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 Practical
Handbook
for
Private
Investigators

© 2001 by CRC Press LLC

 Practical
Handbook
for
Private
Investigators

Rory J. McMahon

CRC Press
Boca Raton London New York Washington, D.C.
 Library of Congress Cataloging-in-Publication Data

McMahon, Rory J.
Practical handbook for private investigators / by Rory J. McMahon.
p. cm.
Includes bibliographical references and index.
ISBN 0-8493-0290-0
1. Private investigators—United States—Handbooks, manuals, etc. I. Title.

HV8093 .M36 2001

363.28′9′068—dc21 00-052923
CIP

This book contains information obtained from authentic and highly regarded sources. Reprinted material
is quoted with permission, and sources are indicated. A wide variety of references are listed. Reasonable
efforts have been made to publish reliable data and information, but the author and the publisher cannot
assume responsibility for the validity of all materials or for the consequences of their use.

Neither this book nor any part may be reproduced or transmitted in any form or by any means, electronic
or mechanical, including photocopying, microfilming, and recording, or by any information storage or
retrieval system, without prior permission in writing from the publisher.

The consent of CRC Press LLC does not extend to copying for general distribution, for promotion, for
creating new works, or for resale. Specific permission must be obtained in writing from CRC Press LLC
for such copying.

Direct all inquiries to CRC Press LLC, 2000 N.W. Corporate Blvd., Boca Raton, Florida 33431, or visit
our Web site at www.crcpress.com
Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are
used only for identification and explanation, without intent to infringe.

© 2001 by CRC Press LLC

No claim to original U.S. Government works

International Standard Book Number 0-8493-0290-0
Library of Congress Card Number 00-052923
Printed in the United States of America 1 2 3 4 5 6 7 8 9 0
Printed on acid-free paper
 PREFACE

The book is designed for individuals studying to become investigators, as

well as private investigators of all types and with all levels of experience.
The author shares what his research and experience have taught him. He
does not claim to have all the answers, as there is something new to be
learned about investigations and people every day. From his perspective,
this is one of the most attractive features of this career. This book is for
use in the academic realm for the many private and community colleges
offering classes in investigation and as a perspective that may be useful
to private investigators in terms of their approach to working cases. It is
certainly not meant to be the definitive thesis on how all investigations
should be performed.
Most of the author’s research on the various types of investigations
was performed while he was a college teacher at a small private junior
college in Fort Lauderdale, and during his 25 years as an investigator.
Much has been borrowed from a wide variety of academic and professional
sources over the years. It is hoped that the information will be useful to
both students and professionals in the field of private investigation.

© 2001 by CRC Press LLC

 ABOUT THE AUTHOR

Rory McMahon has been an “investigator” of some sort for most of his
adult life. In 1973, as a probation officer in Westchester County, New
York, he investigated and supervised persons convicted of state crimes.
In 1978, he was appointed a Federal Probation Officer in the Southern
District of New York, which comprises New York City and the surrounding
area, investigating and supervising persons convicted of federal crimes.
He transferred to the Southern District of Florida in 1982, where he
conducted presentence investigations on persons convicted of federal
crimes in Miami, and subsequently supervised convicted career crimi-
nals—primarily organized crime members, major narcotics traffickers, and
white collar offenders—as a member of the Special Offender Unit in Fort
Lauderdale.
In 1990, he left government service to become a private investigator,
working a wide variety of investigations. He became a Certified Legal
Investigator (CLI) in 1997, specializing primarily in legal investigations. At
the same time, he taught private investigation classes to college students
pursuing careers as investigators. Based upon these experiences, he has
written this book.

© 2001 by CRC Press LLC

 ACKNOWLEDGMENTS

I would like to thank Steve Mallon for hiring me to teach at City College
in 1990, after I left government service. He helped me begin my career
as an investigator and was an invaluable friend in those early days.
I would like to thank all of my students from 1990 to the present, who
have been the source of inspiration for my writing, and for whom I hope
this book will be the culmination of all the areas of learning from their
City College careers. Special thanks to Gary Diehl, who provided his typed
notes for use in classes; Celia Hochtman, who was one of my best students
and became a lifelong friend; and Susan Henry, my recent student, who
provided valuable input for several chapters in this book.
Finally, to my family, without whom I would be lost. Kelly, for her
independence, loyalty to her friends and family, and dedication to her
career. Tara, for her encouragement, her journalistic spirit and integrity,
and her love and support; Conor, who is everything a ten year old son
should be; Joseph Patrick, my beautiful newborn son; and my gorgeous
wife, Fran, for her constant encouragement, support, and love.

