Case Studies
Criminal
CASE STUDY #1
Client charged with Capital Murder. Our six month investigation was able to develop numerous witnesses that helped rebut the states case. A thorough review of the discovery disclosed serious flaws in the States case. A meeting was arranged with the State and the defense team. The defense team was allowed to demonstrate to the State our Claim of Innocence. The client was asked to take a polygraph and passed. The case was dismissed. Note- This was the first time in Illinois that a Death Penalty case was dismissed prior to trial since the Capital Litigation Trust Fund was enacted in 2000.
CASE STUDY#2
Client charged with Capital Murder. Our agency was brought in to assist in the final phases of the investigation. Our investigators conducted a comprehensive through review of the discovery as well located and interviewed several critical witnesses and located some missing evidence. The attorney was able to utilize this information during depositions. The information developed eventually led to the state dismissing all charges against the client.
CASE STUDY #3
Client charged with Capital Murder. Co-Defendant had made plea agreement to Residential Burglary and agreed to testify against client. Our investigation consisted of over two years of locating and interviewing of approximately seventy-five witnesses in five states. Client had a jury trial and was acquitted of Capital Murder and was found guilty of Residential Burglary.
CASE STUDY#4
Client charged in 1999 with first degree murder of his newborn son. Our defense team was brought on board after initial attorney and investigator had stopped working on case. Our investigation developed approximately fifteen new witnesses, and located evidence that had not been previously disclosed by the state. On the eve of trial our investigators tracked down and interviewed two fact witnesses that gave statements as to the actual person responsible for the murder. The state offered a reduce charge of aggravated battery. After serious consideration and maintaining his claim of innocence the client elected to plead to a reduced charge.
CASE STUDY#5
Client was charged with six counts of first degree murder of his pregnant wife. Our investigation uncovered numerous inconsistencies in the states case as well as locating several witnesses that helped establish timelines that showed the factual inconsistencies of the states case. During the course of the investigation we also located evidence the state had failed to locate and examine. After approximately a two week jury trial and six hours of deliberation the jury acquitted the defendant of all charges.
CASE STUDY#6
Client was charged with aggravated DUI and was facing possibility of losing his license as well as his freedom. Our investigation consisted of doing a thorough review of all police reports, documents provided by the state as well as utilizing one of our investigators who is a qualified expert in Standardized Field Sobriety Tests. A thorough examination revealed several incorrect procedures on the SFST's. A jury trial was held and our investigator testified to his findings. Jury found the client Not Guilty.
CASE STUDY#7
Client was originally charged with Capital Murder in 1992. Was found guilty and sentenced to a life sentence with no parole. Our investigator met the client in 1997 and began to realize that he could possibly have an innocent man that was now behind bars for the rest of his life. The investigator began a meticulous investigation for the post conviction proceeding. The investigator went through six different attorneys and law firms during this 12 year journey. Along the way the investigator discovered the original attorney had become disbarred while the original investigators only spent a total of fifteen hours on the case. The case was one of the most complex cases the agency had ever been involved in with 4 different crime scenes, every imaginable type of forensics that could be utilized , as well as missing evidence, destroyed evidence, voodoo science and a jail snitch. Our investigator would not let it go and continued his persistence until he finally met a couple of attorneys ( now the Hon. Michael McHaney and Ericka Sanders) that took the time to put all the material together that was required.Along the way the state tried to charge the client with another murder from his hometown which caused the investigator to conduct an additional investigation and was able to prove that the client wasn't even in that state when the crime was committed.
After working with a dedicated appellate attorney Larry Wells the client was able to obtain a new trial after oral arguments at the post conviction appeal. The new trial then allowed our agency to put our chief investigator (Alan Profancik) on the case and to give the case a new set of eyes. After an 11 month methodical investigation the state realized that they had numerous problems with their case and elected to make an offer to our client and the thought of walking out of prison after 17 years was too good to pass up. Our client and his defense team will continue to maintain his innocence . This was a classic case of showing that persistent does pay off especially when a person has the faith. Please see news article and press release.
