Thursday, October 15, 2009

Cyber Safety Statistics

Cyber Safety Statistics: Parents if you don't know about the need to protect your kids online, keep reading... •95% of parents don't recognize the lingo kids use to let people know that their parents are watching.

•89% of sexual solicitations are made in either chat rooms or Instant Messages
•20% of children age 10-17 have been solicited sexually online; that's 1 out of every 5 kids
•75% of youth who received an online sexual solicitation did not tell a parent
•One third of kids have been contacted by a stranger and half of these were considered inappropriate
•81% of parents of online youth say that kids aren't careful enough when giving out information about themselves online
•76% of parents don't have rules about what their kids can do on the computer
•65% of parents believe that kids do things online that they wouldn't want their parents to know about
•4,000,000 children are posting content to the Web everyday
•15,000,000 youth use Instant Messaging
•9 out of 10 parents will never know that any inappropriate contact has occurred
•14% have actually met face to face with a person they have met on the Internet
•1 out of 17 kids have been harassed, threatened, or bullied
•Nearly three-quarters (73%) of online teens believe that someone their age is most likely to be approached by someone unknown to them online as opposed to offline
•When asked how they responded the last time they were contacted online by a complete stranger, just 3% of online teens said they told and adult or authority figure
•Most kids will not report inappropriate Internet contact to their parents because they are afraid of losing Internet privileges
•61% of 13-17 yr olds have a personal profile on social networking sites
•44% of online teens with profiles like Facebook and Myspace have been contacted by a stranger, compared with 16 percent of those without profiles.
•71% have reported receiving messages from someone they do not know
•45% have been asked for personal info from people they do not know
•48% of 16-17 yr olds report that their parents know "very little" or "nothing" about their online activities
•MySpace deletes 25,000 profiles weekly of users who don't meet the site's 14-year-old minimum age requirement
•From 2007-2009 MySpace has deleted 90,000 accounts because they were created by registered sex offenders
Fortunately research shows that adults are catching up with kids in the use of text messaging. In 2006-2008, texting by adults ages 45 to 54 increased 130 percent. Half of texting adults say they started sending messages so they could communicate with their children. Bravo, NetLingo is here to help!

Web sites used when researching these statistics during 2008:

•http://www.netlingo.com/tips/online-safety-statistics.php
•http://www.pewinternet.org/pipcomments.asp?m=9&y=2007
•http://www.washingtonpost.com
•http://www.protectkids.org/statistics.htm
•http://www.ojp.usdoj.gov/ovc/publications/bulletins/internet_2_2001/internet_2_01_6
•http://www.sentrypc.com/statistics.htm
•http://www.enough.org/inside.php?tag=statistics
•http://www.netsmartz.org/safety/statistics.htm
•http://www.mykidsafeinternet.com/pornography_stats.php
•http://www.safefamilies.org/sfStats.php
•http://www.cyberpatrol.com/default.aspx?id=79&mnuid=7.5
•http://www.harpers.org
•http://safetspace.com
•http://climbtothestars.org

•Reproduced by Permission © 1994-2009
•NetLingo® The Internet Dictionary at http://www.netlingo.com

Monday, October 5, 2009

Through a Rapist's Eyes – A MUST READ for WOMEN

A group of rapists and date rapists in prison were interviewed on what they look for in a potential victim and here are some interesting facts:

1) The first thing men look for in a potential victim is hairstyle. They are most likely to go after a woman with a ponytail, bun, braid or other hairstyle that can easily be grabbed. They are also likely to go after a woman with long hair. Women with short hair are not common targets.

2) The second thing men look for is clothing. They will look for women who's clothing is easy to remove quickly. Many of them carry scissors around specifically to cut clothing.

3) They also look for women on their cell phone, searching through their purse, or doing other activities while walking because they are off-guard and can be easily overpowered.

4) Men are most likely to attack & rape in the early morning, between 5:00 a.m. and 8:30 a.m.

5) The number one place women are abducted from/attacked is grocery store parking lots. The number two: office parking lots/garages. Number three: public restrooms.

