Federal Judge Awards CVSA Marketer NITV $849,347.92 in Lawsuit Against Rival Dektor Corporation

On 27 July 2018, the so-named National Institute of Truth Verification (NITV) of West Palm Beach, Florida, which markets a scientifically baseless “lie detector” called the Computer Voice Stress Analysis (CVSA) filed a federal lawsuit against the marketer of a rival pseudoscientific voice based lie detector, Dektor Corporation, and its sole proprietor, Arthur Herring III of Coopersburg, Pennsylvania.

NITV alleged “false advertisement, unfair competition, and product disparagement under the Lanham Act, 15 U.S.C. § 1125(a)” and “deceptive and unfair trade practices under Florida’s Deceptive and Unfair Trade Practices Act” and originally sought a total of $4,080,000 in claimed damages. NITV later increased its total claim to $17,871,977.36.

Dektor and Herring, who ultimately proceeded pro se, failed to timely file responses to pleadings in the lawsuit, and the court, which also found that Herring committed “substantial discovery violations,” ultimately entered default judgments against both Dektor and Herring personally.

On Monday, 16 December 2019, the court issued its final judgment, ordering Dektor and Herring to pay NITV $424,673.96 in base damages, which was doubled to $849,347.92 “in light of Defendants’ willful violation of the Lanham Act, misuse of the internet to convey materially disparaging information about Plaintiff and Plaintiff’s product, and discovery misconduct leading to an additional unknown amount of actual damages.”

The final order includes a permanent injunction essentially prohibiting Dektor and Herring from communicating any information critical of NITV, its CVSA product, or its founder, Charles Humble, to anyone.

As previously reported on AntiPolygraph.org, an earlier default judgment in the case ordered, among other things, that Herring remove from the internet a website with content critical of NITV that Herring had created. Much of the content of that website was nonetheless substantially true, and a mirror of the banned website remains available online via Archive.org’s Wayback Machine.

In the course of NITV’s litigation against Dektor, NITV also threatened a federal lawsuit against Dektor’s computer consultant and, without legal basis, attempted to compel AntiPolygraph.org to remove all content mentioning NITV and CVSA.

NCCA Test for Espionage and Sabotage Administration Guide

NCCA Test for Espionage and Sabotage Administration Guide

The “Test for Espionage and Sabotage” is the primary counterintelligence-scope polygraph screening format employed by the U.S. Departments of Defense and Energy. The procedure is described in detail in a 2016 National Center for Credibility Assessment administration guide (1.2 MB PDF) obtained by AntiPolygraph.org.

The guide, marked “For Official Use Only,” sets forth the relevant, “control”/comparison, and irrelevant questions asked. Appendix A (“Scoping Guide for Relevant Questions”) provides detailed information about the topics covered by the relevant questions.

Topics that are off-limits (“unless these issues are revealed by the examinee as having relevance to responses or admissions made in connection with counterintelligence questions posed during the examination”) include:

  • Religious beliefs or affiliations
  • Beliefs and opinions regarding racial matters
  • Political beliefs and affiliations
  • Opinions regarding the constitutionality of legislative policy
  • Use of drugs or alcohol (except for purposes of assessing suitability)
  • Affiliation with labor unions
  • Sexual matters
  • Finance

In other words, if the examinee doesn’t bring up these topics, the polygraph operator is not supposed to do so. AntiPolygraph.org has nonetheless heard reports of some polygraph operators ignoring these restrictions, and we invite any readers with knowledge of such practices to privately contact us.

Appendix F (“TES Outline”) will be of special interest, as it provides the basic script for conduct of the Test for Espionage and Sabotage. It is essentially a synopsis of the entire monkey drill.

It should be noted that in a secret experiment conducted at the National Center for Credibility Assessment (then called the Department of Defense Polygraph Institute), 80 percent of subjects succeeded in beating the Test for Espionage and Sabotage after an hour-long training session.

There is no documented instance of the Test for Espionage and Sabotage ever catching a spy or saboteur.

