Monday, January 9, 2012

Security Issues for International Process Servers

Provided by Process Service Network, LLC
www.processnet1.com


Process serving in the United States is typically routine and without danger.  However, in most parts of the world it can be quite dangerous – not as a result of the direct encounter with the person you are serving but with persons or groups who have a political or financial motive in harming you.



That is one of the reasons that international service of process is so expensive; the need for bodyguards to accompany the process server.



Here are some tips to keep the possibility of kidnapping or harm at a minimum:



Passive Kidnap Avoidance

1)    Avoid advertising your American ties

a)    If you have dual citizenship, use your non-U.S. passport in lieu of your U.S. passport whenever possible.

i)     Checking into hotels

ii)    Registering for events

b)    In conversation with unfamiliar persons, it is better to refer to yourself as a citizen of another country (except Israel) than of the U.S.

2)    Try to blend in

a)    Observe how the locals dress

i)     To the extent feasible, mimic

3)    Avoid sharing information

a)    Do not share information regarding your upcoming activities, times or places

i)     Out load among members of you group

ii)    In idle conversation with taxi drivers and hotel staff

iii)   Documents left in hotel

iv)   Assume your hotel room and phone are bugged

v)    Keep laptops and IPads with Bios-level password and Windows-level password

(1)  Consider using  Windows 7 Bitlocker

(a)  Can be configured to encrypt your entire hard drive without an on-board encryption chip

(b)  http://www.howtogeek.com/howto/6229/how-to-use-bitlocker-on-drives-without-tpm

vi)   Keep information on your itinerary and schedule under your control

(1)  Consider using disinformation

(a)  If asked, share the wrong information

(i)   (You can always later say that you made a mistake)

(b)  Leak the wrong information

(c)  Avoid predictability

(i)   Vary routines, routes, times, modes of transportation

(ii)  Exit and enter hotel via different entrances

(iii) Change up meal times

(iv) Use different taxi drivers

1.    Ask hotel which cab companies are reliable

(d)  When ordering a cab, you do not have to give the exact location of your destination to the hotel staff

(i)   You can always "change your  mind" when you get into the cab

(e)  When being dropped off by a cab, consider getting out before or after your true destination and walking a block

(i)   Deny potential kidnappers information regarding your whereabouts

4)    Avoid American or expat hang-outs

a)    McDonald's Hooters, Irish pubs, locations frequented by foreigners in that country



Active Kidnap Prevention & Detection

1)    Best time to escape is at the moment of the kidnapping, when kidnappers are off balance

2)    The longer you are under the kidnappers control, the lower your chances of escape

3)    Best methods to handle a kidnapper's roadblock

a)    Spot it early and turn around

b)    If caught by surprise, drive up to the roadblock, act as if cooperating, and accelerate through the roadblock when your car is approached

i)     Key to successfully running a roadblock is to strike the blocking vehicle at the end that does NOT have the engine

(1)  Vehicles with engines in front, strike at the extreme rear end so that the car pivots on front tires

(2)  Vehicles with engines in back(such as a VW bug), strike at the extreme front end to that car pivots on rear tires.

4)    Do not allow your vehicle to be boxed in

a)    Leave maneuvering room with car in front of you at stop lights

b)    Middle of three lanes is worst location

c)    At each stop, always think where your escape route would be if you felt you were about to b hijacked

5)    Surveillance detection

a)    On foot, surveillants usually work in teams and rotate positions

i)     Person directly behind you at a distance; on opposite side of street diagonally back from you; paralleling you; out in front of you

b)    Surveillants change articles of clothing (hats, coats, etc.)

i)     Focus on something difficult to change quickly (face, shoes, and pants)

ii)    Employ channeling and reverses, illogical flows, both on foot and in vehicles

(1)  It's OK to use such aggressive techniques that let surveillants know you are on to them

(2)  The harder the target you are, the more likely they will select a softer, less savvy target



Street Crime

1)    Photocopy all your ID's and credit cards, front and back, before traveling

a)    Leave copies with a trusted person in the U.S.

