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Florida Association of Private Investigators Deplores Reports of Unlicensed Activity

Discussion in 'Caylee Anthony 2 years old' started by Georgia PI, Mar 27, 2009.

  1. Georgia PI

    Georgia PI New Member

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    I have written permission to distribute this press release to contacts, clients and local media. I am releasing as written.

    Although it is written concerning the Caylee Anthony Case, many of the same names are appearing in the Haleigh Cummings case.

    http://www.myfapi.org/6966695_70154.htm

    Fort Lauderdale, FL, March 26, 2009

    Florida Association of Private Investigators Deplores Reports of Unlicensed Activity

    Florida Association of Private Investigators Speaks Out


    In light of the publicized deposition of Jim Hoover by Attorney John Morgan regarding Hoover and Dominic Casey’s involvement in the investigation of the Caylee Anthony case, several of your board members assembled the enclosed press release. I know, I know, a press release should only consist of two maybe three paragraphs, but with all the contributions we narrowed it down to the content enclosed. Your board members have been diligent in pointing out that FAPI represents the licensed private investigators in Florida under 493 and we responded to the negative publicity surrounding our industry attempting to show that the members of FAPI are law abiding professionals who will not condone the use of the unlicensed.

    Florida Licensing Statutes are clear; The Private Investigators who involved themselves in the Anthony case appear to have acted in violation of the regulatory provisions governing the investigative profession as set forth in FSS 493. Public should be aware of Licensing Statutes

    Fort Lauderdale, FL, March 26, 2009: While refraining from speculation regarding the Caylee Anthony murder case, the Florida Association of Private Investigators, Inc. (FAPI) is speaking out about the activities of the private investigators allegedly working for the Anthony family and their defense attorney having possibly violated of Florida statutes.
    FAPI, which represents about 400 Private Investigators in Florida and across the U.S., reacted strongly to news reports today about and the publication of a deposition involving one the PIs working the Anthony case.

    Mark Feegel, who is Co-president of FAPI and a licensed Private Investigator since 1993, along with Chuck Chambers, said, “This is exactly the type of activity FAPI tries to prevent,” says Mark Feegel, “with peer group education, annual seminars and familiarity with licensing statutes”.

    Feegel is referring to Florida Department of Agriculture and Consumer Services Chapter 493, which governs and licenses private investigators in Florida. “The chapter clearly states that someone possessing a Class C Private Investigators License – as did James D. Hoover, the subject of the deposition on March 25th, must be employed by a licensed Class A Private Investigation Agency. It is clear from the deposition that Hoover, with only a Class C, was sub-contracting his services to several Class A Licensees, namely D&A Investigations, owned by Dominic Casey, and Class Action Detective Agency, owned by Alan Buchanan”.

    In Hoover’s deposition, he testified that he performed investigative work for both agencies and unless D&A was subcontracting work to Class Action, or unless Hoover was an employee (not subcontractor) of Class Action and subsequently D&A, Hoover and both agencies allegedly violated the law.

    “The 493 Chapter is very clear on this point,” says Chambers, who has been licensed as private investigator since 1982, “Class C licensees may not engage in investigative services except through a licensed Class A agency. Moreover, Class C licensees are prohibited from subcontracting, which, according to the sworn testimony of Hoover, is what he has been doing for years”.

    Chambers explained, “Florida Statutes dictates that Class A agencies may sub-contract work to another Class A agency for assistance, but Class C Private investigators are statutorily prohibited from doing so on their own”.
    Chambers said fully licensed and legally operating PIs in FAPI “are always running across unlicensed activity, including those who possess neither a Class C nor a Class A license and there is little we can do but report it to the Division of Licensing.”

    Apparently even if caught, there isn’t much of penalty for not being licensed and the type of activity testified to in Hoover’s deposition could only result in one or more of the following actions from the Division of Licensing, “Issue a reprimand; deny an application for issuance of a license; impose an administrative fine not to exceed $1000; or, place the licensee on probation”.

