Tuesday, March 12, 2013

Top 10 Things Businesses can do to Mitigate Risk

1.) Ensure your organization has conducted a secure site assessment within the past 18 months or less to ensure physical assets are adequately protected.


Businesses invest millions of dollars to purchase and maintain physical assets. It is critical to ensure this investment is protected and secure. A secure site assessment not only protects your physical assets but also safeguards employees from the threat of a security breach. A thorough site assessment determines if there are adequate controls protecting access to your company. Access control evaluations include determining if the entrance is restricted to authorized individuals through mechanical means such as locks or keys, or by a human gatekeeper such as a guard or receptionist. Are all other possible entrances to the business secure? Are employees trained not to hold the door open for strangers who can walk in without authorization? Other items that should be analyzed and assessed to determine if physical property is protected include video surveillance systems, fire protection systems, and a survey of workstations and laptops to determine if they are locked down and secure.

An unauthorized person who breaches security can cause physical property damage, steal or even worse - threaten employees with bodily injury or even death. In this day and age, secure site assessments are a critical way to mitigate risk for your business.

2.) Conduct an assessment of your current IT systems to ensure that there are no breaches and no unauthorized users with access.

This item goes hand in hand with a secure site assessment. In addition to the protection of physical property, it is critical to evaluate and protect information technology systems. Examples of vulnerabilities that can lead to computer technology breaches include improper training of employees. When a VA employee improperly took work records that were later stolen from his home, he put at risk the names of 26.5 million discharged veterans’ records including their social security numbers and date of birth. Other areas to be checked include improper storage or transmission of sensitive information, password security, computer viruses, improperly configured or risky software, insecure disposal of hard drives and missing patches or updates. Failure to make sure computer operating systems are properly updated can cause exposure to a security breach. When a major university failed to do this, a hacker took advantage of the known vulnerability on an unpatched server, potentially putting nearly 40,000 student records containing personal identity information at risk.

Information Technology assessments include a thorough evaluation of technology and infrastructure to ensure systems are secure and protected.

3.) Conduct an annual breach test. This will keep your staff and team in check!

With items one and two in mind, it is a good idea to conduct an annual “breach test” which attempts to breach your own systems. For example, have a person come to your place of business and see if they can gain access without first being cleared as an “authorized” individual. Also, check your computer information technology to make sure unauthorized users cannot gain access and that the operating system is updated and secure.

An annual “breach test” not only confirms your security systems are in place, but also acts as a way to notify you when procedures have become obsolete and need to be updated to keep up with changes in technology.

4.) Establish checks and balances for financial systems.

Another way to mitigate potential risk is to always be aware of where the company stands financially speaking. This includes checks and balances for Accounts Receivables, Accounts Payables, Bank Reconciliations, and Balance Sheets. It is important to have a clear delineation of responsibilities and payment authority as well as more than one person responsible for reviewing these vital company records. In addition, conduct a semi-annual financial audit to look for red flags and pinpoint and correct anomalies before they can cause devastating financial results.

5.) Thoroughly check your employee "gatekeepers" for adverse issues that may arise during the course of their employment.

“Gatekeepers” are employees in key positions that have authority and responsibility over sensitive information such as financial records. A red flag that could indicate a problem is if this person insists that they are the only person in the organization that can access certain information or conduct business such as make deposits, write checks or transfer money. For this reason, they may even object to taking a vacation or break but it is necessary that they be required to do so in order to adequately audit and assess all records to mitigate risk! Common fraud schemes include stealing cash, skimming, fraudulent disbursements and dishonest inventory taking. Take a look at recent press - several folks in key positions of trust and responsibility have committed serious acts of theft and deception. One example is the former bookkeeper who skimmed more than a half a million dollars between 2006 and 2010 from the Town of Kinderhook and Town of Greensport in New York State. She did this by linking the Town of Kinderhook’s general fund account to her personal American Express account and siphoning funds. In Greensport, she used electronically scanned signatures of the town supervisor to forge stolen Greensport town checks. She pled guilty to three counts of grand larceny and computer trespass and was sentenced to three to nine years in prison.

6.) Evaluate your firm’s pre-employment background investigation process to ensure the latest processes are in place for all new hires.

On one hand, employers must comply with Equal Employment Opportunity Commission Guidelines that protect certain groups from being excluded from employment opportunities in certain circumstances, even if criminal activity has been determined. On the other hand, businesses must be vigilant in their hiring practices because there are negligent hiring considerations. Negligent Hire is a legal doctrine that describes the failure to use due care or action when hiring an employee, given the risk provided by the position being offered. If, through a company’s negligence, an employee harms another person, then the company is held liable. In addition, the Fair Credit Reporting Act requires “reasonable procedures to assure maximum possible accuracy of the information.”

