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Court Exercises Jurisdiction Over Puerto Rico Bank Search Case

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

The Florea v. Bocra lawsuit I filed in Puerto Rico, alleges that private investigators negligently conducted bank searches in Puerto Rico.  One of the sued private investigators is Nicole B. Bocra (“Bocra”) of Infinity Investigative Solutions (“Infinity”).

Another is Terry L. Gilbeau, (“Gilbeau”), who is president & manager of Checkmate Investigative Services Inc., (“Checkmate”).  Checkmate advertises at checkmatereports.com, as “asset search specialists”.  Subsequent to the alleged events outlined by the lawsuit, Gilbeau became a member of the State Bar of California; and he apparently maintains websites at gilbeaulaw.com and rocklinduiattorney.com.

As Complaint Claims Detectives Searched For Bank Accounts Via Backdoor Channels discussed, plaintiff Victoria Florea (“Florea”) wanted to determine if her ex-husband Francis Driscoll, hid assets during the couple’s divorce.  Florea therefore hired Bocra and / or Infinity to conduct bank searches in Puerto Rico and elsewhere, regarding Mr. Driscoll.

Although the Gramm-Leach-Bliley-Act requires Puerto Rico banks to protect bank account information from public disclosure, Florea’s lawsuit alleged that Bocra and Gilbeau gathered Driscoll’s purported Puerto Rico banking information through intermediaries.  The lawsuit claimed that from about January 2008 through at least May 2009, Bocra supplied this supposed banking information to Florea.

Florea too alleged that the foregoing was part of a negligent private investigation which caused her serious harm.  Bocra, Infinity, Gilbeau and Checkmate responded to the lawsuit by asserting they had not been negligent.  These defendants also sought dismissal of the lawsuit by alleging the Court in Puerto Rico lacked personal jurisdiction over them.

Gilbeau for instance, argued at his declaration dated August 28, 2012, that the work he performed in this case had nothing to do with the forum of Puerto Rico.  His declaration alleged the purported banking information originated from: “Elaine White of Canada, a private investigator who had recently been accused of fraudulently charging clients for asset searches and providing fabricated results…

At its September 5, 2013 Opinion & Order, the Court however, said it possessed personal jurisdiction over Bocra, Infinity, Gilbeau and Checkmate:

(To Read The Opinion, Click On The Image)

Copyright 2013 Fred L. Abrams