New Hampshire Representative Seeks Looser Laws for Sex Offenders

Charged with two felonies, the 20 year old son of New Hampshire state Representative Jennifer Brown, plead his crimes down to misdemeanors and registered as a sex offender. His attempts to lure a 14 year old girl to a meeting place to have sex were recorded by undercover police officers.

Brown connected with the girl in an Internet chat room. When she agreed to meet him, he drove to the designated spot, waited for a few minutes and left. He was arrested on felony charges, attempted 2nd degree assault and the misdemeanor offense of attempted sexual assault.

He received suspended sentence and was required to register as a sex offender for the next 10 years.

His state representative mother has now introduced a bill that would remove her son's name from the list of registered sex offenders.

"He didn't meet anyone," Brown said. "He got there, turned around and left so fast. . . . He went to the meeting, then said, 'I'm just leaving,' and that's what our state calls a criminal. What happens when you're young derails your career," Brown went on, "You have none. Being on the list is an onerous responsibility."

Brown's proposed change would exempt Tier 1 sex offenders, which includes only those convicted of misdemeanors, from the public list. Those who were exempted would still need to register on a private list with the police department. A Tier 1 sex offender can currently petition to come off the public list five years after he or she completes his or her sentence.

The New Hampshire Civil Liberties Union has given their support to the bill. "To put all individuals who have committed an offense in a very broad category in the same pot is absurd," said Claire Ebel, executive director of the New Hampshire Civil Liberties Union.

But state law enforcement are in stiff opposition. Federal funding could be jeopardized if the bill passes. Also, the law enforcement community is adamant that the Tier 1 offenders are more dangerous than the bill allows. Offenses listed under Tier 1 offenders include:

• Sexual contact with a person age 13 to 18 under aggravating circumstances, which could include using physical force, touching a victim who is physically unable to resist, or coercion by a person in authority.
• Sexual contact with a person aged 13 to 15, with an age difference of five years or more.
• Sexual penetration with a person who is incarcerated, on probation or parole by a person in a position of authority.
• Violation of privacy, including sending out photographs or recordings of private body parts.
• A second or subsequent incident of indecent exposure.
• Sexual penetration or contact in the presence of a child.

Tom Reid, deputy county attorney said, "A defendant who could be any age overcomes a victim through application of physical force or violence, holds a person down and grabs their sexual parts . . . that's a Tier 1 sex offender who the bill would exempt." Reid said. "You could have a 60-year-old man who fondles a 13-year-old child for sexual gratification. This bill would exempt that person."

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Immigrant Activists Angered by E-Verify Program

Immigration and Customs Enforcement (ICE) sent out 652 letters to businesses around the US informing them they would be subject to an audit ensuring they are following federal hiring procedures by enforcing a no tolerance policy for employing illegal immigrants.

The letters sparked massive layoffs of undocumented workers by large companies such as American Apparel and Overhill Farms. L.A. activists said this particular measure has swollen the ranks of the unemployed in the midst of the economic crisis.

However, the candidates that were laid off received a "no match" letter when put through the E-Verify program. Candidates were then provided a large window, 30 - 60 days, to receive proper documentation in order to save their jobs. If they cannot provide the documentation within that time frame, they will be unemployed.

Much of these actions angers immigration activists:

In an open letter posted on the website of the Southern California Immigration Coalition, workers fired from American Apparel, Overhill Farms and Farmer John’s wrote:

This is clearly the fault of the Obama Administration and only he has the solution in his hands to stop the cheap scapegoating and racial profiling of immigrants that is now sweeping America. This is certainly not the change we voted for, and not the immigration reform promised by President Barack Obama."

Activists argue that targeting employers does not create real reform, though the traditional method of border patrol and deportation has not proved successful. It might take a few years of American businesses being targeted before real reform can take hold.

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Job Scams: Background Checks

In the current economic climate, the heat is turned up for those seeking jobs. As always, that means those seeking to take advantage are out of the woodwork.

"More families are becoming increasingly susceptible to suspect offers for employment as they try to find work in an extremely competitive job market,” said Mike Boynton, an Atlanta spokesman for the Better Business Bureau.

Job offers don't require an upfront fee. Ads were placed by a Florida company claiming it was looking to hire 2,500 employees for their new headquarters. Applicants had to submit $24 to pay for a background check.

Job placement or recruitment companies don't typically charge for services either. Some job placement companies, however, have been taking money from job hunters and not fulfilling their promises of quick employment.

Legitimate employers will need Social Security numbers for tax purposes and may need a bank account number to deposit paychecks for new employees. But job hunters should be wary of any requests for such information from companies and job offers that they have not vetted fully.

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Applying for Job? Have Winning References

Rest assured that when you apply for a job, your employment history and references will be checked. The greater the opportunity, the deeper the investigation. A good job at a visible company will scrutinize every detail of your application and history.

Including professional references for jobs such as these is an important part of the applications process. You need to be sure that the references your potential employer contacts will seal the deal for you, not make your case tougher.

Your references should be the highest quality you can provide. Here are some tips to picking and maintaining a good person for your reference,

• Keep your records up to date. Keeping up to speed with your references job title, phone number and position in the company is important. If you provide old information, the potential employer WILL find out and it will look like you haven't been in contact with the person for years.
• Maintain a relationship with your reference, for the same reasons stated above. Also, it will help your reference keep up their opinion of you if you keep in contact. Using sites like LinkedIn can be very useful for this.
• Advise your reference about important opportunities. You don't want to bother them with every offer that comes your way, but really important opportunities merit a heads up. Let them know what the company is looking for, hopefully it will brighten their reference.

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Bad Credit Makes for Terrible Prospects

While the economy is impacting everybody, there are some that are being dealt heavier blows than others. While struggling to pay overwhelming mortgage notes and all the bills that come in on a monthly basis, those hunting for jobs may find may doors shut on them due to bad credit, perpetuating a vicious cycle.

While there are no clear indicators that bad credit necessarily means you are not suited for the job, employers tend to overuse the credit report when making crucial hiring decisions. Unless the applicant will be handling money (cashiers, accountants, etc.) the credit report really has no bearing on the applicants ability.

The Fair Credit Reporting Act (FCRA) and state credit laws help to regulate how an employer can obtain and use their findings. An employer must gain your consent in writing to do a credit check and the report they receive is different than one viewed by a credit agency or an individual. Full account numbers are not revealed and they won’t see a credit score, but they will be able to see late payments, collections and bankruptcies. If you are actually denied employment because of your credit report, the company must notify you so that you may view the report on which the decision was based.

In the meantime, a House bill introduced last month would prohibit employers from using credit report details for their hiring decisions. The Equal Employment for All Act, if passed, will keep credit worthiness (with some exceptions for financial firms and government agencies) out of the employment process so that getting credit at work will make it more about performance than payments.

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Police Officer Tries to Run a Background Check on Obama

A Philadelphia police officer decided to abuse his privileges when he attempted to run an illegal background check on our president, Barack Obama.

