Rhode Island Divorce Tips by Attorney Chris Pearsall

Your Cheating Heart…Could Get Caught Next Week

A local private investigator says that there is a higher chance that an infidelity surveillance assignment will be successful on Feb. 13, 14, or 15 than at any other time of the year.

By Jill Connors at Patch.com
Posted:  February 6, 2012

“It’s just human nature,” says private investigator Ryan P. McCormack, one-half of the Newport-based two-man team at Coastal Investigation Group, in explaining why there is a greater chance of catching an unfaithful person on surveillance during the three-day period from Feb. 13-15 than at any other time of the year.

“Around Valentine’s Day, people naturally want to spend time with someone they are romantically involved with. They let their guard down a little, or maybe one person in the relationship pressures the other one, because it’s Valentine’s Day,” says McCormack, who notes that it’s a well-known phenomenon in the private investigation industry.

“I’d estimate there is a 75% chance of catching someone during those three days, whereas during the rest of the year your chances are less than 50-50,” he says.

McCormack says less than half of Coastal Investigation’s caseload is related to infidelity, and he also says there is misconception about an infidelity surveillance assignment, which people often assume means a physical act needs to be caught on tape. Infidelity surveillance assignments often come from divorce attorneys rather than individuals, and they are looking for patterns of behavior or spending that can be important in a case. “For example, if [the unfaithful spouse] is going out and spending $200 on dinner with someone once a week, but then in court they claim they have no money, then that’s when the video footage can be important.”

 Read the Full Article at Patch.com

Disclaimer:  This article is the property of Patch. Attorney Christopher A. Pearsall, The Rhode Island Divorce and Coaching Institute and RhodeIslandDivorceTips.com do not claim any right, title or interest in this article.

Rhode Island Divorce Lawyers have to Consider Covert RI Tracking and Surveillance Methods of Some Spouses!

Being a good Rhode Island lawyer when handling a divorce matter isn't about knowing the basics, a few forms and a the fundamental rules anymore.  So if you're considering representing yourself in Rhode Island's Family Court System you need to know a lot more if you have an untrusting or deceitful spouse.

Today's technology brings with it many conveniences but it also brings with it many dangers.

Let's imagine that you are a lawyer representing a client or even a spouse who wants to represent himself or herself.  Do you know about Patrolman GPS?  What about the FamilyMap Celphone Service by AT&T?  Okay, how about MobiStealth?  

If you are a Rhode Island lawyer representing a divorce client and the opposing party seems to be one step ahead of you every time, or if you represent yourself and the same thing is happening then you need to at least jump onto the internet and find out about these and many other devices and services FAST!

Let me introduce you quickly to each.

Patrolman GPS is a small attachable GPS tracking device that can be used in a magnetic case and put in your pocket, on your car, in your briefcase, in your glove compartment, etc... and track your every move.

PatrolMan GPS (Front and Back)

 

FAMILYMAP Service

FamilyMap is a service you can add to your AT&T Cell phone service. Unless you know what this service is, what it does, AND you also take care of paying the cel phone bill then you wouldn't even know that you are being tracked by GPS built into your cel phone regarding your every movement.

 

MOBISTEALTH

Now for Rhode Island Divorce lawyers this is one to throw into the works that will rock your world and your client's divorce if you are not careful.
MobiStealth is a tracking program that can be installed and remain completely hidden on many cellular phones and is linked both to the phone itself and a GPS Satellite tracking system.  It is reputed that this little germ (as I prefer to refer to it)  of cell phone spywhere can do the following on your cell phone.

