EmployeeScreenIQ Blog

What does the BP oil spill have to do with background checks?  Nothing, at least when the spill initially happened.  Like most stories we post, the two have nothing to do with each other until it is found a proper criminal search was NOT conducted.

Investigation: Could background check have prevented alleged rape?

BP and a company used to hire workers in the gulf explain why background checks aren’t always being done on oil spill cleanup workers on tonight’s “AC360°” at 10 ET.

Pascagoula, Mississippi (CNN) — A lack of screening of oil spill cleanup workers meant a sex offender got a job, and left him free to rape a colleague according to a Mississippi county sheriff.

A CNN investigation into the incident reveals that basic background checks were not done on those hired to remove oil from the beaches in and around Pascagoula.

Jackson County Sheriff Mike Byrd told CNN he was shocked when he met with the head of BP security for the area several weeks before the alleged rape took place. He said the BP representative told him that only drug screenings, not background checks, were being conducted on the cleanup workers.

“I said, ‘You’re kidding me.’ He said, ‘No.’ He said, ‘There’s so many of them, we were told to do drug screens and that was it.’ And I said, ‘Well, that’s not good at all.’ ”

Byrd said he told the BP official that “you’re going to have every type of person coming in here looking for a job, and you’re going to have the criminal element in here, and we’re not going to know who we’re dealing with if we don’t do background checks on these people.”

“It’s sad because you got a victim now by a sex offender, and he’s in our jail. Had we have known this, he would have been arrested before the crime could have been committed,” said Byrd, who also said that if asked, his department would have done the background checks for free.

Rundy Charles Robertson, 41, who faces charges of sexual battery and failure to register as a sex offender, is in the Jackson County, Mississippi, jail with bail set at $505,000. He told police that he had consensual sex with the woman. He has not yet entered a plea.

Robertson has a criminal history dating back to 1991, according to police records. He was put on the national sex offender registry for a 1996 conviction for contributing to the delinquency of a minor in Louisiana. He is also on probation after being convicted in 2003 in Georgia for cruelty to children.

Robertson had been supervising a crew of cleanup workers, including the alleged victim. She told CNN he offered to take her home one day in June because she was not feeling well.

However, she said, when he dropped her off, he asked to use the bathroom in her motel room. When he came out, she said, he raped her.

The woman told CNN she is scared and angry that this happened.

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In a 6-3 decision, the Supreme Court ruled on Tuesday that a convicted sex offender in Alabama did not by law have to register in the state of Indiana because his conviction pre-dates the 2006 passage of the Sex Offender Registration and Notification Act (SORNA).   Thomas Carr, convicted in Alabama in 2004 of first degree sexual abuse of a minor, was arrested in Indiana and faced a 30 month prison sentence for failing to register as a sex offender in that state.  Carr took his case to the Supreme Court arguing that since his conviction pre-dated the SORNA law, imprisoning him for not registering would be unconstitutional.  The Supreme Court agreed.

One of the reasons the Justice’s agreed with Carr was the use of the word “travel” in the language of the Act.  Congress used the present tense of the word (travels), not the past tense (traveled) when referring to sex offenders who move from state to state.  In the Justice’s opinion, if Congress had wanted to make registration requirements retroactive, they would have used the word “traveled.” 

A very big mistake on Congress’ part or too narrow of a reading of the law?  Perhaps both.  Either way, a hard hit to law enforcement and the general public.

So, yet another very valid reason that running a background check in an applicant’s state of residence alone is not a good policy.  If Carr had applied for a position with a company in Indiana that only conducted state of residence background checks, they would not have known about his sex offender status in Alabama.  If running state of residence only checks, employers may miss some very key components of their applicants’ past that could alter their hiring decision by 180 degrees.

Registry law doesn’t apply to all sex offenders, Supreme Court rules

A sex offender who moved from Alabama to Indiana in 2004 does not have to register with authorities because his move predates the registry law Congress enacted in 2006, the Supreme Court ruled on Tuesday.

By Warren Richey – June 1, 2010

A national sex offender registry law does not apply to interstate travel by a sex offender that took place before Congress passed the registry statute in 2006, the US Supreme Court ruled on Tuesday.

In a 6-to-3 decision, the high court rejected the Obama administration’s expansive reading of the Sex Offender Registration and Notification Act (SORNA). Instead, the majority justices embraced a narrower view of the law, while overturning a convicted sex offender’s 30-month prison sentence for traveling to another state and failing to register.

The decision triggered a heated dissent by three justices who warned that the ruling will impair the ability of law enforcement officials to locate and register some 100,000 convicted sex offenders who have eluded authorities.