Sgt. Ray Evers took to his computer on August 12 and proceeded to enter Obama into the database search for criminal information. The Secret Service were immediately alerted, as they are anytime a background check on Obama is processed, and they immediately contacted the Philadelphia police department.

It is unknown at this time what will happen to Ray Evers.

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Cities Need Background Checks, Too

The city of Brownsville, TX is under fire by its citizens for mishandling city funds. The move to bring in large concerts has uncovered weaknesses in the cities budget planners including loosely drawn agreements and contracts has led the citizens of Brownsville to question their officials capabilities.

Among their largest concerns are the vendors the city chooses to do business with. Brownsville residents are considering requiring that the city perform background checks on the vendors before awarding contracts.

Not a bad idea. It's not hard to process a background check, and hard earned money it could save far outweighs the cost of such a test. The only lingering questions remain, if it is a large corporate vendor, how does the check get processed? Is the check done on the company itself (something that should be investigated prior to signing any contract) or on the individual who owns the company?

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Back To School: Avoid Simple Mistakes & Keep Your Record Clear

As we mentioned last week, bad credit can be a big deal. Not only does it prevent you from getting those much needed loans for school, but when you've finally completed school and graduated, your job opportunities will be slim as a result.

So, it's very important to either not get a credit card or keep yourself to one card only. Credit companies love college students. Most students have a balance of over $3,000 and will graduate with a significant amount of high-interest debt. Watch how much you put on the card and be sure to pay your monthly dues, you'll need a job to help pay the balance!

Don't be enticed to spend any "leftover" money from student loans. The money isn't really leftover. You are already racking up interest you will have to pay back.

Just paying careful attention to the amount of debt you accumulate and of course, paying it back, will yeild postive results for you and your future!

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Home Care Nurse takes Advantage of Elder

Michelle Stokes hired Lora Huffine to care for her ailing 93 year old mother. Michelle conducted an interview with Huffine, but decided against running a background check. "All I went on was that she had 24 years of care," Stokes said.

Huffine was found guilty of cashing a check that was sent to the Stokes' household for over $3,000. This wasn't her first offense. A background check would have told Stokes that Huffine pleaded guilty to four counts of a six-count indictment, all fifth-degree felonies of forgery, according to court records. Another forgery case against Huffine in 2000 in Delaware County was dismissed.

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Shoplifters Want to Clean Up

Shoplifters in Buffalo, New York have a new opportunity to clean up their record. They can now participate in a special rehabilitation program, The Stop Shoplifting Education Program.

Completing the 3 hour class, in conjunction with 25 hours of community service can walk away with no record of their conviction. According to in-house analysis backed up by researchers from the University at Buffalo, those who complete the course are 50 percent less likely to commit another criminal act than those who do not.

In a survey by Retail Industry Leaders Association, 61% of retail business owners reported an increase in shoplifting since the beginning of this year, and a huge 725 have seen an increase in "organized retail crime" — people who steal larger amounts of goods or larger-ticket items to sell for cash.

The economy is a good excuse, people with far less money and jobs available to them are taking matters into their owns hands. Sometimes even getting back at the business they feel are responsible. However, shoplifting is not a victimless crime, something the program emphasizes.

Shoplifting raises the cost of goods substantially, perpetuating the problem further.

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Illinois Children are a Little Safer

It only seems natural that sex offenders would be banned from operating ice cream trucks, but until recently, in Illinois, they had every right. But a new law bars sex offenders from operating trucks or vehicles that sell food or beverage.

The law was signed into being on Tuesday by Governor Pat Quinn.

The move is good for the children. Many states around the nation already have protections in place. And they don't just stop at sex offenders either, they require background checks to obtain the license in the first place.

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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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Volunteers have Shady Pasts

45 volunteer coaches from Mobile, AL received letters of termination after a background check revealed they had criminal pasts. More than 5,000 children participate by either playing or cheerleading in the city's youth football league, which is run through its Parks and Recreation Department, according to city spokeswoman Barbara Drummond. Different city parks field teams in four different age ranges.

All paid coaches have background checks done on them, but it wasn't until recently that they began checking the volunteers as well.

Some of the terminated coaches are angry because their charges are old. They've been allowed to put in for an appeal, but aren't being provided a lot of information regarding the appeal process or how long it might take.

The volunteers often work with inner city children who need the guidance and confidence their coaches have to offer. Jeffery Jones, a candidate for City Council District 2, organized a news conference with Ward and other coaches Friday afternoon. Jones said that the Parks and Recreation Department should reinstate all 45 coaches until the City Council passes a written background-check policy that includes appeal details. Jones said the background-check policy is the most recent in a series of heavy-handed city policies that are frustrating volunteer coaches. Coaches also complained about being fined by the city for tossing the football around with kids out of season, and of a new policy that requires them to get city approval for any fundraiser they want to do.

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Bankruptcy Can Cost You a Job

Many companies that use background checks like to pull a credit report. Many of the positions they are hiring for might require the applicant to have access to cash, or even bank accounts and clients private information. It's an important check to run, the logic behind that practice is that an individual’s ability to manage personal finances gives a clue about his or her overall responsibility level.

Bankruptcy can be a huge deterrant and can remain on your record for years. Know your rights regarding bankruptcy and how it should and shouldn't affect your ability to retain a job.

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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.

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Bank of America & Fingerprinting

Last week, the Bank of America publicly admitted to harboring thousands of fingerprints they collect from their customers in a database. They wouldn't reveal the location of the database, or other information about the fingerprints, such as how long they are stored and who has access to them.

Regardless of those details, the idea that any entity has a database filled with fingerprints for an indeterminate amount of time makes privacy advocates and some lawmakers worried.

"The practice goes too far," said state Rep. Neal Kurk, of Weare, cosponsor of a bill to outlaw the practice in New Hampshire. "Even if the FBI is not involved . . . the government could get that information. Not to mention, anyone could hack into that system and access that information."

The "Thumbprint Signature Program" has been in use by Bank of America and several other banks around the country for over 10 years now. It was originally developed to fight check fraud.

The American Civil Liberties Union of Massachusetts said, "While Bank of America says this measure is an effort to reduce and discourage check fraud, we believe the bank has taken a step that could endanger individual liberties," the statement reads."Fingerprinting of customers is part of a recent trend in the taking and storing of biometric information. While technology is evolving at the speed of light, privacy laws that protect us from abuse have not kept up."

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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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Authors Required to Pass Checks Before Reading to Children

Authors across Britain will now be required to register themselves in a national database and submit to background investigations before they will be allowed into schools or classrooms to promote their books to children.

The authors will have to pay a fee to get registered, of 104 euros.

Said author Anthony Horowitz, “After 30 years writing books, visiting schools, hospitals, prisons, spreading an enthusiasm for culture and literacy, I find this incredibly insulting.”

