I am claiming fair use as an educational instruction as it relates to the
so-called "Professional" members of the Coalition of Forensic Examiners located
at http://wwwforensicauto.net.
You will see a cheesy arrow pointing to questions they have authored on how
to pick an expert. I am sure they did not expect I would answer these because
not are directed right at me. I have nothing to hide and my life is an open book
courtesy of these "professionals" as they call themselves.
You an see their questions are stupid, but it reflects the fact they are very
scared about the supported information on this site. These people will stop at
nothing to destroy anyone that dares question them as to how the arrived to
their conclusions in their reports. If you as insurance companies use these
experts because you have a personal liking of them that's fine, however you are
putting your company in jeopardy with possible bad faith suits if you are
relying on the conclusions in the reports by these experts. That's just my
opinion, but you will see in their questions, they can't spell and the issues
are just plain stupid and catty, something you would expect from school girls.
You also have experts appearing to interpret law and legal issues without
being a licensed attorney.
Do you really want these experts representing your company as experts?
1. Has
your expert ever stated the he has "won" or prevailed in a case
wherein the case was settled due to a business decision
on the part of the Insurance Company or both
attorney's. Does the expert take credit for settling the
case, when in fact, the decision to settle had nothing to do with
that experts opinion?
2. Does
the expert maintain a web site wherein much of the information on
the site is false, misleading and detrimental to a case?
3.
Could the information on the site cause you to
lose your case before it even goes to court?
4. If
your expert maintains a web site, have you inquired as to the nature
of the site and the information on the site?
5. Have you
reviewed the site in its entirety?
6. Is the
expert impartial and willing to render an unbiased opinion based on
the facts, or does it appear that he or she is an advocate with a
hidden agenda?
7.Has your expert
maintained his certificates of compliance with coporate tax laws and
licenses necessary to carry on business in full compliance with all
local, state and federal law?
8.Is your expert
really a member of the professional organizations he claims to be a
member of?
9.Are any of the
organizations your expert claims to be a member of been formed by
the same expert?
10.Has the alleged
expert ever declared bankruptcy?
11.Does your expert
have a current errors and omissions insurance policy, if yes can he
provide a current and valid certificate of insurance for said
policy?
12.has the expert
ever been arrested?
13.Has the expert
ever been convicted of any crime?
14.Has the expert
ever been disqualified by a judge for any reason?
15.Has the expert
ever been accused by a judge of being misleading and not credible in
any testimony he or she has given?
16.Has the expert
ever publicly criticized other experts or insurance companies where
a judge ruled that he has or had a personal vendetta against another
expert or insurance company?
17.Does your expert
really have the expertise he claims to have?
18.what kind of
formal or apprenticeship training has the expert received as a
locksmith or in any security related field? What kind of Forensic
training has the expert received?
19.Has the expert
ever been fired or terminated from a case by the attorney who hired
him? If so, Why?
20.Has your expert
ever committed perjury?
21.Are there any
depositions or trial testimony where the experts testimony was
evaluated by a judge to be "suspect".
22.Has the experts
qualifications and backround ever been criticized by a judge?
23.Are there any
depositions or court transcripts involving the expert which could
prove embarrassing and possibly ruin any credibility the case may
have?
24.Has the expert
ever taken a case against one of his own clients?
25.Always determine
whether your expert advocates forced removal of the ignition lock
cylinder by breaking or damaging the steering column in any way.
26.Don't be afraid to
ask your expert; Do you now, or have you ever stated that it is ok
to damage the steering column when removing the ignition lock
cylinder, because the steering coulmn holds no evidentiary value?
Has your expert ever stated the he has "won"
or prevailed in a case wherein the case was settled due to a business
decision on the part of the Insurance Company or both
attorney's. Does the expert take credit for settling the case, when in fact,
the decision to settle had nothing to do with that experts opinion?
As you will see on other pages on this site,
client attorneys say quite the
contrary. This is just their way of putting me down and an attempt to
diminish my capabilities. Besides, there is nothing on this site that states I
have anything to do with the settlement action. I am not the attorney. I only
reveal the shortcomings in the other side's position as it relates to the
opinion about the vehicle. Like the wording in these expert's reports, they
change it as they go.
Now, the boys because of fear of being
exposed, make reference that there are false and misleading statements on this
site. Here is their question:
Does
the expert maintain a web site wherein much of the information on the site is
false, misleading and detrimental to a case?
There are no false or misleading statements on
this site!
Could the information on the site cause you to
lose your case before it even goes to court?
There is nothing on this site that could cause a
potential client attorney to lose the case--Remember--the expert has no role in
the outcome of the case as per question.
