This document provides summaries of updates to public records and court systems in 3 states: - Hawaii upgraded electronic access to circuit court records to reduce wait times and delays. However, records on the site are not considered official and caution is advised. - Nebraska added the ability to electronically file probate cases in all 93 counties to its eFiling system, which already included civil, criminal, and juvenile cases. - Oklahoma determined that full dates of birth should be disclosed in public court documents, modifying an earlier decision. The state is developing a single statewide court database system.

1. Volume 12 Number 1
January 2012
By Michael Liedtke
A clerical error landed Kathleen Casey
on the streets.
Out of work two years, her unemploy-
ment benefits exhausted, in danger of
losing her apartment, Casey applied for
a job in the pharmacy of a Boston drug-
store. She was offered $11 an hour. All
she had to do was pass a background
check.
It turned up a 14-count criminal in-
dictment. Kathleen Casey had been
charged with larceny in a scam against
an elderly man and woman that in-
volved forged checks and fake credit
cards.
There was one technicality: The com-
pany that ran the background check,
First Advantage, had the wrong
woman.
The rap sheet belonged to Kathleen A.
Casey,
Article continues on page 2
Skokie, Illinois USA Courthouse PRSRT STD
Photograph by Steven Brownstein U.S. POSTAGE
PAID
PERMIT NO. 164
MORTONGROVE, IL
By Steven Brownstein
CBS got it wrong. That's after AP got it wrong. Maybe There
Ought To Be A Correction. Complete List on Page 12
St. Thomas, St.Croix, St. John
Book 128a (Jan 2012) Friday, December 30, 2011 07:33
page 1 Composite

2. from people's pasts is rate background checks. that figure has grown to
When Their bought and sold as a com- "They're making it up as Dietrich says her firm more than 90 percent, ac-
Criminal Past modity. they go along." fields about twice as many cording to the Society for
complaints about inaccurate Human Resource Manage-
Isn't Theirs, A system in which com- Two decades ago, if a background checks as it did ment.
Continued from page 1
puters scrape the public county wanted to update five years ago.
files of court systems someone's criminal record, To take advantage of the
around the country to re- a clerk had to put a piece of The mix-ups can start with growing number of busi-
who lived in another town trieve personal data. But a paper in a file. And if you a mistake entered into the nesses willing to pay for
nearby and was 18 years system in which what they wanted to read about some- logs of a law enforcement background checks, hun-
younger. retrieve isn't checked for one's criminal past, you had agency or a court file. The dreds of companies have
errors that would be obvi- to walk into a courthouse biggest culprits, though, are dispatched computer pro-
Kathleen Ann Casey, ous to human eyes. and thumb through it. To- companies that compile grams to scour the Internet
would-be pharmacy techni- day, half the courts in the databases using public in- for free court data.
cian, was clean. A system that can damage United States put criminal formation.
reputations and, in a time of records on their public But those data do not al-
"It knocked my legs out precious few job opportuni- websites. In some instances, their ways tell the full story.
from under me," she says. ties, rob honest workers of Digitization was supposed automated formulas misin-
a chance at a new start. to make criminal records terpret the information pro- Gina Marie Haynes had
The business of back- And a system that can leave easier to access and easier vided them. Other times, as just moved from Philadel-
ground checks is booming. the Kathleen Caseys of the to update. To protect pri- Casey discovered, records phia to Texas with her boy-
Employers spend at least $2 world — the innocent ones vacy, laws were passed re- wind up assigned to the friend in August 2010 and
billion a year to look into — living in a car. quiring courts to redact wrong people with a com- lined up a job managing
the pasts of their prospec- some information, such as mon name. apartments. A background
tive employees. They want Those are the results of an birth dates and Social Secu- check found fraud charges,
to make sure they're not investigation by The Asso- rity numbers, before they Another common problem: and Haynes lost the offer.
hiring a thief, or worse. ciated Press that included a put records online. But dig- When a government agency
review of thousands of itization perpetuates errors. erases a criminal conviction A year earlier, she had
But it is a system weak- pages of court filings and after a designated period of bought a used Saab, and the
ened by the conversion to interviews with dozens of "There's very little human good behavior, many of the day she drove it off the lot,
digital files and compro- court officials, data provid- judgment," says Sharon commercial databases don't smoke started pouring from
mised by the welter of pri- ers, lawyers, victims and Dietrich, an attorney with perform the updates re- the hood. The dealer
vate companies that profit regulators. Community Legal Services quired to purge offenses charged $291.48 for re-
by amassing public records in Philadelphia, a law firm that have been wiped out pairs. When Haynes re-
and selling them to employ- "It's an entirely new fron- focused on poorer clients. from public record. fused to pay, the dealer
ers. These flaws have dev- tier," says Leonard Bennett, Dietrich represents victims filed fraud charges.
astating consequences. a Virginia lawyer who has of inaccurate background It hasn't helped that doz-
represented hundreds of checks. "They don't seem to ens of databases are now Haynes relented and paid
It is a system in which the plaintiffs alleging they have much incentive to get run by mom-and-pop busi- after six months. Anyone
most sensitive information were the victims of inaccu- it right." nesses with limited re- looking at Haynes' physical
sources to monitor the ac- file at the courthouse in
curacy of the records. Montgomery County, Pa.,
would have seen that the
The industry of providing fraud charge had been re-
background checks has moved. But it was still
been growing to meet the listed in the limited infor-
rising demand for the ser- mation on the court's web-
vice. In the 1990s, about site.
