Are There Employee Criminal Background Check Laws?

Yes! They vary by state, but the Federal Fair Credit Reporting Act (FCRA) set national standards for performing an employee criminal background check. The law only applies to an employee criminal background check conducted by a consumer reporting agency, which is a firm that administers the employee criminal background check on your behalf. If you decide to perform an employee criminal background check in-house, make sure you follow your state’s background check laws carefully. Remember: Employees have rights, too!

According to the FCRA, some information cannot be reported in an employee criminal background check:

• Accounts in collection longer than seven years
• Paid tax liens beyond seven years
• Bankruptcies after ten years
• Arrest records, civil suits, and civil judgments after seven years

Linda Vincent, Founder of The Identity Advocate, is dedicated to helping consumers and businesses keep their identities safe. This article first appeared in the newsletter provided by The Identity Advocate.

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Do you know how easy it is to infiltrate, expose, and compromise any type of health care agency? Identity theft can easily happen right under your nose, so the best defense is a good offense. Know your rights and know how you can protect your business by performing an employee criminal background check for prospective employees during the hiring process. Unfortunately, as crime statistics for identity theft continue to soar, an employee criminal background check is more important than ever before for corporations and physician’s offices of any size.

Any employee can be a potential thief, so an employee criminal background check should be conducted on every new hire, whether it is a full time in home caregiver or a temporary /transitional caregiver. As the aging baby boomers discover it is better to have in-home care, and now economy continues to recover, more agencies are hiring more employees, it’s important to know the “do’s and don’ts” of an employee criminal background check. An employee criminal background check ensures that you are protected from identity theft predators or opportunistic criminals masquerading as enthusiastic job applicants. There are many things to consider when performing an employee criminal background check, including the components, laws, and processes necessary to ensure a new employee can be trusted with sensitive information.

What’s Included in an Employee Criminal Background Check?

Every employee background check also includes a thorough employee criminal background check. Some of the information is public and some is private, but all of the information is important in assessing a job applicant. Although the type of information checked varies from state to state and county to county, an employee criminal background check can include:

• Credit, driving, criminal, education, medical, drug test, court, military, and bankruptcy records
• Social Security Number
• Vehicle registration
• Property ownership
• Past employment
• Professional and personal references

All of this information is invaluable, but one aspect that is often overlooked is the credit report. A poor credit rating makes the average applicant a higher risk for identity theft. Additionally, research shows that one in four disputes over information on an employee criminal background check is connected to identity theft issues, so take every precaution to thoroughly evaluate every prospective employee’s credit and criminal records.

Are There Employee Criminal Background Check Laws?

Yes! They vary by state, but the Federal Fair Credit Reporting Act (FCRA) set national standards for performing an employee criminal background check. The law only applies to an employee criminal background check conducted by a consumer reporting agency, which is a firm that administers the employee criminal background check on your behalf. If you decide to perform an employee criminal background check in-house, make sure you follow your state’s background check laws carefully. Remember: Employees have rights, too!

According to the FCRA, some information cannot be reported in an employee criminal background check:

• Accounts in collection longer than seven years
• Paid tax liens beyond seven years
• Bankruptcies after ten years
• Arrest records, civil suits, and civil judgments after seven years

Employee Criminal Background Check: An Overview

Follow this employee criminal background check “cheat sheet” to safeguard your company from identity thieves and potential criminals in the workplace:

• Who: Every employee!
• What: A comprehensive employee criminal background check that abides by all applicable laws
• When: Before an employee is hired
• Why: To protect your business and your employees!
• How: Either in-house or by a consumer reporting agency

If you have questions or need assistance performing an employee criminal background check, don’t hesitate to the contact the experts! It can save your business from disaster. Contact Linda Vincent at 310-831-4400 or connect with her at linda@theidentityadvocate.com

Department of Justice

A Southern California man who ran a durable medical equipment (DME) supply company has been found guilty by a federal jury in Los Angeles for his role in a $1.5 million Medicare fraud scheme.

