Master Licensing Investigation Training Book

Licensing & Investigations New York New York Hotel & Casino Las Vegas, Nevada December 10 - 12, 2018

NIGA Seminar Institute Commissioner Certification Training Master AGENDA December 1 0-12 , 2018 New York New York Hotel Casino

Monday, December 1 0

8:00 AM 9:00 AM 9:00 AM 10:30 AM 10:30 AM 10:45 AM 10:45 AM 12:30 PM 12:30 PM 2:00 PM 2:00 PM 3:15 PM 3:15 PM 3:30 PM 3:30 PM 5:00 PM 8:00 AM 9:00 AM 9:00 AM 10:30 AM 10:30 AM 10:45 AM 10:45 AM 12:30 PM 12:30 PM 2:00 PM 2:00 PM 3:15 PM 3:15 PM 3:30 PM

Breakfast to be provided How to be D ili gent When Licensing Casino Employees. Top10 Screening Tip s Julie Hackman, President & CEO American Checked Break Reviewing the V arious C omponents T hat M ake U p a T hrough B ackground C heck Julie Hackman, President & CEO American Checked Lunch Break International Screening: Myths & Mis-perceptions Julie Hackman, President & CEO American Checked Break Questions and Answers in the Backgrounding Processes Julie Hackman, President & CEO American Checked Tuesday, December 1 1

Breakfast to be provide d Roles and Responsibili ties of Gaming Commissioner Danielle Brashear, Gaming Commission Seneca-Cayuga Nation in Oklahoma Break Ethical Consideration s in the Regulation of Gaming Elizabeth Homer, Homer Law Lunch Break Investigat ive Report Writing Elizabeth Homer, Homer Law Break

Administrative Hearings Elizabeth Homer, Homer Law

3:30 PM 5:00 PM

Wednesday, December 1 2

8:00 AM 9:00 AM 9:00 AM 10:30 AM 10:30 AM 10:45 AM 10:45 AM 12:15 PM

Breakfast to be provided Applying the Suitab i lity Standard Elizabeth Homer, Homer Law Break

Conducting Hearings from a Gaming Commissioner's Per spective Danielle Brashear, Gaming Commission Seneca-Cayuga Nation in Oklahoma

Please plan to stay for the entire class on each day to get your certificate of completion. Please be on time for sessions

12/6/18

NIGAMaster Certification Series Background Screening

Julie Hakman, President & CEO AmericanChecked Inc. www.americanchecked.com

© 2016 AmericanChecked Inc.

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Warm Up

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Background Screening Tips¹⁰ to Diligent Screening

NIGAMaster Certification Series

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Background Screening Tips¹⁰

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AGENDA Background Screening Tips¹⁰

Understanding Thorough Screening International Screening Wrap Up

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Background Screening Tips¹⁰

• Series of Overlapping Tools • Use a Professional CRA • NAPBS Benefits & Accreditation • References & Verifications • Latest Technology • Latest Regulation & Legislation • Offshoring • Deceptive Marketing • Criminal Records are not a COMODITY • Background Checks are NOT Created Equal

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Tip¹ - Overlapping Tools

• No Single Source • Constantly Changing • Criminal Records – 10,000 – County • Online • Live Researched – State

– Database – Multi-Jurisdictional • FBI • Commercial – Sex and Violent Offender Registries – Homeland / OFAC – International – Federal Criminal – Civil – Tribal

© 2016 AmericanChecked Inc.

Tip² - Use a Professional Background Screener (CRA)

Scre ening Providers Today 3000+ – Consumer Reporting Agencies (CRA) – Private Investigators – Online Database Providers – Police Departments

– Data for Sale – Other Sources

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Tip² - Using a CRA

Professional Background Screening • Heavily Regulated • Subject to oversight by FTC and CFPB • Compliant with FCRA • Maintains Standards of Accuracy • Provides Consumer (Applicant) Protections • Ensures Data Security • Adheres to State and Federal Laws

© 2016 AmericanChecked Inc.

Tip² - FCRA

Legal§ 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b] (a) In general. Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other: (3) To a person which it has reason to believe— (A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or (B) intends to use the information for employment purposes ; or (C) intends to use the information in connection with the underwriting of insurance involving the consumer; or (D) intends to use the information in connection with a determination of the consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant’s financial responsibility or status; or (E) to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or (F) otherwise has a legitimate business need for the information

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Tip³ - NAPBS

National Association of Professional Background Screeners – www.napbs.com • Member of National Association of Professional Background Screeners • Individual Certification • National Company Accreditation – Independent Validation / Audit – Consumer Protections

– Legal Compliance – Client Education – Researcher and Data Product Standards – Verification Service Standards – General Business Practices

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Tips²῀³ - Benefit to Tribes

• Legal Protections • Obligation of Accuracy • Adherence to State and Federal Laws • Applicant Protections – Dispute Process

– Identify Problems – Correct Records – Desire to put people to work

• Improved Standards – Verified Sources – Vetted employees, vendors, associates and affiliates

– Data Security – PII Protections

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Tip⁴ - SSN Verifications

• Standard Search – Valid Range

– Year of Issuance – State of Issuance – Deceased File Index

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Tip⁴ - CBSV

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Tip⁵ - Know the Latest Trends & Technology • Monitoring Programs – Criminal – MVR • Social Media • References • Data Extraction • IVES • ATS / Paperless Processes

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Tip⁵ - Trends & Technology

• Monitoring Programs – Criminal – MVR

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Tip⁵ - Trends & Technology

• Social Media

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Tip⁵ - Trends & Technology

• References – Do Them!!