But the government doesn't want to take any risks. The authors are allowed access to children and should be screened. In a time where you can't even trust your child psychologist, it isn't extreme to think an author could have bad intentions as well.

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Not all Volunteers have Good Intentions

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Illegal Immigrants with Criminal Records

Deportations are up 10% in the Pacific Northwest states of Washington, Oregon, and Alaska. 60% of those illegals deported were found to have criminal records, an astounding number.

The threat posed by these immigrants is imminent. Often hired illegally, criminal background checks are not imposed on them. They are working for less than then an American employee is, but the employer also knows less about them. Statistically, a person who has committed a crime is much more likely to commit another. The vulnerability the companies face is enormous. They do not even distinguish between those immigrants with misdemeanor records from those with violent pasts.

Earlier this month, Homeland Security released a list of 652 businesses nationwide that will receive audits of their work force - 26 are in the Pacific Northwest.

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Security Guards Test Positve for Steriods

Four security guards were terminated from their positions for testing positive for anabolic steroids.

The guards were employed at the Y-12 nuclear weapons plant. Guards were part of a random drug testing program that tested mainly for Schedule I and II drugs, like cocaine and marijuana. Anabolic steroids are a Schedule III drug and are not typically tested for in average drug tests.

Courtney Henry of Wackenhut said the company began testing some guards for anabolic steroids, a Schedule III drug, "for probable cause." Asked what prompted the tests, Henry said, "We received credible information alleging the SPOs (security police officers) were involved in the activity and tested under our drug-free workplace policy." Use of steroids violates both company policy and Department of Energy policy, she said.

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Answers to Growing Questions about Illegal Immigration

Many people argue that illegals come to this country for good jobs, jobs no American wants to do. Still, others say they are stealing good jobs out of deserving American hands simply because they will do them for less.

E- Verify may provide some answers to the perpetual argument. E-Verify is currently required to be used by federal contractors. The program, operated by the Department of Homeland Security in partnership with the Social Security Administration, uses federal data to electronically insure that potential employees are who they say they are. Liberty's offering of the service provides step-by-step instructions, along with archivable Form I9's.

The program is about 95% accurate and that percentage is due mostly to people failing to update the government when they change addresses or change their name after they are married. The appeal process can be somewhat complicated, which is why Liberty teamed with Form I9 for their E-Verify services. The simple notification to the employee informs that person of all their rights and obligations.

As statistics begin to roll in, perhaps Americans will see some answers to age-old immigration questions. Perhaps, those answers will lead us toward solutions.

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Sex Offender Residing at Nursing Home Commits Crime

A male resident living at a nursing home in Illinois molested 10 female residents and was removed to a psychiatric facility off-site.

The man had a history of being a sex offender, and residents of nursing homes are now asking the questions, can sex offenders live in nursing homes?

The Illinois Department of Public Health said that administrators failed to protect the female residents from the man. And even though the man was removed from the nursing home, there are reports than another sex offenders is residing there.

In Illinois, the nursing home is required to tell the Illinois Department of Public Health about any resident who is a sex offender and must do a “risk analysis” of the offender to determine whether staff will be able to care for the offender and to prepare a care plan. The sex offender must be placed in a private room and the home is required to tell residents, prospective residents, and families they can ask whether an offender lives at the home.

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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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Bad Credit : No Job

When Connie Hall lost her job in March and applied for a new position in accounts payable at another company, she was frustrated to discover she was denied employment due to a repossession of a car and unpaid hospitals bills on her credit report.

"I understand from their point of view," Hall says, "but the way I saw it was, just because my credit score doesn't meet your requirement's doesn't mean I wouldn't do a good job."

Maybe Hall didn't really understand the employer's point of view. Bad credit is a good indicator of responsibility, and in these economic times with so many applicants for one open position, a single blip, or in Hall's case, two blips can cause a lot of damage.

Some companies have reported up to a 25% increase in the number of applicants for one position. Employers have options now, and are turning to automated systems to make employment decisions, rating employees based on aptitude, seriousness, and of course: criminal history and credit report.

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Obama Administration Supporting E Verify

The Obama administration announced it will require all federal contractors to run potential employees through the electronic E Verify system.

E Verify is a web based system that operated by the Department of Homeland Security and the Social Security Administration. The system compares information from an applicant's employment eligibility form, known as an I-9, against federal government databases to verify that the individual is legally authorized to work in the United States.

Liberty Screening offers an excellent resource for verifying employment eligibility using the E Verify database.

The decision puts the administration at odds with some Congressional Democrats who believe the program is flawed and burdensome for employers.

"I support greater enforcement of workplace immigration laws, and strong penalties for employers that knowingly violate these laws, but I do not believe E-Verify is the best way to achieve those goals," Rep. Joe Baca, D-San Bernardino, said in a statement.

E-Verify "incorrectly rejects too many workers who should be approved, especially foreign-born workers who have become naturalized citizens," Baca added. "This creates a discriminatory system."

E-Verify has been available on a voluntary basis to employers since 1997. More than 134,000 employers have signed up, and nearly 97 percent are automatically cleared to work, according to Homeland Security officials.

"It is good to see that the administration understands how important it is to protect American jobs from being taken by illegal immigrants," said Lewis, senior Republican on the House Appropriations Committee. "Even though the administration has taken this step, it is important to make it a permanent part of our immigration law."

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Changes for Criminals Seeking Employment

While still on the campaign trail, one of the many promises Barack Obama made were he to be elected was to break down employment barriers for those with a criminal record.

According to report from SHRM, the Society for Human Resource Management, more than 80% of employers perform pre-employment background checks. With growing technological advances, tracking and tracing criminal records has become easier than ever.

• In 2006, nearly 81 million criminal records were on file in the states, 74 million of which were in automated databases.


• Another 14 million arrests are recorded every year.

Most employers are unwilling to hire an ex-offender. FCRA laws allow felony records to be reported from the 18th birthday on. Even if person who committed a felony crime at the age of 18 hasn't committed a crime for 20 years they are unlikely to find employment.

Most people would probably agree that there should be some point in time after which ex-offenders should not be handicapped in finding employment. The question is when, precisely, should this occur?

Currently, employers have no empirical guidance on when it might be considered safe to overlook a past criminal record when hiring an ex-offender for a particular job. Employers generally pick an arbitrary number of years for when the relevance of a criminal record should expire: five or 10 years, for example. It goes without saying that different types of employers will have different sensitivities about the potential employee’s criminal record. Those serving vulnerable populations like children and the elderly would be particularly sensitive to a prior record involving violence, while a bank hiring a teller would be particularly sensitive to property crimes. A hiring crew for a construction company might be far less sensitive to most prior records.

A huge study is being funded to test exactly when the turning point for criminal offenders exists. Though the study is ongoing, preliminary results are profound. Criminals have been found to significantly lower their probability to commit another crime, the probability can get as low as an average citizen who has never committed a crime.

The study can be found here.

