5 Ways Private Investigators Benefit Human Resources
Our brains are one of the defining parts of our anatomy that makes up who we are as humans, but without vital organs such as the heart, we cannot live to become who we were meant to be. The brain sends signals to the heart to pump vital fluids and maintain the health and fitness of the body in order to grow and develop. In a capitalist world of business and commerce, if a CEO is the brains of a company, certainly Human Resources is the heart. Before any employee can enter a company, they must go through HR, just as vital fluids must pass through the heart before reaching their destination. It is important for Human Resource representatives to be armed with knowledge to allow them to bring in the best and the brightest to contribute to their company. One of the ways HR can rest easy in their hires is by retaining the services of a private investigator to voire dire the candidate base, maintain a healthy work environment, and prevent employee fraud that would damage the company.
Hiring the Right People
If proper precautions are not taken, hiring a candidate who might soon be terminated can be very costly to a company. Even if the employee is making minimum wage at the time of their termination, a study from the Society for Human Resource Management estimated it can cost as much as $3500 to replace that employee. The higher the level of employment, the costs exponentially increase, with other estimates claiming that it could cost as much as 150% for middle-level employees and 400% for high-level. Therefore, hiring the correct employee on the first attempt can be critical. As the heart of the company, Human Resources are often overwhelmed with a myriad of tasks, which can make the vetting of potential employees fall lower and lower on the list of priorities. This is where the services of a private investigator will prove prudent. Private investigators can use their time and skills to perform background checks on employees, painting a clearer picture for HR representatives. This helps ensure the hiring of proper employees, which minimizes turnover, and greases the wheels of progress within a company.
Exposing Workplace Theft
A report by CBS News estimated that a typical business will lose 5% of annual revenue to employee theft. Employee Theft Solutions, a division of the Shulman Center for Compulsive Theft and Spending, has estimated that nearly one third of all corporate bankruptcies were the result of unfettered employee theft. Even more alarming, the U.S. Chamber of Commerce estimated that 75% of employed persons will steal from their workplace or employer and will continue to steal if not exposed. It is a staggering statistic that should garner scrutiny from the Human Resources department with regards to their own workforce. Bearing in mind that investigating the behavior of a single prospective employee could be very time consuming, imagine having to vet an entire staff in order to uncover a source of theft. With an average of 3-5 cases at any given time, private investigators have the time and access to resources that can help expose the perpetrator of theft in a company. In addition to checking security systems and interviewing witnesses, private investigators also have the advantage of being able to conduct undercover investigations in order to squeeze out the source of theft. These investigative services can help reinforce the wall that prevents employees from devastating a company with fraud.
Fraudulent Compensation Claims
A significant portion of the costs incurred annually by employees is attributed to worker’s compensation claims. As a member of Human Resources, it might be easy to trust every single worker compensation claim that comes through the pipeline. After all, yourself or a former superior may have hired the employee, and you trust one another’s respective judgement. However, it is naïve to assume every claim will be legitimate. Worker compensation claims can cost companies hundreds of thousands of dollars per fiscal year depending on the volume of claims. A recent statistic by the Employee Benefit Research Institute in 2014 estimated that it can cost companies as much as a $1.00 per every $100 of employee wages, which can add up very quickly. This is where a private investigator can be a godsend amidst pending litigation. Often in worker compensation claims, interviews are required with the claimant to get their version of events that led up to their injury. While members of Human Resources have many gifts, they may not be skilled in extracting the truth from an employee who might be committing a fraud. Private investigators work to get to the truth every day and can assist the HR department in protecting themselves within the letter of the law. With the resources and due-diligence of a PI vetting the claim, businesses can rest easy knowing that the claims coming through the Human Resources department have merit.
HR Investigation Integrity
With the growing problem of drugs in the workplace and the rise of the #MeToo movement, businesses are having more use for private investigators than ever before. A recent article by CNBC details how a rising number of businesses are hiring private investigators in order to identify predators in their workforce before an employee comes forward with claims of sexual harassment, discrimination, or threats.
“An ounce of prevention is really worth a pound of cure here, because the cost of potential drop in stock price, legal and PR cost — the possibility of regulators getting involved and regulating industries — they are enormous compared with the relatively modest expenditure in hiring folks like us in order to rule out this behavior,” said Nardello, CEO of Nardello & Co.
