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Thursday, July 3, 2008 - 6:18 pm ET
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Franchise Complaint: Lyons & Wolivar Investigations

l-w-investigations.gif(Best Franchise Opportunities) With 55 active offices, L&W Investigations, Inc. aka Lyons & Wolivar claims to be the foremost private investigations franchise specializing in  fraudulent insurance claims.  According to the company, L&W investigators are highly trained specialists equipped with state-of-the-art surveillance technologies and other advanced systems to provide second-to-none results and service. That includes online case status reports, video delivery by digital download or CD, DVD or VHS tape, rush services at no extra charge and much more.

However, at least one franchisee posting on Rip-Off Report believes that L&W Investigations, Inc. aka Lyons & Wolivar is the one that should be investigated, claiming:

I and a lot of other people around the U.S. purchased franchises for ‘L&W Investigations’ (formerly known as ‘Lyons & Wolivar Investigations’ based in CA and now) currently out of Westborough, MA. We are currently involved in a legal dispute with them as a joint group of franchisees claiming they committed misrepresentation and fraud.

My decision to purchase (my second franchise) was based on a year and a half search of current, new start up and franchised businesses. I decided on the L&W franchise as I believed it to be unique, related to my own personal experience, somewhat easy to operate from home and primarily because of what I was told by L&W owners and personnel…

…I based a lot of my decision to get involved in this franchise on the representations and information supplied by the franchisor. The three main owners at that time, Neal Lyons, Stuart Larimer and Scott Crowell all gave adequate (and apparently rehearsed) answers to any questions I or my wife asked.

The list of some thirty questions that I asked them in our final meeting before deciding to get involved answered everything I needed to know about their franchise. But again, I was given misinformation and lied to.

A main question I asked the franchisor (with my wife in the room as a witness at the time) was there any former/pending or on-going litigation/arbitrations/disputes I needed to know about? Their answer, ‘No’. This was a lie, because I later found out that they had, in fact, been in arbitration with at least one other franchisee and were in dispute with at least two or three other franchisees that were threatening to sue them at the time I was performing my due diligence. If I had received a truthful answer then I would not have bought an L&W franchise to begin with. Unfortunately, I believe that the franchise agreement/UFOC and franchise law would protect me. It didn’t. Apparently, I found out after that franchisor’s do not have to disclose arbitration/lawsuits etc. if they determine it is not warranted.

I was given financial information that was not accurate, told other branches were making serious profit, that top-notch former FBI agents would provide initial and on-going training/support, that the franchisor had multiple major national accounts and were adding new ones everyday and that they were somehow different from all the other investigative firms in the industry because of their unique ‘reports’ and ‘processes’. Some of this was misrepresntation but a lot was out and out dishonesty.

To date I know of more than a dozen franchisees whom some have spent their entire life savings in purchasing an L&W franchise that have gone broke, lost their homes, faced divorces, and have severe life threatening health problems due to these lies and misrepresentations by L&W and its owners and employees…

I am writing this to let people know that they need to do their own investigation of this company before getting involved with them. And most importantly, do not to believe anything that the owners or employees tell you. If you want the truth, ask around first, talk to all of their current and former franchisees and you’ll see what I mean.

WHAT DO YOU THINK?  ARE YOU FAMILIAR WITH THE LYONS & WOLIVAR INVESTIGATIONS / L&W INVESTIGATIONS FRANCHISE?  SHARE YOUR INSIGHT BELOW.

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Thursday, July 3, 2008 - 6:18 pm ET
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33 Comments

  1. Sean Kelly

    I have faith that you would not market a bad franchisor with high failure rates of first generation franchisees and low profitability or no profitability for a large percentage of the system.
    I would not and have not. That’s the good news, Carol. I’ve been able to work in this industry for 20 years and have not had trouble finding plenty of franchisors who were honestly seeking to succeed via win-win relationships.
    I’ve written 100+ franchise brochures and have never included illegal earnings claims or promises of success.
    That’s why I object to the broad brush with which you paint all franchisors. The rules are definitely one-sided, but many don’t abuse it. The ones who do should be outed and held accountable.