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New Law For Sex Offenders

Under current law, young sex offenders do not garner as much attention as older offenders do. Their photos are not currently added to online databases, due in large part to their positive response to intensive rehabilitation therapy efforts.

Tim, 19, sexually abused an 8-year-old girl in Chicago five years ago, and his name was logged onto a state registry for juvenile sex offenders. Tim has been rejected for employment by several companies, including military recruiters. He was also rejected after submitted a college application.

University of Oklahoma psychologist Barbara Bonner says ample evidence suggests treatment works for young sex offenders. Studies have found that 5 to 14 percent of those who receive counseling commit another sexual crime. But a new federal law to be inacted in July 2010 will require states to post juvinelle sex offenders photos on their websites for at least 25 years, making it more difficult for them to function in society.

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Hiring Mistakes Cost Companies

A recent survey by Occupational Health and Safety outlines the trouble hiring mistakes can afford small to mid size companies. Three out of four employers say they've hired one employee they wish they hadn't. Twelve percent of those respondents say that hiring mistake alone cost them about $10,000!

"The businesses we talk to say they are seeing more individuals lying on their résumés or exaggerating their skill sets in order to get scarce jobs. In a down economy, small business owners must be especially vigilant when they bring on new employees," says SurePayroll President Michael Alter.

Most mistakes are being made by negligent or poor hiring decisions. Skipping crucial steps along the way during the hiring process cost these business big:

• "We hired an employee without doing a background check, and then I caught her stealing."
• "We rely mainly on a strong 'gut feeling' to determine if the candidate seems qualified and references check out."
• "Our hiring errors have been largely due to time constraints--we needed to fill a position fast and quickly chose what appeared to be the best applicant from resumes received."

"For small business owners, the psychological and economic strain of making a hiring mistake can be a massive burden on the company," Alter says. "What's more, these kinds of hiring mistakes can be reduced or avoided altogether by implementing proper precautionary measures. Investing in pre-employment screening services is worth the small upfront investment."

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Driving Records Reveal Bad Track Record

Most people feel their driving record is not a major reflection of their character, but motor vehicle reports can be just as important and as effective as running a criminal background check.
That's what Andrew Seekings has discovered after facing nearly a dozen traffic violations when he hopped on his motorcycle in a local neighborhood and travelled at speeds close to 140 MPH with cocaine in his pocket. He is charged with possession of a controlled substance, reckless driving, driving on a revoked license, driving an uninsured motor vehicle, two counts of speeding and five other traffic offenses after the high-speed drive early Thursday evening through parts of his hometown.

The cocaine charge will be a felony offense, but the other charges are considered traffic violations. Only an MVR report could reveal the dangerous character behind this man's criminal record.

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Minnesota Stalling on E-Verify

Minnesota governer Tim Pawlenty ordered that all state agencies and contracters use the E-Verify system for new employees eighteen months ago. A recent state audit found the use of E-Verify to be loose at best. The governer's own office hasn't screened any new hires since the mandate came down.

No Minnesota state agency has used the federal electronic identity-check system known as E-Verify, according to the office of the Legislative Auditor. All in all over 7,000 workers were hired last year.

The lack of oversight is bureacracy. The state is attempting to work with a vendor to secure a centralized system for screening the new hires. Presumably, they need a specific process.

E-Verify, when used properly is a very effective means to deter illegal immigration at the very source of the problem. The burden of the administration of this extremely effective program falls into the employers lap. Lack of oversight could cause serious problems if a company's program was audited.

Minnesota state agencies will presumably begin using this program, hopefully the stall has given them the time needed to create an excellent oversight program

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Background Checks Aren't Just for Employers

Just for fun, I thought we'd discuss the online dating industry. So many people utilize sites like Match.com and eHarmony to find love, and why shouldn't they? In a a growing world, it can be harder to connect with like-minded individuals. Online opportunites and website are soaring, but with all the profile indroductions and "About Me" sections, how can you be sure somebody is being truthful? How can you trust what you read?

Just like pre-employment background screening, people inflate their dating "resumes." Some say they are single when they are married. Some lie about how much money they make. While a little digging isn't likely to turn up exact truths about a person, it doesn't hurt to investigate somebody before you get serious about them.

The important things to focus on when exploring somebody's background check is to reveal criminal history and marital status. Lots of times, people are not what they want you to see.

Just a warning from Liberty Screening. We take pride in protecting you in your workplace and hope our security precautions can be used as a guide in your private life as well.

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Train Operators' Spotty Driving Records

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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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License Supsended for Resume Lies

A 60-day license suspension is being recommended for Garland Stillwell, a former attorney for Pillsbury Winthrop Shaw Pittman after it was discovered that he inflated his credentials on his resume.

He also charged personal expenses to the company credit credit card. Among other transgressions, he also used firm employees to send out a false employment verification for a friend who no longer worked at Pillsbury.

The suspension to some, seems like a slap on the wrist. But those wary of hiring somebody with a past like this need only use a Professional License Verification service to view the history of attorneys licenses. The suspension will appear on any verification during the 60-day period and will remain in the license history.

The report by the committee said a harsher penalty was not warranted because of mitigating factors. Stillwell had acknowledged the violations, reimbursed the firm, participated in counseling and had no prior violations.

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Drug Tests for California Lawmakers?

That is what some are suggesting, though they will need to gather 430,000 signatures in 150 days to get the initiative on the floor for a vote.

"Drug testing and sobriety checkpoints? I can't walk a straight line because I have vertigo so I don't know if I would pass that test," said Assemblywoman Norma Torres, D-Ontario.

The ballot is about getting proof that the lawmakers are not on drugs or alcohol, and many site the financial difficulty the state has faced a good reason to keep track of the legislation.

"It certainly can appear like there's some serious substance abuse going on when you see some of these crazy votes," said Assemblyman Anthony Adams, R-Los Angeles.

The proposal is getting a few laughs around the Capitol, but testing for any intoxicated politicians won't solve California's low cash flow.

"I think what's going on in California is what is going on globally. It's the economy, stupid," Assemb. Torres said. "It really is."

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Minor's Extensive Driving Record

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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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High School Principal Employed with Criminal Record

Oklahoma: Michael James Maples, principal at Memorial High School in Oklahoma City attested in his application that he had not been convicted of crimes other than traffic offenses to obtain his position as principal.

The laundry list of offenses Maples has racked up since 1980 include attempted larceny, alteration of public records, and wearing unauthorized badges and awards in a military court.

Maples claimed to be a military officer after he was demoted. He lied about being picked to teach at the United States Military Academy.

In 2008, he faced serious charges of stealing from an Oklahoma school district he once worked for.

How these crimes were able to remain hidden from district authorities is a mystery. Maples was convicted, yet again, on May 26 of making a false statement to obtain property or credit, and tampering with a government record. Maples will serve 10 years probation for his crime.

