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COLORADO PASSES UPDATED FALSE CLAIMS ACT

6/10/2022

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False Claims Act in Colorado
As a firm that's worked with many whistleblowers and been responsible for developing numerous False Claims Act/Qui tam cases, we were happy to learn that the State of Colorado has finally updated the state's False Claims Act. Prior to this new law being passed, whistleblowers could only file a Qui tam if it involved stated Medicaid funds. It never made sense to us that whistleblowers who knew about other potential False Claims cases, couldn't file in Colorado unless it involved fraudulent use of Medicaid funds and now that's been corrected.

Many of you may be wondering what a False Claims Act/Qui tam case is. It's actually been around since the Civil War and was originally known as the Lincoln Law. During the Civil War President Abraham Lincoln spearheaded a law, which became the False Claims Act, that said anyone who had information that the U.S. Government was being defrauded could bring a lawsuit on behalf of the United States. If the government clawed back any amount of monies from the fraudster, the whistleblower, also known as the Relator, would get a percentage of the recovery, normally 15 - 30%. Not a bad deal for doing the right thing and reporting fraud. This law was spurred on by unscrupulous business men selling lame horses and spoiled food to the Union army.

“The False Claims Act is the most successful anti-fraud law protecting taxpayers and preventing corruption in government programs,” said leading whistleblower attorney Stephen M. Kohn of Kohn, Kohn & Colapinto. “Colorado stands to generate billions in revenues by policing fraud in government sponsored programs, both by deterring violations and holding fraudsters accountable. The Colorado lawmakers who have made these improvements possible should be commended.”

The CFCA was cosponsored by Representative Matt Gray, Representative Mike Weissman, and Senator Faith Winter. The law enhances enforcement efforts against individuals and companies who fraudulently use taxpayer dollars. Types of frauds covered by the CFCA include the submission of false or fraudulent claims to state or local governments and the falsification of records material to false claims. The CFCA greatly expands the types of contracting frauds which whistleblowers may bring forth qui tam suits over.

The federal False Claims Act has been described as “the most powerful tool the American people have to protect the government from fraud.” Since the law was modernized in 1986, False Claims Act whistleblowers have allowed the government to recover over $70 billion. Correspondingly, False Claim Act whistleblowers have received over $8 billion.

If you have information of fraudulent activity involving state of Colorado funds, or U.S. funds for that matter, contact us and we can provide advice on what's the best way to handle your case. We have relationships with several top law firms in the country and can work with you to make sure your case is handled by a firm that has the best chance of getting the government to intervene in the case and take it to fruition.

Lee Walters
President
EXCALIBUR Private Investigation
Colorado Springs, Colorado
719.208.4088

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Oh No, Not A Fake QR Code!! Be On The Lookout

4/25/2022

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Picture
This story recently released by the FBI and ABC7 News in Chicago caught our attention and we thought we'd pass it on so everyone can be on the lookout for it:
 
"QR codes are everywhere. You can quickly scan them with your phone to read a restaurant menu, get a new app, or go to a website. But there are QR con artists using the new tech to get your banking information or hold your smartphone hostage.

"They can get into every account you have if they have enough time," says FBI Special Agent Siobhan Johnson. 

The FBI issued a QR code warning that says criminals are putting stickers of fake QR codes over the real ones on restaurant tables or flyers. They're also sending them out via email claiming to offer deals or promotions.

"You might find this malicious QR code on a menu or on a flyer someone's put out for people to see," Johnson explained. "And once you use that QR code, it takes you to a malicious website that's been designed to mirror a real one."

That first QR code scam leads you to fake websites which phish for your personal and financial information. Some sites can be made to look like your bank or phony parking payment platforms.

"One of two things could happen - one is, you're just sending scammers your parking meter money, which that's actually the best case scenario," warns Mashable Technology Journalist Matt Binder. "The worst-case scenario is when you input your information to pay, and you're not actually paying, you're just sending over your credit card information or banking account information to the scammers."