• eReferences • 3/5…5/7

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Tip⁵ - Trends & Technology

• Data Extraction

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Tip⁵ - Trends & Technology

IVES

• Verify employment income • Discover employers omitted from the application for past 4 years • Identify SSN discrepancies

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Tip⁵ - Trends & Technology

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Tip⁵ - Trends & Technology

• ATS / Paperless Processes

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Tip⁵ - Trends & Technology

• ATS / Paperless Processes

2015 McKinsey Global Survey

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Tip⁵ - Trends & Technology

• ATS / Paperless Processes • Recycle 7-10 max. • 6 th largest polluter in the US • 60% of timber is used for paper • Use of water • Up 400% in 40 yrs. • 18,000,000 acres forests lost each year • 20 football fields per minute • Impact on global warming 12-17% 2016 Forest Ethics – www.forestethics.org/paper-the-facts 2016 Environmental Paper Network – www.environmentalpaper.org 2016 World Resources Institute – www.wri.org

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Tip⁵ - Trends & Technology

• ATS / Paperless Processes

• 58% still use paper • 65% documents • 27% print every pdf they view • Average worker handles 10,000 sheets per year • 45% of all office paper is trashed • Consider 1 4 – Drawer Cabinet § Holds 15K-20K pages of paper § Costs $25,000 to fill § Costs $2,000 per year to maintain

© 2016 AmericanChecked Inc.

Tip⁶ - Know the Latest in Legislation and Regulation

• Changing Climate • Consumer Issues • Legislative Tracking • Litigation – Paradigm Shift

© 2016 AmericanChecked Inc.

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Tip⁶ - Redaction “the process of editing text”

State County

DOB (completeorpartial)

FL FL FL FL FL FL

Putnam

YOBonly YOBonly YOBonly YOBonly YOBonly

MO AllCounties

DOBYearOnly

AR AR AR AR AR AZ CA CA CA CA CA CA CA CA CA CA CT

Crawford Faulkner Garland HotSpring

none none none none none

Saint Johns Sarasota Seminole Washington BIBB-STATE Sumter CHATHAM CHEROKEE CLARKE CLAYTON COLUMBIA BRYAN

ND ALL NM ALL

PARTIAL -YOBONLY

none

OK

ALL

MonthandYearonly YOBOnlyCPandMuni

OH ASHTABULA OH BUTLER OH CLARK OH CLERMONT OH CUYAHOGA OH GEAUGA OH JACKSON OH KNOX OH LAKE OH MARION OH MEIGS OH PICKAWAY OH ROSS OH SCIOTO OH UNION OH WILLIAMS

Pulaski SWonly Colusa Fresno

YOBOnlyCP

MonthandYearonly

GA GA GA GA GA GA GA GA GA GA GA GA GA GA GA GA GA GA GA GA GA GA

NoDOBonCPsite

None None None None None None None None None None partial none

BIBB-SUPERIOR

YOBOnly

NoDOBonMiniMunisites YOBOnlyCPandMuni

Glenn Marin

YOBOnlyCP YOBOnlyCP YOBOnlyCP YOBOnlyCP YOBOnly YOBOnlyCP YOBOnlyCP NoDOBMuni YOBOnlyCP partial-year

Sacramento SanBernadino SanFrancisco San Joaquin

COWETA-STATE COWETA-SUPERIOR

SantaClara

DADE

NoDOBonCPsite

Siskiyou

FAYETTE FORSYTH

ALL

Federals ALL

FULTON-STATE FULTON-SUPERIOR

FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL fl

Alachua

YOBonly YOBonly YOBonly YOBonly YOBonly YOBonly YOBonly YOBonly YOBonly YOBonly YOBonly YOBonly YOBonly YOBonly YOBonly YOBonly YOBonly

RI SC TX TX TX TX TX TX TX TX TX TX

ALL ALL

Bay

GWINNETT HENRY-STATE

PARTIAL (YOBONLY) PARTIAL -VARIES PARTIAL -VARIES PARTIAL -VARIES PARTIAL -VARIES PARTIAL -VARIES PARTIAL -VARIES PARTIAL -VARIES PARTIAL -VARIES PARTIAL -VARIES PARTIAL -VARIES

Calhoun Charlotte

CAMERON

HENRY-SUPERIOR

FANNIN

Citrus Duval

LIBERTY MADISON RICHMOND

FORTBEND GILLESPIE HENDERSON

Escambia

Flagler Holmes

WALKER

HOOD

HI ID IL IL IL IL KS KS

AllCounties

NoDOB

MATAGORDA

IndianRiver

ALL

PARTIAL -YOBONLY partial-month/year

WALKER

Lake

DuPage McHenry Winnebago

WILLIAMSON

Manatee Monroe Nassau Okaloosa Orange Pinellas

partial-year

WOOD

partial-month/year

VA ALEXANDRIA

PARTIAL

McLean

partial-year

ALL-exceptFairfax, Alexandria,VABeach PARTIAL

VA

ALLexcept Johnsonand Shawnee

none none

VA FAIRFAX VA VABEACH

PARTIAL PARTIAL

Shawnee

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Tip⁶ - “Ban the Box”

“Have you ever been convicted of a crime or pled guilty or no contest to a crime? If ‘yes,’ please provide the nature of the crime and the date of conviction.”

