October 2017 PAID PERMIT NO

PRSRT STD Volume 17 Number 10 U.S. POSTAGE October 2017 PAID PERMIT NO. 164 MORTONGROVE, IL

Many islands clerks’ offices are now functioning

Criminality Searches commonly check media/ newspaper mentions and government sanctions lists. They are sold as a replacement for a criminal record search.

A media search is not a criminal record search.

A government sanctions list database search is not a criminal record search.

Do your own criminality search for free

FREE media search www.google.com San Juan, Puerto Rico Courthouse FREE sanctions list The number of criminal files search waiting to be https:// LOWEST PRICES sanctionssearch.ofac.treas.gov entered into the IN THE USA CPIC database PUERTO RICO—$4.99 now stands LONDON—$19.99 at 442,325 MONTREAL $7.99

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Straightline International LOS ANGELES COUNTY SEARCHES $1.99 Criminal Record Search Canada's National the agency’s level of pro- boost in funding during gress as “unsatisfactory.” that period, from $1.7 mil- Database Of lion to $2.8 million, to ad- Criminal Records In 2015, Tom Stamatakis, dress the backlog. national president of the Will Take Years Canadian Police Associa- This week, the National To Complete tion, told Global News that Post asked the RCMP for public safety could be at an update and was told by

risk. He used the example spokesman Sgt. Harold The RCMP says it will of a parolee who has a run- Pfleiderer that the backlog now need until 2020 to fin- in with the law peaked in the fall of 2016 ish uploading nearly half-a- and that the number of million backlogged files to “If that person has contact criminal files waiting to be a nationwide criminal- with the police and the po- entered into the CPIC data- record database, despite lice check the database to base now stands at previously saying the job find out the person’s status 442,325. would be done next year. but the information isn’t

there, you could potentially Historically, the system Criminal justice experts release someone who relied on paper-based files, say they are troubled by should be arrested for Pfleiderer said. But the how much time it has taken added. standing committee on jus- breaching parole condi- force has been working the RCMP, which manages tice and human rights in tions.” with other police agencies the database, to eliminate The number of criminal April. to develop a fully automat- the backlog for a database files waiting to be entered That same year, an RCMP ed and digitized system that that is relied upon not only into the CPIC database now Because of the gaps in the spokesman told the CBC will allow criminal record by police officers, who use stands at 442,325 database, Woodburn, who that the backlog of files information to be uploaded it to check suspects’ back- is based in Halifax, said it’s would be cleared by 2018. in “near real-time.” This grounds, but also by em- Woodburn said he worries not uncommon for he and system should be complet- ployers and volunteer or- that the lack of a reliable his fellow prosecutors to We can have an up-to-date ed by the end of the year, ganizations who use it to nationwide database could have to call up other juris- picture of each individual he said. vet job applicants and the result in criminals being dictions to verify whether coming through the court courts who use it to make treated like first-time of- someone has a record in system Further, “a plan has been bail and sentencing deci- fenders by the justice sys- those places or not. put in place to prioritize the sions. tem when, in reality, they But internal agency rec- elimination of the backlog have committed crimes in Pfleiderer said if police ords obtained earlier this holdings,” he wrote in an “Prosecutors would like to other parts of the country. agencies or Crown attor- year by Alberta blogger email. “Priority files that see this get resolved across neys need criminal records Dennis Young through an contain either sex, weap- the country … so we can “Our criminals are very updated for court purposes, access-to-information re- ons, or violent convictions have an up-to-date picture transient now. It used to be the RCMP can expedite quest revealed that as of are targeted to be fully up- of each individual coming that they liked to stick to those requests. August 2016, there were dated by early 2018. The through the court system,” their hometown. They are still 570,639 criminal files remainder of the backlog is said Rick Woodburn, presi- travelling across the coun- that hadn’t been uploaded projected to be eliminated Contact: dent of the Canadian Asso- try, they know they’re mo- to the database, which con- by 2020, keeping in mind Steven Brownstein ciation of Crown Counsel. bile, and they’re commit- tains more than 4.4 million that these timelines may Box 10001 ting various crimes in vari- individual files. vary depending on other Saipan, MP 96950 Over the last decade, Can- ous areas. The problem is RCMP and government ada’s auditor general has that CPIC is not picking The records showed that priorities.” repeatedly taken the RCMP that up,” Woodburn told from 2013 through 2015, to task for how much time the House of Commons there were 388,122 new Currently, the force has 69 it has taken to enter finger- criminal convictions, but analysts working to elimi- print and criminal history NO DELAYS only 58 per cent of files nate the backlog and a records into the Canadian Not a Police related to those convictions budget of $3.9 million, he Police Information Centre were entered into the CPIC Data Base Search (CPIC) database, and rated database — this despite a Canada Provincial Courts Criminal Research Call 1-866-909-6678 Or Fax 1-866-909-6679 Straightline International Shortest distance between you and the courts Meet Steven Brownstein