• Email, call and SMS history– Stores copies of emails, call logs and SMS that were sent and received from the phone.
• Recent location – MobiStealth can be set to automatically retrieve the GPS coordinates of places that were recently visited.  To get live tracking you will need to signup for the PRO and PRO-X versions as the Lite version doesn’t offer real-time GPS tracking. You will also need to signup for one of the PRO versions if you want to track a phone that doesn’t have GPS.
• Secretly Record Phone Calls (PRO-X Version only) – With this feature you can have MobiStealth record incoming and outgoing calls to specific numbers and even perform reverse phone number look-ups to see who the call are made to or received from.  This feature alone makes MobiStealth a much better buy that many other Android spouse spy software because it doesn’t require that you are there to listen in on calls as they are happening.
• Retrieve Pictures and Videos – A picture, they say, is worth a thousand words and in fact may be all you need to make your case against someone, especially if the person has the habit of taking lots of pictures and videos.  This feature allows MobiStealth customers/clients to remotely retrieve pictures and videos that were taken with the targeted phone.
• Recordings of the Phone’s Surroundings – This spy feature can turn on the phone’s microphone in order to secretly record conversations that are within earshot.
• Bookmarks, chat Sessions and Calendar events – A detailed record of bookmarks, chat sessions and calendar events can be just as incriminating as photos and text messages. You can use this Android spy app to review of chat sessions, calendar events and even contacts that were created.
• Internet Browsing – If you are concerned that the phone in question is being used by your spouse to view  inappropriate content, MobiStealth can help you get all the evidence you need to confirm your suspicions or confront your partner.

To this point there haven't been cases addressing the legality of these particular devices when used in connection with Rhode Island divorce cases by the Rhode Island Supreme Court.

However, from the perspective of Rhode Island lawyers representing you in a divorce proceeding these are becoming more common issues that should be considered.  These should be considered not simply due to the possible invasion of the attorney/client privilege but also due to the fact that legal protections and/or motions may need to be filed in the family court to establish prevent further invasion and/or validate the criminal nature of the surveillance.

Technology concerns in divorce cases in Rhode Island are no longer optional for the lawyers in the cases or those people who represent themselves.  Divorce is a whole new ball game folks.  Knowledge of technology is no longer optional.

I'm Attorney Christopher A. Pearsall and I am "The Rhode Island Divorce Coach."

My Sincerest Wishes for Success if you Appear before the RI Family Court,

Chris

Rhode Island Divorce Attorney Coaching Tip: Be Aware of What Untrusting Spouses are Capable of!

When trust breaks down in a relationship you'd be surprised at what can happen.  Your trusted partner can turn into your worst nightmare whether you are married or not.

Here are just five (5) ways a trusted partner has lost trust in your faithfulness can help to cause the destruction of your relationship or invade your privacy.

1.  Your trusted partner may hire a private investigator to check into anything and everything you are doing, follow you around day and night, and even cause you to become paranoid and in fear of your life.

2.  Your trusted partner could install  software on your computer to spy on you that might do everything from cataloging everything you do... to literally turning on your webcam and watching what is going on in your room without your knowledge.

3.  Your trusted partner could install remote control software that allows him or her to gain control of your computer at any time of the day or night if you have an "always on" internet connection such as dsl or cable internet, which may even include turning on or shutting down your computer whenever they want.

4.  Your trusted partner could "bug" your car with a listening and/or tracking device to hear what you are saying, record what you are saying, or even track where your car is at any point in time.

5.  Your trusted partner could obtain your passwords for online accounts you have set up, or even set up "online access accounts" with companies they know you have services with in order to obtain detailed information about what you are doing on your phone, with your texts, with your travel, in your smartphone's email, etc...

One of the most prevalent statements I hear from people who come to me for advice when they mention things that indicate any of these things may be occurring is, "my partner would never do that."

The best first step toward protection you can have is to avoid ignorance.  Any spouse who is emotionally angry or scared enough is capable (sometimes with a little encouragement or suggestion from a friend or even an attorney) of falling into the trap of becoming even more untrusting and then become untrustworthy as that partner struggles for some semblance of reasonable assurance that their world is okay and their relationship with the other partner.

As an optimistic Rhode Island attorney who hopes that parties can survive their relationship difficulties I still advise my clients of one thing.

It is this.

Your best defense is to avoid ignorance.  

Keep this statement always in the back of your mind.  

"Any partner with enough distrust or doubt in your relationship is capable of becoming your worst nightmare."

My Very Best to All for a Joyous, Happy and Safe Holiday Season!

I am Attorney Christopher A. Pearsall.   I am "The Rhode Island Divorce Coach, and I'm here to help!

Call for your affordable Rhode Island Divorce Coaching Session or Seminar and get the information you need to make the important decisions in your life.  Call now at (401) 632-6976!

Rhode Island Divorce Coaching Tip - Divorce in RI Could Go As Far as Criminal Acts!