    I believe, however, that the L&W franchisee had the courage of his convictions and was angry because the “law” had already been used against him to try to silence him…
    I think there’s a difference between “rage” and “courage.” The franchisee violated the trust that others put in him by posting private correspondence without permission. He disregarded his wife’s and attorney’s pleas. In the end, I believe his approach will prove ineffective as well as selfish.

    …this is a declaration of war and the only gun he had with which to fight back was the gun of “free speech.”
    I sure hope that’s true.

    Reply

  2. Neal Lyons

    DATELINE: WESTBOROUGH, MA…Neal Lyons, CEO of LWI, Inc. aka Lyons & Wolivar and L & W Investigations, Inc. is facing numerous lawsuits filed in multiple states. Neal Lyons, Anne Lyons, Scott Crowell, Mark Green and Stuart Larimer are named in these suits.

    It is currently reported that there are at least three plaintiff’s in California, Two plaintiffs in Nevada and several more in the works across the nation according to sources close to the struggling franchise.

    On March 19, 2009, California Plaintiff’s S. Butler, S. Hale, R. Unz and Northern California Investigative Services, LLC.
    Filed a Breach of Contract lawsuit.

    SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE. Case number 30-2009-00120252-CU-BC-CJC.
    Original filings may be viewed at https://ocapps.occourts.org/CivilPubv2/Login.do
    And searched by case number or parties by name.

    On March 26, 2009, Nevada Plaintiff’s D. Walker and WN Holdings, LLC. Filed similar charges in the DISTRICT COURT OF CLARK COUNTY NEVADA.
    Case number 09-A-583714. Original filings may be viewed at:
    http://courtgate.coca.co.clark.nv.us/DistrictCourt/asp/CaseNo.asp

    Reply

  3. (Not) N. Lyons

    FOR IMMEDIATE RELEASE
    CONTACT: Neal Lyons, LWI, Inc. (508) 616-9370, neall@lwinvestigations.com

    Lyons & Wolivar, Inc. DISSOLVED! LWI, Inc. emerges as Neal Lyons seeks refuge under the Nevada Corporations Code as it is now facing numerous lawsuits from across the nation!

    DATELINE: WESTBOROUGH, MA…Neal R. Lyons, CEO of LWI, Inc. aka Lyons & Wolivar and L & W Investigations has dissolved its 2002 parent California Corporation.
    On January 21, 2009, Lyons & Wolivar, Inc. was “merged out” as a California Corporation and is now identified as LWI, Inc. a Nevada Corporation.

    It is currently reported that there are three plaintiffs in California, Two plaintiffs in Nevada and several more in the works to be filed next week from across the nation according to sources close to the franchise. Neal Lyons, Anne Lyons, Scott Crowell, Mark Green and Stuart Larimer are named in these suits.

    On March 19, 2009, California Plaintiff’s S. Butler, S. Hale, R. Unz and Northern California Investigative Services, LLC.
    Filed a Breach of Contract lawsuit alleging the following;
    1. VIOLATION OF CALIFORNIA FRANCHISE INVESTMENT LAW;
    2. VIOLATION OF CALIFORNIA FRANCHISE INVESTMENT LAW;
    3. INTENTIONAL MISREPRESENTATION;
    4. NEGLIGENT MISREPRESENTATION;
    5. FALSE PROMISE;
    6. FRAUDULENT SUPPRESSION OF FACT;
    7. UNFAIR BUSINESS PRACTICES;
    8. BREACH OF CONTRACT;
    9. BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING
    10. UNJUST ENRICHMENT

    SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE. Case number 30-2009-00120252-CU-BC-CJC.
    Original filings may be viewed at https://ocapps.occourts.org/CivilPubv2/Login.do
    And searched by case number or parties by name.

    On March 26, 2009, Nevada Plaintiff’s D. Walker and WN Holdings, LLC. Filed similar charges in the DISTRICT COURT OF CLARK COUNTY NEVADA.
    Case number 09-A-583714. Original filings may be viewed at:
    http://courtgate.coca.co.clark.nv.us/DistrictCourt/asp/CaseNo.asp

    Reply

  4. NRL

    FOR IMMEDIATE RELEASE
    CONTACT: Neal Lyons, LWI, Inc. (508) 616-9370, neall@lwinvestigations.com

    L&W Investigations, Lyons & Wolivar, LWI, Inc. SUED by Virginia Franchisee!
    Neal Lyons is now facing numerous lawsuits from across the nation!

