Foster Care Agency Terminated by L.A. County

The foster care agency that allowed a 2 year old girl to be placed with a woman who is now under investigation for the child's death was terminated as a foster facility by Los Angeles County in a unanimous decision last week.

United care oversaw 88 homes and 216 foster children and had been repeatedly cited in recent years as allegations of abuse escalated from choking, hitting, and whipping with a belt. In 2007 a child drowned while swimming unsupervised in a pool.

United Care was responsible for certifying the foster parents and checking regularly on the home. United Care certified Kiana Barker despite her criminal history.

Barker and her boyfriend were arrested earlier in March on suspicion of murder. Their foster child, Viola had been killed while trapped underneath a bed. Barker told investigators that she accidentally struck the child with a hammer while trying to free her. There were multiple bruises on her body and the child's death was ruled a homicide.

Barker had been the subject of five child abuse complaints, including on substantiated case involving her biological child. United Care knew of Barker's criminal record but did not believe it was a problem because she was deemed by state regulators to not pose a danger.

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Nurse Hides Deadly Criminal Past

Joseph Angelo Mannino was hired as a data entry clerk at Lehigh Valley Hospital in North Carolina in 2005 - 13 years after injecting his college roommate with a deadly cocktail of drugs.

He spent two years in prison on manslaughter charges. Mannino eventually became a registered nurse at the hospital before another employee alerted the hospital to his past indiscretions.

Lehigh Valley Hospital spokesman, Brian Downs says that Maninno lied to the hospital about his criminal history on both his job and school applications. A criminal background check was conducted on Mannino at the time of his hire in 2005, but it wasn't comprehensive and didn't cover convictions in other jurisdictions.

The hospital now runs national criminal background checks and Maninno admitted to hiding his conviction. His license was revoked in 2009.

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Police Chief Lies about Criminal Past

Fired by the Lewisville, Minnesota City Council last Wednesday, former police chief Dave Kleinschmidt had a criminal past and lied about his previous employment.

He lied to investigators about a car crash 2000 when he was a private citizen - that an unknown person had hit his car and fled, however, the person was a friend of Kleinschmidt's.

He was convicted of falsifying a police report - a conviction that was later overlooked when he was hired in February 2008. He was named police chief a year later. City officials don't agree on whether he passed a background check, the standard for all city employees. They cannot determine if council members were aware of his conviction before they hired him.

"The council has found that Mr. Kleinschmidt was not truthful, honest and candid with the council," the board wrote in a resolution to fire the chief.

City officials are considering disbanding the troubled Lewisville police department.

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Dear Liberty...Your Questions, Answered

Liberty received a great email the other day from a concerned employer:

"My current vendor for pre-employment background checks gave me an All-Clear on a candidate I screened in May 2009. The person has been employed at my company since then, but was recently arrested, ON SITE, for their active warrants!! When I contacted our vendor about it, they said the type of investigation we elected to implement didn't include the outstanding warrant! Of course, our company had no choice but to discontinue service, but my question to you is: How is it possible this wouldn't show up??"

There are many types of pre-employment criminal investigations, and they are not created equal. The type of search performed on your employee is not comprehensive and that is how records can be missed.

Many companies, especially in this day and age, choose these types of searches, called database searches, because they are less expensive. Be wary, often, when you're paying for less, you're getting less.

Liberty utilizes these database searches as well, but for very different reasons. Our QuickCheck search is a national criminal records search, but Liberty uses it as a pre-screening tool, a stop-gap measure that has the possibility to eliminate candidates in a matter of minutes.

Candidates that clear through the QuickCheck are sent on to perform a deeper more comprehensive background investigation that thoroughly searches criminal records from counties the candidate has resided in, and looks under any alias name we can find on the candidate.

Of course, that deeper investigation costs a legitimate amount more than our QuickCheck, but our clients know what they've got as soon as we do: peace of mind.

submit your questions here.

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Pittsburgh Company Employs Felons for Fundraising

Outreach Associates, Inc. appears to have violated a twenty-year old law making it unlawful anybody with a criminal history of dishonesty to solicit charitable donations.

Outreach president, Dennis McCarthy commented, "The statute was out there although Outreach operated apparently for decades without anybody saying anything. Ignorance is no excuse."

He went on to explain this his lawyers informed his criminals with offenses older than seven years with non-work related crimes could be employed.

10 employees with criminal backgrounds have been put on suspension. McCarthy pledged a thorough check of the company's 150 employees to determine whether anyone else has a criminal background.

The solicitors are provided their potential donors' home addresses and donation information, including the highest amount they pledged. Those who charge their donations provide the solicitors their credit card numbers.