    “Given the training and experience required to get a license in Florida”, said Roger Gibson, a retired U.S. Marshal and private investigator in Miami since 1977, “and given the potential harm to the constituents in Florida, there should be a significant fine and it should also be a serious criminal offense to blatantly act as a PI without proper licensing.“

    Feegel and Chambers concede it is a serious problem but said FAPI is working with a few State Representatives and Senators to try to get changes made to the licensing statute. Until then, it is a shame to have this type of embarrassing activity on a high-profile tragedy such as the Caylee Anthony case. There are many experienced, qualified, licensed and insured PIs available via the FAPI website where the public can search for a local and properly licensed PI. Many have extensive working knowledge of criminal investigations, missing children and abuse cases as well as corporate and financial fraud investigations. It is also imperative the public know the Florida Division of Licensing provides individual and agency licensing information available on their web site.

    A business or individual who ends up hiring a private investigator who is not properly licensed may find themselves in a predicament if the investigation leads to a court action. “The credibility of the private investigator and, indeed, the actual investigation he conducted, may be called into question,” said Feegel, “leading to disastrous results for the client”.

    Harvey E. Morse, the founder of FAPI, a licensee since 1975 and former Chair of the State’s Advisory Council agrees. He said, “We work hard to maintain our integrity and investigative skills. The statutory language is clear. Violating the statute subjects the client to having testimony by an improperly licensed PI simply thrown out. People, who circumvent the law for personal gain, do so at their own risk. Our State Association polices the industry by reporting unlawful activity, and we are proud that our members’ license status is verified before accepting them into our organization”.
    Neither of the Anthony PIs are members of FAPI.

    Source Files and Contacts for further background.

    Florida Statutes, Chapter 493
    http://www.flsenate.gov/Statutes/ind...493/PART01.HTM

    Hammond Opinion Letter, 1982
    http://myfloridalegal.com/ago.nsf/Op...2565850068EF97

    FAPI Website
    http://www.myfapi.org

    Hoover Depo Draft
    http://www.cfnews13.com/uploadedFile...Deposition.pdf
     
  2. AlwaysShocked

    AlwaysShocked Well-Known Member

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    What, exactly - "in a nutshell" as Nancy Grace says - did they do that they weren't supposed to do?
     
  3. PattyCake

    PattyCake Gypsy By Heart

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    Is Dominic not licensed? Geez I'm behind in the characters of this case. Is that what the article means?
     
  4. Georgia PI

    Georgia PI New Member

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    In the state of Florida, in order to work as a licensed Private Investigator a person must be licensed by the State and work for a Agency that is registered and holds a Class "A" license.

    Anyone that works for a class "A" Agency like an employee carries a Class "C" license. In Hoovers case he only has a Class "C" which means he is not listed for working for a Agency and is in violation of the regulatory provisions governing the investigative profession as set forth in FSS 493. Public should be aware of Licensing Statutes

    Class "C" licensees are prohibited from subcontracting or working on thier own, which, according to the sworn testimony of Hoover, is what he has been doing for years”.
     
  5. Georgia PI

    Georgia PI New Member

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    Yes, Dominic is licensed as a Class "C" and holds a class "A" agency license.
     
  6. Georgia PI

    Georgia PI New Member

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    Before anyone ask, I have a written release from the Author of the Press Release, there is no link to any news agencies as of yet. I will send the release to one of the Mod's if required for verification.
     
  7. amethyst221

    amethyst221 Former Member

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    So could DC legally employ JH to work for or assist him? It seems he clearly was doing that, though he denied it at first.
     
  8. Georgia PI

    Georgia PI New Member

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    He could have, but he didn't.

    This explains it all:

    Florida Statutes, Chapter 493
    http://www.flsenate.gov/Statutes/ind...493/PART01.HTM
     
  9. cjm11

    cjm11 New Member

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    So, in other words, Dominic is okay, but not a member of the FAPI (which states guidelines to follow?). Hoover was not following STATE laws?