If your expert maintains a web site, have you
inquired as to the nature of the site and the information on the site?
Please inquire on the information by contacting
me at robo14@aol.com. There may be a nominal
fee for copies and locating certain files, however, I have just about anything
you would care to see. Reports, depositions, trial transcripts, everything you
want to know about the bogus (in my opinion) key pathway process and more! As
you see so far, everything is substantiated on this site and can be proven not
with preponderance, but clear and convincing for a standard.
Have you reviewed the site in its entirety?
Please do. There is a lot of information
here.
Is the expert impartial and willing to render
an unbiased opinion based on the facts, or does it appear that he or she is an
advocate with a hidden agenda? This question is very interesting. Let's
see--I work for anyone whether it is insurance companies, insurance defense,
prosecution, criminal defense. In other words, anyone seeking the truth. Most of
the charter members from
http://www.forensicauto.net only work for insurance companies and law
enforcement. Who is biased? Their "unbiased scientific" conclusions let one know
who is paying them. Funny how 99% of the reports I have reviewed from these
members all favor their client, sometimes with little or no evidence at all!
Has your expert maintained his certificates of
compliance with corporate tax laws and licenses necessary to carry on business in
full compliance with all local, state and federal law?
I have no problems with this and can't believe
they would put this question up. One of their charter members Tom Seroogy when
working under the defunct Kentucky corporation T.G. Seroogy LLC moved to
California, he never made a foreign filing violating California law for at least
2 years.
Is your expert really a member of the
professional organizations he claims to be a member of?
This is an interesting situation and yes, it is
an attack on me of course. I found being a member of one so-called
"professional" association was a detriment to me because I was illegally kicked
out of it (IAIL) International Association of Investigative Locksmiths-http://www.iail.org
in which the members were the same members of
http://www.forensicauto.net. These
boys I have commonly successfully opposed in court maters, because they could
not back up their conclusions, as well as having seriously flawed methodology.
Their opinions are allegedly beyond question and this gives me an idea for more
pages on my sites. I will be placing their reports up on this site in their
entirety on closed cases and reveal the very real problems they have in
supporting their conclusions. As much as they would like to complicate this
profession with smoke and mirrors, in reality, a 10-year old could do a better
job on examining reported stolen vehicles as to how they were last operated
using common sense.
Are any of the organizations your expert
claims to be a member of been formed by the same expert?
Yes, its me. I admit it! I formed an organization
the International Association of Forensic Auto Theft Examiners Inc. The purpose
was to examine much farther than the locks and to establish real standards in
the industry. I am stepping down from president and will be passing it on to
another.
Has the alleged expert ever declared
bankruptcy? If you notice, I am referred
to as an alleged expert to put me down? They do this because I make them
look real stupid to their client and in court matters. Hey, I was not the one
that reached the conclusions they did! As for the bankruptcy, it was a personal
bankruptcy, not my corporation. This was courtesy of their libel and slander
throughout the insurance industry. My personal financial business should be
private, but the boys will not let it go. Kind of makes them look very childish,
but proves a very valid point. It proves they cannot excel above me in
training, background, experience and methodology, so all they can do is go
personal. This reflects how little these men are and how scared they are of me.
As for their insurance clients, if I were them, I would be looking real hard at
these attacks on me and how it reflects on their character. In business, I
certainly would not want such shallow people representing me, especially if
serving as an expert witness. One has to ask,; if they are misleading on their
questions on their site; what else do they misrepresent? Could it be that their
reports simply are not accurate in their methodology or conclusions?
Insurance companies look at auto theft denials
in numbers. If they deny 100% and only 5% contest the denial, they are ahead.
What if you had a good reputation? What if you could deny the claims you could
prove fraud in and pay the ones you can't prove. This would help your bottom
line and save needless litigation and bad faith monies. The choice is yours.
Either use the boys or someone like me that doesn't care who the conclusion in a
report on a reported stolen vehicle favors. When looking for fraud in a claim,
sometimes you need to look past the trees and look at all issues surrounding the
claim. If one of these "legitimate forensic examiners" as they call themselves,
examined the vehicle as to how it was last operated, and you really care about
the truth, question the report! Can the examiner prove with clear and convincing
evidence (new standard starting to be used in our court systems over
preponderance) his statements in his report? If he states the transponder
equipped vehicle was last operated with a key of the proper type: Mr. Expert,
you make this statement, and I only have a couple of questions; (1) Can you
prove how many keys were programmed to operate the vehicle? (2) Can you prove
that the transponder system was functioning at the time of the theft?