PUBLISHER Steven Brownstein

CONTRIBUTORS: Les Rosen, Dennis Brownstein, Phyllis Nadel

COVER PHOTOGRAPH: San Juan, Puerto Rico

COVER PHOTOGRAPHER: Steven Brownstein

PURPOSE: “Dedicated to pre-employment screenings everywhere”

The Background Investigator is published by Steven Brownstein, LLC, PMB 1007, Box 10001, Saipan, MP 96950. Phone: 670-256-7000. Copyright 2017 by Steven Brownstein. Some material in this publication must not be repro- duced by any method without the written permission of the copyright holder.

SUBSCRIPTIONS: Toll free USA 1-866-909-6678

How Common Is a clean police record for cided that, as the law was sage from my USA office That information included their employees. non-retroactive, and be- that there was record in the Case Number , Filing Workplace cause the amendments state Phuket that our client need- Date, Name on Record, Crime? It noted that the process is that foreign teachers should ed I went over to the Phu- DOB on record, Correct also beneficial for persons submit a police criminal ket City District Court. Charge, Disposition Date,

interested in migrating or record certificate when they and the disposition Workplace crime is more working overseas. initially apply for approval Entering the court and ap- (sentencing). common than you think. for employment, teachers proaching the clerk’s desk Common workplace crimi- Under the Criminal Rec- employed prior to the in the waiting area I was All done within a few nal activity includes things ords Act, certain minor of- amendments do not need to told the record didn’t exist days of the client’s request, like property theft, fraud, fences such as simple lar- return to their country of and completed to their sat- and sexual harassment. If ceny, malicious destruction origin to process the certifi- I knew that wasn’t true, so isfaction. you are lucky enough to of property, possession or cate. I gave the clerk the approx- have not been exposed to dealing in ganja, bribery imate date (year) of the of- Steven Brownstein’s expe- workplace crime, consider and forging of documents, fense and was told that his rience is evidence that in- the following statistics: The Background among others can be computer database didn’t ternational court record in-

cleared from a person's rec- Investigator Goes go back that far (ten years) formation is available is According to the S. De- ord after a specified period but I should check the ar- you go there partment of Justice, about To Thailand of rehabilitation. chive section. 650,000 people are released Because we take criminal from prison annually. Steven Brownstein, Editor An amendment to the Act I was shown to the archive records at Straightline In- According to the S. Depart- of The Background Investi- in 2014 reduced the reha- record section of the court; ternational we’ll go the ex- ment of Labor, there are gator recently went to Phu- bilitation period from be- gave the clerk in the ar- tra mile some 2 million reports of ket, Thailand to obtain a tween five and 20 years, chive section the case in- workplace violence in the record that Straightline In- from the date of the termi- formation that I had, and a Download U.S. each year. terational’s client needed. nation of imprisonment or moment or two later the The Background Investiga-

the payment of a fine, to clerk had access to the case tor Employee theft is on the The client had used a dif- between three and 10 years and provided to me the in- Current Edition rise. At least 35% of thefts ferent vendor who ran what (and archive, too!) based on the seriousness of formation that I needed, are by people at the mana- is called a Criminality www.thebackgroundinvestigator.com the offence and the sen- gerial level, and the aver- search (see article on front tence imposed. age amount of money being page why not to use them) stolen is reportedly about before remembering that $175,000. Taiwan Toughens Straightline actually goes to the jurisdictions and Background doesn’t rely on media Jamaican Check searches. Expungements Requirements The client called Straight- Increase line International who On July 27, Huang Yueh- promptly contacted Steven Since the start of the year, li, director of the Ministry Brownstein, a total of 570 criminal rec- of Education’s Department ords have been expunged, of Lifelong Education, an- Here is his story: 245 of which were done nounced a number of during the April to June measures after the Supple- After receiving the mes- 2017 period, according to mentary Education Act was the Ministry of Justice. amended.