In addition to identifying these problems to save a business money, it is also imperative that any internal Human Resources department conducts a thorough, prompt, and lawful investigation. Just as private investigators can use their skills to identify predators, they can also protect any HR personnel from compromising the integrity of an investigation, protecting them from legal liability.
An Objective Eye
Human Resources: It’s in the name. Whenever there is a problem between coworkers, a discrepancy in payroll, or simple maintenance of a healthy work environment, the human resources department is where employees will turn to address issues in their job. And while members of HR do their best to solve these problems from an administrating and mediating position, they cannot always be objective. After all, HR is just as much a part of the workforce as any other employee, and all of the same implications of camaraderie and friendship can apply. By the same token, HR can also have negative relationships with the subjects of their investigations, which can influence their judgement. These biases can have a toxic effect on office morale, and employees might not feel as though they can trust Human Resources to be fair and impartial when addressing workplace issues. When there is no trust, the important relationship between HR and other departments breaks down. As is the case with many investigative scenarios, a private investigator is always the perfect second set of eyes to have when examining these issues. Without a stake in the outcome of any internal investigation, private investigators can remain unbiased as they conduct interviews, collect evidence, and reach a conclusion in regards to the veracity of any claim.
It is important for any Human Resources department to safeguard themselves against the many challenges—both internal and external—they encounter on a daily basis in their company. Retaining the services of a private investigator can go a long way to taking pressure off an already busy department, as well as providing an objective third-party perspective that will positively benefit companies as they grow and develop. If CEOs are the brains of a company and the Human Resources department is the heart, certainly a private investigator would be the immune system; identifying problems and staving off possible infection in order to maintain the health and productivity of any work environment.
Elizabeth Holmes was once the shooting star of Silicon Valley. With a lifelong hatred of needles, she set out to turn the world of healthcare on its ear by developing a more efficient and inexpensive way to draw and test blood in order to screen for serious diseases. In a world where access to affordable healthcare is a hot-button issue, Holmes was slated to become a revolutionary of her own making, with Forbes magazine dubbing her the “youngest self-made woman billionaire.” Now, Holmes is a pariah in Silicon Valley and heads are left spinning in the wake of the Securities and Exchanges Commission having issued a 24-page document revealing just how her duplicity left investors in Theranos’ research out $9 billion dollars.
To litigators and legal commentators, Holmes’ fall from grace is a familiar narrative. Intention to defraud aside, they say the roads in Silicon Valley are paved with ambitious young entrepreneurs who are more than willing to stretch the truth in order to sell their business. They have the determination to succeed and the naivety their deception will be forgiven once their investors are flush with wealth from returns. Since this has happened before and will likely happen again, how was Holmes able to mislead investors under the radar of Theranos’ board of directors? A breakdown of the board’s composition might hold the answer.
Prior to the release of the SEC complaint, the members of the Theranos board of directors had impressive backgrounds that might leave little doubt in their abilities to supervise the good of the company. There were former politicians such as U.S. senators and former cabinet members, who dealt with high-stakes situations every day in their capacities. There were former executives with previous experience in making decisions and placing trust in competent individuals. But despite their differences in resume, they all had one glaring similarity: They were all white men, over the age of 65. Research has shown while their backgrounds might have been impressive, their homogenous nature may have played a huge role in preventing them from identifying Holmes’ fraud before it was too late.
According to Prof. Andras Tilcsik, who holds the Canada Research Chair in strategy, organizations, and society at the University of Toronto’s Rotman School of Management, diverse boards are what prevent problems in large companies, “Companies with more gender diversity on their boards, for example, are less likely to reissue financial statements because of error or fraud. Diverse groups also tend to consider more factors when making a decision. Racially mixed juries deliberate longer, share more information, discuss a wider range of relevant factors and even make fewer mistakes when recalling facts about a case. Ironically, lab experiments show that while homogeneous groups do less well on complex tasks, they report feeling more confident about their decisions.” What the research is telling us is this: The more a person looks like us, the more we are willing to trust them. The attention to detail that might have been shown by a more outwardly diverse board was not shown by the Theranos board of directors in the case of Elizabeth Holmes. The similarities shared between members of the Theranos board likely created a false sense of security and allowed Holmes’ deceptions to go unnoticed.