© 2001 by CRC Press LLC

 CONTENTS

1 Introduction
Job Outlook
Earnings
2 Skills Needed To Become a Successful Investigator
What is an Investigator?
Attributes of a Successful Investigator
3 Principles of Investigation
Types of Investigation
Assignments Performed by a Private Investigator
Sources of Information
Records and Documents as Investigative Sources of Information
State Regulatory Agencies as Sources of Information
Federal Sources of Information
Private Organizations and Agencies
Missing Persons
Runaway Juveniles
Undercover Operations in Business Settings
4 Interviews, Interrogation, and Taking Statements
Introduction To Interviews
Strategies
Criminal Investigation Techniques
Taking Statements
5 Legal Investigations
The Legal Investigator
Structure of the Constitution
Criminal and Civil Procedure
The Trial
Legal Investigations
Civil Actions

© 2001 by CRC Press LLC

 6 Fraud Investigation
Corporate Fraud
Financial Fraud Audit
Economic Crime Schemes
White Collar Crime
Steps in the Investigation Process
Appendix 1 : Legal Aspects of Investigative Work
Appendix 2 : Corporate Fraud
7 Computer Crime
Computer Crimes
Computer Fraud
The Computer Crime Investigator
The Investigative Process
Areas of Computer Abuse
Telecommunication Crimes
Appendix 1 : Investigation of Computer Fraud
Appendix 2 : Computer Crime
Appendix 3 : The Internet and the World Wide Web
8 Criminal Investigation
The Investigative Function
Basic Elements of the Investigative Process
Role of the Criminal Investigator
Reasons for Investigating Crime
Limitations on Solving Cases
Investigative Theory and Methods
Development of a Set of Suspects
Methods of Investigation
Informants
Rules of Evidence
Rules of Exclusion
Physical Evidence
Role of the Police
Government Agencies
Nuts and Bolts
Conducting a Criminal Investigation
Component Method™ of Criminal Defense Investigation
Appendix 1 : The Grand Jury
9 Insurance and Arson Investigation
Insurance
Fire and Arson Investigation
Appendix 1 : Liability Claims Investigation
10 Domestic Investigations
11 Due Diligence and Background Investigations
Due Diligence Investigations

© 2001 by CRC Press LLC

 Business Background Investigation
Applicant Background Investigation
12 Locates and Skip Tracing
The Basics of Skip Tracing
Skip Tracing Resources
13 Surveillance
Definitions
The Surveillance
Surveillance Equipment
14 Service of Process
Types of Service
Proof of Service
Pitfalls to Avoid
15 Testifying in Court
The Trial
Cross-Examination
16 Ethics
Confidentiality and Privacy
Truth
Keep Informed
Promote Education and Advocacy
Business Conduct
Avoid Conflicts of Interest
Fair Representation to Clients
Treatment of Competitors
Legal Issues
Render Only Services that Match Your Qualifications
Reporting
Compensation
Advertising
Client Relations
Testimony
Equal Rights
17 Finding A Niche
How to Find Your Niche
Double Check Your Choices!
18 Operating a Private Investigative Agency
Choosing a Name
Form of Operation
Location
Pricing
Bookkeeping
Tips for Operating Your Agency

© 2001 by CRC Press LLC

 Keys to Success
19 Professional Associations
National Associations
International Associations
State Associations
20 Getting Licensed
Bibliography

© 2001 by CRC Press LLC

 DEDICATION

To my mother, Patricia Maguire McMahon, whose death in July 1995

still leaves an incredible void in my life.

To my father, Judge Daniel F. McMahon, whose integrity and work ethic

has been indelibly instilled in all of his six children.

© 2001 by CRC Press LLC

 1
INTRODUCTION

Since the trial of O.J. Simpson, the profession of private investigation has
risen to a new level of respect among both the legal community and
public at large. The success of O.J.’s “Dream Team” was largely a result
of the brilliant work of the defense investigators.
The Dream Team found the witness who exposed Mark Furman’s
racism. They fashioned successful responses to everything that the pros-
ecution witnesses testified about.