Now, if dealing with a total burn, ask the
same questions!!! Otherwise, you as an insurance defense attorney or a SIU is
going to look real stupid in court. Why do you think (in my opinion) these
inept, incompetent bozos claiming to give expert opinion as to how a reported
stolen vehicle was last operated attack me?
Does your expert have a current errors and
omissions insurance policy, if yes can he provide a current and valid
certificate of insurance for said policy?
Funny how you mention this. I hope yours is paid up boys.
has the expert ever been arrested?
Ok, you got me! Speeding ticket in 2002 and 2003.
I am again surprised you boys would put such a question up since one of your
charter members is a convicted drug dealer that serves as an expert for
insurance companies such as Allstate in NJ,PA,NY.
Has the expert ever been convicted of any
crime? See above.
Has the expert ever been disqualified by a
judge for any reason? Salazar v.
farmers listed on this site. This is locksmiths/experts trying to practice law
without a license by interpreting the transcript in a trial I never appeared in.
The next time this issue is brought up by an opposing attorney as a true fact in
a motion, deposition or trial, he/she be prepared to be sued. Not a threat. A
promise!
Has the expert ever been accused by a judge of
being misleading and not credible in any testimony he or she has given?
I am not aware of anything like this
recently, however I do not always read the transcripts of every trial I am
involved in and it could have been like the Salazar case, one I never appeared
in.
Has the expert ever publicly criticized other
experts or insurance companies where a judge ruled that he has or had a personal
vendetta against another expert or insurance company?
This goes back to my very first deposition 10
years ago in a trial I never appeared in. Being new into this at the time, I was
a a little rougher on the opposing expert. It was not a vendetta. It was because
of my extreme passion for what I do and at that time, I was learning as to the
meaning of words in a court situation. Funny, 10 years later I still have the
same passion and now I have every bit of proof that this particular expert did
in fact in my opinion sham the court system and the public all this time. The
neat thing is that they are not my words, not my sales information, not my
endorsements. They are his words and his documentation.
I will be building a complete website just on
this subject of last key used!
Does your expert really have the expertise he
claims to have? I do. My background as an
auto technician spans over 30 years. of those years in the direct repair
of over 10,000 theft recoveries v. locksmiths, ex-cops and a felon. Hmm... who
would I pick for an expert to testify on auto theft and fraud?
what kind of formal or apprenticeship
training has the expert received as a locksmith or in any security related
field? What kind of Forensic training has the expert received? What has
locksmithing or being an ex-cop or felon drug dealer got to do with methods of
auto theft? Obviously, these people do not have a clue as to the definition of
"forensic." Its "for the courts or to debate." As for forensic training in this
field. The coalition members appear to be the ones offering forensic training
that fits their agenda. In fact, Mr. Mangine on his "expert" page speaks of the
use of science. The problem here is that I feel these experts re misguided. In
our field, the scientific method should be used. It is also accepted as a
standard in the fire investigation field. The elimination of all known
hypotheses until one fits. This is not rocket science. Its common sense!
Although the coalition members make it appear determining the last operation of
a reported stolen vehicle is very complicated so they can keep all the work away
from anyone breaking into this line of work.
Smoke and mirrors are commonly used to awe the reader of the
report to make the reader believe that the conclusions were reached in a
scientific manner. Then when opposed and the opposing attorney has been supplied
with the right questions, we see that they can't prove most their conclusions
that appeared to be scientific.
Has the expert ever been fired or terminated
from a case by the attorney who hired him? If so, Why?
Yes, it happened in a 2-for. I was illegally
kicked out of IAIL on Sat afternoon proceeding my testimony Monday morning where
the DA appears to have conspired with IAIL because even in the transcript, it
was shown he knew about this before I did. (transcript excerpts on this site). I
do not know why I was terminated, the answer was not given, however I assume it
goes back to another case that was going on at the same time in NJ in which the
expert was asked three simple questions. He deflected by writing a 15 page
personal attack on me in which I responded (on this site-29 pages) which was a
total waste of the court's time. When it was presented in the NJ case I had been
kicked out of IAIL illegally by the New Jersey IAIL member, I believe that was
the reason for my termination without asking me about this issue.
In my opinion these "experts" take the fact I
oppose them personally and yet, true professionals would not look at it this
way. With these questions, I would be willing to bet I would not address them,
but it shows they are imploding. They can't stop me from revealing everything
about them. My life is an open book. I don't have any skeletons. The boys have
managed to air for years anything in my personal background in an effort to
crush their opposition. They even attempted to have me up on federal charges
accusing me not by name (law states if a person living or dead can be
identified) but with constant inference on their website.