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Tip⁶ - “Ban the Box”

• 150 Cities and Counties • 29 States

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Tip⁶ - “Ban the Box” Executive Order

• “Ban the Box” for all federal agencies

• ACLU calling on

President to extend to all federal contractors

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Basic⁷ - Offshoring

• Personal Identifying Information (PII) should always be protected. • CA passed SB 909 in 2012 requiring the disclosure of all offshoring. • Privacy Policy must disclose information regarding offshoring. • Privacy Policy must be conspicuously posted.

© 2016 AmericanChecked Inc.

Basic⁸ - Deceptive Marketing

XXXXX has invested heavily in the development of our Affiliate Partnerships. We believe in building a team. We believe there is strength in numbers. And we value the power of relationships. We have opened up all of our technologies to our fully vetted Affiliate Partners, as we continue to grow our network of influence. We interface with some of the most popular Applicant Tracking Systems in the business today. These software service providers can integrate with our system and can be customized to integrate directly with your systems as well.

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Basic⁸ - Deceptive Marketing • Criminal Records • Turnaround Time • Guarantees • SSN • Fees – Fees – Fees – Jurisdictional Fees should not vary

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Basic⁹ - Criminal Records are NOT a COMODITY

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Basic⁹ - Criminal Records are NOT a COMODITY

Criminal Records 101

OSBI State Repository County Search RECORD FOUND NO DISPOSITION

Nationwide Database AOC Federal Civil NO RECORD FOUND

Additional Research conducted with court clerk

Name: Applicant, Johnny Sex: M Race: W DOB: 01/12/1971

Height: 511 Weight: 180

Disposition: Felony Conviction, Sentence 10 yrs Prison 10 yrs Jail 49 days, Received: 01/22/1998 Paroled: 04/23/2001

Eyes: Blue Hair: Brown SSN: 444-XX-XXXX DOC NO: 247359Date Arrested or Received: 01/22/1998

Grant County Jefferson, OK Charge: Burglary, Felony

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Basics¹⁰ Background Checks are NOT Created Equal

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Basics¹⁰ - Provider Checklist

q Are you a Consumer Reporting Agency? q Are you a member of NAPBS? q Are you Accredited? q Are you FCRA Certified? q Are you FCRA compliant? q What is your turnaround time, by product? q How long is your agreement for? q Can I use other providers? q Can I get a copy of an invoice? q What fees are not included on my proposal? q Do you Offshore or have staff outside the US? q May I contact a former Customer? q When checking references: q Howmany attempts do you make? q Over what period of time? q During what hours of the day? q What is your success rate?

q Do you conduct “live” criminal searches? q Do you conduct additional research on “hits” with no disposition? q Do you charge for additional research? q Do you notify me when a name-match-only “hit” occurs? q What products offered have additional fees? q What are those fees? q Does a “Packaged Price” include fees? q Do you use data extraction technology? q If yes, what is your search criteria? q How is a Federal Criminal Search conducted? q Please provide a list of comparable references. q Do you provide Pre and Post-Adverse Action letters? q Do you provide a Disclosure and Authorization? q Do you provide a copy of the Summary of Rights? q What happens if a consumer disputes a report finding? q How do you stay on top of the changing legislative climate?

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LICENSE

Understanding Thorough Screening

NIGAMaster Certification Series

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Crapshoot: (noun) something that could produce a good or bad result

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Thorough Background Checks • Rule Out Bad actors Bad characters • Establish Good judgment Solid work ethic Loyalty

Liars Accidents waiting to happen

Qualifications (training, education, certifications, job skills)

Best Practices: Licensees, Employees and Vendors q SSN Validation q CBSV q Address Locator q Employment / License Verification / References q Social Media (?) q Criminal Search based on Address Locator (not past addresses listed on application) q Multiple Sources, including county level searches q National Criminal Search (900MM +/Multi-State Sex and Violent Offenders Search) q Federal Criminal q Civil Search

q International Search (if applicable) q Job Related a-la-carte searches: q Motor Vehicle Record q Employment Credit Report q Professional License Verification q MISC.

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SSN Verifications

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Address Locator Reports

• DON’T rely on applicant provided addresses • Includes prior addresses AND alias names

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Address Locator Lesson

Applicant: Shaggy Romero fromMescalero, NM Applicant Supplied Info: Name, DOB, SSN, Address Searches Conducted: SSN Search Police

County Criminal – Current County of Residence and Employer Federal Criminal Sex Offender Nationwide Database

Reported Results:

SSN Search:

SSN Valid. Issued in NM1979-1984.