Businesses that don’t follow proper procedures could find themselves paying hefty legal fines. For example, in 2012, Pepsi Bottling Group agreed to pay $3.13 Million and provide job offers and training to resolve a charge of race discrimination in an EEOC violation case. Don’t be a statistic! Make sure the latest processes are in place for all new hires!

7.) Obtain a list of all outside vendors that come on site and ensure each employee/representative undergoes and passes a thorough background investigation before allowing them on site.

You routinely conduct pre-employment background checks on your employees but have you thought of the potential risk that outside vendors can pose to your business? The backgrounds of vendors could contain potential liabilities like criminal records. It is important to conduct fully compliant vendor screening and credentials verification for all visitors and providers that work at your location including temporary workers, professional consultants and independent contractors. This can identify liabilities before your company is exposed to unwanted risks.

8.) Perform infinity screening on all employees regularly to ensure no issues have arisen throughout the course of employment

We’ve all heard stories of people in positions of authority and trust being found guilty of fraudulent activity. Recent examples include a pastor who became a prisoner for credit union thefts or the Chairman of the Australian Securities and Investments Commission facing charges of financial irregularities. Most companies know the importance of pre-employment background screenings, but what happens after a person is hired? Can you be certain your employees are reputable, law-abiding citizens? Apparently, the above organizations felt that way, until they learned otherwise. How can you protect your company and the employees that work for you? Infinity Screening or continuous screening is a post-hire background investigation that continuously investigates employees at various intervals, post-hire, throughout the employee's time with the company. This service allows organizations to gather up-to-date information concerning their employees and assist organizations in their decision making processes regarding promotions and transfers etc. Infinity screening also gives an organization legal recourse if the employee attempts to defraud or manipulate the company.

9.) Educate your team on awareness of issues arising out of workplace complacency and violence.

Workplace violence has become a major threat to businesses and their employees. Complacency develops because most companies have the belief that workplace violence can’t happen to them until it actually happens. It is better to be aware of warning signs, have processes in place to prevent violence before it happens, and provide outlets for employees to vent frustrations before a tragedy takes place. A zero tolerance for harassing behavior can be implemented by a policy to investigate every report. This sends a message that violence will not be tolerated and can prevent a situation from getting worse. Employees can be trained to identify signs of stress and frustration in other employees that could lead to an out of control situation. In addition, an outlet where employees can vent their problems either directly or anonymously can go a long way to deflating a situation before it spirals out of control. It is vital to ensure all team members are trained in best practices and are aware of red flags concerning workplace issues.

10.) Handle separations from employment such as terminations and layoffs with care and caution.

It is important to handle separations from employment with care by consulting with your legal/investigative and outplacement professionals to ensure the least amount of impact is felt by the employee. If the employee feels as though they are treated fairly they will reciprocate and in most cases be professional in separating from employment.

In summary, companies who take the precaution of following these top ten steps should be well-protected from the risk of security breaches, workplace violence, improper hiring litigation and fraudulent activity within their organization. Proper due-diligence based risk mitigation procedures save companies millions of dollars and can potentially saves lives!



Tuesday, February 5, 2013

Enhanced Background Investigations: How will they impact Gun Control and Will it Mitigate our Risk?

Background investigations have significantly changed the landscape of business hiring practices globally.  Years ago, only a small percentage of businesses conducted employment screenings and very few, other than those in key positions, underwent any type of background investigation. Our world and the dynamics of security and risk have shifted through the years.  Since September 11, 2001, there has been a steady increase and today, more than 80 percent of businesses have a background investigations process in place.

Industries ranging from healthcare, finance, retail, manufacturing, technology, and others have made background investigations part of their routine process.  These occur not only for pre-employment purposes, but also throughout the course of employment.  Ongoing employee screenings after a person is hired is referred to as Infinity Screening in the investigation industry.  Does all this extra scrutiny help organizations mitigate the overall risk? That question may be answered differently, depending on the industry and specific businesses that have implemented this process.  Investigations are vital but they must be done as thoroughly and accurately as possible.

