International Due Diligence – Due Diligence Investigations – Hedge Fund Due Diligence

Given the current competitive landscape and growing unemployment rates, executive level employment candidates are more willing to make overt misrepresentations that could be uncovered in an executive background check. Executives may make representations during the interview process such as embellishing credentials, omitting prior criminal or regulatory infractions, or providing false circumstances concerning their departure from a prior employer.

The challenge for corporate directors and management teams is to avoid potential embarrassment and negligent hiring litigation by properly vetting these candidates prior to making hiring decisions.

Just recently, Yahoo suffered a serious embarrassment when it was revealed that CEO Scott Thompson falsified his degree.  There have been a number of other high profile individuals who have lied about their resumes.

By conducting a thorough executive background check, a qualified investigator can identify relevant issues concerning a candidate’s professional career and personal history, which in turn protects the prospective employer’s business, reputation or shareholder value.

Below are 9 potential red flags that you could uncover in an background check prior to hiring your next executive:

1) Unverified Credentials

In addition to stories of individuals who have blatantly lied about their education history, prior employers or military careers, candidates have also been known to misrepresent their professional designations, “hide” former employers or  misrepresent volunteer work. While a little “white lie” may not necessarily be grounds to disqualify a potential employee, even a minor misrepresentation can reflect a broader pattern of behavior of a person.

2) Bankruptcy

Learning about a personal bankruptcy filing by a candidate may not be a “deal killer,” but the specific facts surrounding to the filing may be telling.  A review of the case documents can provide a host of information relating to the candidate’s stated income, debts and other assets held at the time of filing.  An additional red flag involves candidates who “accidentally” transpose digits in their social security number in an attempt to mask the fact that they have been involved in a bankruptcy at all.

3) Reasons for Leaving a Job

While layoffs have been prevalent due to current economic conditions, candidates may use this fact to their advantage with prospective employees.  During the interview, a candidate may mislead the prospective employer to believe that they were a victim of downsizing, when they were actually terminated for performance issues or disciplinary complaints.  In addition to interviewing references to verify information provided, former colleagues or business partners may shed light on the “real” reason an individual left the company.  The discovery of litigation with a former employer may also produce relevant facts about prior conflicts.

4) Litigiousness

Records of civil litigation are scattered throughout the U.S. where the candidate has lived or worked.  The first step in identifying relevant civil litigation is to locate and thoroughly research such jurisdictions; a review of pertinent court documents may identify accusations of misconduct, harassment or questionable business dealings.

5) Tax Liens & Financial Disputes

The existence of tax liens, judgments or financial disputes may suggest that the candidate is under financial pressure or may be living beyond their means. Candidates who are under financial strain may be more susceptible towards committing fraud.  Executive candidates with access to a company’s financials are at an even higher risk of future embezzlement.

6) DUI/DWI arrests

A review of motor vehicle records within the appropriate DMV office(s) that the individual has resided could identify a prior DUI/DWI charge.  Multiple DUI/DWI arrests may raise concerns about a candidate’s potential substance abuse problem while police records relating to the respective arrest may identify other relevant information.

7) Prior Criminal Convictions

Typically a “hot button” item for corporate directors and hiring staff, it is vitally important to understand the wide range of differences between federal and state court procedures with respect to housing and disseminating criminal record history. Identifying a candidate’s address history and relevant jurisdictions is the first step towards locating potential criminal records.  Depending on the territory searched and disposition of the respective criminal charge, many minor infractions and/or misdemeanor charges may not be identifiable.  More prevalent criminal case files which are readily available, typically provide a wealth of valuable background information on a potential hire (which may or may not be openly discussed by the candidate during the interview process).

8) Regulatory Issues

If a candidate has been professionally licensed or certified with a local, state or federal regulatory agency (i.e. SEC, FINRA, State Licensing Boards, etc), they may have been sanctioned or reprimanded by the respective agency for professional misconduct.

9) Hidden Corporate Affiliations

Findings of associated corporations that an executive or his/her relatives have established, raises questions about potential self-dealings or conflict issues. Note that this “shell” entity may been set-up as a vendor or customer to misappropriate funds.

Enjoyed What You Read?

Join 2,000+ others to get insider tips and tricks delivered to your inbox from what has been voted the best blog in the investigative industry!

