for all to be heard. At the Polis, ancient Greeks could turn a flicker into a flame defending their fact-based points of view. Like Moses, often credited as being the first computer savvy human, who downloaded the Ten Commandments, the concept of the Polis and freedom of speech (expressions) gave birth to the word politics.
In the marketplace of ideas, some believe this historic journey influenced the authors and “under pinners” of the United States of America’s Declaration of Independence and Constitution. I wonder if perhaps we could learn from the past. In 753 B.C and 1453 A.D, legal principles of Roman law were integrated into their society and displayed publicly so people seeking remedies to problems could get justice. The vital component of these principles was property rights for women and children.5 In many respects, the early Greeks realized that the philosophy of established law evolves over time and were shrewd enough to make the necessary course corrections to bring existing law up to date.
Ethical standards of the professional
In the court of legal wisdom, licensed professionals are required to follow a code of ethics that applies to their individual professional specialty. These professionals are held to a higher standard because they have undergone extensive background screenings and vetted for integrity.6
What is a position of trust?
According to Wikipedia, a position of trust is any position that requires its holder to enjoy the trust of those who elected or chose them. Wikipedia goes on to highlight other common definitions that involve positions involving responsibility for “cash – keys – minors,” and positions of authority over others .7
What is business ethics?
According to an article in Business Ethics by Alexandra Twin dated August 29, 2021, business ethics is the study of business policies regarding potentially controversial subjects including but not limited to governance, insider trading, bribery, discrimination, corporate social responsibility, and fiduciary couplings.
Why institute business ethics policies?
Instituting ethical standards helps to establish trust between consumer and business owner. As Martin Luther King was quoted as saying, “darkness cannot extinguish darkness; only daylight can.” Learning from both Dr. King and the early Greeks, it’s important that corporate America establish in-house Polis-like amphitheaters to properly air ethical grievances -- before they are turned over to the legal system for adjudication.
ETHICS FOR INVESTIGATORS
Over the past decade, policing in America has undergone considerable scrutiny involving its handling of shootings, warrant searches, etc.
These issues are not just of recent vintage, according to an excellent 1962 article in the Journal of Criminal Law and Criminology – Vol. 53 Issue 2 June Article 16 by Arthur S. Jr. Aubry. The author goes on to hypothesize that although law enforcement personnel do go through continuous and systematic evaluation anent the “rules of conduct,” there are always some individuals who have no interest in good conduct, and only seek selfish interests. The author goes on to state that there are a considerable number of independent investigators who function outside of the agency structure and are not bound by the stricter ethical standards imposed by these agencies.
ETHICS RULES FOR INVESTIGATORS
When sitting down to piece together an ethics policy for private investigative firms, it’s important to remember what former president Theodore Roosevelt once said, “the only man who never makes a mistake is the one who normally does nothing.” Seeing that criminology is a hands-on type of profession that is normally fraught with personal danger, mistakes will undoubtedly happen. It’s important for investigative professionals to always remember – people lie, but forensic facts do not. And ethical remedies do not work if they are not followed.
Ethics policy considerations for investigative firms should include:
1. Formulating of a comprehensive employee screening / substance abuse evaluation program.
2. Requiring appropriate ID documentation
3. Formulating a contract that details hourly fees, fees for services, court appearance fees, travel-related expense fees, etc.
4. Instituting an in-house employee training program
5. Promulgating rules for contacting management to report ethical misdeeds
6. Taking responsibility / being accountable
7. Maintaining professionalism/standards
8. Being truthful
9. Avoiding abusive, discriminatory, harassing practices passively and/ or actively
10. Maintaining a violence-free workplace
11. Treating employer property as your own
12. Establishing a no sexual harassment policy
13. Refraining from illegally disseminating intellectual property
14. Adhering to privacy statutes
15. Furnishing reasonable expectations to clients
16. Instituting a fair pricing policy
17. Turning down opportunities that require expertise that you may not have i.e.: Forensic Hypnosis for memory recall, CSI, Technical Surveillance Countermeasures (TSCM) Analysis, Polygraphs, etc. Hire the expert(s) and apply their expert findings in your investigative report.
18. Establishing a corporate code of ethics
These and other considerations help form the sum and substance of an investigative company’s ethics program. Pulling the ethics building thread even further, as past presidents of investigative, security management and fraud prevention organizations we know firsthand the central role that these organizations play in helping to keep its members safe and on the path of righteousness.
PERSONAL LESSONS LEARNED BY THE AUTHORS
A wise ethical man ‘Mike’ once told me that the work I do has my signature on it. This comment came about when I was working as an alarm installer. I was up on a ladder mounting a siren. After the installation was completed, I could see the mounted box was slightly askew. Mike my partner noticed me looking at the mounted device and said to me, “What do you think?” I said it was good enough. He went on to hypothesize that everything in life that you do has your signature on it. “Do you want your signature on this install?” I remedied the situation.
My dad Michael was one of the most ethical people I knew. He was an honest role model. He did not say much, yet when he spoke it had great value. One time I asked him about the fees we were charging on a job we were working on. Since we received a huge discount from the jobber, I was thinking of asking him if we should raise the price of the job to further bolster our bottom line -- my dad said, “Johnny if you are asking the question, you already know the answer.” So, I say to all our fellow investigators, “If you are asking yourself the question, you already know the answer.”
