Texas is No Longer a “Polygraph Only” State
It is now legal for Texas law enforcement to utilize what has been described as “One of the most important investigative tools available today.” In the mid 1970’s the American Polygraph Association recognized the threat that the newly introduced voice stress analysis technology posed to its monopoly of the lie detection industry. The APA had its state affiliates introduce its ‘standard polygraph licensing act’ into their respective legislatures. Tucked away in the licensing act was the wording “No person shall use any instrument to determine truth or deception that does not permanently record the cardiovascular and respiratory patterns. The use of any other detection device is prohibited.” This wording outlawed ANY instrument other than the polygraph. Only 15 states adopted the polygraph licensing requirement.
With the introduction of the Computer Voice Stress Analyzer (CVSA) in 1988, many law enforcement agencies began to abandon the old polygraph for the less costly, more accurate CVSA. Although the polygraph community strenuously resisted the attempts by law enforcement agencies to change the licensing acts to allow them to use the CVSA, many of those states have amended their statutes to allow for the use of the CVSA. Others, like Texas, have simply decided to completely eliminate the requirement to obtain a license to operate a truth verification device and therefore allowing for the use of the CVSA by law enforcement.
Brad Bowman, General Counsel for the TDLR recently wrote NFS: “TDLR can confirm that there is no requirement for your client or any other person to obtain a license from TDLR in order to offer services that were previously regulated under Occupations Code Chapter 1703. As of September 1, 2021, the Texas Department of Licensing and Regulation (TDLR) no longer issues licenses for polygraph examiners in Texas. In the regular session of the 87th Texas Legislature, House Bill 1560 repealed Texas Occupations Code Chapter 1703, Polygraph Examiners, effective September 1, 2021. This chapter required a license issued by TDLR to perform polygraph examinations in Texas. The repeal of rules governing the polygraph examiner program was adopted at the October 5, 2021, meeting of the Texas Commission of Licensing and Regulation, TDLR’s governing body, and the repeal is effective November 1, 2021. TDLR has removed all information regarding requirements for licensure from the public page related to this program, which you can review at https://www.tdlr.texas.gov/polygraph/polygraph.htm. TDLR can confirm that there is no requirement for your client or any other person to obtain a license from TDLR in order to offer services that were previously regulated under Occupations Code Chapter 1703.”
NITV Federal Services Wins Lawsuit Against Arthur Herring/Dektor Corp. Awarded damages of nearly 1 million dollars.
West Palm Beach, FL, Dec 16, 2019 – The US Federal District Court for the Southern District of Florida has granted NITV Federal Services (NFS) a default judgement against the Dektor Corporation and Arthur Herring. Dektor is a Pennsylvania business owned and run by Arthur Herring, specializing in the manufacture and training on a specific type of voice-type lie detection equipment, the PSE.
NITV Federal Services sued both Dektor Corporation and Arthur Herring for False Advertising, Deceptive and Unfair Trade Practices, Defamation/Business Disparagement, and Tortious Interference. The suit alleged that for over 20 years Mr. Herring and Dektor had disparaged the company, its products, its owners and its employees. Over the twenty-year period Mr. Herring regularly told many potential customers of NFS that “If what I’m saying is not true, why don’t they sue me?”