    DATELINE: WESTBOROUGH, MA…Neal R. Lyons, CEO of LWI, Inc. aka Lyons & Wolivar and L&W Investigations is facing another lawsuit from an unhappy Franchisee out of Virginia.

    On April 8, 2009, Virginia Plaintiff M. Giere and MCG Enterprises, Inc. filed a lawsuit in the CIRCUIT COURT OF THE COUNTY OF FAIRFAX VIRGINIA.
    Case number 2009-05161 citing the following;
    1. VIOLATION OF VIRGINIA RETAIL FRANCHISING ACT;
    2. FRAUD;
    3. FRAUDULENT SUPPRESSION OF FACT;
    4. UNLAWFUL OFFERS;
    5. FALSE PROMISE;
    6. PROHIBITED PRACTICES;
    7. BREACH OF CONTRACT;
    9. UNJUST ENRICHMENT.

    L&W Investigations, Lyons & Wolivar, LWI, Inc. are also facing three plaintiff’s in California, Two plaintiffs in Nevada, One Plaintiff in Utah and several more in the works from across the nation according to sources close to the struggling franchise. Neal Lyons, Anne Lyons, Scott Crowell, Mark Green and Stuart Larimer are named in these suits.

    BUYER BEWARE!
    “DUE YOUR DUE DILIGENCE”

    http://www.lwinvestigations.wordpress.com

    Reply

  5. Carol Cross

    We can see that Mr. Lyons is very comfortable in his legal position and it was nice of him to make sure that the lawsuits against him appear on the Franchise Pick Site. He is, of course, innocent until found guilty.

    Apparently, because there are 24,000 Search Results under L&W Franchise, and only one or two of them are negative, Mr. Lyons is very comfortable in reporting the lawsuits against him and his recent move to Nevada on Franchise Pick. The law of averages provides that only a few of the investigating prospective franchisees will find the negative comments in their due diligence searches among 23,998 POSITIVE press releases and articles about L&W that are now on the Internet and that are permitted and protected under the FTC Rule.

    It can never be said that Mr. Lyons is trying to hide his track record as far as lawsuits are concerned, and I’m sure he intends to use his “transparency” to his advantage in these lawsuits.

    People like Mr. Lyons have been what has made franchising so successful these past thirty years!

    Reply

  6. NRL

    FOR IMMEDIATE RELEASE
    CONTACT: Neal Lyons, LWI, Inc. (508) 616-9370, neall@lwinvestigations.com

    L&W INVESTIGATIONS, LYONS & WOLIVAR, LWI, INC.
    DENIED ABILITY TO SELL FRANCHISES IN CALIFORNIA!

    DATELINE: WESTBOROUGH, MA…Neal R. Lyons, CEO of LWI, Inc. aka Lyons & Wolivar and L & W Investigations was DENIED the legal authorization to market any franchise offering within the State Of California. California Department of Corporations has DENIED Lyons renewal application indefinitely due to their extremely poor financial condition.

    For more information, please contact the California Department of Corporations directly at 866-275-2677.

    Lyons is also facing catastrophic lawsuits from victim Franchisee’s across North America. Neal Lyons continues his attempt to Market Franchises to the Trusting and Ill-informed Consumer.

    On April 10, 2009, Utah Plaintiff B. Sampson filed a lawsuit in the
    FIFTH DISTRICT COURT, WASHINGTON COUNTY, STATE OF UTAH.
    Citing the following;
    1. BREACH OF CONTRACT;
    2. UNJUST ENRICHMENT;
    3. BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING;
    4. FRAUD.

    On April 8, 2009, Virginia Plaintiff M. Giere and MCG Enterprises, Inc. filed a lawsuit in the CIRCUIT COURT OF THE COUNTY OF FAIRFAX VIRGINIA.
    Case number 2009-05161 citing the following;
    1. VIOLATION OF VIRGINIA RETAIL FRANCHISING ACT;
    2. FRAUD;
    3. FRAUDULENT SUPPRESSION OF FACT;
    4. UNLAWFUL OFFERS;
    5. FALSE PROMISE;
    6. PROHIBITED PRACTICES;
    7. BREACH OF CONTRACT;
    9. UNJUST ENRICHMENT.

