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Bureau of Security and Investigative Services (BSIS) Revokes License
of Private Investigator for Lying, Fixing Evidence in Court Cases
FOR IMMEDIATE RELEASE
May 19, 2004
SACRAMENTO — The Department of Consumer Affairs' Bureau of Security and Investigative Services (BSIS) has revoked the license of a Southern California Private Investigator for lying and manufacturing evidence in several court cases.
Charles R. Martin of Tustin has been ordered to surrender his license, which is revoked effective June 7. He has also been ordered to reimburse the Bureau $21,277.98 to cover the cost of its investigation.
"This action underscores the Bureau's commitment to ensuring that its licensees uphold the highest standards of honesty and professionalism," said Steven R. Giorgi, BSIS Chief.
The Bureau's action against Mr. Martin stems from his work defending a company called Fax.com, which had been the target of several lawsuits in Small Claims and Superior Court for allegedly sending unsolicited faxes. Under the federal Telephone Consumer Protection Act, it is illegal to send unsolicited advertisements to a fax machine.
Following an investigation, BSIS filed an Accusation against Mr. Martin, which was heard by Administrative Law Judge David B. Rosenman in October of 2003 in Santa Ana.
In his April 23, 2004 decision, Judge Rosenman found that Martin lied under oath or manufactured evidence in a dozen cases brought against Fax.com by other businesses.
Mr. Martin's actions in defending fax.com, the Judge wrote, "are substantially related to the qualifications, functions and duties of a private investigator and his performance of those acts included dishonesty, fraud and deceit."
The California Attorney General filed a consumer protection lawsuit against Aliso Viejo-based Fax.com last year, seeking more than $15 million in penalties and other relief and alleging the firm committed rampant violations of state and federal law in sending unsolicited advertisements via fax and prerecorded phone messages.
The Department of Consumer Affairs' Bureau of Security and Investigative Services licenses security guards, private patrol operators, private investigators, alarm company operators, repossession agencies, and locksmiths, and certifies their training facilities and instructors. For more informationabout the Department of Consumer Affairs, call our Consumer Information Center at 800-952-5210 or visit our Web site atwww.dca.ca.gov.
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