half of employers said they The website has since
checked backgrounds. In been updated, but Haynes,
the decade since Sept. 11, 40, has no idea
Big Story continues
PUBLISHER
Steven Brownstein
CONTRIBUTORS:
Mike Sankey, Les Rosen, Dennis Brownstein, Faheem Ebrahim
COVER PHOTOGRAPH: Skokie, Illinois USA Court
COVER PHOTOGRAPHER:
Steven Brownstein
PURPOSE: “Dedicated to pre-employment screenings everywhere”
The Background Investigator is published by Steven Brownstein, LLC,
PMB 1007, Box 10001, Saipan, MP 96950. Phone: 670-256-7000. Copyright
2011 by Steven Brownstein. Some material in this publication must not be repro-
duced by any method without the written permission of the copyright holder.
Book 128a (Jan 2012) Friday, December 30, 2011 07:33
page 2 Composite

3. In an effort to prevent bad onds. million selling the data last criminal records in bulk. It
When Their information from being year. But officials discov- has moved to a system of
Criminal Past spread, some courts are try- In the digital age, some ered that some background selling records one at a
ing to block the computer states have seen an oppor- check companies were re- time. By switching to a
Isn't Theirs, programs that background tunity to cash in by selling fusing to fix errors pointed more methodical approach,
Continued from page 2
check companies deploy to their data to companies. out by the state or to update North Carolina hopes to
how many companies scrape data off court web- Arizona charges $3,000 per stale information. eliminate the sloppy re-
downloaded the outdated sites. The programs not year for a bundle of discs cord-keeping practices that
data. She has spent hours only can misrepresent the containing all its criminal State officials say some has emerged as more com-
calling background check official court record but can files. The data includes per- companies paid $5,105 for panies have been allowed
companies to see whether also hog network resources, sonal identifiers that aren't the database but refused to to vacuum up massive
she is in their databases. bringing websites to a halt. on the website, including pay a mandatory $370 amounts of data in a single
Getting the information re- Virginia, Arizona and driver's license numbers monthly fee for daily up- sweep.
moved and corrected from New Mexico have installed and partial Social Security dates to the files — or they
so many different databases security software to block numbers. would pay the fee but fail Virginia ended its sub-
can be a daunting mission. automated programs from to run the update. The up- scription program. To get
Even if it's right in one getting to their courts' sites. Other states, exasperated dates provided critical full court files now, you
place, it can be wrong in New Mexico's site was by mounting errors in the fixes, such as correcting have to go to the court-
another database unknown once slowed so much by data, have stopped offering misspelled names or delet- house in person. You can
to an individual until a pro- automated data-mining pro- wholesale subscriptions to ing expunged cases. get abstracts online, but
spective employer requests grams that it took minutes their records. North Carolina, which has they lack Social Security
information from it. By for anyone else to complete been among the most ag- numbers and birth dates,
then, the damage is done. a basic search. Since New North Carolina, a pioneer gressive in ferreting out and are basically useless for
Mexico blocked the data in marketing electronic errors in its customers' a serious search.
"I want my life back," miners, it now takes sec- criminal records, made $4 files, stopped selling its
Haynes says. North Carolina told the AP
that taxpayers have been
Haynes has since found "absorbing the expense and
work as a customer service ill will generated by the
manager, but she says that members of the commercial
is only because her latest data industry who continue
employer didn't run a back- to provide bad information
ground check. while falsely attributing it
to our courts' records."
Hard data on errors in
background checks are not North Carolina identified
public. Most leading back- some companies misusing
ground check companies the records, but other cul-
contacted by the AP would prits have gone undetected
not disclose how many of because the data was resold
their records need to be multiple times.
corrected each year.
Story continues page 21
A recent class-action set-
tlement with one major da-
tabase company, HireRight
Solutions Inc., provides a
glimpse at the magnitude of
the problems.
The settlement, which re-
ceived tentative approval
from a federal judge in Vir-
ginia last month, requires
HireRight to pay $28.4 mil-
lion to settle allegations
that it didn't properly notify
people about background
checks and didn't properly
respond to complaints
about inaccurate files. After
covering attorney fees of up
to $9.4 million, the fund
will be dispersed among
nearly 700,000 people for
alleged violations that oc-
curred from 2004 to 2010.
Individual payments will
range from $15 to $20,000.
Book 128a (Jan 2012) Friday, December 30, 2011 07:33
page 3 Composite

4. Background Check
Filipino
Health Care Workers
The
Philippines is
one of the
world’s largest
exporters of
health workers,
making this one
of the country’s
most important exports.
Know who you are hiring
before they start.
Straightline International's
local staff provides complete
XR2
background searches plus
ALL public records in the
Philippines.
POINT TO POINT SERVICE
Criminal Search
Ask About Our
PUERTO RICO “No Delay” Philippines
Service
The ‘XR2’ Puerto Rico search is your Call 1-866-909-6678
insurance that you are getting the best possible Or Fax 1-866-909-6679
info@straightlineinternational.com
results. Straightline International
Shortest distance between you and the courts
It is proven that police searches in Puerto
Rico can contain more than 50% more missed
hits than the XR2.