The ministry said the ex- These include requiring pungement process, done all cram school teachers under the Criminal Records and staff to submit a police (Rehabilitation of Offend- criminal record certificate, ers) Act 1988, has seen a known in Taiwan as a steady flow of applications liangmin certificate, to pro- from persons looking to tect cram school students. have their criminal records Employees from overseas cleared.. also need to provide documents attesting to the fact The process is also said to that they have no criminal help individuals, who com- record in their country of mitted minor offences and origin. have sincerely and success- fully attempted to abide by Many cram school opera- the law, to reintegrate into tors have expressed con- society. cerns that asking teachers from overseas already in The ministry said that Taiwan to then return to having convictions re- their countries of origin in moved from one's records order to apply for the police can increase that individu- criminal record certificate al's earning capacity, as would be expensive for the employment in certain in- teachers. According to dustries such as education, Huang, however, following tourism, security and trans- discussions with the agen- portation, require a copy of cies concerned, it was de- “New Texas Court Access System Raises Old Information Demons by Kelsey Jukam

The checkerboard of public access in Texas courts was the focus of a conference on freedom of information.

In the face of political headwinds from elected court clerks, who see a goldmine in the records, the Texas Supreme Court clerk is now moving to unify public access throughout the Texas courts. A key part of the campaign is the engagement by the high court’s Office of Court Ad- ministration of a Plano- based tech company to develop a statewide online database called “re:SearchTX.”

Earlier this year, a core of clerks joined by a few Tex- as legislators tried to push a bill through the Texas Leg- islature that would have preserved the current bal- kanized system. But the bill died in the state Senate after opposition from the high court, the press and others.

The Freedom of Infor- mation Foundation Texas analyzed the underlying conflicts in a conference called’ “Transparency = Real News” held Thursday in Austin.

Texas Supreme Court Clerk Blake Hawthorne said he believed that state court clerks, lawmakers and the court have the same goal but there remain “some differences in how to get there.”

He said the court’s information technology committee has discussed keeping certain cases – like divorce or adoption cases – offline, which should address some privacy concerns.