While private investigators are more famous for wearing fedora’s and trench coats, digging through trash cans and doing surveillance on cheating spouses, the majority of information comes from publicly available records.

Surprising?

While there are hundreds of sites that could have made this list, here is a list of some links that any professional or amateur private investigator should have on speed dial:

PIPL

If you are trying for people, whether it be a long lost relative, business contact or if you are just trying to find some information on a person, this is a great place to start. In addition to providing some basic information on a person, such as addresses, birthdays and work history, PIPL also provides information from the invisible web, which doesn’t show up through most search engines.

Google News

In addition to to being a great source of national and international mainstream news, Google News also has a great collection of historical news articles (and in some cases scanned newspapers). It also has a great feature called Google Alerts where you can set up an email alert any time a particular company, individual or topic that gets posted on a blog, in a newspaper or on the Internet.

Google Books

In the age of the Internet, an often forgotten source of information is current and historical books. While there has been some ongoing copyright issues, this remains the best source available for searching books. Due to ongoing copyright issues, not all books can show full text, but once you find the information you are looking for, you can always go the old fashion route and go to your local library.

Search Systems

This is a directory of public records available in the U.S. and abroad. Whether you are looking for criminal records, property records, marriage records, birth records or federal, state or local records, Search Systems is an excellent source of information.

USNPL

While a lot of news aggregation websites such as Lexis Nexis, Factiva and the aforementioned Google News have information from mainstream news media, sometimes the best information can be found in the local small town newspapers. Many of these sites allow you to search current and recent articles for free but most of these sites require a fee to retrieve historical information.

FINRA

If you are thinking of hiring an investment advisor or looking to find some information on an investment advisor, this should be the first that you look. FINRA provides a array of information regarding a persons work history, qualifications and any disciplinary/regulatory issues. FINRA currently only has information who have been actively registered over the last two years; anything beyond that, you would have to contact your local state securities regulator.

Whois/Domain Tools

If you are wondering who is behind a website, these are two great websites to visit that can provide valuable information as to who is running a website and contact information. Domain Tools has some great free tools and paid tools that can also review historical registration information as well.

Archive.org

One of a private investigators best kept secrets, archive.org keeps a historical snapshots of websites for several years. This can be helpful to identify former executives at company or if a website is no longer operational, you can see what information was previously on the site.

Enjoyed What You Read?

Join 2,000+ others to get insider tips and tricks delivered to your inbox from what has been voted the best blog in the investigative industry!

SIPC (Securities Investor Protection Corporation) recently posted a warned about con artists who set-up i-sipc.com which fraudulently induced Bernard Madoff victims to join the site. This reminded us of how search engine marketing  techniques can be used for fraud to con people out of money or “bury” the facts and how people often trust what they find on the Internet

As a newly established private investigative firm, we have been engrossed in numerous tasks needed to start a new business including developing content for our website that has been optimized for search engines.

For those of you who are new to this, there are literally hundreds of websites that provide advice on how to best to provide information on your website so Internet searchers can easily find you or your company by using keywords, tags, headers, etc. Needless to say, there is an entire world of people who have an expertise in this process.

During the course of our investigations over the last few years, we have seen enough to know that fraudsters are using these same search engine marketing techniques to drive Internet searchers away from information on the web that may be damaging.

In fact, we know of at least one person who hired a search engine marketing firm to create content on the web so that when people searched his name, information about his past criminal history would be buried. By creating online links in social networks (i.e. LinkedIn, Twitter, Facebook, etc.), purchasing domains, publishing press releases, and publishing blogs, fraudsters can “bury” the derogatory news article, lawsuit or message board posting below the first few pages of search results – which most people don’t typically navigate past.

If search engine marketing results are getting in the way of your ability to find things, we recommend checking out out Via Search Consulting’s blog entry: 3 Ways to Stop Search Engine Optimization from Crippling Your Search.

The point of all of this is that the web has created an open forum for anyone to comment on just about anything, but by “googling” someone’s name, you are likely not getting the entire story and the information that you do view, may have been planted there. People have dedicated their lives to driving traffic to websites and in some situations, may be using these same tactics to drive people away from other websites.