    Just trying to understand this all. TIA
     
  10. Kimmer

    Kimmer Active Member

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    From everything I heard in Hoovers deposition he clearly stated several times that he was not doing an investigation nor was he acting as in a PI capacity...That he had offered himself to G&C for body guard work to protect them and their property from the protesters...It was only when DC asked him to go to the site on Suburban where the remains were found when he and DC decided that they would tape the outings so in the event that they did find Caylee there would be no question as to weather they had tampered with eveidence....Sounds like Hoover really didn't trust DC as was wanting to CYA in the process while he was there......I am still not sure what Hoover did wrong in this case except at this point I bet he wishes he would have just stayed away...far far away....Now as far as weather he was able to sub contact himself out with the kind of license he currently holds there may be a problem with that....But at this point he can retire if they will not renew his license...DC is the one in my opinion that smells like a rat in this case no matter what kind of license he holds...I hope that at some point he turns on Cindy & Lee and lets the truth of what these family members have been up to in this case....Cause I feel that they have all been up to it to there eyeballs....
     
  11. zadari

    zadari New Member

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    imho they are all full of crap except caylee and LE lol
     
  12. cjm11

    cjm11 New Member

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    I guess either way this goes, two more can be added to list of victims of this case. Although these two did interject themselves and were not innocently and unawarely dragged in as many others were. moo
     
  13. Georgia PI

    Georgia PI New Member

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    FAPI is an association that a lot of Licensed Private Investigator belong too.

    The State of Florida makes the laws regarding Private Investigator and their Activities.

    Again I reference Florida Statutes, Chapter 493 http://www.flsenate.gov/Statutes/ind...493/PART01.HTM
     
  14. Marina2

    Marina2 New Member

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    Kimmer, I was just going to post the same thing. Hoover stated several times that he was working voluntarily for CA and GA and NOT in an investigative capacity. It did seem that Morgan asked over and over if DC had asked Hoover to do anything for him. Maybe he was trying to establish that Hoover was working for DC.

    At any rate, Hoover admitted that he's been subcontracting his services for years and this goes against what his license allows.
     
  15. Georgia PI

    Georgia PI New Member

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    You are correct, but what he was doing was in an investigative capacity according to FL Law.

    You just can't do it and then say i'm not acting in an investigative capacity.
     
  16. newuser

    newuser New Member

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    I couldn't get past the first of this article, when they referred to the recently deposed PI as "John" and his name is Jim. This bother's me as badly as people who are trying to talk about this case and don't know the difference in CA, KC and Caylee and can't get the names straight. I know they are similar, but if you are were versed in the case enough to give other's your opinion, you should know their names.
     
  17. Georgia PI

    Georgia PI New Member

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    Name has been corrected and the Author notified.
     
  18. KSH352

    KSH352 New Member

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    My son has his own Private Investigation agency and has a "C" license. He is listed on the state info.

    I have a call into him to ask him about what you have just stated. He also employ's several other PI's .

    I will post what he says when he calls me back..He is busy working as a PI on his own.
     
  19. KSH352

    KSH352 New Member

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    ok I am a dummy..He is listed as an agency too!
     
  20. Georgia PI

    Georgia PI New Member

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    UPDATED - NEW RELEASE

    http://www.myfapi.org/6966695_70154.htm

    Florida Association of Private Investigators Deplores Reports of Unlicensed Activity


    Florida Licensing Statutes are clear; The Private Investigators who involved themselves in the Anthony case appear to have acted in violation of the regulatory provisions governing the investigative profession as set forth in FSS 493. Public should be aware of Licensing Statutes


    Fort Lauderdale, FL, March 26, 2009: While refraining from speculation regarding the Caylee Anthony murder case, the Florida Association of Private Investigators, Inc. (FAPI) is speaking out about the activities of the private investigators allegedly working for the Anthony family and their defense attorney having possibly violated of Florida statutes.

