Thursday, May 29, 2008

Changes to Michigan PI Licensing Laws

Michigan Governor Jennifer Granholm has signed act HB5274 into law which will bring about exciting new changes for Private Investigators in Michigan.  One of the biggest changes is in the act itself; once known as the Private Detective Act of 1965 the act will now be known as the Professional Investigator Licensure Act, causing all investigators to be recognized as Private Investigators on their licenses. 

The passing of this bill will also create new areas for individuals to be considered a private investigator in Michigan.  This includes individuals preventing, detecting or removing observation devices, using electronic tracking devices for investigation purposes or those partaking in computer forensics.  Additionally there are multiple positions that are now considered to be under the realm of a private investigator including: investigators, detectives, special agents, intelligence specialists, parole agents, probation officers and certified police officers that are employed by any government executive, military, judicial or legislative agency.  The law will also include those lawfully engaged in any investigation business acceptable to the department. 

Additional changes that will be seen with the introduction of the bill are new standards individuals must be in compliance with before they are able to obtain a private investigator license.  Reciprocal agreements will also be put into place to be used by the regulatory department.  Finally this bill will also specify the authority of the Attorney General, State Police and local law enforcement in regards to enforcing licensing laws (penalties for practicing without a license will remain unaffected).

To read the bill in its entirety go to http://www.michiganlegislature.org where it is available to be downloaded and visit our licensing survey at http://www.investigation.com/surveymap/surveymap.html for details on requirements in all states.

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Monday, May 12, 2008

INTA 130th ANNUAL MEETING IN BERLIN

Kessler International is a global leader in the field of Intellectual Property Protection with over 20 years of experience and an ever-expanding roster of satisfied clients including Fortune 500 companies and prestigious Intellectual Property law firms around the world.  We are excited to be attending and exhibiting at the upcoming INTA 130th Annual Meeting In Berlin May 17th-May 21st and hope to reconnect with existing clients and introduce ourselves to new ones!

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Thursday, May 08, 2008

LOS GATOS RESIDENT ARRESTED ON GRAND THEFT CHARGES

This press release was forwarded to us regarding an investigation which we completed and referred to law enforcement for further investigation:

LOS GATOS RESIDENT ARRESTED ON GRAND THEFT CHARGES

Los Gatos, CA - The Los Gatos/Monte Sereno Police Department recently concluded a year long investigation of the theft of computers and related equipment from the Los Gatos Union School District. The investigation resulted in the arrest of Darcy Jacques LaForge, 36, a former employee of the district in charge of their computer networking and equipment requisitions. The investigation revealed that approximately $200,000 dollars worth of equipment had been taken by LaFORGE over a two-year period which he then sold over the internet to various sources.

LaForge self surrendered to authorities on Saturday, May 3, 2008 pursuant to a $25,000 arrest warrant for the charge of grand theft. Arraignment date and time is pending.

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Wednesday, March 26, 2008

Computer Forensics and Forensic Accounting Licensing Survey - Results are In!

Kessler International, the leading forensic accounting, computer forensics and corporate investigations firm announced today the release of the results of a nationwide survey detailing each state’s licensing requirements as a private investigator when practicing forensic accounting or computer forensics. The results of the survey can be found here: http://www.investigation.com/surveymap/surveymap.html

Kessler’s survey included private investigation licensing agencies and boards of every state in an effort to secure an official opinion as to the requirements regarding PI licensing when practicing these professions. The survey disclosed drastic variances among the States which responded to the survey.

The questions that were asked of each state licensing board or agency are:

1) Does your State require that a Public or Private Accounting Firm be licensed/registered as a Private Investigator in order to provide forensic accounting services?

2) Does your State require that a CPA, working as an employee of a Private Investigation Firm, be licensed/registered as a Private Investigator?

3) Does your State require that an accountant who is engaged in providing forensic accounting services, on behalf of a Public or Private Accounting Firm, have to be licensed/registered as a Private Investigator?

4) Does your State require that a Computer Forensic Technician who is engaged in providing computer forensic services to the general public have to be licensed as a Private Investigator?

5) Does your State require that a firm offering computer forensic services be licensed as a Private Investigator in order to provide the service to the general public?

Prior to hiring or practicing as a forensic accountant or computer forensic examiner it is suggested that you consult with an attorney who is familiar with the licensing laws for the particular state.