Whether you like it or not Rhode Island Divorces with bitter spouses are no longer simple anymore.  They have risen to the level of cyber terrorism yet the law has yet to catch up with it in the area of Rhode Island Family Law.  Only criminal law seems to have reached the area of computer crime and infiltration of private information.  Here is only one example of what computer hackers are capable of.

IMF becomes latest known target of major cyber attack

WASHINGTON/BOSTON | Sun Jun 12, 2011 1:25am EDT

(Reuters) - The International Monetary Fund, the intergovernmental group that oversees the global financial system and brings together 187 member nations, has become the latest known target of a significant cyber attack.

A cybersecurity expert who has worked for both the Washington-headquartered IMF and the World Bank, its sister institution, said the intruders' goal had been to install software that would give a nation-state a "digital insider presence" on the IMF network.

Such a presence could yield a trove of non-public economic data used by the Fund to promote exchange rate stability, support balanced international trade and provide resources to remedy members' balance-of-payments crises.

"It was a targeted attack," said Tom Kellerman, who has worked for both international financial institutions and who serves on the board of a group known as the International Cyber Security Protection Alliance.

The code used in the IMF incident was developed specifically for the attack on the institution, said Kellerman, formerly responsible for cyber-intelligence within the World Bank's treasury team and now chief technology officer at AirPatrol, a cyber consultancy.

The attack on the IMF was the latest to become known in a rash of cyber break-ins that have targeted high-profile companies and institutions, often to steal secrets with potentially far-reaching economic implications. The list of victims includes Lockheed Martin Corp, Sony Corp and Citigroup Inc.

IMF spokesman David Hawley said Saturday the Fund was "fully functional," despite the attack.

"I can confirm that we are investigating an incident," he said, adding that he was not in a position to elaborate on the extent of it. He declined to respond to requests for comment on Kellerman's conclusion about the intruders' goal.

The U.S. Federal Bureau of Investigation is helping to investigate the attack on the IMF, according to a U.S. Defense Department spokeswoman.

DIFFICULT TO PROVE

A World Bank official said the Bank had cut its network connection with the IMF out of "caution" even though the information shared on that link was "non sensitive."

Rich Mills, a Bank spokesman, said "the World Bank Group, like any other large organization, is increasingly aware of potential threats to the security of our information system and we are constantly working to improve our defenses."

Jeff Moss, a self-described computer hacker and member of the Department of Homeland Security Advisory Committee, said he believed the attack was conducted on behalf of a nation-state looking to either steal sensitive information about key IMF strategies or embarrass the organization to undermine its clout.

He said it could inspire attacks on other large institutions. "If they can't catch them, I'm afraid it might embolden others to try," said Moss, who is chief security officer for ICANN.

But cyber security experts cautioned it might be difficult for investigators to prove which nation was behind the attack.

"Even developing nations are able to leverage the Internet in order to change their standing and ability to influence," said Jeffrey Carr, author of the book, "Inside Cyber Warfare."

"It's something they never could have done before without gold or without military might," Carr said.

Experts say cyber threats are increasing worldwide. CIA Director Leon Panetta told the U.S. Congress this week the United States faced the "real possibility" of a crippling cyber attack.

"The next Pearl Harbor that we confront," he said, could be a cyber attack that "cripples our power systems, our grid, our security systems, our financial systems, our governmental systems."

"This is a real possibility in today's world," Panetta told a June 9 confirmation hearing in his bid to become the next U.S. defense secretary.

'SUSPICIOUS FILE TRANSFERS'

Bloomberg News reported the attack occurred before the May 14 arrest of former IMF Managing Director Dominique Strauss-Kahn on sexual assault charges. It resulted in the loss of e-mails and other documents, Bloomberg said.

The New York Times cited computer experts as saying the IMF's board of directors was told of the attack on Wednesday, though the assault had lasted several months.

An Internal IMF memo issued on Wednesday warned employees to be on their guard.

"Last week we detected some suspicious file transfers, and the subsequent investigation established that a Fund desktop computer had been compromised and used to access some Fund systems," said a June 8 email to employees from Chief Information Officer Jonathan Palmer.

Details of the email were first reported by Bloomberg. Reuters' sources confirmed the wording of the email.

"At this point, we have no reason to believe that any personal information was sought for fraud purposes," the message to employees said.