6) The thing about these men is that they are looking to grab a woman and quickly move her to another location where they don't have to worry about getting caught.

7) Only 2% said they carried weapons because rape carries a 3-5 year sentence but rape with a weapon is 15-20 years.

8) If you put up any kind of a fight at all, they get discouraged because it only takes a minute or two for them to realize that going after you isn't worth it because it will be time-consuming.

9) These men said they would not pick on women who have umbrellas in their hands, or other similar objects that can be used from a distance. Keys are NOT a deterrent because you have to get really close to the attacker to use them as a weapon. So, the idea is to convince these guys you're not worth it.

10) Several defense mechanisms he taught us are: If someone is following behind you on a street or in a garage or with you in an elevator or stairwell, look them in the face and ask them a question, like what time is it?, or make general small talk: 'I can't believe it is so cold out here,' 'We're in for a bad winter.' Now you've seen their face and could identify them in a line-up; you lose appeal as a target.

11) If someone is coming toward you, hold out your hands in front of you and yell STOP! or STAY BACK! Most of the rapists this man talked to said they'd leave a woman alone if she yelled or showed that she would not be afraid to fight back. Again, they are looking for an EASY target.

12) If you carry pepper spray (this instructor was a huge advocate of it and carries it with him wherever he goes), yell I HAVE PEPPER SPRAY and holding it out will be a deterrent.

13) If someone grabs you, you can't beat them with strength, but you can by outsmarting them. If you are grabbed around the waist from behind, pinch the attacker either under the arm (between the elbow and armpit) OR in the upper inner thigh VERY VERY HARD. One woman in a class this guy taught told him she used the underarm pinch on a guy who was trying to date rape her and was so upset she broke through the skin and tore out muscle strands - the guy needed stitches. Try pinching yourself in those places as hard as you can stand it - it hurts.

14) After the initial hit, always GO for the GROIN. I know from a particularly unfortunate experience that if you slap a guy's parts it is extremely painful. You might think that you'll anger the guy and make him want to hurt you more, but the thing these rapists told our instructor is that they want a woman who will not cause a lot of trouble. Start causing trouble and he's out of there.

15) When the guy puts his hands up to you, grab his first two fingers and bend them back as far as possible with as much pressure pushing down on them as possible. The instructor did it to me without using much pressure, and I ended up on my knees and both knuckles cracked audibly.

16) Of course the things we always hear still apply. Always be aware of your surroundings, take someone with you if you can, and if you see any odd behavior, don't dismiss it, go with your instincts!

Wednesday, September 30, 2009

3 New Arizona Pro-Gun Laws

Three New Arizona Pro-Gun Laws Effective Today, Wednesday, September 30!

Wednesday, September 30, 2009

NRA-ILA is pleased to announce that three new pro-gun laws officially go into effect today in Arizona.


The employee protection/parking lot law requires employers to allow the lawful storage of firearm(s) in employees’ locked motor vehicles while they are at work. Employers are not allowed to ban the storage of firearms in vehicles unless they offer an alternate location to park immediately adjacent to the standard parking area. If your employer violates this new law, please contact us immediately at 703-267-1240 or email state&local@nrahq.org.


Also effective today, concealed carry permit holders can carry a concealed firearm for self-defense while in an establishment that serves on site alcoholic beverages as long as they are not consuming alcohol. A restaurant or bar can ban possession by posting a sign next to the liquor license. It is important to note that posting the sign at the entrance of an establishment is not sufficient and one is legally protected to enter the premises and see if the sign is posted in the proper place next to the liquor license. If it is not, the establishment is not in compliance with the law and you may remain inside even if a sign is posted at the entrance. It is important for gun owners to politely let restaurant owners know you prefer to patronize those restaurants who do not post their premises.


