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Casual Articles - Asset Searching for Recovery Actions - The Decision Maker's Critical Tool Part 1
Have Something Good To Say wife’s name would then be covered. Quite simply, an asset search on a husband should usually also reveal information on spousal assets held jointly, but not necessarily include assets held by the wife individually or as sole owner, or under different name styles such as aliases or maiden names.If you don't get this right, you can just forget about everything else...your advertising will fail miserably if you don't have something good to say. The great business philosopher Jim Rohn probably summed it up best in his lecture about communications. He was talking about personal communications, not about advertising, but I think the principle holds true. He says to be a master communicator, all you've got to do is follow this three-step process: First, have something good to say. Second, say it well. And third, say it often.In terms of advertising, here's what that means: Having something good to say means that you've innovated your business sufficiently so that you've got something of value to the marketplace that's worth advertising in the first place. Saying it well has to do with taking what you well and saying it in your advertising in such a way that it gets people to notice and take action. We're going to show you how to use the power of writing and articulating to get more results for the same money spent - say it well. And as for saying it often, that refers to executing your advertising and follow-up marketing in a systematic format that allows you to build brand equity and cost-effectively turn prospects into customers.So before we get into the how to say it well, let's spend just a few minutes talking about the first step to successful communication: "Have something good to say." Some people don't expect that they have to actually innovate their business to be successful. But so far, in my years of experience, it's been the best strategy that I've seen. You've probably heard the old saying that if you build a better mousetrap that the world won't necessarily beat a path to your do Vehicle Searches: Searches should be conducted of the applicable states Department of Motor Vehicles to identify all vehicles owned under the name and address given to the state repository for search purposes. Several states do not provide this service, as the tax registration responsibility for vehicular ownership rests with a county or parish jurisdiction. Where states will not provide this information, the applicable jurisdiction or jurisdictions should be researched to determine if vehicles are owned by the name given as primary search parameter. It is also important to understand that most assets search requests are not only based upon single name searches, but usually single jurisdiction searches as well. Some examiners may feel justified in providing additional “over-the-county-line” information in order to bolster the information developed without an additional asset search. However, single county or parish jurisdictions should be expected as an industry standard. Analyze credit reports to determine if current outstanding) and/or previous loans may have existed, linking this type of asset to the subject. Many times vehicular, vessel, and aircraft assets are not identified through standard search parameters, but are identified if the subject may have the asset registered in a different jurisdiction; if the asset may be registered under different name; or if the subject may be a guarantor on the loan. Vessel Ownership: There are three possible forms of accessing vessel ownership information. The first is on a state-by-state basis at the Departments of Motor Vehicles. The second is at the county or parish level. The third is a search of the U.S. Coast Guard’s Watercraft Index, a nationwide repository of registered vessels over a certain length. Depending upon the location of the asset search to be conducted, one or all of these methods should be utilized. Aircraft What Makes A Good Global Online Business? As certified fraud examiners (CFE), we all know the nuts and bolts of our respective areas of specialty, and hopefully, we are all growing professionally at an astounding pace. Crime does, unfortunately, pay – just not for the criminal.What makes a good global online business? There are 10 basic questions that will make a good checklist.1. Is the business ethical? You want a business that will only benefit people and not hurt anyone. It is all about doing the right things. Your integrity is your most precious asset and you must protect it at all times! You want to do your due diligence and ensure that the company has good management and a good track record.2. Do the products or services offer great value? People all over the world are basically the same, they are looking for great value. You've heard it many times before, it is the value and not the price.3. Does the business have timing? Is it offering something that is riding a major growing trend, for example, if it is a product that serves the hungry market of the expanding information industry, it will be considered a great product. It is very important to identify not only great demand but one that will grow tremendously in the future!4. Is the start up cost affordable? When you want to reach the masses, you must make the entry level easy so you can get as many people as possible to do the business. If the start up cost is very low then it is very easy to get people to get started on it!5. Is the