Besides the award for nearly 1 million in damages, the court entered a permanent injunction against both defendants and anyone working on their behalf from transmitting in any way the defamatory information that brought about the lawsuit. In the past Mr. Herring has stated that he will not abide by the orders of the court. The court also stated that “violations of the permanent injunction will be treated very seriously.” The following is the Conclusion of the permanent injunction
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case No. 18-80994-Civ-Brannon
NITV FEDERAL SERVICES, LLC,
DEKTOR CORPORATION, and
ARTHUR HERRING III,
ORDER OF FINAL DEFAULT JUDGMENT
AND PERMANENT INJUNCTION AGAINST BOTH DEFENDANTS
- Permanent Injunction
Plaintiff’s Motion for Entry of Permanent Injunction Against Defendants [de 134] is GRANTED. Defendants, their shareholders, directors, officers, agents, servants, employees, successors, assigns, affiliates, joint venturers, and any and all other persons in active concert, in privity with them are PERMANENTLY ENJOINED from:
(a) Sending or transmitting any e-mails, text messages, letters, or other written correspondence to any entity (including any law enforcement agency or government agency) or person which contains any false or disparaging remarks or statements about Plaintiff, its CVSA product, or Plaintiff’s founder/President, Charles Humble. To avoid any doubt, this restriction specifically includes, but is not limited to:
(1) any statement concerning the purported accuracy/reliability of CVSA;
(2) any statement suggesting that Plaintiff and/or its products are a scam or ineffective;
(3) any statement concerning the PSE’s supposed proven superiority over the CVSA;
(4) any statement comparing or equating Plaintiff, its product, or its employees to the German Nazi party or Joseph Goebbels specifically;
(5) any statement that Plaintiff’s products (including the CVSA) are no more accurate than a coin toss;
(6) any statement misrepresenting the pricing of Plaintiff’s products;
(7) any statement that Mr. Humble received an unearned, fake, or ‘store bought’ diploma;
(8) any statement suggesting that the CVSA is just an expensive prop;
(9) any statement that law enforcement agencies continue to use Plaintiff’s products in some conspiratorial effort to avoid overturned verdicts or lawsuits from defendants falsely convicted;
(10) any statement that any law enforcement officer has been wrongly fired because he flunked/failed a CVSA test yet was being truthful;
(11) any statement that the processes/procedures used by Plaintiff (such as numeric scoring, DSR [Delayed Stress Response], cold calling, kinesics, F.A.C.T. and DBR [Defense Barrier Removal] have no real substance or credibility;
(12) any statement that any of the enjoined parties has “heard from” current or former CVSA examiners that there are serious flaws with the CVSA;
(13) any statement that some purported 2007 study found serious design flaws with the CVSA that will produce flawed patterns/incorrect results;
(14) any statement suggesting that CVSA tests were affected/ruined by persons holding the microphone during the test;
(15) any statement that Plaintiff’s recertification courses are ‘bullshit’ type classes and the same information taught in Plaintiff’s original training courses;
(16) any statement suggesting that Plaintiff ‘stole’ or misappropriated Dektor’s technology; and/or
(17) any suggestion that Plaintiff was somehow banned from advertising in insurance magazines or stopped advertising as a result of a drop in sales to law enforcement.
(b) Making any oral statement (whether in-person, telephonically, or otherwise) to any entity (including any law enforcement agency or government agency) or person which contains any false or disparaging remarks or statements about Plaintiff, its CVSA product, or Plaintiff’s founder/President, Charles Humble – including, but not limited to, the examples provided in subparagraph (a) above.
(c) Publishing or posting any website, blog, or other writing accessible via the internet which contains any false or disparaging remarks or statements about Plaintiff, its CVSA product, or Plaintiff’s founder/President, Charles Humble – including, but not limited to, the examples provided in subparagraph (a) above. For the avoidance of doubt, this includes all information published on the www.NITVCVSAexposed.com website, all information published on the http://www.dektorpse.com/information/cvsa/ sub-page, and all mentions of Plaintiff/CVSA/Humble on http://www.dektorpse.com/information/imitations/. The enjoined parties shall immediately remove the aforementioned information from the subject websites (to the extent still there) and shall immediately remove from public view/unpublish the www.NITVCVSAexposed.com website in its entirety (to the extent still published). To be clear, the above-referenced content is not to be published or re-published on any website, blog, or other writing accessible via the internet and Defendants shall not do so or cooperate or assist any person with doing so.
(d) Representing or suggesting, explicitly or implicitly, that Dektor and Dektor Counterintelligence and Security, Inc. have any relationship or affiliation, that Dektor has been in business since 1969, that Dektor and Dektor Counterintelligence and Security, Inc. have cooperated in any way, or that Dektor’s PSE product is in any way related to the PSE product sold by Dektor Counterintelligence and Security, Inc.
(e) The Court cautions that well-proven intentional violations of the permanent injunction will be treated very seriously.
Law Enforcement Professional Development Conference Hits New Highs, Including Solving 37-Year-Old Cold Case Homicide
WEST PALM BEACH, FL/PRNewswire/ — A record number of Law Enforcement investigators from across the U.S. attended the 31st annual Professional Development Conference in Orlando, FL, last week co-hosted by NITV Federal Services (NITV FS) and the National Association for Computer Voice Stress Analysts (NACVSA).
The Computer Voice Stress Analyzer® was first introduced in 1988. At the conference, NITV Federal Services unveiled the latest version of the CVSA®, the CVSA III, to rave reviews by the attendees. The CVSA III is the latest in technology in truth verification/lie detection and is now considered the ‘Gold Standard’ as an investigative tool in the law enforcement community, displacing the old polygraph. With over 2,000 law enforcement agencies and 7,000 examiners utilizing the CVSA, including the Atlanta P.D., Miami-Dade P.D., New Orleans P.D., Kansas City P.D., California Highway Patrol, Nashville P.D., and the US Federal Courts, the CVSA has become the most sought after investigative tool available for investigations.