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Missing Convictions, Why Database Searches are not Foolproof

It is always interesting to discuss what people do for a living. How we all come together from different walks of life and how each of participates in making the world work in it's strange and unique way.

I love being among a group of people that are casual acquaintances. Inevitably, the subject of profession arises. Pre-employment background investigations always receives a raised eyebrow or two, and the "wink" and elbow jab - "Don't pull my information! You don't want to know!"

I tend to think these types of comments are usually joking, however, one night a casual acquaintance had several probing questions for me. Turns out he was able to obtain a job though he had a felony level conviction on his record. He was probing me to find out how that could have happened,

"It's been so hard finding work since it happened, I know they did a background check, but I didn't disclose the information! And they didn't find it!"

The company probably ran a criminal "Database" search. Database searches are inexpensive, making them a great pre-screening tool. But more and more, especially as the economy continues to struggle, companies are relying solely on these searches to weed out former criminals.

But obviously, they're not catching everybody. Lucky for a few of the unemployed. When I asked my acquaintance the nature of his crime? Felony level fraud: Identity Theft.

He is currently employed at your local bank.

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Nurse Hides Murderous Criminal Past

When Nurse Charles Cullen admitted to killing 29 of his patients in Pennsylvania and New Jersey, you would think Pennsylvania authorities would get serious about screening procedures.

Just four years after Cullen's arrest, another murderous nurse slipped into the area's nursing ranks.

Joseph A. Mannino killed a friend by injecting a lethal dose of medicine into a system. He was convicted of involuntary manslaughter and was apparently attempting to treat his friend's headache.

After receiving his nursing degree, he began working at Lehigh Valley Hospital until authorities there fired him in 2008 after discovering "he had not revealed on his application for employment that he had been convicted of a felony in North Carolina."

Mannino told the nursing board he couldn't get a job due to the felony conviction, so he simply stopped revealing it "out of frustration."

According to the order that revoked Mannino's Pennsylvania nursing license, "when he applied to nursing school, a criminal background check failed to reveal his conviction in North Carolina and he testified that he then believed it was in the past and was no longer relevant."

The nursing school Mannino attending, St. Luke's, began doing national criminal background checks on all students in 2008, a year after Mannino graduated - at the top of his class.

Since 2001, St. Luke's checked criminal records through the state police, who only look for offenses in Pennsylvania. Only those students who had lived in Pennsylvania less than two years were checked at a national level.

Though Mannino was fired once knowledge of his criminal past came to light, there were no complaints against him, and there is nothing in his patient care records to raise any flags. "He was dismissed for lying on his application. His work here was satisfactory and we have no cause of concerns based on his work."

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NM Job Seekers Don't Have to Disclose Criminal Records

New Mexico Governor, Bill Richardson, became the second governor to sign into law a prohibition on criminal records disclosure.

The new law prohibits employment applications for government agencies from asking job seekers if they have been convicted of a crime. The measure covers job applications for state, county, or local government. Private businesses are not covered.

Employers may ask the question once they're face-to-face with applicants and they are still allowed to complete background checks on the candidates.

Minnesota passed a similar law in 2009. Both states took the measure to deter undue discrimination against those with a criminal past.

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Employee Fired after DWI Arrest

City Officials in Farmington, New Mexico are reconsidering the policy on criminal background checks after one employee was arrested in a DWI charge, revealing a significant criminal history.

Christos Derizotis, a court services coordinator for Farminton Municipal Court, was arrest on his seventh DWI charge on Feb. 21.

The DWI charge brought to light his extensive criminal past - aggravated battery, false imprisonment, criminal damage to property, impersonating a police officer among several others.

Donna Brooks, Human Resources Director for the city of Farmington said, "This will prompt us to do criminal background checks on probation type of people. We don't run criminal background checks on everyone, only those who handle money and IT people."

Derizotis drivers license was checked and revealed that the record was clean. The city also investigated his education history and check references.

Derizotis faces up to three years imprisonment and a $5,000 fine.

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Pain Clinic Raids - Florida

Three South Florida pain clinics were raided by Federal narcotics agents last week. They were suspected of sending painkillers along black-market pipelines to Kentucky and other Appalachian states.

American Pain - Lake Worth, Executive Pain and East Coast Pain Clinic - West Palm Beach watched as agents of the DEA, and sheriff's offices carted way boxes of records after serving the clinics with search warrants.

All three clinics are owned and operated by Christopher and Jeffery George - 29 year-old twin brothers with criminal records. The brothers were highlighted in a Miami Herald report for selling painkillers at a pace unseen elsewhere in the country.

