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Compliance Corder covers articles related to employment decisions due diligence.

What laws require or influence background screening of volunteers?

Whether a volunteer is required by law to submit to a background check depends on the type of organization for which the volunteer work is performed. Several state and federal laws regulate health and public safety organizations, some of which require screening of both employees and volunteers. There are also other laws that provide protection to at-risk populations, especially children. One such law allows the public to access information about convicted sex offenders. For more information and a link to state sex offender registries, see the U.S. Department of Justice’s Child Exploitation and Obscenity Section at http://www.usdoj.gov/criminal/ceos/index.html.

The laws that facilitate an organization’s screening of volunteers are the Volunteers for Children Act of 1998 (VCA) Public Law 105-251, which amended the National Child Protection Act of 1993 (NCPA), 42 USC § 5119(a) a.k.a. “Oprah’s Law” allowing volunteer organizations to access federal criminal records, and the Fair Credit Reporting Act (FCRA), 15 USC §1681, if a background check is performed by a third-party background screening firm.

June 30th, 2010|Categories: Compliance Corner for Employment Decisions|Tags: , , |

What are “specialty consumer reports?”

“Specialty consumer reports” are compiled by specialty consumer agencies for targeted users such as insurance companies, employers, and landlords. The agencies collect information from a variety of sources and may include civil and criminal records, credit history, bankruptcy filings, driving records, business relationship information with banks or insurance companies, and even medical information.

Most consumers are unaware of the existence of a “specialty consumer report” unless they have been denied a job, insurance, or housing rental. The Fair Credit Reporting Act (FCRA) imposes certain obligations on the specialty reporting agencies, the users of such reports, and those that furnish information for the reports. (See  http://www.ftc.gov/bcp/edu/pubs/business/credit/bus33.shtm for more information.) When adverse action is taken based on the information in the report, the FCRA mandates that users of specialty consumer reports provide to the subject an “adverse action notice” along with a free copy of the report. The subject also has the right to dispute inaccurate information.

June 30th, 2010|Categories: Compliance Corner for Employment Decisions|Tags: , , |

Alert Regarding Sexual Offender Data

A new California case came out March 23, 2010 that gives a background firm protection when it reports sexual offender data from the Megan’s Law Web site, and also clarifies that the prohibition of using sex offender registration information for employment does not apply when there is a person at risk.
For a quick review of the case, see:
http://www.esrcheck.com/wordpress/1440/california-case-protects-constitutional-right-of-background-screening-firm-to-report-sex-offender-registration.
The actual case can be found at:
http://www.courtinfo.ca.gov/opinions/documents/B214653.PDF

March 26th, 2010|Categories: Compliance Corner for Employment Decisions|Tags: |

The Fallacy of a National Criminal Database

 

Scherzer International is occasionally asked about the availability of a non-law enforcement “national criminal database” as some of our competition offers this service. The fact is that no such database exists.

The FBI maintains the only comprehensive national criminal database and access to it is restricted to law enforcement agency use. The information offered by private vendors as a “national criminal database” is incomplete, unverified and unreliable for any purpose other than as a supplemental tool.  The reason that these databases are of such little value lies in the fact that there is no central criminal record database for the United States other than the FBI. Even the FBI records are not totally accurate as they are based on fingerprint data which is not always submitted in a consistent or usable manner.

There are also wide variations in the reporting standards and requirements of individual states as well as local jurisdictions within the states. Thus, although a “hit” may appear in this type of database, it should only be used as an indicator that there may be a criminal record. Further research must be conducted to verify this information. Similarly, if there is no “hit” in a national criminal database, this does not mean that the subject has a clean criminal record as the FBI estimates that less than half of all state criminal records make it into any national database. Based on the variation in record accuracy and reporting it is clear that a “nohit” result in a “national criminal database” is of virtually no value. As a reminder, the Fair Credit Reporting Act (FCRA) requires that Pre-employment investigators always follow all “reasonable procedures to assure maximum possible accuracy” of information we present to the client. (FCRA 607b) FCRA Section 613 (a) (2) also requires “that the information is complete and up to date.” Pre-employment investigators should keep these requirements in mind whenever a Consumer Report is prepared. The requirements of the FCRA do not apply to the Business Background or

Prospective Client Investigations. The Fallacy of a National Criminal Database

August 26th, 2009|Categories: Compliance Corner for Employment Decisions|Tags: , , |

The not-so-good deeds of a charitable organization director…

As part of a business transaction for an accounting firm, SI was engaged to investigate one of the most respected charitable organizations in the US. The organization itself showed many years of humanitarian service, but among its countless good deeds, SI uncovered the not-so-charitable actions of a former chapter director. In 2008, this individual was sentenced to six years in a federal prison following his conviction on 15 counts of fraud, money laundering and interstate transportation of stolen property. The fraud charges involved swindling an Ohio man out of more than $9 million in a bogus investment scheme.

