MICHAEL L. ROBERTSON

Questioned Document Examiner

 

2211 Hunting Valley N.W.                                                                                                  Special Agent, United States

North Canton OH  44720-3912                                                                                           Secret Service (Ret.)

                                                                                                               

 

(330) 499-1287  Office                                                                                                           Document examinations

(330) 499-1116  Facsimile                                                                                                      Forensic consultations

Email:  emailme@cannet.com                                                                                                 Civil and criminal litigations                                                                                                                                                                   Second opinion

                                                                                                                                                Review opposing opinion

 

QUESTIONED DOCUMENT REPORT

 

Date:

14 March 2008

 

Request:

Questioned document examination and comparison

 

Questioned document (Q):

Identified as Page 2 Side 2 in email of 2/28/08 “Gingrich 2”

 

Known documents (K):

Provided as attachments to me in emails dated 2-28-08.

 

Opinion:

1.       Standard protocols established by the American Society for Testing and Materials regarding questioned document examination were followed,

 

2.       This portion of my examination and opinion is limited to lines 30 through 50 of the document, and only the signature and printed name columns, due to financial and time constraints.  It may be noted that many entries in the other columns contain numerals and printing executed by one person,

 

3.       I was not provided with the genuine/known signatures of the voters named on this document to perform a comparative analysis.  This is usually one of the first steps in the examination process and it is unusual not to have these document available,

 

4.       I was also limited in my comparative analysis by the small amount of cursive writing by Ms. Gingrich that is available.  There are many unique and relevant letter forms on the signature lines that can be identified as to authorship if adequate exemplars are ever available for such a comparison,

 

5.       The attached Exhibit 1 is a field grade markup of two types of similarities in the letter forms: (1) those letters that are highlighted in pink on the document correspond with known letter forms of Ms. Gingrich and (2) those letters that are highlighted in blue are letter forms that are common within the document, i.e. the blue “a” on line 36 was executed by the same person that executed the blue “a” on line 38,

 

6.       Via extrapolation, if part of a signature is identified as corresponding with the known writing of a person then the entire signature, by extension, would have been written by the same person.  Two factors limit identifying more characteristics of the forger: (1) as mentioned before, the limited amount of known writing and (2) the presence of unnatural or disguised writing which is present on this document,

 

7.       It is my opinion based on a reasonable degree of professional and scientific certainty that the author of the known Mauree Gingrich documents executed the pink highlighted letters on the questioned document exhibit.

 

 

It is my recommendation this matter be turned over to law enforcement for criminal investigation, to obtain affidavits from the listed voters and obtain solicited handwriting exemplars from Ms. Gingrich for further examination by the Pennsylvania State Police or other forensic lab.  A law enforcement agency should be in a better position to obtain the applicable voter registration cards and other documentation needed to conduct a thorough investigation.

 

If requested, I will provide the law enforcement agency with the other letter forms that can identified via comparison with known handwriting samples they may obtain from Ms. Gingrich or others.

           

If you want me to produce a computer generated version of Exhibit 1 or continue further with this document examination, please call me for the costs and if approved I will proceed immediately.

 

If my testimony is needed for deposition/trial please provide me with enough advance notice to reserve the date(s) and review the case.

 

 

Respectfully,

 

No signature on e-mail copy.  Original being sent via regular mail.

 

 

Michael L. Robertson

 

 

 

Attachments:

 

Exhibit 1

Exhibit 2-A through 2-G

Curriculum vitae (covers both Fraud Investigator and Questioned Document Examiner)


Exhibit 1

 

 

 


Exhibits 2A-2G

 

IN REFERENCE TO EXHIBITS 2-A THROUGH 2-G

 

·         In this set of exhibits, not every letter form is color coded, e.g., the lower than “normal” cross bar on the lower case “t” is only marked one time even though this letter form is found throughout the documents.  To color code every occurrence is unnecessary and confusing for the reader.

 

·         In the process of questioned document examination, an opinion is formed based on the totality of the evidence and the uniqueness of the letter forms.  In this case, I was limited by the amount of known/genuine cursive writing available with which to compare against the questioned signatures.  However, the “G” and some of the other letter forms are quite unique therefore giving them substantial value in making my determination.  Other characteristics, such as writing/printing the lower case “i” smaller/shorter than adjoining lower case letters has somewhat less value than the “G” but is relevant when the characteristics of the similar letter forms are viewed in toto.

 

  • It may be noted that I found several letter forms that do not appear to me as being written naturally, i.e., probably altered as a form of disguise.

