Background screening, does it work?

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the red-eyed frog

In 2005, in a case involving identity theft, a woman was imprisoned for first degree criminal impersonation. The accused first became known to the complainant through her own insurance policy. The complainant had noticed that her insurance rates were increasing but she was not receiving any citations. The complainant later found out through the Department of Licensing, that its records indicated she had been stopped by a state trooper in 2002, failed to appear for her court hearings and her driver’s license had been suspended; see State v. Presba (2005).

Many incidents like this one occur using public databases and often involve financial theft. As a result, background screening as related to citizens’ records is not accurate. In most cases, records found in public databases are incomplete or mixed records. It is a requirement that public databases post only what is allowable by law and post indication that information may be inaccurate. However, these warning signs on public database web pages are often ignored.

The complainant in the above case was advantageous enough to obtain video of the traffic related stop and recognized that the woman that appeared in the video was a former friend of hers. However, there is a time limit on video related to such cases. Video evidence, like paper evidence can be lost, tampered with or be inadmissible; when made too accessible.

Criminal impersonation has been re-classified as a felony; see State v. Gentry (1995). In this case, the accused was an accountant and also a former Mayor. The accused was hired by a homeowner’s association which expressly did not allow him access to their funds for personal use or for other investments. The court record states, ” the defendant obtained control over US currency in an amount exceeding $5000, this currency belonging to another, by color or aid of deception, and with the intent to deprive such other of this property.”


Understanding your rights


The Tex. Civ. Prac. & Rem. Code § 16.004(c) allots a four-year statute of limitations for debt collection related to broken written or unwritten contracts. The Tex. Bus & Com. Code §3.118(a) allots a six-year statute of limitations on promissory notes. If no demand for payment is made to the debtor, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of 10 years. Items for debt collection have to be valid and filed by a verifiable creditor. Payment to the alleged debtor also has to be proven by the creditor in their filing for debt collection.

State agencies like Department of Licensing are not considered creditors to citizens’ financial accounts. In traffic citation cases, as in most like cases, the citizen(s) pays bond fees, court costs, and fines related to those violations. A citizen’s signature on a traffic citation is not an admission of guilt. The only contract that exists is the bond and agreement to pay assessed fines which require the citizen’s signature(s). If there is attorney involvement, the citizen’s attorney has limited authority to apply his signature as witness to his client’s agreement. This limited authority can only be provided through a contract made by the citizen with his representing attorney.

In cases which involve arrest, it is important to understand that an arrest is not a conviction. Even if a person spends time in jail, a case against that person may be dismissed or granted appeal. Do not be fooled by arrest record databases, many of these databases do not have real mugshots in them. Often the person’s picture being utilized is used illegally for marketing value. They are taken from passport photos, company identification cards and other graphic sources.

Camera enforcement for traffic signals also uses a similar marketing strategy which applies any citizen’s license plate to a vehicle as record. Camera enforcement at traffic signals requires front and rear license plates and registration to be shown in the video.

On June 3, 2019, the Texas Governor signed HB 1631 which prohibits camera enforcement of this type. The text is found in Chapter 707 of the Transportation Code by added sections 707.020 and 707.021. The amended heading for the chapter reads as “Photographic Traffic Signal Enforcement System Prohibited.”

Tex.Code Crim. Proc. Ann. art 12.01 et seq.
Felonies in Texas under this statute that are directly a concern to businesses include:

Offenses related to theft by a fiduciary – 10 years
Theft by a public servant of government property – 10 years
Misapplication of fiduciary property – 7 years
Securing execution of a document by deception – 7 years
Money laundering – 7 years
Credit card or debit card abuse – 7 years
Fraudulent use or possession of identifying information – 7 years
Medicaid fraud – 7 years
Theft or robbery – 5 years
Kidnapping or burglary – 5 years
Injury to an elderly or disabled individual – 5 years
Insurance fraud – 5 years

Tex.Code Crim. Proc. Ann. art 12.02 et seq.
Misdemeanors in Texas under this statute states:

“(a) An indictment or information for any Class A or Class B misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward. (b) A complaint or information for any Class C misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.”

The remote oil and gas platform

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the remote oil and gas platform

When you think about remote technology, you don’t commonly think about the oil and gas platform. The oil and gas platform, commonly referred to as an offshore platform; is a large structure that is utilized for exploration, extraction, storage, and processing. Oil and gas platforms are found in many ocean waters; thus, have made a major impact in remote technology.