The important thing to take out of this is to understand the source of the information because it may not always be what you think. Press releases, self-promotional websites and self-reported information is not always a “source” of fact-based information.

A good example whereby false marketing schemes can lead to disaster is the story of Nicholas Cosmo, who was indicted last year of a $350+ million ponzi scheme with his notorious hedge fund, Agape World. One of the pieces of marketing that was touted by Cosmo and his earliest investors was a May 2008 Entrepreneur Magazine article naming Agape Fund as number 73 in its HOT 100 fastest-growing businesses.

Evidently, people trusted this magazine, but the criteria for getting on this list was obviously quite minimal. If Entrepreneur Magazine had performed their due diligence, they may have realized that while he supposedly founded the company in 1999, he was actually in federal prison at the time for “misappropriating” $177,000 of his former client’s funds.

Some food for thought…Did you know that by some estimates, the surface web (a typical “Google” or Search Engine) accounts for less than 1% of what is actually on the web? Where is the rest of it, you ask? Well that is a whole other story!

 

Enjoyed What You Read?

Join 2,000+ others to get insider tips and tricks delivered to your inbox from what has been voted the best blog in the investigative industry!

When the need arrives to conduct a criminal record check for be weary of online search engines and third party information brokers that claim to provide a “nationwide” criminal record search.

Even in the age of the Internet and computerized database records, there is no such thing “nationwide” criminal record search and service providers who advertise that they have access to these records are inaccurate.

National Criminal Information Center (N.C.I.C.)

There is only one “true” nationwide criminal record search in the U.S. today.  The N.C.I.C (National Criminal Information Center), which is a central repository for criminal record information that is available only to law enforcement agencies and related criminal justice organizations.

Access to this database is strictly prohibited to the general public, including private investigators and information brokers. While there has been unfortunately a history of abuse to this privileged system, the government has recently cracked down on determining who is accessing the NCIC database, including system audits and federal prosecution against those who inappropriately access the system.

In fact, there have been questions about the reliability and accuracy of the NCIC database so even if you did have access to it, it may not be the most comprehensive way to find criminal records.

Be Wary of Online Databases

Despite public restrictions, it has not prevented online information brokers and “sleuthing” websites from attempting to market “nationwide” searches.

A typical google search for the term “nationwide criminal check” produces thousands of databases and third party sources that claim to provide “national criminal checks,” “instant criminal records,” or “free criminal records.”

However, if you check the fine print, these third party sources typically include prison records and sex offender registries, and even this information is not inclusive of all states and jurisdictions. While this may be useful in identifying records for more serious or violent convicted criminals, most arrests do not typically result in convictions and jail time.

Even more outrageous about these websites is that many claim to include a “free” National Sex Offender database, which us also available for “free” on the U.S. Department of Justice’s National Sex Offender Public website.

Other websites advertise to hold “300 million records” which is of no value if the website does not hold any records from the state or local jurisdiction in which the subject of the investigation is/was located.

A “True” Nationwide Criminal Record Search

To conduct a “true” nationwide criminal record search on an individual for due diligence investigation, executive background check, investigative due diligence or a comprehensive background investigation, you must first establish the jurisdictions that an individual has resided and/or worked.

Searches must be conducted through respective state repositories and in local jurisdictions, (often by hand) and in many cases a date of birth is also required to conduct the search.

Each state has different rules about who may access their records and how the records will be provided. Some states have record repositories which are public record (i.e. Florida records can be accessed through the Florida Department of Law Enforcement).Even with access to these statewide repository systems, there is no substitute for “hands-on” research of court records, which are much more reliable and accurate.Also keep in mind that in certain jurisdictions, arrest records do not typically cover less serious offenses such as misdemeanors and traffic infractions. In addition, federal arrest records (such as wire fraud or crimes against the U.S. government) are both kept and prosecuted separately in their respective federal courthouses.

Final Thought

The bottom line is that when the need arrives to conduct a criminal record check be weary of online search engines and third party information brokers.

Only a professional investigator with knowledge of the entire process can get you the “accurate” information needed.

It may be a bit more costly to do it right now, but it can save you the embarrassment and potential liability if something is missed down the road.

Enjoyed What You Read?

Join 2,000+ others to get insider tips and tricks delivered to your inbox from what has been voted the best blog in the investigative industry!