Police:

No Records Found No Record Found No Record Found No Record Found No Record Found

County Criminal: Federal Criminal: Sex Offender:

Nationwide Database:

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Address Locator Lesson

Searches Conducted:

Address Locator SSN Search Police County Criminal – Counties of Residence and Employer for the last 10 years Federal Criminal Sex Offender Nationwide Database

Reported Results:

Prior TX Addresses

Address Locator: SSN Search:

SSN Valid. Issued in NM1979-1984

Police:

No Records Found No Record Found No Record Found No Record Found

Federal Criminal: Sex Offender: Nationwide Database: TX County Criminal:

Case: Felony 02-02-2009 Offense: Assault/Bodily Injury Plea: Guilty

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References & Verifications

Personal References • Born Again Believer – Candid Response

– Detect Omitted Employers – Identify Job Responsibilities – Uncover Gaps • Personal References before Employment • Collect cell and email addresses • Collect more than you need (i.e. 3 of 5 or 5 of 7) • When conducted by Screening Company, carefully review: – # of Attempts – Interview Questions – Success Rate

© 2016 AmericanChecked Inc.

References & Verifications

Employment Verifications • Ask for Professional Reference • Use Employment Credit Report to determine omitted past employers • Using the “Work Number” • TribalTRAC • Liars for Hire - Paladin • Collect cell and email addresses • When conducted by Screening Company, carefully review: – # of Attempts – Interview Questions – Success Rate

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Social Media

• 40% of employers use social media to screen candidates, looking to: – Evaluate professionalism and social conduct – Evaluate fit for company culture – Evaluate qualifications • 51% of employers report finding content that caused them not to hire a candidate

Sources: http://www.careerbuilder.com/share/aboutus/pressreleasesdetail.aspx?sd=6%2F26%2F2014&id=pr829&ed=12%2F31%2F2014; http://www.go-gulf.com/blog/social-media-pre-employment-screening/

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Social Media

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Social Media

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Social Media

Potentially illegal activity

Potentially violent conduct

Sexually explicit material

Demonstrations of racism/intolerance

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Social Media

Race

Color

Age

Sex

National Origin

Religion

Disability Veteran Status

Genetic Information

Jurisdictional Information

Sexual Orientation

Gender Identity

Excluded Federal Protections

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Social Media

• Avoid Risks

SOCIAL MEDIA SCREENING FOR INTELLIGENT LICENSING

Experience Years in social media High profile clients

Trust FTC Approved Market validated

Consistency Reliable report types Clear picture of behavior

Protection Actionable reports Avoid lawsuits & negligence

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Social Media

New Laws Emerging – Maine • “Employee Social Media Privacy” law makes it illegal to: – Require or request that an employee or applicant disclose a social media password; – Require an employee or applicant to disclose personal social media account information (subject to an exception for workplace investigations); – Require an employee or applicant to add anyone, including the employer, to her list of contacts on a social media account; or – Require or ask an employee or applicant to alter settings that affect a third party’s ability to view the contests of a social media account

• Does not apply to information that’s publicly available

© 2016 AmericanChecked Inc.

Criminal Records 2.0

• No single tool can be relied on but need series of overlapping tools • Criminal records sources – 10,000 + courts – FBI – Nationwide – County, Town and Municipal Courts – State Courts – Online AOC / State / County – Civil Courts – Federal Courts – Tribal Courts – Other Record Sources • Prison Systems • Sexual Predator Lists • Federal Sanction and Watch lists • Vendor Databases • Police

© 2016 AmericanChecked Inc.

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Criminal Searches

Nationwide Database Online County AOC Federal Civil NO RECORD FOUND

FBI Fingerprint State Repository County Search RECORD FOUND NO DISPOSITION

Additional Research conducted with court clerk

Name: Applicant, Johnny Sex: M Race: W DOB: 01/12/1971

Height: 511 Weight: 180 Eyes: Blue Hair: Brown SSN: 444-XX-XXXX DOC NO: 247359Date Arrested or Received: 01/22/1998

Disposition: Felony Conviction, Sentence 10 yrs

Prison 10 yrs Jail 49 days,

Grant County Jefferson, OK Charge: Burglary, Felony

Received: 01/22/1998 Paroled: 04/23/2001

© 2016 AmericanChecked Inc.

FBI – NCIC Fingerprint

• Though perceived as all encompassing, the FBI database is not considered reliable as a single source for background screening purposes - it is recommended that other sources be used to supplement the FBI search • Fingerprint matching – prints must be on file • Significant time lags from reporting states • Inconsistent reporting requirements from state to state • Limited reporting of case dispositions (45 – 50 %) • Serious issues in depository data linking • Return delays

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FBI Lesson

Applicant: Dylann Roof Applicant Supplied Info:

Name, DOB, SSN, Address

Searches Conducted:

FBI / Fingerprint

Reported Results:

No Record Found

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FBI Lesson

Applicant: Dylann Roof Applicant Supplied Info:

Name, DOB, SSN, Address

Searches Conducted:

FBI / Fingerprint

Reported Results:

County Criminal

Case: 3/16/2015 Offense: Poss of Controlled Substance Plea: Pending

County Criminal

Case: 4/27/2015 Offense: Trespassing Plea: Guilty Bench Trial Verified and 12 Days in Jail

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National Databases

• “National” is a misnomer: – While current multi-jurisdictional databases contain millions of records (often 900-million or more), there exists no single, national database that contains all criminal records in the US • These databases include only those records from various government and law enforcement entities, counties, sex and violent offender registries and other sources that have been made available for purchase • Data cannot be 100 percent accurate, complete or up- to-date • “Clear” product is not Compliant with Licensing or Hiring

© 2016 AmericanChecked Inc.

