Recruit constantly, not just when a position needs to be filled. Recruiting is a continuing and never ending process. It is not something one does only when one needs to hire. Maintain a revolving inventory of qualified candidates so that when positions become available, interviewing and screening can begin immediately.

Don’t use generic employment applications. They look unprofessional, and frequently don’t meet current legal standards. Instead, create a customized application. But, before going to press, have it reviewed by an attorney to ensure it complies with applicable federal and local law.

Get a signed release of liability from each applicant and require applications be signed. In addition to the notifications and authorizations required by the Fair Credit Reporting Act, the release should be fashioned to protect the prospective employer from any invasion of privacy claim that might arise during the pre-employment screening process. The release should authorize, without liability, the examination and use of public records, communication with former employers and reference checking.

Interview thoroughly and consistently. Use trained interviewers, and ensure that they know what can, and cannot be asked. Develop an interviewing process whereby every applicant is properly interviewed and his or her skills are examined and job suitability determined. Allow the applicant to thoroughly explain; strengths and weaknesses, how long he or she thinks it will take to become a contributor, and any gaps in employment. Retain all notes as part of the applicant’s permanent file.

Request as many references as possible and check them thoroughly. Ask the applicant to provide the work and home telephone number of every reference provided. Additionally, ask for the names and telephone numbers of peers and subordinates. Contact each reference and ask for help to determine if the applicant is suited for the positions for which they’ve applied. Be direct, but be respectful, and take notes.

Insist the applicant provide relevant documents such as recent performance reviews, check stubs, military discharge records, copies of transcripts and degrees, and professional licenses if applicable. Applicants should unhesitantly produce such documents-smart applicants anticipate this increasingly common request.

Conduct a thorough and complete background investigation. In most states, an applicant’s driving history and criminal history (if any) are public record and available to perspective employers. A string of traffic violations or even misdemeanor offenses should be taken seriously. A history of bankruptcies, tax liens and unfavorable judgments are also red flags. Check federal and local laws before making any inquiries, and comply with the Fair Credit Reporting Act.

Drug test all applicants. According to recent studies, one third of the population has used an illegal drug at least once, and 11.6 million are still regular users. Substance abusers are less productive, have more accidents and miss more work than non-substance abusers. Budget permitting, consider psychological testing as well. Tests that have been validated will help match applicants’ skills with job requirements, and screen out those unlikely to meet performance standards.

Team consult with staff members and collectively identify the best candidates. Establish a standardized rating system and rate qualified applicants based on skills, work experience, past performance and the information provided by references. Re-interview the best candidates before making a final decision. Put your offer in writing and have it acknowledged by the final candidate’s signature. Maintain good will with those not selected, with a kind thank you letter.

Sell the company, not the job. It is common for business owners, recruiter and even experienced human resource professionals to oversell a position. This practice often leaves the new employee disillusioned, frustrated, and angry. Instead, sell the company and all that it offers. Company benefits often forgotten include: technical training, personal and/or professional recognition, and professional networking opportunities.

Today, all financial institutions globally are required to monitor, investigate and report transactions of a suspicious nature to the financial intelligence unit of the central bank in the respective country. For example, a bank must perform due diligence by having proof of a customer’s identity and that the use, source and destination of funds do not involve money laundering. United States federal law related to money laundering is implemented under the Bank Secrecy Act of 1970 as amended by anti-money laundering acts up to the present. Many people have confused Anti-Money Laundering (”AML”) with Anti-Terrorist Financing (”ATF”).

Under the Bank Secrecy Act of USA, Money Laundering and Terrorist Financing are classified into two different categories when financial institutions file Suspicious Activities Reports (”SAR”) to Financial Crimes Enforcement Network (”FinCEN”) which is a US government agency. To effectively implement AML and ATF measures, The US government encourages financial institutions to work together for AML and ATF purposes in accordance with Section 314(b) of the USA PATRIOT Act.

Our fraud and financial investigations experience includes considering:

* investigations of suspected fraud and other irregularities, including assistance to the DTI, SFO, FSA, National Crime Squad and CPS
* money laundering and asset tracing
* investigations by regulatory authorities, including the HMRC
* disciplinary proceedings by professional bodies
* confiscation orders
* disqualification of directors
* criminal prosecutions or defence.

