California Passes Law to Shed Light on Criminal Background Checks, or Lack Thereof

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California Passes Law to Shed Light on Criminal Background Checks, or Lack Thereof

California Passes Law to Shed Light on Criminal Background ChecksIt’s hard to believe but the holidays are just weeks away. And during this time many families, especially those with working parents, scramble to find Winter camps or classes for their kids during the vacation break. For years, parents have taken for granted that these programs have screened their staff to weed out child predators, but in recent years we have heard all over the news about an increasing amount of child molestation cases.

And yet, not all businesses that come in contact with children have to conduct criminal background checks, and their employees don’t have to disclose if they’ve been arrested for felony cases when there have been no convictions. Furthermore, information may not be complete or incorrect, making searching the Meghan’s Law website, a database of sex offenders, even more challenging for parents.

Because of the publicized child abuse incidents and the lack of employee screening, momentum has been building for more laws to protect kids.

Parents, Fear No More?

In an effort to prevent child abuse, Governor Brown signed into law Assembly Bill 1852, which requires that all businesses where employees work directly with minors must prominently disclose in writing whether or not they have employee criminal background checks on file. To be clear, the new law, which takes effect January 2015, doesn’t require these businesses to conduct the employee background checks only to tell you their policy on whether they obtain them.

The law doesn’t affect child care centers or schools, which have their own set of rules to protect children. AB 1852 affects businesses providing mentoring, tutoring, or instructional services such as math tutors or dance schools, to name just a few after school program activities.

Choosing After School Program Activities Wisely

The new law may not be 100{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} comforting but it does arm parents with more information about who their kids come in contact with. Some businesses may not have been forthcoming about their employee screening policies but now they’ll be forced to disclose whether they’ve been lax in this area. And if they start losing customers it may encourage more businesses to vet their staff better. Come January, parents can make better informed decisions about their kids’ extracurricular activities.

Assurance through Criminal Background Checks

For companies that want ensure their clients’ safety and protect their business through full criminal background checks, Santoni Investigations & Backgrounds offers these services and more. Customizable reports can be ordered to comply with state laws while satisfying customers’ need for assurance that their children will be safe. Santoni has access to the most up-to-date databases and the experience to verify the information so that all parties can focus on the kids.

Learn more about Employment Background Screening:

Online Background Checks: They Aren’t What You Think

Free Background Checks May Really Cost You

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Even Law Enforcement Can Get It Wrong Sometimes

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Tim Santoni

We rely on law enforcement (Police, Sheriff, FBI, etc.) to “protect & serve.”  They have the difficult task of arresting and investigating people on crimes that range from moving violations to murder. And sometimes they can get it wrong especially with the latest child abduction case we were hired to investigate. I felt compelled to share my account of this case to protect others from what may have been a dangerous situation for my client and her child.

Parental Child Abduction Investigation

Our client, a mother seeking to have her child returned from the father after 11 months of being on the run, retained us to handle various aspects of the investigation. We launched an inquiry reaching out to the investigators at the District Attorney’s office and other law enforcement agencies to share our findings and gain their cooperation and assistance to have the child returned to the legal custodian and mother.

Our investigation was underway and in an effort to get the father of the abducted child to come forward, our client reached out to the press. The distressed mother was able to give an on camera plea asking for the return of her daughter.  The piece ran twice on local television and an acquaintance of the father contacted him and ultimately convinced him to come forward.

Courts and Child Abduction Cases

Even Law Enforcement Can Get It Wrong Sometimes Even Law Enforcement Can Get It Wrong Sometimes

We went in ex-parte to get the court to turn over the child to the mother and get the necessary documents served on the father.  The bailiff was able to serve the father in the courtroom for the upcoming trial.  Because there was no child abduction defense and the District Attorney had a case open, an attorney from the DA’s office was present to insure that the child was turned over to the state or the mother.  The family court commissioner stated that because the mother of the child was present there would be no reason why the child should not be turned over to her.  The emotions filled the courtroom as the mother who hadn’t seen her daughter in almost a whole year embraced her child again.  The parties were excused by the court.  The mother, daughter and legal team departed the courtroom.  The father remained seated in the courtroom and eventually departed

Legal Follow Up in Child Abduction Cases

Prior to court proceedings, the bailiff was made aware of the fact that there were outstanding warrants out on the father. The DA and the attorney for the mother also alerted the bailiff of the warrants at the beginning of the hearing. Prior to processing the father, the bailiff needed to confirm the warrants before taking him into custody.