The FBI says a second QR code scam can lead you to websites which can then download malicious malware to obtain information on your phone. That malware can also allow scammers to hold your device hostage and demand payment. If this happens, you should report it to the FBI and never pay the ransom.

"If your phone downloads that malware, you're at the mercy of the scammers, they could hold your information for ransom. Or they could just shut your phone down. They could steal photographs that are on that phone. You have a lot of vulnerabilities, our cell phones our lives right now," Binder said.

So what can you do to spot QR con? First, don't open codes sent from strangers.

"Treat QR codes like you treat suspicious phishing emails, or text messages from people you don't know," advises Binder.

Even if your friend sends you a QR code, confirm that it was really them sending it. If it's an e-mail with a code from a business, call the company or go to their website. And after you scan, inspect the web address before you click.

"Just double check the URL and where it's going to send you," Binder added. "If you don't know who they are, I would definitely not click it."

If printed out, look for any signs of the QR code being tampered with, or keep an eye out for a sticker over it.

"There have absolutely been reports of people being victimized with bad QR codes," Johnson said. "And the key thing here is that it doesn't have to happen."

The FBI also says to beware of phony QR code apps claiming to help read QR codes as they can also be a scam. If you download them before researching, they can be gateways for criminals to access your phone and information."


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HELP. SOMEONE STOLE MY IDENTITY!!!

4/12/2022

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Identity theft in Colorado
From 2018 - 2020 there were 1.66 million cases of identity fraud reported to authorities. Who knows how many went unreported because the victim was too ashamed or embarrassed to admit they had been a victim of identity fraud. What can the average person do to keep their identities from being stolen? Here's a couple of ideas that we recommend to clients as well as friends and family:
  • Initiate a freeze on your credit. It's very easy to do and makes it much more of a challenge for a cybercriminal to steal your identity. Each of the three main credit bureaus, Equifax, Experian and TransUnion have information on their main website page that explains how you can place a freeze on your credit. Make sure to place a freeze on your kid's accounts as well as cybercriminals know those accounts are very rarely reviewed by the owners or their parents.

  • Place fraud alerts on your credit accounts. Anyone can place a fraud alert with the three aforementioned credit bureaus. You only have to place the alert with one of the three and then that credit bureau will instruct the other two to do the same. This will require a business to verify your identity before opening a new line of credit in your name.

  • Enroll in two-factor authentication. We know this can be a pain, but it's something you should enable on all your accounts when it's presented as an option. With this option, you'll have to enter your credentials and then follow up with a code, usually, that's texted or emailed to your known telephone number or email address. 

  • Review your accounts closely. Even with all of the above in place, you should monitor your credit reports and account statements closely. Don't just throw those unopened statements in a drawer thinking everything is fine and be sure to review your credit reports at least once a year, I recommend quarterly, to make sure nothing is amiss.

With a little precaution you can help ensure that you don't become a victim of identity theft. If you feel like you may have become a victim of identify theft, please give one of our Colorado-based private investigators a call for a free, no-obligation consultation. 

Lee Walters
President
​EXCALIBUR - Private Investigation
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PART VI: REAL ESTATE SCAMS

3/11/2022

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Real estate scams investigated by Colorado Springs private investigator
In our newest post on scams, some sobering statistics from the FBI in regards to real estate fraud:

Total financial loss in 2020: $213,196,082

Total United States victims in 2020: 13,638

Yes, you're reading those numbers right. Over $213 million lost to real estate scams in 2020 alone with over 13,500 victims. What type of real estate scams are the most prevalent? 

Loan flipping: it's a predatory practice that happens when a lender
convinces a homeowner to repeatedly refinance their mortgage, accruing high
fees and points with each refinance.

Escrow wire fraud:  where scammers, many times in other countries, infiltrate a legitimate real estate transaction and cause monies to be wired to accounts they control as if they are the closing company when, in fact, they aren't. Victims have reported that everything looks real, has the right names, numbers, addresses, etc, yet the account number for the wire transfer has been changed. Most victims never receive the lost funds back so this is one everyone should be aware of.

