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By Robert F. Kegel, Staff Writer
Investigations of fraudulent insurance claims, especially those of the disability and/or workers’ compensation variety, often require the documentation of a claimant’s activities without the claimant’s knowledge. Seldom are two situations alike, however, and an investigator faced with a case requiring covert video monitoring has a variety of options to consider in acquiring the needed information.
At the base level of cost and sophistication, an investigator can use a hand-held, still or video camera from any unobtrusive location with a view of the subject’s activity. The obvious (and sole) advantage of this method is the low cost. A compact Hi8 camcorder is the top-of-the-line choice for this method, although plenty of cases have been made over the years using 35mm still cameras or home VHS camcorders.
There are numerous disadvantages of this inexpensive method. First, the tedium experienced by the investigator—who may wait for hours or even days before spotting the target person engaged in an activity to be documented—can lead to a slow reaction when speed is of the essence. Thus, by the time the investigator picks up the camera and begins shooting, the only picture he gets may be of a car receding in the distance. Next, the investigator may be physically uncomfortable because of the temperature or because of the position he must maintain for an extended period of time. And finally, the pictures can always be disputed as to time and date.
At the other end of the price scale is the “James Bond” system so popular with the movie makers. With enough money, investigator time and court orders, it is possible to document every moment of any individual’s time. Unfortunately, few investigators have unlimited funds or court orders.
A wide range of technology exists between these two extremes that will allow an investigator to monitor locations subtly and thoroughly, with safety and comfort. For outdoor locations, a surveillance van may provide security and mobility and may include options that allow continuous monitoring of an area of up to a half-mile radius.
The requirements for a good surveillance van generally fall into four categories:
Security
Comfort
Dependability
Technological sophistication
Security requires that the van look exactly like a typical vehicle. There should be no clues in evidence that would suggest the van’s true role, even on relatively close examination by a suspicious claimant. What makes a surveillance van an effective tool is the existence of an obvious reason for such a vehicle to be in a particular location.
A plain white van parked on any street for any period of time will generate suspicion unless there is a good cover story. Sometimes the cover can be as simple as paying a neighbor to allow parking in his driveway. Magnetic signs for a cover company and appropriate, supporting equipment visible through the van’s windows lend credence to a reason (other than surveillance) for having a strange vehicle in the neighborhood.
Since there is often a risk of violence directed against the investigator, steps must be taken to provide adequate protection. Some vans are lined with Kevlar or Lexan to stop small arms fire. Because these vehicles may be engaged in pursuits at times, some thought also needs to be given to protecting the driver from the ton-and-a-half of equipment in the event of an impact. In addition to safety straps on the equipment, a standard cargo wall helps to contain the equipment in case of a crash.
Tony Corio of R-T Engineering in Phoenix, Arizona, warns against using “pocket doors” made out of plywood to separate the driver’s compartment from the rear equipment area. “In case of a crash,” he says, “a 45-pound Palco Panatel can take off like a rocket due to the force of a rear-end collision. That three-quarter-inch plywood isn’t even going to slow it down—and you just killed somebody.”
That somebody is the investigator.
The comfort of the investigator is important to both employee morale and alertness. To allow hours of surveillance without inviting back problems, a good van should have swiveling, reclining seats, equipped with lumbar support.
The summer temperatures can reach into the 120’s in parts of the Southwest, and a running engine and air conditioner in an apparently unoccupied van are dead giveaways for an undercover operation.
The answer? Thick insulation and a system of fans and pumps are able to maintain internal comfort for up to 14 hours from a supply of 50 pounds of ice or dry ice. But keep in mind that any alterations to a vehicle need to be carefully examined from an employee-safety and environmental-impact standpoint; problems include possible fumes from foamed-in-place insulation, etc.
Dependability results from using the highest quality, industrial cameras and recorders and a heavy-duty van frame. Everything must be well secured because these vans, although designed and mostly used for stationary surveillance, may be involved in pursuit activities.
