AntiPolygraph.org co-founder George Maschke’s talk, “Polygraph ‘Tests’ and How to Beat Them,” presented on 31 July 2020 at the Hackers on Planet Earth (HOPE) 2020 conference, may be viewed online here:
The Santa Clara County, California District Attorney’s Office has charged Robert E. Foster, a polygraph operator with the San Jose Police Department, with “with using his private security company to commit insurance fraud, tax evasion, wage theft, and about $18 million in money laundering.” The case against Foster is summarized in a press release that is reproduced here in full:
San Jose Police Officer Charged with Worker Exploitation, Multi-Million Dollar Fraud Scheme
For release on July 31, 2020
Deputy District Attorney
Insurance Fraud Unit
San Jose Police Officer Charged with Worker Exploitation, Multi-Million Dollar Fraud Scheme
The Santa Clara County District Attorney’s Office has charged a San Jose police officer with using his private security company to commit insurance fraud, tax evasion, wage theft, and about $18 million in money laundering.
Robert Foster, 47, the Morgan Hill owner of Atlas Private Security, self-surrendered and will be arraigned on November 30th, at the Hall of Justice in San Jose on felony charges. Foster’s wife and eight other company employees are being charged with four counts of felony conspiracy to commit insurance fraud, unemployment insurance fraud, money laundering, and wage theft, and 39 additional felonies, including extortion and a white-collar crime enhancement. They face prison time, if convicted.
The officer and his co-defendants allegedly reduced insurance premiums and taxes by reporting false and inaccurate payroll, underreporting headcount, paying employees off-the-books, and underreporting employee injuries. In one case, an employee was allegedly threatened with deportation if she continued to speak attorneys about her rights under worker’s compensation laws after suffering a workplace injury.
The arrest comes just days after District Attorney Jeff Rosen announced a series of social justice reforms that included creating a Workers Exploitation Task Force that will investigate cases such as this one.
“This Office will root out and prosecute anyone – whether they wear a badge or not – taking criminal advantage of workers,” District Attorney Rosen said. “Our new task force will protect and heal the victims of labor trafficking, wage theft and illegal exploitation and raise awareness about how these insidious crimes are attacks on our communities of color.”
The six-month investigation was spearheaded by the Santa Clara County District Attorney’s Office Bureau of Investigation in close collaboration with the California Department of Insurance, Employment Development Department, California Department of Justice Bureau of Medical Fraud and Elder Abuse and United States Department of Labor.
The probe showed that Foster allegedly hid approximately $8.09 million in payroll over three years, avoided approximately $578,716.56 in tax liability and $560,293.15 in insurance premiums. To carry on their fraud scheme, the Atlas officials allegedly laundered approximately $18.20 million. The co-conspirators used and traded on Foster’s position as an active-duty San Jose Police Officer and self-described expert in lie detection to further their business interests. Yet, Foster allegedly failed to disclose to SJPD that he owned and operated Atlas or that such ownership could result in ethical conflicts.
The case against Foster and co-defendants is Criminal Case No. C2010222 in the Superior Court of California, County of Santa Clara.
On 25 September 2015, federal judge Vicki Miles-LaGrange sentenced Doug Williams, who pled guilty after he was entrapped in a federal sting operation called “Operation Lie Busters,” to two years of imprisonment to be followed by three years of supervised release “[u]pon release from imprisonment.”
Williams had taught two undercover federal agents how to pass or beat a polygraph “test.”
Williams was released from prison on 26 July 2017, and thus his three years of supervised release expired on Sunday, 26 July 2020. Williams’ terms of supervised release had prohibited him from participating “in any form of polygraph-related activity during the period of supervision.”
Williams plans to resume offering training on how to pass or beat the polygraph, and his website, Polygraph.com, now includes the following notice:
Now accepting clients. There will soon be a sign up form to set a time and date for the training.
On Wednesday, 17 June 2020, “Dr.” Charles Humble’s NITV Federal Services, LLC, which markets the scientifically baseless Computer Voice Stress Analyzer (CVSA) to governmental agencies, filed in a Florida court an amended complaint in litigation against competitor Elwood Gary Baker, who runs Baker Group International, and his associate Michael Savage, who runs Expertos VSA, Inc. The original complaint was filed on 25 May 2015.