In 2016, the United States legitimized a five-year leasing plan which would allow oil and gas vendors to drill in its federal waters; allowing undiscovered, recoverable oil and gas resources to be recovered. Leasing sales would occur twice a year, per region. In 2017, the U.S. President, amended the five-year leasing plan to include federal waters in the Arctic and Atlantic regions; expanding the reach of the remote oil and gas platform.

Some of the most spectacular oil and gas platforms are found in the Gulf of Mexico region. For example, the USRA, a $1.45 billion oil-and-gas platform, lived 65 miles offshore; its total height from the seabed to its top was 4,285 feet. The Magnolia, reaching 4,698 feet, was considered the world’s deepest platform. In March 2018, Big Foot was introduced, replacing the Magnolia’s magnitude by 5,180 feet.

The expansion of offshore oil drilling by the federal government has created quite a stir among conservationists. For example, California recently passed Senate Bill 834 and Assembly Bill 1775 which prohibits the California State Lands Commission from approving any new leases, or any lease renewals, extensions or modifications of any lease in state waters that would result in an increase of oil or natsral gas production from federal waters. The amended pre-existing law had authorized the commission to let leases for the extraction of oil and gas from coastal tidelands or submerged lands in state waters and beds of navigable rivers and lakes within the state in accordance with specified provisions of law. New York state also proposed similar protections with Assembly Bill 9819 and Senate Bill 8017.

However, oil spills are an unavoidable part of offshore drilling. Each year, about 880,000 gallons of oil are sent to the ocean from North American offshore oil drilling platforms. Natural disasters like Hurricane Katrina also have caused destruction; which, in 2005, destroyed over 100 platforms and caused the release of 8 million gallons of oil into the ocean waters.

“In 2009, nearly a quarter, 23.6 percent of total U.S. employment in the oil and gas industry existed in Harris County, Texas;” states Bureau of Labor Statics. Therefore, the removal of the remote oil and gas platform in technology will be a hard battle for conservationists.

Medicinal cannabis in technology

On June 14, 2019, the Texas Governor signed House Bill 3703 into enactment. The house bill indicates “Low-THC cannabis, known as the plant Cannabis sativa L., and any part of that plant or any compound, manufacture, salt, derivative, mixture, preparation, resin, or oil of that plant which contains not more than 0.5 percent by weight of tetrahydrocannabinol may be prescribed by the medical society for the treatment of chronic diseases.” The house bill also indicates that the prescription source must comply with the “American Board of Medical Specialties or the Bureau of Osteopathic Specialists.”

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cannabis technology

Though this breakthrough in Texas law is a long-awaited release for the medical society that promotes it; it purposes a different view in the technology sector which promotes the 10 to 15 panel drug screen for employment within high risk areas which require machine handling, development, technical writing, etc.

House Bill 3703 does discuss the criminal implications of unauthorized use of medical cannabis, indicating that both the physician and patient must be a part of a secure online “compassionate-use registry;” which technically should not be readily accessible to employers for random employment drug screening. The secure online “compassionate-use registry” seems to be an excellent opportunity for developers interested in developing for the medical cannabis market; however, the factors of drug screening in the area of employment still seems to be of preferential concern.

Urine drug testing for an inactive THC metabolite is common in both federally regulated and non-regulated drug testing. United States Congress passed the Drugfree Workplace Act in 1988. In 2010, regulated testing began to include the heroin metabolite 6-MAM, and the substituted amphetamines MDMA, MDA, and MDEA; the drug screen also includes tetrahydrocannabinol carboxyclic acid (THCA).

House Bill 3703 indicates that “a municipality, county, or other political subdivision may not enact, adopt, or enforce a rule, ordinance, order, resolution, or other regulation that prohibits the cultivation, production, dispensing, or possession of low-THC cannabis” other than authorized by enactment. Therefore, the house bill does not support the release of medicinal cannabis outside its liquid form by unauthorized physicians. However, it does not indicate designated areas of usage for the patient under low-THC cannabis treatment.

Cryptocurrency, what is it?

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the golden bitcoin

When you read news of cryptocurrency all you see is images of a gaudy gold coin that looks like it belongs in a gambling slot machine; but, not in your pocket. Industry providers are pushing this technology as the next level in the financial market, complete with advanced user exchange platforms that include two-factor authentication and encrypted Transport Layer Security i.e., secure hypertext transfer protocol that leverages HTTP Strict Transport Security and content-security policies that are found in most browsers; it promises the best in gambling on money.