The polygraph community is quite concerned about polygraphy’s vulnerability to simple, effective countermeasures that they cannot detect, and the TES therefore includes a “Countermeasures statement,” which the guide explains thus:

10.2. Countermeasures statement: It is important to provide some form of countermeasures statement to make the examinee aware that non-cooperation or deliberate efforts to influence testing will adversely affect the examination process.  There are a number of approaches to this issue.  The following is one such approach:

10.2.1. “It is not uncommon for people who have to take a polygraph examination to research information on the topic.  Often, they come across sites or read articles that suggest they have to perform some activity to help them through their polygraph examination.  Such sites and articles often provide bogus information.  In fact, when people attempt to influence the outcome of their polygraph examination in various ways, such activity reveals that they have abdicated their responsibility to tell the truth and are being non-cooperative.  Can I count on you not to involve yourself in such activity?”

It is ironic (and hypocritical) for polygraph operators, whose techniques require that they lie to and attempt to deceive those whom they “test,” to speak of any “responsibility to tell the truth.” For discussion of the trickery behind the Test for Espionage and Sabotage, see AntiPolygraph.org co-founder George Maschke’s article, “The Lying Game: National Security and the Test for Espionage and Sabotage.”

Those who wish to learn more about polygraphy’s scientific shortcomings—and what can be done to mitigate the risk of a false positive outcome—will want to download a copy of AntiPolygraph.org’s free book, The Lie Behind the Lie Detector.

NCCA Law Enforcement Pre-Employment Test (LEPET)

NCCA LEPET Administration Guide

AntiPolygraph.org has obtained a copy of the National Center for Credibility Assessment’s documentation of the polygraph screening technique “used by federal law enforcement agencies during the pre-employment process.”

The 23-page document, dated 3 March 2016, provides instructions for administration of the so-called “Law Enforcement Pre-Employment Test” (LEPET), to which applicants for employment with such agencies as the FBI, DEA, ATF, and U.S. Secret Service are subjected.

In 2004, AntiPolygraph.org published an earlier version of this document, dated January 2002, which remains available. The LEPET manual has changed little since this earlier version.

When we first published this document, then recently retired FBI supervisory special agent, scientist, and polygraph expert Drew Campbell Richardson observed regarding it:

This is more or less THE SCRIPT for what you will see and what you will hear. You will see the order, even the very language and characterizations of the foolishness that we have come to know as polygraph screening. This document is sufficiently important that it requires your careful attention and then your careful attention again.

The LEPET manual will remain of great interest to anyone seeking employment with a federal law enforcement agency with a polygraph screening requirement.

SDPD Polygraph Screening Documents Disclosed

AntiPolygraph.org has published a set of documents concerning the San Diego Police Department’s polygraph practices. These documents, which date to 2017, focus primarily on pre-employment polygraph screening.

The most notable document, titled “SDPD DLST Preemployment Script” instructs the polygraph operator how to conduct the “pre-test” procedure.

“DLST” stands for “directed-lie screening test.” Directed-lie “control” questions are ones in response to which the examinee is told to “lie,” unlike probable-lie “control” questions, in which the operator attempts to manipulate the examinee into lying. For more on directed-lie “control” questions, see Chapter 3 of The Lie Behind the Lie Detector (beginning at p. 107 of the 5th edition).

The pre-employment script shows that the “test” consists of a “Subtest A” and a “Subtest B.” The relevant questions on Subtest A are:

R1 As an adult, have you received any (other) formal discipline at work?

R2 As an adult / In the last 10 years, have you had any (other) personal involvement with illegal drugs?

There is also an unscored “sacrifice relevant” question:

SR Do you intend to answer the formal discipline and drug involvement questions truthfully?

The directed-lie “control” questions are:

C1 Did you ever lose your temper?

C2 Did you ever violate a minor traffic law?

There are also two irrelevant, or in SDPD’s parlance, “neutral” questions. These are not scored:

N1 Are you now in San Diego?

N2 Are the lights on?

Subtest B includes the following relevant questions:

R3 Have you ever committed any (other) serious crime?

R4 Have you ever committed any (other) sex crime?

The sacrifice relevant question for Subtest B is:

SR Do you intend to answer the “serious crime” and “sex crime” questions truthfully?

The directed-lie “control” questions for Subtest B are:

C3 Did you ever say anything about someone that wasn’t true?

C4 Did you ever violate a rule or regulation?

And finally, the irrelevant questions for Subtest B are:

N3 Are you now sitting down?