“Under the court’s interpretation, the many sex offenders who had managed to avoid pre-existing registration regimes, mainly by moving from one state to another before SORNA’s enactment, are placed beyond the reach of the federal criminal laws,” Justice Samuel Alito wrote.

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It’s no secret to anyone that knows me that I am a huge (understatement) classic rock fan.  Its also no secret that I also happen to be a huge football fan.  So this week my excitement is doubled because not only do we have the Super Bowl XLIV on Sunday but the classic rock band, The Who will be performing at half time.

We have written some ‘cute’ stories in the past linking well known celebrities and athletes to background checks.  NFL players make a writers job so easy because the criminal charges are endless.  I need something new…….new inspiration for a great story about background screening and the Super Bowl. Bam, it hits me, Pete Townsend is a sex offender.

Classic rock is not without its indiscretions.  From Janis Joplin, Pink Floyd, Led Zeppelin, Grateful Dead, Phish, The Beatles, The Rolling Stones and Jimi Hendrix.  (Note: If you have not heard of the aforementioned bands I don’t even want to know you) You would be hard pressed to find a classic rock band that didn’t have a run in or two with the law.  However, most of these arrests were due to drug use and/or possession.  Some would argue that their drug use made their music what it was.  Few of these come close to Guitarist Pete Townshend’s 2003 arrest for accessing child pornography.   Child abuse advocacy groups are up in arms about the NFL allowing Townshend and The Who to perform at this year’s game.  The NFL is well known for their background checks and tolerance of certain offenses. Did they think about this when asking The Who to perform?

Pete Townshend’s Sex Offender Past Threatens Super Bowl Gig

The Who are scheduled to play during the half-time show at the Super Bowl in Miami, but child abuse advocacy groups are urging the NFL to drop the act because of an incident in guitarist Pete Townshend’s past.

Townshend was arrested in 2003 for accessing child pornography online several years before. He pled guilty, claiming he was doing research for his autobiography and revisiting memories of childhood sex abuse, and was not charged. Still his name remained in the UK’s sex offender registry for five years.

Now 1500 of these fliers have been distributed to homes and schools in the Miami area.

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One of the owners of a masonry company working at the new Zanesville High School was indicted for 10 counts of sex offenses including rape in 2009.

Now the company, Phoenix Masonry, of Newark, has agreed to conduct background checks on all company employees.

Genaro Rosas, of Galloway, one of two owners of Newark-based Phoenix Masonry, was indicted on two counts of rape, two counts of sexual battery and six counts of sexual imposition in a Franklin County Common Pleas Court. However, no court records show Rosas was served with the indictments.

Rosas was arrested on May 26, and was indicted in July. He failed to appear in court in July and a warrant was issued for his arrest, Christy McCreary, a public information officer with Franklin County Prosecuting Attorney’s office, said.

“This is an attempt to put a black mark on Phoenix that I don’t really think we deserve,” Tom Stone of Phoenix Masonry said Wednesday. “We’ve done everything we can to move this issue and the person involved out of the way of getting our work done both here in Zanesville and other places.”

The matter was brought to Zanesville City School’s attention by concerned citizens in December, Terry Martin, superintendent, said. Martin then sent a letter to the Ohio School Facilities Commission about the issue.

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Facebook is working really hard to combat online sexual predators and other deviant behavior on its popular internet portal.  Facebook is the leading online social networking tool with over 300 million subscribers.  This online safety board is a great step towards thwarting this type of activity.  I think a great next step is for them to educate employers on the perils of using its site for background checks.  As our readers know well this is a topic we have written passionately about for a few years now.  We look forward to one day collaborating with the folks over at Facebook on how to better protect employers and applicants alike!

NEW YORK (Reuters) – Social networking site Facebook said it has formed an advisory board comprising five Internet safety organizations to consult on issues related to online safety.

Facebook plans to regularly meet board members to review existing safety resources it provides its users, develop new materials and seek advice on general safety best practices.

The first task of the board will be to oversee an overhaul of safety content in Facebook’s help center.

The organizations on the board are Common Sense Media, ConnectSafely, WiredSafety, Childnet International and The Family Online Safety Institute.

Facebook and rival MySpace, owned by News Corp, have deals with state attorneys general to increase efforts to protect their youngest members from abuse.

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We will kick off this weekends wrap up with a timely story from the National Football League (NFL).  Like my Cleveland Browns, the Oakland Raiders just can’t catch a break.  Fortunately for them they have a marker in the W column.  Unfortunately for them they have a bit of controversy off the field.  They are bracing for the possibility that coach Tom Cable could be arrested soon for an alleged assault on an assistant coach.  If charged, Cable could be suspended by the league.  If convicted Cable could run into serious problems if his next team decides to screen his criminal background.  More on that story here!