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Pennsylvania Schools Consider Pre-Employment Drug Tests

Only about 60 school districts in the state of Pennsylvania have standard pre-employment drug testing procedures. Drug testing is not required by state law, it is up to the individual school districts to decide whether or not to implement a drug testing program.

FBI fingerprinting and extensive background investigations are a given across the state. Holidaysburg is one district that does perform drug tests on all new applicants. They say they've never had somebody fail the test, but a fail would eliminate that applicant from hire.

The district pays for the drugs tests with their own money and says that they test for the safety of their students. Employees are required to agree to a drug free policy to be good role models for the students.

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Resume Lies Lead to Serious Injury in Dallas

May 2nd was a tragic day in Dallas, TX. The practice facility used by the Dallas Cowboys collapsed seriously injuring two players. One was left with a broken neck and the other with permanent paralysis.

The director of engineering on the project, Jeffery Lawerence Galland runs his own consulting firm but works with the firm, JCI who oversaw the construction of the facility in 2003 and the reinforcement that led to the collapse.

Galland falsified his educational creditionals on his resume. In a written summary, Galland states that he received a bachelors degree from Eastern Washington University. A education verification confirmed that he did attend the university, but did not receive the stated degree.

Galland also served federal prison time for drug trafficking.

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Abuse in Group Home: No Background Checks

Springfield, Ohio had what many considered to be a great program for at-risk youth. Vision for Youth had its license revoked recently however, due to allegations of abuse. The teens say they were punched, kicked, and choked at the center.




The state found that Vision for Youth did not maintain proper documentation on employees criminal background checks when it hired at least 7 felons. "The employees would brag about their criminal records. They loved it, they flaunted it. They threatened the kids with it." State officials declined to comment on why it took so long to revoke the licence of a facility, when they had 3 recommendations by investigators who found problems there.

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Public Records To Remain Open in Austin, TX

Watchdog journalists are fighting the state legislature in Austin, TX. A bill by Rep. Diane Patrick, R-Arlington, would keep confidential information such as home addresses and cell phone numbers for public school teachers and employees. But journalists and open records advocates object to what they say is a deal breaker — removing the days and months of birth dates from open records.

Birth dates are used to differentiate common names from one another when searching criminal records. Obstruction of these dates could lead to a false accusations or exoneration. All teachers are required to undergo criminal background checks in Texas but journalists and open records activists believe in checks and balances when it comes to public school teachers.

"We've seen time and time again where school districts are supposed to run criminal background checks, and watchdog groups and journalists are the ones that point out loopholes in the system. This bill takes that watchdog role away," Elkins said.
Thursday's bill is one of several efforts in the Legislature to keep birth dates and other information about public employees private.

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Driver's Ed Instructors Cause Accidents

Putting aside Iowa law, five cities have opted to continue to employ driver instructors who have been convicted of causing traffic accidents in the past two years. Leaders of the partially school-run and private driver education programs indicate a shortage in teachers as the reason for the disregard.

Harlan Superintendent Bill Decker said, "We're not talking about operating a motor vehicle under the influence or fatality situations. We're really talking about fender-bender situations."

Some violators, however, are habitual offenders. Their driving records could raise a serious question for law makers in Iowa.

It appears a loophole was created when department overseeing the driver education program shifted from the Department of Education to the Department of Transportation. It wasn't until a routine check on a teacher found six convictions in 2007 and 2008.

The state obviously put these standards into law for a reason, why they haven't been enforced is another questions. Driving records may seem like small potatoes, but just like a credit report, they can provide a pretty clear history of judgment and decision. Who would you want teaching the young teenagers in your town to drive?

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Nonviolent Offenders Get Second Chance to Prove Themselves

A recent study of the records of 14,000 people who used a 2003 law to have their criminal records sealed offered several surprises to criminal justice experts. The law allows certain offenders to ask a court to order law enforcement agencies to keep criminal offenses under wraps.

Approximately 10% of the 14,000 offenders committed other crimes since 2003. The program shows enormous success. The nonviolent offenders were virtually allowed back into the workforce enabling the offenders to get a second chance.

"In the age of the Internet, where accusations cling on people the same way the scarlet letter did 300 years ago, these non disclosures are really, really significant," said Keith Hampton, Austin defense attorney and chair of the Texas Criminal Defense Lawyers Association's legislative committee.

Not everyone is pleased, however. Told of the 10 percent rate of repeat offenders, Williamson County District Attorney John Bradley said, "Wow, that's a pretty high level of recidivism."

Article

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Embezzlement on the Rise in Nashville

Small businesses in Nashville, TN are making it easy for employees to steal. Nashville police said they have investigated more embezzlement charges than ever before and blame the economic crisis for the rise in white collar crime. People are more willing than ever to risk everything to earn a few more dollars, and small businesses are the perfect target.

"When there's a lack of oversight, there's room for fraud," said Lieutenant Mickey Garner with the Metro police Fraud Unit. One employee began writing small checks with to herself from a small orthopedics group. She kept writing checks, and since she never got caught she ended up embezzling more than $230,000.

Small business often think that pre-employment checks are not worth the cost. Some businesses only hire one or two people a year and like to trust their gut. The simplest check could save you thousands of dollars. Most criminals are repeat offenders and will strike again given the opportunity.

Another "Somebody ought to write the checks, somebody work the accounts, that way you have two people. Maybe they can check out each other and make sure one's not doing what they shouldn't be," says Garner.

Most people who are caught embezzling are sentenced to probation and rarely forced to pay back the money they stole.

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Ohio Governer Takes Criminal Pardons Seriously

Landing a job with criminal records can be impossible. Employers turn away job applicants with arrest records.

With 494 clemency requests on his desk, Ohio governor Ted Strickland is taking his duty seriously. He said he will release decisions on 100 or more of those requests soon. "The clemency power given to the governor, and at the national level given to the president, is a fairly broad power, and that's why I think it must be used very, very carefully. It's an attempt to seek justice in a way the the legal system is not empowered to do," said Strickland.

45% of all clemency applications request full pardons. A pardon effectively expunges criminal records. Strickland takes his job seriously and considers all aspect of the applicant's request before issuing a decision, "It's across the board. The crimes that they have been convicted of are wide-ranging, all the way from nonviolent drug offenses to some brutal crimes, including murder, " he said. "Everyone has their own set of circumstances and their own stories."

One example is Raymond Marbury Jr., who applied for a pardon three years ago. He was convicted of writing bad checks, forgery and receiving stolen property in 1992. He has since earned his undergraduate and graduate degrees and worked as a paralegal. He purchased a home and made restitution. He is requesting a pardon so that his record might be expunged in an attempt to make it easier to qualify for a job.

Strickland admits that a criminal record is a barrier for employment, "I think in some cases, it's likely to be a huge impediment, but that does not mean that simply because of that, at least in my judgement, that clemency is merited or justified."

Strickland is a former prison psychologist and looks at every case diligently before making his decisions. He understand the responsibility he faces when clearing a criminal record effect many, not just the former criminal.