Continues next page “New Texas Court year, U.S. District Judge a really bad day if you’re from paper filing to e- tronic form, it mirrors the Edgardo Ramos in the involved in a lawsuit or a filing.” wooden or plastic press bin Access System, Southern District of New criminal action. From a into which paper com- cont. York enjoined the state clerk’s perspective, these “Dallas County used to plaints used to be dropped court clerk in Manhattan are our neighbors, so priva- have fantastic access when for press inspection as soon “I think it’s important for from withholding the new cy – it’s one thing for court the documents were paper- as they crossed the counter. people’s confidence in the electronic filings while he records to be public, it’s filed,” Venza added. Journalists are given a login court system that they are processed them. another thing for them to “Delays since e-filing can to access the electronic in- able to see our work, just be available world- be one to four days.” box and can view read only they’re able to see what “These cases I’m referring wide.” files before any processing both sides argue,” Haw- to rejected that the pro- The federal courts, includ- takes place, she told the thorne said. cessing alone is a signifi- Seated on the panel with ing all four federal courts in conference, noting that 22 cant enough interest to the bureau chief and the Texas, have set up “auto- out of 24 New York coun- In question and answer override the First Amend- clerk was the legislator who access” systems that pro- ties that accept e-filed doc- period, attorney Paul Wat- ment interest in access,” had carried a bill to wrest vide reporters and the pub- uments have set up inboxes ler of Jackson Walker ad- Watler told the panel. Not- control of court filings lic access upon receipt. As that allow for access upon dressed Texas clerks who, ing the clerks’ stated con- away from the high court, soon as a filing crosses the receipt. in the transition to a new cerns with “privacy,” he State Rep. Travis Clardy, R electronic threshold into the technology, have cloaked added, “There’s also the -Nacogdoches. court, it becomes public. The prompt access allows their documents in obscuri- issue of access, of public reporters to stay on top of ty and delay. access to information, and “We want transparency, Responsibility for keeping the news as it happens and that right of access attaches we want the openness of personal identifiers out of to recognize trends affect- There are federal court rul- immediately. How has that the records but the liability court documents falls ing the state as a whole. A ings from both Texas and been weighed in the district – that’s a real concern,” squarely and entirely on the uniform system for access- California that recognize a clerks’ considerations.” Clardy said. He was also filing lawyers, as it does in ing court records would First Amendment right of concerned with “judicial the vast majority of state make it easy for reporters access in the public and the Sharena Gilliland, district voyeurism,” a concept he court systems. Documents to quickly look at newswor- press to complaints to peti- clerk for Parker County, a did not explain. under seal are generally thy documents, and could tions filed that attaches im- suburb of Dallas, answered, filed in paper form. help cut down on the mediately at the time that “And you’re absolutely “Frankly,” said Clardy, “I spread of “fake news,” it’s accepted not after it’s right, as soon as we get have no desire through this An increasing number of Venza said, as false rumors been processed,” Watler something filed then you’re process to assist the up-and state courts are joining with and hearsay could be more said. absolutely entitled to copy, -coming TMZs of the me- the federal courts in stick- effectively fact-checked to view it, to take the copy dia world.” ing to the traditional system and discredited. Watler represented Court- with you without a delay in of access upon receipt, as house News in a 2009 chal- processing. If you come During the legislative ses- they switch over to e-filing. lenge to Houston clerk Lor- into the office you can get sion in the spring, Clardy They include courts in Ala- en Jackson who, fresh off the record immediately.” introduced House Bill bama, Arkansas, Connecti- Saipan Searches an election win, kicked the 1258, which would have cut, Georgia, Mississippi, From $15* press out from behind the *CNMI Traffic Also on the panel, Madi- allowed counties to “opt in” New York, Nevada and Clearance Certificate counter and made reporters son Venza, the southern to the re:SearchTX system Utah. Straightline Int’l wait up to three days while bureau chief for Court- with the authorization of +18669096678 his staff processed new cas- house News, said it does the county or district clerk Bureau chief Venza point- es. The Democratic candi- not work that way. and approval of the county ed to the frequent use of date had campaigned on the commissioner’s court. The something known as an slogan, “Get online not in “Even when reporters bill died in the Texas Sen- electronic inbox. In elec- line.” physically visit courthouses ate. to obtain records they fre- U.S. District Judge quently encounter delays,” “It seems to me if we rush Melinda Harmon in the said the bureau chief. to make this transparent we Southern District of Texas “Every day I send a report- run the risk of demeaning granted an injunction er down the street to the or degrading the value of against Jackson, ordering Travis County state court to the court system,” Clardy him to give news reporters report on new records filed said. access to the new actions that day. These records are on the day they are filed, not online but viewable at But with the advent of e- with exceptions in some the courthouse. His access filing, said Venza, many categories such as filings fluctuates each day due to Texas courts have retreated that need to be seen imme- processing delays. Some on public access. “All 254 diately by a judge. days he might see 70 per- counties have completely cent of things filed in a giv- separate systems as far as Last year, U.S. District en day and other days only how you can look at the Judge S. James Otero in the 30 percent. The access is documents,” the bureau Central District of Califor- not immediate in most chief told the panel. nia ruled along the same counties.” lines, enjoining the clerk in She pointed to Houston Ventura, California, from Gilliland lobbied for the and Tarrant County outside withholding the new cases clerks’ bill and has pushed Dallas as courts that contin- from the press while he hard on the issue of priva- ue provide access to all the processed them, a decision cy, relying on a Supreme cases filed during the day the clerk and the California Court rule that says person- on the day they are filed. Supreme Court’s rulemak- al identifiers should not be But 0utside those two ing body, the Judicial put online. “What we see in courts, “There has been a Council, have appealed. our courts, essentially it’s regression in press and pub- everyone’s worst day,” Gil- lic access to documents And in another ruling last liland said. “You’re having since courts transitioned Read This For one female victim and one male offender, found that A Marketing 1,686 females were mur- Strategy dered by males in the U.S. in 2015.