Making history today is Justice Sonia Sotomayor the first Hispanic justice of the United States Supreme Court.  Replacing retired Justice David Souter she will begin the new term with some interesting cases.  Background checks and gun laws will definitely be on their docket this year.  Most notably will be McDonald v. Chicago.  In 2008, the justices ruled in a case from the District of Columbia that the Second Amendment bestows an individual right to keep and bear arms. Because the case originated in a federal enclave, the justices passed on the question of whether the Second Amendment also applies to states, thus calling into question gun regulations in those jurisdictions. The justices have now taken up this question and are expected to decide whether citizens in Chicago — which has one of the most restrictive gun regulation regimes in the country — also enjoy the same Second Amendment rights as do their brethren in the District. This case was recently granted and is expected to be heard some time in early 2010.

In workplace violence news Forbes Magazine ran a story, Experts: US worker-on-worker violence under-reported.  Stemming from the murder at Yale Universtiy of Annie Le, they write about some interesting statistics.  Workplace homicide has dropped dramatically, to 444 such cases last year from twice as many in 1995, according to government statistics. And most of those deaths occur in robberies of taxi drivers and clerks. The worker-on-worker homicide rate hovers around a hundred a year nationwide, leaving little data to help predict who is likely to kill a co-worker, said Tom Tripp, co-author of “Getting Even: The Truth About Workplace Revenge.” More on this story Click Here

In a follow up to a story we wrote about extensively a few months back….Investigator: Bozeman’s Internet background checks weren’t voluntary.  If you remember this one, the City of Bozeman MT was asking job applicants to supply investigators with their passwords so they could access their Facebook and Myspace accounts as part of the pre-employment screening process.  The city suspended the policy in June of 2009 after they came under fire for the practice.  However, it appears as part of their investigation into the procedure they have found hiring managers got carried away with the practice! More on this story Click Here

This one should scare you if you have elderly relatives in Florida.  Florida lawmakers vow changes after learning of laxness, loopholes in checking child and elder care workers – Florida legislators pledged to overhaul state law to require that caregivers for children and the elderly undergo background checks before they begin work and to close loopholes that have let thousands of felons get jobs in day care and nursing homes.

The proposed reforms come after a Sun Sentinel investigative series last week identified disturbing flaws in the background screening system that allow people to work with Florida’s most vulnerable residents before the caregivers have been vetted. More on this story Click Here

And finally a Kidnapping plot proves the importance of background checks.  The man accused of plotting to kidnap two young girls from a bus stop and hold them for ransom made his first appearance in court on Friday.

Police say Ruben Garcia-Rosario parked his car near the girls’ bus stop to take pictures of them. Rosario is an illegal immigrant who had done some painting at the family’s house, according to investigators.

Would you let someone in your house without properly screening them?

More on this story Click Here

Well that’s it!  Have a great week and check back regularly for stories and comments in the background screening world!

If you have stories you would like us to blog about or post please feel free to email us at blog@employeescreen.com

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Two stories hit my in-box this morning and they could not be more frightening.  The first is pure negligence.  We have written about contractor background checks in the past, this is a great example of lax policy.

Sex Offender Found Working at School

Police caught on to Brown after arresting him on multiple felony counts of indecent exposure to at least five women and one child in the State Line Avenue/I-30 area of Texarkana, AR.  Brown also faces failure to register as a sex offender charges in both Arkansas and Texas.

Brown remains in the Miller County Jail awaiting his first court appearance.

The second story makes you wonder who is paying attention on the Texas State Medical Board????

Editorial: Sex offender should not hold medical license

Few yardsticks in life are better than the headline test. Try it on this one: “Sex offender keeps license to practice psychiatry.”

Sen. John Carona, R-Dallas, has vowed to look into the matter, and we’re encouraged that he will. Those who have a state license to treat people at their most vulnerable must be beyond reproach. Those listed on the state’s sex-offender registry could not fit into that category.

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Another example of how dangerous sex offenders can be.  Perhaps if the offender, Phillip Garrido had a job and not his own business he would have been caught.  Unfortunately, background screening is not done to give someone a business license and operate a company from their home.

Woman kidnapped as an 11-year-old in ’91 found
The alleged abductor and his wife are held. Officials believe that he fathered two girls with the victim.

A woman kidnapped nearly two decades ago when she was an 11-year-old on her way to school was discovered in the Bay Area this week after her alleged abductor aroused the suspicions of a UC Berkeley police officer, authorities revealed Thursday as they began investigating the bizarre case.

Authorities said Phillip Garrido, a registered sex offender, and his wife, Nancy, kept Jaycee Lee Dugard in a ramshackle warren of sheds, tents and tarps behind a fence in the backyard of a home in Antioch, northeast of Oakland.