The responses in this survey in some cases are the interpretations of the responding agency. Kessler International has determined that some responses from these agencies reflect conflicting opinions from the State’s Attorney General Office regarding private investigative licensing concerning the practice of forensic accounting and computer forensics.

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Friday, January 25, 2008

Ethics Training Offered

Kessler International offers Ethics Training, report writing, and a variety of other courses to government and corporate clients to assist them in complying with Sarbanes-Oxley and other compliance requirements.  Our years of experience in uncovering fraud, mismanagement and corporate abuse will be put to good use in educating others.  Clients can attend in -house informative training sessions given by state certified educators and gather information and tools that will help them build ethics policies for their companies and put into place internal controls procedures that can stem the flow of fraudulent behaviors. 

Corporate Compliance

Failure to participate in such programs can prove detrimental for your business and the public, and places undue strain on your staff, as they may be struggling to be in compliance.  Our courses can save time and money, and effectively summarize the information necessary, providing staff with the tools necessary to perform their duties with integrity whilst complying with all applicable regulations.  Kessler International is very familiar with the consequences of staff not being aware of compliance requirements, and several of our clients have come to us after compliance requirements have been breached.  Kessler International was able to coach them into compliance and avoid future incidents.  Our training sessions summarize this experience for you and help you identify your company’s compliance risks.

Ethics Training

It is far to common to see unethical business practices being perpetrated.  One employee behaving in an unethical manner can ruin your reputation, and place your business in jeoporady.  Today’s corporate climate demands ethics and integrity, and Kessler International offers courses to your key employees that propose guidelines and standards for how we conduct business every day.

Report Writing

Effective report writing is more than a tool for success, it is an art.  Kessler International can provide the knowledge and framework for excellent report writing.  Our success is a testament to our report writing, as professional services are based upon how you present the information available to you.  Report presentation is also key for documentating procedures and remaining in compliance with existing requirements.  Our courses provide the materials you need to formulate winning and lucrative reports for your business. 

Specialized Courses

Kessler International can provide specialized courses for your business, and will work with you to devise the most effective curriculum for your needs.  Our course schedule can incorporate corporate risk assessment, internal controls programs, conduct seminars, understanding and working with a global economy and conflicts of interest.

Kessler International has performed hundreds of forensic audits and investigations which have necesitated the implementation of ethics programs and the creation of recommendations regarding internal controls policies and procedures as a result of the findings.  Over and over again, we have successfuly advised our clients how to avoid being in the types of situations that necessitated our services in the first place.  Our state certified educators have participated in numerous professional developments seminars and are each uniquely qualified.  Do not hesitate to contact us for more information at corporate headquarters in NYC at 212-286-9100.  Also, visit our website at www.investigation.com for more information regarding our full range of services.

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Friday, January 18, 2008

Ethics in Investigating

Everywhere you turn, an expert is speaking, a conference is being created or a paper written regarding ethics in investigation.  Having been in business for over 2 decades, we’ve seen all types of characters enter the industry, and many of our clients have come to us as a result of having used an incompetent investigator.  As seen in our corporate ethics policy at http://www.investigation.com/corporate-ethics.asp, we aspire to engage in all of our work with the following guidelines in mind:

Honesty…
To be trustworthy and candid, and to act so on behalf of all of our clients.

Integrity…
To be sincere, truthful, and resolute, and to honor our commitments.

Responsibility…
To act dependably, reliably, and decisively, and to be accurate and informed in our conclusions.

Trust…
To inspire confidence and trust, and to treat all information and resources responsibly.

Don’t let your guard drop when choosing an investigator, expert witness, forensic accountant, or computer forensics specialist.  “Experts” are plentiful, but experienced, trustworthy experts who get results are far and few between.

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Wednesday, January 02, 2008

Happy New Year!

Everyone at Kessler International would like to wish our friends, clients and associates a happy and healthy New Year.  We view every new year as an opportunity to renew and refresh, and as such, we welcome the opportunity to reconnect with our affiliates and establish new relationships.  This year, we will be exhibiting at several tradeshows to share information regarding our computer forensics, forensic accounting, brand protection, and corporate investigation services, including LegalTech 2008 in New York, and the Inta Annual Meeting in Berlin, to name a few.  Don’t hesitate to contact us for more information or for passes to the exhibit halls where available.