During this year’s conference, D/Lt. Stephen with the Coles Co. (IL) Sheriff’s Dept. discussed a 37-year- old Cold Case Homicide that was recently solved utilizing the CVSA. A young woman was brutally murdered in 1980 and although several suspects were developed, there was never enough evidence to make an arrest. Following her department’s acquisition of the CVSA, D/Lt. Stephen called one of the suspects, who was now 70, and requested his help in going through a box of evidence to see if they could come up with any new leads. The suspect agreed and while they reviewed the evidence, D/Lt. Stephen asked the individual if he would take the CVSA exam to screen him out of any further suspicion. He agreed. After the exam D/Lt. Stephen let him see the CVSA charts, which clearly indicated deception, and he confessed to murdering the young woman 37 years ago. Without the CVSA, the murder would have never been brought to justice and the family would never have had closure.
Also during the conference, Atlanta Police Det. Cliff Payne was presented with the prestigious James L. Chapman Award for Excellence by the NACVSA. The James L. Chapman award is named for the late Prof. Jim Chapman who co-authored the 18-year, peer reviewed, published study of the CVSA that conclusively established the accuracy of the system to be above 97%. Prof. Chapman was Professor Emeritus of Criminal Justice at State University of New York (SUNY) and the former Director of the Forensic Crime Laboratory at the State University of New York at Corning.
The Founder of NITV FS and developer of the CVSA, Dr. Charles Humble, presented Miami-Dade Police Det. Lisa Moraleswith the Founder’s Award. The Founder’s Award is presented each year to a CVSA examiner that has dedicated his or her career to ensuring only the guilty are prosecuted and the innocent are absolved. Det. Morales has been a CVSA examiner for 20 years and has distinguished herself with her dedication, integrity and determination. Det. Morales’ tremendous success with the CVSA helped convince the US Military to deploy the CVSA to Guantanamo Bay to assist in interrogating terrorist suspects. Subsequently, valuable actionable information was obtained from the detainees saving many American lives.
Many of the attendees at this year’s conference have already registered for next year’s conference also to be held in Orlando January 6-10, 2020.
Law Enforcement Embracing Improved Accuracy and Efficiency of New Crime Fighting Technologies
DNA and Computer Voice Stress Analysis Help Clear the Innocent, Find the Guilty
LEWES, Del./PRNewswire/ — Innocent people are being exonerated in record numbers as new technologies such as DNA become more sophisticated and the Computer Voice Stress Analyzer (CVSA) is increasingly being used for truth verification instead of the old polygraph. This is according to Clifford Payne, an Investigator with the Atlanta (GA) Police Department who also serves as a Regional Director of the National Association of Computer Voice Stress Analysts, an organization representing the nearly 2,000 US law enforcement agencies that utilize the CVSA.
“As law enforcement professionals, our main goal is to make sure only the guilty are prosecuted,” stated Payne. “With the refinement of DNA testing we are now better able to accurately determine where the criminal justice system failed in the past as innocent men and women, some whose lives are ruined forever, are being released from prison on a regular basis. This is in no small part due to organizations such as the Innocence Project, improved DNA testing, and the help of technologies such as the CVSA.”
Miami-Dade (FL) Police Det. Lisa Morales is among the thousands of detectives that have experienced this first hand. Det./CVSA Analyst Lisa Morales reported that a female subject was accused of repeatedly stabbing her ex-boyfriend and children’s father. There was an adult male witness that implicated the female and uniformed officers were poised to arrest her based on both men’s statements even though the female insisted that she was being “framed” by the two men. The investigating detective just had one of those feelings and asked if Det. Morales would run a CVSA exam on the female. She passed and the “witness” ultimately confessed that he stabbed his uncle and they conspired to have the female falsely arrested so that the father could get custody of the children because the female refused to reconcile with him. According to the NACVSA, this is just another example of the CVSA exam being used to clear someone rather than implicate them. (Read more Real Cases.)
Payne stated that before the CVSA, law enforcement had to rely on the old polygraph. “Our main problem was that 30% of polygraph examinations are ‘inconclusive’, meaning that there were no discernible results. With the CVSA, there are always correct results 100% of the time. When you also take in to account that it takes eight weeks to train a polygraph examiner and only five days to train a CVSA examiner, plus the fact that polygraph exams take between 2-3 hours and the CVSA exam can be performed in 1 hour with perfect results, it is clear which system to use.” The Atlanta Police Department discontinued the polygraph in 2003 in favor of the CVSA.
