Wait, so we can’t have 14-year-olds running the power-driven dough mixer?

Just imagine the looks on the faces of investigators from the Labor Department looking into violations the U.S. Department of Labor’s Wage and Hour Division at a Cinnabon and Auntie Anne’s franchise in Virginia recently.

Well, that store is now facing tens of thousands of dollars in fines after federal officials said they violated child labor laws, underpaid workers and failed to keep accurate employment records. Investigators with the U.S. Department of Labor’s Wage and Hour Division issued more than $22,000 in civil penalties against the company.

The fines stem from allegations that teenage employees were allowed to operate a power-driven dough mixer and hourly workers weren’t paid overtime, the Labor Department said. “Federal child labor laws protect minor-aged workers from workplace dangers and the risks they present,” said Roberto Melendez, district director for the Wage and Hour Division in Richmond, Virginia. The owner also reportedly didn’t post information for workers about the Family and Medical Leave Policy.

As you can see, investigations and background checks turn up ALL kinds of crazy things. And we know that success or failure in the courtroom or during the settlement process depends on having the very best, more detailed information about a case. That’s why great attorneys and law firms across the country work with the worldwide team of Santoni Investigations who will make sure you know everything to maximize the settlement process or win your case in court!

Know even more: READ THE ARTICLE

The State of New York has made some criminal-justice reforms that many say are letting domestic-violence offenders walk on technicalities.

Criminal Procedure Law Article 245 (Discovery), which took effect in Jan. of 2020, established new, accelerated timeframes for the sharing of evidence between the prosecution and defense during the pretrial period. The law requires automatic discovery of materials, establishes a presumption of sharing, and sets specific timeframes for the sharing of evidence between the prosecution and defense during the pretrial period.

According to the New York Post’s Editorial Board, “This isn’t about the no-bail laws, but the also-outrageous new rules for discovery — that is, evidence prosecutors must share with the defense.”

They go on to say “lawmakers (and then-Gov. Andrew Cuomo) put district attorneys on a clock: They must reveal all of their evidence, including names and addresses of witnesses and 911 callers, all relevant bodycam footage and cop memo-books, within 20 days of arraignment (or 35 days if the perp is free pending the charges).”

Plus “prosecutors must also be ready to go to trial within 30 days for violations and six months for felonies. Tick, tick, tick.”

The Post Board continues, “That’s proved a huge gift to defense attorneys, as judges are granting defense motions for dismissal of all charges, even serious ones, whenever prosecutors and police can’t provide every piece of “evidence” within the specified timeframes, even when it’s trivial (say, the logbook of an officer who merely visited the scene).”

So, did the recent reforms to New York’s criminal-justice system “break” it and if so, how will they fix things?

One thing’s for sure. Success or failure in the courtroom or during the settlement process depends on having the very best, detailed information about a case delivered in a timely fashion. That’s why great attorneys and law firms across the country trust the worldwide team of Santoni Investigations. When it’s YOUR case we’re talking about, Santoni will make sure you know everything to maximize the settlement process or win in court.

Know Even More…read the article by CLICKING HERE

4th of July Surveillance Pros and Cons4th of July Surveillance Pros and Cons

Is the 4th of July a good time to conduct surveillance?

The days leading up to the 4th of July holiday are usually filled with insurance examiners and law firms reaching out to their private investigator to set up surveillance. The idea is that the 4th of July is great time to get a subject out and active.

This commonly occurs when there are open claims and litigation involving subjects that haven’t been investigated in a while or there are some lingering concerns about the subject because they have been missing treatment appointments and cancelling scheduled doctors’ appointments.

In our experience there are some reasons why surveillance on the 4th of July can be beneficial and some reason why it poses some challenges.

Pros:

  • The subject might engage in activities that they wouldn’t normally. (Parades, Runs, Surfing, Beach, Golf, etc.)
  • When the 4th of July occurs on a weekend you have multiple days to conduct surveillance.
  • Due to increased traffic and commotion, it can be easier to setup and blend in neighborhoods that are suspicious of unknown vehicles.

Cons:

  • Many people take off for the whole week or weekend leading up to or after the 4th of July so if you setup after they leave town you are sitting on an empty house.
  • The traffic during the 4th of July holiday can make it difficult to maintain visual contact on the roads and freeways.
  • The activity pattern of a subject during the 4th of July is often very different than a typical weekend. This means they might leave very early in the morning or late at night.
  • If the subject is hosting a party or gathering at their house it is often difficult to document activities as they are occurring inside or in a private backyard.
  • The subject might leave their residence in a vehicle that they don’t normally drive, which makes it more difficult to follow.
  • Alternate transportation might be utilized due to the warm weather (Bikes, Scooter, Electric Scooter, Golf Cart), which can poses challenges for following and maintaining visual contact.