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Austin Legislation Threatens Criminal Records Research

Legislation is being proposed in Austin to eliminate date of births from the Texas Public Information Act. Such legislation would effectively remove one of the most crucial pieces of information used by journalists and other agencies to conduct criminal background checks.

Senator Jane Olsen of Flower Mound, TX said, "The goal of this legislation is to protect sensitive information that could put our public employees in harm's way. Dates of birth should be protected from identity thieves, who would love to have this information to unlock our personal finances."

While Olsen's statement is true, that little piece of seemingly insignificant language unlocks a surprising amount of information about a person. Removing it will do little protect employees from identity theft.

According to the Federal Trade Commission, most identity theft results from a stolen credit card, government ID or bank statement – not through a public records request. And Social Security numbers, home addresses and information about public employees' family members already are exempt from disclosure in Texas.

Many news organizations use these public records to check up on government agencies. News organizations have exposed the lack of criminal records checks done by these agencies and alerted the public to criminals who are working among them. Checks and balances are necessary and this legislation seeks to eliminate them.

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Highlight on Healthcare Background Checks: Avoid Negligent Hiring Suits

The best protection against negligent hiring lawsuits is a policy of due diligence on each applicant that approaches your company. The healthcare industry is particularly vulnerable to negligent hiring lawsuits because they are held liable for any illegal act conducted by their employees. Managers and supervisors can even be held personally responsible for the acts of those they manage and supervise.

If an individual in a healthcare facility is injured physically or financially by the criminal, violent, or negligent acts of an employee they may legally pursue a negligent hiring lawsuit against the employer. Punitive damages from such a lawsuit can range well into a six-figure settlement. Negligent hiring suits that are successful demonstrate:

• An employment relationship existed at the time of injury
  
• As a result of the relationship, the employee and the injured party met
  
• Both parties had a right to be where they were at the time of injury
  
• The employee was unfit or incompetent and posed a reasonable risk to the public
  
• The employer knew or should have known the employee was unfit
  
• The employee caused injury
  
• The employer’s negligence in hiring was the proximate cause of injury
  

 

Utilizing background checks is one way to prevent negligent hiring from happening in the first place. A recent survey by SHRM (the Society for Human Resource Management) indicates that 53% of job applications contained false information and 10% conceal criminal history.

At minimum, conducting a criminal background
check in all counties in which an applicant has lived for at least the last seven years. Verifying licensure, employment and education are extremely valuable in the wake of public reports of education fraud on resumes.

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North Carolina Focuses on Background Investigations

North Carolina has been experiencing a boom of business development. With the economic crisis, it seems more and more of the business in the NC state are looking to protect what assets they have left by finding legitimate background screening companies.

It came to our attention at Liberty that the highest demand for background checks is coming out of Charlotte. In response to that demand, Liberty has recently hired Jenny Johnson, a national sales executive out of Raleigh, NC.

Jenny represents an asset to Liberty Screening Services as our representative in North Carolina and in the East Coast. With over 7 years of background screening experience, we are confident in Jenny's capabilities to represent our company and our products.

Jenny is an active member of the Raleigh Chamber of Commerce, the Society of Human Resource Management, and the Raleigh-Wake Human Resource Management Association.

On a personal note, it is Jenny's cheerful and ever-smiling disposition that is one of her most valuable contributions to our company. We are happy to introduce her and welcome her to our team.

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E-Verify Proposal Dropped from Stimulus Package

Stripped from the recently signed stimulus package, the E-Verify mandate would have required all employers using federally mandated funds to run their employees through the E-Verify program. Just before the bill was given to President Obama, the mandate was stripped.

E-Verify would have been an excellent assurance that jobs that are available are given to legal, authorized workers. In these hard times, it is hard to believe more protections for American jobs were not considered more seriously.

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Social Networking and Employment: Reasons to Beware

If an employers asks in your application you what your ethnicity is, religion or age they face a barrel of troubles. These questions and questions like them are grounds for discrimination lawsuits and are not appropriate to ask, and especially to act upon. No employer has the right to make a hiring decision based on the answers to questions like these.

But these questions and questions like them often do come into play when making hiring decisions. There are laws and protections designed to keep the playing field fair when it comes to job competition, but let's face it, recruiters can't help themselves. Which is why some 40% of employers turn to social networking websites like Facebook and Myspace to aid their "decision-making."

Most important, of those hiring agents that do look at the sites a huge 80% use what they find there to make hiring decisions!

Currently, there is no specific prohibition, law, or protection that says employers can't use social networking to make hiring decisions, but that doesn't mean there aren't dangers to using them.

State and federal discrimination laws do discourage using "too much information." Once you find information out, it is hard to backtrack and erase it from memory. If you discovered a serious and chronic health problem plagued your latest applicant and then denied them the job, they have grounds to questions the reason for the denial. If you can't offer one, expect a discrimination lawsuit on your hands.

Searching an applicants background without authorization is illegal, but if you're searching their Myspace profile, do they need to be made aware? There are currently no laws on the books, but people are taking notice and it's sure to become a hot topic sooner rather than later. FCRA laws do not affect it, but expect to see some action to protect applicants in the near future.

Many states prohibit discrimination against applicants behavior when off-duty.

Some Facebook or Myspace profiles are just for fun and don't really represent the person who owns them. Making judgements based on profiles on which not everything might be true, or information might be skewed is an unfair hiring practice, especially considering applicants are not typically aware they are being looked at.

When making a decision it is important to understand your applicant, but be aware of the dangers of judging their character off their profile on Facebook. The laws are not clear enough to assume you'll be safe doing so.

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MySpace Ejects 90,000 Sex Offenders

Sex offenders have long been known to lurk on social networking sites like MySpace, and recent estimates by the North Carolina Attorney General put the number at about 29,000.

After a subpoena by Connecticut Attorney General Richard Blumenthal, MySpace successfully identified 90,000 sex offenders - a staggering number. They immediately terminated the accounts and have begun implementing procedures to keep the numbers down.

Blumenthal said, “That these convicted, registered sex offenders are creating profiles under their own names unmasks MySpace’s monstrously inadequate countermeasures."

Age verification, restrictions against older users searching for minors on MySpace, an an outright ban on sex offenders registering for accounts in the first place are among the measures being taken to stop predators.

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E-Verify Measure up for Debate

As the negotiations for Obama's economic stimulus plan continue on Capital Hill, proponents of the E-Verify system are taking a stand.

E-Verify is a government program that checks a worker's immigration status against the Social Security Administration and the Department of Homeland Security. Immigration advocates believe using the E-Verify system lowers the rate of illegal immigrants becoming employed. Federally contracted workers, and several states across the nation, are already required to use E-Verify and face steep penalties if they are found to employ illegal workers.

The House version of the stimulus bill includes a provision for all companies or banks receiving funding from the federal government that requires them to participate in the E-Verify program.