Wrongful Death & Personal Injury
At Kevin W. McClain Investigations, Ltd. we understand the necessity to get to the scene and gather information as soon as possible. Valuable evidence and critical witnesses who might be able to shed light on the facts have to be located, examined and interviewed. If this information isn't gathered in a timely manner it can be lost forever. The staff of Kevin W. McClain Investigations, Ltd. has over 100 years of investigative experience in the fields of personal injury and wrongful death claims. We understand what your attorney needs to help prepare your case.
CASE STUDY#1
Client was driving across a busy intersection and was hit by a semi-truck that had ran a red light. Our investigation services were retained almost immediately. Our investigators were then able to get the accident scene and document with photographs as well as video. Our investigators were also able to locate additional eye-witnesses. This information proved to be invaluable since the driver had made claims that he also had the green light. After the attorney produced several witness statements that refuted the semi-truck drivers claim, his insurance company conceded their negligence. Our client became a quadriplegic due to this accident and due to our ability to get to the scene quickly and document the scene as well locate witnesses helped his attorneys ensure that this young man would be properly compensated.
CASE STUDY#2
Client was killed in an automobile accident. The defendants were making claims that client had been driving at a high rate of speed and had been drinking. Our investigation was able to locate and interview fact witnesses who observed the defendant pull out in front of our client.
Our investigations was also able to locate and interview numerous witnesses that were involved in the treatment of the client and never detected any odor of alcohol. Our investigators also assisted the attorney with locating an expert. The expert was able to show how certain blood draws can give false positives. The attorney was able to present these facts to the defendant's attorneys and a satisfactory settlement was obtained for the surviving spouse.
Worker's Compensation
Employers, claims adjusters, third party administrators, and self insured's use our worker's compensation fraud investigation services. At Kevin W. McClain Investigations, Ltd. our staff has over 50 years of identifying fraudulent documentation of claims of injuries. Our investigations provide timely, detailed reports that accurately reflect our professional effort and surveillance results. Our investigations utilize the latest cutting-edge technology such as night vision, covert cameras, digital technology, and wireless recording equipment. Our investigations will document any activity in a non intrusive manner insuring all state and federal restrictions and rights to privacy are adhered to. Kevin W. McClain Investigations, Ltd. utilizes the most up to date databases to assure the information that is obtained prior to the surveillance is the most current available. This approach helps benefit you as it helps provide a more cost effective method of conducting the investigation. This methodical approach to conducting these type of investigations has allowed us to have the consistent success rate we have had at exposing fraud. If the need arises our investigators can testify to their factual findings in court or arbitrational proceedings.
CASE STUDY#1
Claimant alleged to have injured back at work. Our investigations documented the claimant actively engaging in the construction and building of a wooded deck. Claimant claims were subsequently dismissed therefore saving the company thousands of dollars.
CASE STUDY#2
Claimant had alleged that they had hurt wrist while at work. Our investigations utilized covert cameras and documented the claimant utilizing the alleged injured wrist to assist as they were carrying numerous boxes containing full beer bottles. Our investigators were called to the arbitration proceedings and played the covert video to the claimant's attorney who then immediately contacted the claimant and withdrew his representation.
CASE STUDY#3
Claimant was alleged to have injured their back. Our investigations were able to conduct surveillance and document numerous physical activities that outside of the claimant's restrictions. It should be noted that several other investigative agencies had attempted to conduct surveillance and were discovered by the claimant. Our investigative team utilized some different creative legal approaches to obtain the necessary video documentation that subsequently led to a reduced settlement saving the company over two-hundred thousand dollars.
Child Custody Case Studies
When issues develop that alert a concerning loved one to the health, safety, and welfare of a child than Kevin W. McClain Investigations, Ltd. can provide the answers to those unknown questions. Our staff has over 40 years of investigative experience establishing the necessary facts to assist your attorney with their representation. Our team of experienced child custody investigators can expose the issues for your attorney. We are experienced at providing detailed factually based reports and if called upon to testify to those same findings.