It should be noted that no voice stress analysis technique has any scientific basis, be it NITV’s CVSA, Baker Group International’s Digital Voice Stress Analyzer (DVSA), Dektor’s Psychological Stress Evaluator (PSE), or Nemesysco’s Layered Voice Analysis (LVA).
In the lawsuit, brought before the Circuit Court of the 15th Judicial Circuit in Palm Beach, NITV alleges that Baker and Savage have been marketing their competing voice-based lie detector in violation of U.S. export regulations and seeks as much as $1,000,000 (or potentially more) in damages.
NITV’s amended complaint includes the following two counts:
Economic Damages Against Defendants due to Violation of Florida Unfair and Deceptive Trade Practices Act
- Plaintiff hereby restates the allegation set forth in paragraphs 1 through 46 as if fully set forth herein and further alleges as follows:
- Both BAKER and SAVAGE, individually and by and through EXPERTOS INC and EXPERTOS SA, have exported from the United States or re-exported VSA technologies either to or between various foreign locations including Mexico, Central America, South America and South Africa.
- Upon information and belief, none of the Defendants named herein have received such US Government approved Export Licenses for the multiple sales they have made from the US to foreign countries and/or between foreign countries, and are knowingly and actively engaged in the commerce of selling US Government Export Controlled commodities to various foreign governments, foreign commercial entities, and foreign national end users who have not been properly scrutinized to be granted an Export License.
- The Defendants are in violation of Federal export laws, under the EAR, as well as violations of the Federal Trade Commission Act 15 U.S.C. §§ 41 et seq.
- The failure to comply with Federal Export Law and violation of the EAR, constitute an unfair and deceptive act and unfair practice under the Florida Deceptive and Unfair Trade Act.
- Defendants’ [sic] BAKER and SAVAGE, individually and by and through EXPERTOS INC and EXPERTOS SA, deliberate and knowing efforts to export, distribute and sell the DVSA/FVAS outside of the United States without a United States Government approved Export License, constitutes a violation of 15 CFR § 730-774 under the EAR, and constitutes a criminal conspiracy to violate federally promulgated export laws, regulations and directives.
Due to Defendants’ unfair and deceptive actions in circumventing export licensing requirements, Defendants have been able to expeditiously enter foreign markets to the competitive disadvantage and economic damage of NFS.
- Due to Defendants’ unfair and deceptive actions in circumventing export licensing requirements, NFS has lost numerous sales to BAKER and/or SAVAGE by and through EXPERTOS INC/EXPERTOS SA.
- NFS’s damages are directly proximate to Defendants’ violation of the Federal Trade Commission Act 15 U.S.C. Section 41 et seq., and the Florida Unfair and Deceptive Trade Practices Act, Florida Statute 501.201 et seq., and specifically 501.211 of the Florida Statutes.
- NFS is entitled to an award of attorney fees and costs associated with the bringing of this action pursuant to the Federal Trade Commission Act 15 U.S.C. Section 41 et seq., and Section 501.2105 of the Florida Statutes.
WHEREFORE, NFS respectfully requests that this Honorable Court:
A. Enter a money judgment of $1,000,000 against Defendants or an amount equal to the actual damages suffered by Plaintiff by reason of the violations alleged above, pursuant to the Federal Trade Commission Act 15 U.S.C. Section 41 et seq., and Section 501.211 of the Florida Statutes;
B. Enter an order requiring Defendants to pay Plaintiff’s costs and reasonable attorney’s fees pursuant to the Federal Trade Commission Act 15 U.S.C. Section 41 et seq., and Section 501.2105 of the Florida Statutes; and
C. Direct any and all further relief this court deems just and equitable.
Injunctive and Equitable Relief Against All Defendants
- Plaintiff restates the allegations in paragraphs 1 through 46 and further states:
- As alleged herein, Defendants have engaged in a continuous course of violation of 15 CFR § 730-774 under the EAR and Federal Trade Commission Regulations.