N4 Is today _____?

For more details, see the SDPD DLST Preemployment Script.

The document collection also includes a “polygraph questionnaire” with many more questions than the four relevant ones that are asked while the subject is hooked up to the polygraph instrument, a set of “mind maps” that describe the scope of the relevant questions from Subtests A and B, as well as a script used for polygraphic interrogation of criminal suspects.

It should be borne in mind that polygraphy has no scientific basis, and it is common for truthful people to wrongly be branded as liars. If you are facing a polygraph “test,” be it with the San Diego Police Department or any other agency, be sure to download a copy of The Lie Behind the Lie Detector for more on polygraphy’s scientific shortcomings, the simplistic methodology on which it relies, and pointers on what you can do to mitigate the risk of wrongly failing when you’re telling the truth.

NITV Threatens Competitor’s IT Consultant With Federal Lawsuit

NITV’s logo, a seeming misuse of the Great Seal of the United States

In July 2018, the so-named National Institute for Truth Verification (NITV) of West Palm Beach, Florida, which markets a scientifically baseless lie detector called the Computer Voice Stress Analyzer (CVSA), filed in Florida a federal lawsuit against competitor Dektor Corporation and its sole proprietor, Arthur Herring III, of Coopersburg, Pennsylvania. Dektor markets a similarly scientifically baseless voice-based lie detector called the Psychological Stress Evaluator (PSE).

Among other things, NITV alleged “false advertisement, unfair competition, and product disparagement under the Lanham Act, 15 U.S.C. § 1125(a)” and “deceptive and unfair trade practices under Florida’s Deceptive and Unfair Trade Practices Act.”

On 17 May 2019, a magistrate judge granted a default judgment to NITV after Dektor failed to timely reply to a motion. Among other things, the judge ordered that Dektor and Herring “immediately remove from public view/unpublish the www.NITVCVSAexposed.com website in its entirety.” The aforesaid website, which contained a great deal of unflattering but apparently true documentation about NITV and its founder, Charles Humble, has been taken down in compliance with the court order, although a mirror of the banned website as it appeared on 18 May 2019 remains available.

Evidently not satisfied with its success in removing criticism of itself from the internet, on Saturday, 1 June 2019, NITV, through its lawyer, threatened Dektor Corporation’s IT consultant, Matt Vanderhoff of Center Valley, Pennsylvania, with a federal lawsuit that would be filed in Florida if he did not within four days agree to “the transfer of any ownership or use rights [he] may have in the PSE software/intellectual property/source codes etc. to NITV” and to enter “into a permanent injunction that prohibits [him] from further assisting Mr. Herring with his anti-NITV activities.”

The threat evidently worked, as in reply to a request for comment, Mr. Vanderhoff stated, “Thank you for contacting me. Unfortunately, due to being forced to an agreement my lawyer and NITV’s lawyer’s [sic] have jointly worked up I am unable to disclose any details. It is very troubling to say the least but I am not in the position to fight an enemy that has deeper pockets.”

Dektor proprietor Arthur Herring III told AntiPolygraph.org that while Mr. Vanderhoff has been his IT consultant for some ten years and had programmed his software and designed and hosted his (Herring’s) websites, he (Vanderhoff) had no ownership interest in Dektor Corporation or its software. Herring expressed concern that the source code he had paid Vanderhoff to program for him would be lost to him and handed over to his competitor, NITV.

NITV’s legal threat to a rival’s IT consultant seems extortionate. AntiPolygraph.org has obtained a copy of the e-mail that NITV’s lawyer, Daniel DeSouza of Fort Lauderdale, Florida sent to Matt Vanderhoff on 1 June 2019, and believing it to be newsworthy, we reproduce it here in full:

From: Daniel DeSouza ddesouza@desouzalaw.com
Date: 6/1/19 2:35 PM (GMT-05:00)
To: Matt Vanderhoff mvanderhoff@vanderson.net
Cc: “James D’Loughy – Advisor Law PLLC (JDLOUGHY@advisorlaw.com)” JDLOUGHY@advisorlaw.com

Subject: NITV – FOR SETTLEMENT PURPOSES ONLY

Mr. Vanderhoff,

This e-mail is sent pursuant to Fed. R. Civ. P. 408 and is for settlement purposes only.