The George brothers have been charged with felony levels crimes of theft, selling stolen property, resisting arrest, and possession of illegal substances.

No arrests have been made.

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Crimes Committed by Criminals

Each Wednesday, Liberty brings you Crimes Committed by Criminals, a new feature intended to highlight the most important reason to screen for criminals.

Most persons arrested for criminal offenses have prior arrest records, and many have arrest records in more than one state.(Federal Bureau of Investigation)

Marsha Kay Hardy - In jail since late December for unlawful possession of a controlled substance, unlawful manufacturing of a controlled substance and chemical endangerment of a child. Authorities believe Hardy and other were producing methamphetamine in the home while a 16-year-old juvenile was present.

Hardy now faces charges of criminal solicitation to commit murder. From a jail phone, a police detective overheard Hardy tell her 18-year-old son to "put a bullet in their head," and to "cut her throat, gut them like a fish and dispose of the bodies in Florida, and do it quick and clean." Hardy continued, "if he was going to do the thing he said he was, to do it quick and clean."

Hardy has been in and out of jail since 1995 on escape charges, forgery, criminal possession of a forged instrument.

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What Failure to Research Costs

In a strange case, Russian mail-order bride agency appears to have defrauded an American man, Kevin Linehan, out of over $50,000.

Linehan believes that the parent company of the organization, KGA International, had a hand in the disappearance of his investment, "I don't know anything about where the money went, all I know is it disappeared."

One of the corporate officials of KGA, Anthony Lawhon, denied any wrongdoing, "I absolutely, unconditionally was not involved with dealing or defrauding Mr. Linehan. He's a disgruntled investor...If he believes Mr. Nichols {another KGA official} did these things, I had no participation in it."

Linehan's lawsuit claims that Lawhon know Mr. Nichols had a criminal record for felony crimes involving fraud, but didn't tell the partners. Further research indicates that Nichols has an extensive history of fraud and embezzlement.

"Do you think I would have signed papers and let my money get transferred if I had known he was a criminal?" Linehan said. "Lawhon had a duty to disclose that were going into business with a criminal."

The cost of failing to protect yourself and your interests is just this, easily preventable possible fraud. Unfortunately, it appears that Linehan has a long battle back to obtain his investment, and he adds, he still hasn't found a wife.

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Crimes Committed by Criminals

Each Wednesday, Liberty brings you Crimes Committed by Criminals, a new feature intended to highlight the most important reason to screen for criminals.

Most persons arrested for criminal offenses have prior arrest records, and many have arrest records in more than one state.

(Federal Bureau of Investigation)

Daniel Vincent - 16 bank robberies - 5 years in Federal Prison

Released from federal custody in April 2008, Vincent faces new robbery charges after a car chase ended in a crash outside Lexington, KY.

Lexington's First Federal Bank was robbed at 11:27am on Friday, November 6. The man, dressed in black, implied he had a gun, collected money, and fled the scene in a black SUV exceeding 80mph before crashing. Vincent is being held on first degree robbery charges in Kentucky.

Vincent pled guilty to robbing 16 banks in a 20 month spree in November 2003. He took over $53,000 from the banks.

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Nightclub Workers in China to be DNA Tested

In a strange move nightclub workers are now subject to DNA testing in China. The Chinese government claims the DNA will help recover, identify, and trace victims of crime and kidnapping.

In addition to DNA testing, employees are required to provide fingerprints, photographs and writing samples to ensure employees don't have a criminal background.

"After the DNA collections, those without criminal records will be issued certificates for working in such venues," Long Shijun, deputy director of the local police station said justifying the move. The purpose is to improve surveillance of entertainment venues long considered a hotbed of crimes, he said.

"The records, which greatly help police identify suspects, will be sent directly to the city's comprehensive DNA database, to ensure the records will not be leaked," Long said.

Rightfully so, many are upset by the blatant disregard for privacy rights and the targeting of a specific sector of the population to anticipate crimes they might commit.

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Why do Background Checks?

There was a murderer in a Florida middle school for 3 years, undetected.

Curtis McRae, a 59-year-old school custodian, never tried to hide that he'd served about 15 years behind bars for killing a liquor store manager in the 1970s in a $100 robbery gone wrong. He wrote it on his school district application.

Under Florida law, McRae should have never been hired, but a recent investigation showed that he had inside help, someone pulling strings for him.

Jacqueline Clervan-Harrell "basically circumvented the process for him to come on board," said Darron Davis, Chief of Human Resources. She was also listed as a reference on his application.