- Defendants will continue to violate 15 CFR § 730-774 under the EAR and Federal Trade Commission Regulations causing irreparable harm to Plaintiff, the public, United States national security, and efforts by various foreign governments to combat criminal enterprises by supplying unscreened end users with technology that can be used to thwart law enforcement, military and/or national security efforts unless enjoined.
- Plaintiff does not possess an adequate remedy at law to prevent Defendants’ conduct as alleged herein from continuing.
- Plaintiff has a clear right to its request for injunctive relief and the public interest will be served as Plaintiff seeks to prevent continuing violations [sic] 15 CFR § 730-774 under the EAR and of the Federal Trade Commission Export Regulations which directly damage Plaintiff, the public and others.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court:
A. Grant a temporary and permanent injunction against Defendants BAKER, EXPERTOS INC, EXPERTOS SA, and SAVAGE, enjoining the Defendants from exporting, demonstrating or selling its DVSA/FVAS product to foreign customers or potential customers both inside and outside the United States without a United States Government approved export license;
B. Enter an Order awarding Plaintiff costs and reasonable attorney’s fees pursuant to the Federal Trade Commission Act 15 U.S.C. Section 41 et seq., and Section 501.2105 of the Florida Statutes;
C. Order Dissolution of EXPERTOS VSA, INC.;
D. Order Disgorgement of any and all monies received by Defendants’ [sic] in connection [sic] their violations of Federal Trade Commission Act 15 U.S.C. Section 41 et seq., and Section 501.201 of the Florida Statutes; and
F. Direct any and all further relief this Court deems just and equitable.
The claim is Case No. 50-2015-CA-005885-XXXX-MB in the Circuit Court of the 15th Judicial Circuit, in and for Palm Beach County, Florida. Other notable filings in the case include the transcripts of video depositions of Elwood Gary Baker and Michael Savage.
It should be noted that in 2009, the same court awarded Elwood Gary Baker $575,000 in a defamation suit he brought against NITV, LLC. NITV to date has shirked payment of this judgment, and Baker’s efforts to collect continue. That action is Case No. 50-2005-CA-001771-XXXX-MB.
In addition, NITV is the defendant in a federal fraud suit, Fletcher v. NITV LLC, filed on 18 May 2020.
Update 24 June 2020: In 2006, NITV was ordered to pay $77,000 in penalties for export violations similar to those that NITV now alleges E. Gary Baker et al. to have committed. Documentation of this action is available on Archive.org’s mirror of NITVCVSAExposed.com, a website that in May 2019 was ordered taken down pursuant to a federal lawsuit brought by NITV against Arthur Herring III and Dektor Corporation.
Polygraph operator Daniel Ribacoff, who performs for the NBCUniversal Television Distribution syndicated daytime television talk program, The Steve Wilkos Show, has publicly denied having wrongly accused show guest Anca Pennington of lying. In an unaired segment recorded on 10 December 2019, Ribacoff accused Pennington of lying when she denied having burned her infant daughter with cigarettes. (Pennington, who resides in Omaha, Nebraska, did not bring her daughter with her to the show’s studio in Stamford, Connecticut.) Distraught, Pennington attempted suicide later that day.
Medical staff who treated Pennington after her attempted suicide, upon being shown a photograph of the lesions on her daughter’s leg, identified them as ringworm, a common and easily treated fungal infection. When lesions reappeared later in December, a medical examination confirmed a ringworm infection, and an antifungal preparation was prescribed.
Ribacoff’s denial that he had wrongly accused Pennington came in the form of a Facebook reply to Steve Sledge, who in late May or early June asked on Ribacoff’s public Facebook page, “What happened with the case where the woman [sic] child had ringworm instead of a cigarette burn. That polygraph was wrong?”
Ribacoff replied, “the polygraph was correct. Ringworm was a secondary infection form [sic] the cigarette burns and was diagnosed weeks after the show.” In a second reply to Sledge, Ribacoff wrote, “doctors determined they were cigarette burns at the onset of the investigation.”
On Friday, 12 June 2020, Pennington, who posts on Facebook under the pseudonym Lore Radu, replied to Ribacoff, “stop lying you sick man! I took my child to the doctor my baby NEVER had cigarette burn you sick lying evil man!”