The XR2 signifies a new plateau of search re-
sults never before heard of.
And no one else but Straightline offers the
XR2. or anything similar.
Shouldn’t you be offering your clients the
best?
Call 1-866-909-6678
Or Fax 1-866-909-6679
Alberta Nova Scotia
Straightline International
British Columbia Ontario
Manitoba Prince Edward Islands
New Brunswick Quebec
New Foundland Saskatchewan
Northwest Territories Yukon Territories
Book 128a (Jan 2012) Friday, December 30, 2011 07:33
page 4 Composite

5. The Public Record Update
News From Courts
Hawaii
Hawaii recently upgraded the electronic access to the state's Circuit Court records
though Ho'ohiki. Users of the system had been experiencing excessive waits and de-
lays. The Judiciairy added additional slots which should alleviate much of the wait
time. The long term plan is to replace Ho'ohiki with a new platform for Circuit
Court information on the state's Judiciary Information Management System.
However, be aware there are gaps in time periods Ho'ohiki, depending on the Dis-
trict. Also, these records are not considered "official" - there is a strong disclaimer at
the site. It is advised to use caution if this site is the only source for FCRA compli-
ant searches.
See www.courts.state.hi.us/legal_references/records/search_court_records.html
Nebraska
These Small Ads
The ability to electronically file probate case in any of the 93 counties has been
added to the Nebraska Judicial eFiling system. This includes cases involving estates, Are Affordable
guardianships, conservatorships, and trusts. Civil, criminal and juvenile case types
are already part of eFiling.
See www.supremecourt.ne.gov/court-information-tech/e-filing.shtml
Oklahoma
The Oklahoma Supreme Court has modified an earlier position and has determined
that the filing of court documents should include the full date of birth and the full
DOB should not be excluded from public documents. An earlier decision would
have limited the disclosure of this identifier.
The Judiciary is in the process of developing a single statewide court database sys-
tem. Eventually the public will have access to case information from all of the 77
county courts on one platform. Currently there are two systems that together provide
case information online from 76 counties. At present, records from Cimarron
County are not on either system.
SAIPAN –GUAM
For more information on the systems visit www.oscn.net. Criminal Research
Call 1-866-909-6678
Or Fax 1-866-909-6679
Wisconsin Straightline International
The Wisconsin Circuit Court Access system (WCCA) is a very popular public Micronesia
online access mode for case and docket information. One of the drawbacks to the
system is the lack of records from Portage county. Recently the WCAA announced
the addition of Portage court records dating back 25 years. However, users should be
aware this case information will not show up on the WCCA for several more
months. The data is being slowly added while being checked for completeness and
accuracy. A statewide WI check should still include an onsite search in Portage for
the next several months.
WCAA is accessible at http://wcca.wicourts.gov/index.xsl.
We welcome your comments and observations about The Public Record Update
Please address your comments to Michael Sankey at mike@brbpublications.com
Making copies of any part of the Public Record Update© for any purpose other than your own personal use is prohibited unless written authorization is ob-
tained from BRB Publications. Phone - 480-829-7475
Public Record Retriever Network - www.prrn.us
The CRA Help Desk - www.CRAHelpDesk.com
BRB's Free Public Record Resource Center - www.brbpublications.com/pubrecsites.asp
Motor Vehicle Record Decoder - www.mvrdecoder.com
BRB's Public Record Blog - www.publicrecordsblog.net
BRB's Bookstore - www.brbpublications.com/books
BRB's Public Record Blog - www.publicrecordsblog.net
Book 128a (Jan 2012) Friday, December 30, 2011 07:33
page 5 Composite

6. in the Kansas City Star. A the 'Health Care Facilities third public servant with a
Les Rosen’s group of Kansas City-area The victim was killed Workplace Violence Pre- criminal history has been
Corner lawyers serving as counsel when the timber company vention Act' (House Bill discovered this year.
for the family of the man truck driver's trailer went 1992) was recently intro-
A monthly column killed in the accident ar- across the center line while duced in the Pennsylvania Just days after revealing a
By Lester Rosen, gued that the timber com- taking a curve in the road- House, according to a re- man who allegedly embez-
Attorney at Law
pany had negligently hired way and clipped another port from HealthCa- zled $16 million from
the truck driver who caused vehicle, causing the tractor nal.com. HB 1992 - a joint Queensland Health had a
the accident without con- to cross the center line and effort by the Pennsylvania criminal history in New
ducting a basic background strike another car head on Association of Staff Nurses Zealand, it was learnt that
search that would have and veer directly into the and Allied Professionals Corrective Services has
quickly revealed a history cab of the semi-truck (PASNAP) and State Rep- hired a prison guard con-
of unsafe driving that in- driven by the victim, who resentative Nicholas Mi- victed of drug and weapon
cluded having his license died from his injuries an cozzie (R-163) - requires offences.
revoked twice. hour after the collision. The Pennsylvania hospitals and
jury returned a unanimous other health care facilities The guard was handed a
According to the press verdict that awarded $7 to take steps to protect job because a person ticked
release, the case primarily million to the victim's fam- health care workers from a wrong box during the
involved the timber com- ily and found the timber suffering from workplace check process.
pany truck driver's qualifi- company 75 percent liable violence that include secu-
cations to drive a commer- and its driver 25 percent rity risks assessments, find- Jennifer Dann was em-
cial vehicle and the timber liable. ing ways to create a safer ployed full-time by Queen-
Jury Awards 7 company's failure to appro- workplace, and helping sland Corrective Services
Million Dollars priately screen its drivers. "Background checks are a workplace violence victims in July and worked at the
Evidence was introduced at necessary step in avoiding report incidents. Brisbane and Woodford
to Family of the trial that the timber negligent hiring," says At- correctional centres.
