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.
AntiPolygraph.org has received a rather unpleasant letter from James D’Loughy, a lawyer representing NITV Federal Services, LLC (NITV), which markets a scientifically baseless voice-based lie detector called the “Computer Voice Stress Analyzer,” and its president, self-described “Renaissance Man” “Dr.” Charles Humble (who has not received a doctoral degree from any accredited institute of higher education).
AntiPolygraph.org is a non-profit, public interest website dedicated to exposing and ending waste, fraud, and abuse associated with polygraphs and other pseudoscientific “lie detectors,” including voice stress analyzers.
NITV’s contention that its judgment against Dektor binds AntiPolygraph.org is absurd. Through our counsel, noted attorney (and former Westchester County, New York police commissioner) George N. Longworth of the law firm Grant & Longworth, we have declined NITV’s demand to remove the twelve links.
While NITV’s demand is without merit, it does serve to highlight the content on AntiPolygraph.org that most upsets NITV and “Dr.” Charles Humble, so it’s worth examining these links here:
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:
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
Dektor Corporation of Coopersburg, Pennsylvania, a sole proprietorship owned by Arthur Herring III, markets a competing pseudoscientific voice-based “lie detector” called the Psychological Stress Evaluator (PSE).
On 27 July 2018, NITV filed a federal lawsuit against Dektor and Herring alleging “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 seeking a total of $4,080,000 in claimed damages.
During the pendency of the lawsuit, Herring established a website titled “NITV CVSA Lies Exposed” (nitvcvsaexposed.com) documenting alleged dishonesty by NITV. For example, Herring convincingly shows that NITV founder “Dr.” Charles Humble’s doctoral degree was issued by an unaccredited diploma mill called “Indiana Christian University.” Humble has used the unearned title of “Dr.” in marketing NITV’s products and services.
Herring also points out that the “Journal of Criminalistics and Court Expertise” that NITV claims published a research study showing that “the accuracy rate of the Computer Voice Stress Analyzer…is greater than 95%” is unknown to the Library of Congress.
Herring’s website has a great deal of additional, apparently true documentation about Charles Humble and NITV that is of considerable public interest.
However, on Friday, 17 May 2019, U.S. Magistrate Judge Dave Lee Brannon granted NITV a default judgment ordering, among other things, that Herring “immediately remove from public view/unpublish the www.NITVCVSAexposed.com website in its entirety.”
The National Institute of Truth Verification, which markets a voice-based “lie detector” called the Computer Voice Stress Analyzer (CVSA), has hired disgraced ex-cop Jerry W. Crotty II to serve as its “Director of Law Enforcement Operations”:
NEW DIRECTOR OF LAW ENFORCEMENT OPERATIONS
NITV Federal Services (NFS) is pleased to welcome Detective Jerry Crotty as its Director of Law Enforcement Operations. Jerry will oversee all aspects of law enforcement operations for NFS and provide direct advice and assistance to law enforcement agencies worldwide, as well as oversee our Technical Services Division.
Jerry joins the NSF team from the Manatee County Sheriff’s Office in Florida where he served for 20 years in various positions, including supervisory positions in such specialized disciplines as Crimes Against Children, Domestic Violence and Internet Crimes Against Children (ICAC). While assigned to the State and Federal ICAC Task Force, Jerry developed ground-breaking techniques for using the CVSA® to identify and bring to justice serial child predators, which are now taught nationally. These techniques were so significant and effective that in 2015 he received the National Association of Computer Voice Stress Analysts (NACVSA) annual Professor James L. Chapman Award for Excellence. Jerry is considered an expert in interviewing and interrogation and has a confession rate well above 95%. He is also an expert utilizing the CVSA and is highly experienced in conducting specialized covert and structured examinations. Jerry holds a Master’s Degree in Science from the University of Central Florida.
Charles Humble, Founder of NITV Federal Services and the developer of the CVSA, states “We are very excited to have an individual with the qualifications and strong moral character of Jerry Crotty joining our team. With his law enforcement background, especially in the ICAC arena, Jerry will bring a new dimension to an organization that is already recognized as the Gold Standard for our industry.”
In February 2018, Jerry Crotty, then a supervisor in the Manatee County, Florida Sheriff’s Office Child Protection Investigative Division, “retired to avoid a demotion and discipline,” as Jessica de Leon reported in April for the Bradenton Herald. Excerpt:
Former supervisor of Manatee sheriff’s child protection division opts to retire after demotion and facing suspension
By Jessica De Leon firstname.lastname@example.org April 04, 2018 06:08 PM Updated April 05, 2018 09:46 AM
MANATEE — A former supervisor in the Manatee County Sheriff’s Office Child Protection Investigative Division has retired to avoid a demotion and discipline after an internal affairs investigation concluded he had been inappropriate and demeaning toward child protective workers. His supervisor was suspended and reassigned after a related internal affairs investigation concluded he did nothing to stop the behavior and participated in the berating of others.
Former Sgt. Jerry Crotty announced he would be retiring in a letter dated Feb. 4 to Capt. Brian Schnering in the Professional Standards Section. According to an internal affairs investigation concluded on Feb. 20, allegations that Crotty violated three general orders — harassment on the basis of disability, conduct unbecoming and failing to adhere to general orders — were sustained against him.
“Over the last year, my physical and mental health has been pushed beyond its limits and this time off of work has given the clarity that I need moving forward,” Crotty wrote. “When I started my career in 1997, I told my family that the day it was no longer fun and felt like work, I would resign. That day has come now.”
Crotty had been on medical leave but anticipated being cleared by his doctors on Feb. 19, he said. His resignation as a result was effective Feb. 20, just two days after his demotion to deputy in the Crime Against Children Section became effective, according to his personnel file. Crotty also said in his resignation letter that he wished to discuss the investigation with Schnering so that it could be closed properly and because he did not wish to resign while he was under investigation.
After a related investigation, Crotty’s supervisor, Lt. Barry Overstreet, was suspended for six days without pay and reassigned to the patrol division.
Crotty and Overstreet both supervised the Crimes Against Children section of the Child Protection Investigative Division, which handles criminal investigations, often working investigations in tandem with the Child Protection Section. The Child Protection Section handles all child welfare investigations in Manatee County for the Florida Department of Children and Families.
“Based upon a review of all documentation, evidence and interviews, it is apparent Sgt. Crotty demonstrated harassment based on a disability when he purposely spoke in a diminished tone in an effort to force Deputy Director Connie Keehner, a hearing impaired employee, to ask him to repeat himself,” Sgt. Paul Davis stated in the internal affairs report. “Furthermore, it is evident Sgt. Crotty utilized a pattern of influential comments, actions and/or omissions, as well as deliberately phrased electronic communications to forge a mindset of separation and contempt between his subordinates and the employees of the Child Protection Section.”
It may seem curious that NITV founder Charles Humble would consider Jerry Crotty to be an individual of “strong moral character.” But then again, Humble doesn’t think there is anything wrong with his passing himself off as a Ph.D. based upon a “diploma” received following a 6-hour course of study at a strip mall Bible school.
It should also be noted that the National Institute for Truth Verification has admitted in federal court that the Computerized Voice Stress Analyzer “is not capable of lie detection.”