Escrow wire fraud investigated by private investigators in Colorado Springs, Colorado

SerRental scams: in this scam the conman places a rental listing on various real estate rental websites and takes a deposit for either a vacation or long-term rental for housing. There's been many cases where the renter shows up thinking they have this nice place to stay, only to learn that the occupants/owners have no idea what they are talking about. 

Moving scams: moving scams are also classified as real estate scams and they take many forms. We've seen so-called moving companies hold a truckload of household goods hostage for additional payments over and above what their "estimate" was. Make sure you use a well-known, stable company with a track record whenever moving from point A to B, even if it may cost you a little more than the ad on Craiglist you saw.

Homebuyers and real estate agents should be especially diligent. Keep
personal information secure, use licensed lenders and realtors for all
transactions, never pay upfront fees for home services, and educate yourself
on how to spot a scam. Be aware of anyone pressuring you to make quick
decisions, and be wary of improper documentation and requests for wire
transfers of large sums of money.

Never resist the temptation to not follow up when you have a funny feeling about something or when any large sums of money are involved. Check and double-check and get on the phone to verify everything or, better yet, go in person to make sure you don't become the victim of one of these real estate scams.

Lee Walters
EXCALIBUR Private Investigation
​719.208.4088
​Serving all of Colorado and beyond
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BOA fraud right here in the Springs!

2/23/2022

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Fraud Investigation Bank of America Colorado Springs Investigator
It's almost like scammers read our last post about the Zelle and Wells Fargo scam, but didn't believe anyone read it. Including us! Our lead investigator received this text first thing this morning about their Bank of America debit card, they actually don't have one, and the fraud that had occurred along with the "restriction" that has been placed on their card. Two things to note on this text message: 1. It came from 804-215-6923 which a quick Google search showed that the scammer didn't even bother to spoof the number to make it look like it came from Bank of America even though it's most likely not the true number this text came from. Lazy scammer!!! 2. The number the recipient is supposed to call is also not a Bank of America number. I'm guessing this is a scammer who's just starting out as those are two things that could easily be made to look like BofA was calling.

Don't fall for this scam. If you have, or any other scam, please give us a call to see how we can assist.


EXCALIBUR Private Investigation
​719.208.4088
​Serving all of Colorado and beyond
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!!!!!SCAM ALERT!!!!!

2/20/2022

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Bank Scams investigated by Colorado Springs Private Investigator
The Zelle text scam has reared its ugly head again! First it was Bank of America customers, now Wells Fargo customers are being targeted. If you receive this text, or something similar purportedly from your bank, delete and block the number immediately. THIS IS NOTHING BUT A SCAM!!! How does it work? Like this:

The mark, or victim, receives the text, or something very similar, from what looks like their bank. As soon as they reply NO they get a call on their cell phone. The victim is told by the "bank employee" that someone is withdrawing money from their account and that they need to go into their Zelle account and replace the number listed with their first name. The caller ID even shows the call is coming from Wells Fargo Fraud Protection or something else that looks official and like it's from the bank. The scammers are then able to withdraw as much money as the account contains as they have the keys to the castle namely the name listed as a Zelle recipient.  

How is the scammer able to be successful with this scam? First they play on people's fear of having their money stolen and the texts play on that fact. Second when the call comes in from "the bank" the scammers use a spoofing service that will display whatever the scammer wants it to display. Private investigators and law enforcement use these type of services quite often and they cost next to nothing to use. In some instances an astute victim has even Googled the person who claims to be from the bank and discovered that the name matches. All the con has done is a similar search themselves and knows to use a real bank employee's name when calling the victim.

​Unfortunately if you are the victim of this scam your chances of recovering the money are almost zero. The banks have no requirement to return stolen funds from scams like these so you must be aware that you're going to be out the money if you do.

Our Colorado Springs professional investigators have years of experience working all types of cons/scams. If you suspect someone is trying to con or scam you, please, please, give us a call before you move forward. A conversation doesn't cost a thing and we're more than happy to provide our opinion based on over thirty years of experience. Stay safe.