In our 35 plus years investigating workers’ compensation claims and fraud we have conducted thousands of surveillance investigations.  Our experience tells us that profiling a subject, developing a solid plan, and using an experienced field investigator are key to getting useful video footage of a subject’s activities. The more frequent the surveillance efforts occur the more likely you are to get a true picture of the subject’s activities, or lack thereof.

If you elect to conduct surveillance on the 4th of July weekend you want to be sure that your private investigator has developed a solid profile for the subject before starting surveillance.

A pre-surveillance profile and background check should include the following.

  • Verifying a home address
  • Developing vehicles/plates that the subject drives
  • Obtain a photograph or description of the subject
  • Social Media Research (Determine locations the subject frequently visits)
  • Establish who lives with the subject (Spouse, Kids, Cousins, etc.)
  • Determine best setup location and if you need more than one surveillance operative

If you have any questions about surveillance strategies on a case you are handling please let us know.

Tim Santoni

Text Messages… Myths & Magic

I have recently been fielding calls and inquiries from clients who want to find, preserve and recover deleted text messages.

I wouldn’t go as far to say that text messages are the new email, but I can say the amount of personal and business communication being conducted via text is significant. We have seen cases involving trade secrets theft, domestic violence, employment claims, workers comp, accidents.  There are many different types of cases that hinge on information that was or wasn’t sent via text message.

Cell Phone Carriers:

Many people operate under the assumption that the cell phone carriers (AT&T, Verizon, Sprint, T-Mobile) document or preserve all text communication by their customers. This is simply not true. What the carriers typically keep track of are the phone numbers the messages are sent to and the frequency and time and date of the messages. What this means is that even with a subpoena that requires getting the cooperation of the carrier, the actual text messages are not available.

Other Options and Strategies:

Text messages can be pulled from the phone using software for practical and forensic purposes, assuming you have legal access to the phone. The idea that even with the phone in his or her possession your computer forensics analyst can extract deleted text messages is also not accurate.

A cell phone, android or iPhone, uses a solid state-flash storage drive to store information and run the operating system. The phones dynamically write to the storage drive as the user accumulates messages, pictures, emails, etc. As the user deletes information the phone will dynamically write over available space. What this means is that information that has been deleted that you need for your case might not be recoverable even using forensic software.

If your subject is an iPhone user, the text messages or voicemails you need may have been overwritten and are not recoverable. There is another option. If you can get access to the computer that your subject backed up that iPhone to, there are likely complete backups of that iPhone on the computer . When you backup an iPhone a complete copy of the information on that phone is placed on the computer.

Written by Tim Santoni , Santoni Pres/CEO

Trace-X Press Release

Santoni Acquires Trace-X 

Irvine, CA –  Santoni expands its suite of risk mitigation services with the acquisition of Trace-X.  Trace-X is a leading provider in online data removal of personal identifying information from people finder websites.  “With the addition of the Trace-X service we now have the ability to protect clients in a variety of industries who are concerned about their private information being available and accessible to fraudsters and criminals. 

“We can also give peace of mind to victims of identity theft,” said Tim Santoni, President at Santoni.  In today’s information age where your personal identifying information is being bought and sold it is important to regularly monitor and remove your name, address, phone number, and email addresses from people finder sites.  The increased number of threats and unwanted contacts makes it ever more important to control where and how your information is available. 

Santoni is a leader in background screening, investigations and risk mitigation for individuals, businesses, insurance companies and brand owners across the country. Santoni staffs a team of highly trained, licensed, professional investigators and certified background screening consultants who consistently produce timely and accurate information to help our clients make crucial business decisions. Santoni  is nationally known with a global reach. 