CASE STUDY #1
Clients were paternal grandparents of the children and were concerned that their ex-daughter-in-law was exposing the children to her boyfriend a known drug user and dealer. The judge had previously admonished the mother about having the children around her boyfriend and that she was endangering her parental rights if she was caught with her boyfriend around the children. Our team of investigators conducted several months of pain staking nights and early mornings of surveillance and was able to document and testify to the factual observations in court proceedings that the ex-daughter in law and boyfriend were observed together. The judge admonished the mother and subsequently terminated her parental rights and awarded custody to the grandparents.
CASE STUDY #2
Clients were a couple from out of state that were in the process of adopting a child from an unwed mother. During the course of the pregnancy the unwed mothers family became aware of the mothers decision to give her baby up for adoption and decided to try and fight for custody of the unborn child. Our investigative team did a thorough investigation into the background of the defendants. During the investigation our investigators were able to document numerous areas of concern for the potential environment the child would be exposed to. Our investigation documented numerous male subjects with extensive criminal histories occupying the residence of the unwed mother. We were also able to document the conditions of the residence, the lack of any phone lines or communication devices to utilize in the event of an emergency, and the lack of any mode of transportation. The location also appeared to have drug paraphernalia around the premises. The judge in the other state ruled in favor of the adoptive couple.
CASE STUDY #3
Client was concerned about the health, safety and welfare of his son. Client had just recently found out that his ex-wife had a baby after their divorce and the child was his. Client had information that his ex-wife's boyfriend was spending the night on a regular basis. Our investigative team then established the boyfriend was a registered sex offender. Our investigative established around the clock surveillance and was able to document that the boyfriend was spending the night on a regular basis at the ex-wife's home during the times the client's son was present. Our investigation also revealed several official documents and court papers that the ex-wife had misrepresented to the court. The client and attorney were poised for trial when the ex-wives attorney conceded everything our investigation had discovered. The client then agreed to accept a very favorable visitation schedule for his son.
Surveillance Case Studies
Whether it is a cheating spouse, insurance fraud, competitive business intelligence, employee theft, patent infringement, business integrity investigations or parents needing to know the team of investigators at Kevin W. McClain Investigations, Ltd. has the resources and experience to suit your specific needs. Our surveillance specialist have over 40 years experience utilizing the latest, high tech, state of the art covert surveillance systems. Our vast array of surveillance equipment ranges from 35 mm cameras, to miniature high definition digital and video body worn devices. We also utilize infra red night vision lenses and powerful zoom lenses to document the activity.
CASE STUDY # 1
Client was concerned that husband was cheating on her. Our team of investigators set up surveillance at the husband's place of employment and by utilizing covert methods was able to document the husband in numerous compromising positions with a co-worker during breaks on the overnight shift.
CASE STUDY# 2
Client was concerned about paying alimony when he believed she was living with someone else. Our team of investigators was able to conduct surveillance and establish the ex-wife was cohabitating with another man. During the course of the investigation our investigators also located several charge accounts the client wasn't aware of that was in his name going to a different post office box. The attorney was able to use our factual findings and have alimony payments ceased.
CASE STUDY # 3
Client was concerned wife was cheating on him. Our investigative team utilized covert vehicles and creative video techniques and was able to document the wife with her unknown male counterpart in numerous intimate positions. A follow-up investigation from our team led to the identity of the unknown male.
Asbestos Litigation Investigation
Asbestos Litigation is some of the most complex civil tort law currently being litigated. Our team of highly skilled professional investigators have over 20 years of investigative experience in these complex civil matters. Our investigators understand the issues involved in these types of cases. Part of the investigative team includes a former plaintiff's investigator who has been involved in numerous toxic tort litigation matters including asbestos. This unique insight gives our clients an innovative approach by offering our diversified team of investigators to your group. The team at Kevin W. McClain Investigations, Ltd. helps your group prepare its defense with a systematic investigative method. Our new component method has recently help lead to a summary judgment for the defense in Cook County, Illinois.