Can this risk mitigation apply to gun control and violence? As we all know, New York has taken the lead in passing very restrictive legislation causing much debate in Albany. The highlights of the New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY SAFE ACT) include the following:
  • Assault Weapon Definitions
  • Magazine Capacity and Sale of Ammunition, including very restrictive controls and registrations
  • Statewide Gun License/Registration Database
  • Mental Health/Mandatory Suspension Clauses
  • 5 year rectifications
  • Limiting disclosure of licenses
  • Expansion of background checks for private sales and more...
Many legislators have received feedback that the restrictive laws are not going to change the overall landscape of gun violence, and if anything will limit the ability of those legitimately licensed to protect themselves and society. As United States' legislators endeavor to follow the path of New York, the National Rifle Association and its president, David Keene, have been actively lobbying to protect our 2nd amendment rights. Part of that protection includes limiting the government's ability to continuously impose restrictions.

The current process when purchasing a weapon involves a person undergoing a National Instant Criminal Background Check System (NICS) check. The NICS is all about saving lives and protecting people from harm—by not letting guns and explosives fall into the wrong hands. It also helps to ensure the timely transfer of firearms to qualified gun buyers. Mandated by the Brady Handgun Violence Prevention Act of 1993 and launched by the FBI on November 30, 1998, the NICS is used by Federal Firearms Licensees (FFLs) to instantly determine whether a prospective buyer is eligible to buy firearms or explosives. Before ringing up the sale, cashiers call in a check to the FBI or to other designated agencies to ensure that each customer does not have a criminal record or isn’t otherwise ineligible to make a purchase.

More than 100 million such checks have been made in the last decade, leading to more than 700,000 denials. Through the years, there has been significant debate in the accuracy and thoroughness of the NICS system and whether it in fact includes all possible criminal records against all individuals.  While there is no question that NICS checks have indeed kept some criminals from obtaining weapons, there is room for improvement when it comes to inclusiveness of records and precision of information.  Investigations conducted by private, reputable companies are known to be much more reliable when properly and thoroughly handled.  The debate and question that remains, however, is whether what has been implemented is enough?

The new legislation requires that a Federal Registry be created of weapon owners and mandated background checks be conducted when there are weapon transfers between family members and neighbors. This has prompted opponents to wonder if this would solve the problem.  Significant discussions have arisen over whether the guns sold in the United States used in violent crimes are legitimately registered.   Would these guns even appear on such a national registry?

Individuals and businesses must follow the lead of our country and be proactive in mitigating risk...but where do we draw the line when it comes to our right to protect ourselves and how is that line measured properly?  Contact us at allianceinvestigative.com to learn more about mitigating risk in your organization, from pre-employment throughout the course of employment. 

Tuesday, March 6, 2012

Things to Consider When Hiring Ex-Offenders

Has your organization ever considered hiring a person with a prior criminal conviction? If so, there are many hiring and discrimination issues to consider. One major concern with hiring an ex-offender lies with negligent hiring and retention liability issues. There could be unwanted consequences if a company retains an employee that they should have known was likely to subject others to actions which can create legal liability. Employers can be held liable for willful misconduct by their employees.

The Equal Employment Opportunity Commission (EEOC) scrutinizes employers to ensure their hiring practices are consistent and non-discriminatory including giving due-consideration to ex-offenders. While most employers who have hired ex-offenders have deemed their experience negative, some have reported success stories. There are plenty of examples of individuals who have "paid their debt" to society and are entitled to a “second chance.”

Examples include individuals who have had incidents in college or mishaps where the person is arrested and charged with a crime but once the debt to society is paid, he or she may not have a "clean" record to later use in seeking a career. Other examples include an individual, such as a consultant, who may have committed a financial crime such as money laundering, but has paid his or her debt to society. When seeking employment later in an unrelated field, perhaps a retail position, they may be unable to secure employment due to the prior criminal record.

According to the Society for Human Resource Management (SHRM), one in four adults in the United States has an arrest or conviction that would appear in a routine criminal background check. As a result, these individuals would face problematic circumstances when seeking potential employment. That is why the EEOC continues to encourage employers to eliminate discriminatory hiring practices of ex-offenders and consider the following factors: the nature and seriousness of the conviction; the length of time since the offense occurred; and the job-relatedness or relevance of the offense.

Since late 2011, the EEOC has been expected to provide additional guidance on whether the use of criminal background checks may discriminate against groups of candidates and employees. If so, disparate impact will be presumed and employers will be forced to provide specific evidence to substantiate the business necessity of criminal background checks such as providing a very compelling reason. At the end of the day, the government is becoming more involved in ensuring that all individuals, regardless of their prior history, have an opportunity to become gainfully employed and not be discriminated against based upon any factors, including prior criminal convictions.