The industry itself is stated to be highly volatile since its birthing in the 2017 Asian market even though recent financial news reports indicate that the blockchain market has “risen” in value in the year 2019. Originally introduced in Kiev, Ukraine; the bitcoin was invented by Satoshi Nakamoto in 2009 as a cross national payment system to be used in cryptographic technique.

But, this doesn’t exactly explain cryptocurrency, does it? Cryptocurrency is a digital currency that is transaction secure; the decentralized nature of blockchain makes cryptocurrency virtually immune to interference. It is encrypted using an encryption key via a T-data transaction, that subsequently routes a pointer, which is a SHA-256 hash of data, to an off-blockchain, key-value store. The pointer is then verified by its digital signature based on user and the servicing store, which is a distributed hashtable, with added LevelDB2 persistence and an interface to the blockchain. The blockchain being tamper-free, is built on an assumption that requires a sufficiently large network of untrusted network peers.

Cryptocurrency differs in the financial market due to its decentralized, cryptographic nature in technology; though a centralized cloud may be utilized to store data through third-party trust to the blockchain platform.

The starter interrupt device

car accident scene

Technology has a way of failing itself when it is abused. For example, the starter interrupt device (SID), also known as the remote immobilization system, which was created as a theft prevention device for vehicles. This piece of technology engineering has caused much controversy in the automotive industry.

The starter interrupt device (SID) is a controller that enables a disable function of the starter in a vehicle. The device is found as a black box under vehicle dashboards and responds to commands issued through a central website, over a wireless network.

The starter interrupt device can be found in many used old model high-end vehicles. As such, these vehicles, can easily become a death trap when the starter interrupt device disables the starter in traffic or near airports; as all wireless technology disables when planes cross over them.

In 2010, Wired released news of an alleged hacker disabling vehicles remotely. The alleged hacker was determined to be a disgruntled worker that formerly worked in a well-known auto center in Austin, Texas. Austin Police stated the alleged hacker disabled over one hundred cars by obtaining passwords and customer information through another employee’s access account. However, this is not the only computer intrusion situation that the starter interrupt device (SID) has created in the automotive industry.

Nearly 75 percent of all squad cars in the U.S. were equipped with starter interrupt device (SID) control in 2010, which placed computer functions in squad cars that automatically disable computer keyboards and touchscreens when the car is moving more than 15 miles per hour. A 2011 analysis of police crashes in Minnesota found that 14 percent of all crashes were caused by distracted police officers, and half were due to being distracted by in-car computers.

In 2014, RT World News released information indicating that law enforcement proposed to utilize starter interrupt device control on citizens’ vehicles stating, “remote control of car electronics is far from a novel theory; cars can communicate with wireless technology.” The goal was to mandate equipment in all cars sold in the Union with devices which would allow police to remotely disable engines. University of California in San Diego and Washington University later released test results indicating “computer intrusion by law enforcement can easily interfere with safety-critical systems like brakes” for citizens.

Is it discrimination or not?

There is a memorable poster that the U.S. government requires for employers to post in their Human Resource offices, that states, “If you have the right to work in the United States, don’t let anyone take it away.” What happens when it is the government that incites discriminatory behavior against citizens who are educated, former students, seeking employment?

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the American justice system

In 2017, U.S. Department of Education went to battle in various courtrooms against a series of students across the U.S. and Canada while an injunction was filed against a popular educational institution for false promises of employment and educational value. Many of the students that filed suit involving the educational institution were not part of the primary lawsuit; these former students were gainfully employed, had completed education and were denied their curriculum focused degrees or transcripts for the purposes of unlawful monetary gain.

Employers nationwide turned away many of these former students that filed suit involving the educational institution or its various collection agencies under the premise that the students had no education or employment background to support their experience; causing long-term employment interruption due to legal battles over student loan debts.

In some cases, litigators issued fabricated documents, altered judgment in previous litigation which involved the former student(s), held litigation hearings without the student’s knowledge, or altered student records to force payment of debts not owed. Borrowers Defense programs and students’ rights were ignored while former students who held education and employment history lost tax refunds, employment references, student records, and thousands in payments made to the educational institution.