One of R-T Engineering’s customers, according to Corio, “was three feet off the ground in a 6,800 pound truck, doing 50 miles an hour. When the van hit the ground, everything remained in place, intact. The safety straps held. There was a camera on one of the robotic arms shooting video and nothing came apart.”
The technology involved inside the van is what makes the investment worthwhile. By using broadcast-quality, industrial cameras, lenses and recorders, the investigator will obtain excellent images even with time-compression systems. While a handheld camcorder is usually only turned on when activity is noticed by the investigator, these professional systems are set to record full time throughout the surveillance. With a time and date stamp on this continuously running system, the pictures are more convincing to a jury than simple, modifiable pictures from a handheld camcorder.
In a workers’ compensation case handled by Crystal Investigations of Chino, California, the allegedly totally disabled claimant was taped—during the trial—doing routine household bending chores. The insurance company had offered a $900,000 pre-trial settlement, but the claimant was holding out for $1.7 million. When the jury saw the tape, with no other impeaching evidence, it came back in one day with an award of $0.
Two major advantages of the continuous recording system are 1) all the activity is on record (no start-up lag) and 2) the accuracy of the surveillance is demonstrable. As Russ Bohse of Crystal Investigations, Inc., says, “Running tape full time answers the client’s question ‘were you there all the time?’ and supports your billing.”
Since attorneys and claims handlers would be averse to watching hours of video tape in order to see a few moments of important activity, the investigator should mark the spot on the tape where the activity begins for quick review.
The ideal set up utilizes an audible alarm on a motion detector in the camera. The recorder can be set for time lapse but will come up to real time when motion occurs in the target area. The alarm alerts the investigator, even if the investigator is other-wise occupied (for instance, checking the inside of his eyelids for light leaks).
Some investigators dislike these automated systems. As Bill Kizorek of InPhoto Surveillance observed, “employing this type of device may actually encourage sleeping. But more importantly, a motion detector can’t discriminate between the subject of a surveillance and an unrelated party. In most cases, documenting the activities of a John Doe—without a valid reason—constitutes an actionable invasion of privacy.”
By mounting the camera on an elevator, the investigator can raise the camera to shoot over cars or other obstructions located between the van and the suspect. With a periscope system, it is easy to obtain full-face shots of targets hundreds of yards from the van—something that’s impossible with a handheld camcorder.
The emerging technology in this field involves unmanned vans. These provide both cost savings (by eliminating the payroll cost for a long surveillance) and security benefits (by not placing a person at risk). However, the use of an unmanned surveillance location requires highly automated equipment.
Several companies have set up an unmanned camera with a 172-hour recording time, only to find that the important activity occurred between the frames (which can be as much as 14 seconds apart). Using the digital video motion detector technology to accelerate the recording system to real time when activity is sensed will allow an unmanned van to record all the activity at a location.
The biggest problem associated with totally automated systems is that such a system reduces the involvement of the trained investigator. As Kizorek said, “Surveillance is a craft, the end result giving testimony to the experience and skill of the investigator. Without question, improvements in equipment and technology can significantly enhance the results, but only when applied by a skilled craftsman.”
The ability to pick the right location and time for surveillance, and the ability to react to constantly changing conditions, are the result of the investigator’s training and experience. And when all is said and done, often the ultimate decision will be based on the personal credibility of the investigator’s testimony — testimony that supports and validates the video evidence in the minds of those deciding the case.
Because of the legal restrictions on audio recording in U. S. Code 18, covert audio recording is used much less often in fraud investigations.
As the price of sophisticated video recording equipment drops, many businesses are discovering that constant recording of their entire premises can be a valuable deterrent to fraud. Just as security cameras are now routinely used to deter or solve robberies at convenience stores, fixed location/constant monitoring video may become a deterrent to—and a solution for—future liability-based fraud.
Overall, surveillance van technology, as well as surveillance technology in general, are moving forward at a rapid pace. But while trendy new equipment is certainly an advantage, the most important elements to a good surveillance remain constant:
Skill
Competence
Patience
Experience
and a certain element of Creativity.
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