For more information please visit santoniservices.com or call 949-900-3400

4 Misconceptions You Have About Password Protection

 

GUEST BLOG – By Jack Warner – General Manager, TechWarn

 

Cybersecurity is becoming more and more prevalent by the day. Passwords are a popular choice when it comes to user authentication, but new innovations are pointing to new alternatives. Numerous tech specialists are currently investigating another world past keyword validation. A portion of the rising options incorporates multifactor authentication (MFA), biometrics, and behavioral analysis, among others. Shockingly, some online content can make you accept a horde of misconceptions about passwords and the fate of authentication. When all is said and done, most accounts are hacked because of weak, poorly managed, or guessable passwords. That is as indicated by a 2017 Data Breach Investigations Report. Along these lines, here are the common misconceptions about passwords that you’ll discover on the web:

#1: Regular Password Changes Enhances Security

Today, pretty much every company has set down standards to oversee periodical password changes. Some will even confine the age of a password. More often, there is a minimum number of characters that you should change when renewing your password. This approach originates from the conviction that passwords start to leak as they age. As much as the methodology is addressing one part of the issue, most users will neglect to observe other password necessities, which can give hackers some starting point. It’s undeniably viable to train users about creating a strong password and why it’s essential to avoid password sharing.

#2: Biometrics Can Solve All Security Problems

With progressions in innovation, biometrics have picked up a solid intrigue to numerous users. Rather than attempting to recall a few long passwords, you just place a finger on a tab and obtain access to your account. It’s an exceptionally secure technique for verification as long as you have a solitary factor validation. Hackers will find it difficult to access your accounts since your fingerprint or retina sweep is only comprised of 0s and 1s. Presently, if somebody gets hold of your fingerprints by whatever means, the consequences can be devastating. They’ll access each and every account you’ve verified with your fingerprints, including your bank accounts and credit cards. Getting another set of fingerprints is even unimaginable.

#3: Complex Passwords are Better than Lengthy Passwords

It is important to make your password withstand different strategies utilized by hackers. Brute force attacks, for example, are utilized to hack more passwords other than dictionary passwords. More often, we assume that hacking a password with complex characters like “Kl*&@3@3P^%$??” is practically impossible, which is further from reality. In reality, a longer but memorable password can be harder to hack than a shorter complex password. You should simply abstain from utilizing words from your own data like your surname, pet’s name, and so forth. Also, it pays to blend characters and lexicon words while keeping away from any phrase that points to your actual account. On the off chance that you include “Twitter” to a secret word, any hacker who figures out how to get to your password through brute force attack may essentially tell that your Facebook, eBay, and a lot more will follow a similar trend.

#4: Online Password Checkers are Accurate

Numerous sites today will reveal to you how strong your password is. When setting up an online account, you’ll get a rating showing whether your password is very weak, weak, strong, or very strong. The site may likewise give you proposals to blend numbers, letters, and unique characters to improve your password quality. In any case, the website may not know precisely what arrangement exhibits the most secure password. Studies have demonstrated that numerous individuals utilize a capital letter at the beginning of a password and numbers in the last part of the password. That implies that blending things up on the grounds that an online password checker tells you so probably won’t give you the most grounded protection.

A strong password portrays a secret set of characters that is hard to guess by humans and PC programs, adequately shielding information from unapproved persons. A solid strong password comprises of 16 characters (and the more characters, the more grounded the password) that are a blend of letters, numbers, and special characters (@, #, $, %, etc) whenever permitted. Passwords are commonly case-sensitive, so a strong password contains letters in both capitalized and lowercase.

Indeed, even with the developing patterns in user verification, passwords still stay one of the most secure and successful strategies. Simply ensure that your password is long, unique, and fuses a blend of letters (both capitalized and lower case), numbers, and special characters. Furthermore, include an additional layer of assurance through two-factor authentication (2FA).

8 Things You Can Do to Secure Your Technology for Peace of Mind

If you are going through a separation or divorce you are likely wondering if and how you are being tracked and monitored.  Here are 8 Things You Can Do to Secure Your Technology for Peace of Mind.

Are you newly separated or currently going through a separation or divorce?  Our checklist will help you take control of your documents, home and your technology to avoid tracking and snooping by your Ex.

1. Ditch your phone.

  • Move your phone to a separate account that only you control

2. Check your kids’ Phones & Tablets.

  • If your children have phones or tablets that your Ex controls, they can be used as tracking devices. Turn them off or move them to your account.

3. Set up a new email account

  • Use a strong password
  • Forward emails from your other account if necessary

4. Change all Passwords/Login info/email addresses associated with:*

  • Email Account(s)
  • Social Media
  • Apple ID – iCloud – iTunes – Google Play
  • Computers / Laptops
  • Security Cameras
  • Garage / Gate Codes
  • Wi-Fi (Verify that you have a password setup and/or change it)
  • Online Banking
  • All apps (Uber, Netflix, Venmo, eBay)
  • 401K, IRA’s, Insurance, Credit Cards, Mortgage, Car loans, Student loans

5.  Find out if your car has GPS integrated. If it does, take control of the account and/or get it turned off.

6.  Secure all personal documents and create digital copies.

  • Birth Certificate
  • Marriage license
  • Deed(s) to home(s)
  • Car Title(s)
  • Medical Records

7. Bank Accounts-  create a list of all known bank accounts including bank name, account numbers, account types and general description of what they are used for.