Truck Driver company truck driver never torney Les Rosen, the foun- Specifically, the 'Health
should have been permitted der and CEO of Employ- Care Facilities Workplace Dann was sacked three
Killed in Acci- to drive a tractor trailer ment Screening Resources Violence Prevention Act' months later but only after
dent in Negligent since he had lied on his ap- (ESR) and author of 'The would provide for concerns from an outsider
plication and had received Safe Hiring Manual,' a "violence prevention com- were raised that a woman
Hiring Case two license revocations, comprehensive guide to mittees" in health care fa- with her criminal history
previous infractions that the background screening. cilities, for their powers would be allowed to guard
The family of a truck
timber company could have "Even after the most dili- and duties, and for reme- prisoners.
driver killed in a 2008 acci-
easily discovered with a gent candidate selection dies. HB 1992 helps health
dent in Arkansas was re-
simple background search process, hiring someone care facilities develop a This follows a blunder in
cently awarded $7 million
that took only 15 minutes without conducting a thor- plan addressing risk factors, March when a Croatian
in damages in a wrongful
and cost $15. The deadly ough background check can train security personnel, man on Interpol's most
death lawsuit brought
crash occurred only 19 days lead to major legal and fi- build staffing, and create a wanted list was discovered
against a timber company
after the truck driver was nancial ramifications for hospital "culture of safety." working as a state govern-
and its truck driver in an
negligently hired by the your company. If your new ment security guard after
Arkansas Federal Court,
timber company for the hire is dishonest about his The full text of Pennsyl- 18 months patrolling the
according to a press release
driving job. or her education, employ- vania House Bill 1992 (HB executive building and
ment or criminal history, 1992) the 'Health Care Fa- courts.
you could face the burden cilities Workplace Violence
of having an unqualified Prevention Act' is available The Government does not
worker wasting time and at http:// undertake its own criminal
resources or even having a www.legis.state.pa.us/ checks, rather it sends
violent employee in your CFDOCS/Legis/PN/Public/ names of applicants to the
office." btCheck.cfm? Queensland Police Service,
txtType=PDF&sessYr=201 which runs them through
1&sessInd=0&billBody=H the national criminal data-
Health Care &billTyp=B&billNbr=1992 base Crimtrac. The infor-
&pn=2761. According to mation is returned to the
Facilities the text, "this act shall take departments for their as-
Workplace effect in 180 days." sessment.
Violence Here’s Why According to court re-
Prevention Act cords, Dann has a convic-
Straightline tion recorded at Caboolture
Introduced in Mainly Uses The Magistrates Court in 2000
Pennsylvania for possession of a danger-
Courts? ous drug and weapon as
Read This: well as secure storage of a
To promote a "culture of
weapon.
safety" in health care facili-
ties and help protect health Fresh concerns have
care workers from incidents emerged over the State Continues on next pagr
of workplace violence in Government's ability to vet
the state of Pennsylvania, staff after revelations that a
Book 128a (Jan 2012) Friday, December 30, 2011 07:33
page 6 Composite

7. "A review of the criminal police officer and The Cou- an investigation into the Barlow are outlined in the
Why history checking estab- rier-Mail revealed he was failure to detect the illegal department's annual re-
lished that an administra- wanted by Croatian au- transfer of millions of dol- ports.
Straightline tion officer mistakenly thorities over drug and theft lars.
Mainly Uses The ticked the incorrect box on convictions from 2004. Editor’s Notes
a form,'' she said. But the decision sparked
Courts, continued from pg7 Responding to the Gov- fresh calls for Health Min-
Acting Corrective Services Ms Morrison said there ernment's failure to pick up ister Geoff Wilson to be The article, “Why
Commissioner Marlene was no evidence of impro- on Morehu-Barlow's crimi- sacked as the Opposition Straightline Uses The
Morrison acknowledged the priety during Dann's tenure, nal history, Police and Cor- insisted the Bligh Govern- Courts” doesn’t do justice
error and said the check did but did not say if other peo- rective Services Minister ment had a long record of to explain the errors and
pick up her history and her ple with criminal histories Neil Roberts this week ac- blaming only bureaucrats. omissions of local, state,
job application was re- had been employed as knowledged flaws with the and federal level police re-
jected. However, an admin- prison guards. system. Police have charged Bris- cords and their databases.
istrative error resulted in bane socialite and Health
Dann's employment after In similar circumstances, The three cases raise seri- purchasing officer Joel Last year, Straightline
she sought a review. the Department of Public ous questions about the Morehu-Barlow with one tested thousands of
Works only became aware State Government's han- count of defrauding the de- searches with both the court
Ms Morrison said Dann of the past of security guard dling of employees' crimi- partment of $11 million. and police records.
worked full-time at Bris- Marino Katalinic, 36, after nal checks.
bane Correctional Centre he held his job for 18 An investigation last year The closet study of this
and Woodfood Correctional months. The latest revelations cleared him of any wrong- nature was performed in the
Centre for three months but come as three senior health doing despite a detailed late 90’s by the State of
was sacked the day after He was sacked on May 31 managers were stood down complaint, while payments Florida comparing name
they found out. this year after he was found on full pay by Queensland of $4 million to a trading only checks to fingerprint
guilty of impersonating a Health yesterday pending entity set up by Morehu- ID checks.