    On March 19, 2009, California Plaintiff’s S. Butler, S. Hale, R. Unz and Northern California Investigative Services, LLC.
    Filed a Breach of Contract lawsuit alleging the following;
    1. VIOLATION OF CALIFORNIA FRANCHISE INVESTMENT LAW;
    2. VIOLATION OF CALIFORNIA FRANCHISE INVESTMENT LAW;
    3. INTENTIONAL MISREPRESENTATION;
    4. NEGLIGENT MISREPRESENTATION;
    5. FALSE PROMISE;
    6. FRAUDULENT SUPPRESSION OF FACT;
    7. UNFAIR BUSINESS PRACTICES;
    8. BREACH OF CONTRACT;
    9. BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING
    10. UNJUST ENRICHMENT

    On March 26, 2009, Nevada Plaintiff’s D. Walker and WN Holdings, LLC. Filed similar charges in the DISTRICT COURT OF CLARK COUNTY NEVADA.
    Case number 09-A-583714. Original filings may be viewed at:
    http://courtgate.coca.co.clark.nv.us/DistrictCourt/asp/CaseNo.asp

    Neal Lyons, President / Treasurer, Anne Lyons, Secretary / Director,
    Scott Crowell, Director, Mark Green, Director and Stuart Larimer are named in these suits.

    For the most up to date comprehensive information, contact each independent franchise owner directly. BUYER BEWARE! “DUE YOUR DUE DILIGENCE”

    Reply

  7. Carol Cross

    Apparently, this June 1st Press Release by NRL (Neil Lyons) is a legal means of protecting the franchisor and permitting him to continue to legally sell franchises in the other States and localities where the sale of this franchise has NOT been barred by the action of the State regulators?

    Hopefully, all prospective buyers of this franchise find the negative comments and Press Releases among the thousands of positive Press Releases and Comments about L&W Franchise.

    If I remember correctly, this particular franchise opportunity was conceived around a dinner table and two retired FBI officers were original members of its Board of Directors but jumped ship when they “smelled” fraud in the air.

    Reply

  8. LWI Litigation

    FOR IMMEDIATE RELEASE
    CONTACT: Neal Lyons, LWI, Inc. (508) 616-9370, neall@lwinvestigations.com

    L&W INVESTIGATIONS, LYONS & WOLIVAR, LWI, INC. SUED IN FEDERAL COURT BY IT’S OWN INSURANCE COMPANY FOR MISREPRESENTATION!

    DATELINE: WESTBOROUGH, MA…Neal R. Lyons, CEO of LWI, Inc. aka Lyons & Wolivar and L & W Investigations was SUED in UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF MASSACHUSETTS by its own Errors & Emissions Insurance Company, NAVIGATORS SPECIALTY INSURANCE COMPANY on June 5, 2009.

    For more information, please contact the attorneys for the plaintiff directly:
    Katherine L. Kenny, Esquire
    BBO#637304
    PEABODY & ARNOLD LLP
    Federal Reserve Plaza
    600 Atlantic Avenue
    Boston, MA 02210
    (617) 951-2100
    (617) 951-2125 (facsimile)

    Richard A. Simpson
    WILEY REIN LLP
    1776 k Street, NW
    Washington, DC 20006
    (202) 719-7000
    (202) 719-7049 (facsimile)

    UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF MASSACHUSETTS
    __________________________________
    NAVIGATORS SPECIALTY INSURANCE )
    COMPANY, )
    Plaintiff, )
    v. ) Case No. 1:09-cv-10958
    LYONS & WOLIVAR, INC., LWI, INC., )
    NEAL LYONS, R. SCOTT CROWELL, )
    STUART LARIMER, ANNE LYONS, )
    MARK W. GREEN, STEVEN S. BUTLER, )
    STEPHEN D. HALE, RICHARDSON )
    BRADSHAW UNZ, NORTHERN )
    CALIFORNIA INVESTIGATIVE )
    SERVICES, LLC, WN HOLDINGS, LLC, )
    MICHAEL GIERE, MCG ENTERPRISES, )
    INC., and BRETT SAMPSON, )
    Defendants. )
    ______________________________________ )