Fraud and financial investigation assignments

• Kickbacks
• Embezzlements
• Theft
• Develop the four elements to prove fraud

It is most commonly thought of in terms of financial investigations, where it is the verification of representations and claims made by one party to another in an economic transaction. Financial due diligence process is not just verifying facts that have been disclosed, but uncovering those that have not.

Financial due diligence is particularly important in business transactions in emerging markets, since there is s much higher risk of misrepresentation, fraud, corruption and criminal activity.

In any investigation, you need to bring with you a basic understanding of the entities you are likely to encounter. The following is a summary of the common business entities.

1. The owner has unlimited liability.
2. The owner (rather than the entity) pays income tax.
3. The sole proprietorship has a limited life.
4. Assets of the sole proprietorship are held in the owner’s name.

1. The partners have unlimited personal, joint, and several liability.
2. The partners pay income tax on earnings of the partnership.
3. The partnership has a limited life.
4. The partners have a right to bind the partnership and/or the partners by their individual acts (absent agreement to the contrary).
5. Each partner’s equity is reflected in his partnership capital account.

1. The limited partners liability is limited to the investment in the partnership.
2. Each limited partner’s interest in the partnership is freely transferable.

1. There is limited shareholder liability.
2. The corporation has an unlimited life.
3. The rights of the shareholders are determined by state law and the corporate bylaws.
4. The corporation has centralized management (which may be held liable for actions taken by the corporation at their direction).
5. The corporation has free transferability of ownership interest. In some corporations there may be limitations on the transferability of the stick shares; e.g. a co-op.

A corporation is generally taxed at a rate separate from that of individuals. If the shareholders of a company elect to be taxed under subpart S of the Internal Revenue Code (”S Corporation”); the shareholders are taxed directly on their proportionate share of the company’s total profits of losses.

A relatively new area of law, Mass Tort Litigation is a complex and demanding practice area. Mass tort litigation refers to issues in which a company or individual does harm to a number of people as a result of an action or product. Cases in this practice area include product liability, such as breast implants and tobacco litigation; large business antitrust claims, such as price fixing; and large scale, “man-made” disasters, such as airplane crashes and chemical plant explosions.

Mass Tort Litigation attorneys have the experience necessary to handle the sophisticated legal matters and procedures involved in this practice group. They have the resources to keep up with the changes in legal standards that result from technological and scientific developments. And they have the commitment to aggressively pursue your best interests.

• Verify the claim(s)
• Identify another possible source
• Conduct background review of witnesses for each side

What exactly is Competitive Intelligence?
According to the research of one of the leading international authorities on business and competitive intelligence:

“Business intelligence is any combination of data, information, and knowledge concerning the business environment in which a company operates that, when acted upon, will confer a significant competitive advantage or enable sound decisions to be made. Thus, for practitioners, the term encompasses both competitive intelligence and knowledge management. Involvement in business intelligence operations will enable the organization to, inter alia:

• anticipate and manage risk
• seek opportunities and new markets
• take action before competitors
• innovate
• exploit competitors’ weaknesses
• improve planning and decision-making

The term is also widely accepted as being concerned with information technology solutions for transforming the output from large data collections into so-called intelligence; usually through the integration of sales, marketing, servicing, and support activities. Also loosely referred to as customer relationship management, it covers such activities as data mining and enterprise reporting, and the associated software. Those involved in this form of business intelligence tend to regard it as simply one aspect of knowledge management. Systems based on such software have replaced the term Executive Information Systems.”