For more information on how EEOC polices related to ex-offenders could impact the hiring practices within your organization, please contact sales@allianceinvestigative.com.

Wednesday, November 23, 2011

FINGERPRINTING VS. TRADITIONAL BACKGROUND INVESTIGATIONS

Background Investigations have evolved significantly through the years. According to WIKIPEDIA, a Background Investigation may be defined as the process of looking up and compiling criminal records, commercial records and financial records (in certain instances such as employment screening)of an individual.

Many employers have implemented background investigations as a means to assist them in making proper hiring and vendor decisions. The process of screening potential employees has led to the commercialization of the industry. At the same time local, state and federal authorities have become involved in the collection, regulation and dissemination of data utilized in the investigations process.

Fingerprint based backgound investigations are often considered to be one of the most accurate means available by which to conduct background investigations. The process involves securing fingerprints of candidates through government issued documents and submitting said fingerprints through various state/federal agencies. While this is perceived to be an accurate method, in reality, after careful examination, its outcome is certainly questionable. While there are some employers (typically state and federal agencies, as well as certain industries such as medical, banking, etc.) that require this method as a means to screen all potential employees, employers should beware of the pitfalls. Employers should be familiar with the level of searches being conducted along with the jurisdiction being searched: Federal? State? In some instances there are organizations/industries that will require fingerprinting as the method of the background investigation, however, fingerprints are only submitted to specific State or Federal agencies and not necessarily always to both. This could present a significant issue when looking at the comprehensiveness of such a method.

Fingerprinting has been available as a means for background investigations for years, however, rarely has it been found to be effective or comprehensive, and sometimes legally compliant with the FCRA (Fair Credit Reporting Act). Many of the firms that conduct thorough and accurate background investigations rarely utilize the fingerprint method, and in many cases are not permitted the access with this method without a significant investment in technology/infrastructure with a direct link and permissible purpose to FBI records. There are some organizations that will help coordinate fingerprinting through third party sources, however, this places the background investigation process in legal jeopardy. This has also raised some questions over what is typically available from a fingerprint based investigation compared to what is available to private industry. As a matter of fact, the IRS recently announced an initiative requiring background investigations on all PTIN applicants (preparers of tax returns) for proper reasons. As the following link to the IRS reflects, the IRS is still considering proposals that would require certain tax preparers to undergo fingerprinting or some other background check as part of the suitability check required to obtain the PTIN. http://www.irs.gov/taxpros/article/0,,id=239682,00.html.

Unfortunately, what many are not aware of is that while fingerprinting is perceived to be the most comprehensive means for background investigations, it is not because of the following reasons:

1. The United States Department of Justice issued a report entitled "The Attorney General's Report on Criminal History Background Checks" and the author emphatically states that although the federal fingerprinting method is quite comprehensive in its coverage of nationwide arrest records for serious offenses, the FBI's Interstate Identification Index is still missing final disposition information for approximately 50 percent of its records.

2. The same report also advises that there is no single source that provides a complete, up to date background investigation about a person's criminal history.

3. The last and probably most important fact is that the US Department of Justice Report further advises that contrary to common perception, the FBI's Interstate Identification Index is NOT a complete national database of all criminal history records in the United States. Many state records whether from law enforcement agencies or courts, are not included or have not been updated.

With all of the above being stated, it is critical for organizations to understand that there are more comprehensive, legally compliant (FCRA) organizations that access records that are above and beyond the scope of what is available through an FBI check, but thorough records from actual courts globally. A reputable background investigation firm can access thorough records from actual courts globally and will conduct an investigation utilizing a number of steps prior to conducting the criminal court research. Factors such as names utilized, aliases/identity, areas of last residency, possible areas where an applicant could have been convicted of a crime are all considerations in making a decision to conduct a background investigation. Once the initial factors are considered, the next step involves accessing the latest court records from all jurisdictions (local, state, and federal). Many times arrests are dismissed and not reportable in the FBI fingerprint method or candidates/applicants are charged with multiple charges and said charges are later pled down to lesser crimes.

According to information maintained by the United States Census Bureau, there are over 3,100 jurisdictions/venues throughout the US. With that said, based upon the report by the United States Department of Justice, it is nearly impossible to have fingerprinting stations serving all jurisdictions. A reputable background investigative firm will have proper access to court systems and be legally compliant with securing all information and ensuring that all applicable state/federal laws are followed and that the employer requesting the investigation is compliant with the applicable laws when utilizing the information.

