EmployeeScreenIQ Blog

An audit conducted by New South Wales’ Auditor General has found that fourteen people employed as volunteers for children’s organizations had dangerous criminal pasts that posed a significant risk to children.   According to the Auditor General, the Children’s Commission, the organization that oversees the health and well-being of children in New South Wales, can only stop the employment of volunteers if they are found to have serious child-related offenses in their past.

Now, correct me if I’m wrong, but I would consider many different crimes unrelated to children to be a basis to deny employment to someone looking to work with children. 

1.  Murder

2.  Assault (with or without a weapon)

3. Drug Related Offenses or Use

4.  DUI (if the position requires transporting children)

5.  Sexually related offenses (against adults)

I could go on but I think you catch my drift.  NSW and the Children’s Commission better get on the ball and plug these holes in their background check process before somebody gets hurt.

Background checks leave kids vulnerable

At least 14 people known to pose a significant risk to children were employed to work with young people in New South Wales last financial year, the state’s Auditor-General has found.

ABC News Australia – February 24, 2010

An audit by Peter Achterstraat has found the process used to check people who work with children in NSW does not reliably identify everyone who poses a danger to young people.

The audit has also found that people who have been assessed as being a significant risk to children can be employed to work with them.

Releasing the findings this morning, Mr Achterstraat said there were 14 such cases last financial year.

He said the Children’s Commission could only stop people identified as being dangerous from working with children if they had been convicted of a serious child-related offence.

Mr Achterstraat said it was also not known how many volunteer organisation were running Working With Children safety checks.

“Whether we like it or not, there is a danger that perpetrators of child abuse will deliberately target voluntary associations to get access to children…” he said.

“Parents expect that people working with their children would have been checked. There is a safety net but it has got holes in it and those holes need to be mended quick smart.”

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The National Consumers League (NCL), a Washington DC-based consumer watchdog, has reported that employment fraud was the 6th most reported scam in 2009 and is continuing to gain momentum due to the high unemployment rate.  These scams typically target those looking for work by asking them to provide personal information to run a background check or guaranteeing a job for an up front placement cost.  For those already struggling to make ends meet while unemployed, unknowingly falling victim to one of these scams is just another kick to the gut.

Consumers looking for work need to be very careful during their job hunt.  The following article details the types of scams currently making the rounds and how to spot them.  Just remember: if it’s too good to be true, it probably is.

Employment Fraud on the Rise

Scammers ‘guarantee’ better resume, new job for $5,000

By Evan Binns, St. Louis Business Journal – 02/21/2010

Carolyn, who has been unemployed since November, was thrilled when she opened an e-mail regarding a recent job application she filled out for a local medical administration assistant opening.

The e-mail wasn’t from the potential employer, but a third party identifying itself as a pre-screening service. It claimed that Carolyn needed to complete a background check, and include her Social Security number, in order to proceed with her application.

Carolyn was suspicious that the request came from a company other than the potential employer, so she called her friend Cynthia Dodson, vice president of career consulting and services at Right Management, who immediately flagged the e-mail as a possible scam.

According to a recent report by the National Consumers League (NCL), a Washington, D.C.-based consumer watchdog, the struggling economy has led to a significant rise in the number of employment-related scams.

“This year we saw a spike in complaints related to bogus business opportunities,” said John Breyault, vice president of public policy, telecommunications and fraud at the NCL.

Recession-fueled employment scams, which include fraudulent franchises and distributorships, were listed as the sixth most reported scam in 2009 by the NCL’s annual report. Employment fraud totaled 2 percent of all scams tracked nationally.

In 2008, employment fraud did not even make the list of top 10 fraudulent activities

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In what can only be deemed as a blunder of catastrophic proportions, the Charlotte-Mecklenburg Police Department hired a police officer with a history of domestic violence in which a restraining order was issued against him.  Somehow, the background check conducted on this individual missed this record – a record that also prohibited him from owning or carrying a firearm during the time the restraining order was in effect.    This officer now stands accused of sexually assaulting five women while on duty.

With the resources available to them, there is no excuse for the CMPD not to have known about this person’s history.  An editorial that appeared in the Charlotte Observer really hits the mark describing the ramifications of not completing a comprehensive background check on this person:

“If he’s guilty of the charges against him, his hiring brought physical and emotional harm to at least three women and put untold others at risk. It has jeopardized criminal cases Jackson worked on and damaged the hard-earned trust police need from citizens to help keep communities safe.

This is a folly that must not be repeated. CMPD must fix any personnel problems or practices that allowed it to happen, and those responsible for the botched background check must be held accountable.”

Looks like CMPD has some work to do. ..not to mention quite a mess to clean up.

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If you lie about your education credentials in the U.K., you’re not only out of the job – you’re going to court too!