As many of you know, we have added cell phone forensics to our service menu, and have had much success in gathering evidence for our clients in the past year.  Additionally, we have successfully completed several forensic accounting engagements for our clients, and some examples of reports that have been made public can be reviewed on our website, at http://www.investigation.com/reports.asp.

Last year also saw the opening of our new office is Honolulu, Hawaii, offering forensic accounting and computer forensics services.

Most importantly, last year marked our 20th year in business, proving that every year has provided us with opportunities to to work with new clients and to revisit existing clients.  We owe our success to all of you, and wish everyone peace and prosperity in 2008.

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Tuesday, June 12, 2007

Think Before You Click!

Scam Emails Are Victimizing Many Business Owners.  Computer Forensic Analysts from Kessler International are actively investigating cases involving “phishing scams” that are using the email addresses of key employees contained on their company websites to target executive-level company managers. These fraudsters are customizing emails that deliver phony complaints from the Better Business Bureau as well as the IRS that contain spyware designed to steal and transmit all the data a victim enters into a website they visit.

This scam begins by directing the reader of an email to click on a link in the email to view details of a phony complaint filed against their company with the Better Business Bureau. When the reader visits the website a prompt to download an alleged complaint filed against them appears. Embedded within the complaint is a file that allows the fraudsters to gather all kinds of information the victim types into their computer and then transmits it to a third-party website. These third party websites are known to store the stolen data for later use by the hacker. The type of data being stolen includes login information, passwords, credit card and bank account numbers, social security numbers and other sensitive data.

We recommend that extreme caution be taken before opening any email from an unknown source which contains file attachments. Additionally Mr. Kessler recommends the use of a good anti-virus and anti-malware program stressing it must be updated regularly.

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Monday, March 12, 2007

Kessler Announces Powerful New “Ask the Expert” Forums

Kessler International, the leading forensic accounting, computer forensics and corporate investigations firm, today announced the launch of its powerful new educational Forums on the www.thekesslernotebook.com website.  This valuable new research and information tool allows interested parties to submit inquiries to our experts via our “Ask the Forensic Accounting Expert”, “Ask the Computer Forensics Expert”, “Ask the Brand Protection Specialist”, “Investigative Software, Tools & Equipment”, and “White Collar Crime” sections.

Posted by Blog Admin in • Forensic AccountingBrand ProtectionCorporate InvestigationsComputer Forensics
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Wednesday, February 28, 2007

Does Your Tax Preparer Add Up?

How to Spot a Tax Return Mistake

You must be aware that whoever prepares your tax return, ultimately you are responsible for its contents.  The worst case scenario, if you use a “crooked” tax preparer, is jail time followed by severe financial penalties.  For most of us, though, a mistake on your return means either you owe more, or your refund will be delayed, perhaps indefinitely.  ’Got your attention now? Below are the most common errors committed on tax returns and how to avoid them: 

• It should be the mantra for everyone who prepares or has their tax return prepared- FIRST AND FOREMOST: CHECK THE MATH.  That’s right.  Simple errors in addition and subtraction account for most tax return errors.

• Double-check and then check your return again to ensure that your Social Security number is correct.

• Many of us work two or more jobs.  Check to make certain that your 1099 and W-2s are correct.  If not, have them corrected as soon as possible in order to avoid the IRS receiving conflicting information- a red flag for sure!

• Include your Social Security number on each and every page so that if the IRS deconstructs your return, that it can easily be reassembled.

• If you submit your return by mail, ensure that your Social Security number is on your SIGNED check along with the form number and tax year on the front of the check.

• While on the subject of signage, be sure to sign your return, include your occupation and, if filing jointly, ensure that your spouse includes their information as well.

• Keep copies of all documents sent to the IRS.  Be sure send your return by certified mail with return receipt.

Posted by Blog Admin in • Forensic Accounting
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Monday, February 19, 2007

That Taxing Time of the Year

Tax season is upon us and it appears that it is also open season on innocent taxpayers.  Tax scams and rip-offs are common on the Internet, in print and on the airwaves.
A recent study by a government agency found a disturbingly high percentage of commercial tax preparers made errors amounting up to $2,000 per taxpayer in improper refunds.

Beware “Instant Refund” Loans

You may think that because you’ve seen “their” commercial on TV and because they are a national chain that you are dealing with a reliable firm, but think again.  Quick-refund loans by commercial tax preparation firms are one of the biggest scams going- and completely legal.  The “tax prep” firm offers a short-term loan, often called an “advance” of the amount of the taxpayer’s anticipated return.  The interest on this loan, however often exceeds the amount of the return and then some! Additionally, fees may be gouged, no, charged for this service to persons who are later told they do not qualify for the “advance”.