All of us who were around
then remember the results.
Our industriy’s term, ‘false
positive, came as a result of
that study.
But what we resulted in
our test result was unex-
pected and stunning.
Do not bank on getting as
many hits or any hits at all
using police databases on a
name check basis.
The hit ratio from the
court far exceeded the one
from the state police by up
to 50%.
The test results are avail-
able for those serious about
criminal records.
Contact Dennis Brownstein
at 1-866-909-6678
Book 128a (Jan 2012) Friday, December 30, 2011 07:33
page 7 Composite

8. Understanding TRC - DUI ent jurisdiction - as of Are Printers An tions that make them oper-
TRD - All other traffic vio- 2000, all MCT cases are ate more like computers.
Ohio’s Case lations given the designation of Open Invitation
Numbering CVH. To Steal? "These devices are com-
Civil Division Special news pletely open and available
System CVE - Damage to person On criminal and traffic to be exploited," says Co-
and/or property cases, you will notice a four Columbia University re- lumbia professor Salvatore
The three letter prefix CVF - Monetary damages (4) digit suffix indicating searchers have found a new Stolfo.
indicates what type of case CVG - Eviction the number of charges in class of computer security
it is. Below is a listing of CVH - Replevin the case. flaws involving printers For example, the research-
the case categories: CVI - Small Claims that could impact millions ers showed how a hijacked
CVJ - Rent Escrow All Criminal/Traffic cases of businesses, consumers, computer could be given a
Criminal/Traffic Division CVK - Drivers license ap- are given the suffix "0101" and government agencies. command to continuously
peals which means "one of one". heat up the printer's fuser,
CRA - Felony MCT - Court transfers to The researchers say that eventually causing the pa-
CRB - Misdemeanor collect judgment in a differ- When more than one certain Hewlett-Packard per to turn brown and
charge is filed simultane- (HP) LaserJet printers can smoke.
ously, the case numbers be remotely controlled over
increase to the number of the Internet, enabling com- The researchers also
counts you are cited. puter hackers to steal per- found that printers auto-
sonal information, attack matically accept software
The case numbers given normally secure networks, updates from unknown
are then put in order of se- and cause physical damage sources, making them vul-
verity. to hardware. nerable to viruses that can
be remotely installed.
For example, if you are HP's Keith Moore says the
stopped by a police officer initial research suggests the UK’s Definition
and cited for going 10 likelihood that the vulner-
miles over the speed limit ability can be exploited in Of Hireability
and not having a valid driv- the real world is low. Undergoing
ers license, your case num-
bers would be similar to the However, the Columbia Changes
following: researchers claim the secu-
rity vulnerability is so fun- The UK government is
no valid drivers license damental that it could affect considering widening the
TRD-99-12345-0102 tens of millions of printers definition of a criminal re-
speeding TRD-99-12345- and other hardware that use cord when employers de-
0202 flawed firmware. cide on a person's suitabil-
ity to work with children.
“Me Like A Straightline Very The firmware flaw runs
Good Much “ embedded systems such as In a review into criminal
computer printers, which records and vetting and bar-
- Chinese Proverb
increasingly include func- ring procedures, the gov-
ernment’s independent ad-
viser on criminality infor-
mation management Sunita
Mason wants to widen the
definition to include con-
victions for non-
imprisonable offences as
well as cautions, repri-
mands and warnings from
police.
Editor's Note:
This would not include
innocent people branded as
criminals :)
Book 128a (Jan 2012) Friday, December 30, 2011 07:33
page 8 Composite

9. Luzerne, PA while others produce coun- check signed.
terfeit company checks.
County's Civil To perpetrate a concealed
Court Records These instruments often check scheme, an employee
appear legitimate, espe- (usually the person respon-
Are Now Online. cially if a professional sible for preparing checks)
check-printing company prepares a fraudulent check
Luzerne County's online prepares them. and submits it to the au-
access started last month, thorized maker (usually
and the prothonotary's of- The employee places the concealed in a stack of le-
fice received $8 on the first company account number gitimate checks awaiting
day from online purchases on the counterfeit checks so signatures), who signs it
of records, Deputy Protho- that funds can be drawn without a proper review.
notary Art Bobbouine said. from the employer's ac-
counts. In order for this to operate
Searching the database is as planned, the checks are
free, and the prothonotary's The employee simply puts typically delivered to the
office is charging $1 for the his/her own name (or an signer during a busy time
first page of a document assumed name) as the of day when he is rushed
purchased and 10 cents for payee and forges the signa- and less likely to pay close
each additional page in the ture of an authorized attention to them.
document, Bobbouine said. signer.