Databases - continued

• Data structures are not always reliable: – When combining several different databases into one, the methods used to structure the data will impact search results – For example, when a query is done using “ROBERT SMITH,” results returned may or may not include ROBERT A, BOB, BOBBY, and ROBERTO … whether separate queries must be made for each name varies from one database to another • Extraction Technology often applied • Ensure identifiers • Avoid duplicated records • Use as pointer only, “Hits” must be verified

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• A county criminal search is a deep search, usually conducted in person, for a particular county • Latest and most complete information available, revealing the greatest level of detail • Most common for employers and regulators • Misdemeanor and felony • Co-located records – What most people don’t know … • Limited in scope • Fees should NOT vary County Criminal Records

© 2016 AmericanChecked Inc.

State Repositories

• Limited access • Not available in all states • Often require additional release • Often lack disposition • Six (6) have closed records • Not all counties contribute • Fees

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State Repository Delays

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State Reporting Lesson

Applicant: Jeffrey L. Thompson Applicant Supplied Info:

Name, DOB, SSN, Address

Searches Conducted:

Valid SSN Search Police State Criminal Federal Criminal Sex Offender Nationwide Database

Reported Results:

Valid SSN Search:

SSN Valid. Issued in CA in Year 1968 – 1972.

Police:

No Records Found No Record Found No Record Found No Record Found No Record Found

State Criminal: Federal Criminal: Sex Offender:

Nationwide Database:

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State Reporting Lesson

Applicant: Jeffrey L. Thompson Applicant Supplied Info:

Name, DOB, SSN, Address

Searches Conducted:

Valid SSN Search Police State Criminal Federal Criminal Sex Offender Nationwide Database

Reported Results:

Valid SSN Search:

SSN Valid. Issued in CA in Year 1968 – 1972.

Police:

No Records Found

Verified, NOT REPORTABLE Case: 01/14/2002 Offense: Murder Plea: Guilty

State Criminal:

Federal Criminal: Sex Offender:

No Record Found No Record Found No Record Found

Nationwide Database:

© 2016 AmericanChecked Inc.

Online County Records

• Online searches have limited search criteria and most often are “name match only” • When using an online source, always use an address locator and other sources to find aliases and other identifiers • While many online court networks actually search court dockets, most networks do not include all jurisdictions • All online searches should still be verified at the county level

© 2016 AmericanChecked Inc.

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Online County Records

• Automated searches: Extraction • Search criteria NOT flexible • Name match only • Not available in all counties (approx. 1/3 of 3144) • Often no disposition • Require additional research • Subject to change

© 2016 AmericanChecked Inc.

Federal Records

• 96 Districts • 500 Courts • Civil

• Criminal • Bankruptcy • 13 Appellate Courts

• Records include federal crimes such as hijacking, kidnapping and drug trafficking, interstate commerce and constitutional law • PACER • Name match only

© 2016 AmericanChecked Inc.

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SSN and Federal Lesson

Applicant: Johnny Bravo from Chicago Applicant Supplied Info: Name, DOB, SSN, Address Searches Conducted: SSN Search Police

County Criminal Federal Criminal Sex Offender Nationwide Database

Reported Results:

Valid SSN Search:

SSN Valid. Issued in Illinois in Year 1985 – 1987.

Police:

No Records Found No Record Found No Record Found No Record Found No Record Found

County Criminal: Federal Criminal: Sex Offender:

Nationwide Database:

© 2016 AmericanChecked Inc.

SSN and Federal Lesson

Searches Conducted:

Valid SSN Search AND SSN DECEASED FILE Police

County Criminal Federal Criminal Sex Offender Nationwide Database

Results:

SSN Search:

Valid. Issued in Illinois in Year 1985 – 1987. Deceased 9-15-85 Age 7

Police:

No Records Found No Record Found

County Criminal: Federal Criminal:

Case: Felony. 11/03/2004 Offense: Distribution of Child Pornography Plea: Guilty, Sentenced to 4 yrs. Registered Sex Offender, Sentence: LIFE Registered Sex Offender, Sentence: LIFE

Sex Offender:

Nationwide Database:

© 2016 AmericanChecked Inc.

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Civil Records

• Non-criminal offenses, brought by individuals, companies or governmental entities seeking monetary damage • Civil records are stored in courts at the county (lower and upper civil levels) and federal levels • The difference between lower andupper civil levels is typically dollar amount • Additional research is typically needed as identifiers are not often available on civil records • At the county level: • Civil records canprovide insight intothe subject’s participationas a defendant withincivil litigationproceedings or disputes

• At the federal level: •

Civil litigationrecords canprovide insight intothe subject’s involvement inallegedviolations of federal statutes or constitutional rights

© 2016 AmericanChecked Inc.

