Robert Rahn and Kim Anklin of Private Investigations by Management Resources Ltd of New York have a way about them. They have a banter used by seasoned professionals whose abilities compliment one another. And… don’t forget about the value of having the male and female perspective… If one forgets something…the other jumps in.
Listen to SHATTERED LIVES with Bob Rahn and Kim Anklin:
This is no “Columbo” outfit with the rumpled raincoat, the cigar and firetrap office…. No sir! In fact, private investigation has evolved over the years such that there is a high degree of specialization… perhaps one or two areas per company such as corporate and insurance fraud, forensic investigation dealing with computers and cell phone technology etc. However, at Management Resources, they take a larger view and offer the full menu of services.
They are not afraid of a challenge. In fact, they thrive on it. Between them, they have over fifty years experience… not to mention a staff of eight other investigators and a consortium of other professionals they work with throughout the nation and the world! Crime victims listen up….Talk about the world is your oyster! Services offered include 12 major areas such as criminal defense, civil investigation, missing persons, corporate and insurance fraud, wrongful death, civil rights violations, custody and child support, just to name a few…
Victims of violent crime are a sizeable part of their business…. How do they help? Well, the first step in the normal course of things is to go to the police. BUT… What if… as a crime victim you feel that the investigation is being handled improperly? What if you feel the delays are too long? What if you feel evidence is being overlooked or that you are being ignored? Bob, Kim and their colleagues will offer advice when the victim’s first call is to them… or farther down the line. Victims ask, “What should I do?” Or… they often don’t want to offend or anger this one or that one…
Bob and Kim guide crime victims, they educate them about the process. They assist in preparing documents, they refer to other needed professionals, they accompany them, they advocate for them. In other words, they “go the extra mile” always.
If your bank account is limited, rest assured that that is taken into consideration. You will not be turned away. They can assist with finding the proper resources which may be free in some cases…or they give you the tools to do what is needed.
Kim Anklin stressed the importance of making sure that the victim has a plan in place… a roadmap to follow, if you will. Although this cannot remove all stress, it can alleviate some stress. The power is in knowing what to expect, to be prepared as best you can…
Criminal Versus Civil Litigation – Hard Truths… No Easy Answers
Be aware that when criminal and civil cases are linked, there are differences and that a civil trial is not “just a fall back position.” Kim knows full well, from her own personal experience that civil litigation is “no piece of cake” … ‘Far from it! [LJ – Note We will be featuring a special edition of ‘Shattered Lives” in the future to discuss this topic in depth.] As an example, Kim spoke of the OJ Simpson case, in which the criminal case was completed first with a not guilty verdict due to the level of “reasonable doubt” raised. Know that in real life, it is extremely difficult to get a guilty verdict in criminal cases even though it may seem “obvious’ to outsiders. Civil litigation is judged by a different standard known as the preponderance of the evidence.
Definitions: http://legal-dictionary.thefreedictionary.com/Reasonable+Doubt; http://www.lectlaw.com/def2/s102.htm;
Reasonable doubt is the highest standard of proof used in court. In civil litigation the standard of proof is either proof by a preponderance of the evidence or proof by clear and convincing evidence. These are lower burdens of proof.
A preponderance of the evidence simply means that one side has more evidence in its favor than the other, even by the smallest degree. Clear and convincing evidence is evidence that establishes a high probability that the fact sought to be proved is true. The main reason that the high proof standard of reasonable doubt is used in criminal trials is that criminal trials can result in the deprivation of a defendant’s liberty or in the defendant’s death, outcomes far more severe than occur in civil trials where money damages are the common remedy.
A decision made by a judge on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law.
Kim elaborated further that other well known examples include priests and the sexual molestation cases and sports figures such as the coach at Penn State, these events can assist in shedding light on past crimes which may have occurred 20 years ago or more….and then suddenly a “fresh case” hits the media and opens a “Pandora’s box” of potential new civil litigation.
We cannot stress enough that civil litigation is not for the faint of heart, it is not a fall back position. It is A LONG ARDUOUS PROCESS. The cards are frequently stacked against you from the beginning. We have become a litigious society in which “every fender bender“ is worth consideration under the law…thus hopelessly clogging the courts with years of backlog , 2, 3, 4 and sometimes longer at stated by Bob Rahn.
Other things you should know…. Civil litigation is all about the money. The judge sits down and evaluates each side’s case and weighs the chances using summary judgment … trying to avoid trial and trying to get a settlement if there appears to be a logjam in terms of the strength of either parties case. The judge advises based upon the evidence presented and encourages each to “come up with a number.” Kim and Bob agreed that the number of people who “stay the course” and ride out the entire civil litigation process is very low in comparison to those who settle their cases.
The Human Toll: For victims of violence crime in particular, who decide to go the civil route in addition to the criminal trial, she advises the following:
- Gather your support system for the long haul;
- Be prepared the need to undergo “immense therapy” in order to cope;
- Be aware that the viction of a violent crime may in fact not be prepared to stay the course, with two successive trials;
- A typical scenario may be the family is diagnosed with post traumatic stress disorder as a consequence of the violent crime and also becomes isolated and depressed months later as a normal part of their grieving process, and cannot effectively participate in the civil process;
- Going through two trials is extremely difficult at best;
- “The other side” imposes lengthy delays to try to wear you down, as time and financial resources are frequently on their side;
- Re-traumatization is a tactic used and you are vulnerable to still more prolonged stress and trauma, feeling it again as “an open wound.”
- Kim wishes with all of her heart that NO ONE had to go through this process as it is unconscionable, unfair… but still …the way it is.
- Management Resources can assist you in making an informed decision given all of the factors, but the ultimate decision is yours.
Frequently for the crime victim, it is not at all about the money, but trying to obtain a “piece of justice” where the criminal trial fell woefully short…
PI Assistance and Collaborative Efforts:
When a crime victim contacts a private investigator to assist when there is active law enforcement, it is sometimes a “territorial dance” – perhaps 10% of the time, according to Bob. However, as PI’s, they respectfully inform the police that they are also working with the victim and encourage collaborative effort in the spirit of cooperation. They ask up front what they are prohibited from doing. They “take their marching orders” and go from there… as they can do a multitude of different things involving researching untried aspects of the case, such as in a missing person’s case. They share results and work on behalf of the crime victim …and hope that territorialism doesn’t enter into it.
If specialization is needed from another entity, such companies can be hired as experts…. Incurring extra charges is not what crime victims need or desire at such vulnerable times. As Kim stated, “We try so hard…especially with victims of violent crimes. We sharpen our pencils. We do what we need do. Victims of violent crime are our “soft spot.”
For a free consultation and more, sharpen YOUR pencils and contact Bob and Kim…even if you are in doubt of your case…. They will listen!
www.nysleuth.com or toll free at 1-800-490-2267
- Why the civil litigation system is unfair to physicians (kevinmd.com)
- What Judges Think of IP Litigators (patentlyo.com)
- Melanie I. Rieger’s Legacy Continues to Blossom (donnagore.com)
- The Cookie Cutter Response to Intimate Partner Murder! (murphymilanojournal.blogspot.com)
- SHATTERED LIVES with Donna R. Gore Talks with Investigators (imaginepublicity.com)