An HR Manager re-applying for her position after a company re-organization was found to have falsified her academic accomplishments.  She had claimed to be in the process of a completing an HR training course, hold both a HRM degree and a marketing certificate from Oxford Brookes University as well as an advanced marketing certificate from Swindon College.  Turns out this wasn’t the case and she has now been given a six month suspended prison sentence, 150 hours of community service and is forced to pay £9,600 in compensation.

I’m guessing a thorough background check wasn’t conducted when she was hired which is why she was able to get away with her lies for the three years she worked for the company. 

This story teaches us two things:  First, it is important to screen ANY person that may work for your company – high and lower level positions.  Dishonesty isn’t exclusive to those with little to no work experience.  Second, continually screening your employees is vital to making sure they are keeping on the straight and narrow.  You never know what you may find the second time around!

HR manager sentenced for lying about qualifications

Employers reminded that risk of staff fraud can exist in all layers of management

By Claire Churchard, People Management – January 6, 2009   

Employers have been reminded of the risks of employment fraud after Kerrie Devine, an HR manager in Devon, was given a suspended prison sentence for lying about her qualifications.

Devine, a senior NHS human resources manager from Lympstone, was found guilty of lying about her qualifications to Devon Primary Care Trust (PCT) in the course of reapplying for a post after a reorganisation.

Devine was HR manager at East Devon PCT between 2003 and 2006, but when East Devon PCT was dissolved into newly-formed Devon PCT, staff were required to submit expressions of interest in new posts at Devon PCT.

Devine, who was on a lengthy period of sickness absence at the time, was found to have submitted a dishonest application in her expression of interest in March 2007.

She falsely claimed to be part way through a CIPD course and to hold a degree in HRM from Oxford Brookes University. She also falsely claimed to hold a certificate in marketing from the same university, and a Chartered Institute of Marketing advanced certificate from Swindon College.

Exeter Crown Court gave Devine a six-month suspended prison sentence and ordered her to pay £9,600 in compensation. She must also carry out 150 hours of community service. The investigation was carried out by the NHS Counter Fraud Service (CFS).

Debbie Lloyd, south-west operational fraud manager of the NHS CFS, said: “This positive outcome to our investigation is a reminder that fraud against the NHS can be committed by people in well-paid, senior positions.”

David Chernick, senior manager at KPMG Forensic and chairman of anti-fraud body PREFIT, added that the case also illustrated the value of secondary checks on people who had been employed for some time.

He said a second opportunity to check credentials often comes when there are changes to employment contracts. “I predict that many employers will find dishonesty the second time around.

“Credential checks are an important thing for HR to do and if they don’t carry them out then the security guys will increasingly have to take over the responsibility.”

Greg Allen, director of human resources and workforce development at NHS Devon, said: “We believe that the publicity surrounding the court case sends a clear message to people that if you defraud, or attempt to defraud the NHS, you will face the full force of the law.

“Kerrie [Devine] purported to give professional HR advice on the back of qualifications that she did not have. She also went out of her way to cover the tracks of her deception.

“No one should be in any doubt about the message. If you try to deceive the NHS you will be found out and dealt with appropriately.”

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A Minnesota law student is lobbying hard for changes to her state’s expungement process.  Carly Melin, a law student at Hamline University School of Law, has drafted an amendment to her state’s expungement statute that would give courts the right to not only seal criminal records held by the judicial branch but those maintained at the executive branch (police departments, law enforcement agencies, etc.) as well. 

Law student in lobbying effort to make expungement more meaningful

By Michelle Lore, Minnesota Law – December 11, 2009

A local law student is leading an effort to get lawmakers to go back to the drawing board on expungement procedures.

Expungement is supposed to provide a chance for a fresh start by allowing criminal records to be wiped clean in some instances. However, a narrow statutory expungement mechanism and limits on the ability of judges to expunge nonjudicial records have combined to create a very messy situation for those in search of a clean slate.

Most criminal records — including those maintained by police departments — are held outside the judicial branch. Sealing judicial records provides little benefit when a potential landlord or employer can easily retrieve an arrest record from a local police department during a background check.

Hamline 3L Carly Melin has been working on an amendment to the expungement law that would give judges the power to remove the scarlet letter from a past mistake without leaving the smudge marks. In 2008, Melin and a fellow law student drafted an amendment to the state’s expungement statute that would give courts clear authority to seal criminal records held by executive branch agencies. They weren’t successful during the 2009 session, but Melin is planning to be back again lobbying for the change in 2010.

“I’m trying to get them to clarify the statute so that courts can start to provide a meaningful remedy for people,” she explained. “Right now there is basically no remedy for people who have criminal records.”