An investigation by “This is the exact scenar- KPNX 12 News-Phoenix io—the lone male attacker uncovered a history of em- and the vulnerable wom- bezzlement by the lab di- an—that is often used to rector for the Maricopa promote gun ownership County Medical Examin- among women,” write the er’s Office. authors, zooming in on

VPC’s main target: gun The story calls into ques- laws. For 2015, firearms, tion the director’s testimo- and especially handguns, ny in criminal trials, as law- were the weapon most yers can impeach witnesses commonly used by men to with convictions for crimes murder women. that that demonstrate dis- honesty. The report also notes the

findings of a 2003 study The director’s expert testi- from California which mony in numerous trials is showed that while two- potentially subject to rever- thirds of women who get a sal. handgun do so for for pro-

tection, “purchasing a Although the director be- handgun provides no pro- came the subject of a DPS tection against homicide criminal investigation, he among women and is asso- was still on the county pay- ciated with an increase in roll until KPNX 12 News- their risk for intimate part- Phoenix began an investi- ner homicide.” gation.

Editor’s note: According to the Gun Violence Ar- When Men chive, out of 46,597 inci- either their husband or inti- Knives and other cutting In 84 percent of all inci- dents of gun violence so far mate acquaintance during instruments accounted for dents where the circum- Murder Women this year, only 1,518 inci- the course of an argument. 20 percent of all female stances could be deter- dents were “defensive use” murders, bodily force 11 mined, homicides were not The latest analysis of state of a firearm– roughly equal Nationwide, for homicides percent, and murder by related to the commission -level homicide data shows to the number of accidental in which the weapon could blunt object six percent. of any other felony, such as a sharp increase in the rate shootings, which numbered be determined (1,522), rape or robbery. at which women were slain 1,511. more female homicides Of the homicides commit- by single men between were committed with fire- ted with firearms, 69 per- 2014 and 2015 despite an Here are highlights from arms (55 percent) than with cent were committed with overall 20-year decline, ac- VPC’s analysis of 2015 da- any other weapon. handguns. cording to an annual report ta on women slain by men: released by the Violence Policy Center (VPC) in For homicides in September. which the victim to offender relationship The 20th annual publica- could be identified, 93 tion of When Men Murder percent of female vic- Women analyzed the most tims (1,450 out of recent Supplementary 1,551) were murdered Homicide Report (SHR) by a male they knew. data submitted to the FBI, offering a breakdown of Fourteen times as cases in the ten states with many females were the highest rates of female murdered by a male homicides committed by they knew (1,450 vic- men in 2015. Alaska had tims) than were killed the highest femicide rate, by male strangers (101 followed by Louisiana, victims). Tennessee, South Carolina, Arkansas, Kansas, Ken- For victims who knew tucky, Texas, New Mexico, their offenders, 64 per- and Missouri. VPC notes cent (928) of female that data from Florida and homicide victims were Alabama are missing, and wives or intimate ac- data received from Illinois quaintances of their is incomplete. killers.

