Wednesday 27 March 2019

After cleaning the house ... they also cleaned money

You don’t have time for anything so you're thinking of hiring a cleaning lady to have your house always perfect. Even when you're not there? Do you have too many weeds in the garden but you do not know how to deal with the matter, so you want a gardener? Well, be careful. This article is for you. Let's not forget that nobody is equal to anyone and of course there are good and professional people. We are not trying to put everyone in the same bag. However, in recent years there have been many reports of robberies carried out by both cleaning employees and gardeners.

Everyone knows that women love jewelry. Some of them more than others obviously. And for some women, the idea of using them is not enough, so they also need to steal them. And what is the easiest way to do it? To work for people who have a lot of that.

Some examples in the media refer cases where the stolen amounts are exorbitant. A cleaning lady, alleged author of four crimes in homes where she worked, had stolen more than 20,000 euros in jewelry. Another one, with the help of her son, stole more than 8,500 euros, also in jewelry. Even with help, she was not the luckiest one, since another cleaning lady took advantage of her condition as cleaner to, together with her son, steal more than 40,000 euros in three properties. It is almost the perfect crime. There are no signs of violence and the access to the house is not forced, but sums of money disappear just because you trust the wrong people.

Many times the employees are treated as one of the family and the owners have total confidence in them, being left alone at home when they are working, having access to all the house divisions without any supervision, allowing contact to the goods that are later seized.

In addition to the cleaning employees, gardeners are also news in social communication for the worst reasons, since many of them take advantage of their work to commit the crimes. Some, even access the properties with their residents inside them. Others disguise themselves as gardeners only to watch the houses and thus choose which to steal later. There are also some kind of gardeners who forget the plants they have to take care of, because they are too focused on the neighbor's home, controlling the movements of the victims to decide the best time to act.

So, to prevent theft by domestic workers (cleaning employees or gardeners) or try to prove if they are really guilty without accusing them unfairly, one of the solutions is to require the help of private detectives. These professionals can provide evidence to discover the culprit, even in cases that employees tend to commit the crime when nobody is watching. The detective can find out when the employee executes the theft by handling hidden cameras, for example.

*With this article, we do not want to generalize, we talk about the experience in our sector and the high number of cases that we have found.

Sindia Alves and A. Oliver
Anthropologist and Detective
of Oliver Detectives

Wednesday 20 March 2019

The Russian doll of leases

Nowadays, due to the economic difficulties of many tenants, a large number of subleases of previously rented homes is being observed. But it is important to know if this is a legal practice in Spain. The truth is that in order to be legal, a very important requirement need to be fulfilled, obtain the written consent from the owner. Yet, this consent can be fixed initially or a posteriori. The Urban Rental Law (LAU) only covers partial sublease, but without specifying the degree of surface that can be sublet.

The properties can only be sublet partially and with the prior written consent of the landlord.

Thus, there are two different contracts, a first between the landlord and the tenant and a second between the tenant and a third person. We cannot forget that if the owner does not give his consent, the sublease contract is not valid and then he has the right to revoke the main contract.

However, if allowed, there are some prohibitions in subleases:
The cost of the new rent can never be higher than the rent the landlord is paying to the owner;
A commercial or industrial place or even garage cannot be rented as a home;
The tenant can't rent the house without living in there.

In summary, the most common situations of illegal subleasing are:
Non-consensual subleases carried out under express interdiction and with no knowledge of the owner;
The tenant who doesn’t live in the rented house and who profits by re-renting the rooms of the residence, earning a global income higher than what he pay to the owner;
The realization of works in the rented house to make it win more rooms.

In this type of case it is important the work of a private detective, who will be able to investigate these subleases and get evidence that exposes the situation. Their services allow knowing who is really living in the property, also finding out if it is used correctly. One of the functions of private detectives is to provide evidence of improper subletting to be possible to require financial compensation for the misuse of the residence.