But opponents of the provision insist that reporting errors from the SSA or Department of Homeland Security could result in thousands of wrongful terminations and essentially slow down the economy as a result.

However, proponents of the measure believe that any jobs available in the market should go to legal immigrants or American citizens, and using E-Verify will be a tool to insure that happens.

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Mortgage Loan Officers Face Stringent Background Checks

Tennessee Department of Financial Institutions began a new online program that allows mortgage companies and loan originators to apply for and manage their licenses electronically. Under the Secure and Fair Enforcement Mortgage Licensing Act of 2008, every state will have to participate in the program.

The program seems to make it easier to obtain and maintain a mortgage license, but starting January 1, 2009 fingerprint-based background checks also became a requirement for all new mortgage loan officer applicants. The managing principals for the companies in which the applicants work are also affected.

With so many fingers pointing at the mortgage lenders as the catalyst for the economic crisis we are facing, ensuring that they are the right person for the job.

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Making Cash off Criminals

One way to make some fast cash during an economic slump: turn in felony criminals!

Crime stoppers has long been known as an organization that offers cash rewards for tips that lead to an arrest or grand jury indictment for felony crimes. In a typical year they receive just over 400 tips that lead to such an arrest or conviction for Crime Stoppers of Ouachita, LA.

Record numbers of tips received in 2008 totalled 578, up 31% and a record high since 2000. Coordinator Jeff Gilbert attributes the rise in legitimate tips to the economic slump. More and more people are willing to give up those they know have comitted crimes so they can pay their rent.

Crime Stoppers, in operation in Ouachita Parish since 1984, gives rewards of up to $2,000 for tips that lead to an arrest or grand jury indictment for any felony crime. Crime Stoppers informants will not be asked to leave their names, will never go to court and all information remains confidential.

Gilbert said a tip that leads to an arrest on a failure to appear warrant could get a $100 reward, while a tip in a homicide case could merit a $2,000 tip.

"I think people are more aware of the organization, and we have done a good job of publicizing it," said Darlene Cusanza, executive director of Crime Stoppers of Greater New Orleans and president of the Louisiana Crime Stoppers Association.

"With the economy the way it is, we certainly expect an increase in tips this year," she said.


Read it here

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When Your Background Report Contains False Information

Every system is prone to error, and the US court system is no exception. On occasion here at Liberty, we receive distressed phone calls from applicants whose failed background checks cost them their new jobs but they have not committed any crimes.

The woman in the video below, Julia Hernandez, experienced the same situation. Watch the video for information on how to clear the record, and to see the negative effects of such an error:

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Drug Tests for Food Stamps

A new bill is set to take effect in the state of Texas in September 2009. The bill requires that all applicants undergo a mandatory drug test for food stamps. Any test that is returned positive for illegal substances or for un-prescribed prescription drugs will disqualify the candidate for food stamps, making them ineligible for 1 year.

As many more Americans are losing their jobs, there is good indication that there will be a rise in demand for food stamps. Using tax dollars to supply them, its nice to know that there will be some accountability for those who apply for them.

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Indiana Senator Earline Rogers revives bill to help those with criminal pasts.

State Sen. Earline Rogers, D-Gary, doesn't think a mistake has to plague someone forever. Rogers has revived a bill that was sponsored in the past by the late Sen. Anita Bowser, a Michigan City Democrat.

The legislation would provide the expungement of criminal records based on particular circumstances, meaning minor criminal charges or victimless crimes could be removed from an individual's criminal record.

The individual would have to apply to the court in which they were sentenced to have the record expunged.

Key to the bill are safeguards that don't allow an individual to have his record wiped clean the day he walks out of prison or gets off probation.

The individual has to wait five years and not have an additional criminal charge pending.

Sen. Rogers believes that because a record follows a person for life, he can have a difficult time gaining employment. And if one can't secure a job to support himself, additional criminal activity is likely to follow. This is a compassionate piece of legislation to help those who have had problems to make something of their lives. 

Indiana Senate Bill 0392

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Timothy Geithner Under the Microscope

Congress takes the appointment of cabinet members seriously. As seriously as managers and owners take the placement of new employees in their offices, factories, and shops. Just as applicants backgrounds are examined for any sign of trouble, Congress uses a fine tooth to comb through the background of suggested cabinet members.

Timothy Geithner is under scrutiny as he applies for the coveted Secretary of Treasury position in the Obama administration. His appointment was expected to be swift and easy, most of the members of Congress, republican or democrat supported him.

Geithner has long been the President of the Federal Reserve Bank of New York, a position unlike any other in the country. Geithner is said to have performed in this role "brilliantly, non-politically, ethically, firmly, and quietly," qualities many have much admiration for.

However, it came to attention that Geithner had not submitted payment for his 2001 or 2002 tax returns until Obama and his team began looking at him for the role of Secretary of the Treasury. He submitted some $30,000 to the IRS after the statute of limitation had already passed.

Geithner admits "These were careless mistakes. They were avoidable mistakes. But they were unintentional," he said. "I should have been more careful." But some members of Congress don't see it as a mistake at all, rather a deep smear on his nearly impeccable record.

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Drug Testing Facilities Need Regulation

Starting a drug testing company is easy. There are no federal regulations and most mis-read drug test results are due to an error in reading at the lab level. Liberty Screening sends nearly all positive results to our MRO who reviews the findings at the lab, but for those who rely solely on the drug testing lab, watch out, nobody is looking after those who operate it.

In a recent report by KFDX3, Steve Cooper, Vice President of S&A Services, vowed to bring legislation to the courts to demand regulation. S&A is voluntarily certified by a federal trade organization. “A person can be working at McDonald's or Walmart today and decide to open a drug testing business tomorrow – and there's nothing to stop them,” Cooper said.

Watch the report here.

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Homeless Face Background Checks

Doing their part to protect the homeless, a shelter in Harrisonburg, VA is running background checks as well as alcohol and drug tests on the many people lining up outside their door. The measure is to protect those who are living a life of sobriety on the streets from the potential threat of those who are not.

The recent cold that's been ravaging the United States these last few weeks have many of the nation's homeless scrambling to save their lives. Though temperatures have moderated somewhat in the last week, Harrisonburg, VA still faces single digits. Executive Director of Mercy House, Twila Lee said the doors are open to anybody, but they must meet certain requirements.

Anybody not eligible for shelter in Mercy House will be accepted at the Salvation Army.

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Immigration and Obama

Immigration reform has been a hot topic for the past few years and government programs such as EVerify are working toward ensuring employers are able to remain in top form during audits by the government. As the economic crisis wages on, however, immigration and reform have been pushed to the back burner.

Our nation's capital is gearing up for an unprecedented inauguration for the first black president who promises of change have inspired millions, many questions are lingering in the air. His plate is fuller than any other president inaugurated before him and at the bottom of the piles lies immigration.

During his campaign days, Obama said, "we are a nation of law, as well as a nation of immigrants." His dedication to representing both sides of the issue is clear, what is not clear is how he will change or support policies that are already in place.