Diversity in expertise prevents boards from becoming too comfortable with business practices and makes them open to new ideas. Given the research on homogenized groups, it is reasonable to think this group of white men with an average age of 76 may never have questioned the veracity of Holmes’ research and her promises to deliver the next big thing in medical technology. This has happened before and is likely to happen again, because while the source of the fraud is often dealt with and forgotten, there is no examination of how board composition can enable fraud.
Carie McMichael is the Communications and Media Specialist for Lauth Investigations International, writing about investigative topics such as missing persons and corporate investigations. To learn more about what we do, please visit our website.
It is estimated 30% of employees steal from their employer.
Most of us have dealt with a thief during our lifetime. Devious and sneaky, some thieves behave as if stealing is an art. It is usually a theft exposing them; however, many times, they can strike numerous times before getting caught. When theft happens in the workplace, it can not only be a costly lesson but the cause of a business failing.
An estimated 30% of employees steal from their workplace affecting all types of businesses. For instance, if you are running a restaurant with $1 million sales annually, at only 4% theft within the company, your company would be losing $40,000 a year!
Employee theft costs U.S. businesses over $200 billion in annual losses. Not only are companies trying to prevent the public from stealing items, inventory, assets, and ideas from a business, they must also combat thieves on the inside. Unfortunately, 75% of employee-related crimes go undetected.
Theft can take many forms, such as: stealing money, embezzlement, unauthorized use of business or customer identity, and theft of intellectual property, such as cases of patent or trademark infringement.
Combating Theft is Knowing How Employee Theft Occurs.
Cash
Employees who have access to a cash register is the most common way employees steal from companies. If unsecured, petty cash drawers or boxes, can be an easy target for thieves.
In addition, an employee can quote a higher price than the actual price of an item and keep the difference at the point of sale.
If employees have access to credit card information or checks, theft can happen as easily as sticking a few checks inside a folder, costing the owner thousands before it is detected.
Checks and Fraud
Most banks do not verify a signature on a company check making it very easy to sign and cash a check.
Credit card fraud is a number one threat to companies and consumers because most credit card holders admittedly do not check each line item on their credit card statement.
According to the U.S. Small Business Administration (SBA), companies with less than 100 employees, lose approximately $155,000 as a result of fraud each year, a much higher rate than large companies.
Payroll
Employees may often perform actions and falsify records for work they didn’t do, such as requesting reimbursement for travel and other expenses unrelated to work. Employees may also set up fake payroll accounts for workers who have been terminated or retired. Creative thievery abounds.
Time Sheets
Time theft or “Buddy Punching” is a very popular way timesheets may easily be falsified. Individuals complete this theft by having one employee punch another employee in or out for the other.
Excessive breaks, malingering, surfing the Internet, chatting with employees or taking personal phone calls are other ways time theft occurs. While some of these things may not at first be thought of as stealing, all these actions, or inactions, can affect the bottom line and be taking advantage of an employer.
Vendor Accounts
Thieving employees will set up fake vendor accounts, submit phony invoices and issue checks for the false vendor. These checks can then be signed over to themselves and deposited. In addition, a variation would be paying a vendor $500 and writing a check to themselves, expensing the entire $500 to the vendor.
Merchandise
Loss of inventory can happen in the merchandise distribution process but can also happen before merchandise is made available to the public. Many times, employees will take items from a warehouse or newly arrived items before they are scanned into inventory software. Employees have even been known to steal entire shipping trucks containing merchandise headed to their employer’s company.
Supplies
Some employees steal smaller items such as typical office supplies, but furniture and equipment are not off limits for a thief.
Information
Many employees steal information to benefit themselves or a competitor. Types of information include: office memoranda, proprietary products, customer lists and/or other confidential data. Theft can occur by email, printing, or copying information to a flash drive or cell phone, or simply carrying it out in a purse or folder.
Sometimes, theft can be subtler, such as luring customers away, purposefully providing poor service, even spreading rumors to damage a company’s reputation and cause a down-turn in business. All are considered losses.
While there are ways to combat theft within your company, ultimately identifying the thief before they are hired is the most effective way to reduce the occurence of theft.