They believe that Garrido, whom acquaintances described as a “religious fanatic,” fathered two daughters with Dugard, who is now 29. The girls are 11 and 15.

Dugard was reunited with her mother Thursday in an East Bay motel. The Garridos were being held in the El Dorado County Jail in Placerville. They are to be arraigned today.

Dressed in pink, Dugard was walking the few blocks to her bus stop in June 1991 when two people in a car snatched her from her South Lake Tahoe neighborhood. Her stepfather, who witnessed the abduction, leapt on a mountain bike in pursuit.

In the 18 years since, Dugard, whom the Garridos called Allissa, has never been back to school or to the doctor. Nor have her daughters, authorities said.

“It’s a miracle that we got her back,” Carl Probyn, her stepfather, said in an interview at his home in Orange as he displayed pictures of his stepdaughter. “How do you get 18 years back? . . . I just hope that she can have a decent life from here on out. Her life kind of stopped at 11.”

Neighbors and acquaintances said Garrido — who was convicted of rape and kidnapping in 1971 and has been on federal parole since — ran a print shop out of his house, introduced the three as his children and was religious but not aligned with any organized ministry.

A blog called “Voices Revealed,” registered to the 58-year-old Garrido, says God has given him the ability “to speak in the tongue of angels in order to provide a wake-up call that will in time include the salvation of the entire world.”

Garrido’s chance encounter with an officer at UC Berkeley on Tuesday unlocked the mystery of Dugard’s disappearance.

At a packed news conference Thursday in Placerville, El Dorado County Undersheriff Fred Kollar said Garrido and Dugard’s two daughters had gone to the campus to hand out fliers and hold an event of a religious nature.

“A UC police officer observed them and thought the interaction between the older male and the two young females was rather suspicious,” Kollar said.

Standard university procedure requires that anyone handing out literature on campus undergo a background check, Kollar said. During that check, the officer discovered that Garrido had been convicted of rape and kidnapping in Nevada, was incarcerated in federal prison in Kansas, and was later paroled to California.

“Federal parole in his particular case,” Kollar said, “lasts a lifetime.”

On Wednesday, Garrido went to the Concord parole office to meet with his parole officer. It is unclear, Kollar said, if he was ordered to show up or if he volunteered. But he arrived with his wife, Dugard and the two girls.

“During interviews with the three of them — the two suspects and Jaycee — sufficient information was determined from all three of them that Jaycee was who she was purported to be and that these two people only had information that the kidnappers could have known,” Kollar said.

The Garridos were arrested Wednesday.

In a rambling, sometimes incoherent, phone interview with Sacramento station KCRA-TV Thursday, Garrido said that he had not admitted to a kidnapping and that he had turned his life around since the birth of his first daughter 15 years ago.

“I tell you here’s the story of what took place at this house and you’re going to be absolutely impressed. It’s a disgusting thing that took place from the end to the beginning. But I turned my life completely around,” he said.

It was unclear Thursday exactly when Garrido was in and out of prison. Kollar said he was convicted in 1971 on the Nevada federal kidnapping and rape charges.

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A Florida water park employee has been accused of molesting 3 girls.  That sentence is disturbing enough but what is even more disturbing is the fact that the employee was a Registered Sex Offender.  The company that hired the accused man ran a background check on him.  The background check was a search of the state sex offender database and local arrest history.  If the company had run a comprehensive background check, they would know that he had been convicted of sexual battery in 2003.  Who knows, maybe even a quick check of the iPhone sex offender locator would have prevented him from being hired.

Broward County investigating how sex offender got job at Deerfield park

More girls accuse Deerfield park attendant of molesting them

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If you read our series, Employment Screening 101, you know how important criminal background checks can be.  If you have read our various articles on employeescreen University, our Blog and our newsletter The Verifier, you know how critical it is to do a thorough lifetime search if available.  This article begs the question, how far back do I search?

Elwood “Buddy” Porter was charged with possession of child pornography after a Realtor found what they believed was child porn inside his home.  After a Grand Jury indicted him records from 1961 were found by investigators.  In February of 1961 Porter was charged with trying to lure two little girls into his car to sexually abuse them.  Porter was 22 years old at the time and the girls were five and eight years old.  Porter served only six months in jail after pleading guilty to those charges.  Porter is now under investigation for other possible sexually related crimes.

Where has Porter worked in the past 50 years? Was a quality background check conducted? Were other children put at risk?

This also plays into the argument I posed yesterday about sealing criminal records after a period of time.  Yesterday’s article did not (and would not) apply to sexual molesters, however, where do we draw the line?

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