Until that unforeseeable time, employers should sit tight with laws already on the books:

• Verify. Complete I-9 employment verification forms for every employee hired after November 6, 1986. Periodic audits are advisable to ensure that the forms are properly completed and updated if necessary.

• Document. Document. Document. Ensure all reasonable and lawful efforts to resolve any employment verification issues are documented, such as a new hire's failure to produce documents within the first three days of work, receipt of social security mismatch letters, or confirmed reports of unauthorized workers. Employers must follow-up to resolve the issue within a reasonable time period, or the employee must be terminated.

• Follow for one, for all. Stick to the same employment verification policies and procedures for all employees, regardless of national origin or citizenship status.

• Keep tabs. Set reminders on priority dates for employees with pending permanent residency applications, and be on the lookout for H-1B filing dates subject to the quota.

• Sign-up for E-Verify. Consider participating in E-Verify to benefit from certain immigration programs, such as permitting employment of certain post-graduates for an increased period of employment authorization

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Company Drug Tests with Inadequate Methods

Marlborough Lines Ltd, a New Zealand utility supplier used ineffective drug testing methods and is now paying the price. A hefty $12,000 because they failed to use an MRO after a drug test revealed that Warren Bush was positive for amphetamines.

After his supervisor reported that he "didn't seem with it," Bush was ordered to take a drug test administered by an industrial nurse. When the results came back positive he was dismissed, due in part to previous warnings on his record.

Bush told managers he was taking sinus medication and requested another drug test. Though the second test came back negative, he was still terminated.

Marlborough Lines has been charged with failing to understand the drug test results or to take qualified professional advice, such that an MRO might provide before dismissing Bush.

Bush was awarded $12,000, a reduced amount from $15,500 for his contribution to his dismissal.

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Embezzlement Strikes Again

Hired in June 2008 for Sherwood Inspection in South Windor, CT, Candace Brainard was a full-time thief. Already facing charges of embezzling $40,000 from her previous employer, Rocky Hill, Brainard was hired without a background check.

She proceeded to embezzle somewhere around $12,000 from Sherwood, which they learned about only after the police arrested Brainard. She now faces felony larceny and forgery charges.

"I had no idea. I wish I had," Sherwood said Friday. "Our losses are probably more than $12,000 because we've been uncovering more stuff. We're missing a $3,000 piece of equipment, which she said she sent out for testing. This is really hard on us."

In today's economic climate, of course it is. Business cannot afford to take losses like this. Employee theft is a widespread crime, costing US businesses nearly $1 trillion in losses in 2008. As the economy worsens, should employers have reason to believe they are more vulnerable?

"It may be on the increases in the next few months, but this crime is hard to detect quickly. Usually it's been going on for months of even years before a business realizes it," said Mary Rose Palmese, a veteran prosecutor in New Britain Superior Court. This type of theft is constant in good times or bad, and there is no clear indication so far during this recession of a spike in people embezzling from their employers.

Sherwood acknowledged he had not done a background check on Brainard. He learned of the alleged theft only after a courtesy call from a credit card about a suspicious check. "In the future everyone we hire is getting a background check."

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American Public Overwhelmingly Support Criminal Background Checks

Government research shows that 90% of Americans support criminal background checks for volunteers who work with children and nearly as many report being prepared to undergo such checks themselves.

Last year, a report showed that the red-tape of criminal background checks were considered a deterrent for volunteers. The Commission on the Future of Volunteering pressured for the removal of the bureaucratic barriers. But the Home Office commissioned the poll, finding that 70% said they thought the background checks worked as a deterrent to keep criminals from volunteering. The Home Office estimates that it has prevented 80,000 criminals from working with children.

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Clean Up Your Credit Report

Employers use credit reports to determine if their applicants are the right people for the job. A credit report is not just a reflection of how much you spend, it is reflection of your responsibility level and how much you can be trusted.

So, as the economic crisis rages on, more and more people are thinking about money and how it effects them. Cleaning up your credit report is a good New Year's resolution and here are some helpful tips to get yours in order:

First, get your credit report. Each year, you are entitled to receive one free from all three credit repositories: Transunion, Equifax and Experian. These reports will not actually contain your credit scores but they will give you a detailed analysis of all your active and inactive credit lines. This will help you to track what you've got left to pay off and ensure that you haven't been a victim of identity theft.

If you find an item which you which to contest, report it to the Credit Bureau immediately. If they find that the item you challenge is false or that it cannot be confirmed or denied, it will be removed immediately from your report. If they cannot confirm it, you have the right to submit a 100 word statement that will be included on your report.

Work toward getting your credit in good standing now. As the workforce tightens up for the long haul, you'll be one up on the rung toward getting, and keeping a better job.

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Criminal Statistics Tell the Truth about Violent Crime

If you ever wonder why you run background tests, or why someone with a violent criminal past is considered an undesirable employee, the "Homicide Victim and Suspect Analysis Report 2008" is a good reference. The report is a clinical study of violent crime centered on the city of Baltimore, MD.

It chronicles over 300 violent deaths in the city and categorizes them by location and type of death: by handgun in the street.

Of the 107 suspects arrested for violent crime, a whopping 94 had criminal records mostly consisting of drugs, guns, and violent crimes. 36 of those were under probation at the time of their crime.

Of 234 victims, 194 had criminal histories.

If you want to keep violence out of the workplace, keep the criminals out!

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Nurses Work in California with Criminal Backgrounds

Many nurses have slipped through the cracks in California. In a review by the The Times and ProPublica (a non-profit investigative newsroom) found that regulators acted late or not at all after being informed that nurses had committed serious crimes. In some instances, nurses were given their license renewals after reporting their own felonies to the California Bureau of Vocational Nursing and Psychiatric Technicians.

"Obviously the public isn't protected," said John Brion, the assistant clinical professor at Duke University School of Nursing. "If you have a person who's already been convicted and served their time and they haven't even been charged by the board...I would really question what's wrong with the system.

Licensed, vocational nurse Carlito Manabat Jr. is one case. Accused by two patients of sexual battery and molestation while under his care in 2006, Manabat pleaded no contest. He served six months in jail and registered as a sex offender. In February of 2008, he renewed his license, checking the "Yes" box that indicates he has been convicted of a crime. Two years later, the bureau is investigating the matter. Meanwhile, Manabat has been nursing and continues to do so as the case is still pending.

Discrepancies such as this are quite common at the bureau. The investigation revealed that 27 nurses had 3 or more criminal convictions, and 3 had more than 9.

Hospitals and clinics rely on the information provided by the bureau to vet potential new hires. The bureau blames low staffing and received approval last year to hire more staff to handle the demand. Some nurses are fingerprinted, but not all. The only other method of checking up on nurses is to rely on their own integrity. They check that "yes" box if they've been convicted. The bureau is huge and most of the fault is likely administrative, but when public lives and health are at risk, is there really any excuse?

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