 

 

 

 

 

 


Qualifications and Professional Credentials

Questioned Document Examiner and fraud investigator

1.                   My name is Michael L. Robertson.  I am the principal questioned document examiner at Robertson Investigations which I founded 1988 and operate in North Canton, Ohio.   Robertson Investigations is licensed by The State of Ohio and insured.  Robertson Investigations provides wide ranging forensic investigation consulting services in both civil and criminal matters to a broad range of clients from - private sector companies and organizations such as General Motors; United Parcel Service; Goodyear Tire & Rubber Company; Coca-Cola, United Auto Workers; to public sector institutions such as: Ohio State University’s College of Medicine, University of Akron, Office of Attorney General and Office of Public Defender for the State of Ohio, the Police Departments for the cities of Akron and Cleveland, Ohio; to various Federal and State Courts, among others.  I have been appointed as an expert by judges presiding over indigent felony cases and the document expert in Death Row cases in Ohio.  I have consulted for the Illinois, Indiana, Michigan and Missouri Office of Attorney’s General on issues of fraud and consumer protection.

2.                   Throughout my career, I have received extensive academic and continuing professional training that forms the foundation of my expertise in forensic investigations and examination of questioned documents. I was awarded in 1966 a Bachelor of Arts in Behavioral Science (Criminology) degree from the Ohio State University. In 1971, I graduated from the U. S. Secret Service Questioned Document School, which trains some of the preeminent document examiners and forensic technicians in service to the federal government of the United States.

3.                   I have served as a Special Agent of the United States Secret Service, Department of the Treasury, for seventeen years, and during that period my assignments included protection of United States presidents, vice presidents, presidential candidates and over 60 visiting head of foreign states and governments.  My investigative duties included conducting criminal investigations of violations of U. S. Treasury statutes, locating and interviewing suspect making threats against the President and Vice President of the United States, as well as forgeries investigations wherein I served as the resident examiner in the field office to identify or eliminate suspects of forged documents. Moreover, I received an appointment and served as the Special Agent/Instructor and Assistant Course Director for the Questioned Document School at the U.S. Secret Service Training Academy in Washington, D. C.  During my tenure at that pre-eminent school, I’ve worked directly with some of the leading document examiners and forensic technicians employed by the U.S. federal government in developing coursework and curriculum materials employed in training of highly qualified questioned document examiners for federal, state and local governments in the arts and science of forensic analysis of documents, including but not limited to: paper composition and comparison, fraudulent photocopy reproductions, paper abrasion (i.e. folds, indentations, staple/paper clip marks, rips and tares damage, latent markings, etc), inks, handwriting analysis and identification, typewriting and output of computer printers.    This questioned document course was the primary training ground for most document examiners assigned to major police departments and state crime labs across the United States.  I served two in-service training blocks with the U. S. Secret Service Forgery Division.  My U. S. Treasury Department Job Description/Classification as a Criminal Investigator stated I am an “…expert in the detection of forgeries.”

4.                   I have attended numerous specialty and in-service schools regarding investigation and forensic matters.  In 1986, the Secret Service selected six classic investigations from the thousands of cases investigated all across the United States to serve as models for the correct protocol of investigative standards.   I was honored with the selection of three of my cases to be part of the six models.

5.                   I was accepted as a member of the Association of Certified Fraud Examiners in 1995.  Since entering private practice in 1988, I have served as a questioned document examiner and forensic investigations consultant for a variety of public and private institutions, corporations, financial institutions, law enforcement agencies and eminent law firms.  I was court qualified as a fraud investigator in numerous courts and by the National Association of Securities Dealers (NASD).  I was appointed Compliance Officer by the Western District of Missouri Federal Bankruptcy Court to oversee the operation of, and prevent the fraudulent activities, of a large sales and telemarketing corporation that was being monitored by the Court.  I have been appointed by the U. S. District Court in Cleveland as a defense investigator in a RICO case.  Correspondingly, my expertise has been sought out by various legislative and judicial branches of government.  I testified as an expert witness before the House Ethics Sub-Committee of the U. S. House of Representatives in the case concerning the expulsion of a Member of Congress on matters relating to evidence, investigative methodology and burden of proof.  I am the only private investigator ever called to provide expertise before that Committee.  The Ohio State Public Defender’s Office had appointed me as a questioned document expert in several capital punishment cases. Additionally, I have received case referrals as an expert questioned document examiner from the Cleveland, Akron and Canton, Ohio field offices of the Federal Bureau of Investigation (FBI), Ohio Bureau of Criminal Investigation and Identification, Crime Labs for Lake County, Stark County and City of Canton, Ohio, as well as Cleveland and Akron Police Departments.

6.                    During my career in private practice, I have been called to testify as an expert witness in a variety of cases related to questioned documents and my professional credentials have been qualified and accepted in some 32 different judicial venues ‑ included among them: U. S. Federal District Court and Federal Bankruptcy Court for the Northern District of Ohio, Commonwealth Court of Pennsylvania, U. S. Federal District Court for the Southern District of Florida along with various Common Pleas, Probate and Municipal Courts in the State of Ohio.  I qualified as an expert in document examination by N.A.S.D. in two different panels.