The study, which only ex- There were 266 wom- amined instances involving en shot and killed by version of the Twinkie de- long history of mental ill- health issues. In fact, the fense. ness, was killed by the po- defense in such cases is lice who responded to the typically that the consump- In 2011, Dr. Louis Chen scene. tion of a particular sub- was accused of murdering stance combined with the his partner Eric Cooper and Huberty’s widow and mental health issues to re- their two-year-old son. His children unsuccessfully sult in violent behavior. defense: cough-syrup in- sued his former employer duced psychosis. That is, and McDonald’s, claiming Thus, the substances in his attorneys argued that at that the MSG in its food, questions aren’t solely the time of the murders, which Huberty regularly blamed for the resulting Chen was suffering from ate, and several heavy met- crimes. In other words, no mental health issues such as als he was exposed to as a one is claiming that if you depression and paranoia, welder “combined to cause eat a Twinkie or take some which were exacerbated by the violent outburst.” cough medicine, you’ll his use of over-the-counter snap and murder anyone cough medicine. (Chen ulti- These kinds of claims may who happens to be near mately pleaded guilty.) seem like self-serving, des- you. perate attempts to avoid Also in 2011, James responsibility for horrible In reality, the Twinkie de- McVay broke into the acts of violence. But there fense is a form of dimin- Understanding induced frenzy that drove house of Maybelle Schein may be some validity to ished capacity defense. him to kill Moscone and and stabbed her to death. them. When a defendant argues The So-Called Milk—it was the press that He pleaded guilty but men- diminished capacity, she’s ‘Twinkie’ pushed that angle. Rather, tally ill to murder charges. For instance, many cough claiming that a mental con- the actual defense in the At sentencing, the defense medicines contains the in- dition, emotional distress or Defense case was that White suf- said that the night before gredient dextromethorphan other factor prevented her by Robin L. Barton fered from “diminished ca- the murder, McVay had (DXM). When taken in from fully understanding pacity” and acted “in the mixed alcohol with cough high doses, DXM can cause the nature of the crime she “The devil made me do heat of passion.” syrup, which caused him to mania and hallucinations, committed. it.” suffer hallucinations. In and result in assault, sui- The jury apparently addition, the defense cide and homicide, says The purpose of this argu- You might not be sur- bought this argument and claimed that McVay suf- one study. Because cough ment is not to exonerate the prised to hear a defendant convicted White of volun- fered from mental illness as syrup containing DXM is defendant but to negate the in a criminal case make that tary manslaughter instead well as alcohol and drug easy to get, it has become a element of intent and thus claim. But what about, of murder. abuse issues. popular recreational drug result in a conviction for a “Junk food made me do among teenagers. lesser crime, i.e., man- it?” Or cough medicine? Or Despite the truth, the term The jury imposed the slaughter instead of murder. caffeine? “Twinkie defense” has be- death penalty, but McVay Researchers found that come stuck in the public’s committed suicide in 2014. adolescents who drank In short, no one has ever Although not especially imagination and the me- more than five cans of non- really blamed bright yel- common, these kinds of dia’s vocabulary, essential- Similarly, Shane Tilley diet soft drinks per week low, cream-filled snack arguments are still made in ly being used as shorthand stabbed a friend to death were significantly more cakes for a murder. But de- criminal cases. In fact, for any defense in which while high on cough medi- likely to have carried a fendants have blamed other there’s even a name for the accused blames the con- cine. At trial, a doctor testi- weapon. substances, combined with such claims—the so-called sumption or use of some fied that he suffered from a underlying mental health “Twinkie defense.” substance for his or her ac- schizoaffective disorder. In addition, a study pub- issues, for their violent actions. He was found not guilty by lished in Injury Prevention tions and as a plea for leni- The phrase “Twinkie de- reason of insanity and sent in 2012 found a “significant ency. fense” was coined by the Since 1978, variations of to a treatment facility. and strong association” be- media in 1978 in coverage the Twinkie defense contin- tween soda consumption As long as defendants of the trial of Dan White, ue to be made, expanding Modern versions of the and violence in Boston continue to make such ar- who was charged with mur- beyond junk food to in- Twinkie defense aren’t lim- teens. Specifically, the re- guments, it’s unlikely that der for the shooting deaths clude other substances. ited to cough medicine. searchers found that adoles- the term “Twinkie defense” of San Francisco Mayor cents who drank more than will disappear, despite the George Moscone and Su- For example, Matthew Kenneth Sands, a bus five cans of non-diet soft truth of its origins. If noth- pervisor Harvey Milk. Phelps, an aspiring pastor driver in Washington, drinks per week were sig- ing else, the persistent use However, the Twinkie de- in North Carolina, was re- claimed that consuming too nificantly more likely to of this term shows the pow- fense is really a myth. cently accused of stabbing much caffeine compelled have carried a weapon and er of the media and its in- his wife Lauren to death. him to sexually molest five to have been violent with fluence on the criminal jus- As explained in the San He says that he woke up to women. He argued that he peers, family members and tice system. Francisco Gate, the defense find her covered in blood suffered from a bi-polar dates. presented evidence that on the floor but couldn’t disorder and that too much White suffered from mental remember what happened caffeine caused a psychotic So is it so crazy to believe illness, including depres- that night. Although Phelps episode, driving him to act there may be similar con- When in doubt call sion. A psychiatrist testified believes that he attacked his out of character. He was nections between the use or that White’s excessive con- Straightline wife, he claims that the sentenced to five months’ consumption of other sub- 1-866-909-6678 sumption of junk food— cough medicine he took to prison. stances and violent crimes? including Twinkies— help him sleep caused him exacerbated his symptoms to black out. On Sept. 25, Monosodium glutamate It’s important to note that and was proof of his de- 2017, Phelps was indicted (MSG) was blamed for aside from asserting some pressed state. on first degree murder James Huberty’s 1984 ram- form of the Twinkie de- charges. page in a San Ysidro fense, there’s another com- But the defense never McDonald’s, which left 21 mon thread to these cases: claimed that eating snack Blaming cough medicine people dead and 15 wound- nearly all of the defendants cakes put White in a sugar- seems to be a fairly popular ed. Huberty, who had a had underlying mental New Restrictions because she was not author- years can delay the back- Other government agen- many of the opportunities ized