Acting Assistant Attorney General David A. O’Neil of the Justice Department’s Criminal Division, U.S. Attorney André Birotte Jr. of the Central District of California, Assistant Director in Charge Bill Lewis of the FBI’s Los Angeles Field Office and Special Agent in Charge Glenn R. Ferry of the Los Angeles Region of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) made the announcement.

Vahe Tahmasian, 36, of Glendale, Calif., was found guilty on March 21, 2014, in U.S. District Court in the Central District of California of one count of conspiracy to commit health care fraud, six counts of health care fraud and six counts of aggravated identity theft.   Sentencing is set for June 9, 2014.

The evidence introduced at trial showed that between April 2009 and February 2011, Tahmasian operated a Medicare fraud scheme at Orthomed Appliance Inc. (Orthomed), a DME supply company in West Hollywood, Calif.   Tahmasian and his co-conspirator, Eric Mkhitarian, purchased Orthomed from the previous owners and put the company in the name of a straw owner.   The defendant and his co-conspirator then stole the personal identifying information of Medicare beneficiaries and doctors in the company’s patient files and used that information to submit a large volume of fraudulent claims to Medicare.   The evidence showed that during a three-month period in late 2010, Tahmasian submitted more than $1.2 million in fraudulent claims to Medicare for services that were never prescribed by a physician and never provided to the Medicare beneficiaries.   Tahmasian and his co-conspirator then took out more than $622,000 in cash from the company over a six-week period in early 2011.   The evidence at trial showed that Tahmasian used a fake California driver’s license during the course of the fraudulent scheme.   Tahmasian submitted a total of $1,584,640 in claims to Medicare and received approximately $994,036 on those claims.

Mkhitarian, Tahmasian’s alleged co-conspirator, remains a fugitive.

The case was investigated by the FBI and the Los Angeles Region of HHS-OIG and brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Central District of California.  The case is being prosecuted by Assistant Chief Benton Curtis and Trial Attorney Alexander Porter of the Fraud Section.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,700 defendants who have collectively billed the Medicare program for more than $5.5 billion.   In addition, HHS’s Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.

To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov .

One of the Tax Division’s highest priorities is prosecuting people who use stolen identities to steal money from the United States Treasury by filing fake tax returns that claim tax refunds. Working to stop Stolen Identity Refund Fraud, or SIRF, is vital because these schemes threaten to disrupt the orderly administration of the income tax system for hundreds of thousands of law abiding taxpayers and to cost the United States Treasury billions of dollars.

SIRF crimes are complicated to prosecute because they are often perpetrated by large criminal enterprises with individuals at all stages of the scheme: those who steal the Social Security Numbers (SSN) and personal identifying information, those who file false returns with the Internal Revenue Service (IRS), those who facilitate obtaining the refunds, and the masterminds who promote the schemes. These criminal enterprises are able to exploit the speed and relative anonymity of highly automated systems for storing personal information, preparing and filing tax returns electronically, and generating income tax refunds quickly—often in the form of electronic payments.

Identities used in SIRF crimes may be stolen from anywhere. SIRF criminals have used social security numbers stolen from institutions such as hospitals, nursing homes, and public death lists, thereby exploiting some of the most vulnerable members of our communities—the elderly, the infirm, grieving families. However, everyone with a social security number is potentially vulnerable to having their identity stolen. According to the IRS, from 2008 through May of 2012, the Service has identified more than 550,000 taxpayers who have had their identities stolen for the purpose of claiming false refunds in their names.

Click here to read the entire article: http://www.justice.gov/tax/Stolen_Identity_Refund_Fraud.htm

The Tax Division has had considerable success in SIRF prosecutions, which have generated long sentences for those convicted of SIRF crimes. This page contains links to articles, websites, and press releases with information on how the Justice Department and IRS are dealing with SIRF crimes, guidance for citizens whose identities have been stolen and used to file false tax returns, and efforts of the Justice Department to prosecute these crimes – Kathryn Keneally, Assistant Attorney General for the Tax Division   Press Release Announcing SIRF Enforcement Initiative

Connect with Linda at 310-831-4400 or at info@theidentityadvocate.com to mobilize your efforts of protection and recovery when it happens to you!