CONCLUSION
In today’s politically correct environment, investigative firms would be wise to put their company’s ethics policy on their radar screen. Investigative entrepreneurs should never let innovative ideas hide in the darkness, they need to stop making excuses and start making changes. In the court of educated opinion, well-schooled business executives instinctively know that innovation is nurtured in the windmills of one’s mind.
Some of the items raised in this article should be a wakeup call that it’s time to put the pedal to the metal and begin moving from battle speed to attack speed to ramming speed. The truly wise executive knows that vertical walls turned horizontally become bridges to a better workplace. Update your company’s ethics policy now!
SUGGESTED READING:
• Bonhoeffer, Dietrich Ethics. Simon & Schuster - 1955
• Singer, Peter. Practical Ethics. Cambridge University Press – 1980 • Maxwell, John, C. Ethics 101: What Every Leader Needs to Know. Center Street Publications – 2003
• Dr. Myles Munroe. Power, Character Leadership. Whitaker House Publications – 2003
REFERENCES:
1 https://prisonist.org/quotes-we-love-tene-edwards-know-your-worth/
2 https://www.dictionary.com/e/moral-vs-ethical/
3 https://www.law.cornell.edu/wex/ethics#
4 https://opentextbc.ca/businessethicsopenstax/chapter/the-conceptof-ethical-business-in-ancient-athens/
5 https://law.jrank.org/pages/9916/Roman-Law
6 https://www.hg.org/legal.articles/ethical-standards-of-the-professional-45614
7 https://en.wikipdeia.org/wiki/position_of_trust
Gaining the Upper Hand with Effective Interviewing - Interview with Anthony Luizzo and John Gaspar
Presented at the Spring Conference for New York Chapter - Association of Certified Fraud Examiners - New York Chapter - May 2021
Interviewing of targets, suspects, neighbors, by-standers, business owners and interrogating targets and “hot” suspects is both an art and a science. In this webinar “Luizzo and Gaspar” will shine a super bright lantern on how seasoned investigative sleuths use interview techniques, kinetics, room configuration, deceptive behavior signals, shorthand, interpreters, and social media harvesting to get the facts and only the facts.
In this podcast session attendees will learn:
Interview and interrogation definitions
Shorthand and notetaking tips
Deceptive behavior traits
Due diligence requirements
Pre interview / interrogation checklist preparation
Interpreter utilization
Social media harvesting
Locating interview targets
Questioning strategies
Forensics role in the investigative process
PI Magazine - Episode 46 - Interview Considerations with Anthony Luizzo and John Gaspar. Listen to the Podcast below or go here to download.
On this episode of PI Magazine - The podcast, Jim & Nic speak with Anthony Luizzo & John Gaspar about interviewing as a PI. We discuss interview considerations, difficulties, and strategies encountered by today’s PI’s. If you conduct interviews- don’t miss these experts’ advice!
Anthony Luizzo is a member of the board of advisors of Vault Verify, LLC. This is a cloud-based technology platform to automate the process of completing verifications of income and employment. Anthony is a retired NYPD officer, a certified fraud examiner, certified security trainer, and a licensed private investigator in New York State. He has authored over 125 publications and is the co-author of Fraud Auditing: A Complete Guide, a forensic accounting investigative workbook. Anthony is President emeritus of the New York Chapter Certified Fraud Examiners, and past president of the Society of Professional Investigators and contributor to PI Magazine.
John Gaspar is a retired NYPD Major Case Squad Detective and owner of All Florida Investigation & Forensic Service Inc. John is 3rd Vice President in Florida Association of Private Investigators (FAPI) and past president of the Society of Professional Investigators (SPI). He has written curriculum for the NYPD, Keiser University, and Daytona State College on Criminal & Crime Scene Investigations. John has written for Fraud Magazine and has Co-Authored with Anthony Luizzo on many articles in PI Magazine on Interview and Interrogation. He was featured on Montel Williams, and 48 Hours.
ANTHONY LUIZZO, PhD, CFE, CST,
(Ret, NYPD)
Member: Board of Advisors
Vault Verify, LLC
1597 Industrial Drive
New Smyrna Beach, FL 32168
Cell: (718( 702-0569
Email: anthony@vaultverify.com
Web: www.vaultverify.com
JOHN GASPAR, B.S., M.S., C.F.E., C.S.T
(Ret, NYPD)
www.allfloridainvestigations.com
jgaspar@afipi.com
1-888-697-3478
Today’s guest is John M Gaspar, is a licensed private investigator in the State of Florida and the President of All Florida Investigations & Forensic Services, Inc. He is a former President of the Society of Professional Investigators (SPI), a current board member of FAPI, Intellenet Education Board BAI program director. John is a retired NYC Detective working in Major Case Squad, Retired Flagler County Florida Detective Supervisor in charge of the Economic Crime Division. John’s published works include Fraud Magazine November/ December 2013 Volume 28, the “Shutter Bug case” ($800,000 Construction Fraud Scheme), and Co-authoring “Demystifying the Investigative Process” -PI Magazine November/December 2019.
