June 2010 / Issue 11
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Recessions of the past, much like the one today, foster an environment highly conducive to fraud schemes, and statistics from several surveys show that all types of white-collar crimes are up in the US. A recent study conducted by the Institute of Internal Auditors found that of respondents from organizations where fraud was detected since 2008, 43% reported that fraud increased from 1% to 10%, 28% indicated an increase from 11% to 20%, and 14% said fraud went up by more than 20%. Theft of company property and resources such as proprietary information was the fastest-growing fraud reported by respondents, followed by embezzlement, including expense account fraud and third-party or vendor fraud. Although individuals are the ones committing the fraud, it is the company that suffers the backlash, resulting in more than just monetary loss.

Fraud hurts company reputation, market share and share price, and it diverts attention away from the core business. This month's case from SI's files highlights an extreme occurrence of fraud...fortunately, SI reported it before our client extended financing.

A company in a briefcase...

As previewed in our last SI Insider, this month's case file tells the story of an "entrepreneur" who left a trail of unpaid debt, fines and criminal charges that spanned across Europe and the US. Despite his shady past and no experience in the oil industry, this individual approached our client for funding of a new oil trading venture in the US. In our background investigation, the SI research analyst found several recent articles reporting that analysts and business sources in Norway were concerned about our subject's VAS Petroleum (VASP) Company, the entity for which VAS Global Limited would serve as a holding company. One of the articles described "the VAS Petroleum affair" as "a sleazy story of multinational corruption almost too strange to believe" and called VASP "a company in a briefcase." Everything about the proposed terms of contract with a Russian energy group defied Norway's longstanding commercial practices in the oil industry. VAS Petroleum had no track record in the oil industry and no one in the business community had heard of the company. By any definition, VAS Petroleum is a shell - a U.S. Delaware-registered LLC with no stand-alone office, no Web site with contact information or even a company description. Internet reports indicated that VAS Petroleum is owned by another company, VAS Holdings, which also has no track record and no Web site: "A shell owning a shell." 
 
And a top banker in Norway said of our subject and his partners: "You need a credible cast and this bunch is just not very credible." Media sources also revealed that our subject had been linked to the arms trade, though officially he claimed to have made his millions importing whiskey. He purportedly worked as a "head" at Metric Resources in Spain in the late 1990s, which, according to the Spanish press, is owned by a Russian company with ties to organized crime. But the begrimed trail does not end there. Record searches in Norway, the United Kingdom and in several jurisdictions in the US disclosed numerous unpaid judgments, fines for environmental pollution and criminal convictions for driving under the influence and possession of a controlled substance.


Can a background investigations company determine through public records an applicant's or employee's legal status or if he/she is using a fake ID?

Most background investigations companies can run address traces to check what names and addresses are associated with the claimed Social Security number (based on credit headers and other third-party identification information for that SSN or address). These searches can indicate if the number is valid and its state of issuance, but they do not verify that the number was issued by the Social Security Administration (SSA) to the individual listed in the traces. An employer can contact SSA's Social Security Number Verification Service (SSNVS) to check its record with the information that the SSA has on file for the purpose of preparing a W-2 form,  which means the subject must be a current or former employee.  A current employee is defined as a person who has received and accepted a job offer. A third-party can be retained to perform the SSNVS checks; however, that third party must be contracted to perform wage reporting functions only. The SSNVS cannot be used for non-wage reporting purposes, such as identity, credit checks, mortgage applications, etc.
July case study preview:

Next month, we will bring you a story about a CEO and his companies which, among many frauds and other misdeeds, defaulted on payments of millions of dollars and are the defendants in pending government actions to recover pension liabilities of $100,000,000.

 
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