That same day, Ribacoff deleted Steve Sledge’s question and all replies to it from his Facebook page and blocked Pennington from viewing the page. Pennington provided AntiPolygraph.org with the following screenshots of the deleted posts:
AntiPolygraph.org has written to Daniel Ribacoff asking how he knows for sure that Pennington’s child had cigarette burns, how he knows for sure that ringworm was a secondary infection to that, and why he deleted these posts. At the time of posting, Ribacoff has not replied these questions. This post will be updated as warranted.
Update (15 June 2020): Anca Pennington posted a commentary to YouTube on Friday, 12 June 2020:
In 2012, former Oklahoma City Police Department polygraph operator-turned-critic Douglas Gene Williams published his autobiography under the title, From Cop to Crusader: My Fight Against the Dangerous Myth of “Lie Detection.” In 2014, he released a second edition, adding an account of the raid conducted by federal agents on his home and office as part of Operation Lie Busters, a federal investigation that targeted individuals providing instruction on how to pass or beat a polygraph “test.”
In 2015, Williams was sentenced to two years in prison for teaching undercover agents how to pass the polygraph. While incarcerated, he met Jack Straw, a fellow inmate and former
Chicago police captain, with whom he has collaborated to retell his life story, now published under the title False Confessions: The True Story of Doug Williams and His Crusade Against the Polygraph (Unit 2 Creations: 2020).
Asked for comment about the choice of title (the book does not specifically go into any particular false confessions), Williams explained that he and Straw, in discussing problems with the polygraph in the criminal arena, both agreed that “it is the primary thing most responsible for all false confessions.”
In the introduction to From Cop to Crusader, Williams stated “This book is a recounting of actual events that have occurred during my crusade against the multi-billion dollar scam called ‘lie detection’ perpetrated by the polygraph industry. It is written to the best of my memory. But as someone once said, ‘Memory is a complicated thing, a relative to the truth, but not its twin.’ So, the characters, conversations, and entities depicted may be composites or fictitious.” This no doubt applies to False Confessions, as well, which reads very much like an oral history, with reconstructed conversations.
Straw’s retelling of Doug Williams’ story is without question better organized and told than the original. Divided into 34 chapters, it chronicles Williams’ time working as a U.S. Air Force enlisted man in the White House Communications Agency during the Johnson and Nixon administrations, his joining the Oklahoma City Police Department, and how he made the decision to apply for a polygraph position, which culminated in his attending the late Dick Arther’s National Training Center of Lie Detection in New York City.
Williams relates (in Chapter 4) one of the memorable incidents that led him to question what he was doing as a polygraph operator:
…A particularly haunting memory of a woman seated in my office, sobbing while I railed on her for a confession, returned to my mind almost daily. I had been pushing her for a confession.
“The polygraph says you’re lying!” I shouted…
“I didn’t do it,” she’d cried…
I screamed back, “The machine is not wrong. You are lying. The machine is never wrong!”
After hours of mental pummeling, she’d balled up into a near-fetal position, almost convulsing in anguish. Suddenly, this woman turned her face to look squarely at me and cried out, “I did not do it! What are you trying to do? My God, what is wrong with you?”
There it was. Very plain, and corrosive as acid. What WAS wrong with me? And, that question led to more questions, bigger questions. What was wrong with all of this lie-detection trickery and the massive cult of operators who held so much power? Where had it started? How had it grown? How had it lasted all this time? I knew I needed answers to these questions.
Williams goes on to describe his 1979 departure from the Oklahoma City Police Department, his objections to polygraphy, and his decision to go public with his concerns. In Chapter 7, Williams recalls a press event he held at an Oklahoma City hotel not long after his resignation. Among other notable things, Williams recalls:
I felt that it was important to give the crowd some foundation to my claims, so I explained my background and told them how I had come to learn about this abusive behavior. I explained that, aside from my job with the police department, I had also worked part-time for a private polygraph company, so I had firsthand knowledge of the abuses within the industry. I explained that the company I had worked for had actually encouraged us to fail as many people as possible in order to charge the employer more money for administering more polygraph exams. It was common practice among private polygraph examiners.