As the parties departed the courtroom, I wanted to keep eyes on the father to insure that he didn’t confront the mother and baby.  I also overheard the bailiff on his radio asking for security assistance.  I was expecting the father to be taken into custody outside of the courtroom.  The father and his legal team departed the courtroom and proceeded outside the area. As soon as the father exited the courthouse he walked rapidly to his vehicle. I followed him closely to observe the vehicle and plate that he departed in before returning to the courthouse.

Law Enforcement System Breakdown

3D white people. Security control airport access. Metal detector

Concerned for my client’s safety, I remained in the area to make certain that the mother and daughter felt comfortable as they exited the courthouse and departed the area.  While waiting outside of the courthouse I observed the bailiff exit and frantically look for someone or something.  I overheard him say something to another deputy about the fact that the father had gotten away.  I approached the deputy and asked him what had happened.  He said that they couldn’t process the father’s paperwork fast enough because he didn’t have his date of birth.  The father knew he had outstanding warrants and made a hasty exit. I informed the deputy of the vehicle and plate he departed in and provided a picture of the fugitive.

I can’t understand how criminals can enter a courtroom with warrants and walk out without being questioned, detained and arrested.  Why not detain him until they process the warrant search?  Why can’t they find his date of birth in the pleadings that were filed with the court?  Better yet, ask the attorneys and investigators in the courtroom.

If we want to keep our courts safe and the public safe we must know who is entering our courthouses; especially those courts that are handling domestic violence, restraining orders, custody orders and abductions.

Learn More About Our Professional Private Investigation Services:

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Are Law Firms Getting a Good Deal on Databases?

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Are Law Firms Getting a Good Deal on Databases?

Due to custom and convenience, some law firms still depend on expensive databases for their research. And while for years this has been sufficient, the costs to access these databases now outweigh the benefits.

Investigations for Law Firms Not Dependent on a Database

Each case has its own set of problems and expectations, but no matter the situation, each one will require an abundance of careful research. Sometimes a simple public records search is need and other times a comprehensive background investigation will be needed.

The ability to negotiate effectively and win a case rests on thorough, up-to-date research and with databases like Westlaw, IRB Accurint or LexisNexis lawyers can’t always get the full picture. Since 2005 for instance, due to political pressure, Westlaw discontinued full Social Security access to most of its subscribers. Also, when attorneys need criminal records, for instance, they may find an inflexible index system due mainly because different states and local governments maintain records in differing ways.

In situations like these, where indexing systems vary from state to state, law firms may need the personal assistance of a, licensed, professional investigation firm like Santoni Worldwide that has a working knowledge and understanding of the records system and has working relationships with onsite court researchers.

Climbing Costs of Online Services

And these online research services have gotten more expensive while a law firm’s ability to recover the costs through client billing have diminished. Most firms negotiate annual plans. Less expensive plans limit access to certain states and court districts and if there’s a need for information outside of the plan then, of course, out-of-plan fees get tacked on.

Clients are savvier consumers now and don’t want to pay research fees for something that seems like their lawyers should automatically pay on their own. More and more, firms are absorbing database fees into their overhead or, if possible, they try to recoup costs in the attorney fee award.

Easily Accessible Investigation Services

Santoni’s experienced investigators work with law firms regularly. They are familiar with the varying records offices nationwide and have working relationships with court runners, records researchers, and librarians. Additionally, the subscribe to several of the best commercial databases that provide national coverage, full social security numbers and dates of birth. When conducting specific searches they work with court runners to limit the documents that pertain to the specific subject. Attorneys not only need evidence but they need the supporting investigative material to back it up, and Santoni delivers comprehensive reports and documentation to help them win.

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We find things…

Here are just some of the things that a Private Investigator will be called upon to locate. The key is to find these things discreetly and professionally so that no one can determine who and why the Private Investigator was hired.  Additionally, obtaining this type of information in a legal and admissible will keep you on the right side of the law and insure that your evidence holds up in court.

1. Witnesses
2. Neighbors
3. Debtors
4. Clients
5. Inventors
6. Property
7. Vehicles
8. Businesses
9. Former Employees
10. Website Owners
11. Missing Family Members
12. Missing Heirs
13. Property Owners
14. Blog Operators
15. Counterfeiters
16. Civil Records (State & Federal)
17. Driving Records
18. Tracking Devices (GPS)
19. Hidden Cameras
20. Criminal Records (State & Federal)
21. Credit Reports (Individual & Business)
22. Inmates / Jail Records
23. Registered Sex Offenders
24. Competitive Intelligence
25. Bankruptcies
26. Judgments
27. Liens
28. Notices of Default
29. Public Records (Nationwide)
30. Political Affiliations
31. Voter Registration Records

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National-International Private Investigators Day

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July 24th

Private Investigators provide a fundamental and vital role in society today, and have proven time after time to be an extremely valuable asset to society. National and International Private Investigators Day is July 24th, commemorating the birth year of Eugene Francois Vidocq, the very first Private Investigator who founded the first known detective agency in 1833. Vidocq’s birthday is on July 24, 1775 or 24/7 as much of the European countries place the day before the month. Professional, licensed private investigators (P.I.s) in this area are joining an estimated 80,000 private investigators across the United States in observing National Private Investigators Day on July 24, 2014. Private Investigators in the United States will be joined by their international colleagues.

