April 2010 / Issue 10
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April SI Insider: Investigations in a global marketplace

In today's turbulent global business market, background investigations take on an ever greater importance. It's been almost nine years since the USA Patriot Act was signed into law and many companies now use the Act's regulations as a springboard to enhance their own risk management process. While an overseas partner or contractor can feel like a distant risk, disreputable business practices often come home to roost, costing companies both money and reputation. This month's case study highlights the value of including international elements in an investigation. Also, see below for a summary of Oregon's new state legislation-effective immediately-regarding the use of credit history in employment decisions.
Corporate Cultures of Deception: media reports and litigation reveal the inner culture of a company's approach to business

Before taking on a subcontractor based overseas, one of SI's accounting firm clients requested a standard investigation. While not all the search elements available in the US are open to the public in other countries, the investigation uncovered one of the most outlandish examples of corporate misbehavior we've seen to date. International media searches revealed that this technology firm's corporate culture encouraged deceptive behavior at every level of operations. News stories reported that the company was under investigation for allegedly importing software from the US between 2007 and 2009 without declaring the complete value of the imports. Further, in 2009 the company was barred from receiving contracts by World Bank for offering to sell IPO stock to family and friends of World Bank executives. But disreputable practices not only occurred at the top levels. Articles from 2007 reported that a human resources manager was implicated in a complaint filed by the wife of an engineer employed by the company who charged that the entity gave her husband a "dating allowance." The claimant alleged that the company "promoted illicit relationships" by giving her husband an allowance that helped him maintain illicit relationships. A company spokesman denied the allegations, but the court subsequently subpoenaed two more human resources employees who affirmed the claims. Taken together, these pieces of information were enough to paint the whole picture of the company's culture of deception.
 
Oregon limits use of credit information in employment decisions:

On March 29, the State of Oregon adopted legislation (SB 1045) that limits employers' use of credit history when making employment decisions. SB 1045 states that, except where  employees are public safety officers and employers are certain financial institutions or public safety offices, "it is an unlawful employment practice for an employer to obtain or use for employment purposes information contained in the credit history of an applicant or an employee, or to refuse to hire, discharge, demote, suspend, retaliate or otherwise discriminate against an applicant or employee with regard to promotion, compensation or the terms, conditions or privileges of employment based on information in the credit history of the applicant or employee."  This legislation was proposed to be effective July 1, 2010; however, Governor Ted Kulongoski declared it effective immediately. For more information on exceptions and to read the bill in its entirety, see
http://www.leg.state.or.us/10ss1/measpdf/sb1000.dir/sb1045.en.pdf
May case study preview:

In May, SI will bring you the story of an "entrepreneur" who left a trail of unpaid debt, fines and criminal charges that spanned across Europe and the US.

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