Major US law enforcement agencies such as those in Atlanta, New Orleans, Nashville, Baltimore, and Miami, as well as the California Highway Patrol, depend upon the CVSA to investigate criminal cases as well as for screening police applicants. “As an investigative and decision support tool the CVSA has proven itself to be invaluable to law enforcement,” stated Lt. Kenneth Merchant, of the Erie, PA Police Department, who serves as the Legislative Affairs Director for the NACVSA.
For further information on the CVSA visit CVSA1.com or call 561-798-6280.
Government Security News Magazine
Federal judge approves computer voice stress analysis to monitor sex offenders
By: Ashley Bennett
A recent ruling from a U.S. Federal court judge may require sex offenders to submit Computer Voice Stress Analyzer (CVSA) examinations throughout the post-release supervision process. Northern District of New York Chief Judge Norman Mordue ruled that the CVSA examinations are comparable to the polygraph examinations that are accepted as means of monitoring sex offenders under post-release supervision by the 2nd U.S. Circuit Court of Appeals. “As an investigative and decision support tool the CVSA has proven itself to be invaluable to law enforcement,” said Lt. Kenneth Merchant, a member of the Erie, PA police department and legislative affairs director for the National Association of Computer Voice Stress Analysts (NACVSA). CVSA technology is designed to function like a verbal lie detector test. The computer system records and analyzes voice samples to detect the presence of stress and tension in a person’s voice. The presence of certain amounts of stress in the voice can alter the vocal pattern and serve as an indication of deception. A recent DoD survey of law enforcement officials that used CVSA technology revealed that 86 percent found it to be “very” or “extremely” accurate. This survey also revealed that CVSA had “a very small error rate” of less than half a percent and that the majority of the deceptive results were validated by obtaining confessions. CVSA technology is currently in use throughout various law enforcement agencies across the country in Miami, Atlanta, Baltimore, New Orleans, and Nashville. Some of the testimony during Chief Judge Mordue’s court ruling also mentioned that nearly 1,800 law enforcement agencies throughout the U.S. have CVSA technology. Law enforcement agencies use the technology to screen candidates applying to work for the police department, to monitor offenders, and to pursue criminal investigative work.
18-Year Field Study Validates Truth Verification Technology
Lewes, DE — (SBWIRE) A newly published research study in the 2012 annual edition of the scientific journal Criminalistics and Court Expertise reports the accuracy rate of the Computer Voice Stress Analyzer (CVSA®) is greater than 95%, an assertion long made by the system’s manufacturer. The study’s results are further bolstered by current US Government funded voice analysis research which has established voice technologies performed well for border security applications.
The CVSA has been available to law enforcement agencies in the US since 1988, first as an analog device, and since 1997 in a digital version. The CVSA is the only Voice Stress Analyzer in the world with two US Patents and the only system worldwide incorporating the FACT® scoring system, which uses scientifically validated processes to reliably and precisely evaluate the results of CVSA examinations. The CVSA is now used by close to 2,000 agencies and is the most widely used truth verification system in the US.
The 18-year field study was conducted by the recently deceased Professor James L. Chapman. The study, titled “Long-Term Field Evaluation of Voice Stress Analysis In a North American Criminal Justice Setting” is the crowning achievement of Professor Chapman’s legacy. Professor Chapman was known as the world’s foremost authority on the application of Voice Stress Analysis technologies, and at the time of his passing he also served as the Director of Standards and Training for the National Association of Computer Voice Stress Analysts (NACVSA), the world’s largest professional association of Voice Stress Analysis practitioners. His career spanned over 40 years as a criminologist, educator and researcher, during which he conducted more than 15,000 Voice Stress Analysis examinations. The study’s co-author, Marigo Stathis, a neuroscientist and research analyst, has been the primary or co-author of 27 published scientific articles and studies focusing on various topics related to the human brain and biology.
Professor Chapman used the CVSA to conduct the research and the results achieved were highly consistent throughout the period the study’s data were collected. The study’s findings revealed the CVSA, when used as an investigative support tool, can accurately predict whether a person under investigation is being truthful or deceptive. The study’s findings are supported by scientifically-accepted statistical models, and by the 96.4% validated confession rate Professor Chapman attained during the course of the 18-year study. According to current scientific research and meta-analyses, police confession rates worldwide vary between 20-45%, with even the most experienced police interviewers only achieving a 50-55% confession rate. Empirical data collected by the CVSA’s manufacturer, US law enforcement and US military CVSA users have long supported such findings; however, this is the first independent and peer reviewed scientific study to validate these data. Additional studies and research are planned for the future.
For further information please contact Carol Graham, Administrator for the NACVSA at firstname.lastname@example.org.