Tick Toc, Tick Toc… two seconds have gone by and statistically there is a new identity theft victim (ITV). ITV is a National epidemic; many experts agree that Globally we are three times more likely to fall victim to identity theft as Americans. To put this in perspective, next time you are shopping at your local mall, look around you and pick 14 people. Then you use your psychic superpower and determine that they have not fell victim to Identify fraud. You look at yourself and realize it is you that have fell victim to Identity theft because 1 out of every 15 Americans have their Identity stolen. Unlike lightening Identify theft can strike more than once, one in five Identity Theft Victims (ITV) revisit that vulnerability of being a victim of theft. Did you realize that millions of children, and family members who have passed are also victims of Identify theft? The Elderly is one of the most common targets of Identity Theft. So much so many State Laws upgrade crimes against the elderly in an attempt to deter crime.
Prevent being an ITV by applying best practices:
Protecting personal data
Computer Practices
Use a firewall and secure browser.
Don't download files from strangers.
Update current virus protection.
Password-protect any personal or financial information.
Avoid automatic log-in processes (which store your account name and password).
Passwords:
create secure random passwords
use different passwords for different accounts
Do not write them down in accessible areas to view.
Shred bills and documents with personal information.
Take prescription labels off the bottles before you discard them.
Social Media (SM) awareness – people can harvest information from your SM account(s)including but not limited:
Age and or dates of birth
Pets names
children’s names
Names of School you attended
Some of that information noted above may be used as your security questions. Control your settings and your content.
Phone calls- Do not give personal information over the phone unless you are sure the call is legitimate. If someone asks you to verify information, ask them to give you the information if you are comfortable verify it and do not add additional information.
What do I do if I become a victim of Identity theft and Fraud?
If your Social Security number was used to file a tax return to the IRS:
IRS TAX FRAUD WEBSITE
https://www.irs.gov/newsroom/taxpayer-guide-to-identity-theft
Identity Theft Contact Information for CREDIT REPORTING AGENCIES
https://www.transunion.com/fraud-alerts
https://www.experian.com/fraud/center.html
Experian: www.experian.com to add an alert and view your report immediately; 1 888 397 3742.
Equifax: 1 800 525 6285, www.equifax.com.
TransUnion: 1 800 680 7289, www.transunion.com.
Credit Reporting Agencies (For a family member that has passed)
Immediately contact all three national credit reporting agencies by telephone to report the death: Experian (888-397-3742), Equifax (800-685-1111) and TransUnion (800-888-4213). Request the credit report is flagged as “Deceased. Do Not Issue Credit”
Sample letter- http://www.meyercapel.com/sites/default/files/Notification-of-Death-Sample-Letter.pdf
When reporting the Identity Theft (Fraud)to the Police
As a Detective Supervisor (OIC) working for Sheriff Donald Fleming at Flagler County Sheriff’s Office Economic Fraud Division. I was surprised to see how little the Police and Prosecutors know about Fraud, identity theft Investigations, and theft schemes.
Tips from me when talking to the Police
If you are elderly report the crime with a competent family member.
Do not assume that a uniformed Police Officer will know how to navigate your incident at first or even designate it as a crime. In most jurisdictions you can ask the officer to make an Information Incident Report if the Officer doesn’t classify the event as a crime.
Come prepared and provide a timeline with a chronology of events that include:
Dates / Times, Places of the incidents and other case related information (credit card numbers, statements, etc.)
When and who you spoke to at the bank and or credit card companies. Provide their full names/ titles, phone numbers, emails and other contact information. Also provide a brief account of what was said.
When the Police ask you questions answer the who, why, when how and why if applicable.
Get the officer’s full name (s), phone numbers and email addresses when possible.
Ask the officer what you can do to help yourself.
Ask them what is the Detective’s name that will be assigned to your case and if he/she will be contacting you and when.
Do not give them unrelated information or spend time on the phone talking with them about things other than the case.
Summary
Tick Toc, Tic Toc two seconds have gone by and statistically are you going to be a victim of identity theft (ITV)? Be vigilant to prevent and terminate your vulnerably to identify theft fraudsters. In addition, be tenacious during the process. Understand it will take time to reverse the financial injury.
John Gaspar, B.S., M.S., C.F.E., C.S.T
A2800136 B1400220 C8700342 D1631055 G 1703613 MB1500122 National Firearm permit under HR218
Florida Justice Administration Commission (JAC) Investigator
Board Accredited Investigator-BAI Program Director
Board Member for Florida Association of Private Investigators
Florida Association of Private Investigators List -serve Moderator
www.afipi.com jgaspar@afipi.com
Phone: 1-888-697-3478 Facsimile: 386-845-9265
John Gaspar
Additional attribution
https://www.acfe.com/
https://www.acfe.com/article.aspx?id=436
http://www.leg.state.fl.us/statutes/
FL LICENSE#: A2800136 B1400220 C8700342 D1631055 G1703613 MB1500122
National Firearm permit under HR218
Offices located in Daytona Beach and Orlando serving the Central Florida Area