Online Lesson Applicant: Louis Francisco Mojica SEARCHED LOUIS FRANCISCOMOJICA Searches Conducted: SSN Search Police OK Online County Criminal Federal Criminal Sex Offender Nationwide Database Reported Results: Valid SSN Search: SSN Valid. Issued in CA in Year 1968 – 1972. Police: No Records Found OK Online County Criminal: No Records Found Federal Criminal: No Record Found Nationwide Database: No Records Found Sex Offender: No Records Found

© 2016 AmericanChecked Inc.

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Online Lesson Applicant: Louis Francisco Mojica SEARCHED FRANK MOJICA Searches Conducted: SSN Search Police OK Online County Criminal Federal Criminal Sex Offender Nationwide Database Reported Results: Valid SSN Search:

SSN Valid. Issued in CA in Year 1968 – 1972.

Police:

No Records Found

Case: Felony. 09/25/1984 Offense: Rape by Force Plea: Guilty

OK Online County Criminal:

Federal Criminal: Nationwide Database:

No Record Found

NOT REPORTABLE no identifiers NV: NOT REPORTABLE

Sex Offender:

© 2016 AmericanChecked Inc.

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International Screening

NIGAMaster Certification Series

© 2016 AmericanChecked Inc.

© 2016 AmericanChecked Inc.

Screening Issues are Global • May 2018: UK’s General Data Protection Regulation will be effective and enforceable. This regulation imposes strict requirements for the handling of personal data for all businesses in the UK and outlines the penalties for non-compliance and how the rules will be applied. • November 2017: Australia shares US anti-discrimination laws relating to hiring. For example, employers cannot conduct a criminal records search while a person is employed without express consent of the employee or use a person’s criminal record to deny employment, unless they can prove it is directly job-related.

• October 2017: The GDPR issued guidelines for employers and businesses that address profiling and automated decision-making.

• June 2017: Jamaica joins other countries in the fight to put ex-offenders back to work. Qualified individuals who have committed minor crimes now have the right to have their records expunged according to the Criminal Record (Rehabilitation of Offenders) Act.

• May 2017: Israel reconsiders the current storage of criminal records, acknowledging that the current records in Hebrew only are not applicable to International Screening

• February 2017: APAC releases survey results indicating 1 in 5 APAC job applicants submitted false information on job applications.

© 2016 AmericanChecked Inc.

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International Screening is Growing

• Recent Industry M & A activity. • More companies are becoming global or have global workforces. • Increased employer focus on Criminal Searches, Verification of Employment and/or Education outside the U.S. • Increased employer focus on searches in addition to International Criminal (i.e. Credit, Civil, ID Verifications, etc.). • The overall rise in types of international screening services available. • According to recent data from the Bureau of Labor Statistics, 15.9% of the total U.S. workforce were foreign-born.

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International Screening is Growing • Risks associated with not screening are too high. • Heightened awareness of global

security risks since 9/11. • Costs are coming down. – Competitive Marketplace – Recognized Means of Economic Development • Myths are becoming less relevant.

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International Screening FAQ & Myths

MYTH # 1 • International Screening is too difficult and complicated.

• The basic concepts we apply in the U.S. for acquiring information such as Criminal, Credit, Education and Employment apply Internationally. • While there are over 200 countries and territories, only 20 countries are frequently ordered. • Requirements and Descriptions for searches from various countries are readily available. • More and more standardized information and resources are available.

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International screening faq & myths

International Screening FAQ & Myths

• All countries maintain some form of criminal records. • Countries continue to improve record-keeping. • Information is obtainable by utilizing the appropriate resource for a particular country. • The number of professional researchers is growing rapidly, competition is driving quality. Accuracy is paramount. • Country-specific customs and social norms will determine the types and comprehensiveness of information that can be obtained. 85

MYTH # 2 • International Screening is unreliable .

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International Screening FAQ & Myths

• An increased trend to automate International records management in various countries continues to drive down costs. • There has been an increase in the number of local researchers worldwide resulting in lower fees and overall costs. • Recognized as a means of economic development, as demand increases, economies of scale tend to reduce costs.

MYTH # 3 • International Screening is too expensive .

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International Screening FAQ & Myths

• Turn Around Time for criminal searches currently averages 6 - 7 days for the 20 most commonly requested countries. Credit and MVR up to 10 days. • Automation allows for 24/7 data collection worldwide in partnership with many global researcher networks. • Processes to accommodate individual country information retrieval requirements has been streamlined. Information and pricing is readily available. • Many countries have converted from paper records to electronic systems making access faster and easier.

MYTH # 4 • International Screening takes too long .

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International Screening FAQ & Myths

MYTH # 5 • “I Never Get a ‘Hit’”! Records always come back clear.

• Historically, the hit rate for International Searches is extremely low versus domestic: 1% v. 10%. • In many instances, a person cannot leave their country for the U.S. if they have a criminal record, thus resulting in lower hit rates. • “Hits” vary dramatically by country: in some countries criminal records can be “Spent” (i.e., Australia). • “Hits” can be more prevalent in some countries (i.e., Philippines and Canada vs. India).

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International Screening Versus US • Time • Cost • Scope – Local versus National • Culture – Some countries slow to embrace screening as a valid business process (i.e., Chile). – Some countries suspicious of the process (i.e., Germany). – Some countries have very strict data protection laws (i.e., Japan). • Compliance – Must comply with country’s law. • No recognition of Sovereignty, FCRA, State or Federal Laws.