CASE STUDY # 1
Claimant had alleged to have contracted asbestos through our clients product. Our team of professional investigators proceeded to analyze and investigate all alleged facts of the case. During the course of the investigation our investigators discovered numerous other potential locations and products that could have caused their exposure. Our investigators were able to locate fact witnesses from over 40 years ago that assisted the defense with their theory of location and product that claimant was exposed to. A vigorous defense was prepared and presented before a Cook County judge who entered a summary judgment for the defense.
Corporate Investigative Services
Corporations have unique security and investigative needs. The following summaries are examples of how we have helped companies protect and defend assets.
CASE STUDY#1
A corporate client was in the process of selling their chain of convenience stores to a father and son investment group from another state. The client had accepted a check for $500,000.00 opened on a new account. The client had already allowed the group to take over the operations of the stores. Several weeks had passed without the check clearing. Client proceeded to contact an attorney who retained our services. Immediately our investigators conducted a comprehensive background search of the investment group. Our findings revealed that the father and son team had ran several scams in some southern states and had reestablished themselves in the Midwest. The findings were reported to the attorney and our investigators proceeded to coordinate with local law enforcement and the states attorney office to conduct a raid on the corporate offices and to apprehend the principals. Our team established around the clock surveillance to ensure that no company assets were being removed and helped coordinate the raid on the group. After the successful raid was conducted it was ascertained that the group had already been in negotiations to liquidate the entire company as soon as the client left for an extended vacation. The client was able to save his chain of stores and recover his losses from the father and son as well as testify in their criminal proceedings.
CASE STUDY #2
A financial institution had a corporate client that had filed bankruptcy. The financial institution was concerned that numerous items of equipment totaling over $100,000.00 were unaccounted for. The financial institution retained our services and we proceeded to conduct an in depth investigation into the background of the subject as well as their company. Our team of investigators discovered that the subject had disbursed different items of equipment in three different states in an attempt to hide them from his creditors. We were able to locate and recover all the equipment for the financial institution.
CASE STUDY #3
A financial institution had contacted our office to ascertain information on a potential business client that had recently applied for a business loan for several millions of dollars. The president of the financial institution had indicated that they were suspicious and wanted to have us verify the applicant's background. A comprehensive background check revealed that the applicant had three other social security numbers associated with their name as well as fourteen other civil judgments from another state. By being diligent the financial institution was able to avoid a potential costly loan.
Computer Forensics Case Studies
Computer forensics is a new discipline in computer security that focuses on finding digital evidence after a computer security incident has occurred. The general goal is to conduct an investigation and determined what happened and who was responsible for it. The staff of Kevin W. McClain Investigations, Ltd. has a computer technician that was trained through the U.S. Department of Defense. Essentially when we are involved in a computer case there are generally three phases to recovering the evidence they are (1) Acquire (2) Analyze and (3) Report. Computer analysis has been utilized by our firm in criminal matters, child custody matters as well as corporate issues.
CASE STUDY #1
Client was involved in a nasty child custody case. One of the issues was the client had retained possession of the computer. The issue was the ex-wife was constantly on the computer during the time she was caring for the child. Our forensic team was able to acquire from the father the computer. A forensic examination was able to acquire numerous explicit pictures and e-mails that the mother had sent. The defense was able to demonstrate to the court that during the time the mother should have been watching the baby she was actually on the internet. The internet communications and pictures revealed numerous disparaging comments the mother had made about the baby making her upset while she was trying to chat on the internet. The judge allowed all of our information acquired from the hard drive to be introduced as evidence. This was the first time in that county that computer recovered evidence was allowed to be introduced. Based upon the information recovered the judge was able to view all the facts of the case and awarded full custody to our client.