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael B. Steinbach, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Manuel Orosa, Chief, City of Miami Police Department (MPD), and José A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that Malinsky Bazile, 28, of North Miami Beach, was sentenced today for his participation in a stolen identity tax refund scheme. Bazile was sentenced to 144 months in prison, to be followed by three years of supervised release and ordered to pay restitution in the amount of $140,000.

Bazile was convicted by a jury of one count of fraudulent use of unauthorized devices, in violation of Title 18, United States Code, Section 1029(a)(2), four counts of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1), one count of exceeding authorized access to a protected computer, in violation of Title 18, United States Code, Section 1030(a)(4), and one count of possession of fifteen or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(3).

According to testimony and evidence presented at trial, the defendant operated an identity theft tax refund scheme from January 2012 to October 2012. During that period, the defendant, while employed as a City of Miami Police Officer, used his access to the Florida driver’s license database to steal the personal identity information of approximately seven hundred middle-aged women with common last names throughout the State of Florida. Using those identities, the defendant filed false and fraudulent tax returns with the Internal Revenue Service seeking refunds payable to pre-paid debit cards. The defendant was captured on multiple bank ATM videos withdrawing money from pre-paid debit cards loaded with fraudulent tax refund proceeds. FBI and MPD conducted a search at the defendant’s residence and found ledgers in a safe filled with hundreds of people’s identities and several pre-paid debit card containers. The defendant admitted to FBI and MPD that he made between $130,000 to $140,000 from the fraud scheme in 2011 and 2012.

Mr. Ferrer commended the FBI, MPD, and IRS-CI for their work on the case. The case is being prosecuted by Assistant U.S. Attorneys Michael N. Berger and Peter Forand.

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A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

Further questions on protection from identity theft or obtaining a fully managed recovery program connect with Linda at 310-831-4400.

This is an example of how identity theft can take place with the new Healthcare sign ups .  We have been informed the navigators have not had criminal background checks completed on them. Their training is 20 to 30 hours, and after that training, they are expected to know the ins and outs of the 1200 page document of the Affordable Care Act.  The Healthcare.gov site is not secure; has not had all the testing done before implementing the sign up pages; and now, your information can be viewed by anyone working there?

Seriously!

Plus the data can be accessed by not only the IRS, Dept of Homeland Security, Dept of Health and Human Services, Social Security Administration, Centers for Medicare and Medicaid,  but the navigators themselves.

Whom should you trust? Watch the news clip below.

Remember, The Identity Advocate is here for your needs in providing  education, information,  solutions, and a fully managed identity theft recovery product at a cost of less than a car wash a month. Contact Linda at 310-831-4400 or linda@thedientityadvocate.com

The National HealthCare Anti-Fraud Association has made some great recommendations for making yourself aware of potential hazards with the onset of  health care reform. You must realize legitimate insurance companies must be licensed to sell insurance of any kind with the state Department of Insurance in each state where they sell insurance. Insurance brokers must be licensed as well. Before you consider buying insurance, you should determine if the company or individual selling the insurance policy is properly licensed.  Every state has  a Department of Insurance where you can check out the company and the independent brokers.

These are some simple steps to follow to help you avoid being the victim of a health insurance scam:

DON’T

• Don’t buy insurance online or over the phone, based on mailers, fliers or ads without investigating first and clearly understanding what you are buying.
• Don’t respond to high pressure or fear tactics from aggressive salespeople.
• Don’t provide your Social Security number, bank account numbers or credit card numbers before confirming that you are dealing with a legitimate company, and don’t give out personal information over the phone.
• Don’t sign blank insurance claims forms.
• Don’t give blanket authorization to a medical provider to bill for services rendered.