monthly operating cost affordable? Most businesses will take one to two years to break even, if the monthly operating cost is very high, it will cause high attrition rate because when people cannot afford the monthly operating cost in the first three to six months, they will stop doing the business. A low monthly operating cost will help in the sustainability of your business.6. Is the break-even time very short? If you can show a person how to break ev After conducting asset research for over 14 years for such demanding institutions as FDIC, FSLIC, and RTC, as well as major hotels and casinos in the gaming industry, property management firms, and many of the nation’s larger law firms, one thing that has emerged is a distinct lack of information – not about the type of items searched, but the depth and quality of other searches. In cutting to the chase, the following is the result of the compilation of asset search guidelines, and should serve to assist in setting at least a baseline standard for developing a viable domestic asset search strategy. Subject Identification Prior to beginning the acquisition of information on any subject of an asset search, the subject should be properly identified. Studies have shown that as much as 30% of the American population uses undisclosed aliases and/or “akas” to conduct and transact various levels of personal and professional business. This statistic does not take into account the existence of corporate, DBA and/or partnership entity names, which are created to transact the various forms of business on behalf of the principals of said entity. To properly identify a non-corporate subject, the following minimum recommendations are made for non-law enforcement environments: Obtain credit reports from the three major credit bureaus, per Fair Credit Reporting Act (FCRA) requirements. However, make sure that obtaining the reports is in compliance with permissible purposes as defined in Public Law 91- 508, Title VI (FCRA), to avoid tainting your pursuit should the matter ever be litigated. Remember, in the context of this discussion, we are focused on asset searches as recovery medium, and the basic assumption is that the asset search has already been determined to be sanctionable. This could be determined, for example, by a loan in default, a judgment that has been rendered, or a court order obtained for the release of the credit information in cases that are not clearly defined under the FCRA. Remember this simple guideline: credit reports are legal post-judgment, for purposes of collection, and/or where consent has been given somewhere in the stream of the creditor/debtor relationship. In the case of a receivership institution (i.e., where a director is being scrutinized for alleged conversion of assets), consent may also have been given for a credit history during pre-employment evaluation or as a policy-based condition of employment. This is referred to as “extended consent,” and constitutes valid use, especially in matters where a criminal investigation is under way, and where the conversion of assets is factually alleged as the result of a forensic audit or proven by admission. Be careful, though, as “extended consent” from the employment perspective is still a gray area under the law. The following two items are available from credit bureaus and their sub-vendors but have less coverage extended to them under the FCRA, yet the “FCRA compliance attitude” should be used when accessing them: * Obtain social security traces from the three major credit bureaus. * Obtain address update/credit report header information from the three major credit bureaus. * Obtain voter registration information for the applicable jurisdiction germane to the primary, or most recent, residence of the subject. Some states have compiled voter data through private repositories, which should be checked for movement. Match the information obtained through the independent sources to the information presented by the candidate in the form of the credit application with the institution, and/or the information developed independently by the institution in the initial credit qualification process. Many other methods of identification exist, but the above represents the very least that should be done. The reason for obtaining the information from all three bureaus, instead of only one, is to develop any alias and/or aka data, as well as current addresses (not specified), and/or any additional addresses that may provide venue data. This will assist the asset searcher in determining whether to advise the client to proceed with asset discovery in additional areas unknown to the client at the time the asset search was requested. Address verifications are usually difficult without a physical inspection of the address in question, including a visual identification of the subject entering and/or leaving the address. Address information that is cross-referenced and verifiable through the major credit bureau repositories is usually presented in an asset search, and in most cases is very reliable. To discover the current telephone number of the subject, methods available to the fraud examiner include nationwide telephone directories, criss-cross directories, directory assistance contact, and attempts at contact existing telephone numbers known by the client. There are other methods of telephone number development available. However, these methods should not be utilized by a CFE in order to avoid tainting the legality of the pursuit, in the even that litigation is ultimate undertaken. Assets Determination Assets determination