8. Notify all professionals that you do business with that you are going through a divorce or are separated.

  • Accountant
  • Insurance Agent
  • Lawyer
  • Real Estate Professional
  • Schools

If you need assistance or have questions, feel free to call us at 949-900-3400.

Additional Resources:

“Is My House Bugged” VIDEO

“Best Password App- LastPass” VIDEO

“What Happens When your Lose Access to Your Family Computer”  VIDEO

 

What to do when your employees are targeted by a stalker in the workplace

 

 

Stalker in the workplace? How can you help employees when you find out they are being stalked by a customer/client or someone they know personally?  The natural instinct of most people is to contact law enforcement. Unfortunately, the Police typically won’t even take a report unless you can show at least 7 documented contacts by the alleged workplace stalker. Here are some tips if you have employees who are involved in stalking situations…

Gather as much identifying information on the stalker as possible:

  • Full Name
  • Physical Description
  • Age/DOB
  • License Plate Number
  • Vehicle Make & Model
  • Social Media Profiles
  • Cell Phone Number
  • Last known address

Document all interactions:

  • In person
  • Phone
  • Email
  • Text
  • Visual or physical contact with other employees
  • Social Media
  • Security Camera Footage

Conduct a Background Check:

A discreet background check conducted by a professional investigator can provide valuable information to assess the level of threat the stalker could pose.  If any criminal information (Arrests, Convictions, Watch List, Sex Offender Registry, Stalking) are found, this information should be presented to law enforcement as it will do two things.  First it will give more credibility to the threat and second it will force law enforcement to dig deeper because they have actual knowledge that they cannot ignore in fear of the threat escalating.

Recommendations/Accommodations:

  • Hire a security guard to be visible and present at your business
  • Escort employees to and from their vehicles before and after work
  • Install-Update Security Cameras
  • Advise employees to update privacy settings and/or remove personal identifiers (Phone, Email, Address) from their Social Media accounts

Impact on Stalking Victims:

  • 1 in 8 employed stalking victims lose time from work as a result of their victimization and more than half lose 5 days of work or more.
  • The most commonly reported stalker tactics by both female and male victims of stalking are approaching the victim or showing up in places where they do not belong, workplace, home, family gatherings. Making unwanted telephone calls to home and workplace, leaving the victim unwanted messages, watching or following the victim from a distance, and spying on the victim with a listening device, camera, or global positioning system.
  • 11{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of stalking victims have been stalked for 5 years or more.
  • 2/3 of stalkers pursue their victims at least once per week, many daily, using more than one method.
  • The majority of stalking victims are stalked by someone they know: 61{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of female victims and 44{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of male victims of stalking are stalked by a current or former intimate partner, 25{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of female victims and 32{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of male victims are stalked by an acquaintance.
  • 46{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of stalking victims experience at least one unwanted contact per week

Additional Reading:

http://victimsofcrime.org/our-programs/stalking-resource-center/stalking-information#what

http://victimsofcrime.org/docs/src/analyzing-stalking-statute.pdf?sfvrsn=2

 

 

 

Crafting a Social Media Policy that Protects and Promotes Your CompanyIn today’s digital age, companies are faced with a dilemma. You want to use social media to promote your business, but you’re wary of letting employees post on the channels. Indeed, social media can be a double-edged sword. Business owners need to understand both the power – and the risk – involved.

Your employees are using social media. About three quarters of adults who go online participate in social networking. Most business owners recognize the risk involved – team members could share confidential information, misrepresent the company, or even speak negatively about their employer. And yet, 73% of companies don’t have a written social media policy. Read more

There’s always a risk of an employee misusing (either intentionally or accidentally) a company social media account. Stories of these mishaps are frequently in the news. And if it can happen to McDonalds , it can happen to your company.

In 2005, Microsoft came out with this social media policy: “Be smart. Don’t be stupid.”

