In the initial two issues we concentrated on criminal defense work and matters related to this area. Feedback and comments from a number of clients indicated that they would like to see information about the other areas in which we offer investigative services.

Many things have changed in our lives since the tragedy of September 11, 2001 in New York. Security issues, backgrounds, and personal safety have become a paramount concern to all of us. The fear of terrorism and Anthrax have us all living on the edge. If there is anything that Gradoni and Associates can do to offer some “peace of mind” please give us a call.

We are profiling Harry Johnson, one of our lead investigators. Harry has been with our team for over seven years and is a dedicated, valuable employee. Harry oversees our appointed criminal cases and a good deal of our civil plaintiff work.

With the holiday season upon us, all of us at Gradoni and Associates would like to wish you a wonderful holiday season and, a happy, prosperous
safe New Year.

Your continued support and business is greatly appreciated.
J.J. Gradoni

ANTHRAX PRECAUTIONS

What should make me suspect a piece of mail?
○ It's unexpected or from someone you don't know.
○ It's addressed to someone no longer at your address.
○ It's handwritten and has no return address or bears one that you can't confirm is legitimate.
○ It's lopsided or lumpy in appearance.
○ It's sealed with excessive amounts of tape.
○ It's marked with restrictive endorsements such as "Personal" or "Confidential."
○ It has excessive postage.

What should I do with a suspicious piece of mail?
○ Don't handle a letter or package that you suspect is contaminated.
○ Don't shake it, bump it, or sniff it.
○ Wash your hands thoroughly with soap and water.
○ Notify local law enforcement authorities.

HARRY JOHNSON is our profiled investigator in this issue. Harry is recognized as a valuable team member of Gradoni and Associates.

Harry has been with Gradoni and Associates for over seven years, having twelve years of law enforcement experience coupled with over ten years of investigative experience in the private sector.

Over the period of years Johnson has become highly experienced in criminal, civil, and civil rights investigations. In the area of civil rights investigations Harry managed and investigated complex cases related to Federal Court mandates involving alleged civil rights violations in racial discrimination matters within the workplace. These investigations took place throughout the United States and involved extensive interviews and documentation.

Johnson is highly skilled in implementing all facets of interview techniques. Currently Harry oversees our criminal defense appointed cases and works closely with the defense attorney in developing a strategy to get the most out of the limited budget imposed by the court. Harry’s effort has been responsible for many success stories in the appointed case arena.

Harry has an extensive experience in accident investigations, undercover operations, along with narcotic and vice related investigations. He has testified in court as an expert witness. Additionally, Harry has instructed several courses on security and protection related issues and supervised high-rise office building security operations.
He is a graduate of the Pennsylvania State Police Academy, serving 12 years in Patrol as a Trooper, and Supervisor, and as an Investigator in Narcotics and Vice Divisions. Harry holds an Associates degree in Business.

We feel that the use of our investigative services have gone a long way in proving the “Truth Makes A Difference”

Some of our successes over the past months year are documented…

CRIMINAL DEFENSE INVESTIGATIONS…

GRAND JURY NO BILL…
Attorneys Brett Ligon and Aaron Suder retained Gradoni & Associates to compile information for a Grand Jury presentation in defense of a police officer being investigated for official oppression. The investigation revealed that the complaining witness was less than creditable and lived in a residence that was suspected of conducting illegal narcotic transactions. The officer received a no bill from the Grand Jury.

WELCOME TO AMERICA…
Attorneys Kent Schaffer and Steve Orr asked Gradoni & Associates to assist in the defense of a Russian national charged in federal Court with immigration violations and involvement in organized crime with a Russian based crime family. The organized crime case was based on information from a confidential informant’s numerous statements about the defendant’s activities. Investigators determined through their efforts that the majority of the informant’s claims had no basis in fact. The defendant was allowed to plead to a much lesser immigration charge and was allowed to remain in the USA.

OFFICER CREDIBILITY…
Gradoni & Associates assisted Attorney Phoebe Smith in the defense of an individual charged with aggravated robbery of a video store. The defendant was identified by a police officer who worked an extra job at the strip center where the robbery occurred. Our investigation revealed that the officer had previous personal contact with the defendant’s family. Open Records requests of the officer’s personnel file determined that the officer was being investigated for aggravated assault on his former wife. It was also learned that the extra-job did not have departmental approval.

BOND REDUCTION…
Attorney Ross Palmie asked Gradoni & Associates to develop information related to a client being charged with assault on a police officer. The defendant in the matter was denied a bond because his was on probation for the same offense. Interviews of witnesses and a neighborhood canvas revealed that there was concern whether or not an assault actually occurred. In a hearing the defendant was released on bond with the criminal trial pending.