usually constitutes an integration of certain liability data to offset the assets “worth” in order to arrive at a net equity position. This is especially true in identifying and analyzing real property assets. There are multiple forms of asset determination, which are described as follows: Real Property Ownership: A search should be conducted of the applicable county jurisdiction. The exception is in California where a statewide assessor’s index is available, usually through the “lien date” of the prior year. This repository is made available through a private company, and is in no way sanctioned by any public jurisdiction. For traditional searches throughout the rest of the U.S., per jurisdiction research is conducted at the assessor’s office to determine if the name exists on the assessor’s roll, and/or if the known property (address) crosses-verifies to the suspect owner. A search of the applicable jurisdiction’s Recorder’s Grantee/Grantor index (or general index as it may also be known) is then undertaken to determine if the property is still vested to the subject, and if any open Deeds of Trust and other liens exist which identify liabilities against the property. The search in the recorder’s venue should also identify (in jurisdictions where this is possible) the Documentary Transfer Tax Stamp amount, which should be divided by the applicable factor. This yields a sales price for the property, which should then be scrutinized by contacting a local realtor to verify the current market value. This “thumbnail” market value determination would then be subtracted from the outstanding Deeds of Trust (encumbrances) for a net equity value of the property. Additional research of real property ownership comes in the form of updating the assessor’s rolls through the recorder’s offices to determine if the subject’s name has come into title to additional parcels of property, subsequent to the “lien date” of the assessor’s records, which is in many jurisdictions up to sixty to ninety days old. The searches in the recorder’s offices should also identify recent transfers of ownership of an individual’s real property, wherein the ownership may have been transferred to a family member, closely held corporation, or other entity. Based upon the guidelines established by the client, the searches can be permutated to include additional research on additional names developed during the study, which the examiner may feel has a direct relationship to the subject of the report. It is important to note that asset searches are usually requested on specific names of individuals, and it is an industry standard of practice to conduct the research on the specific subject name. Competent investigative agencies contact the client in some way to disclose additional names discovered during the searches. Searches should also include information developed on real property assets jointly held in the name of the husband and wife. This information is usually indexed by virtue of the husband’s name, or the first name that appears on the conveying deed. It is important to understand that an asset search does not automatically search property held in the name of a wife unless the asset search is specifically ordered on the wife’s name. If so, the wife’s name would then be included as a primary search name (parameter), and assets held in the wife’s name would then be covered. Quite simply, an asset search on a husband should usually also reveal information on spousal assets held jointly, but not necessarily include assets held by the wife individually or as sole owner, or under different name styles such as aliases or maiden names. Vehicle Searches: Searches should be conducted of the applicable states Department of Motor Vehicles to identify all vehicles owned under the name and address given to the state repository for search purposes. Several states do not provide this service, as the tax registration responsibility for vehicular ownership rests with a county or parish jurisdiction. Where states will not provide this information, the applicable jurisdiction or jurisdictions should be researched to determine if vehicles are owned by the name given as primary search parameter. It is also important to understand that most assets search requests are not only based upon single name searches, but usually single jurisdiction searches as well. Some examiners may feel justified in providing additional “over-the-county-line” information in order to bolster the information developed without an additional asset search. However, single county or parish jurisdictions should be expected as an industry standard. Analyze credit reports to determine if current outstanding) and/or previous loans may have existed, linking this type of asset to the subject. Many times vehicular, vessel, and aircraft assets are not identified through standard search parameters, but are identified if the subject may have the asset registered in a different jurisdiction; if the asset may be registered under different name; or if the subject may be a guarantor on the loan. Vessel Ownership: There are three possible forms of accessing vessel ownership information. The first is on a state-by-state basis at the Departments of Motor Vehicles. The second is at the county or parish level. The third is a search of the U.S. Coast Guard’s Watercraft Index, a nationwide repository of registered vessels over a certain length. Depending upon the location of the asset search to be conducted, one or all of these methods should be utilized. Aircraft How to Make Your Cover Letter the Rose Among the Thorns