The Blank Affidavit, Bonus, and Backdated Invoice
A small business owner hires a Missouri private investigator to investigate an employee suspected of stealing $12,000 in inventory. After two days, the investigator has no direct evidence but learns the employee was at a competitor's store on the date of a reported theft. The owner asks the investigator to sign an affidavit stating the investigator 'personally observed the employee remove company property' because the owner needs it for a protective order. The owner offers a $2,500 bonus if the employee is fired and asks the investigator to backdate the invoice to the prior quarter for tax purposes. The investigator's standard rate is $95 per hour; 12 hours are outstanding. The owner also wants the investigator to testify as an 'expert' that the employee's actions constitute felony stealing.
1. How should the investigator respond to the request to sign the affidavit?
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The investigator must refuse to sign a false affidavit. Signing a statement that he personally observed the employee remove property, when he did not, would be a false sworn statement and could expose him to perjury or false-swearing charges, civil liability, and license discipline. Encouraging or helping the owner submit it could also make the investigator part of a fraud on the court.
The investigator can offer a truthful affidavit limited to what he actually observed: the employee was at the competitor's store on the relevant date, and the investigator has no direct observation of the removal of company property. If the owner insists on the false version, the investigator should decline in writing and consider withdrawing from the engagement. The file should document the request and the refusal so the investigator is protected if the owner later mischaracterizes the conversation.
2. Evaluate the bonus tied to the employee's firing and the request to backdate the invoice.
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The bonus tied to firing creates a direct incentive to shade or exaggerate findings, which conflicts with the investigator's duty of objectivity. Such an arrangement is not automatically illegal, but it should be avoided or, at minimum, fully disclosed and documented. The investigator should not accept a payment that depends on producing a particular employment outcome. The backdating request is different: it is false bookkeeping done for a tax purpose. The investigator should refuse it outright and invoice the actual date and amount.
For 12 hours at $95, the invoice is $1,140 unless the written agreement says otherwise. The investigator should itemize time, describe the work, and put any change in scope in writing. If the owner withholds payment or retaliates, the investigator should rely on the contract and collection options-not on falsifying records or changing findings.
3. What limits apply to the owner's request that the investigator testify as an expert that the conduct is felony stealing?
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A private investigator may testify as a fact witness about observations and may sometimes be qualified as an expert on investigative practices, but the investigator should not accept the owner's framing that he can declare 'felony stealing.' Whether conduct meets a criminal statute is a legal conclusion for the court, and the amount involved may be a fact for the jury. The investigator should testify to what he saw, how he documented it, and the limits of his knowledge.
If retained as an expert, the investigator should provide a written basis for opinions, use reliable methods, and avoid advocacy. He should not opine on the employee's guilt or the legal classification unless the court qualifies him and permits that testimony. The safer course is to give factual testimony and let the attorney argue the statute. The investigator should also disclose the bonus discussion if it could affect credibility.