Many of the former students that were turned away for employment due to their lawsuit filings were under retirement age; thus, a claim of forced financial disability could not save them from poverty. These former students were turned away for employment in industries in which they had skill sets while students barely out of college or with no education and experience were handed employment opportunities as waitresses, IT technical support, law enforcement, secretaries, court clerks, management, etc., as contract or permanent labor i.e., turned away for employment because they were over-qualified for the positions for which they applied or made to believe they were under-qualified due to their involvement in litigation; unfairly targeted by employers and litigators for having education and employment; shunned for filing and arguing their own civil lawsuit(s) against litigators that backed the educational institution and its unlawful collection practices.

The fact of the matter is, it’s not illegal to file a civil lawsuit over unlawful collection practices. However, assumptive interference by the employment industry indicates; employers and their background screening companies, not tied to directly state and government criminal justice objectives have decided it is unlawful to attend jury duty, get a traffic ticket, participate in any other type of court hearing, or file a lawsuit over student loans.

Technology advancement’s industry failure

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abandoned, lost in a pond

In 2004, the human microchip was advanced and approved by Food and Drug Administration and utilized by medical science to assist in the safe location and treatment of Alzheimer patients.  The human microchip was inserted under the skin using a procedure that takes less than 20 minutes and leaves no stitches. By mid-2004, the human microchip technology was formally introduced for use on children as a prevention method against child abduction.

In January 2005, “students at a school district in Northern California, were forced to wear RFID-enabled ID badges as part of an “RFID test” done with the support of a company developing and manufacturing attendance reporting and security systems.  The badges were issued without the parents’ consent, and allowed the school to track and maintain records of students’ movements on campus.”

Human microchip technology has had many roadblocks since the incident in Northern California, because the RFID monitors movement of a child and vital record.  Civil liberties argue that the ability to track people would create “a world where law enforcement officials could read the contents of a person’s handbag, without a person’s knowledge, by simply installing RFID;” indicating the abusive nature of the technology.

However, there are also limitations in frequency ranges provided by the technology which may prohibit proper localization of a child in a situation of abduction. For example, at 128 frequency levels a child could not realistically be located if abducted within 10 miles from a system reader.

The RFID system reader relies on a scanner similar to the ones found in a grocery store when implanted under the skin. Additionally, various reports returned on the testing of animals indicate the human microchip can be expelled or cause infection, scarring and even cancer.

In 2019, the human microchip technology still exists in medical science, as does its privacy breach concerns for use. There were in 424,066 NCIC entries for missing children reported in 2018; as a double-edged sword, human microchip technology fails us based on the same reasons for which it was built. The question of whether human microchip technology can effectively assist in child abduction investigations has not yet been answered.

 

Hippocratic oaths and hypocrites

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the terrible half face

We all know about the history of the Hippocratic oath, you know the one physicians take that state they are sworn to “save lives and administer healing to the best of their ability and judgment;”  but, how does that play ethically in the law sciences?

In 2017, two members of a political party, a police officer and district attorney participated in a courtroom attack on an innocent man and his family in defense of an illegal immigrant that entered the country under Visa Sponsorship of Marriage, left her new husband and then claimed “domestic violence.”  The woman they defended had only been in the country for three months, had absolutely nothing but a character evidence sheet in her case file when the case went to trial and had missed trial court hearing three times when called via subpoena.

The police officer was shown on video,” leading the woman termed as the “complainant” to press charges using the “no habla inglés” method.  In other words, the court case was issued purely on hearsay; built on the conversation of others who spoke English i.e., a woman termed to be a “victim’s advocate” and the police officer.

In the video, the alleged “victim’s advocate” defends the complainant’s rights to visa amnesty by stating, “VAWA was made for women like the complainant” and then proceeded to make unverifiable statements about the defendant’s ex-wife, children and grandchildren; stating the ex-wife, a woman who raised three children to adulthood with a respect for education and employment, and was gainfully employed throughout most of her marriage to the defendant; had lived a bad home life.

The complainant that the alleged “victim’s advocate” defended was thirty-eight years old, had been arranged in marriage at least three times previously, never held a job or education, and never bore children.

Translation of the complainant’s statements, which were deliberately made in another language, show the complainant randomly stated, “the defendant asked the complainant to help him take care of his three and five year old granddaughters on one weekend occasion and found this to be abusive behavior on the part of the defendant.”

“The woman was never thrown out of any home or battered, and had ample time to leave the home while the defendant was at work if she was in danger; the nearest neighbor was three feet away from the front door of the home,” stated the witness that took the side of the defendant.