    FAPI, which represents about 400 Private Investigators in Florida and across the U.S., reacted strongly to news reports today about and the publication of a deposition involving one the PIs working the Anthony case.

    Mark Feegel, who is Co-president of FAPI and a licensed Private Investigator since 1993, along with Chuck Chambers, said, “This is exactly the type of activity FAPI tries to prevent,” says Mark Feegel, “with peer group education, annual seminars and familiarity with licensing statutes”.

    Feegel is referring to Florida Department of Agriculture and Consumer Services Chapter 493, which governs and licenses private investigators in Florida. “The chapter clearly states that someone possessing a Class C Private Investigators License – as did James D. Hoover, the subject of the deposition on March 25th, must be employed by a licensed Class A Private Investigation Agency. It is clear from the deposition that Hoover, with only a Class C, was sub-contracting his services to several Class A Licensees, namely D&A Investigations, owned by Dominic Casey, and Class Action Detective Agency, owned by Alan Buchanan”.

    In Hoover’s deposition, he testified that he performed investigative work for both agencies and unless D&A was subcontracting work to Class Action, or unless Hoover was an employee (not subcontractor) of Class Action and subsequently D&A, Hoover and both agencies allegedly violated the law.

    “The 493 Chapter is very clear on this point,” says Chambers, who has been licensed as private investigator since 1982, “Class C licensees may not engage in investigative services except through a licensed Class A agency. Moreover, Class C licensees are prohibited from subcontracting, which, according to the sworn testimony of Hoover, is what he has been doing for years”.

    Chambers explained, “Florida Statutes dictates that Class A agencies may sub-contract work to another Class A agency for assistance, but Class C Private investigators are statutorily prohibited from doing so on their own”.

    Chambers said fully licensed and legally operating PIs in FAPI “are always running across unlicensed activity, including those who possess neither a Class C nor a Class A license and there is little we can do but report it to the Division of Licensing.”

    Apparently even if caught, there isn’t much of penalty for not being licensed and the type of activity testified to in Hoover’s deposition could only result in one or more of the following actions from the Division of Licensing, “Issue a reprimand; deny an application for issuance of a license; impose an administrative fine not to exceed $1000; or, place the licensee on probation”.

    “Given the training and experience required to get a license in Florida”, said Roger Gibson, a retired U.S. Marshal and private investigator in Miami since 1977, “and given the potential harm to the constituents in Florida, there should be a significant fine and it should also be a serious criminal offense to blatantly act as a PI without proper licensing.“

    Feegel and Chambers concede it is a serious problem but said FAPI is working with a few State Representatives and Senators to try to get changes made to the licensing statute. Until then, it is a shame to have this type of embarrassing activity on a high-profile tragedy such as the Caylee Anthony case. There are many experienced, qualified, licensed and insured PIs available via the FAPI website where the public can search for a local and properly licensed PI. Many have extensive working knowledge of criminal investigations, missing children and abuse cases as well as corporate and financial fraud investigations. It is also imperative the public know the Florida Division of Licensing provides individual and agency licensing information available on their web site.

    A business or individual who ends up hiring a private investigator who is not properly licensed may find themselves in a predicament if the investigation leads to a court action. “The credibility of the private investigator and, indeed, the actual investigation he conducted, may be called into question,” said Feegel, “leading to disastrous results for the client”.

    Harvey E. Morse, the founder of FAPI, a licensee since 1975 and former Chair of the State’s Advisory Council agrees. He said, “We work hard to maintain our integrity and investigative skills. The statutory language is clear. Violating the statute subjects the client to having testimony by an improperly licensed PI simply thrown out. People, who circumvent the law for personal gain, do so at their own risk. Our State Association polices the industry by reporting unlawful activity, and we are proud that our members’ license status is verified before accepting them into our organization”.

    Neither of the Anthony PIs are members of FAPI.
     

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