If you are a “glass half-empty” person,
you know to check out potential employees, service providers, investors, clients. (I've even had friends who are utilizing dating websites ask me to check out people before they get too involved.) The
following list of liars and sources will save you time
and reinforce what you naturally do to protect your business and wallet.
Below are two lists.
One is a list of lies learned from less than three hours due
diligence of potential service providers, clients, investors and employees. The other is a list of free or low cost
public websites you can check to save you time, money, and “face.” If you get a business card, a resume and take
notes during conversations, you can ascertain a great deal in less than 3 hours
of research, otherwise wasted by “big talkers.”
Some have been shameless liars who have, presumably, gotten away with this before, indicating that a lot of people DON’T do background checks. Think how much time you can save by learning this information early on.
Preliminary due diligence is like a
game. The goal is to look for anything the person has
told you (verbally or in writing, such as a resume) that is invalidated or
contradicted in public sources. If the
person lied about something so easily discovered, what else might s/he lie
about? Red flag. By asking for
background information, the message you convey to the person is that it is “time
to get serious.” This can cut time
wasted with big talkers. Your time is
worth money.
· Degrees from schools that don’t exist
·
Degrees
from on-line “degree mills”
·
Degrees
from real school s that the people never earned
·
Titles
and experience from companies that have no Internet validation. (If they say the companies were their own,
see if they were ever even registered in the state and wonder if a company with
such a low profile could really have accomplished all the person claimed).
·
Puffed
up resumes and dates/duties/companies that contradict other documents
·
“Cease
and desist” order from the state securities board and/or from the SEC for fraud
(One guy was actually a case study for a law school!. Two others were banned from the securities industry).
·
Citations
on blogs against management for various things, from indignations to litigation
to losing investors’ money.
·
Felony
records and indictments with cases pending (white collar crimes, for people
seeking investors!).
·
FBI
reports
·
BBB
complaints
·
A
confusing variety of inter-related companies and sweetheart supplier deals that
compromise the integrity of what potential investors would be investing in
(possible shell game).
·
Prior
employers who fired the person for cause, and were willing to say so verbally
when we made due diligence calls, but not in public disclosure documents
·
References
that were dead ends – no company, person, or recollection.
·
Investors,
entrepreneurs, and finance professionals who were behind in their taxes, had
filed bankruptcy, had been foreclosed upon, had liens against them or their
companies or assets. (Why would you trust them with your money or handling money for others?)
·
Litigation
pending, for debt, breach of contract, fraud, etc.
·
References
that indicate no relevant past experience to back up assertions, such as people
whose real jobs were very junior at a company, or were in an unrelated
department, or whose spouse was the only one in the family with relevant
experience
·
No
SEC filings indicative of the private placement (or public) deals he/she
claimed
·
Entrepreneur
whose “use of funds” statement raises questions in light of a series of prior
public filings (of pink sheet/OTC companies) indicating inflated salaries and overhead for
companies that never turned a profit.
·
Press
releases by prior companies that sounded like things had transpired (not validated anywhere else) or that promised imminent actions that never occurred
·
OTC
or pink sheet company history that keeps changing names (to avoid a sustained
history of poor performance?) Very common.
·
Public
filings with “going concern” statements by accountants, or worse, no audited
financials for a year or more or continued delays in public filings.
·
Broker
Check disclosures of licenses that don’t match experience described, sanctions,
questionable outside businesses, repeated short stints at Broker Dealers, long
stints at BDs that have been sanctioned or closed for alarming, repeat
behaviors.
·
Entrepreneurs
who have previously hired Broker Dealers with a public record for skirting
rules or financiers whose resumes indicate a preference for such companies.
·
Alleged
investors (and middlemen) whose
references for investment don’t check out
·
People
who cite “doing business with” references who turn out to be personal
references only
·
Companies
and individuals listed on various “walls of shame” such as the SEC’s “PAUSE”
page, and public enforcement reports by FINRA and state fraud investigation
department websites
Easy and Free Internet Resources for Preliminary Due Diligence
PHONE ADDRESS
VERIFICATION:
www.whitepages.com
www.whitepages.com
Check name and reverse check for
phone and address to see if they coincide, or if another name/address
connection is revealed. The website
often lists “others in household” such as a spouse and children, and ages. Does
this information fit what you know? If
someone has no record for an address and phone number, does that indicate an intention to maintain a very low
profile. Is that fine or a question
mark? Look for other properties in
his/her name. Relevant?
EDUCATION
VERIFICATION:
From job
applicants, we request a background check authorization. The information
provided enables me to verify degrees earned through www.degreeverify.org. Short of that personal information, you can
ask friends who have attended a school to look the person up through the alumni
directory. If the name appears, you have
confirmation. If the name does not
appear, the person may not have signed up with the alumni network or may not
have attended. Go to the school’s
website. Does it offer the degree cited
on resumes? Does the location make
sense? Does the school exist?
TAX RECORDS:
Visit the
county property tax accounting website to ascertain whether the person owns
his/her home, office, or other property and the value and has/hasn’t paid taxes
on time. You don’t want an investor or
entrepreneur or other client who hasn’t even paid taxes! To find out the name
of the county, Google city name, state + county. In Harris County, TX, the website is www.hcad.org.
You can usually search by name or by address. Some states, like FL have searchable public
lists of people listing the amounts and dates of liens and judgments by government and companies. CA has
higher barriers to entry for personal information than many states.