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International Screening Products

Selecting A Provider • NAPBS Member • Accredited • Price and Turnaround • Reports are in English • Beware of Online Resources • Beware of Instant Records

Available Searches

Criminal

Civil Litigation

Credit

Education

Professional License

Employment

References

Bankruptcy

Sanctions Media Financial Regulatory Driving Abstracts

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Criminal Records

• Available in 200 Countries, 20 are most common. • Include repository searches and direct searches of law enforcement agencies, government offices and courts. • Professional searches are conducted legally. • TAT averages 6-7 days, but can take up to 10.

General Requirements • First Name and Last Name • Date of Birth • Full Address while in Country Additional Requirements • Mother’s Maiden Name (Mexico) • Father Full Name (India) • Social Insurance Number (Canada) • Place of Birth (Japan), Name in Kanji • Any Government Issued ID • Country-Specific Authorization Forms (UK, PHIL, CHINA, AUST)

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Other searches

• Civil Search: Available in 150 countries. • Motor Vehicle / Driving Abstracts: Available in 50 countries. All countries require clear copy of front and back of license. Many also require additional authorization. • ID Check: Available in 200 countries. Includes Identifications, Voter Registration and Passport Validation Searches. • Credit: Available in 160 countries. – Sometimes requires multiple searches from several sources.

Verification / References • TAT: 3-10 Days. • Education: Usually have additional fees. • Professional License • References Media • NOT Google, or Social Media • Local Language Searches which include: – News Agency Information containing negative press,

derogatory information, political affiliation, business associations, etc.

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Top 20 Countries Criminal Records

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Top 20 Countries Criminal Records

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How to Validate Canadian SIN • Multiply the SIN by: 121 212 121

(if you get a 2 digit #, add the digits). • Add total digits together. • Must be divisible by 10. • First digit indicates Province of registration.

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How to Validate Canadian SIN

• Multiply the SIN by: • 121 212 121 (if you get a 2 digit #, add the digits). • Add total digits together. • Must be divisible by 10. • First digit indicates Province of registration.

Test: 130 692 544 121 212 121

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Test: 130 692 544 121 212 121 160 394 584 How to Validate Canadian SIN 1+6+0+3+9+4+5+8+4 = 40 VALID

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© 2016 AmericanChecked Inc.

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Thank You

Julie Hakman 918-688-3709 julieh@americanchecked.com www.americanchecked.com

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Resources

NIGC Background Requirements – http://www.nigc.gov/Portals/0/NIGC%20Uploads/lawsregulations/co mmissionregulations/regs/25CFRPart556.pdf National Association of Professional Background Screeners – www.napbs.com FCRA Statute – www.ftc.gov/os/statutes/031224fcra.pdf The Criminal Record Handbook – http://www.brbpublications.com/books/details.aspx?ProductID=422 Background Checks, What Employers Need To Know – http://business.ftc.gov/documents/0487-background-checks-what- employers-need-know Association of Certified Fraud Examiners, Annual “Report to the Nations” – www.acfe.com

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ROLES & RESPONSIBILITY GAMING COMMISSIONER

NIGA Master Class: Licensing & Investigation Presented By: Danielle Brashear

Introduction

§ Lesson 1: Lawful Requirements § What laws require the licensure of casino employees § Definition of Key and PMO employees § Application criteria § Lesson 2: Investigative Procedures § Purpose of the license § Important background information § Reasons for investigations § Lesson 3: Determinations

§ How to determine eligibility § Mitigating circumstances § Licensing denials

LESSON 1: LAWFUL REQUIREMENTS

The laws and regulations governing the licensing requirements

Governing Authorities

§ Indian Gaming Regulatory Act (IGRA) 29 U.S.C. § 2701

§ NIGC Regulations 25 C.F.R. Sections 556 and 558

§ Tribal/State Gaming Compacts

§ Tribal Gaming Ordinance

§ Tribal Gaming Regulatory Authority (TGRA) Rules and Regulations

IGRA: Tribal Gaming Ordinance

• Background investigations are conducted on the primary management officials and key employees of the gaming enterprise and that oversight of such officials and their management is conducted on an ongoing basis; and § Tribal licenses for primary management officials and key employees of the gaming enterprise be issued with prompt notification to the Commission [NIGC] of the issuance of such licenses; § Standards whereby any person whose prior activities, criminal record, if any, or reputation, habits and associations pose a threat to the public interest or to the effective regulation of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming shall not be eligible for employment; and § Notification by the Indian tribe to the Commission [NIGC] of the results of such background check before the issuance of any of such licenses.

Key Employee – 25 C.F.R. § 502.14

Key Employee means (a) A person who performs one or more of the following functions: (1) Bingo caller; (2) Counting room supervisor; (3) Chief of security; (4) Custodian of gaming supplies or cash; (5) Floor manager; (6) Pit boss; (7) Dealer; (8) Croupier;

(9) Approver of credit; or (10) Custodian of gambling devices including persons with access to cash and accounting records within such devices; (b) If not otherwise included, any other person whose total cash compensation is in excess of $50,000 per year; or, (c) If not otherwise included, the four most highly compensated persons in the gaming operation. (d) Any other person designated by the tribe as a key employee.