-Vernon Prior, author of the article, “Language of BI”, which is posted as a .pdf file at the website for The Society of Competitive Intelligence Professionals, www.scip.org

Possible crises:

• Layoffs
• Lawsuits
• Discrimination and/or harassment allegations
• Rumors
• Drop off in quality or an increase in defects
• Financial problems
• Government investigations
• Strikes, boycotts, unionization
• Loss of executives from accidents.
• Threats from current or former employees of groups

Prepare for potential crisis through planning:

• Assess possible vulnerabilities
• Take corrective action of assessed vulnerabilities to prevent or minimize
• Develop a chain of communication
• As a situation evolves, quickly identifying the potential for a crisis
• Immediately obtain input from those most knowledgeable
• Ensure that the crisis plan is in place and be flexible
• Prepare for extensive crisis management

Benefits

• Positive recognition of the company
• Demonstrated competence, leadership, honesty
• Lasting relationships
• Changes to ensure success and elimination of new crises

Crisis mistakes

• No advance plan
• Not recognizing the crisis signs
• Not communicating with everyone connected to the business
• Not having prepared information packets
• Not asking for the input of knowledgeable people
• Not returning telephone calls
• Not being flexible
• Not being honest or to be misleading
• “No comment”

A General Guide to Organizing an Internal Investigation
Before a crisis occurs, companies should have a crisis management plan in place. This plan should be developed with the assistance of legal counsel, a designated investigator and a security consultant.

With or without these preparations, investigative consultants should be called immediately at the time of a crisis. Professional investigators can provide emergency response by securing company documents and computer files as well as the physical offices, protecting the company from further damage. These specialists can also begin investigating the actual events of the crisis, information that can be used later by legal counsel.

With these initial actions in place, the following steps may be considered as part of company response:

• Develop as much information as possible regarding the situation or accusation through routine channels.
• Define problem area.
• Determine legal counsel and an investigative firm to be involved and establish attorney-client and work product privilege parameters.
• Establish a network of key individuals to be involved in the investigation and methods of contact for each.
• Review documents, accusations and investigative strategies.
• Develop a crisis team to prepare press releases, and question-and-answer responses for the media if necessary.
• Conduct approved investigative strategies.
• Using the results of the investigation, take necessary action to resolve problem areas.
• Provide guides for employees and notify key customers and suppliers, if necessary.
• Find a secure location for business records and computer files and relocate them.
• Establish and reconstruct security of the corporation’s computer facility and mainframe computer system, if warranted.

How widespread is resume fraud? The numbers are significant. The American Society for Personnel Administration reports that 25 to 75 percent of all resumes are embellished. An informal survey of more than 1,200 job candidates conducted by Smith James Group found at least one misrepresentation on 21 percent of the resumes sampled. According to the FBI, approximately half a million people in the United States falsely claim to have college degrees.

When performing reference checks, avoid asking questions that require a yes or no answer. Open-ended questions such as the following will reveal patterns in the candidate’s performance:

* What level of management is the candidate capable of attaining?
* Which professional and personal skills will the candidate need for your position?
* What are the candidate’s management style, strengths and weaknesses?
* What is the candidate’s reputation with his or her superiors, peers, subordinates and clients?
* Does the candidate communicate well both orally and in writing?
* What are the candidate’s problem-solving, planning and implementation skills?
* What is a fair description of the candidates work ethic?
* How will the candidate handle the transition to a new job, company, or location?
* How does the candidate perform under stress?

Remember that reference investigation is one of the most important steps in the hiring process. This information will minimize the risk of hiring an unqualified candidate, and reduce your company’s exposure to legal and financial liability.

A company can protect itself from fraud and illegal acts when they go global by taking several steps:

• Identify the country and industry specific fraud and illegal act risks and apply this knowledge through the company’s due diligence
• Direct due diligence to all of the company’s relationships, varying the scope according to the degree of risk. Due diligence should include the reputation of the company and its principals.
• Determine whether or not organizational and operational changes would help in detecting and reducing fraud and illegal acts
• Conduct an audit of the company’s due diligence procedures and the procedure to manage fraus and illegal acts of any new relationships
• Develop an understanding of the culture of the country and of conducting business within that country
• Install proactive operational procedures and computer programs to detect fraud and illegal acts for the new relationships and test their effectiveness

• Verify the claim(s)
• Could there be another source or?
• Background

As an example-
A former police officer was aquitted of murder because the action was the result of the product being taken. A civil suit by the former police officer initiated a background investigation which revealed employment at five other police departments and release because of cruelty to animals or questionable behavior with individuals.