Taxpayers are often lured by the promise of large refunds that the taxpayer may not be entitled to.  Moreover, some dishonest tax preparers will charge extremely high fees for their “expertise” when they are, in fact, skimming off the taxpayer’s return for themselves. 

Avoid Rip-Offs

How to avoid this scandalous practice?  Prepare or have your return prepared early by a reputable tax preparer (preferably one recommended by friends) and file either by mail or online- yourself.  As soon as you receive your W-2 is the optimum time.  The closer to April 15th one files, the longer the wait for your refund.

Taxpayers must remember that they are responsible for the accuracy of their filed returns, not the preparer, so it is very important to choose your tax preparer wisely.  Also be aware that many commercial tax prep firms hire and train their staff seasonally.  So the person on the other side of the desk may not be much better informed than you about taxation and finance.  Is that who you want preparing your taxes?

Internet Tax & Identity Fraud Phishermen

As many are now aware, Phishing on the Internet is one of the best ways to fall victim to identity theft.  Tax fraud Phishermen pose as major financial institutions, tax return preparers and even the IRS.  Their fictitious emails are intended to trick the unsuspecting into disclosing personal information. A typical “IRS” email will notify a taxpayer of an outstanding refund which they may collect if they provide their Social Security number. The fraud is perpetrated to gain access into the financial accounts of consumers, apply for loans in their names and run up credit card charges to their spending limits. 

Michael G. Kessler, President and CEO of Kessler International, the leading forensic accounting and auditing, computer forensics and corporate investigative strategies firm offers this advice:  “It is very important to know that the IRS does not contact taxpayers via the Internet.  If a taxpayer has concerns as to whether documentation allegedly from the IRS is authentic, they should call 1-800-829-1040 to confirm it.”

Posted by Blog Admin in • Forensic Accounting
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Wednesday, February 14, 2007

Insider Techno-Crime:  Is Your Company at Risk?

Face it:  You remember typewriters; your bright, quick, able and younger staff doesn’t.  The big screen you grew up in front of was a TV; they dawdled over breakfast in front of a 21” computer monitor. The fact is they are light years ahead of you when it comes to using high technology.  And some may even be using it to defraud your company.  The sad fact is many victims of insider techno-crime do not even realize that information theft has taken place….until it is too late.

Read the full article: http://www.investigation.com/press/press56.htm

Posted by Blog Admin in • Computer Forensics
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Friday, February 09, 2007

Cracking the Code

Chinese Professor “Bests” Fifth Data Encryption Algorithm

Now that we have your attention, let’s hear that again, in English this time!  A 41-year old Chinese college professor at the University of Beijing has cracked the world’s toughest computer encryption program, the SHA-1 (Secure Hash Algorithm).  For those of you who slept in the back of class, the SHA-1 is the U.S. Government’s most advanced data encryption program.  This action has apparently tasked the Government’s highest level programmers with replacing this now faulty program within the next five years. 

Whoa!  Cracking the code, however, doesn’t mean that it is open season for the “bad guys”.  The odds were truly stacked against Professor Wang Xiaoyun in the first place- about equivalent to wining Powerball several times!  A Beijing Digest has indicated that this SHA-1 encryption incorporates the world’s highest security Message-Digest algorithm 5 (MD5). Before Professor Wang cracked it, the MD5 could only be deciphered by the fastest exhisting supercomputer processing in excess of a million years.

So how did the Professor do it?  Although encryption analysis usually cannot be done without the use of computers, according to Wang, the computer only assisted in cracking the algorithm. Most of the time, Wang Xiaoyun calculated manually, and manually designed the methods.

Postscript:  Few corporations, if any, would have to be concerned about a mind of Wang Xiaoyun’s caliber hacking into their databases.  Alas, most computer fraud is perpetrated by employees of average intellect.  Kessler International is the leader in abating and preventing Cyber crime.  Learn how to safeguard your business from the commonplace hazard of Cyber crime, at: http://www.investigation.com/computer_forensics.htm

Posted by Blog Admin in • Computer Forensics
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Thursday, February 08, 2007

What is “White Collar Crime”?