EXCALIBUR Private Investigation
Colorado Springs, Colorado
​Serving all of Colorado and beyond
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SECURITY TIP #3: BE ON THE LOOKOUT FOR THESE BEHAVIORS

2/13/2022

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Dating App Scam Investigator in Colorado Springs
Today's Security tip involves those of you who are on the various dating apps. It's an area we written about before, but we're revisiting it because there are so many victims of dating app scams that we want to make sure you don't have to contact one of our Colorado Springs private investigators after you've lost money. Statistics show that hundreds of people have recently lost $32 million in romance scams with 200 of those living in Colorado and Wyoming. The people most victimized are women over 40, the elderly, widowed, divorced or disabled people due to perceived, and real, vulnerabilities.

Some of the things you should look out for when getting involved with anyone you meet on a dating app:

1. The individual presses you to leave the dating app and turn solely to message or email and somewhat soon.

2. The individual uses a photo that appears to be a glamour shot or looks like it has been professionally done. We've seen scammers download photos of unknown professionals, usually men, that have been professionally done. At EXCALIBUR Legal Support - Private Investigation we use proprietary software to scan the internet and dark web to find if a photo has ever been used before. In one case we were able to show our client that the photos of a guy claiming to live in northern California and working on an oil rig, were actually photos of the CEO of Coca-Cola Europe.

3. The individual professes love quickly, much more quickly than if you met in person somewhere.

4. The individual attempts to isolate you from friends and family. These scammers don't want any other party to be able to point out inconsistencies in their stories.

5. The individual claims to live or work far away. We've seen numerous scammers claim to be working on oil rigs or in the Middle East in the oil or gold business. Not sure why these two professions are chosen by scammers, but they are.

6. The individual makes plans to meet in person, but always cancels because of some emergency. Along with this, the scammer will always have an excuse why they can't get on a Skype or other video call. If you want to test early on if a person is who they claim they are, demand they get on a video call. A scammer will never agree to that. Or if they provide an excuse why they can't get on a video call, their computer doesn't have a camera, etc., etc., then have them take a photo of themselves holding a sign with your name and current date handwritten on it. A scammer will also never agree to this as you'd then see the photos on their profile are fake.

7. The individual asks you for money. That's all of these scammer's ultimate goal. To separate you from your money. Sometimes they will wait 6 to 8 months before asking to "borrow" money or they will claim their account is frozen and they can't pay for the ticket to come and see you in person. Believe me, we've heard it all.

Think you're talking with someone legitimate on ____________ fill-in-the-blank dating app, but your spidey senses are tingling? Contact us and let us vet the person you're in contact with. You've got nothing to lose and will gain peace of mind knowing if they are who they say they are.

Lee Walters
President
EXCALIBUR Private Investigation
Colorado Springs, Colorado
​Serving all of Colorado and beyond
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SECURITY TIP #2: WATCH FOR SMISHING

2/8/2022

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Security tips on Smishing by Colorado Springs Professional Investigator
Today's security tip involves "smishing". Smishing you say? What's that? Although it may seem like a strange word it's used to describe something very serious. Where "phishing" involves a bad guy sending an email with a malicious link, "smishing" involves send a malicious link via a Short Message Service (SMS) text that we all get numerous times a day. In our case sometimes a hundred or more! 

It all begins when the person receiving the text clicks on the link. According to Aaron Rouse, SAC, Las Vegas FBI, “You'll have a loss of access to your device, sometimes. You'll have afforded somebody access to your device, and you'll possibly lose personally identifiable information. So it's something that we just like we say with email. If you didn't ask for it, don't click on it." Rouse also described a couple of ways "smishing" is being used at this very moment. Individuals receive a text claiming to be from AT&T saying their bill has been paid, followed by a link to claim a prize, or a text claiming to be Netflix telling the target they need to click on the attached link if they want to "keep watching." Both of these give the bad guy control over your phone in most instances. 

Lisa Mesa, a smartphone user who has received numerous "smishing" texts says, “I get pre-approved for certain things, or really weird texts. They actually get kind of personal. They make it sound like they're a friend reaching out to you sometimes too. It says your appointment is ready - click on this link.”