COUNTY
COURTS:
Visit the
county clerk’s office and search the data base of civil (or criminal) court
cases. You can enter the person’s and
the company name as either/or plaintiff/defendant. Do you see debt cases? Foreclosure?
Breach of contract? Recently? Frequently?
Should you be leery of taking a client with a history of litigiousness? Websites vary greatly, and states vary, too,
in the amount of private information they will disclose. CA is pretty oblique. TX and AK are pretty open with their court
and tax records.
SEC and Edgar SEARCHES FOR PUBLIC COMPANIES/PRESS RELEASES/SANCTIONS:
Visit www.sec.gov.
Someone affiliated with a public company is easy to check out. On this website or any Edgar filings in any
financial website, one can search by company name and person’s name in various
sections, such as company filings and enforcement (in SEC). Be meticulous in your search strings of “all
these words” or “exact phrase” and how a legal name might be entered (with or
without middle initial or Jr, for example).
You may have to try a variety of terms.
Was the person an officer, director, or investor, insider? Were there sweetheart deals with any of his
or her other companies? Was the company in the black or the red? Did the accountants issue a “going concern”
statement? How much did your contact get paid? Is the person affiliated with other securities
in the past? What’s the track record?
Are private placements registered? Do you ascertain any lies in information the
person recorded in documents filed with the SEC? Serious problem.
STATE
SECURITIES BOARDS:
Find this by
Googling state + website + Securities.
You can search to see if someone is a registered investment advisor
(more info than on Broker Check, like percent of business with individuals vs
institutions) or Broker-Dealer, and whether there are any enforcement actions
against him/her, his/her company. You
can review the state’s definition of “securities” – useful if a potential financial
service provider or entrepreneur says “I don’t need a Broker-Dealer for
this.” In Texas, the website is: http://www.ssb.state.tx.us. Similar listing with another state’s
abbreviation might give a useful starting point for other state securities boards.
STATE CORPORATIONS:
Visit the
secretary of state website to see if the company has been incorporated, if it
is in good standing, and if the contact person you know is listed as the
registered agent (of this and any other companies). If the person has registered a surprising number
of companies particularly with similar names, does that raise a question? Could there be any sort of “shell game” with
funds? What’s the status of the prior
ones? Cross reference with company
website searches. The website for Texas is: http://www.sos.state.tx.us
AGGREGATION SITES:
www.zoominfo.com can be helpful because it
compiles a list of links to public info about a person or company, for free,
and isn’t changeable by the person (compared to Linked In).
FACEBOOK etc:
www.linkedin.com, www.facebook.com, etc. and other self-written sites are useful for
seeing what the person says about himself.
How does that compare to a resume or other sources of information? Some people regard their Linked In Profile as
less official than a resume and update it less often, so the differences can be
revealing. Some websites list a number
of contacts visible to other members. Are
there any that you know, whom you could contact regarding the person? Do you expect to find a Facebook or Linked in
account but do not? For example, why
might someone who says he is well connected in sales NOT appear on any of the
public networking sites you check?
FINRA:
www.finra.org Broker Check. The website includes profiles of people who
have been registered within the last ten years and “bad guys” with arbitration
and enforcement sanctions who may have left FINRA/NASD even before that. When reviewing someone’s profile, first check
to see if he/she has any disclosures (at the end of the report). Some of those are no brainer deal closers,
like misuse of funds. Others may simply
warrant a conversation for clarification. Then note duration at prior Broker-Dealers (BD),
licenses, and state registrations. Did s/he
have an insurance license but told you s/he knows private placements? Does s/he have a 24 license (supervisory
level)? Check the records of the prior
BDs. Do they have eye opening
disclosures for egregious financial shenanigans or poor supervision of wild
card employees? Do you see a series of
short stints at numerous BDs? How successful
could the person have been if he kept being let go? Once someone actually
applies to our firm, we can run a background check for more information not publicly disclosed, but before that, this
public information can increase or decrease our enthusiasm.
COMPANIES:
Visit the
websites of companies on the resume. Do
they exist? If you don’t find the
website, Google the company name to see if there is any record of it in the
past. If a search reveals the company
name only associated with your contact’s reference and no other, s/he may have
made it up. It is pretty hard for a
business to have NO Internet record, post 1995. Red flag.
INTERNET SEARCHES:
General
information Google searches:
The person’s
name + City, or + County or + industry, or + SEC or + FINRA, or + companies, or
+ school, or + suit (as in law suit) or + fraud or scam. Try logical variations like Jim or James. Sometimes, you will find confirmation, such as
a member of a professional organization, or a relevant speech given. Other times, we have found out location,
education or personal information about people from references in a marathon or
neighborhood list, or an alumni organization. If people keep a low profile
on the Internet, and claim achievements in a city or industry, see if you know anyone in those cities or industries likely to be in a position to know them, and if they don't, consider what that may mean. Sometimes we got an earful and
sometimes the prospect was entirely unknown.
Check out www.sec.gov’s PAUSE section
of bad guys in finance, read websites like www.ripoffreport.org. Check out lawyers and accountants with their professional organizations. Look for red
flags.
In
summary: One to three hours early on can
help you assess your opportunity costs with a potential client, employee, service
provider or investor. Ask better
questions in order to shed the time wasters and liars in order to allocate more
time to fruitful people who may actually reward your time with lucrative
contracts. Learn to discern between the
two. After the first few checks, the process will become easier and your sense of people will become better honed for evasions or over-promises.
(I welcome your comments and additional suggestions through the comment field, Laura )
No comments:
Post a Comment