EAST TEXAS EIGHT-LINERS…
In an effort to combat efforts of a number of East Texas law enforcement agencies, District and County Attorney’s and the Attorney General’s Office, Temporary Restraining Orders were sought by attorneys Kevin Dutton and Stephen Fenoglio. After hearings in a three counties, one Restraining order was granted, one was denied and the remaining order was set aside when the District Attorney testified on the stand that he would enforce the statute related to gambling devices as it was written. The District Attorney also indicated that he did not hold the same position held by the Attorney General’s Office.

These actions were sought out by clients who had received letters from law enforcement officials that tendered that all eight-liner devices were illegal and must be removed from establishments within a certain period of time. This has been a tactic used by law enforcement throughout the State to intimidate eight-liner operators into turning their devices off.

In recent weeks Gradoni and Associates has developed an investigative relationship with former Houston Police Department Homicide Sergeant

Carl Kent. This relationship is a valuable asset and an expansion of the services that are available in defense of murder related offenses.

Carl has been working in the private sector for a number of years and brings a wealth of experience and knowledge related to homicide investigations and homicide scene reconstruction. Carl has personally investigated over 1,000 homicide scenes and assisted in numerous other scenes. Carl served twelve years in the Houston Police Department Homicide Division testifying in State Criminal District, and State and Federal Civil District Courts as an expert in homicide investigations and homicide reconstruction.

Carl’s expertise in scene reconstruction coupled with our investigative efforts offers our clients another level in the defense of murder related offenses and potential civil rights violations.

With this in mind, efforts should be undertaken to address the crime scene as soon as possible because the scene is still somewhat intact and potential evidence still may be present. In a recent police shooting of a suspect, J.J. Gradoni and Kent were at the scene within 24 hours of the shooting and were present when law enforcement returned with a search warrant for the premises. Valuable information was obtained and interviews were conducted of persons while the details were still fresh in their minds.

The crime scene is then photographed, measured with complete documentation of items present at the scene at the time of the incident. The line of fire and the trajectory of rounds fired are documented and recorded on the scene diagram. The scene diagram will be a valuable tool in the defense of the case if law enforcement presents a biased or inaccurate version.

It should be noted that in police related shootings the case is presented to a Grand Jury which typically returns a “no bill” finding. Just because criminal charges are not being sought out against officers does not erase the potential of a wrongful death finding or a civil rights violation in the Civil arena.

TROUBLE AT HOME…

Attorney George Tyson asked Gradoni & Associates to conduct a background investigation regarding an apartment complex where his client had been the victim of an invasion/rape. Research of the police calls for service revealed that there had been other incidents identical to the one in question. The apartment complex had not informed potential tenants of the previous incidents.

HIGH PERCENTAGE LOCATIVE EFFORTS…

Attorney Joe Wells was trying to identify and locate a number of potential plaintiffs with Hispanic surnames in the El Paso area. Gradoni & Associates was provided with a list of social security numbers. Data base searches identified the names, address, dates of birth and driver’s license numbers for 89 out of 103 candidates.

BACKGROUND SEARCHES

WHO IS WATCHING THE KIDS…
An individual asked Gradoni & Associates to conduct a background investigation on a candidate for a nanny position. The investigation revealed that an individual in California also used the social security number provided by the applicant. Educational history for the applicant could not be verified. Searches also revealed that the applicant had possibly been a defendant in a Federal criminal case. It is always better to be informed, rather than sorry.

CORPORATE EFFORTS

THE PAPER TRAIL…
Attorney Grant Scheiner asked Gradoni & Associates to conduct an investigation for his client, the owner of a placement firm, regarding a former employee who had diverted a $15,000 placement fee to her personal account. The investigation established a paper trail for the theft. The suspect confessed in an interview that she had taken the money to pay personal bills. The investigation was presented to the Harris County District Attorney’s office / Major Fraud Section for the filing of criminal charges.

GANGS IN THE WORK PLACE…
A corporate client was concerned that an employee who expressed gang affiliations would retaliate on members of management after he was terminated. Security was provided on the day of termination for management members. The former employee was surveiled after his termination until the level of threat was determined to be non-existent.

INSURANCE FRAUD / DEFENSE

AN AGGIE JOKE…
Cokinos, Bosien and Young asked investigators to survail an individual claiming his injuries prevented him from leading a normal life and limited his physical activities. The claimant was filmed loading items from his home and moving his daughter to her dorm at Texas A&M.

BUSY BUSINESS MANAGER…
A corporate client became suspicious of their business manager after she refused to provide detailed and updated financials. An analysis of the company’s computer records revealed that the business manager was keeping two sets of books. The investigation also determined that the suspect had paid a number of her personal bills, including surgery on her hand, with the company’s funds and credit
cards. Investigators were able to link the suspect with positive identification from the vendors. Criminal charges are pending for the
thefts which exceeded $130,000.