i)     This helps facilitate the rapid reporting of theft

b)    Carry a copy of your passport (not the original) on your person

c)    Keep your passport in the hotel safe

d)    Be aware that when you pull out money, someone may be watching you

i)     Use two hands in different pockets

ii)    Shield from view when withdrawing money from pockets

iii)   Be discreet

iv)   Change where you keep your funds

2)    Only carry on your person what you need and are willing to lose to pick-pockets or muggers

a)    If you have three credit cards, take just one with you on the streets

b)    Always have some "throw away" money to give up if assaulted

i)     Disperse your money in different places on your person

(1)  Shoes, money belt, shirt and pants pocket

(2)  Visa cards are widely accepted, followed by Master Card; Discover card and American Express are not widely accepted

ii)    In a mugging/hold-up, do not fight back

(1)  Stay calm

(2)  Give up your "throw away" money

(a)  thieves, pick=pockets and muggers often work in teams, with some members some members ready to be called into action if things go wrong



Hotel, Restaurant & Event Location Selection

1)    The best locations have multiple entrances and exits

a)    Makes surveillance more complicated

b)    Safer to have your team grouped on same floor in contiguous rooms to monitor each other's security status

2)    When dining in restaurants, identify the exits

a)    Position yourself so that you can monitor the front door and see trouble coming

b)    If trouble comes in one door, leave immediately by another door



Securing Personal Property

1)    When traveling, zip ties and Jocks are handy, but not a guarantee of security

a)    If locks cannot be used on suitcases, using Saran wrap and/or zip ties adds another level of security

2)    When checked into your hotel, zip ties can be used to add level of security and provide visual clue of tampering

a)    Do not trust hotel staff

b)    Use in-room safe for laptops and IPads you do not carry with you and for any valuables left behind

3)    When on the street, if carrying laptop, better to use bag that does not telegraph th contents

a)    Briefcase better than laptop carrying case for example

4)    Credit card cloning

a)    Report to credit card company your itinerary before you leave the U.S.

b)    Credit cards are often cloned at restaurants when the card is removed from your sight

i)     Keep your eye on your credit card at all times

(1)  Watch the waiter if your card is processed away from your table



Copyright 2011 – Process Service Network, LLC

All rights reserved 

Tuesday, January 3, 2012

The 3 Toughest Process Services I Ever Made


Most people think of process serving as dangerous, clandestine, and done in an unscrupulous manner as typically depicted in the movies.  In general, nothing could be further from the truth.  It is, if done right, quite easy and non-threatening to both the person being served and the process server.

After 33 years as a process server, I have seen it all.  From serving top celebrities to heads-of-state, I have “enjoyed” some pretty interesting service assignments.  Not all were simple and some were quite dangerous – each of them were rewarding after being completed.

Service of process on celebrities is an interesting procedure since most of them are difficult to serve.  They often have employees and security personnel who shield them from the public.  I have served Michael Jackson, Germaine Jackson, Wolfgang Puck, Eric Estrada (Chips), Brittany Spears, Dean Martin, Jackie Mason, and other lesser-knowns.

Serving celebrities is nothing compared to having to serve a head-of-state or other high profile individual.  I have served, or had served, Muammar Gaddafi, former ruler of Libya, Sheik Issa bin Zayed al Nahyan, brother of the Crown Prince of UAE , Khalia bin Laden, brother of Osama bin Laden, Imelda Marcos, former President of The Philippines.  Some were extremely difficult while others were quite easy.

Tough Service #1:

Of the 3 toughest services I have ever completed, serving the Sheik Issa had the most potential danger.  In 2009, I was contracted to serve the Sheik at his office in Dubai.  I was paid handsomely, including first-class airfare and luxury hotel, to complete the service.  I left Los Angeles on Monday evening and returned home on Friday morning of the same week – a trip around the world in 4 days!

It was an interesting case, to say the least, and involved the alleged murder of a servant of the Sheik which was caught on video.  The Sheik’s assistant misplaced the video and was thought to have sold it or concealed it for future use against the Sheik.  He was imprisoned, tortured, and eventually escaped using his contacts within the government.  He made his way back to the U.S. and filed a civil suit against the Sheik for 4 billion dollars.  The lawsuit had to be served and I was fortunate, or maybe not so, to receive the assignment.