I recognize and respect your prior e-mails asking that we not contact you further regarding this matter, but unfortunately this e-mail needs to be sent and it is my hope that you review it carefully (preferably with your own legal counsel). Through our review of the documents produced during the forensic investigation, conclusions reached regarding the ‘damaged’ hard drive, and positions taken by Mr. Herring concerning ownership of the PSE intellectual property, it is our intention to file a Complaint against both you and Vanderson Corporation in the United States District Court for the Southern District of Florida for aiding and abetting Mr. Herring in his tortious activities and for conspiring with him to engage in such activity. Please note I am not sending this e-mail to convince you that we are right or to argue the point with you back and forth – the bottom line is that our client has pushed for a lawsuit to be filed against you and your company for some time now and we agree with our client’s position.

That said, I am not looking for my client to spend more money on this matter than necessary. My expectation is that the lawsuit with Mr. Herring will soon be over, with a monetary judgment against both Dektor and Herring and a permanent injunction entered. We are awaiting dismissal of Mr. Herring and Dektor’s bankruptcy cases before we proceed in that manner. Given the above, we have 2 choices on how to proceed here. The first option is you ignore this e-mail (your right to do so) and we proceed with suing you in Florida as we did with Mr. Herring. The second option (which I sincerely hope you give serious thought) is that we enter into a settlement agreement wherein NITV will exchange mutual releases with you and Vanderson (with no money to be paid by you or judgment entered against you) in exchange for: (a) the transfer of any ownership or use rights you may have in the PSE software/intellectual property/source codes etc. to NITV and (b) the agreed entry into a permanent injunction that prohibits you from further assisting Mr. Herring with his anti-NITV activities (with a liquidated damages provision in the event of a violation). We would need to agree on the language and other material terms, but that is the gist of what my client will accept in lieu of filing a lawsuit against you and seeking a money judgment therein. The above would also be contingent on the Court allowing entry of an injunction against you as a non-party – if not, we would probably need to file a lawsuit with agreement to immediately dismiss it upon entry of an injunction.

Again, I encourage you to review this with counsel, but understand that we are poised to move forward with the lawsuit if you are not willing to settle along the above terms. If you are interested, please let me know by Wednesday, June 5 at the latest. If I do not hear back from you by then, we will proceed with the lawsuit.

Daniel DeSouza
DeSouza Law, P.A.
3111 N. University Drive | Suite 301 | Coral Springs, FL 33065 (Mailing Address)

101 NE Third Avenue | Suite 1500 | Fort Lauderdale, FL 33301

954.603.1340 (office) | 954.551.5320 (mobile)
ddesouza@desouzalaw.com | www.desouzalaw.com

Polygraph Critic Doug Williams to Testify in New Mexico Criminal Case

Doug Williams

Longtime polygraph critic Doug Williams, himself a former police polygraph operator, is scheduled to testify as an expert witness against the admissibility of polygraph evidence in a New Mexico court hearing scheduled for 30 May 2019.

Dr. Alan Vaughn Emamdee of Farmington, New Mexico faces an 11-count indictment for alleged sexual abuse of patients and seeks the introduction of polygraph “test” results as exculpatory evidence.

Williams, who has been subpoenaed to testify by prosecutor Michael P. Sanchez of New Mexico’s 11th Judicial District Attorney’s Office, can explain how anyone, innocent or guilty, can pass or beat a polygraph “test” using simple, effective techniques that he has been teaching since 1979.

Federal polygraph operators so feared Doug Williams’ teachings that in 2012 they targeted him with an undercover entrapment operation dubbed “Operation Lie Busters,” which culminated in his serving a two-year prison sentence. Williams was released from federal prison in July 2017 but remains under a three-year period of supervised release with a condition that he not engage “in any form of polygraph-related activity.”

The U.S. Department of Justice objected to Williams’ being permitted to testify for the prosecution in the New Mexico case, but United States District Judge Robin J. Cauthron nonetheless ordered the modification of Williams’ conditions of supervised release to permit him to “comply with the subpoena and testify in the New Mexico proceeding.”

The hearing in which Williams is to testify commences on Thursday, 30 May 2019 at 08:30 AM with judge Lyndy D. Bennett presiding. The case is State of New Mexico vs. Alan Emamdee, docket number D-1116-CR-201701042.