HAPPY BIRTHDAY…
Liberty Mutual Insurance Company asked that investigators surveil an individual claiming back and neck injuries. The claimant was
filmed attending a child’s birthday party, climbing in and out of a play railroad train, in contradiction of his claims of immobility. The
claimant also had informed his employer that he had wrecked the company vehicle in his possession. Investigators filmed the vehicle
proving that a wreck had never occurred. The claim was denied based on the evidence produced by the surveillance.

BARTENDER….ANOTHER ROUND FOR MY FRIENDS…
The law firm of Legge, Farrow, Kimmitt & McGrath asked that investigators surveil an individual claiming mental disabilities stemming
from a work place accident. The claimant was allegedly unable to conduct the most essential daily activities including verbal communications. The claimant was filmed inside bars, consuming alcoholic beverages and conversing with other patrons.

TRAINING CLASSES
Our firm is certified by the Texas and the Texas Department of Insurance facility for continuing education credits.

During the first quarter of 2002, our courses on Interviewing Techniques, Background Investigations.

Gradoni & Associates Investigators continuing efforts to develop each the area of private investigations.

The course will also be available assistants, allowing them to obtain professions. Space will be somewhat limited charged for workbooks and supplies.

It is anticipated that each course will have one evening and one Saturday per four weeks to achieve the required time allotment.

Clients of Gradoni & Associates are encouraged to attend the training or send one of their employees.

Any client interested may contact myself or Kevin Templeton regarding dates and course content.

INTERNAL THEFT CASE WORKUP
Investigations involving internal thefts from a business or company can be complex. Gradoni and Associates, with a wealth of law enforcement experience and law enforcement contacts can ease the clients mind knowing that the case is going to be investigated and pursued to the most logical conclusion.

Initially the problem areas and parties involved need to be identified. Once this has been accomplished a series of background investigations are conducted to determine previous criminal acts. The suspect may be living beyond their means. One should recognize that other persons may be involved who are not employees but have a relationship with the suspect.

The clients cooperation is essential because a paper trail is a must to support the alleged thefts or crime. Checks, credit card vouchers, business records and affidavits are collected as evidence to support the case.
You will be asked to maintain the originals and provide photocopies as documentation.

Interviews are conducted in many circumstances. These interviews may include co-workers and the suspect of the investigation. In previous cases investigated by Gradoni and Associates persons have offered confessions detailing their involvement. In other cases the subject had provided stories and lies to cover the thefts.

The untruthfulness is typically picked up by the trained investigator and documented so that the false information can be impeached in subsequent investigative efforts. The suspect may then be interrogated about the false information.

We also have had success utilizing lie detector tests. The use of a polygraph examiner is used in some circumstances as an investigative tool. Gradoni and Associates has a working relationship with some of the finest polygraph examiners in the Houston metropolitan area. Suspects have a tendency to offer confessions after they have been told that they have failed the polygraph examination.

Once the case has been investigated the client has to make the ultimate determination whether or not to pursue criminal charges or just terminate the subject. Rest assured regardless of the choice the client is provided with accurate, complete and legible documentation.

Some samples of relevant documents corroborating the allegations could be contracts, invoices, reports, or bank records. When checks are involved it is extremely important that the back side of the check also be copied. In some case the original items may be requested and processed for possible latent fingerprints. This would be the only time when an original document should be presented. Be sure to maintain copies for your own records.

If charges are to be filed the case can be presented to the District Attorney’s Office. Our investigators follow a checklist of information
that is required by the prosecutors to aid in the prosecution of the case justifying whatever action is decided. Further, it should be noted that the criminal prosecution is a serious and time consuming matter which will require cooperation and patience. The caseload of the District Attorney’s office is very heavy and the matter could take a year or longer to resolve.

Many clients ask for restitution. Restitution can be obtained in a number of ways, the court may order restitution and make the restitution a part of probation. The District Attorney’s office is quick to point out that they are not going to be used to secure restitution. A client may have to file a civil remedy in the collection of restitution. Criminal charges will not be presented to gain advantage in a civil matter.

Many persons involved in theft from their employers may agree upon termination to enter into an agreement to make restitution if charges are not brought against the party. In agreeing to this one would want to consider sufficient documentation that could be used if criminal and civil remedies had to be pursued if the party reneges on the agreement.

Another consideration and technique employed by investigators is the insertion of an undercover investigator for the company. Obviously, this is accomplished with minimal knowledge with only those persons in the “need to know” area being privy to this undercover operation. The undercover operative then works and monitors the workplace and possible suspect parties detailing and documenting observations and incidents on a daily basis. The investigator then reports back to the case manager.

A FINAL NOTE…….
Just a thought: When prisoners watch shows like Cops, do they root for the criminals?

New York currently pays jurors $15 a day and they're raising it to $25 a day. In Los Angeles, they only pay $5 a day, but in L.A. it's steady work and you get a better chance of meeting celebrities. Jay Leno, The Tonight Show