The SBA recommends: “One of the first steps to preventing fraudulent employee behavior is to make the right hiring decision.”
Background checks are a good practice for any employer, large or small, especially for those employees who will be handling cash, high-value merchandise, or have access to sensitive customer or financial data.
For over twenty-years, Thomas Lauth of Lauth Investigations International has been working nationwide and helping educate employers on methods used to combat theft.
“The first and most effective way to address theft in the workplace, is to conduct an extensive background check,” says Lauth. “A background check can provide insight into an individual’s behavior, character, and integrity.”
Which Types of Background Checks Should You Conduct?
According to the U.S. Chamber of Commerce, upwards to 30% of business failures are caused by employee theft. Thus, conducting effective, extensive background checks helps to mitigate your risk of hiring objectionable or even dangerous employees.
Not all background checks are the same. As you build a profile of your future employee, there are several kinds of background checks you should consider. For example, a criminal background check is different than checking on an individual’s credit score or military service, these require consent. A criminal background check does not require consent; however, some states have laws restricting how you use the information collected during a criminal background check.
Private investigation firms like Lauth Investigations offer complete background checks while helping you comply with the law.
Protecting Your Legal Liability with Background Checks
Smaller businesses often forego background checks for two reasons: 1. A false sense of trust and security developed by business owners working too closely with employees. 2. Most businesses do not understand the legal liabilities associated with the failure to conduct employee screening and background checks.
Any business where employees provide a direct service and interact with customers, such as contractors or daycare providers, is liable if an employee does harm to a customer and the employee has a history of wrongdoing.
A company, big and small. may not recover from this kind of lawsuit.
Choosing the Right Company to Conduct Background Checks
Protecting the interests of your workplace and customers while reducing potential liability is of utmost importance; therefore, it is vital to select a company you can trust to conduct the background screening both efficiently and thoroughly.
While employers can do some background checking of their own, working with an experienced and reputable company can ensure the reliability and thoroughness of the background screening.
Purchasing instant public records found online is not appropriate for conducting potential employee background checks. Most certainly if your hiring decision is based on tpublic record data, your company could land in hot water.
Most public databases do not fact check, clean up or refresh their data providing completely different information than received from an investigative firm experienced in conducting professional, legal and full background screening.
Private investigators have access to databases to determine if a potential employee has a criminal background.
A reputable company providing background screening services will ensure the information you receive is current and accurate.
If a hiring decision is made based upon information found in the background check, in most cases, the company must inform the potential employee of the source used to obtain the information for the background checks (which is where using public databases can get your company in legal trouble).
What can you expect from a professional background check? According to Lauth, it’s all in the details and you pay for what you get. If you want detailed, accurate information, you will choose a Private Investigation Background Search.
Unlike a personal background search using public databases, private investigators have access to several databases providing a variety of information.
Employment history: This search will bring up employment records to include all positions held, making it easier to find discrepancies in a resume. It will also include salaries associated with the positions.
Academic and professional affiliations: Qualifications to include academic history and certification, even if the person did not complete the program.
Criminal records: Including a detailed outline of all criminal activity from traffic warnings and tickets to arrests and convictions. Also, these include jail time served and fines paid.
Financial Standing: Reflects all liens, judgments, bank accounts, current and previous property ownership, repossession of vehicles or other personal property, NSF checks and bankruptcies.
In addition to the typical information received through a personal background check, a private investigator will include:
Worker compensation claims an individual has filed. This can help determine the character of an individual by looking at the number of claims they have filed which could reveal a person is dishonest and fraudulent.
Ascertain causes of accidents or any criminal activity. DMV reports will show accident dates and basic information but do not reflect the cause. Private investigators can provide the cause behind the accident and whether criminal activity was involved.
Information on business and personal partners.
Analysis of all findings.
Relying on an Internet search is risky. A professional background screening will be more in depth than simply entering a name in a database. When a company’s future is at stake, the only way to go to obtain concise information needed to make informed decisions is a professional, private investigations extensive background check.
You receive a phone call and hear the voice of someone you don’t recognize. They tell you they have your child and will kill them unless you pay a ransom. They direct you not to call police or you will never see your child again.
What would you do?