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A civil lawsuit brought about by the parents of Michelle Herndon, a University of Florida student found murdered in her home in November of 2005, alleged that her killer’s former employer was in part responsible for her death.  Her killer, Oliver Travis O’Quinn, was employed by Shands Teaching Hospital and Clinics, Inc. as a surgical nurse at the time of Herndon’s death.  Michelle Herndon died of an overdose of Propofol, Midazolam and Estomidate, anaesthetics available only by prescription that were stolen from the hospital by O’Quinn.  O’Quinn was convicted in 2008 of administering the lethal dose.

A Florida Appellate Court found that Herndon’s death “was a forseeable consequence” because the hospital “fail[ed] to use reasonable care in the hiring and supervision of O’Quinn.”  In its decision, the Court stated that the hospital ”knew or should have known of [O'Quinn's criminal history] had it done a competent background check of O’Quinn.”  A background check would have revealed that O’Quinn’s criminal history included theft of controlled substances.

Had the hospital done its due diligence and conducted a comprehensive background check when hiring O’Quinn, perhaps this tragedy could have been avoided. 

Court Decision: HERNDON v. SHANDS TEACHING HOSPITAL AND CLINICS, INC

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I’m not sure if this is a new trend emerging or one that has been only recently unearthed  as background verifications have become more and more common.  Either way, it does a great disservice to those who have so bravely served our country and rightfully earned those honors.

Employers can easily verify a candidate’s military service by requesting a copy of their DD Form 214 from the National Personnel Records Center.  This document details a veteran’s military service record which includes any awards or medals he or she may have received.  As with any other previous employment information your candidate provides to you during the hiring process, you can and should verify its accuracy.

Stolen Valor

By James Dao, The New York Times – October 5, 2009

Fraudulently claiming to be a decorated war hero so infuriates veterans that they have given the deception a name: stolen valor. And since 2005, it has been against federal law, punishable by a fine and up to a year in prison.

Now, in perhaps the highest-profile case of its type this year, the government has charged a Colorado man, Richard G. Strandlof, with fraudulently claiming to have won a Purple Heart in Iraq.

Until he was unmasked this year, Mr. Strandlof was better known in Colorado as Rick Duncan, a charismatic former Marine Corps captain who had served three tours in Iraq, been wounded by a roadside bomb in Falluja and struggled with post-traumatic stress disorder.

His tale was convincing enough that Mr. Strandlof became a spokesman for Iraq veterans in Colorado, meeting with mayors, appearing with political candidates and forming a well-regarded group, Colorado Veterans Alliance.

But his story began to come apart this spring when Mr. Strandlof falsely claimed to officials at Fort Carson that he worked for a United States senator, Mark Udall. A subsequent check of records by people in the Colorado Veterans Alliance showed that he had never served in the military and had not attended the Naval Academy, as he had claimed.

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The family of a heart attack victim has filed a wrongful death lawsuit against the emergency room doctor, hospital and hospital owners responsible for his care for wrongful death, conspiracy, negligent hiring and supervision.  The family alleges that the doctor purposely let his patient die in order to steal his Rolex watch.

While there is no mention of the vetting procedure the hospital followed with regards to the hiring of this doctor, I am sure this information is forthcoming.  Considering the level of responsibility that goes along with those who provide medical care to the sick and dying, anything short of a comprehensive background check is totally unacceptable.

St. Joseph’s Medical Center emergency room doctor steals Rolex leaves patient to die

Stockton, CA—A St. Joseph’s Medical Center emergency room doctor is under fire by the family of a retired Manteca police Lieutenant who died from a heart attack last June. The family alleges the doctor did not resuscitate their father so he could steal his Rolex. The adult children of the retired police official filed a wrongful death lawsuit last week, as reported by KTXL.

According to the lawsuit, Jerry Kubena Sr. was rushed to the St. Joseph’s Medical Center on June 1st for heart problems. Emergency room physician Dr. Cleveland Enmon allegedly allowed Kubena to die from a heart attack after he noticed his Presidential Rolex watch on his wrist. Two nurses reportedly noticed the watch was missing from the body of Mr. Kubena, and that a bulge appeared in the doctor’s pocket. The nurses reported the missing watch to security, who then told everyone to remain where they are. The lawsuit claims Dr. Enmons somehow slipped outside the hospital and walked into the parking lot, which was caught on the hospitals security cameras. A nurse decided to follow the doctor, and witnessed him throw something from his pocket into a grassy area in the parking lot. The nurse reportedly brought security to the area where she saw Dr. Enmom throw something, and recovered Mr. Kubena’s Rolex. Dr. Enmon was apparently confronted with the hospitals security footage, and was fired on the spot.