Buyers will also have to Often the checks are
pay a $1.50 convenience The method used to obtain spread out on the signer's
fee to GovPay for its elec- a blank check provides the desk so that the signature
tronic invoicing system, only difference between a lines are exposed but the
Bobbouine said, adding that counterfeit check scheme names of the payees are
fee will be charged for each and other forged maker concealed.
transaction of records pur- schemes.
chased. If an authorized signer is
A concealed check known to be inattentive, the
To access Luzerne scheme is similar to a checks are given to him.
County's civil court re- forged maker scheme ex-
cords, go to http://bit.ly/ cept for the way the fraud-
sPEeNe ster gets the fraudulent
Check
Tampering
Schemes
Forged Maker &
Concealed Check
Schemes
The person who signs a
check is known as the
"maker" of the check.
A forged maker fraud oc-
curs when an employee ob-
tains a blank check, makes
it payable to a fraudulent
entity, and forges the signa-
ture of an authorized
maker.
To successfully commit
this fraud, an employee
must have access to a blank
check and convincingly
forge an authorized signa-
ture.
Many perpetrators of
forged maker schemes steal
legitimate company checks,
Book 128a (Jan 2012) Friday, December 30, 2011 07:33
page 9 Composite

10. Where Is What services. "Any business that has a are wary of them and some vides tests for individuals
US base would particularly would rather leave the posi- who have been accused of
Case Found In "Companies want to know be interested in these tests tion," she said. "But they something in their private
Nevada? that their future employees as it happens more often in are only used to gather the life.
have integrity and hon- the US. information that would
esty," she said. identify that the person oth- "You might not feel any
The 17 Municipal Courts
"Another area that is using erwise wouldn't be entitled different when you tell a lie
manage cases involving
"They want to see if they the facility is pharmaceuti- to the position. but there are involuntary
violations of traffic and
have historically done cal companies, where indi- responses that are part of
misdemeanor ordinances
something wrong -- and viduals would have access "It's only relevant to that the nervous system that re-
that occur within the city
whether they are honest to make illegal drugs." specific company. They'll acts in such a way," Ms De-
limits of incorporated mu-
about what they have done. ask the reasons for joining vine said.
nicipalities.
Security companies want to Individuals who are ap- the company or if it was a
The 45 Justice Courts han-
know that people are apply- plying for the positions that childcare position perhaps
dle misdemeanor crime and
ing for the jobs for the right require the lie detector test if they had viewed pornog-
traffic matters, small claims
reason -- in case of inside are often reluctant to take a raphy online."
disputes, evictions, and
information in robberies. test, Ms Devine said. "The
other civil matters less than
initial response is that they Lie Detector Ltd also pro-
$10,000. The justices of the
peace also preside over fel-
ony and gross misdemeanor
arraignments and conduct
preliminary hearings to de-
termine if sufficient evi-
dence exists to hold crimi-
nals for trial at District
Court.
The District Courts have
general jurisdiction over all
legal disputes. These are
the courts where criminal,
civil, family, and juvenile
matters are generally re-
solved through arbitration,
mediation, and bench or
jury trials. There are 17
courts in 9 districts.
Irish Doing
Background
Checks The Old
Fashioned Way
Irish companies are turn-
ing to pre-employment lie
detector tests as corporate
crime rates shoot up.
Big security companies,
pharmaceutical firms and
multi-nationals are now
asking potential employees
to undergo a truth-telling
test from a registered com-
pany.
As there are more inci-
dents of corporate theft,
Tiger kidnappings and ille-
gal drug production, new
employers want to be sure
that they have the right can-
didate.
Sian Devine, CEO of
Dublin-based Lie Detector
Ltd, said that there is a
growing demand for their
Book 128a (Jan 2012) Friday, December 30, 2011 07:33
page 10 Composite

11. More Than One since been transferred to A joint statement from the The national database is courts may hand out a
the PNC. NPIA and the Association used by all police officers lesser sentence because
Million Crimes of Chief Police Officers to check a suspect or of- they are unaware of a long
Not On Police However, since April last said: "Public safety is at the fender to see if they have previous history.
year forces have been heart of the NPIA and the any previous convictions.
Database charged £100 for every re- police service's work. One HMIC source warned
Surprises No One In quest to access such a file Police also use it to draw police investigating a rape
Background Screening, and requests fell by half to "Police officers will make up an individual's criminal and searching for suspects
Except For CRB Users around 40 requests a a professional judgement history to pass on to the may not be aware of a con-
month. about when they need to Crown Prosecution Service victed rapist in the area be-
A fifth of all crimes com- seek further information to inform a sentencing cause their crime was his-
mitted before 1995 are not The HMIC report said po- concerning an individual. court. toric and not on the system.
on the national database lice are no longer request- "This would routinely in-
because police must pay ing details of early convic- clude incidents where an Prior to 1995, offences The report concluded:
£100 to access each one tions because it costs too arrest or charge has been were documented on mi- "Police forces believe this
from microfiche. much money. made. crofiche and contained 5.2 charge to be excessive and
million records at its consequently are not re-
It means suspects could Some 1.2 million records, "Where the PNC does not height, many of which have questing the details of pre-
have slipped through the including murders, rapes, hold a full record of a since been transferred to 1995 convictions.
net or offenders have been arson and GBH, have still known individual, it will the PNC.