You tell the person on the other end of the phone not to hang up. You don’t want to disconnect with the one person that can reunite you with your child. You plead for your child’s safe return. “Please don’t hurt her. I will do whatever you want,” you cry.
They demand you go to the bank and wire a ransom of several thousand dollars. Do you call the police? Do you pay the ransom and hope some thug will return your child to you safe?
A child going missing is every parent’s worst nightmare. For those who do have a missing child, living with such ambiguity is said to be the most traumatic of human experiences.
Sounds like a situation that only happens in the movies, right? Or, something only happening to the wealthy.
According to Newsweek, the Seattle Police Department is issuing warnings to parents advising scammers are targeting parents and demanding a ransom in exchange for the safe return of children they kidnapped . . . well, virtually kidnapped. Police throughout the country are following suit.
On March 8, 2017, in Ravensdale, Kings County, approximately 30 miles southeast of Seattle, a mother drops her children off at the school bus. Shortly thereafter, she receives a phone call from a man who threatened to kill her child if she didn’t pay a ransom.
The mother was able to reach out to the school to make sure her children were there. The school confirmed they were safe.
King’s County Sheriff’s Office told ABC News, this was the first reported incident in their jurisdiction.
In another case, a woman called a father “hysterically crying” claiming to be his daughter and stating she had been kidnapped. A man then got on the phone and told the dad if he didn’t pay a ransom, he would hurt his daughter.
Officers in Denver have responded to several reports of kidnappings. In a press release issued by the Denver Police Department, police say the caller demands a monetary payment in exchange for the release of the victim’s child. The caller dials the parents in the afternoon and demands the ransom to be wired to a bank.
After investigating the recent incidents in Denver, they determined the kidnappings were false and all children involved in the incidents were found safe.
Virtually Kidnapped Daughter
On Monday, April 16th, Sean Hollister was at his residence in Longmont, Colorado, about 15 miles northeast of Boulder, and received a frightening call from his 11-year old daughter who he thought was at school.
“My daughter was in tears, sobbing,” Hollister told the Times-Call. “I thought she was in trouble or something. She said, ‘Dad, I’m sorry I let this happen,’ which is exactly what she would say,” Hollister said.
“I said, ‘What’s wrong,’ and I offered up her name, so he knew my kid’s name,” Hollister said a man got on the phone and told him, “I got your daughter in a truck. She is on her way to Mexico.”
When Hollister told the man he was calling the police, the girl came back on the phone screaming. “Daddy, they are cutting me. Don’t call 911.”
Hollister was able to call police on his cell phone. “The caller told Hollister to get his wallet and identification and promptly leave the house.
Victims of “virtual kidnapping” describe the incident as traumatic.
Hollister’s postman was in the yard when he walked outside. “I’m mouthing ‘Help me,’ and he is freaking out,” said Hollister.
Longmont police showed up at his home fast and they took over from there and the caller hung up. Officers quickly determined Hollister’s daughter was safe.
The traumatized father would later find out the callers were trying to pull off a “virtual kidnapping” scam.
“The gap between the cops getting there and finding out my daughter is okay was terrifying,” said Hollister. “Who would think someone would be that cruel?”
Hollister’s caller had a Mexico number, but police say it is possible the caller was local and hijacked the number to appear like the call was made from out of the country.
In yet another case, a woman received a frantic call her brother had been kidnapped, injured and bleeding out, demanding thousands of dollars through a wire to return him safely. She was able to reach her brother on another phone and never paid any money, but a clear sign anyone can be a victim of this type of horrific scam.
According to FBI kidnapping expert, Agent Eric Arbuthnot, several organizations use these scams regularly to make money.
“Thousands of dollars in ransom,” said Arbuthnot. “And you’re talking about a criminal organization that is capable of doing more than one kidnapping at a time.”
According to Arbuthnot many of the cases have been happening on the West coast and along the border involving criminal organizations from Mexico, some claiming to be members of the cartel.
The FBI has seen recent increases in California, Nevada, New York, and Texas.
Monroe Police Department in Connecticut said by using social media, scammers can identify a victim, look up relatives, and reference names of family members and friends to make the call appear legitimate.
FBI Supervisory Agent Christopher Johnson said his office in St. Louis, Missouri deals with these types of crimes. “Scammers will often mention specific facts about the parent or victim, likely from information they were able to obtain online.”