Williams also notes that not all companies that required polygraph screening at that time did so voluntarily:
…polygraph operators were a necessary evil for the owners and managers of businesses that required their employees to submit to this grueling ordeal. Many of the business owners resented having to give the test; however, they were required to do so by the insurance companies that covered their businesses against losses from theft by employees….
Williams goes on to recount the beginning of his crusade against polygraphy, starting with an appearance on a popular talk show on Oklahoma’s largest radio station, KTOK. He details his development of a “three-prong strategy” embracing education, legislation, and litigation. As part of the education prong, Williams wrote the original edition of his manual, “How to Sting the Polygraph,” which explains how to pass or beat a polygraph “test”:
To launch the Education Phase of my attack, I needed a textbook. So, I compiled information into a manual I called, How to Sting the Polygraph. It was a detailed, start-to-finish handbook on how to defend yourself from the polygraph and its operator. The techniques were simple, and a person could perform them with relative ease. But, I had one more thing to do in order to craft the manual into the ultimate textbook I wanted it to be. In order to round out my research so that the manual was completely authenticated, I decided to utilize all the techniques “undercover,” as you might say. I would take polygraph exams from different polygraphists, pass them, document them, and notify the operators that had given me the test of the said results.
In order to do this, I would have to relocate. Oklahoma City wouldn’t work. All the polygraph operators knew me, and they weren’t going to let me anywhere near their little rooms of deceit. So, after I left the P.D., I moved to Houston, Texas to launch my campaign….
Notably, the complete text of the latest edition of Williams’ “How to Sting the Polygraph” is included as an appendix to False Confessions.
While working in Houston as an apprentice machinist, Williams embarked on a letter-writing campaign, also giving radio interviews. He later returned to Oklahoma City where for a time he worked as a paralegal and attended (though did not ultimately complete) law school at Oklahoma City University.
As part of the litigation prong of his antipolygraph campaign, Williams convinced his employer, attorney and former Oklahoma City Police Officer Chris Eulberg, to represent a polygraph victim bringing a wrongful discharge suit against oil field services company Halliburton Services. While the case was ultimately not successful, depositions were held, and the case helped to bring attention to workplace polygraph abuse. Although Williams does not mention the name of the plaintiff, upon inquiry, he confirmed that it was Michael Crowley, whose plight was the subject of an 11 July 1983 article in The Oklahoman titled, “Test wipes out job.”
Another highlight is Williams’ account of his participation in the CBS 60 Minutes investigative report, “Truth and Consequences,” which aired on Sunday, 11 May 1986 (Chapters 21 and 22). In that report, three different polygraph operators chosen from the New York telephone directory accused three different individuals of theft, even though no theft had occurred.
Regarding the “legislative prong” of his campaign against the polygraph, Williams recounts (in Chapters 16 and 17) the story his 1985 testimony before the U.S. House of Representatives, which helped lay the foundation for passage of the Employee Polygraph Protection Act of 1988.
The last four chapters are of special interest. They concern a federal investigation called Operation Lie Busters that targeted Williams for entrapment. Williams recounts the raid on his home and office conducted on 21 February 2013, his indictment more than a year later, his difficult decision to plead guilty two days into trial, his incarceration from 30 October 2015 until 26 July 2017, and his plans for the future.
A minor criticism is that book could have benefited from additional copy editing (for example, in decades, such as “the 1980s” there should be no apostrophe, and “more wizened” does not mean “made more wise.”) In addition, it is erroneously implied in Chapter 5 that William Moulton Marston introduced his blood pressure-based lie detector test in 1930, nearly a decade after John A. Larson had assembled the first polygraph instrument in 1921. Marston in fact had documented his idea for a lie detector as early as 1915, and Larson was inspired by Marston’s work. But again, these are minor points.
False Confessions is a must-read for students of the history of polygraphy. Doug Williams is indisputably among the most influential persons in polygraphy’s nearly century-long history. His revelation of the polygraph trade’s secrets has earned the wrath of polygraph operators across the United States, and his manual “How to Sting the Polygraph” has long been part of the curriculum for the federal polygraph school’s countermeasures course.