An example- The owner of a North Carolina business filed bankruptcy and moved to England. An asset search revealed a $20 million trust in name of the children. A predicating offense was established, mail fraud, lying on an application that had been mailed. The subject stated in a deposition that any monies the family had, came from the business. The bankruptcy was thrown out and RICO charges filed.

Insurers are taking a new route in fighting fraud–filing civil lawsuits under the federal Racketeering Influenced and Corrupt Organizations Act (RICO), which require proving a preponderance of evidence rather than the stricter rules of evidence required in criminal actions and allow for triple damages.

In 1997, Allstate, State Farm, Camden Fire and Accident, and Maryland insurance companies filed hundreds of civil suits alleging false auto claims. In late 1997, a federal court in Los Angeles awarded almost $11 million to Allstate and State Farm, who brought a suit against 16 people, including lawyers and chiropractors.

Corporate crimes exist at every level, in every marketplace and in every shape and size. From misappropriation of corporate assets and software pirating to high-risk accounting transactions and financial reporting irregularities, corporate misconduct can impact an entire organization by becoming a multi-billion dollar problem.

Without adequate measures in place to detect, prevent and react quickly to malfeasance, companies are vulnerable to irreparable economic hardship and destabilizing damage to their reputations.

Competitive Intelligence involves getting a competitive advantage over competitors through research into their activities, allowing you to know what the competition will do before they do it.

Few companies or security departments are equipped to recognize or deal with espionage, particularly espionage conducted by a foreign government.

The most telling result of the attitude change is the new pressure for companies completing a 104e to identify other PRPs. True, EPA’s constant turnover and work load has produced only minimal PRP identification by the agency itself. Perhaps it is inevitable that companies and steering committees face the unenviable burden of rooting out PRPs to share in the cost of cleanups. With current RD/RA costs of $70 to 100 million, even “de Minimis” settlements can mean substantial cost savings.

Companies and their outside legal counsel often are faced with the fact that many sites have long been inactive, and the time lag since operation makes it difficult to reconstruct and recap activities that may lead to identification of additional PRPs. Because this process is time consuming and specialized, more and more steering committees are using the services of professional investigators.

Choosing an Investigator
In selecting an investigative service, prime considerations should be experience and integrity, balanced by the work foreseen and the cost. Integrity means trustworthiness, and steering committee directors should feel comfortable with the firm. The investigator’s experience should be exceptional in using “paper trails” to secure identities of PRPs. This usually involves analyzing existing source documents. The records may produce a list of PRPs, and they may also provide a “piercing of the corporate veil” for companies that changed identities to avoid environmental liabilities.

A key component of experience is the ability to conduct one-on-one interviews. Seasoned, well-trained investigative professionals can conduct interviews to broaden–or narrow–the scope of an investigation. Interviews flow smoothly when the person under scrutiny feels comfortable, and information flows freely without inhibition. The investigator/interviewer must be able to win the confidence of current and former employees as well as disgruntled former employees.

Experience in specialized areas will keep cost and time factors within reasonable limits. The client should not be expected to absorb costs of the investigative group’s “going to school” while the time clock ticks. Asking questions about specific investigators’ backgrounds is appropriate. In many cases, investigators with prior government experience may be able to identify resources not readily available to someone with lesser experience.

With a national network of more than 160 former FBI, EPA and IRS agents, Orion Management International (ORI) is a firm specializing in environmental and hazardous waste investigations.

Phases of an Investigation
All investigations take time. It’s no different in the world of law enforcement than in industry services. Leads are developed, reviewed and eliminated, and information is passed on to the client steering committee.

In many PRP investigations, an investigative service is brought in only at the point when cost allocations are being discussed. This is usually after the RI/FS phase has been completed and relationships on the steering committee have been stabilized. Delays in hiring investigators are a mistake. The “I wanted this yesterday” syndrome takes over, and haste prompts waste, both of time and money. It is best to identify your investigative needs before the RI/FS phase, so that the PRP search will unearth those who should be sharing this cost. This will allow for a more thorough, accurate and beneficial investigation. Our experience has been that steering committees armed with adequate information in a timely fashion are more most effective and focused over the long term.

