Page 20 - NCISS Your Advocate September-Summer 2021

Association News, Member News and News for Members

➢ Three Plead Guilty to Scheme to Obtain Tax Information
As part of their guilty pleas, Stephen Mockler, Andrew Panessa, and Sabrina Scott admitted that Scott, while an
employee of a private investigation firm in Texas, provided both Mockler and Panessa with personal identifying
information about her firm’s investigative targets (including the targets’ social security numbers) and requested that
Mockler and Panessa use that information to obtain confidential tax information. Mockler, who received requests for tax
information from both Scott and Panessa, called the IRS and used the personal identifying information provided to him
by Scott or Panessa to impersonate the taxpayer, answer the IRS’s security questions, and learn non-public information
about the taxpayer. Mockler then sent that confidential tax information back to Panessa or Scott, who provided the
information to the private investigation firm’s clients for a fee.
-- DOJ Press Release www.justice.gov/usao-ndny/pr/three-plead-guilty-misuse-social-security-numbers-and-other-
charges-part-scheme-obtain

Information we, as private investigators - citizens - receive illegally is not evidence and can not only result in similar
charges - it can destroy your client's case and your reputation. Cases like this further damage our profession - not just our
public image. Outsourcing potentially illicit and unethical assignments does not protect private investigators or their
clients - possible conspiracy.

➢ How to Draft Effective FOIA Requests (online CE)
(Wes Bearden – Bearden Investigation TX / LA)
This program is designed to familiarize attorneys in both criminal and civil litigation with the process of obtaining
federal, state, and local governmental information under the Freedom of Information Act ("FOIA") and its state
counterparts. The program will cover how to effectively draft such requests, the scope of the act, and tips on routinely
requested information. The course will compare the federal and state acts and discuss the deadlines, procedure, and
most effective methods to request information. It will also discuss an update on case law relating to public information
availability under FOIA. In particular, we will focus on effectively requesting routine information on your client, opposing
party or witness.
www.lawline.com/course/if-you-try-sometimes-you-can-get-what-you-need-how-to-draft-effective-foia-requests

➢ A Simple DUI Conviction I Worked On Was Just Overturned By The United States Supreme Court - I'm Humbled
(Anthony Hopkins – Anthony Hopkins Investigations in CA)
If you know me, you know that I am a pretty modest person. I don't go out trying to make a big name for myself. I just
do my job as a PI day to day like all of you do. But in this case, I want to share something that turned out to be an
unexpected landmark case. The case is Lange v. California, https://www.supremecourt.gov/opinions/20pdf/20-
18_cb7d.pdf.

In 2017, I was hired by the defense attorney for an unusual DUI case. It resulted in a conviction at trial, but was appealed
and the conviction was upheld at the California Appellate Court. An appeal of the lower court ruling was accepted by
the United States Supreme Court. My investigative report and diagrams were submitted to the Court. The U.S. Supreme
Court in a 9-0 ruling has reversed the DUI conviction. The Supreme Court didn't just rule it was a bad stop, they ruled it
was a warrantless search in violation of the 4th Amendment. A unanimous decision by this U.S. Supreme Court on a
traffic stop case? Blows my mind.

I won't say the U.S. Supreme Court relied on my investigation, as there were other factors of law at play, primarily
whether what was a minor vehicle code violation could warrant an officer rushing into a person's garage to detain them.
I think the defense investigation definitely helped the Appellate clerks and attorney prepare the appeal. I was pleasantly
surprised when I received the call from the pro bono appellate attorney requesting my investigation report and
diagrams. I share full credit with my colleague and former employee Mayra Mira, PI who assisted me on this
investigation and who did an excellent job creating those diagrams. Mayra was instrumental and I thank her.

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