Ain’t Nothing like the Real Thing: Why There’s No Substitute for Primary Sources

(and in This Case Picking Up the Phone) 

As investigators, we often use commercial public record databases as a jumping-off tool when conducting investigations. Their vast reserves of data can help us start to connect the dots efficiently and see more clearly into an investigation. These resources, however, often contain erroneous, limited, or fragmented information, which requires us to go beyond the databases. Here’s a recent example of 221B getting behind what a commercial database described as a “real-time arrest record.” This anecdote also underscores the limitations of a court search in an active criminal case and illustrates how there is sometimes no substitute for information you can learn by simply picking up the phone and asking questions of a court clerk. 

Our client’s corporate security division conducted a criminal history search on a subject of interest, part of which consisted of running the subject’s name through a public records database. The database search revealed a possible “real-time arrest record” for the subject but only provided limited information – a “release date” and the name of the arresting agency (which we’ll call ABC County Sheriff’s Department). Further investigation by the client, including searches in relevant county courts, revealed no criminal cases filed against the subject. 221B was asked to investigate further.   

We started by searching a few other commercial public record databases, none of which revealed a criminal case filed against the individual. 

Next, we picked up the phone and called the ABC County Court Clerk’s Office, which confirmed a criminal case against the subject had never been filed in its court. When searching for any type of court case, it’s imperative to search in the relevant jurisdiction. In this instance, the clerk confirmed to us that any state criminal case originating from the ABC County Sheriff’s Department would indeed be filed in its court.     

We then called and spoke with an ABC County Sheriff’s Department representative, whom we persuaded to do a little digging for us. It turns out the ABC County Sheriff recently made a felony arrest of the subject, and the arrest date matched the “release date” disclosed in the database search. The sheriff’s department would not provide us with additional information, however, because the office’s investigation related to the arrest was still “open.” It is also important to note that not all arrest records are searchable online or by phone through the relevant sheriff’s office, depending on which agency actually made the arrest and sometimes these records never graduate to appearing in the county court’s index if the case never made it past the prosecutor or was dismissed.  

Things now started to become clearer as it appeared criminal charges related to the felony arrest had not yet been formally filed against the individual, which would explain why the ABC County Court Clerk had no record of a criminal case filed against the subject in its court. 

But what felony did the subject allegedly commit? We had another idea on how to find out. ABC County is located within a state where third parties can request a statewide criminal history on an individual. We submitted a request and there it was! The statewide criminal history search revealed that the ABC County Sheriff arrested the individual for felony aggravated stalking related to an undisclosed incident that occurred a few weeks prior to the arrest date.

Getting beyond the databases isn’t always about relying on complex investigative tactics. It’s often more about knowing what sources to speak with and how to quickly establish trust with them to get the critical information we’re looking for.

Over the past few years, we’ve noticed that many clients are increasingly on alert for potential threats against their assets and employees or employee misconduct—whether it happens on the clock or in their personal time. Our clients rely on us as their investigative partners to be able to develop a plan and quickly piece together the critical information in situations like these so they can identify the best path forward for their organization and the safety of their employees and third parties.

Although in this case example our telephone inquiry helped us get the answer we needed, most times we find our answers by first finding the primary source documents that detail the case. These filings are not found through a database search and while some U.S. courts make filings searchable and available online for free or purchase, most counties across the U.S. require additional steps to obtain these documents which are most times necessary to see first-hand in most investigations whether an asset search, due diligence, litigation support or threat intelligence.

221B Partners’ Jennifer Mackovjak and Craig Kelbus will be speaking next week on June 26, 2024 at the 35th Annual ACFE Global Fraud Conference on this very topic, “Ain’t Nothing Like the Real Thing: Why There’s No Substitute for Primary Sources.”