The phrase “White Collar Crime” has been around so long that few remember when the working world was divided into office workers who wore suits with starched and pressed white shirts, and laborers and tradesmen who favored denim overalls and rumpled blue chambray shirts.  The term was coined during the ‘Great Depression’ of the 1930s by a sociologist, a Dr. Sutherland.  The scientist (betraying his bias) sought to distinguish crimes committed by poor (blue collar), therefore desperate persons, from offenses committed by those enjoying a higher station in life. Although not clearly defined, the term today generally encompasses a variety of nonviolent crimes usually committed in business situations for financial gain.

While White Collar Crime is considered “victimless” it is not without cost.  According to the FBI, White Collar Crime in the United States alone amounts to more than $300 billion annually.

The most common White Collar offenses include: antitrust violations, computer and Internet fraud, credit card fraud, phone and telemarketing fraud, bankruptcy fraud, healthcare fraud, environmental law violations, insurance fraud, mail fraud, government fraud, tax evasion, securities fraud, insider trading, bribery, kickbacks, counterfeiting, money laundering, embezzlement and trade secret theft.

White Collar criminal activity can be the work of one “lone wolf” defendant, or a network of perpetrators, often within an organization. The penalties for white-collar offenses can be restrictive or require imprisonment and include fines, home detention, paying prosecution costs, forfeitures, restitution, and supervised release.

The FBI, the Internal Revenue Service, the Secret Service, U.S. Customs, the Environmental Protection Agency, and the Securities and Exchange Commission, participate in the enforcement of federal white-collar crime legislation. In addition, most states employ their own agencies to enforce white-collar crime laws at the state level.

Often, prior to involving the Federal authorities, business owners or individuals who suspect they are the victims of White Collar Crime, usually contact a Forensic Investigative firm to perform discreet computer forensic and forensic accounting procedures.  Once court-admissible evidence is obtained, the Federal agencies are contacted.

Kessler International is the leading authority on investigating and curtailing White Collar Crime. For nearly 20 years, Team Kessler maintained its global leadership in forensic accounting, computer forensics, and many other practice capabilities.  For more information about Kessler International and the services we provide, contact Michael G. Kessler at 1-800-932-2221 or visit the Kessler International website at www.investigation.com.

See also: Practice Capabilities:
http://www.investigation.com/money_laundering.htm

http://www.investigation.com/trademark_search.htm

http://www.investigation.com/copyshield.htm

http://www.investigation.com/anti_counterfeiting.htm

Posted by Blog Admin in • Forensic Accounting
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Friday, January 26, 2007

The Case for Computer Forensics

Stay Out of Jail!

Even if you do not visit “adult entertainment” sites, your computer could harbor pornographic images and other offensive and even illegal imagery. Yes, You!  There is a landmark court case under appeal where a teenager has been convicted of possessing child pornographic images.  The teen maintains his innocence.  His parents contacted a computer forensics specialist who has retrieved court-admissible evidence that the teen did not knowingly download the images, but that these photos had been transmitted via unsolicited emails purportedly about other topics.

It is easy to jump to the conclusion that the teen may have been curious and intentionally visited websites that included pornographic images of minors.  After all, the majority of computer forensic cases involving pornography bear this out.  In this instance, however, specialized software proved the teen’s contentions and laid the blame elsewhere.

What is so compelling about this case is that is could likely happen to anyone without their knowledge or consent.  Through email and other portals, the information superhighway not only stops at your door, it often leaves undesirable baggage behind.  Business and personal reputations built by years of hard work have been damaged as a result.

What can you do to safeguard your integrity and to check if your computer’s security has been breached?  Call Kessler.  Period.  Kessler International is known worldwide for the firm’s computer forensic capabilities.  Using proprietary and other software coupled with thorough and precise investigation processes, Kessler’s computer forensic investigations yield the both the evidence and the facts.

And, with careful monitoring procedures, Kessler can prevent the recurrence of unwanted data on personal computers.  Remember, when you only have time for the best, Kessler sets the standard for investigative excellence.

See also:  Practice capabilities-
http://www.investigation.com/computer_forensics.htm
http://www.investigation.com/cyber_evidence.htm
http://www.investigation.com/internet_monitoring.htm
http://www.investigation.com/tracing_hostile_contact.htm
http://www.investigation.com/cell_phone_forensics.htm

Posted by Blog Admin in • Computer Forensics
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