JOB OUTLOOK
According to the Occupational Outlook Handbook published by the U.S.
Bureau of Labor Statistics, employment of private detectives and inves-
tigators is expected to grow much faster than the average for all occu-
pations through the year 2005. Demand for investigators is expected to
be generated by increase in population size, increased economic activity,
and domestic and global competition. These forces are expected to
produce increases in crime, litigation, and the need for confi dential
information of all kinds. As crime continues to increase, more firms will
hire or contract for the services of private detectives. Additionally,
investigators will be needed to meet the need for information associated
with criminal defense and litigation for companies and individuals.
Greater financial activity will also increase the demand for investigators.
As competition becomes more intense, growing numbers of companies
will hire investigators to control internal and external financial losses,
and prevent industrial spying.

© 2001 by CRC Press LLC

 EARNINGS
Earnings of private investigators vary greatly depending on their employer,
specialty, and the geographic area in which they work. According to
studies done in 1994, private investigators averaged about $36,700 per
year, earning an estimated $15,000 to 18,000 per year to start, with
experienced investigators earning $20,000 to 35,000. Entry level corporate
investigators earn $40,000 to 45,000, with experienced corporate investi-
gators earning $50,000 to 55,000. However, a successful self-employed P.I.
can earn $100,000 and more.
Investigators bill their clients $50 to 250 per hour to conduct investi-
gations. Most investigators, except those working for law firms and cor-
porations, do not receive paid vacation or sick days, health or life
insurance, retirement packages, or other benefits. Investigators are reim-
bursed for expenses and receive pay for mileage.
In my experience in South Florida, intern investigators earn from $8
to 15 per hour. Investigators with two or more years experience earn from
$15 to 35 per hour.
The potential earnings for those entering the field is unlimited. There
has never been a greater need for these services than right now.
Additionally, investigators are finally receiving the professional recogni-
tion that they deserve. Business is good, and the prospects for the future
are incredible!

© 2001 by CRC Press LLC

 2
SKILLS NEEDED TO BECOME A
SUCCESSFUL INVESTIGATOR

All investigations, regardless of type or purpose, depend on the gathering

of factual information. Gathering factual information is the main purpose
of any investigation, without which no case would be solved, no stolen
property recovered, and no missing person located. Factual information
in a concise written report is the product that we sell to our client.
Today’s investigator must learn to think of himself as a highly sophis-
ticated camera with the lens always open, recording and observing every-
thing. Regardless of the case, the investigator wants answers to the
questions who, what, when, where, how, and why. The private investigator
is often the last hope for many people.
Three methods that investigators use to obtain information are:

1. Researching public records

2. Interviewing individuals with relevant information
3. Surveillance of individuals to learn about their behavior.

Investigators must use one, two, or all three of these methods in order
to obtain the information needed by the client. To excel as an investigator,
one must know how to do all three very well.

WHAT IS AN INVESTIGATOR?
An investigator is a professional researcher who uses observation, inquiry,
examination, and experimentation to obtain evidence and factual infor-
mation upon which sound decisions can be made. In order to achieve
success as an investigator, certain basic guidelines must be observed.

© 2001 by CRC Press LLC

 Ask many questions when seeking information. Often, this means
repeating questions in order to uncover discrepancies, and following
up on initial questions with more detailed ones. You can never gather
too much information. It is easy to eliminate nonessential information
later on.
Recognize that suspects, criminals, and other subjects of investigation
come from all walks of life and are represented by all races, both sexes,
and an endless variety of lifestyles.
When investigating the crime scene, do not commit yourself to the
guilt or innocence of anyone at the scene whom you may question.
Remember, your purpose is to gather facts; judgments will come later.
Do not be overconfident. Be certain that you have gathered all the
information. Before you conclude the investigation, ask yourself, “Is there
more information I should attempt to obtain? Have I overlooked anything
that could make a difference in the outcome of the investigation?”
Do not jump to conclusions.
Never take things for granted — make no assumptions about how
much information is needed before you begin searching. False assumptions
often lead to the loss of valuable information and evidence.
Work with evidence you find at the scene. Examine all evidence
carefully; pieces of paper, documents, tools, fragments of cloth, or personal
items belonging to a possible suspect or other person involved in the
incident that you are investigating — any physical evidence can provide
an important investigative lead.
Develop informants and sources of information before you need them.
No investigator can get along without sources, because they can provide
shortcuts to many investigative problems.