Authorities say about one in five kidnapping cases are successful resulting in the criminal getting their ransom and not getting caught. While extortion has been around for decades, virtual ransom kidnapping calls are increasing around the country.
FBI Special Agent Glenn Milnor warns parents about virtual kidnapping.
With this emerging scam, the FBI has launched a nationwide campaign to warn parents to fight back against “virtual kidnapping.”
If you receive a virtual kidnapping ransom call…
Unlike traditional kidnapping schemes, a “virtual kidnapper” has not actually kidnapped anyone. According to the Federal Bureau of Investigation, if you receive a call from an individual demanding a ransom for the safe return of a kidnap victim, it is suggested you quickly evaluate the following to determine if you are receiving a legitimate ransom call:
Caller insists you stay on the phone.
Call does not come from your child’s cell phone.
Caller tries to stop you from contacting the kidnap victim.
Call includes demand for ransom to be paid via wire transfer.
Ransom amounts may decrease quickly.
Knowing what to do
Police say it is best to hang up the phone; however, if you continue the conversation pay attention to the following:
If you engage the caller, don’t call out your loved one’s name.
Deliberately try to slow the situation down and ask to speak to your child directly.
Ask “proof of life” questions like, “How do I know my loved one is okay?”
To gain confirmation if your child is an actual kidnapping victim, ask questions only your child would know such as the name of a pet.
Listen very closely to the voice of the person speaking. If possible record the call.
Have someone else try to call your child’s cell phone, school, text, social media, etc., to confirm their safety.
To buy time, repeat the caller’s request and tell them you are writing down the demand or tell the caller you need time to make arrangements.
Don’t agree to pay a ransom: by wire or in person.
Don’t deliver money in person.
Immediately call your local FBI office and police.
According to the National Crime Information Center (NCIC), as of March 31, 2017, there were 86,618 active missing person cases in the FBI database, with 8,792 entered as involuntary.
Experts agree an actual kidnapping with a ransom demand is quite rare but all experts urge parents to be vigilant.
By: Kym Pasqualini, Feature Writer for Lauth Investigations
Have you ever found a $20 bill in your laundry and felt you just won the lottery? Most people would be ecstatic to realize they forgot to empty their pockets but what happens to money you don’t know exists? Hundreds, maybe thousands of dollars.
You may be surprised how many people in this country have unclaimed assets they may never know existed . . . unless they look for it.
Currently, it is estimated local, state and federal agencies collectively hold more than $58 billion in unclaimed assets, roughly $175 for every U.S. resident. However, experts estimate there may be as much as $100 billion languishing in unclaimed cash and benefits held in local, state and federal agencies. We do know, daily, the amount of unclaimed funds increases.
According to the National Association of Unclaimed Property Administrators, every state including the District of Columbia, Puerto Rico, and the U.S. Virgin Islands has lost assets, commonly referred to as unclaimed funds.
What are Lost Assets?
The unclaimed property law or escheatment was first enacted in 1954. The purpose of the act is to provide a central repository in each state, so citizens can seek lost assets belonging to them. Each state maintains a comprehensive list of the unclaimed assets.
Unclaimed funds are financial assets owed to an individual or business not claimed or have unknown ownership. Examples of unclaimed assets or funds are the following:
Uncashed payroll checks
Dormant bank accounts
Safe deposit boxes
Refunds
Customer overpayments
Security deposits
Insurance payments
Unclaimed dividends
Unclaimed securities
Traveler’s checks, money orders, cashier’s checks
Principal on debt
Escrow balances
Old stock certificates
Mining Certificates
Mineral royalty payments
Retirement
Property held by courts and other governmental agencies
All businesses must forward all unclaimed funds or property to their state in accordance with their state’s escheat laws. Ideally, the state holds unclaimed funds in a trust and attempts to locate the rightful owner – except it doesn’t always work in that way.
Unfortunately, since 2006, a mere 5% of lost assets has been returned to rightful owners.
The Escheatment Process
Unclaimed property is governed by state laws requiring all unclaimed assets be turned over to the state to be held in trust. For example, if a bank account is inactive for a lengthy period, commonly within one year, the state can claim the funds in the account through a process known as escheatment.