Finally, a new law allows for a concealed carry permit holder to “display” their weapon to de-escalate what would otherwise be a violent altercation. It has been designed to stop problems in the past where the passive display of a firearm was considered brandishing and not a means of self defense. It will prevent law abiding citizens from violating the law when lethal force is not required to prevent a violent incident. It is important to note that this law does not allow for you to remove your handgun from its holster to intimidate another individual or gain leverage on a situation.

Thank you to all of the NRA members who answered the call to act during the legislative session. Without you, these victories would not have been possible.






Copyright 2009, National Rifle Association of America, Institute for Legislative Action.
This may be reproduced. It may not be reproduced for commercial purposes.
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Friday, July 17, 2009

How To Collect A Court Ordered Judgment

A money judgment is a court ruling that a defendant owes a sum of money to a plaintiff. Rarely does the court provide collection assistance for the judgment creditor. Experience has it that most judgments expire uncollected and worthless, but it doesn't have to end up that way.

Collection requires the pro-active intervention of asset researchers, collection agencies, attorneys and private investigators. Often judgment creditors do not have the time or the resources to avail themselves of collection services. That is unfortunate because judgments on average have a life of 20 years!!! What's more, judgments accrue annual interest. Therefore, it pays to attempt collection in most, though perhaps not all, cases.

A plaintiff can take steps both prior to commencing a lawsuit and after judgment has been awarded that will greatly increase the odds of recovery.

PRE-JUDGEMENT MEASURES - When considering bringing action against an individual, a business or both, one potential to collect is relative to whether or not there are assets titled to the named defendants. A collector must ultimately see that bank accounts, payroll checks, real property or business inventory receipts match the name (and in some cases the tax id or social security number) of the potential judgment debtors.

It does little good to sue John or Mary Doe if they are "judgment proof". In other words, they have no assets in their names. Of course, you might sue in hope that John or Mary Doe will one day open a bank account or buy a house. However, the existence of a judgment against an entity makes it all the more unlikely that the entity will register future assets in his/her name. Paradoxically, in some cases, it makes sense to wait until the defendant acquires assets, keeping in mind the statute of limitations your state sets for bringing a lawsuit (in most cases six years).

For individual defendants, we suggest doing a nationwide real property search prior to filing a lawsuit. Even if the defendant currently has no liquid assets, a judgment in most states acts as a lien against the defendant's real property (many states require filing the judgment in the county where the property is located). This will often result in a future telephone call from the debtor’s attorney or a title company when the debtor seeks to sell the property. The title company will normally require that all judgments be satisfied and will seek to have you paid from the proceeds of the closing.

Businesses, with the exception of large corporations, are less likely to own real property. A bank search should be undertaken to see that the bank account title matches the name of the business. Every state permits businesses to operate under "dba's" or a fictitious name. A common business practice is to maintain deposit accounts in a "dba" for the very purpose of avoiding post judgment collections. Don't be surprised if a court prohibits collections against a bank account in the title of 'Jimmy Mack's Contracting' if your judgment reads against 'James Mack Home Improvements'.

Another tactic that often yields results is bringing a lawsuit against multiple defendants. You might decide to sue Jimmy Mack's contracting d/b/a James Mack Home Improvements and James P. Mack, the owner of the business. While it is questionable to name a party with whom you did not have direct transactional contact with to the suit, you might reasonably assume that a proprietor or company president is the responsible party for the actions of the business. If you are suing an individual and are aware that they are shielding assets behind a business, name that business. Defenses raised by any one defendant regarding being erroneously named will be addressed on the merits individually. In the meantime, you have gotten the attention of the defendant and will most likely have precluded a default judgment.

POST JUDGMENT - You might think that winning a default judgment (a judgment granted by the court because the defendant failed to appear) is the most favorable outcome. Not at all! Generally, you want to do everything in your power to get the defendant to file an answer and appear. This is because you can receive the royal-run-around trying to collect a default judgment.

Once you attempt to levy assets based on a default judgment, the judgment debtor can usually stop you in your tracks by requesting another court appearances date. The defendant can simultaneously motion to vacate the judgment and for the release of any restrained assets. Be aware too that despite this, the defendant might have no intention of appearing at the newly scheduled hearing. In fact, the defendant may be inclined to repeat this tactic several times using every excuse in the book from inclement weather to infirmity to a death in the family until the court grants a "final" date.