The civil lawsuit charges Dr. Cleveland Enmon, St. Josephs Medical Center, and hospital owners Catholic Healthcare West for wrongful death, conspiracy, negligent hiring, and supervision. The lawsuit also claims St. Joseph’s Medical Center tried to cover up the emergency room doctor’s crime after he was fired. Dr. Enmon was also reportedly indicted by a San Joaquin County grand jury last month for grand theft stemming from the death of Mr. Kubena.

Legal News Reporter: Nicole Howley-Legal news for California wrongful death lawyers.

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An Albany State University associate professor has been arrested on suspicion of sexual assault on two female students.  It has been discovered that Dr. Philip Jemilohun was convicted of misdemeanor sexual battery in Virgina in 2001, but was not required to register as a sex offender in the state of Georgia because his conviction pre-dates June 30, 2001.  Jemilohun was also convicted in Georgia of solicitation of sodomy back in the 1980’s but that crime is not considered a sex offense.

ASU and the Georgia Board of Regents state that criminal, social security number and employment history checks are conducted on all job applicants for a minimum of seven years.  The criminal records check is only conducted in the state of Georgia.  Since criminal checks were only conducted in Georgia, it is obvious the school would not have known about the associate professor’s sexual battery conviction in Virginia. 

What can we learn from this story?  That it is vital that employers conduct thorough criminal records checks in all places that an applicant has lived or worked.  Limiting your criminal history check to the current state or county of residence, or even the last “X” number of years could be a costly mistake. 

Biology Professor has two previous convictions

By Jenna McWilliams, Fox 31 News – Wednesday, September 16, 2009

New information discovered by FOX 31 News sheds a different light on Albany State University associate professor Dr. Philip Jemilohun.

63-year-old Jemilohun was arrested Tuesday after two female students came forward with complaints of sexual assault.  Classes continued without a hitch at ASU today, but students were coy about the recent arrest of Jemilohun.

“Don’t let one apple spoil the whole bunch.  I don’t look at any of them differently. It’s really messed up that he did that,” said Brekita Kraft.

“That kind of disgusts me actually because I’m like why are you messing with your students,” said Nikita Davis, sophomore at ASU.

But FOX 31 News has confirmed Jemilohun has two prior convictions. One from the Atlanta area dating back to the 1980’s for the solicitation of sodomy. Authorities say he was given first offender treatment in that case and it isn’t considered a sex offender act. The most recent conviction was in Virginia in 2001, a misdemeanor for sexual battery.  Sources say that conviction dates prior to June 30, 2001, which would not require Jemilohun to register as a sex offender in the state of Georgia.  ASU Police Chief Roberson Brown says he’s turned the investigation over to the District Attorney’s office.

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Do you remember the Onterrio Smith scandal?  You know, the one where he was caught with “The Original Whizzinator” at the Minneapolis-St. Paul International Airport and subsequently suspended by the Minnesota Vikings for the entire 2005 season?  I’m sure it’s coming back to you now!

It turns out Mr. Smith left this piece of NFL history behind in a storage locker somewhere in Minnesota and it was put up for auction.  And yes, there was a buyer.

It’s true what they say:  One man’s trash really is another man’s treasure.

And the buyer of the ‘Whizzinator’ is…

A sports bar owner in Mankato revealed himself Sunday as the purchaser of “The Original Whizzinator,” and he said he intends to use the device that made Onterrio Smith infamous to raise the profile of his own establishment.

“I want to be the new training camp headquarters for the Vikings,” said Matt Little, the owner of Buster’s Sports Bar & Grill in Mankato.

The Whizzinator will be encased in glass at his bar’s memorabilia section next to jerseys of two Twin Cities sports superstars, Adrian Peterson and Justin Morneau.

Little recalled his reaction when he heard the Shakopee Auction Center was going to sell the device, which Smith was caught possessing at the Minneapolis-St. Paul International Airport in May 2005.

“I thought, ‘You got to be kidding me,’ ” Little said.

But Little, who had a prior engagement, was determined to take ownership of the device, recruiting a purchaser and giving him a $1,000 budget.

Little had someone place the winning bid of $750 for him Friday night at the Shakopee Auction Center.

Now Little wants to reunite the Whizzinator with its original owner.

“I got a guy who knows Onterrio, so we want to do a reunion,” he said. “How classic would that be?”

— Sean Jensen, Pioneer Press – August 31, 2009

NOTE: The makers of “The Original Whizzinator”, George Wills and Robert Catalano, are due to be sentenced in federal court on October 8, 2009.  They are charged with conspiring to defraud the Substance Abuse and Mental Health Services Administration (SAMHSA), the federal agency that oversees federally mandated drug testing programs.  Both face up to eight years in prison and/or hefty fines for manufacturing and selling the device via their company website.

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