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efta-efta01144591DOJ Data Set 9OtherFrom: INVESTIGATIVE MANAGEMENT GROUP <
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DOJ Data Set 9
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From: INVESTIGATIVE MANAGEMENT GROUP <
To: [email protected]
Subject: New Regulations for Background Investigations
Date: Mon, 25 Mar 2013 20:32:01 +0000
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Our recent CLE presentation highlighted the importance of complying with both federal and state credit
reporting laws, as well as other related laws, when looking into the background of potential and current
employees. IMG recommends reviewing the boxed checklists before hiring and/or investing.
March 2013 CLE Presentation
Speakers:
Susan Gross Sholinsky and Jeff Landes, Epstein Becker Green
Topic:
The New Fair Credit Reporting Act Regulations for Background Investigations
Susan Gross Sholinsky and Jeffrey M. Landes of Epstein Becker & Green, M. discussed the importance of
complying with both federal and state credit reporting laws, as well as other related laws, when looking into the
background of potential and current employees. They reviewed the recent Equal Employment Opportunity
Commission (EEOC) guidance on the use of arrest and conviction records, as well as the legality of using certain
information obtained in connection with background checks. They also addressed recently-enacted state laws
limiting employers' use of credit information as well as laws restricting employers' ability to require applicants
for employment to provide social media passwords, as well as the "ban the box" movement, which restricts
employers from obtaining certain criminal background information at different stages in the application process.
Several states and cities have implemented laws recently addressing this topic. Finally, Susan and Jeff discussed
how to properly obtain authorization to perform background checks, and the steps employers must take prior to
making an adverse decision based on information obtained through the background check process, including a
discussion of the new forms put forth by the newly-formed Consumer Financial Protection Bureau (CPFB),
which now shares oversight of the federal Fair Credit Reporting Act with the Federal Trade Commission.
EFTA01144591
Background Check Should Cover
Criminal Records
Litigation
Judgments
Liens
Partnership Disputes
Sexual Harassment
Money Laundering
Drug or Alcohol Abuse
Education and Employment Verification
Social Media Profile
Credit and Driving (with signed consent)
Global Watch Lists
a.—
I
Choosing a Background Provider
Licensed and Insured
Government experience
Secure data network
Encrypted communication
Secure physical office
Compliance with Privacy Laws
Financial/Legal Compliance
Sarbanes-Oxley Act
Foreign Corrupt Practices Act
Patriot Act
Prompt Turn Around Time
Fixed Costs
Consistent Format/Scope
LITIGATION SUPPORT - IMG provides a range of investiga ive and intelligence-gathering services on behalf of
attorneys and their clients. IMG assists legal counsel in the discovery process by identifying and interviewing
witnesses, locating assets, assessing net worth, and conducting background investigations and surveillance when
appropriate.
CORPORATE INVESTIGATIONS - IMG employs experts in Digital Forensics and Forensic Accounting when
investigating internal fraud, workplace violence, sexual harassment and discrimination cases. IMG works with
companies to uncover early warning signs, create an action and response plan, help deploy professional staff to
assist and counsel employees in the aftermath of an incident.
BACKGROUND INVESTIGATIONS/DUE DILIGENCE - IMG provides a comprehensive analysis of a potential business
partner, entity, investor, employee or individual, both domestically and abroad.
SECURITY/EXECUTIVE PROTECTION - IMG performs a comprehensive analysis of a company's vulnerability to a
range of threats: terrorist attack, natural disaster, workplace violence, theft and spying.
825 THIRD AVENUE, 18m FLOOR, NEW YORK, NY 10022, TEL 212.308.8500 Fax 212.308.8664
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Investigative Management Group 1825 3rd Avenue FL 18 I New York I NY 1 10022
EFTA01144592
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