In the meantime, assets are being depleted or transferred as you, the hapless creditor, are being worn down spending time and money in your quest. The can become a war of attrition and the best remedy may be to impress upon the defendant that you know everything about them by suing every name they might be inclined to hide behind. Their inclination to settle or answer will be directly proportional to their inability to deceive you.

If you locate assets in a state, other than where your judgment was granted, that state will treat your judgment as a "foreign" judgment. If your judgment also happens to be a default judgment, most states will not recognize it at all. You will have to sue the defendant again in the state where the assets are located. (Federal judgments don’t apply; lawsuits in excess of $100,000 are often brought in Federal court for this reason).

The key to collecting a judgment is to locate assets that are in the judgment debtors names or assets that can be shown to have been fraudulently conveyed (given, sold, moved, re-titled) by the judgment debtor. You must also be sure of your facts before taking the case to court. If you find that you have sued in the wrong name or have sued the wrong people you will have to start again, which can be very time consuming and costly.

A licensed private investigator can be worth well more than any fees they charge to make sure that you have the proper names, businesses, alias's and assets BEFORE you end up in court. Papago Investigations and Consultants has been proving asset and background searches for over 20 years. If you have judgments you need to collect or need to take a matter to court, call Papago Investigations and let us help you. If you want to collect the debt yourself we can still assist with background and asset checks.

Monday, June 29, 2009

5 Ways How NOT to Pick a Business Partner!

Help! – somebody, anybody bail me out! If you are a small business owner then it is a safe bet that at least once, you’ve said "Help, can't someone bail me out of this mess?" And so it begins, you start entertaining the idea of a partner in your business, or adding another one. Surely you can find that white horse to come to your rescue. You’re smart, you have a great business, it’s just not doing so well right now and with just a little help – well, you know the thoughts. And you just might find someone, but chances are you won't. Here is the reason why - you are in trouble. Think of it like dumping blood in a pool of sharks................and you happen to be in the water!

Here are 5 ways NOT to pick a partner.

1. Going to your Family & Friends – Certainly there isn’t a person alive who has not heard that you should not go into business with family and friends. There is actually a reason for this…you shouldn’t. Who wants to see their family or friends fail? No one that truly cares so they are going to jump in to help you at all cost….but you will probably over look the fact that they can’t swim. After all, they are there to help you so you can worry about the details later…..maybe! Sure there are times when it works wonderfully but that does not usually happen when you are in trouble.

2. Using Blinders – or in other words, believing everything your new prospective partner tells you. This one is actually the hardest, because it is the easiest. Your friends or business associates tell you they have a great person you should consider as a new partner. They sure seem to know what they are doing and are looking for an “opportunity”. If you are swimming in a pool of blood with sharks on the way do you REALLY care what they tell you? Nope, you just want to be taken out of there by anyone who will rescue you and by gosh you are praying they make it very quick. But - before your hand gets bitten off by your proposed savior, you better take that extra time and figure out who they really are. This is where a background check is critical and a good Private Investigator could save your life! Literaly!


3. Not Trusting your “Gut” – There is not a business owner out there that does not have the proverbial “gut instinct”. If they didn’t, no one would have a business to begin with. All business ideas start in the “gut”. This instinct develops over time and it will cause you the most problem when you don’t listen to it. There are way too many business owners who said “you know, I knew from the beginning but we really needed the help”. Where are those business owners now? Out of business, or in court.

4. Being Desperate – This one is the worst ways to pick a partner and there is a really easy way to avoid it – don’t wait until you are desperate. Easier said then done. Business owners have this thing called “pride” that oh so often gets in the way. Once you realize you need help or want to include a partner start looking! Don’t wait and “hope” you won’t need to. With desperation comes bad decision making. Here is an example: “I would love to be your partner and pull you out of that pool of sharks BUT I must have control or I just can’t”. Then your fear takes over, the sharks are getting closer and you think you may never find another person to help you…and guess what? Your new “partner” may very well know that and be feeding on it. You will do nearly anything to get out of that water.