While many of us wish that sentiment were enough to govern responsible online behavior, today we have to go a bit further. Here are some key points to keep in mind when drafting social media rules for employees. Here’s how:

SET REALISTIC GOALS

The best social media policies don’t try to prevent every tricky situation that could arise or lay out how each one should be handled. (Social media changes too fast for that approach to be effective.) Instead, they empower employees to work within guidelines, make good choices, and avoid pitfalls.

Don’t try to dictate every aspect of every social media channel. Again, the sites change and your policy will be out of date quickly. You can implement separate written guidelines for each social media channel to cover the details, but your overall policy should focus on the big picture.

STRUCTURE YOUR SOCIAL MEDIA PROGRAM

Your policy should clearly outline who will be communicating on social media on behalf of the company. If this responsibility will be handled by a team, ensure that everyone is on the same page about the type of content that will be used, and the brand voice and personality.

You will also need to decide whether social media content will need to be pre-approved. How does the approval process work? If approval is not necessary, be clear about guidelines for what should not be posted – confidential or not yet released information about the company, your employees or your customers should never appear on social media.

Make sure to include guidelines on responding to customer questions and feedback. It’s a good idea to craft standard responses that can be issued in the case of common questions, and especially in the case of negative feedback. There should be a protocol for responding to angry or unhappy customers – it’s never a good idea to allow an employee to wing it, especially in an emotionally charged situation.

OUTLINE AFTER HOURS BEHAVIOR

Many companies choose to have two social media policies. One for employees who post on social media as part of their job, and one for employees using social media in their personal lives.

Even if they are posting on their own social media accounts, chances are, it’s pretty easy to figure out where your employees work. How they present themselves online will reflect on your company. Your policy should alert employees that offensive or inappropriate comments, or illegal behavior that shows up on social media could affect their good standing at work. They must represent themselves according to the code of conduct of your company and brand.

Tread lightly when telling employees what they can and cannot post. It’s smarter to educate them about how their online behavior reflects on your company, and train them on best practices for professionals in their position.

Once you have crafted a policy for your company, it’s a good idea to have it reviewed by an attorney. There are certain legal aspects that need to be considered. The National Labor Relations Board has taken a firm stance on these policies, saying that employers can’t prevent or suppress discussion about the terms and conditions at work.

REVIEW, TRAIN, REPEAT

Once you have a written social media policy in place, you will need a plan for how to roll it out to employees and train them to follow your guidelines.

In the case of new employees, your policy can become part of the onboarding process. It can be reviewed at the same time as the company handbook or other policy documents.

The digital environment changes quickly and maintaining an up-to-date policy means reviewing it every 6 months to ensure that nothing needs to be updated or changed. This gives you an opportunity to revisit the policy with your team, and reinforce it.

By providing education for your staff about online best practices, you are preventing problems before they start. Therefore, the importance of a social media policy in the workplace can be the deciding factor of company success.

Let’s not forget that there are many upsides to using social media at work. These channels can be used to market your company, launch a new product or build a community around your area of expertise.

As a business owner, you probably don’t have time to run them yourself, so you will need to trust your employees to post and respond without your guidance. A good social media policy is one that allows you to focus on other parts of your business. Use this information as a social media guideline for your employees and be vigilant about what they’re sharing!

– Katie Wagner – President, KWSM, a digital marketing agency

Connect with Katie on LinkedIn here

Best Password Management App

Password management is a daily struggle for most of you.  We must have online profiles to access and view information on websites in the digital age.  Online banking, Social Media, Utilities, School and the list goes on and on.  There is no getting around setting up profiles with unique and strong passwords on a daily basis. What is the best password management app?

What can you do proactively to manage your passwords and keep track of them in real time?  There a variety of options…

  • Notepad in your desk drawer and white out
  • Create a contact record for every site you visit and manually update the password every time you change it
  • Force a password reset every time
  • My favorite is the post-it note under the keyboard

None of these options are very effective or safe when it comes to password management.

When I look at a password app to manage my passwords I want something that works on a Windows PC or a Mac and works in multiple browsers (Chrome, Firefox, Safari, etc.).  Additionally I want to be sure that the password management app works on my mobile devices (iPhone, iPad, Android, Tablet, etc.).

My favorite password management app is LastPass and I love it because it works well on all my devices.  My favorite feature is how it detects when I make a change to password on a site and how it auto-updates my LastPass vault.  If I need to lookup a password I just login to my LastPass account and I can get it quickly.  LastPass also let’s me create multiple profiles on the same website which is great if you manage social media accounts for multiple profiles or if you have different profiles for your online banking at the same bank.

Here is short video on Password Management and my favorite password management app.