to speak on the matter. ground check until they do, cies, for example, could try for non-citizens are in the On Hiring Of “We all heard the presenta- and instead rely on a differ- to find a workaround for sciences. Foreign Scientists tion and went, ‘What?'” ent ID card to conduct their hires that might be able to By Erin Mershon daily business. work temporarily without a The NIH alone hosts more The scientist called the PIV card. than 2,000 non-citizen sci- The Food and Drug Admin- change “devastating” for It isn’t clear why the FDA entists, and staffs an entire istration is implementing a the agency’s talent pool and made the change this year. At other agencies, includ- office to assist them with new hiring protocol that recruitment efforts and sug- The document cites a Jan. ing the NIH, for example, immigration and transition could make it significantly gested that many key staff- 13 Department of Health non-citizen new hires have issues. The FDA also em- harder for foreign scientists ers would not have been and Human Services inter- been able to go through a ploys more than 100 visit- to find jobs and research hired if the policy had been nal policy document that separate background check ing scientists and associ- opportunities at the agency, in place in the past. updates the agency’s proce- process to obtain a ates, according to a review according to interviews and dures for the ID cards. The “Restricted Local Access” of agency directories. CDC, newly obtained documents. In a statement, a spokes- FDA also referenced the card, rather than a PIV ID too, employs a handful. So woman for the FDA said Jan. 13 update from HHS. card. That allowed them to do agencies outside of The FDA recently began the agency was acting in But an HHS spokesman be hired even if they did HHS. The EPA has a visit- directing hiring managers according with guidance said the internal document not have access to govern- ing scientist program, as not to extend any employ- from the Department of did not include new poli- ment data systems. That does the USDA and other ment offers — including Homeland Security, which cies on a residency require- same process will continue, research agencies. HHS for fellowship and contrac- has authority over the ID ment. the NIH spokeswoman even offers a training video tor positions — to any indi- cards. “The agency is com- said. on its website entitled vidual who has not lived in mitted to accurately reflect The HHS spokesman said “Mentoring International the U.S. for at least three of the DHS policy and will any new background check Visiting scientists are hired Postdocs.” the five previous years, ac- continue to evaluate its im- and ID card policies were under a range of authorities cording to briefing materi- plementation plans, and government-wide and that vary between and even The scientific community als shared with STAT that make adjustments as appro- promulgated by the Office inside federal agencies, and in particular has empha- have been presented to priate,” the spokeswoman of Personnel Management. it isn’t clear how many of sized the importance of in- some agency employees. said. them rely on PIV cards or ternational collaboration. But it was unclear whether would be able to conduct More than 182 professional In the documents, the FDA The new hiring protocol the stricter residency re- most of their work with an societies castigated Presi- attributed the new hiring centers on applications for quirement referenced in the alternate ID card. dent Trump’s travel ban protocol to changes associ- an ID card, known as a Per- FDA document is a new earlier this year for the im- ated with the background sonal Identity Verification policy from OPM, which is The FDA document said pact it would have on in- checks that every govern- or PIV card, that is required in the process of updating the change will not impact dustry and academia. ment employee must under- for nearly every govern- federal background check non-citizen workers cur- go to obtain an ID card. ment employee. To get the guidelines, or only the rently employed at the “Scientific progress de- card, all employees must FDA’s new interpretation agency. pends on openness, trans- It’s unclear whether other undergo a relatively stand- of them, since individual parency, and the free flow agencies are implementing ard background check. agencies have discretion to The document also sug- of ideas and people, and similar measures. If it is go further than OPM rules gests the policy change had these principles have applied more broadly Because the government is in their departmental poli- been shared last month with helped the United States across the government, the now soliciting more infor- cies. executive officers from the attract and richly benefit policy could upend the re- mation as part of that back- agency’s main security, hu- from international scientific search community across ground check, it can’t com- The HHS spokesman also man resources, and opera- talent,” the groups wrote. federal agencies. The Agri- plete the investigation un- emphasized that any tions teams, its ethics of- “To remain the world lead- culture Department, the less an individual has lived change related to ID cards fice, the chief scientist and er in advancing scientific Centers for Disease Control in the U.S. for three of the and background checks was general counsel, as well as knowledge and innova- and Prevention, and the En- last five years, according to not a mandate about hiring the agency’s senior science tions, the U.S. science and vironmental Protection the FDA document. decisions. Those policies, council. technology enterprise must Agency, among others, also implemented across the continue to capitalize on host visiting scientists and “It is strongly suggested government, “[do] not dic- It’s difficult to determine the international and multi- scholars. A spokeswoman that hiring managers in- tate federal agency hiring exactly how many foreign- cultural environment within for the National Institutes quire of prospective hires authorities,” he said. born individuals work in which it operates.” of Health, which annually how long they have resided the U.S. government, but hosts thousands of non- in the U.S. prior to extend- citizen scientists from more ing an offer,” the document than 100 countries, said the reads. agency would continue using the protocol it had been That had not been the poli- using, without any stricter cy in the past, including at residency requirement. the FDA. The official government-wide policy on the At the FDA, the change — ID cards, from 2008, does expected to take effect Oct. separate non-citizens into 1 — has some staff at the two groups: those who have agency “dismayed,” and lived in the U.S. for at least “stunned,” two employees three years, and those who told STAT in separate in- have not. It does not men- terviews. tion a “three-out-of-five” criterion. “It affects a huge chunk of the scientific workforce,” The 2008 policy says agen- one scientist said, speaking cies looking to employ non- on condition of anonymity U.S. citizens who haven’t lived in the U.S. for three BRB Publications of steps BRB Publications is taking to set standards Launches Free for industry innovation. Online Portal For To access BRB Search, Searching Public please visit https:// Records www.brbpublications.com/ gen/brbsearch.aspx.