5. You Don’t Actually Like Them – You would be amazed at the number of people who take on a partner that they don’t actually like! When they have come to rescue you and everything else seems in check (because you have checked them out after all….see #2) you can certainly over look the fact that you might not consider them your best friend. This is always a mistake. While you are not looking for another best friend, you are already in trouble, maybe not sleeping so well at night and might even be desperate. Do you really want to compound it with some one you don’t like? Run from this person right away. If you don’t like them from jump you really won’t like them when you hit the ground!

Adding a partner can, of course, make or break your business for so many reasons. We have only listed a few above. But a good, trusted partner can be the most valuable asset you have. With over 40 years of investigative experience, you can be assured that Papago Investigations specializes in Background Checks and Investigations and they are a critical component of the services we offer our valued clients.....You!

Background Investigations can provide the information you need in order to make a decision as critical as a new partner. Records available to Private Investigators are not the same as those used by law enforcement agencies and Private Investigators are not limited like law enforcement is when conducting background checks and investigations. Background investigations can provide an in-depth history or insight into a subject’s known or unknown histories. Criminal background investigations, hidden or past assets, financial data, workers' compensation, employment background investigation, police records, civil history, and other public records are just the beginning of a background investigation. Here are some of the differences and what you can expect from Background Checks and Background Investigations.

Background Check

More Condensed than Background Investigations
Usually Cursory and not In-depth
Limited or Specialized for Specifics Purposes
Mostly Centered On Public Records
Constrained to a Range of Years Past


Background Investigation

In-Depth and more Thorough
No Time Limit of Range
No Limits to Access of Records
Character Investigations and Profiling
Style of living and other Pertinent Information
Can be used for Juror Vetting and High Profile Due Diligence
Clients Types for Background Investigation and Background Check:
Pre-Marital and Pre-Nuptial
Business-Related such as New Partners
Personal Issues such as Dating
Incident Driven
Litigation and Legal Support
Insurance Industry


Examples of information types that can be researched include, but are not limited to - past histories with family, neighbors, employers, friends, education, co-workers, professions, credentials and residences. With background investigations provided by Papago Investigations you can start recognizing a character and profile of the person you are investigating. These are some of the areas that are reviewed in a Background Investigation matter:


Criminal Records
Wants and Warrants
Felony Checks
Inmate Records
Sexual Predators
Civil Records
Litigations
Professional Complaints
Local
State
Federal
AKA's
Identity Verifications
Social Security Number Traces
Property Ownership
Marriage Licenses Records
Divorces Records
Drivers Records
Death Records
Tax Liens
Judgments
FAA Checks
Doing Business As
Character and Profiles
Mode of Living
Surveillance (if required)
Photos of Subjects
Identity Verification
Public Records
USA Patriot Act


And most important of all “YOUR confidentiality will NEVER be compromised”. We promise!!!

Sunday, June 21, 2009

Questions you should ask and facts you should know "before" you retain a private investigator.

Like anyone you hire for any job, be it a private investigator or a company to clean your house ( in essence - they both see your dirty laundry!) you should know what to expect from the outcome of the work. Since private investigations in not quite as common as house cleaning, here we are providing you with the basic information and questions, you need to know and ask, in order to hire a qualified private investigator.

* Ask if the initial consultation is without charge (it should be) and how long to expect. 1 hour, 30 minutes, etc.

* Ask for length of experience in the field and the background of the principles in the firm. You want to make certain that the firm you retain has experience in the area of your case. This will cut down on the hours billed and the results may be more favorable and comprehensive if the firm is experienced.

* Ask to see the retainer agreement and be sure to read it thoroughly. Like any contract, you need to read it and be certain of what you are signing. It will become a legal and binding agreement between you and the firm.

* Ask the hourly rate per agent and what other fees to expect. Fees from firms can vary significantly. Normally the more experienced a firm, the higher the fees.

