The California law that governs private investigators is California Business & Profession Code Section 7521. The California Bureau of Security & Investigative Services (BSIS) handles complaints against private investigators. Section 7561.1. States
"The director may deny, suspend, or revoke a license issued under this chapter if he or she determines that the licensee or his or her manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, or its manager, has:.
(g) Willfully failed or refused to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.
I filed SEVERAL complaints with the BSIS due to private investigators engaging in behavior which according to California Penal Code 653m amounts to cyberstalking/harassment including the one against Carson Lowe whom I retained to help me with the resolution of an ongoing real life stalking that involves the use of the internet and other mechanisms (electronic & other surveillance).
I filed a complaint with the BSIS not only because he refused to provide me with the report for which I paid him even after being sent a demand letter by an attorney (further expense), but because of many of the things he said to me indicating that he was with 1. Stalking me by proxy (on behalf of someone else) or 2. One of the original stalkers not yet identified. This behavior closely mirrored that of the International Web Police who got me to send them all of my information so that they could do an investigation on my behalf, but then once they had my information Peter Hampton indicated to me that I was the subject of their investigation (see the link at the end of this report for more information on the Web Police).
After the BSIS failed to take any action in spite of Mr. Lowe's refusal being a clear licensing violation, the BSIS instructed me to sue him in small claims court which I did (California Small Claims Case #05S01922). Mr. Lowe showed up in court with nothing but his phone bills as evidence while I provided Judge Torres with our original agreement, copies of the checks I paid him with, a transcript of voice mail messages left by him & his associate in which they state that they are diligently working on my report, as well as the demand letter from the attorney showing the date the statute of limitation began to run when he refused to comply with the demand letter by turning over the report for which he had been paid. I provided the written transcript in addition to a DVD containing the original audio files so that Judge Torres didn't have to listen to them in case that was too cumbersome for him and as proof that the transcripts were accurate.
The hearing was a farce. To add insult to injury, Mr. Lowe used it as an opportunity to not only defame me, something not to be expected from someone whom you have paid money to help you. He stated amoung other vile things that she is the most hateful and hated person on the internet. He obviously spent SOME time doing an investigation on which he could have provided a report but chose not to.
As the plaintiff I was allowed to speak last. I used that opportunity to make the point of reminding Judge Torres that when the attorney I retained sent Mr. Lowe the demand letter, the demand WAS NOT for money. It was only for the report he had been promising me. Since he refused to provide it, my only recourse was a request for a refund of my money and the date of the letter was within the 4 year statute of limitation for the date of harm on a written contract.
What I was unaware of during the hearing was that contained in the case file were documents produced by the BSIS in response to a subpoena duces tecum I had issued that I REALLY needed to see but to which I was not allowed access. They only allowed me to see them after the hearing, but in retrospect seeing them beforehand may not have made any difference.
Mr. Lowe had submitted to the BSIS as evidence of my aforementioned hateful character, a score of internet postings made to racist & sex sites, purportedly made by me but which weren't. This, in my opinion, indicates that at least in this regard, he's not even as competent as I am, when it comes to investigating internet crimes if he's unable to make the distinction between a real posting and a spoof (forgery). I have succesfully traced and identified in real life, individuals hiding in cyberspace, yet Mr. Lowe who was unable to do the same for me, felt entitled to keep the $3,000 which he was paid without providing me with ANYTHING that I could use in a court of law.
He also painted me in a very false light and by making some of the comments that he did, violated not only the confidentiality covered by the previously stated section of the Business & Professions Code (because he obviously wasn't working for me) he further purpetuated the stalking.
Luring a person into a relationship [business inclusive] for the purpose of using said priviledge to perpetuate a crime (the crime of stalking, for example) is a violation of both state and federal law. Or to put it another way, enticing a party into a contract with no intentions of honoring the terms of the contract is considered fraud. (see below for citations & also Frank Coonis link)
Judge Torres ruled against me, taking the erroneous position that the statute of limitations had lapsed on our agreement and also because "in his opinion" Mr. Lowe had already provided me with a report (he referenced the Case Evaluation I provided the court, dated May 5 provided to me BEFORE I retained Mr. Lowe).
From that point on Judge Torres, presiding Judge Meigs in concert with a myriad of courtroom employees proceeded to prevent any legal correction to his mistake by losing my documents, refusing to file my documents, misplacing my documents, misquoting the law and the out and out denial of my rights to a legal remedy for the judge's error.
I have uploaded copies of most of these document including the audio voice mail messages left by him and his associate, copies of the cashier's check with which I paid him, evidence of the ineptitude of the BSIS to conduct an investigation even when the evidence is handed to them, as well as postings to Alt. Private.investigator where a major portion of the stalkers congregated.
That is stored here:
I also have additional reports against the other private investigators involved listed at the hyperlinks below:
California Licensed Frank Coonis Investigations (completed)
Individuals Masquerading as California Investigators (unlicensed) Steven Thomas Moffenbier/Jerry Thomas (incomplete)
Future Reports:
California Licensed Investigator Marvin Coffey
(email links)
The now defunct Web Police
Gang Stalking (will contain links to email correspondence, proof of service, etc.)
BellSouth, SBC, CingularWireless, AT&T docs (including threats)
Mariyam
Federal Way, Washington
U.S.A.
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