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Straightline International Offers Best Prices in Puerto Rico line International for the Low Price of $4.99 Puerto Rico Common- wealth-Wide criminal rec- Call 1-866-909-6678 to ord searches, otherwise place your order or online known as statewide search- access at es are offered by Straight- www.straightlineinternational.com/contact-us UK's Online From next year, users will themselves with the ser- can't see this ending well. It One thing is apparent - the be able to apply direct to vice: the completion rate is will be successful, howev- announcement is a clear Records System DBS for an online check. still just 38 per cent. er, in fulfilling its name – sign that Facebook contin- Being Ditched "As part of the online appli- with barring of many us- ues to need human review- cation you'll need to prove One problem is that the ers!" ers to monitor content, even your identity through identity providers, mainly as it tries to outsource some The Disclosure and Bar- GOV.UK Verify," it said. Experian at this point, fail of the work to software due ring Service, responsible to recognise anyone within part to its sheer size and for processing requests for However, the system has out a digital footprint the volume of stuff people criminal records checks, taken years to get off the (young adults, women Facebook To post has taken the gamble of ground, with its perfor- who've taken their hus- using the Government Dig- Monitor For mance dashboard suggest- bands names etc.). ital Service's online ID sys- ing lots of people are still Crimes And tem authentication portal. A Note From not able to authenticate An insider remarked: "I Murders Online Phyllis Nadel Facebook plans to hire another 3,000 people to review videos and other posts after getting criticized for not responding quickly enough to murders shown live on its service.

The hires over the next year will be on top of the 4,500 people Facebook already has to identify crime and other questionable content for removal.

CEO Mark Zuckerberg Hurricane System wrote that the company is “working to make these Has Walloped videos easier to report so Most Of The we can take the right action sooner — whether that’s Eastern Caribbean responding quickly when someone needs help or tak- It has been impossible not ing a post down.” to notice that this hurricane season has been one the worst ever seen.

News reports show videos of the destruction of these islands infrastructure.

How does that affect us in the pre-employment screen- ing industry?

Mainly, the island of Puer- to Rico has reopened its courts. Its clerks offices are functioning; therefore, you can accept and send your requests for criminal record background searches to us here at Straightline Interna- tional.

We hope this comes as good news, Meanwhile, I’ll keep you updated as or if circumstances change.