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Complaint Claims Detectives Searched For Bank Accounts Via Backdoor Channels

Posted in Asset Search/Fraud Investigation, Bank Search, Divorce & Child Support, Financial Institutions, Privacy Laws

On behalf of plaintiff Victoria Florea, I filed the August 7, 2012 civil complaint with its supporting exhibits in Florea v. Bocra, et. al., United States District Court for the District of Puerto Rico, Index No. 12-cv-01642.  The August 7th complaint basically asserts that plaintiff Florea wanted to detect whether her ex-husband Francis Driscoll, hid assets in Puerto Rico and other places during the couple’s Massachusetts divorce.

Plaintiff Florea therefore hired Virginia private detective Nicole B. Bocra and her company, Infinity Investigative Solutions (collectively referred to as “Bocra”).  Even though the Gramm-Leach-Bliley Act at 15 U.S.C. § 6801 (a) & (b)(1) requires financial institutions in Puerto Rico to keep bank account information safe from unauthorized disclosure, Bocra allegedly offered to perform a Puerto Rico “bank signatory” search.

The complaint alleges that  the purpose of this search was to determine whether Mr. Driscoll was a signatory on any Puerto Rico bank accounts.  The complaint too claims the signatory search was carried out by Bocra, Checkmate Investigative Services, Inc. and Checkmate’s proprietor, Rocklin California private investigator Terry L. Gilbeau.

At a May 23, 2013 court filing, plaintiff Florea additionally alleged that a December 5, 2007 e-mail discusses the signatory searches:

(Click On The Image To Enlarge / View The Entire E-Mail) 

The e-mail claims the searches involved two phases and two teams of investigators.  It states that the first team was going to analyze “database information of funds transfers to and from the jurisdiction in question”.   According to the e-mail, the second team would then “attempt to make contact with the financial institutions and confirm the information developed in the first phase.”

Furthermore, the complaint alleges that Bocra, Checkmate Investigative Services, Inc. and Mr. Gilbeau utilized a Puerto Rico investigator and other intermediaries as backdoor channels, to collect Mr. Driscoll’s purported bank account information.

The complaint also claims that Bocra, Checkmate Investigative Services, Inc. and Terry L. Gilbeau acted negligently and “they should have known that collecting Driscoll’s purported bank account information from these intermediaries created the high risk that this information would be spurious or stolen from the Puerto Rico and other financial institutions”.

In response to the complaint, Bocra, Checkmate Investigative Services, Inc. and Mr. Gilbeau filed answers denying the above-mentioned allegations at the complaint; and they too moved for dismissal of the complaint.  These answers and dismissal motions are available below:

Copyright 2013 Fred L. Abrams