SAC Rouse further states, “They can be anywhere. It really does depend on the scheme that's being perpetrated, and the amount of effort behind it. Sometimes we see very widespread scams. It'll go out and we quickly become aware of it because people will do the right thing, they report it to IC3.gov.”

Reporting to IC3.gov is definitely the first step if you receive one of these "smishing" texts. And it should become a habit to never click on a link you receive in an unexpected text, even if it seems to be legitimate. If you have any doubts at all contact the person who supposedly sent it and see if they actually did. If not, delete it immediately.

If you think you may have become a victim of "smishing" contact one of our Colorado Springs professional private investigators who can discuss different options you pursue.
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PART V: IRS SCAMS

12/7/2021

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Colorado Springs Investigation of IRS Scams
From our friends at Wells Fargo bank:

Scam #1: Phishing

The Internal Revenue Service (IRS) reports that phishing schemes are a continuing problem. Phishing is an attempt to obtain a payment or sensitive information such as usernames, passwords, and account details by scammers impersonating a government agency through an email, text message, or social media post. Once acquired, your information can be used to access your account, apply for benefits or refunds in your name, and steal money.

You should always be on the lookout for IRS imposter scams that offer assistance with receiving benefits, request payment for overdue taxes, or require you to verify your personal information. In a recent stimulus payment scam, taxpayers received text messages with a link to a phishing website that impersonated the IRS.gov Get My Payment site.

Those who visited the fraudulent website were prompted to enter their personal and account information, which was used to commit fraud.

What you should know :

If you receive an unsolicited email or text claiming to be from the IRS, do not: reply, click any links, or open attachments, which may contain malicious software. Be especially cautious of communications that reference “COVID-19” or “stimulus”. They may include promises of assistance, requests for charitable contributions, notices of outstanding tax payments due, or requests to verify personal or account information.

Do not provide passwords, account numbers, or personal information in response to emails, texts, or social media. The IRS does not send unsolicited texts or emails and will not ask for personal or account information through digital communications. In addition, neither the IRS nor state agencies will text taxpayers asking for account information to make a stimulus payment deposit.

Scam #2: Fraudulent phone calls

Scammers, posing as the IRS, call claiming you owe taxes. They may demand that you settle the bogus tax bill by sending money through a gift card, prepaid debit card, or wire transfer. Alternately, an imposter may call offering to assist with COVID-related benefits payments and ask you to provide personal or account information in order to receive a payment.

What you should know :

Do not engage in conversation if the caller: 

Demands immediate payment or offers to assist you with receiving a payment

Uses aggressive tactics, such as threatening arrest, deportation, or license revocation

Requests credit, debit, or bank account numbers

Even if the caller has the last four digits of your Social Security number or other identifiable information, do not share any additional information.

If you are uncomfortable with a request on a phone call that you did not initiate, do not respond. Instead, hang up immediately and contact the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484 to confirm the validity of the request. If you think it is a scam, you can also report it by calling TIGTA or online at www.tigta.gov.

Know that the IRS will not:

Ask you to pay your taxes using a gift card, pre-paid debit card, or wire transfer.

Threaten to immediately have you arrested or deported for not paying.

Initiate contact with you or request sensitive information by email, text, or social media.

If you owe taxes, the IRS will contact you by mail before attempting to call you.

You are not required to pay without the opportunity to question or appeal your tax bill.1

Scam #3: Identity theft

Scammers steal your personal and financial information for illegal or fraudulent activities, like filing a tax return in your name.

One growing identity theft scam involves criminals stealing client data from tax professionals or directly from you by obtaining your tax software login information, filing a fraudulent tax return and having the refund deposited into a bank account. Then they use various methods to demand that you return the money to them.

In one version, the scammers, pretending to be IRS debt collectors, contact you claiming a refund was deposited in error. Then they ask you to forward the money to their “collection agency”.