    COMPLAINT FOR DECLARATORY JUDGMENT AND
    TO RESCIND CERTAIN INSURANCE POLICY

    Navigators Specialty Insurance Company (“Navigators”), for its Complaint for
    Declaratory Judgment and to Rescind Certain Insurance Policy, alleges on knowledge, information and belief as follows:

    NATURE OF THE ACTION

    1. Navigators files this action to obtain a judicial determination and declaration as to the parties’ rights and obligations under Miscellaneous Professional Liability Insurance Policy No. NY08MPL464728NC originally issued by Navigators to Lyons & Wolivar, Inc. (“Lyons & Wolivar” or the “Firm”) for the policy period April 1, 2008 to April 1, 2009 with the policy period later extended by endorsement to May 15, 2009 (the “Policy”). A true and correct copy of the Policy is attached hereto as Exhibit A.

    2. An actual and justiciable controversy has arisen and now exists relating to the parties’ respective rights, duties and obligations under the Policy.

    3. In particular, Navigators seeks a declaratory judgment (i) that Navigators is entitled to rescind the Policy because of material misrepresentations in the application for the Policy submitted by Lyons & Wolivar; (ii) that there is neither coverage for nor a duty to defend any insured against any claims tendered under the Policy, and in particular for claims asserted in connection with the Butler claim, the WN Holdings claim, the Giere claim and the Sampson matter noticed under the Policy as Claim Nos. MPL176456, MPL176740, MPL176965 and MPL177024, respectively; and (iii) that Navigators is entitled to recover amounts paid in settlement and defense costs in connection with claims tendered for coverage under the Policy.

    PARTIES

    4. Plaintiff Navigators is a corporation organized and existing under the laws of the State of New York and its principal place of business in New York, New York. Navigators legally transacts insurance business in the Commonwealth of Massachusetts and within the geographical jurisdiction of this Court.

    5. Defendant Lyons & Wolivar is a corporation organized under the laws of the
    State of California, with its principal place of business at 112 Turnpike Road, Suite 301, Westborough, Massachusetts 01581. Lyons & Woliver merged into LWI, Inc. (“LWI”) on or about January 21, 2009.

    6. Defendant LWI is a corporation organized under the laws of the State of Nevada, with its principal place of business at 112 Turnpike Road, Suite 301, Westborough, Massachusetts 01581. (Cont)

    Reply

  9. nosgas

    Wow, Dodged a bullet there, Thanks

    Reply

  10. Larry

    Please provide information related to L&W as I have been considering a franchise with L&W.

    Your attorneys advised you to stop postin on the internet but not from providing reliable information to potential franchisees.

    Thank you,

    Larry Tippner

    Reply

  11. Bruce

    Rod,

    I have also been considering a franchise with L&W. Any honest insight you can provide is appreciated. Thanks and God Bless.

    Bruce
    dbloh8@gmail.com

    Reply

  12. MassDAInvestigator

    By putting potatoes on a car, one is committing a crime known as entrapment and any useful video derived from the investigation would not be considered by a reasonable judge.

    If you have ever done investigative work, you will recall that there is a significant amount of conversation between client and investigator. In addition, there is a policy agreement which defines action/reaction based on different scenarios (e.g., been out 4 hours and not seen claimant – should I break off and come back the next day, keep watching, guess where they may be, etc.), so, unless the investigator is unethical, extra time would not be billed despite the apparent ease of doing so.

    Reply

  13. Carol Cross

    Hey, Sean!

    “What goes around, comes around.”

    I know you had to remove the comments of the retired Las Vegas Police Officer from Unhappy Franchisee (who was among the first to try to report that he was defrauded by L&W) because L&W filed a SLAPP suit against him) in California to try to silence him on the Internet, and you couldn’t afford to get involved.

    But, hopefully, his warnings stayed on long enough for some others to be saved from losing so much, and you did retain my responses, which, hopefully offered some warning to prospective franchisees.

    The warning of the retired police officer still remains on The Bad Bureau Rip Off Site because the owner won’t remove them but he does allow the corporation or the government entity to make a public rebuttal and correct the record, and apparently he wins the law suits filed against him because of our First Amendment Rights.

    Let’s hope that California Law brings some justice to this matter. But, you know the ABA Forum has been working on how to shut down public comments on the Internet.

    I believe California has some good anti-SLAPP laws and I am hoping this will mean good news for our retired police officer

    Reply