Philip D. Smith - Newsletter Page 3


Volume 1 Issue 3 A Newsletter From Philip D. Smith & Associates Page 3 NY State Licensed Investigators and Adjusters

"Videotape
Does Not Lie"
Most Workers Compensation and Liability claims warrant a thorough investigation. Each claim should be assessed for the use of video surveillance. Surveillance allows all parties the opportunity to learn and observe the activities of the given Claimant. During the course of trials and hearings, the jury is forced to listen to witnesses and counterwitnesses. The greater the eloquence of the speaker, the more believable the witness is. The most indisputable evidence is video. The video camera does not lie. Every Claimant with a substantial injury claim is worth observing. Surveillance helps keep the Claimant truthful and catches them when they are being dishonest.

If you would like to discuss how Philip D. Smith & Associates can conduct a discreet, high quality surveillance for you, give us a call. We use covert surveillance vehicles, high-tech digital equipment and highly trained Investigators.

"Sometimes Your Biggest Problems Arise From Your Own Employees"
Not to mention the compensation and liability issues you face everyday, what do you do when your own employees are damaging or stealing your property and product? The best thing to do is catch them in the act and have it videotaped. We have found through experience that employee theft and vandalism occur frequently and usually during the evening hours. Philip D. Smith & Associates has invested time and money in night training surveillance equipment and techniques. Utilizing night vision, Philip D. Smith & Associates has proven to be useful in many evening investigations. Below is a case study of one such investigation.

Environmental Investigation

Environmental investigations are unique and at times quite complicated due to coverage issues. We have extensive experience in conducting environmental investigations and our clients include law firms, municipalities, and corporations.

In many cases identifying the Potential Responsible Parties (PRP's), is the key to slicing up the proverbial coverage or allocation pie. For instance, our client is identified by a governmental agency as a responsible party for a certain waste site. Through investigation utilizing a variety of sources, such as database environmental agencies, court records and interviews, we are often able to show that our client is certainly not the only responsible party. In many cases we have been able to prove that our client was one of the least responsible parties. This all helps to limit and/or reduce our client's exposure.

In other cases our clients have been insurance companies whose insured have been tagged as the responsible party for waste deposited on a property they have owned for years. The properties sometimes date back to the 1800s. The insured claims that insurance company or companies should pay for the clean-up of the site they have been contaminating for many years. Of course the insured has not given the insurance carrier/carrier's notice of their dumping on the site until after they are identified as a responsible party and forced to clean up the site. As is commonplace, when the insured makes the claim with the carrier, and the carrier makes requests for records as to what was deposited on the site, how much, and for what time period, the insured claims the requested records are so old that they have been destroyed.

Through investigation we have been able to provide detailed site histories and prove that the insured were completely aware that they had a serious waste problem many years prior to them giving notice to their carrier. In some sad, but almost laughable cases the insured has had animals and birds dropping dead on their property for years due to exposure to toxins! Now that's notice of a problem!

These are just a couple of examples of how our clients have utilized Philip D. Smith & Associates for environmental investigations. We have consistently eliminated or greatly reduced our clients exposure.

Case Study: Employee Theft

"The Midnight Bandits"
An employer was convinced that her company was losing product for which they were not being compensated. The CEO contacted Philip D. Smith & Associates and requested a consultation. After meeting with the employer and assessing may vulnerable breaches in their security measures, a plan was formulated. Our night vision surveillance team was assembled and on several occasions the perimeter of the company was assessed. Surveillance was conducted over a three week span. Our investigation revealed that 8 out of 12 of the night shift employees were indeed stealing their employer's product. The product was being placed in the personal vehicles of the employees. Our slow speed and night vision video allowed us to capture the identity of the individuals stealing. We were able to identify the vehicles and the owners of the vehicles which were transporting the stolen product. Through the use of our video and investigative logs, the employer was able to confront her employees and take action!

If you would like to know what goes on at your business when you are not around, contact the office of Philip D. Smith & Associates.