Additional Reading:

Private Investigators Have Become Twice as Good at Snooping Since 9/11

Private Investigators can be a CEO’s Secret Weapon

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Digital Forensics

Something everyone will need in one way or another, but not too many people know what it really means.

In today’s fast paced world of electronic data sharing, streaming and downloading we create a digital footprint that tells quite a story. Our location, favorite restaurants, habits, pictures and communications of all types (email, text, social media, etc.) are on one or more devices that we carry around with us all day every day. Our devices can tell the whole story and in many cases the whole truth.

Whether you carry an iPAd, iPhone, Android, Samsung Tablet, Laptop, MAC or Blackberry the data that you create, share and delete can be retrieved, recreated and searched to develop information about the past.

Your stored WiFI hotspots, your GPS location information, documents, photos, text messages and much more can be extracted using Digital Forensics.

According to Wikipedia Digital forensics is defined as a branch of forensic science encompassing the recovery and investigation of material found on digital devices, often in relation to computer crime.

Digital forensics is most commonly associated the process of e-discovery in civil and criminal cases where parties request or are required to provided information that has been stored in digital form.

The first step in the digital forensics process is creating an image or exact copy of the drive or device that you will be investigating and searching. This is a key part of the digital forensics investigation because altering data in any way that will be needed as evidence can and will cause it to be thrown out by most courts.

So, before you our your trusted IT professional start digging into the former employees computer look for signs that he or she stole a customer list or downloaded products specs to a flash drive remember that the tampering with and or altering of the metadata on that ex-employees computer could cause any and all evidence of wrongdoing to be excluded from the evidence in your case.

Additional Reading:

Digital Forensics in Domestic Cases, Infidelity & Family Law

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Make your difficult serves, stick (Proofs of Service)

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Once you serve the difficult defendant or witness you must make it stick.  Know how to accurately complete the court approved Proof(s) of Service is key.  The Proof of Service is the document that will be filed with the court or maintained in the litigation file as proof that the defendant or witness was effectively served.  In many instances, improper service and improper filing or missing filing dates can jeopardize your case or even result in it being dismissed by the judge.  An accurate proof of service should be prepared electronically, utilizing software so that it is legible.  Additionally, the process server or investigator serving is required to personally sign the proof under penalty of perjury.  Many process servers sign proofs on behalf of their process servers; this is not a recommended practice.

At many investigation firms, a physical and/or electronic case file is maintained detailing information on the case work-up, service attempts and other details on the case in the event that the service or circumstances of the service are questioned at a later time.

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Why won’t law enforcement assist when you are serving process?

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When you are serving process involving civil cases, law enforcement will often side with the property owner, residents and guards at the gates.  This is merely because they are not trained in Code of Civil Procedure and only view their role from the criminal side.  They want to mitigate liability at all costs.  That said, they do not often understand that when you are serving process you are an officer of the court and you are permitted to trespass in order to effect service.  Law enforcement takes every step to mitigate liability and will not stick their proverbial necks out to help you get your target served.

You don’t want law enforcement called with lights and sirens when you are serving a difficult target so you must be tactful.  Abide by local rules, do not speed and do not park near parks and common areas.

Additional Reading:

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Process Serving Tactics

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Verify that the subject resides at the address you are attempting by asking the proper questions when you make contact at the residence.  For example, you should not say, “Is Tom Smith home?”  Instead you should say, “Does Tom Smith live here?”  The latter is vital because per the code, you can sub-serve documents at a location where the defendant resides, receives mail or works.  Confirming that the subject resides at a residence is vastly different than just learning that the subject is not home.

Be observant while serving legal documents.  Look for packages left on the porch that could bear the subject’s name.  Discreetly talk to neighbors to verify residence and activities.  Note vehicles including license plates observed in the driveway or on the street adjacent to the residence.  You need to assemble information that supports further attempts at the address you have or to report back that the address is no good.

Additional Reading:

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