The phases of an investigation are not fully understood by many steering committees because they try to do too much in too short a time.

Phase One involves the development of leads from source documents, previous reports and other sources.

Phase Two, a joint effort of the committee and its investigative firm, is the actual contact with those who may possess information regarding the site.

Phase Three is the determination of what use should be made of the information–either negotiation or litigation. The definition of objectives allows for a cost-effective and timely strategy.

When attempts are made to budget an expenditure for investigative work, it sometimes becomes difficult to develop a set fee. The difficulty lies in the nature of investigative work, which by its very nature is to uncover information that was not known or confirmed in the past. New information may prompt a change in direction or focus from the original mission. It is essential for the steering committee and investigative firm to maintain a continuing line of communication to allow quick evaluation in a cost-effective manner.

As the influence and mission of the EPA has expanded, investigative firms find themselves facing more issues than just PRP identification. Many companies now take a pro-active stance to prevent liability problems from occurring. An investigative firm may assist a company in these environmental areas:

• Hauler Compliance - an audit of actual performance of any entity under contract to haul your company’s hazardous waste.
• Acquisition Analysis - investigations of companies that may be acquired through purchase or foreclosure to ascertain if any environmental liabilities exist.
• Innocent Landowner Due Diligence - possible revisions in CERCLA Section 96011 may require increased due diligence for companies acquiring property.

In all aspects of business, success is always accompanied by having complete and accurate information. The use of an investigative service to provide valuable information of an environmental nature should not be overlooked. The ability to recognize that seasoned and well-trained professionals can assist in such matters is a noteworthy management skill. Investigative services is the newest management tool of the ’90s.

When one company takes over another and clearly established itself as the new owner, the purchase is called an acquisition. From a legal point of view, the target company ceases to exist, the buyer “swallows” the business and the buyer’s stock continues to be traded.

In the pure sense of the term, a merger happens when two firms, often of about the same size, agree to go forward as a single new company rather than remain separately owned and operated. This kind of action is more precisely referred to as a “merger of equals.

In practice, however, actual mergers of equals don’t happen very often. Usually, one company will buy another and, as part of the deal’s terms, simply allow the acquired firm to proclaim that the action is a merger of equals, even if it’s technically an acquisition. Being bought out often carries negative connotations, therefore, by describing the deal as a merger, deal makers and top managers try to make the takeover more palatable.

• Are they who they said they are?
• Reputation?
• Involvement in possible wrong doing or associations?
• The true meaning behind the financials, numbers?

It is important that you closely study all correspondence between the patent office examiner and your attorney. Attorneys do not always fully understand the patent and it is possible they will make a mistake in the way they argue your claims. A misunderstanding of what the patent should cover can lead to the attorney not arguing for the correct claim language, which can significantly limit the scope and value of the patent. Remember that you have a partnership with your attorney and you must be active in the whole process to help insure the best results.

If you do not invest the effort to follow the process and your patent is not executed in the most favorable manner, you are as much to blame as the attorney. The inventor will be the one who suffers as a result of any problems with the way it has been executed.

Positively identify and locate the subject(s) in question.

It is essential to know and understand the level of information required, the various types of public records available and how they can be accessed and used.

HARD Target Assets – Real property to include residential, commercial and vacant land. This would be property located in the USA or even in a foreign country. Aircraft such as single or twin engine, helicopters and jet aircraft, regardless of size. Automobiles and motor vessels, which can range from a four door sedan to custom tour bus’s, and from simple bass boats to 75 foot yachts capable of leaving the USA. Jewels and precious metals of high value, such as watches from Rolex and Tiffany’s, gold and silver bars, all of which can be sold in a quick and private manner. Hard target assets are the much easier to locate than liquid assets, however they may be titled in the name of corporations, trusts or other entities to conceal the true ownership status.