I have stated to insurance companies to keep
using these guys because that is how I can make money. The problem really is
that innocent insured's are paying the price, not only financially, but
emotionally as well. I have walked in their shoes and it is not fun.
We need to look at the experts we use as to
their character. If they are willing to misrepresent the wording in their
reports, what else will they misrepresent? Insanity is defined as performing the
same process continuously and expecting different results. Such is the case with
the coalition members and their reports. Basically, almost always the same
factually unsupported conclusions, with the same results when they are opposed.
Has your expert ever committed perjury?
I have never been charged or convicted of such a
crime. Believe me, if there was anyone that has had at least 19 of his
depositions scrutinized (The State Farm insurance defense attorney Jack Kramer
had 18 of them in Klajajic v. State Farm) deposition against me, they would have
found something. The best thing they could do is try to show I had a clandestine
laboratory in Townsend, WI. Interesting because this was the second "anonymous"
letter contents sent to the federal bankruptcy court. I know the bankruptcy
court did not check on this because the address of this location was disclosed
in the filing. This letter came from an outside source such as the members of
the coalition? Yes, insurance people, you may have a personal liking for these
individuals, but their questions reveal how catty they are. All this reflects
just how unprofessional these people re and remember, they are representing
you!!!
Are there any depositions or trial testimony
where the experts testimony was evaluated by a judge to be "suspect".
I am not aware of any such finding, however I
have no idea how lawyers have twisted and turned things around. I have no way of
knowing if this is just some expert's legal interpretation of something while
practicing law without a license.
Has the experts qualifications and background
ever been criticized by a judge?
Same answer as previous question.
Are there any depositions or court transcripts
involving the expert which could prove embarrassing and possibly ruin
any credibility the case may have?
Not that I am aware of as they relate to me however, this may hold very true for
the coalition experts. You will be the judge as these items are placed on this
site.
Has the expert ever taken a case against one
of his own clients? This goes back
to the definition of client. Coalition members appear to think if they work for
one insurance company in the same state, they will not take a case against the
insurance company. That is just plain stupid, but it justifies their answer as
to why they won't work for a plaintiff attorney. That statement also enforces
the fact that the coalition members are good ole' boys. They will not take work
against insurance companies. So much for being unbiased!
Each claim/case is intrinsic. The expert
cannot work for both sides in one case because it is a conflict. I have done
lots of work for Farmers for an example. I have also opposed them when their
expert could not support his conclusions. I just use that for an example. How is
this opposing your clients? Case by case!!!
Always determine whether your expert advocates
forced removal of the ignition lock cylinder by breaking or damaging the
steering column in any way. This
goes back to being a locksmith and removing the lock cylinder by inserting a
key. Well, its been constantly proven in court that by inserting the key into
the ignition lock--it is altered by the examiner. Even the mentor of these guys
in the coalition promoting his last key used process states in his publication
"Never insert a key because it will destroy evidence." The reason in my opinion
that many of these experts insert a key into the lock is just to check the
function of the lock. Commonly, they don't even retain this evidence for
safekeeping and to testify on (its too much work). Then they scream and complain
when questioned why not?
Forced removal of the ignition lock may be
costly, but it preserves the evidentiary value of the ignition lock keyway. One
of these coalition members has never removed in the cases I have
opposed him in except for one. Why was that? There was a key broken off in the
ignition lock and it could be rotated with the retainer button pushed and the
lock came right out. Otherwise, he jams a key in every lock and for what he does
for an examination, anyone could do and if they just called them self "Forensic"
their conclusion would have the same meaning!
Don't be afraid to ask your expert; Do
you now, or have you ever stated that it is ok to damage the steering column
when removing the ignition lock cylinder, because the steering column holds no
evidentiary value? It all depends on the
make and model of vehicle. In many cases, the steering column does not have the
evidence needed to determine how the vehicle was last operated. If we are
talking about an older GM Saginaw column in which the left side of the steering
column was broken to access the steering column locking mechanisms, of course
the steering column is important. However, in such a case, examination of the
ignition lock cylinder or last key used is bogus!!! Of course, in this case, the
experience as a locksmith or a ex-cop is really kind of moot!
As you should know by now, I have no problem naming names. One of the gentlemen
that has gone out of his way in an attempt to trash my credibility who runs the
website of http://www.arcforensics.com
is Herbert T. Miller. Although somewhat difficult to read
this article is from the Indiana Lawyer who is a reporting firm that reports
on case dispositions. I have a number of these articles that address Mr.
Miller's problems with his conclusions. In this case, the case went backwards on
Mr. Miller's side for $2.75 million dollars. The judge inferred that he was a
highly paid expert and called his testimony "unbelievable."