The witness herself held a 1995 protective order which was violated for many years; thus, she was not an advocate of the new domestic violence laws as her 1995 case had evidence of physical violence committed against her which had been shown in photographs in the case file. Further stating that her own protective order was issued using her legal name; “the complainant’s side of the case, both in divorce and criminal proceedings, showed absolutely no legal maiden name usage and no protective order hearing.”

The witness felt she had been specifically targeted by local area prosecutors at the time of the district court proceedings, as she was called in to attend Federal Jury duty on another more high profile case; the state court called her around the same time for attendance, placing the witness for the defendant at high risk through her appearance in courtrooms.

In 2018, the police officer and district attorney involved in the case lost their seats during the national mid-term elections.  It was found that the initial district attorney that participated in the 2017 attack on the defendant was diagnosed with a mental illness in 2016.  Nevertheless, the attack by the local area police never stopped on the defendant’s family; five women and a man that were a part of the defendant’s family which were either deceased, children, retired or gainfully employed who refused to believe the defendant was portrayed fairly were slandered via the courtroom proceeding by the police officer and the alleged “victim’s advocate.”

The defendant’s case was slightly reduced shortly after appeal petitions were completed via another district court proceeding. However, during appeals, the nursing board would attempt to remove the defendant’s licensing, altering judgment through its interference based on a police report that had been modified more than five times by prosecutors since the report had been filed in 2013. The nursing board threw away the US citizen termed “defendant,” his education and employment based on a mentally unstable district attorney, non-licensed victim’s advocate and police officer who built their case through the enjoyment of cruelty.

Swimming with the sharks…

If you’re a small business like us, you understand the level of competition in the Information Technology environment.  Don’t be fooled by recruiting firms boasting target area candidates.  Recruiting and marketing firms are a dime a dozen. A recent study released by American Staffing Association (ASA) states: “The turnover rate for temporary and contract employment was 386% in 2017.”

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competitive business concept

Most recruiting and marketing firms are not required to hire professional recruiters with an understanding in IT and human resource management; therefore, many of your contract employment candidates will be the least skilled in Technical Writing and will require more ramp-up time than an experienced professional with some development, writing and communication skill sets.

In 2019, reducing overhead costs using skilled labor has never been more important. Bureau of labor statistics state: “In April, 1.4 million persons were marginally attached to the labor force. These individuals were not in the labor force, wanted and were available for work, and had looked for a job sometime in the prior 12 months. Among the marginally attached, there were 454,000 discouraged workers i.e., persons looking for work which were strongly made to believe no jobs were available for them. “

Recent state and government shutdowns have also caused unnecessary delays and cuts in business budgets, less is not more when seeking contract labor; the more contractor skill sets, the more work you get done.

creative virtuosity provides a unique, dedicated service for businesses seeking technical writing assistance to complete their business development projects.   We work with your flex-time and constraints to ensure that your team gets the attention they need to complete documentation development tasks. Our skill sets encompass various online and print mediums to accommodate the most in business need.

 

Ethical business requirements for remote computing

How does one place a good candidate in the remote computing environment without creating a secure human interactive business environment which allows daily communication, dedicated work schedules, and assurance of compensation?

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One of the biggest issues remote computing faces in the internet environment is integrity and trust.  Ethical business isn’t just about setting a code of conduct for the remote computing environment. The internet includes every type of business and we are not free to govern the type of businesses that reside in it. Therefore, we don’t just struggle with issues of identity theft, data breach, and financial loss; we struggle with finding suitable employment or employment candidates without compromising safety.

Federal Bureau of Investigations states: “Peer-to-peer networks are a primary source of abuse by hackers.” However, for the remote computing environment, peer-to-peer networks are a standard of communication. Peer-to-peer networks offer flexibility in expanding the network to handle a large number of clients as connections can be made on-demand rather than being fixed; client-server functionality is not dedicated. The theory that wide-area networks are more secure for public use just isn’t realistic based on recent data breach statistics, as local-area networks emulate peer-to-peer across wide-area networks. Efficient IP tracking exists in the peer-to-peer environment.

Most business security requirements include some measure of an anti-virus program and restricted access to combat intrusions. There are even enforceable laws that may assist at some level should a lawsuit be filed in effort to prove a case of “fraud in connection with computers;” i.e., 18 U.S.C. § 1030. But, proving internet fraud is as complex as filing the lawsuit.