LIQUID Target Assets – Bank and brokerage accounts, local or international. Stocks, bonds, to include bearer bonds, and other financial instruments. Trust accounts, family & individual, cashiers & travelers checks. These can be the hardest assets to locate and are subject to strict U.S. laws in terms of disclosure. Analysis of telephone records is one example that leads investigators to data sources of a financial, personal and business nature.

Patent infringement and misuse of intellectual property are civil wrongs. As licensed private investigators we can help you to uncover misuse of your patents, trademarks or intellectual property and enforce your rights under patent laws. Our investigations will identify when and where your materials were used and by whom. Further, we will conduct our investigations in a forensically sound and verifiable manner to protect your evidence for court.

We have the experience and resources to conduct a patent or trademark infringement case anywhere in the U.S. Call today to speak with one of our investigators about your situation.
Product Counterfeiting Investigations

Product Counterfeiting is the making of a product which so closely resembles the product of another as to appear to be that product. It encompasses Intellectual Property, Copyright Infringement, Trademark Identity, Patent Infringement, Brand Name, Domain Name, Plagiarism, and Piracy. In the U.S. it deprives legitimate companies of 200 billion dollars a year, and is growing. It is growing because the attitude of the public is that the companies that produce these products are rich, they charge too much and deserve to be ripped off. The hidden costs, non-collection of tax revenues, loss of jobs of lawful companies and the increased costs of government to stem organized counterfeiting are immense.

Within this type of environment, much of the onus of reducing the incidence of Product Counterfeiting has fallen on the manufactures themselves. As licensed private investigators, we are often sent out into the streets to find the counterfeit products, vendors, their warehouses and the sources of supplies. We have the experience and resources to conduct a counterfeit product investigation anywhere in the U.S. and will act as investigation managers on cases that involve work outside of the U.S.

• Locate distributors and convert to sources of information
• Work back through the distributor chain or follow the money to identify critical points and manufacturer. Obtain cooperation of government agencies to close down the counterfeiting operation.

One of the first problems encountered with respect to the typical Superfund site is the length of time that has elapsed since activities occurred which supposedly contributed to an environmental problem. These can be anywhere from a few years to a half century in the case of activities that occurred during World War II. The oldest mining sites on the National Priority List (NPL) of Superfund sites have required PRP searches concerning activity which occurred over 100 years ago! Of course, the length of time that has elapsed since the activities occurred at any given site will affect the availability of potential witnesses and records documenting activities at the site. These time factors will affect the work of an investigator in seeking information potentially useful to a PRP-client.

Additionally, the nature of a PRP’s activities at any given site will be important for the investigator and counsel to understand. In the case of contamination at a current or former manufacturing or industrial facility, some knowledge of the manufacturing and industrial processes employed at the site will be required in order to understand how various activities might have contributed to an environmental condition requiring remediation. The same goes for mining and extractive industries, including oil and gas production, refining and distribution, surface and subsurface mining, mineral beneficiation and smelting. Additionally, the types of waste generated and the rates of generation will be important bits of information to be developed through focused investigation.

Like any competent private investigator, an experienced environmental investigator should have the capability to gather both documentary and testimonial information, some of which must be admissible as evidence, primarily through reliance on sound interviewing and research skills. These skills, coupled with a knowledge of the unique aspects of hazardous waste cases, such as common disposal practices and types of records kept during various periods of a company’s operations, will result in the execution of a useful PRP identification effort for the client. Additionally, an ability to locate and verify the assets of a suspected PRP is typically required, for what good is the identification of a judgment-proof PRP?

A fruitful type of inquiry for any environmental investigator is interviewing current and former employees of a suspected PRP. While a private investigator is not constrained by the rules of professional conduct governing attorneys, even investigations directed by clients without their attorney’s involvement have been held to the ethical standards of the legal profession.

By keeping the above-noted practical and legal considerations in mind, experienced and novice PRPs may reap the benefits of environmental investigation as an important adjunct to their hazardous waste site activities. * Mr Kazmier is president of Orion Management International, a private investigations firm with environmental investigations expertise located in Evergreen, Colorado. Mr. Jacus is a partner in the Denver law firm of Davis, Graham & Stubbs, L.L.C. and editor-in-chief of Hazardous Waste Strategies Update.