Another situation that is even more significant and that should be referred is the illegal rental of tourist apartments, which is a strongly condemned infraction and where the owner of the domicile is considered responsible. That is why it is important to know how the tenant is using the house. As such, a private detective is essential to ensure that the property has an appropriate use at all times.

Sindia Alves and A. Oliver
Anthropologist and Detective
of Oliver Detectives

Wednesday 13 March 2019

If you only know half a secret, you can’t tell the whole truth

Today, on March 13, 2019, Law 1/2019 of February 20, on Business Secrets, comes into force. In Spain, it is the first legislation that is dedicated entirely and specifically to regulate the secrets of companies.

This Law creates a legal security framework that preserves both the confidentiality and the innovation of the projects of a certain company. In addition, it provides a clear description of the concept of business secrecy and the various protocols that exist to identify and protect it.

As it is evidenced in the aforementioned law, a business secret is "any information or knowledge, including technological, scientific, industrial, commercial, organizational or financial, that meets the following conditions:

a) Be a secret, in the sense that, as a whole or in the precise configuration and assembly of its components, it is not generally known by people belonging to the circles in which the type of information or knowledge in question is normally used, nor easily accessible to them;
b) A business value, whether real or potential, precisely because it is secret, and
c) Have been subject to reasonable measures on the part of the holder to keep it secret. "

In this sense it is essential that companies invest an additional effort in information and especially in the training of their workers. Everyone must understand that they are in front of a business secret and the consequences that exist at the time of its disclosure. The truth is that consciously or unconsciously, most secrecy leakage occurs by employees.

With the entry into force of the law, it is possible that companies need to apply new complementary measures such as the implementation of confidentiality contracts, or the impediment that a single worker has access to all the information of a particular process or project, that allows him to reproduce it outside the company. It is important that the information is shared among several people, mainly in the biotechnological and pharmaceutical sectors since they are the ones that are more armored by this legislation.

Spain thus becomes a European benchmark by be one of the few countries to have a law that regulates business secrecy. The most important novelty is related to the behaviors that constitute a violation of said secret. In addition, it makes clear in which situations it is considered lawful to obtain, use and disclose business secrets.

Sindia Alves and A. Oliver
Anthropologist and Detective
of Oliver Detectives

Wednesday 6 March 2019

A real chameleon, that's the detective woman

The word "detective" takes us immediately to the world of fantasy where the classic and mythical male hero stands out. However, black novels about detectives have long ceased to have only male characters like Hercules Poirot or Sherlock Holmes. Our eternal Miss Marple, a detective created by Agatha Christie, attentive, curious, observant and lover of mysteries with enormous analytical capacity, already refers us to the female presence in a universe practically dominated by men.

One of the first real cases that still remain a legend is the case of Mata Hari, whose real name is Margarita Zelle, as she was one of the few spies who has aroused a great fascination and interest over the years. This dancer, specializing in erotic dances was arrested and shot in 1917 on suspicion of taking advantage of her intimate relationships to work as a double agent for Germany and France, during the First World War, causing the death of thousands of soldiers.

Nowadays, many things have changed in the world of espionage, the techniques used are different, everything has to be legal and there are basic rules to be followed. However, the female presence continues bit by bit to enter a profession where for years, perhaps decades, the male figure has excelled. It still remains a stereotyped work traditionally by men despite the advantages provided by the female gender. The hope is that it will not be like this in the near future since the truth is that no one suspects a female detective and that is why it is often easier to obtain information.

Seeing two women talking for an hour in a corner is quite normal, but if it is two men it causes more distrust. However, for many advantages that can be listed relatively to a female detective, the truth is that machismo remains constant in this type of job.

In 2018 only 30% of these professionals corresponded to women (approximately 400), where 36 are in charge of a company, an insignificant number but in constant increase. Her work begins to value each day more due to her capacity for discretion, sensitivity and confidence that, day by day, are very useful in this work.

Celebrating women's day, we want to give voice to all women who are dedicated to this sector, to give courage and hope that a better world is to come and women will lead together with men in an equal world.

Sindia Alves and A. Oliver
Anthropologist and Detective
of Oliver Detectives

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