Update: On 29 May 2019, the defense rested in State of New Mexico vs. Alan Emamdee without introducing any polygraph evidence. As a result, Doug Williams was not called on to testify. Joshua Kellogg reports on what transpired in the courtroom for the Farmington Daily Times.

Update 2: On 30 May 2019, a jury acquitted Dr. Emamdee on all 11 counts.

A Critical Examination of Converus Inc.’s Pseudoscientific “EyeDetect” Lie Detector

An EyeDetect station

In “An Eye-Scanning Lie Detector Is Forging a Dystopian Future,” Wired science writer Mark Harris investigates “EyeDetect,” a new scientifically unproven lie detector being hawked as a replacement for the old scientifically unproven polygraph.

Converus Inc. of Lehi, Utah, which markets EyeDetect, claims without proof that it can detect lies with 86% accuracy. Mark Harris takes a critical look at this claim. Excerpt:

Sitting in front of a Converus EyeDetect station, it’s impossible not to think of Blade Runner. In the 1982 sci-fi classic, Harrison Ford’s rumpled detective identifies artificial humans using a steam-punk Voight-Kampff device that watches their eyes while they answer surreal questions. EyeDetect’s questions are less philosophical, and the penalty for failure is less fatal (Ford’s character would whip out a gun and shoot). But the basic idea is the same: By capturing imperceptible changes in a participant’s eyes—measuring things like pupil dilation and reaction time—the device aims to sort deceptive humanoids from genuine ones.

It claims to be, in short, a next-generation lie detector. Polygraph tests are a $2 billion industry in the US and, despite their inaccuracy, are widely used to screen candidates for government jobs. Released in 2014 by Converus, a Mark Cuban–funded startup, EyeDetect is pitched by its makers as a faster, cheaper, and more accurate alternative to the notoriously unreliable polygraph. By many measures, EyeDetect appears to be the future of lie detection—and it’s already being used by local and federal agencies to screen job applicants….

Read the entire article here, and if you missed it, be sure to also see Harris’ earlier article, “The Lie Generator: Inside the Black Mirror World of Polygraph Job Screenings.”

Snake Oil Salesman Alex Martin and AC Global Risk’s “Remote Risk Assessment”

Alexander Martin (LinkedIn profile)

In “The Dangerous Junk Science of Vocal Risk Assessment,” Ava Kofman of The Intercept examines “Remote Risk Assessment,” a voice stress analysis application being marketed by AC Global Risk, a San Francisco-based company led by U.S. Marine Corps veteran Alexander Martin. The company characterizes Remote Risk Assessment as “a sophisticated system that uses unique voice analytics processes to evaluate and quantify distinct characteristics of the human voice related to risk.” Excerpt:

AC Global Risk declined to respond to repeated requests for comment for this article. The company also did not respond to a list of detailed questions about how the technology works. In public appearances, however, Martin has claimed that the company’s proprietary analytical processes can determine someone’s risk level with greater than 97 percent accuracy…. Several leading audiovisual experts who reviewed AC Global Risk’s publicly available materials for The Intercept used the word “bullshit” or “bogus” to describe the company’s claims. “From an ethical point of view, it’s very dubious and shady to give the impression that recognizing deception from only the voice can be done with any accuracy,” said Björn Schuller, a professor at the University of Augsburg who has led the field’s major academic challenge event to advance the state of the art in vocal emotion detection. “Anyone who says they can do this should themselves be seen as a risk.”

NSA Blocks AntiPolygraph.org on Twitter

The NSA (@NSAgov) has blocked AntiPolygraph.org (@ap_org) from following and viewing the NSA’s tweets:

Screen shot of the NSA’s Twitter profile as viewed from AntiPolygraph.org’s Twitter account, 3 November 2018

Curious about what may have prompted this action, we used Google to search twitter.com for matches including both “ap_org” and “NSAGov.” We found two replies that we posted to tweets the NSA made on 9 July 2018. Here is the first reply:

And here is the second reply:

We have asked the NSA to explain why they blocked us and will share their reply with an update here when received:

Update (12 November 2018): The NSA has not responded to our inquiry and continues to block AntiPolygraph.org on Twitter.