I was given the business address of the Sheik, and after a good night sleep in Dubai, I took a taxi to the address which was located in one of the numerous high-rise office buildings along Sheik Zayed Road.  My driver waited out front while I went inside to make the service.  The only problem was the Sheik had moved his office.  Later in the day I found the new address and took a second taxi to the location.  Unfortunately, my driver would not wait and left me there to fend for myself in getting back to the hotel.

I knew that the Sheik’s newest project was building a new city-within-a-city in Dubai.  It was to include residential units, stores and office buildings – a self-contained city.  When I went inside the offices, I observed a model of the proposed city and pretended to be intently interested.  A pleasant male employee came over to greet me and asked if he could assist.  I said, without hesitation, “Yes, I’m here to see Sheik Issa.” The worst possible reply was immediate, “I’m sorry but the Sheik is out of town and will not return until early next week. Did you have an appointment?”  My heart dropped! My flight back to the states was scheduled for that evening and I could not wait until some unknown date without an assurance that I would actually be able to meet with the Sheik.  I made an instant decision to complete the assignment by substituted service.

I was invited into a private office where the employee, the Sheik’s assistant, gave me his business card.  We discussed the pending urban development project and I found the right time to change the subject and advise him that, although I was there to investigate the possibility of opening a business in the complex, I had also been given legal documents directed to the Sheik.  He politely accepted them, looked them over and returned to the subject of future business involving the commercial project.  After our discussions concluded, I left and walked down the street in desperate search of a taxi.  Several sped by, most were empty, and I became increasingly concerned that employees of the Sheik would come out of the building and do who knows what.  Even worse was the sudden fear of government officials being called to arrest me.  After several minutes of anxiety, a taxi stopped and took me back to the hotel.

There were no incidents following the service although when I arrived at the airport, I was concerned that somehow my identity had been discovered and that I may not make it out of the country.  I arrived home just 4 short days after beginning the trip and all ended well – except the civil suit was eventually dismissed.  I had done my job.

Less than a month later, an article appeared in the New York Times describing the case and the attorney for the plaintiff, who had hired me, said “Tucker has balls of steel.”  I took that as a compliment.

Tough Service #2:

Brothers Michael and Jermaine Jackson were being served with a civil lawsuit.  Another process server had tried on numerous occasions to serve them and even used a stake-out for several days – all with no success.  I was eventually hired based on a recommendation from one of my clients.

I had served Germaine previously in a divorce case and knew that I could sub-serve his agent.  However, my client insisted on personal service so I quoted a rate accordingly.  During the afternoon and evening hours, it was common for one of two limousines to leave and return to the gated house.  The problem was you could not see through the tinted glass to know who was inside.

When all else failed, I went to the neighbor next door and showed my badge and advised that I was attempting service on the Jackson brothers.  The neighbor did not get along well with the Jacksons due to the late night noise at the residence that often caused problems.  She gave me details as to which vehicle was used by each brother and the days and times they typically left the compound.

I waited outside the gate and when it opened, I immediately walked inside the compound and approached the driver of the limo with my badge out.  He rolled down the window and I advised him that I had legal documents for Michael and Jermaine. He motioned for me to go towards the rear of the car and when the window came down, there were both of the brothers.  Jermaine took the documents but Michael kept looking away through the passenger side window. There was no question as to who the world-famous celebrity was!

Tough Service #3:

In the early 2000’s, Britney Spears was a hot entertainer.  She lived in a gated complex in the Hollywood Hills with no intercom at the entrance.  She, too, used a limo to leave and return to the house.

I went to her website and found that she was scheduled to perform at a free mid-day concert at the Nokia Theater in Hollywood. I arrived 2 hours before and security was tight. I maintained a low profile, waiting for the opportunity to catch her as she was coming to the stage.  It soon became evident that service would not be possible with so much law enforcement and private security present.

Using my best judgment and assessment of the situation, I developed a plan. I waiting until just before she was coming to the stage and paid a young man $20.00 to advise the security chief that a man on the other side of the crowd was planning on serving Britney with legal documents when she came on-stage.  All of the security personnel quickly rushed to that area and I was free to hand her the service documents when she came through the walkway….and, I did!  She smiled as she thought she was signing an autograph as I told her what the documents actually were.  Job done!
Process serving is always interesting, but rarely dangerous, if you know how to think on your feet and outsmart the person you are serving.