* Ask for a reasonable estimate of the total cost. "Estimate" being the key here. In many cases it is difficult to determine the total fees before the case is concluded, but an experienced investigator will be able to provide a reasonable estimate. They should also consult you and ask for approval to continue if fees exceed any amount contracted.

* Ask for if the firm has related experience in the case you need investigated. Now is not the time to pay for training an inexperienced firm.

*Ask for experience and background using photography, video and audio equipment if it relates to your case. This equipment can be very technical in nature and may make or break a conclusive investigation. If can also be very costly to the investigation so it is important to know if the firm is experienced in using such equipment.

* Ask what, if any, other resources might be available by the firm. For example, are there attorneys or counselors available if needed or referrals to other sources. You will also want to know what outside experts are available should they be needed for your case.

* Ask about court appearance time. You need to know how court appearances will be billed and conducted for your case. Also ask about previous court testimony. If court testimony is going to be required you want to make sure you have a competent investigator on the stand.

* Ask to see the firms license and the license of the individual investigator assigned to your case. You can also check (and should) with Arizona Department of Public Safety online to make sure that the firm and investigators have licenses in good standing. Arizona and California require licensing for private investigators.

These are the basics. More questions may come up in your particular case so be sure to ask them all and be confident and comfortable with the answers you receive. If you are not, then find a new firm. Hiring a private investigator is a very personal experience and you need to feel confident and secure in your decision.

Saturday, June 20, 2009

Security Guards v. Law Enforcement Services Deployment

Implications:

1) *Government expenditures for police services are on the rise *Makes Sense..more time for law enforcement to handle serious issues.

2) *Private Sector has expertise and willingness to accommodate the needs
My position now and has been for several years is that the private security and investigations firms are ready, willing and able to transition some of the lower level tasks away from law enforcement. These tasks may be non-injury accident investigation, handling follow-up of witness statements regarding lesser offenses, interviewing witnesses at low risk crime scenes (i.e. burglaries), perimeter crime scene security, interviewing/investigation of reported fraudulent, non-violent activity, gathering information related to current investigations as directed by the Agency employing the firms. This, I believe, will free up already stressed budget issues within most if not all communities. By using available private resources while limiting law enforcement expenditures makes good sense.

Analysis:

D. W. Tschudy is the principal of Papago Investigations & Consultants of Arizona, a firm providing experts in areas of investigative services for civil and criminal investigations for the legal, corporate, industrial, medical and insurance industries as well as the private individual. Mr. Tschudy has investigative experience including evidence development, witness locates, asset research, interviews and interrogation, u/cover operatives, surveillance and other criteria necessary for the culmination of a successful case file investigation for the client. Tschudy is a State of Arizona licensed private investigator for the past twenty-two years and State of California approved licensing certification with the receipt of credentials forthcoming. Mr. Tschudy believes that the private industry is open to providing services that are now offered by law enforcement. An example of this is accident investigations that are non-injury types. The licensed investigator and/or security professional can focus their services on support services that the law enforcement agency now has responsibility for.Issues related to training, expertise, availability to State licensing files, data banks, etc. can be authorized through State legislative changes, similar to off-site driver's license, registration, title kiosks that are in some states. The availability for the trained law enforcement officer to respond to more serious offenses are then realized thus allowing them to focus on the issues that are public safety related. Issues that would need to be focused on would be insurance coverage, State statutes regulating who has access to restricted information, payment and by who, oversight, training, in-service to maintain a high performance of services and many others too numerous to mention.It is the writer's thought that the overload experienced by the law enforcement community can be reduced through the use of the private sector firms that have expertise to handle these issues; similar to private prisons that until recently were unheard of. The contributor believes that there has to be continual realignment of services and evaluation by all involved in the law enforcement community, private security and private investigations service industries that will aid in allowing a relief valve to be implemented that reduces the ever increasing pressure of overwhelming public safety needs and expenditures. The private sector makes sense!
© June 2009 D. W. Tschudy