ATTRIBUTES OF A SUCCESSFUL INVESTIGATOR

The following attributes are the special qualities that will help you
achieve success:

Suspicion
Be cautious of obvious things and wary of persons who are quick to
provide alibis and identification. Demand verification whenever possible.

Curiosity
Develop your own curiosity and follow up on it. Have the desire to learn
the truth. An inquisitive mind is essential to the investigator.

© 2001 by CRC Press LLC

Observation
Your five senses are important tools of the trade. It may be important for
you to remember unusual things about an individual (i.e., his manner and
posture or the way he dresses). Learn to observe details.

Memory
The ability to recall accurately the facts and events or the physical
characteristics of a suspect is a valuable skill.

An Unbiased and Unprejudiced Mind

Bias and prejudice will result in a poor investigation, unfairness to suspects,
and clouding of facts that need to be uncovered objectively. Do not let
personal likes or dislikes interfere with investigations.

Ability to Play a Role

This skill is especially important for private investigators who work alone
most of the time. Using his own identity could expose the investigator to
recognition and danger. The ability to assume convincing identities is
particularly valuable in surveillance, undercover activities, and a variety
of confidential inquiries.

Persistence and Capacity for Hard Work

Many times, you will find yourself working late into the night to follow-
up a promising lead or question a particularly valuable witness.

Resourcefulness
An investigator must be able to adapt to all types of stressful situations
that may demand technical skills.

Ability to Obtain the Cooperation of Others

In the course of your work you will make many contacts. Some will be
clients, some will be witnesses, some will be suspects, and some will just
be well-meaning citizens who can provide information. It is essential that
you obtain cooperation from as many people as possible in order to
secure the vital facts and information that you will need to conclude an
investigation. You will need patience, courtesy, tact, and understanding.

© 2001 by CRC Press LLC

A suspect or witness who has been intimidated, frightened, or angered
by an impatient investigator is of no value.

Interest in Your Work and Pride of Accomplishment

True success in any profession is based on sincere interest and pride in
a job well done. The knowledge that your efforts can bring a criminal to
justice, locate a missing loved one, or save a business large sums of money
can bring you immense satisfaction.

Street Sense
You should have an intuitive understanding of the way the world works
and how people move through it. This can be developed and refined.
The more time you spend on the street and the more attention you pay
to detail, the sharper your street sense will become. This can be learned
and sharpened as you work in the investigative field.

Good Listening Skills

You need to be a good listener in order to effectively communicate. In
order to be a good interviewer, you must be able to understand the person
who you are questioning. If you do not have good listening skills, you
will never be an effective interviewer. Therefore, you will not be a
successful legal or corporate investigator.

Ability to Put People at Ease

In order to convince people to submit to interviews, you need to be
able to “schmooze,” which means to make people feel comfortable
talking to you. This is a very necessary skill to have in order to conduct
successful interviews.

Ability to Speak at the Level of the Audience

There is nothing that turns a person off quicker than someone speaking
down or using language that is difficult to understand. You must be able
to speak to anyone from a high school dropout to a professional doctor
in language that is appropriate and understandable.

© 2001 by CRC Press LLC

Understanding of Body Language
To know if a person is truthful in an interview situation, you must be
able to read body language. As a legal investigator, you may interview a
potential witness for 30 minutes. At the end of that time, you must gauge
that person’s honesty and credibility as a potential witness.

Good Manners
There is no excuse for rude behavior — at any time!

Flexibility
You must have the ability to adapt to whatever situation presents itself.

Intuitive Understanding of Human Nature

People are people regardless of the circumstances you may be investigat-
ing. As investigators, we see people — our clients, subjects, and suspects
— often at times of extreme emotional distress.

Self-Confidence
You need to have belief in your ability to handle any situation.

In my opinion, if you possess the above skills, you will be successful as

an investigator and, more importantly, as a human being.

© 2001 by CRC Press LLC

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