handed softer sentences not been entered on to the have a marker alerting po- "Since the charge was in-
because the police and PNC. lice officers that informa- However, since April last troduced in April 2010 the
courts were unaware of tion is held on microfiche. year forces have been number of 'fiche requests
their full criminal past. It means police investigat- charged £100 for every re- from forces has decreased.
ing an individual will not "We have no evidence quest to access such a file The inescapable conclusion
The revelation has know their full past and that police forces are not and requests fell by half to is that police forces are not
"profound implications" for courts may hand out a performing their public around 40 requests a updating records with
public safety and puts po- lesser sentence because duty by requesting the de- month. 'fiche-based convictions
lice operations at risk, the they are unaware of a long tails held on microfiche. because the charge is con-
HM Inspectorate of Con- previous history. We would find it hard to The HMIC report said po- sidered to be excessive."
stabulary warned. believe that any force lice are no longer request-
One HMIC source warned would put public safety at ing details of early convic- It added: "This can only
And yet employers may police investigating a rape risk for an interim charge tions because it costs too impact adversely upon op-
be handed the details be- and searching for suspects of £100." much money. erational police efficiency
cause bodies doing criminal may not be aware of a con- and public safety."
record checks for employ- victed rapist in the area be- It means suspects could Some 1.2 million records,
ees are not charged. cause their crime was his- have slipped through the including murders, rapes, Continues next page
toric and not on the system. net or offenders have been arson and GBH, have still
A spokesman for the Na- handed softer sentences not been entered on to the
tional Police Improvement The report concluded: because the police and PNC. Is this doc
Agency (NPIA), the body "Police forces believe this courts were unaware of real?
which runs the microfiche charge to be excessive and their full criminal past. It means police investigat- It can’t be
library, said there are now consequently are not re- ing an individual will not Memorex
plans to reduce the fee by questing the details of pre- The revelation has know their full past and
charging others. 1995 convictions. "profound implications" for
public safety and puts po-
The Police National Com- "Since the charge was in- lice operations at risk, the
puter (PNC) was intro- troduced in April 2010 the HM Inspectorate of Con-
duced in 1995 and has elec- number of 'fiche requests stabulary warned.
tronically recorded all of- from forces has decreased.
fences since then. The inescapable conclusion And yet employers may
is that police forces are not be handed the details be-
The national database is updating records with cause bodies doing criminal
used by all police officers 'fiche-based convictions record checks for employ-
to check a suspect or of- because the charge is con- ees are not charged.
fender to see if they have sidered to be excessive."
any previous convictions. A spokesman for the Na-
It added: "This can only tional Police Improvement
Police also use it to draw impact adversely upon op- Agency (NPIA), the body
up an individual's criminal erational police efficiency which runs the microfiche
history to pass on to the and public safety." library, said there are now
Crown Prosecution Service plans to reduce the fee by
to inform a sentencing It said it was a "matter is charging others.
court. of concern" and that the
issue "should be addressed The Police National Com-
Prior to 1995, offences as a matter of course with a puter (PNC) was intro-
were documented on mi- view to reducing the unre- duced in 1995 and has elec-
crofiche and contained 5.2 alistic financial burden tronically recorded all of-
million records at its upon forces by the NPIA". fences since then.
height, many of which have
Book 128a (Jan 2012) Friday, December 30, 2011 07:33
page 11 Composite

12. court. "Since the charge was in- tion is held on microfiche. from previous violations of
One Million troduced in April 2010 the either Act (or of similar
Records Not In Prior to 1995, offences number of 'fiche requests "We have no evidence laws in other states or at the
were documented on mi- from forces has decreased. that police forces are not federal level), are eligible
Police Database! crofiche and contained 5.2 The inescapable conclusion performing their public for 1410/710 sentences (for
Continued from page 11
million records at its is that police forces are not duty by requesting the de- example, Chapter 570, Sec.
height, many of which have updating records with tails held on microfiche. 410a of the Illinois Revised
It means suspects could since been transferred to 'fiche-based convictions We would find it hard to Statutes).
have slipped through the the PNC. because the charge is con- believe that any force
net or offenders have been sidered to be excessive." would put public safety at In addition to having no
handed softer sentences However, since April last risk for an interim charge felony prior convictions,
because the police and year forces have been It added: "This can only of £100." 1410/710-eligible defen-
courts were unaware of charged £100 for every re- impact adversely upon op- dants also must have plead
their full criminal past. quest to access such a file erational police efficiency What Is or been found guilty.
and requests fell by half to and public safety."
The revelation has around 40 requests a Illinois 1410/710 The principal incentive for
"profound implications" for month. It said it was a "matter is Probation? defendants to accept sen-
public safety and puts po- of concern" and that the tences to 1410/710 proba-
lice operations at risk, the The HMIC report said po- issue "should be addressed tion is that at the end of
The Illinois Cannabis Con-
HM Inspectorate of Con- lice are no longer request- as a matter of course with a five years following their
trol Act and the Controlled
stabulary warned. ing details of early convic- view to reducing the unre- sentencing date (a period
Substances Act were en-
tions because it costs too alistic financial burden that includes the successful
acted in 1971.