In addition, the targeting of Williams for entrapment by overzealous federal agents—who began their investigation in the absence of any evidence that he had committed any crime—has civil liberties implications that go well beyond the polygraph world.
On a final note, polygraph operators (and those contemplating attending polygraph school) are well-advised to reflect on Williams’ saga and to think long and hard about the ethical implications of practicing this fraudulent pseudoscience.
False Confessions is available directly from the publisher. At the time of writing, discounted copies are also available via Outskirts Press, as is an Amazon Kindle version (presently free with Kindle Unlimited).
Update 19 June 2020: AntiPolygraph.org readers may obtain copies of False Confessions signed by Jack Straw and Doug Williams at a $3 discount by using code E29J9EE when ordering directly from Unit 2 Creations.
AntiPolygraph.org has obtained and published two previously unavailable Los Angeles Police Department (LAPD) polygraph unit policy documents.
The LAPD Polygraph Unit Examiner Reference Guide dated November 2018 and marked “Law Enforcement Sensitive” includes rules for scoring polygraph charts as well as question sequences for the various polygraph techniques used by the LAPD polygraph unit, including the Law Enforcement Pre-Employment Test format used for screening applicants.
The LAPD Technical Investigation Unit Polygraph Unit Guidelines dated May 2019 detail the organization of the LAPD polygraph unit, the duties and responsibilities of its personnel, and its internal policies and procedures.
In a 19 May 2020 ruling, the Wisconsin Court of Appeals upheld the suppression of a post-polygraph confession in the child molestation case of Wisconsin v. Adam W. Vice (2018AP2220-CR).
In 2016, Vice was accused of sexually molesting a four-year-old girl. Questioned by Washburn County Sheriff’s Department investigator William Fisher, Vice “denied any wrongdoing and asked Fisher if there was anything he could do to clear his name.”
Fisher arranged for Vice to submit to a polygraph “test” conducted by Ryan Lambeseder of the Eau Claire Police Department. Vice “failed” the polygraph and ultimately confessed during a post-polygraph interrogation jointly conducted by Lambeseder and Fisher.
The Wisconsin Court of Appeals concluded (at para. 72 of its decision) that:
…the totality of the circumstances here evidences that the officers improperly used coercive methods and strategies to overcome Vice’s ability to resist including: (1) making numerous, repeated references to the polygraph results throughout the entire course of the post-polygraph interview; (2) repeatedly asserting that those results showed Vice—who claimed not to remember the assault—did remember it; (3) failing to correct Vice’s statement that he must have assaulted the victim because the test said he did; and (4) failing to inform Vice that the test results would be inadmissible in any criminal proceedings against him.
The court goes on to state (at para. 81): “…we caution law enforcement officers that if they plan to rely on polygraph results in order to elicit a defendant’s confession, they need to inform the defendant that those results are inadmissible in court.”
Gretchen Schuldt of the Wisconsin Justice Initiative reports on the ruling in a 26 May 2020 UrbanMilwaukee.com article titled, “Appeals Court Nixes Post-Polygraph Confession.”
See also the Wisconsin State Public Defender On Point blog post, “Defense win! COA affirms suppression of confession given after polygraph exam,” which includes a link to other filings in this case and a comment by Vice’s attorney, Frederick A. Bechtold.
And for an example of a federal case where a post-polygraph confession was suppressed, see our 2016 article, Federal Judge Throws Out FBI Post-Polygraph Confession Over Concerns About Voluntariness.
Bianca Fletcher, a former Arkansas Department of Corrections employee who alleges that she “was fired, purportedly for being deceptive” on a Computer Voice Stress Analysis (CVSA) “test,” has filed a federal lawsuit against NITV, LLC, NITV Federal Services, LLC, their founder, Charles Humble, NITV employee Gene Shook, and two “John Does.”
Fletcher claims damages for “libel, slander, false light, illegal exaction, negligence, and products liability, in an amount exceeding that required for diversity jurisdiction.”
Fletcher’s 6-page Complaint, filed on 18 May 2020, alleges the following general facts:
- Plaintiff worked for the Arkansas Department of Corrections (ADC), starting in 2016.