Primary Management Official – 25 C.F.R. § 502.19

Primary management official means: (a) The person having management responsibility for a management contract; (b) Any person who has authority: (1) To hire and fire employees; or (2) To set up working policy for the gaming operation; or (c) The chief financial officer or other person who has financial management responsibility. (d) Any other person designated by the tribe as a primary management official.

License Application – 25 C.F.R § 556.4

( 1) Full name, other names used (oral or written), social security number(s), birth date, place of birth, citizenship, gender, all languages (spoken or written); (2) Currently and for the previous five years: Business and employment positions held, ownership interests in those businesses, business and residence addresses, and driver's license numbers; (3) The names and current addresses of at least three personal references, including one personal reference who was acquainted with the applicant during each period of residence listed under paragraph (a)(2) of this section; (4) Current business and residence telephone numbers; (5) A description of any existing and previous business relationships with Indian tribes, including ownership interests in those businesses; (6) A description of any existing and previous business relationships with the gaming industry generally, including ownership interests in those businesses; (7) The name and address of any licensing or regulatory agency with which the person has filed an application for a license or permit related to gaming, whether or not such license or permit was granted;

License Application – 25 C.F.R § 556.4

(8) For each felony for which there is an ongoing prosecution or a conviction, the charge, the name and address of the court involved, and the date and disposition if any; (9) For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding minor traffic violations) within 10 years of the date of the application, the name and address of the court involved and the date and disposition; (10) For each criminal charge (excluding minor traffic charges) whether or not there is a conviction, if such criminal charge is within 10 years of the date of the application and is not otherwise listed pursuant to paragraph (a)(8) or (a)(9) of this section, the criminal charge, the name and address of the court involved and the date and disposition; (11) The name and address of any licensing or regulatory agency with which the person has filed an application for an occupational license or permit, whether or not such license or permit was granted; (12) A photograph; (13) Any other information a tribe deems relevant ; and (14) Fingerprints consistent with procedures adopted by a tribe according to §522.2(h) of this chapter.

TGRA Rules and Regulations

§ Create a comprehensive set of Rules and Regulations that address all requirements and processes for licensure under the various laws and Gaming Compact. § That outlines an Applicant’s eligibility to apply for and be issued a gaming license in your jurisdiction. § That provides you with the authority to define the types of licenses your agency shall issue. § That provides you the authority to condition, deny, suspend, and revoke licenses. § That outlines the terms and conditions Licensees must meet to maintain a gaming license in your jurisdiction. § That provides you the authority to consider mitigating circumstances when licensing individuals. § That provides Licensees with due process of law when conditioning, denying, and revoking licenses.

LESSON 2: INVESTIGATIVE PROCEDURES

Reviewing Background Investigations

Purpose of Gaming Licenses

§ Ensures that individuals who may pose a threat to the assets of your tribe are not employed within your gaming operations. § Ensures that individuals who may pose a threat to the public or conduct illegal activities within the gaming operations are not employed. § Licensing is the first line of defense in protecting the assets and the integrity of your gaming operations. § The Gaming License provides your jurisdiction over the licensee, allows you to enforce compliance with internal controls and applicable laws. § It is important that you have the authority to license all persons who work within your gaming operations, that have access to the public, and secure areas of your gaming facility.

Personal Information

§ Personal identifiers (i.e., Name, SSN, DOB, etc.) consistent with documentation: § Is the Applicant’s name and place of birth accurate; § Are they legal residents of the U.S.; § Are there fraudulent reports on their SSN, when and where was it issued. § What are the Applicant’s aliases. § Where has the Applicant resided over the past 10 years. § What is the Applicant’s marital status. § Are there any family ties with respect to the casino or its business relationships.

Professional History

§ What is the Applicant’s employment history and what are the identities of their prior employers. § What are their reasons for separation from past employers. § Is the information disclosed accurate regarding the past employers. § Is there any relevant information omitted from their resume or social profile. § Were there any controversies at a prior employer which could explain a misrepresentation. § Did they accurately disclose their education history.

Business Interests

§ Is the Applicant connected with any domestic or foreign-based corporations. § Is the Applicant connected with any nonprofit organizations, charitable foundations, or political action committees. § Is the Applicant connected to any gaming related corporations or business. § Is the Applicant connected to any businesses that hold a vendor license in your jurisdiction. § Is the Applicant connected to any tribally owned or operated businesses. § Has the Applicant ever been a significant shareholder in a publicly-traded company. § Has the Applicant ever served as an officer or board member for any corporation or LLC. § Have any of these affiliated entities been the subject of prior controversy, bankruptcy, litigations, or sanctions.

Regulatory Issues

§ Has the Applicant (or their business affiliates) ever had a gaming license revoked, suspended, conditioned, or denied. § Has the Applicant (or their business affiliates) ever been involved in any tribal, state or federal regulatory complaints. § Does the Applicant hold any professional business licenses or professional designations. § Has there ever been any complaints or disciplinary actions taken against the Applicant. § Has the Applicant ever been sanctioned by a tribal, state, or federal regulatory agency.

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