And yet employers may much money. upon forces by the NPIA". completion of their proba-
be handed the details be- tion term) they can petition
They specify two special
cause bodies doing criminal Some 1.2 million records, A joint statement from the the court for expungement
types of probation sen-
record checks for employ- including murders, rapes, NPIA and the Association of their conviction.
tences for offenders con-
ees are not charged. arson and GBH, have still of Chief Police Officers
victed of possessing either
not been entered on to the said: "Public safety is at the Don't Cheat At
marijuana or other con-
A spokesman for the Na- PNC. heart of the NPIA and the
trolled substances. School Or Else
tional Police Improvement police service's work.
Agency (NPIA), the body It means police investigat-
For those convicted of Con-
which runs the microfiche ing an individual will not "Police officers will make 20 students in Long Island
trolled Substances Act vio-
library, said there are now know their full past and a professional judgement were arrested after being
lations (e.g., possession of
plans to reduce the fee by courts may hand out a about when they need to caught cheating on the
less than fifteen grams of
charging others. lesser sentence because seek further information SAT.
cocaine, heroin or mor-
they are unaware of a long concerning an individual.
phine), the sentencing op-
The Police National Com- previous history. "This would routinely in- Students were caught pay-
tion is known as “1410 pro-
puter (PNC) was intro- clude incidents where an ing others to take their ex-
bation” and for those con-
duced in 1995 and has elec- One HMIC source warned arrest or charge has been ams for them, according to
victed of marijuana posses-
tronically recorded all of- police investigating a rape made. NBC New York's website.
sion or delivery, it is known
fences since then. and searching for suspects
as “710 probation.”
may not be aware of a con- "Where the PNC does not Pam Gilson, a testing co-
The national database is victed rapist in the area be- hold a full record of a ordinator at UW-Green Bay
Only offenders with no
used by all police officers cause their crime was his- known individual, it will said, "It is sad to see that
prior felony convictions,
to check a suspect or of- toric and not on the system. have a marker alerting po- some students will do any-
probations or supervisions,
fender to see if they have lice officers that informa- thing to excel in life and
including those resulting
any previous convictions. The report concluded: that honesty and integrity
"Police forces believe this are not important values to
Police also use it to draw charge to be excessive and them."
up an individual's criminal consequently are not re-
history to pass on to the questing the details of pre- "If a person is willing to
Crown Prosecution Service 1995 convictions. be dishonest and cheat,
to inform a sentencing they must suffer the conse-
quences—even if it means
TORONTO being arrested."
COURT RECORDS
We really go
there
Wow!
Very Cool
CALL
1-866-909-6678
Book 128a (Jan 2012) Friday, December 30, 2011 07:33
page 12 Composite

13. Knowing When • Probable cause to arrest warrantless arrest? • Previous judges' inter- made more than 1,000 ar-
may have existed at the pretations in similar fact rests it can relate to infor-
An Arrest is time of the arrest, even if In general, probable cause situations, and mation posted on the site.
Legal the police later turn out to requires more than a "mere
be wrong. suspicion" that a suspect • The judge's views about The page averages more
committed a crime, but not police rights v. defendants' than 5,000 views, and the
An arrest occurs when po- Put differently, an arrest is so much information that it rights. sheriff's office uses it to
lice officers take a suspect valid if it is based on prob- proves a suspect guilty be- share posts and collect tips
into custody. able cause, even if the ar- yond a reasonable doubt. Judges help to define the from the public.
rested person is innocent. meaning of probable cause
An arrest is complete the In the abstract, a firm defi- each time they issue a war- Cuyahoga County has av-
moment the suspect is no In this situation, probable nition of probable cause is rant or decide a case in eraged two arrests per day
longer free to walk away cause protects the police impossible. which the issue arises. that it can link to the site.
from the arresting police against a civil suit for false
officer. arrest if the charges are The Fourth Amendment The sheriff's office re-
later dismissed or the de- doesn't provide a definition, cently added a section on
The U.S. Constitution's fendant is acquitted at trial. so it's up to judges to inter-
Cuyahoga missing persons and non-
Fourth Amendment author- pret the meaning of prob- Sheriff's compliant sex offenders
izes arrests only if the po- These principles leave able cause on a case-by- and started a Twitter feed
lice have "probable cause" open the most important case basis, taking into ac-
Facebook Page
to believe that a crime was issue concerning probable count: Nets 1,000
committed and that the sus- cause:
pect did it. • What the judge thinks
Fugitives
How much information do the Fourth Amendment's
The probable cause re- Since the launch of its
police officers need to con- drafters meant by the term
quirement restrains the Facebook® page in January
vince a judge to issue an probable cause
power of the police to de- arrest warrant or to justify a 2010, the Cuyahoga County
prive people of liberty. (Ohio) Sheriff's Office has
It prevents the random
roundup of "undesirables"
that sometimes occurs in
other countries.
Some principles of prob-
able cause are well settled:
• To establish probable
cause, police officers must
be able to point to objective
factual circumstances that
lead them to believe that a
suspect committed a crime.
A police officer can't es-
tablish probable cause by
saying something like, "I
just had a hunch that the
defendant was a burglar."
• Judges, not police offi-
cers, have the last word on
whether probable cause ex-
ists.
A police officer may be
sincere in believing that
enough factual information
to constitute probable cause
exists.
But if a judge examines
that same information and
disagrees, then probable
cause does not exist -- or
did not exist, if the question
is being decided after the
arrest occurred.
Book 128a (Jan 2012) Friday, December 30, 2011 07:33
page 13 Composite