In another scam, you receive an automated phone call from someone claiming to be from the IRS threatening you with criminal charges, an arrest warrant, and a “blacklisting” of your Social Security number if you do not return the refund. The caller then gives you a case number and phone number to call to return the money.

If you received an erroneous refund, find out how to legally return it.

What you should know:


Use a unique username and password for tax filing software, and update them at least annually. File taxes early to prevent others from filing a fraudulent return in your name.

Do not share your Social Security number with others unless absolutely necessary.

Shred sensitive documents before discarding.

Avoid storing personal or account information on your computer or mobile devices.

Review your credit report every year to confirm that the list of credit accounts is accurate. You can receive a free copy of your report every 12 months from each of the credit reporting agencies, as well as AnnualCreditReport.com.

Take action if you fall for a tax scam

Contact your financial institution to close any affected accounts.

Report identity theft to IdentityTheft.gov and follow the steps to obtain your personalized recovery plan. 

If your Social Security number is stolen, contact the IRS.

File a complaint using the FTC Complaint Assistant.
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PART IV: ONLINE DATING SCAMS

11/29/2021

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Colorado Springs Dating App Investigator
In part IV of our series on scams, today we're going to go over Online Dating Scams. To date we've worked hundreds of these cases with that number growing each week. It's easy to understand why these have become so prolific, almost prolific as the number of new dating sites that seem to be popping up overnight, as they can be easy pickings for a con man, or con woman, yes, we've worked cases on both types. 

Some of the sites we've actively worked Online Dating Scam cases on include, but are not limited to: Bumble; Zoosk; Plenty of Fish; Tinder; Grindr (yes, there's even cons on there), to name just a few. Most of these sites, if not all, require some type of limited verification but these are easily bypassed. We have accounts on all of them under a variety of aliases and have passed all verification that has ever been presented, so please don't get a false sense of security that the person with all of those great looking photos is who they claim to be.

Some of the clues we look for in determining if a profile on ANY dating site is legitimate are the following:

1. Do the photos just look TOO GOOD??? You know what we mean. Most, legitimate, profiles don't have professional looking photographs, they just don't. We use techniques that can determine if a photo has been used on multiple dating sites or if it's ever been used anywhere else other than for one particular profile. I can't tell you how many times we've found a supermodel's photograph being used on a fake profile. Or the photo of  the CEO of Coca-Cola Europe being used by "Stan" who lives in Northern California. Yep, discovered that in one of our cases. 

2. Is this really great guy/girl you've been chatting with for two weeks now just too busy to meet in person? Are they an engineer on an offshore oil platform and travel all the time? Yes, that was one such profession that was in vogue, and still is, by the scammers who frequent many of the online dating sites, particularly Plenty of Fish for whatever reason. The quickest way to cut to the chase, and which we advise all of our clients, to see if an individual matches the photos on their profile is to demand they video chat with you if they won't meet in person. (Side note: Never have the first in-person meeting at night. Only agree to meet during the day at a very public place with plenty of other people around) If they come up with an excuse, the computer is broken, the computer's camera is broken, the computer doesn't have a camera, then you have your answer.

3. How soon does the person ask for money or start sending you small gifts? The really accomplished cons don't push it too early as they're going for the big score and will usually have 8 - 10 women/men on the hook at any given time. They normally don't come out and ask for money for themselves, but to help a grandchild, friend, dog, you name it. We've seen it it all. Sometimes their bank accounts get mysteriously locked for a day or two and they just need a little to get them unlocked. Just when we think we've seen it all a con will come up with a new reason why they need money. They are constantly evolving.

4. Last, is the person you've been chatting with for the last week and a half totally head over heels in love with you after such a short period of time?? I know it's flattering, but they are looking for something and, 99% of the time, it isn't love. Listen to those spidey senses telling you they're too good to be true because they are. Too good to be true.

If you suspect that someone you're chatting with through an online dating site/app may not be telling you the whole truth, or you just want to make sure you vet them before going much further, give us a call. We work these types of cases all the time and would be happy to help you achieve peace of mind.

Lee Walters
President
EXCALIBUR Private Investigation
Serving all of Colorado and beyond
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