- Plaintiff was terminated on May 16, 2019, at which time she was a Correctional Officer II.
- Plaintiff had come to work, and an Adani body scanning device, known to be faulty, purported to detect contraband on Plaintiff’s person.
- Plaintiff did not have contraband on her person.
- From the point of the purported detection of contraband, Plaintiff was at all times accompanied or watched by ADC personnel until such time as she was strip searched.
- For most of the time, up until she was strip searched, Plaintiff was videoed.
- No person ever saw Plaintiff, Fletcher, get rid of or hand off any contraband.
- No recording device ever showed her get rid of or hand off any contraband.
- When Plaintiff was strip searched, no contraband was found.
- This was because Plaintiff had no contraband.
- Plaintiff was given a voice stress analyzer test, which she passed.
- Plaintiff was given a second voice stress analyzer (VSA) test, in which it was claimed Plaintiff was deceptive and lying when asked about the purported contraband.
- The voice stress analyzer test result, purporting to show that Plaintiff was deceptive, was false. Plaintiff was not lying or being deceptive. She answered all questions honestly.
- Plaintiff was fired, purportedly for being deceptive, based on the second VSA result.
- The NITV sold the VSA that gave the test to Plaintiff to the ADC.
- The NITV sells VSA devices to government agencies and private companies all over the United States.
- The NITV claims that the VSA devices it sells can detect falsehoods and lies in advertisements and marketing materials. These devices are marketed to law enforcement agencies, such as the ADC, and private corporations, under the premise that these agencies and businesses can use these devices to determine when employees are lynig for purposes of carrying out discipline.
- This is false, and it is known to be false by the NITV. Studies have shown that VSA devices are about as likely to catch deception and lies as tossing a coin. An observant witch doctor would almost certainly do better. NITV has never subjected its devices to peer review. NITV has never conducted double blind tests to establish the effectiveness of its devices. NITV did not develop these devices using the scientific method.
- NITV trains people working for agencies and companies to operate these devices. It tells them how to determine falsehoods and deceptive statements, but of course, this is bogus.
- NITV’s trainers frequently consult on cold calls from the agencies they sell these materials to.
- Shook consulted with an ADC employee who gave Plaintiff, Fletcher, the VSA test and claimed that Plaintiff was deceptive on that test.
- As a result of NITV’s and Shook’s conduct Plaintiff’s reputation was harmed, and she was fired.
The complaint goes on to enumerate five counts against the defendants and demands a jury trial. The third count includes the allegation that “NITV has committed a fraud on the state of Arkansas, selling it devices that do not work, which it knows do not work, and also selling bogus training on these devices” (emphasis added). Fletcher seeks compensatory damages in excess of $1,000,000 and punitive damages in excess of $1,000,000.
In a 12-page Answer to Plaintiff’s Complaint, also filed on 18 May 2020, defendants NITV Federal Services, LLC, Charles Humble, and Gene Shook deny any liability and request that the complaint be dismissed.
The civil suit is case number 4:20-CV-00521-LPR in the United States District Court for the Eastern District of Arkansas.
The 1991 Department of Defense Polygraph Institute (DoDPI) interrogation manual, Interview & Interrogation (PDF) is among the first documents published by AntiPolygraph.org nearly 20 years ago.
Since then, DoDPI has undergone two name changes and is now called the “National Center for Credibility Assessment” (NCCA). AntiPolygraph.org has obtained and now made available the November 2013 NCCA version of Interview & Interrogation (PDF). This document is also available in Microsoft Word format.
In addition, we have obtained and published a 9-page Counterintelligence Post-Test Interview Supplement dated November 2013. This document, too, is also available in Microsoft Word format. This document provides minimization/rationalization strategies or “themes” for eliciting admissions in post-polygraph counterintelligence interrogations.
Both of these documents are marked “For Official Use Only” and include the admonition, “No part of this handbook may be reproduced or distributed in any form or stored in a database or retrieval system without the written permission of the Director of NCCA.”
These documents make it clear that polygraph “tests” are actually interrogations in disguise and will be of interest to all who may face polygraph “testing.”