Additionally, in 2006, the Utah Division of Securities had fined the subject $60,000 and obtained a default cease-and-desist order barring him from future acts of securities fraud in an unrelated matter. Court records also revealed that the subject had convictions for grand theft and forgery dating back to the 1980s. By employing a risk management strategy like our client’s, the charity would have avoided its association with a felon, and thus prevented significant expenses and continuing embarrassment.

August 24th, 2009|Categories: Compliance Corner for Employment Decisions|Tags: , |

One of the largest employment tax-fraud cases in IRS history

 

Our investigation, which included manual civil and criminal record searches and searches of media sources, revealed that the subject company and four of its subsidiaries are under federal indictment for conspiracy and wire fraud as part of a multimillion dollar tax fraud scheme orchestrated by the companies’ founder. This individual recently was sentenced to over 20 years in prison and ordered to pay restitution of $180 million to the Internal Revenue Service after pleading guilty to five felonies including failure to collect and pay payroll taxes and obstructing a federal investigation. It is reportedly one of the largest employment tax-fraud cases in IRS history. Before the sentencing, the individual attempted to justify his actions by claiming insanity.

The subject company and its subsidiaries also were defendants in dozens of lawsuits for fraud and breach of contract with damage claims totaling over $220 million, in addition to filing for Chapter 11 bankruptcy. Several motions had been filed to dismiss the bankruptcy proceedings, one of which was made by the company’s former accountants who were sued for professional negligence. In court papers, the accountants asked that the case be dismissed or converted to a Chapter 7 because “the only reason the debtor filed the petition was in an effort to help (the founder’s) criminal case.” The motion to dismiss also argued that the company has no chance to successfully reorganize because it is a “sham company used only for illegal activities,” has no remaining employees and no income.

July 14th, 2009|Categories: Compliance Corner for Employment Decisions|Tags: , , , , |

New SHRM Reports Highlight Trends in Employee Benefits, Job Satisfaction, and Job Hunting in 2009

 

NEW ORLEANS, June 29 /PRNewswire-USNewswire/ — The Society for Human Resource Management (SHRM) yesterday released new data that details employees’ thoughts on job risk in the current economy, overall job satisfaction, and recent trends in employee benefits.

http://news.prnewswire.com/ViewContent.aspx?ACCT=109&STORY=/www/story/06-29-2009/0005051865&EDATE=

June 29th, 2009|Categories: Compliance Corner for Employment Decisions|Tags: |

Your Risk Management Partner … Because Integrity Matters

 

The past few months have witnessed appalling stories of con artists who bilked billions of dollars out of people, business, and charitable foundations. These white collar thieves were not just in banking and on Wall Street; they were in health care, retail, oil and refining, military supplies and other fields. In short, the effects of these cons have been felt on every street in America and beyond.

Do these stories indicate that business crime has increased in recent years, or are we simply more effective in catching the perpetrators? Perhaps it is a combination of both, but these cases point to the importance of internal controls through due diligence and risk management.

Scherzer International (SI) has a proven reputation for accuracy, expertise, quality and speed in risk management. As part of a Risk Management Program we provide background reports with search strategies designed for each client’s risk level. Our highly trained research analysts review and summarize public records for both individuals and companies and deliver a comprehensive, easy-to-read report targeted on the client’s purpose of investigation.

SI’s trusted reputation was proven once again recently in two highly publicized cases involving fraud, money laundering and drug related crimes. Years before news broke on the cases; SI identified these individuals as a potential risk for two of our clients. Based on our reports, our clients (one a financial services firm and one an accounting firm) made the informed decision not to engage in business with these individuals. In one case, the subject of our investigation was arrested and convicted of drug related crimes, money laundering and involvement in organized crime. In the other case, the federal government charged the subject with illegal financial dealings, investments that could not be traced and altering financial records.

It is difficult to quantify just how much SI’s background report saved these companies in what could have been very costly and damaging decisions. What we can say is that our clients feel confident that we are an integral part of their Risk Management Program.

Your Risk Management Partner … Because Integrity Matters

June 25th, 2009|Categories: Commercial Transactions Due Diligence, Compliance Corner for Employment Decisions|Tags: , |
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