Escheatment accounts are defined as dormant, unclaimed or abandoned. For instance, banks are responsible for reporting unclaimed property to the state after a certain amount of dormancy. Each state has a different time frame before the state escheats the assets to safeguard them.
In Arizona, a financial institution must report securities property after a period of 3 years dormancy and bonds after two years.
The laws are strict. A company could be fined by the Arizona Department of Revenue a civil penalty of 25% of the value of the unclaimed asset or abandoned property or $100 per day up to $5,000.
The only tangible property covered is the contents of safe deposit boxes. However, for contents of safe deposit boxes, periodic auctions are conducted by most states and proceeds from the sale of items are held for a rightful owner.
While unclaimed, the policy for unclaimed funds is they should be used for the “greater good” of the public, until such time as it is returned to the rightful owner. Without affecting the state’s obligation to return unclaimed funds, collections are used to finance operations such as public schools and college scholarships.
In 1951, the U.S. Supreme Court stated in the Standard Oil Co. vs New Jersey case, “Property that escapes seizure by would-be possessors and is used for the general good rather than the chance enrichment of particular individuals or organizations.”
In 2015, $3.235 billion was returned by state government unclaimed property agencies to rightful owners or heirs.
What is an Heir?
An heir is the “rightful owner” of lost assets/funds or a person in ranking who is entitled to inherit property if the rightful owner is deceased, sometimes referred to as a logical heir.
An heir can be an individual or a company such as a business or corporation, church or charity, or hospital.
Defining the Source
A government database of centralized information does not exist; therefore, each federal agency maintains its own records. When looking for lost assets this can create confusion and, in reality, often makes the property hard to find.
United State Treasury reports an estimated 25,000 payments are returned as undeliverable.
US Bankruptcy Courts reports approximately $200 million dollars is waiting to be claimed.
Class Action Lawsuits have generally 95% of the funds as unclaimed.
Savings Bonds show an estimated 40 million savings bonds have gone unredeemed, equaling an estimated $16.5 billion dollars.
Life Insurance reveals there is approximately $1 billion dollars unclaimed due to lost or unknown policies.
Lost assets can be found in the most unlikely places.
In an Oklahoma News 4 report, the Oklahoma Corporation Commission spokesperson Matt Skinner said, “You were someone who had an ancestor who owned minerals in 1910, [and] that’s still the name on the minerals, then if you can prove those minerals were part of an estate that came to you, you would get the money that is in the fund.”
For any given property, there might be dozens, sometimes hundreds, of oil and mineral owners. Much of the time, people are second and third generation and the original rights are still in the parents or grandparents names who have passed away.
While each state maintains their own database, the resources to find the owners of the property are minimal, even nonexistent. Some states advertise on their websites and others in the local newspapers. Clearly, with only 5% return on total lost assets, these methods are not effective.
With the lack of a national database, finding lost assets can be difficult for most individuals and makes it necessary to find help.
Finding Heirs
Prior to turning over unclaimed property to the state as required by law, businesses or holders of lost funds may conduct due diligence and often hire companies, referred to as heir finders, to assist in finding the rightful owner of unclaimed assets.
Most states require heir finders to be licensed private investigators to protect consumers.
One may think they don’t need a private investigation firm to represent them; however, there are many benefits to hiring a private investigator to locate lost assets. Experts say it is beneficial to work with professionals who are familiar with specific state laws where the property is located and the ability to obtain procurement of documents and certificates while working efficiently for the client.
Rain Lauth of Lauth Investigations International Lost Assets Division, specializes in finding lost assets and works closely with local, state and federal agencies to provide assistance to consumers, stresses the importance of working with licensed private investigators when searching for lost assets and filing claims for ownership.
“They will be familiar with all the forms that will be filed, the proper identification, probate laws, court properties, co-claimants, death certificates and other required information,” says Lauth.
Lauth Investigations has returned over $15 million to rightful owners since 2013 with an overall success rate of 98% on all claims.
“We take great pride in working with our clients in a caring and professional manner,” said Lauth. “Often the process of locating and claiming lost assets can be an overwhelming experience, but with our extensive resources and a highly skilled team, we diligently seek to make the process of documentation of ownership a painless experience for our clients,” added Lauth.