Lockheed Martin Corp, the Pentagon's No. 1 supplier by sales and the biggest information technology provider to the U.S. government, disclosed two weeks ago that it had thwarted a "significant" cyber attack. It said it had become a "frequent target of adversaries around the world."

Also hit recently have been Citigroup Inc, Sony Corp and Google Inc.

The IMF is seeking a new head following the resignation of Strauss-Kahn after he was charged with the sexual assault of a New York hotel maid.

(Reporting by Lesley Wroughton, Jim Finkle, Jim Wolf, Jim Vicini; Editing by Peter Cooney, Todd Eastham and Paul Simao)

COMMENTARY by THE RHODE ISLAND DIVORCE COACH

Privacy is no longer something to be considered sacred anymore and some parties in a divorce have taken matters to new heights, going so far as infecting computers with hidden software programs that go virtually unnoticed by the user while the spouse is constantly fed your private information.

Imagine being in a Rhode Island divorce proceeding only to have your private emails and banking records thrown at your own attorney in the courtroom hallway. 

Imagine having your account at BANK RI drained of funds by a transfer you never authorized.

Imagine having fraudulent information published on your Facebook page to be used against you in your divorce when they were planted by your spouse who has stooped to a new low in guerilla divorce tactics.

These are only a few of the actions that spouses have taken or could take to cripple you in a divorce proceeding whether they contain accurate information or fraudulent information.

Denial is usually the first level a spouse will arrive at if these things are even mentioned, yet the reality of the things are that people who can do these things are readily available through the internet or through internet contacts.  Sadly there are even companies that sell little known programs that will do some very damaging and intrusive things to you in your RI Divorce proceeding without having the slightest amount of computer knowledge at all.

In the end, depending upon how the person engaged by your spouse approaches the situation, or which spouse performs the actions, or which spouse even "owns" the computer, the spouse taking these denigrating acts of violation or hires a person to do so may have committed a state or federal computer crime punishable by fines or jail time.  Yet many spouses, especially those with children, bank on the very fact that the spouse begin victimized by these computer invasions of privacy would never cause the mother or the father of their children to be labeled as a criminal.

Ultimately, if you have a computer, especially one connected to the internet by a cable or DSL internet service your level of awareness during a divorce should be increased as should that of your divorce lawyer. 

Yes, Rhode Island divorces could (and frankly have) become subject to criminal acts out of everything from emotion, to vengeance to extreme acts of protection which may be, in fact, criminal.

Watch your back!  Watch your front!  Watch your kids!  But be ever vigilant that your computer may be used to watch YOU!

A Tip for Rhode Island Lawyers to Protect Divorce Files and Clients

Protecting yourself and your clients is more than just about the law we know.  Tragedy could strike at any time.  A hard drive quits on you.  Files get corrupted from a sudden surge of electricity.  Files can get lost based upon an immediate loss of power without proper battery backup systems.  This should be a concern of lawyers in Rhode Island practicing divorce.  

You and your clients deserve to be protected in more ways than one.  I've tried and tested virtually every major internet backup system from its security regarding your client files to its backup speed.  My recommendation is head and shoulders above the rest.  Feel free to check out their free account and their free trial.  This company is top notch for a reason.  I have yet to find something they don't have covered.  So, lawyers here you have it below..... and clients you should be checking to see if your attorney is on the internet from their law office and, if so, who do they have backing up your file data securely.  Sloppy backups mean your personal information is subject to access and could be in anyone's hands if they aren't careful.  

Attorney/Client privilege doesn't mean too much if your attorney doesn't have your file information securely protected and backed up.

 

In my humble opinion, this company is hands-down one of the best secure backup companies for legal professions.  Fast, Encrypted, Multi-Location Access, Syncing Between Computers and so much more.  I was convinced on the free trial.  Go ahead.  Put these guys to the test and Try SugarSync for Free and share your opinion with me.  I'd like to hear what you have to say.  I want the best for my clients and for the security of my law practice.  Your opinion matters.  Let me know what you think.  Feel free to click the graphic and give them a shot with their free account.  There is no obligation whatsoever.  Then try Mozy, Carbonite and the others and give me your honest opinion.  In the end, you get what you pay for and when you pay for this service I think you get the best.  If you think someone out there is offering something better, please let me know.