Once discovered, McRae was found to have an extensive record, including the murder charges as well as a rape charge. His extensive criminal history ends with a final arrest in 1999.

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Obama Administration Cracking Down on Criminal Immigrants

Homeland Security Secretary Janet Napolitano is driving the changes to the immigration policy that is stalled in congress right now. The changes are primarily aimed at employers who hire undocumented workers with criminal records.

The recent administrative changes include:

• New guidelines directing immigration agents to target employers who hire illegal immigrants rather than simply arresting undocumented employees.
• A requirement that all local police agencies deputized to check immigration status and turn criminals over for possible deportation sign new agreements pledging to focus on those who pose a risk to public safety.
• The implementation of a rule that requires federal contractors to use E-Verify, an online employment-verification program.
• The expansion of a program that uses government databases during the booking process to find illegal immigrants in the nation's jails.

Article

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Massachusetts Bill To Limit Access to Criminal Records

Massachusetts Governor, Deval Patrick is supporting a bill to limit the expansion of criminal records. Records used to be limited to law enforcement, but then access was expanded to include employers and landlords.

The bill would tighten the level of access employers have to criminal records, essentially loosening the ropes that prevent criminals from Massachusetts from finding employment.


Business groups and other supporters of the existing system oppose the changes, saying they limit the ability of employers to screen job applicants.

A hearing is scheduled for Monday at the Statehouse.

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Las Vegas Hotel & Nighclub Lax on Background Checks

Planet Hollywood Resort & Casino has agreed to pay $500,000 find to Nevada gaming regulators for failing to properly police the private club, Prive, inside their resort.

In a settlement with the Nevada Gaming Control Board, Planet Hollywood agreed to pay another $250,000 in a year if changes are not made in the operation of the nightclub, which leases space in the resort. If no additional complaints are filed by then, the $250,000 payment will be waived.

Among other charges, Prive was accused of hiring employees with criminal records. Some employees have been accused of removing drunk club goers and dumping them in the Planet Hollywood Casino without help or supervision. Other have been accused of physically and sexually assaulting club goers.

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NY State Law Hides Criminal Records from Potential Employees

Convicted felons in New York now have the right to conceal their criminal records from potential employees, including school districts, day-care centers and nursing homes. Eligible convictions include drug sale and possession charges, as well as burglary and grand larceny charges.

Young offenders in the state of New York already have protection by being able to apply for the youthful offender status to have their records sealed. Many employers are upset that the new law hides even more criminal information from them.

Superintendent Michael Shea said he had not heard of the provision,"it seems there was very little, if any, public discussion about this."

Sen. James L. Seward, R-Oneonta, and Sen. John Bonacic, R-Mount Hope, are co-sponsoring legislation to repeal the provision, which Bonacic dubs the "Drug Dealers Protection Act" in a media release.

"This change defies all common sense because it would effectively wipe the slate clean for drug dealers who undergo criminal background checks when seeking employment in certain positions," Seward said last week. "This means convicted drug dealers could be taking care of children at a day-care center or as a nanny, teaching at a school, or working at a nursing home or some other position of trust."


Gov. David Paterson, a Democrat, has defended the provision, as has Democratic Assembly Leader Sheldon Silver. Democrats have also controlled the Senate this year, but a vote Monday switched the Senate to GOP control through a coalition with two New York City Democrats.

Lopez, Seward and Bonacic said the measure is a result of a state budget process held behind closed doors.

"The changes to New York's drug laws were rushed through as part of the state's secret budget process," Bonacic said in the release. "The New York City Democrats who controlled the budget process claimed to be thrilled with these changes, and now we see the results. Secret negotiations combined with a soft-on-crime attitude have left New York with a dangerous public policy we must stop."


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New Findings: When to Hire Somebody With Criminal History

Carnegie Mellon University's new study researches the length of time when an ex-convict has been "clean" long enough to be considered "redeemed" for employment. Estimates show that it takes about five years crime-free for an individual with criminal history to be "at no greater risk of committing another crime than other individuals of the same age."

Currently, employers receive criminal information dating back seven years in accordance with the FCRA. As Alfred Blumstein, co-author, said however, "Hiring an ex-offender was a totally arbitrary decision. We believe our model can change that and help provide employers with data in making such decisions. Or it can be used by state criminal record repositories in deciding when a prior arrest is too 'stale' to warrent distributing."

The study used 88,000 criminal history records of first time offenders and most commited new crimes within the first few years after their inital arrest. A small minority had a newarrest after remaining clean for at least five years. They are placed at the same level of risk as individuals with no criminal history and who are of the same age.

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