DO

• Do take the time to research any company before purchasing a health insurance policy from it-a few minutes invested in searching the Internet is worth your time.
• Do check with your state’s Insurance Department to make sure the company is licensed to do business.
• Do compare insurance coverage.
• Do document your dealings with any company from which you are considering purchasing insurance.
• Do get a list of doctors and other providers that participate with the insurance plan you are considering.
• Do ask LOTS of questions.
• Do report suspected fraud to your state insurance department.

Below are some resources to help you learn more about the Health Care Reform law, what it means to you and how to protect yourself from being the victim of fraudulent health insurance scams.

• The U.S. Department of Health & Human Services manages a robust website intended to inform consumers about the new law: HealthReform.GOV
• The Obama Administration has created a website which aims to explain the new health reform law: Health Reform: What It Means To You
• To determine if a health insurer is licensed to do business in your state, check with your state’s department of insurance (DOI). Plus, most DOI websites provide information and resources on how to report suspected fraud.

For other information and further education connect with Linda at 310-831-4400 or Linda@theidentityadvocate.com

The following are highlights from significant identity-theft cases. All details are based on court documents.

Memphis Woman Sentenced on Tax Fraud Charges
On Dec. 21, 2012, in Memphis, Tenn., Aundria Bryant-Branch was sentenced to 262 months in prison, three years supervised release, and ordered to pay $690,399 in restitution to the Internal Revenue Service (IRS). According to the indictment, Bryant-Branch orchestrated a tax refund scheme beginning in or about 2006 and continuing until approximately June 10, 2008. Bryant-Branch obtained stolen identification information and a stolen “Warrant Book” from the Memphis Police Department. This book listed individuals with outstanding arrest warrants. Bryant-Branch would give the stolen identification information to others, who then used it to prepare and electronically file false tax returns with the IRS claiming refunds without the taxpayer’s knowledge. These fraudulent returns generated either refund checks from the IRS or Refund Anticipation Loan (RAL) checks from the Bank and Trust of Santa Barbara.

Barbados National Sentenced for Using Stolen Identities to File False Claims for Tax Refund
On Nov. 7, 2012, Chicago, Ill., Andrew J. Watts, a Barbados national, was sentenced to 114 months in prison and ordered to pay $1.7 million in restitution. Watts pleaded guilty on July 10, 2012, to one count of mail fraud and one count of aggravated identity theft. According to court documents, between 2007 and 2011, Watts filed false federal income tax returns in the names of deceased taxpayers seeking fraudulent refunds. Watts either signed the name of the deceased taxpayer to the tax return or would falsely list himself as the deceased taxpayer’s representative. As part of the scheme, Watts filed over 470 false federal income tax returns, claiming fraudulent refunds in excess of $120 million. Watts directed the IRS to either mail the refund checks to an address he controlled or to electronically deposit the refund into a bank account under his control.

North Carolina Men Sentenced in Identity Theft Scheme
On Oct. 1, 2012, in Raleigh, N.C., Jeffrey Glenn Toohey and Christopher Fleming were sentenced to prison for their roles in an identity theft scheme. Toohey was sentenced to 125 months in prison, five years of supervised release, and ordered to pay a $600 special assessment and $261,354 in restitution. Fleming was sentenced to 30 months in prison, three years of supervised release, and ordered to pay a $300 special assessment and $204,799 in restitution. According to court documents, Toohey fraudulently opened credit card accounts using stolen identities and purchased items using the fraudulent accounts. Further in October 2010, Toohey and Fleming broke into a tax preparation office, stealing over 300 files containing personal information of tax clients. Toohey then filed 2010 tax returns in the names of the clients and directed the tax refunds to either debit cards, which were mailed to addresses which Toohey and Fleming knew, were vacant, or to bank accounts that were opened, using fraudulent and unauthorized information. When the tax refund proceeds were received, Toohey and Fleming used the funds to purchase various items.

The latest information on Identity Theft enforcement efforts and individual cases are available on IRS.gov.