If you are seeking a thorough comprehensive investigation, contact a firm that will provide you with a comprehensive solution rather than just inaccurate data that may be sporadic in nature. For information about this or other topics related to background investigations, contact us at info@allianceinvestigative.com. Alliance Worldwide Investigative Group Inc. is a national/international Corporate Investigative Services Firm helping employers globally in making effective and comprehensive hiring decisions.

Monday, October 10, 2011

Social Networking Background Investigation Process: Beware

Employers' use of the company Social Intelligence to "scrape" the Internet -- particularly social networking sites -- for background information on jobseekers has raised alarm bells with government regulators. Recently, the Federal Trade Commission reviewed the firm's operating practices, which include innovative "deep search" mechanisms, and concluded that it is in compliance with the Fair Credit Reporting Act, which generally prohibits reporting agencies from investigating job applicants without their permission. The law also requires that jobseekers be given a chance to respond to disputed information. Despite the alleged search mechanisms that are not invasive, Democratic Sens. Richard Blumenthal of Connecticut and Al Franken of Minnesota, both congressional privacy advocates, recently sent the firm a letter demanding to know how it collects and distributes its information. The interesting part of the law is that it only focused on the use of the information but not the gathering or potential illegal gathering of said information. The senators want to know if websites' "terms of service" are being violated to harvest background information and if "inappropriate" information is being fed to employers about jobseekers.
Has your company reviewed its process for Social Networking Background Investigations? Visit us at www.allianceinvestigative.com for more information to ensure that you are compliant and not in violation of any of the laws/regulations surrounding this new practice.

Monday, September 12, 2011

Consent Based SSN Verification Search - CBSV

Background Investigations should be conducted utilizing a mythodical process involving several steps. Among those steps are developing a policy surrounding proper background investigation levels based upon the position(s) being filled. In addition, said levels should be relative to the specific job duties/functions.
A new search was recently launched, termed a Consent Based SSN Verification (CBSV) Search. This new search, offered which offers employers the ability to help fight the Identity Theft/Fraud spectrum of a Background Investigation.
The CBSV verifies whether a name and Social Security Number (SSN) combination match the data in SSA’s records. The submitted information is matched against SSA’s Master File of Social Security Numbers (SSNs). The matching elements include: Social Security Number, name, date of birth and a gender code if available. Each SSN and name combination submitted to CBSV will be returned with a “yes” or “no” verification code indicating that the submission either matches or does not match our records. If applicable, we will report a death indicator when our records reflect that the SSN holder is deceased. Please note that the results obtained from CBSV do not confirm or authenticate "proof of identity”.
This search will help limit the number of false positives which occur when an incorrect SSN is provided tied to a candidate for employment. This search should not be mistaken for a SSN/Address History Search which verifies a person's address history and provides a list of name(s) associated with the subject along with potential addresses utilized. This is critical in not only establishing the correct identity of a subject/applicant, but also in determining the area(s) in which to perform the background investigations.
For more information concerning identity verification searches, SSN/Address History, or other Background Investigations, visit our website at www.allianceinvestigative.com

Thursday, August 25, 2011

BACKGROUND INVESTIGATIONS: THE DIFFICULTY IN THE RISK & COST OF CONTINGENCY BASED INVESTIGATIONS

Has your organization faced the issue of contingency based Background Investigations? According to the U.S. Chamber of Commerce, U.S. businesses lose more than $50 billion annually due to employee theft and fraud. In addition, more than 18 percent of violent crime is tied to the work environment. With that being said, according to information obtained, only 35 percent of companies require background screening on contingent workers. In the face of these numbers, companies may be more inclined to revisit that process. Prior to doing that it is critical to review the employment screening process carefully before jumping into it to ensure compliance. Implementing the wrong methodology and practices could cause unnecessary legal conflicts including possible litigation for your organization.

That warning applies to employers at all levels — even the federal government. For instance, the U.S. Census Bureau is embroiled in a lawsuit for allegedly screening out temporary census takers last year based on decades-old arrest records for minor or unconvicted offenses. Meanwhile, the Equal Employment Opportunity Commission (EEOC) is currently reviewing its 20-year-old background check guidelines regarding criminal and credit histories, because the policies may discriminate against minorities.

To ensure that your organization is compliant with the legal pitfalls of due-diligence based investigative screening, contact Alliance Worldwide Investigative Group - www.allianceinvestigative.com today for more information. Alliance Worldwide Investigative Group Inc. is a full service corporate investigative firm serving the needs of employers globally in mitigating losses through due-diligence based investigations, including Workers Compensation and Insurance Fraud Investigations, Anywhere.