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[infoguys-list] URGENT - PLEASE READ AND RESPOND

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  • YOUR LOUISIANA CONNECTION
    TO: ALL INVESTIGATORS - Please read, we need your support FROM : NCISS LEGISLATIVE COMMITTEE - Eddy McClain, Co-Chairman The Senate has passed S 900, the
    Message 1 of 1 , May 11, 1999
      TO: ALL INVESTIGATORS - Please read, we need your support

      FROM : NCISS LEGISLATIVE COMMITTEE - Eddy McClain, Co-Chairman

      The Senate has passed S 900, the Financial Services Modernization Act of

      1999. In the passed version is an amendment which makes it a federal
      crime
      to use a pretext to obtain financial information from a bank customer or

      institution. The amendment adopted in the House version, HR 10, which
      exempted private investigators pursuing delinquent child support
      payments,
      was not included. Meanwhile, HR 10 is before the House Commerce
      Committee.
      We are requesting investigators to send a letter and a copy of the
      enclosed
      amendments on their letterhead to the Chairman of the House Commerce
      Committee and a similar letter to any member of the Committee who is in
      your
      state. Here is a list of Committee members, you can e-mail them from
      this site, http://congress.org/search.html

      Republicans Democrats
      2125 Rayburn House office Building 2322 Rayburn House Office
      Building
      Washington D.C. 20515
      Tom Bliley, VA Chairman John Dingell, MI
      Ranking
      W.J. (Billy) Tauzin, LA Henry Waxman, CA
      Michael Oxley, OH Edward Markey, MA
      Michael Bilirakis, FL Ralph Hall, TX
      Joe Barton, TX Rick Boucher, VA
      Fred Upton, MI Edolphus Towns, NY
      Cliff Stearns, FL Frank Pallone, NJ
      Phil Gillmor, OH Sherrod Brown, OH
      James Greenwood, PA Bart Gordon, TN
      Christopher Cox, CA Peter Deutsch, FL
      Nathan Deal, GA Bobby Rush, IL
      Steve Largent, OK Anna Eshoo, CA
      Richard Burr, NC Ron Klink, PA
      Brian Bilbray, CA Bart Stupak, MI
      Ed Whitfield, KY Eliot, Engel, NY
      Greg Ganske, IA Tom Sawyer, OH
      Charles Norwood, GA Albert Wynn, MD
      Tom Coburn, OK Gene Green, TX
      Rick Lazio, NY Karen McCarthy, MO
      Barbara Cubin, WY Ted Strickland, OH
      James Rogan, CA Diana DeGette,CO
      John Shimkus, IL Tom Barrett, WI
      Heather Wilson, NM Bill Luther, MN
      John Shadegg, AZ Lois Capps, CA
      Chip Pickering, MS
      Vito Fossella, NY
      Roy Blunt, MO
      Ed Bryant, TN
      Robert Ehrlich, MI

      Here is a suggested letter to send to Chairman Bailey and other members
      of the committee:

      As a licensed private investigator, I support the goals of HR 30, the
      Financial Privacy Protection Act of 1999 which has now been amended into
      HR
      10 and is before your committee. I don't believe that just anyone
      willing to
      pay a fee should be able to access bank account information. But I am
      concerned that the practical result of the legislation, as currently
      written,
      will be to provide sanctuary to debtors, and in many cases, criminals.

      I understand the need to rein in the rogue information brokers. But the

      legislation ought to clearly permit licensed private investigators
      and/or
      their clients to obtain the information needed to collect lawful
      judgments.
      In practice, the legislation will make it difficult to obtain
      information
      about the location of debtors' accounts. Banks will fear releasing
      information no matter what purpose is served.

      The amendment exempting child support collections was a good first step,
      but,
      it will be increasingly difficult for accident victims to recover funds
      from
      those responsible for their injuries; the elderly victims of fraud to
      obtain
      restitution after struggling to obtain a judgement; and small businesses
      will
      be less likely to collect debts for services provided. It is also no
      secret
      that individuals attempt to hide assets before declaring bankruptcy.

      Please don't put roadblocks in our way as we seek to recover funds for
      the
      people who are often victims of fraud. It is inconceivable that
      Congress
      intends to preclude investigators from utilizing the full range of
      investigative techniques to obtain information from subjects under
      investigation merely because they happen to have deposited their
      ill-gotten
      gains in a financial institution, making them "customers" under the
      Act. HR
      10, in its present form, will benefit criminals bent on committing
      financial
      fraud.

      Accordingly, I am attaching four proposed amendments to this letter to
      which
      I hope you will give favorable consideration. Congress should make sure
      that
      HR 10 does not create a shield of protection for the fraud artist to
      hide
      behind.

      Yours truly,

      ---------------------




      SUGGESTED AMENDMENTS

      To Section 1002 (1) add the following:

      The term `customer' shall not include judgement debtors, delinquent
      non-custodial parents, or convicted criminals required to make
      restitution or
      pay fines

      At the end of Section 1003 insert the following:

      (f) ENFORCEMENT OF JUDGMENTS AND COURT ORDERS--A financial
      institution shall, upon request, provide customer information to an
      individual, their counsel or agent, for the execution or enforcement of
      judgments and orders of a Federal, State or local court of competent
      jurisdiction. The individual making the request for such information
      shall
      provide the financial institution with evidence demonstrating the
      authority
      by which the request for such information is being made.

      (g) LAWFUL INQUIRIES--No provision of this section shall be
      construed to prohibit a lawful inquiry for use in connection with any
      civil,
      criminal, administrative, or arbitral proceeding in any Federal, State
      or
      local court or agency or before any self regulatory body, including
      service
      of process, investigation in anticipation of litigation, or other
      proceeding
      and the execution or enforcement of judgment and orders, or pursuant to
      an
      order of a Federal, State or local court.

      (h) INVESTIGATION OF FRAUD--The provisions of Subsection (a)(2)

      shall not apply to a licensed private investigator conducting an
      investigation of a customer suspected of fraud, conversion,
      misappropriation
      or diversion of assets, theft, identity theft, or other violations of
      Federal
      and State Laws for which the maximum penalty is no less than one year
      imprisonment. The licensed investigator conducting such an
      investigation
      shall maintain records of the investigation for a period of no less than

      three years and such records shall be made available, upon written
      request,
      to state regulators for audit. Such records shall include a description
      of
      the suspected violation of Federal or State Law which led to the
      investigation of the individual. If a state regulator determines that
      the
      licensed private investigator did not have a reasonable basis for
      initiating
      an investigation, the investigator shall be subject to the penalties
      authorized in Section 1004(C)(1).

      --
      "YOUR LOUISIANA CONNECTION"
      BOMBET CASHIO & ASSOCIATES

      12077 Old Hammond Highway
      Baton Rouge, Louisiana 70816
      Phone 225-275-0796 Fax 225-272-3631
      http://www.Bombet.com
      ICQ 10458428 & 13592377

      JULIUS "BUDDY" BOMBET, CLI, CFE, LCI
      NALI GIN ACFE NCISS CII WAD WIN NAIS IIN
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