7.                  The Table below provides a log of cases in which I appeared as an expert witness.  It may be noted that the vast majority of litigation cases in which I render an opinion are settled prior to the commencement of the trial.

Date

Title

Attorney

Case Type/ Action

Court (all in the State of Ohio unless otherwise noted)

2001

 

Michalski v. Toledo Clinic

Gary Osborne

Medical Malpractice/Deposition

Lucas County Common Pleas Court

2002

Kerr vs. Conklin

Tim Campbell

Child custody/Testimony

Greene County Court

2002

Steps vs. Gibson

John Wolfe

Civil/Testimony

Summit County Common Pleas Court (upheld on Appeal)

 

 

 

 

 

2002

LeCrone vs. LeCrone

Dana Shelton

Civil/Testimony

Franklin County Common Pleas Court

2003

Dr. Taji, MD

David R. Pheils, Jr.

Medical Malpractice/Deposition and Trial

Lucas Co. Common Pleas Court

2003

H. Marchel

Ruth Fischbein-Cohen

Civil/ Testimony

Cuyahoga County Common Pleas Court (upheld on Appeal)

2003

M. Mizenko

David Umbaugh

Testimony

NASD – Chicago Panel

2005

Slisz v Citigroup

 

Robert Dean

Civil/Testimony (expert testimony in both fraud aspects and questioned document aspects of this case)

NASD – New York panel

2005

Patrick McTeague

Gerald Putruccelli

Civil/Testimony

Labor Relations Board – Auburn, Maine

 

2006

Ohio State University College of Dentistry

Erik Cantwell

Civil/Testimony

Professionalism Committee

College of Dentistry.  Ruling in favor of my client.

2006

Madison County TN

Civil Service Commission

Madison County Prosecutor

Civil/Testimony

Testified for Sheriff re dismissal of a ranking officer for writing anonymous notes.  Affirmed by judges.

2006

Wayne Co. Court

Dan Lutz

Civil/Testimony

Questioned contract

2007

Mahoning County

Mark Skakun

Civil/Deposition

Questioned Agreement

2007

Northern District of Ohio (Akron)

Wm. Whitaker

Criminal hearing

Forensic evidence

2008

Mahoning County (Ohio)

James Vitullo

Civil trial

Questioned  Motor Vehicle title

 

8.                   I have lectured extensively on the subject of forensic documents examination. In 1998, I designed and presently continue to teach the Questioned Document Course for attorneys that has been accredited by Ohio Supreme Court for three credit-hours of continuing legal education (CLE).  I am preparing a 3 hour CLE DVD on this subject for on-line access by attorneys in Ohio and eventually other states.

9.                   I presented my lecture titled “Questioned Documents in Medical Malpractice Cases” at the Ohio Academy of Trial Lawyers Annual Convention in Cleveland, Ohio.  I have spoken to various law firms, paralegals and insurance companies. 

10.               I have been listed as an expert with Technical Advisory Services for Attorneys for over ten years, Martindale-Hubbell, JurisPro and ExpertPages - all of whom monitor any complaints against an expert and will remove them from the listing if needed.  I am in good standing with all of those entities.

11.               My background in financial fraud goes back 39 years when I conducted investigations of violations of U. S. Treasury Department statutes and continue today with private investigations for corporations, financial institutions and private individuals.  I served one year full time as the Corporate Security Officer for a subsidiary of PNC Bank and enforced the Federal Reserve regulations involving fraud, wrote the policies to prevent check kiting, created new in-house procedures for officers to enforce government requirements for financial institutions and established aggressive investigative procedures to rid the institution of fraudulent/’sloppy’ money handlers (resulted in removing 5% of the tellers and other staff in 12 months).  

12.               My expertise concentrates on identifying and documenting the elements of fraud or other criminal conduct based on statutes and regulations in complex matters.  I am not an auditor, CPA, lawyer, financial analyst, actuary, procurement specialist or any of a hundred other specialties.  I collect information, intelligence, documents and statements from those sources who are the specialists and homogenize it into an investigative mosaic.  This mosaic is then reduced into an understandable, substantive, chronological report supported with exhibits and usually a PowerPoint presentation.  The most difficult part of completing a complex investigation is making the final product clear and convincing.

13.               Discretion when conducting investigations is critical and part of my work model.  I have conducted sensitive investigations for foreign governments, a major national church, Fortune 50 companies including counter-corporate espionage, theft of intellectual property and a drug addicted CEO, to name a few.

Website:   www.robertsoninvestigations.com