ases that are not clearly defined under the FCRA.The main point why you are writing a cover letter is to give the biggest answer every employer seeks in every applicant, why you are worthy of the job. You write your purpose in the letter succinctly and you will definitely get that job (of course your resume needs to look great too).Cover letters need a touch of personality. The only way for that to happen is if you write it yourself. Do not depend on templates available in books, the internet or the one available in your computer. Letter that are basically the same are normally neglected specially if the company is in search for creative employees.Before you even try to write the letter make sure you have researched all the necessary information about the company. Get full names, company names, head officers, goals, vision-mission and all the other important elements necessary to point out that you belong in their company.Your cover letter must have three major paragraphs.Starting paragraphLet them know why you are writing to them. Remember to indicate your intended position. You need not let them know where you got information that they have an opening because it doesn’t really help you with anything instead let them know why you want to join the company. Apple polishing is great here but do not over do.Middle paragraphLet them know why youare great for the job. List a few achievements, experiences and skills in this part so they will see how valuable you are. This is a good way to explain to them why you are the worthy one. Share examples but don’t put in the whole dramatic story.Ending paragraphLet them know you attached a resume in the next page. You can request for an interv Remember this simple guideline: credit reports are legal post-judgment, for purposes of collection, and/or where consent has been given somewhere in the stream of the creditor/debtor relationship. In the case of a receivership institution (i.e., where a director is being scrutinized for alleged conversion of assets), consent may also have been given for a credit history during pre-employment evaluation or as a policy-based condition of employment. This is referred to as “extended consent,” and constitutes valid use, especially in matters where a criminal investigation is under way, and where the conversion of assets is factually alleged as the result of a forensic audit or proven by admission. Be careful, though, as “extended consent” from the employment perspective is still a gray area under the law. The following two items are available from credit bureaus and their sub-vendors but have less coverage extended to them under the FCRA, yet the “FCRA compliance attitude” should be used when accessing them: * Obtain social security traces from the three major credit bureaus. * Obtain address update/credit report header information from the three major credit bureaus. * Obtain voter registration information for the applicable jurisdiction germane to the primary, or most recent, residence of the subject. Some states have compiled voter data through private repositories, which should be checked for movement. Match the information obtained through the independent sources to the information presented by the candidate in the form of the credit application with the institution, and/or the information developed independently by the institution in the initial credit qualification process. Many other methods of identification exist, but the above represents the very least that should be done. The reason for obtaining the information from all three bureaus, instead of only one, is to develop any alias and/or aka data, as well as current addresses (not specified), and/or any additional addresses that may provide venue data. This will assist the asset searcher in determining whether to advise the client to proceed with asset discovery in additional areas unknown to the client at the time the asset search was requested. Address verifications are usually difficult without a physical inspection of the address in question, including a visual identification of the subject entering and/or leaving the address. Address information that is cross-referenced and verifiable through the major credit bureau repositories is usually presented in an asset search, and in most cases is very reliable. To discover the current telephone number of the subject, methods available to the fraud examiner include nationwide telephone directories, criss-cross directories, directory assistance contact, and attempts at contact existing telephone numbers known by the client. There are other methods of telephone number development available. However, these methods should not be utilized by a CFE in order to avoid tainting the legality of the pursuit, in the even that litigation is ultimate undertaken. Assets Determination Assets determination usually constitutes an integration of certain liability data to offset the assets “worth” in order to arrive at a net equity position. This is especially true in identifying and analyzing real property assets. There are multiple forms of asset determination, which are described as follows: Real Property Ownership: A search should be conducted of the applicable county jurisdiction. The exception is in California where a statewide assessor’s index is available, usually through the “lien date” of the prior year. This repository is made available through a private company, and is in no way sanctioned by any public jurisdiction. For traditional searches throughout the rest of the U.S., per jurisdiction research is conducted at the assessor’s office to determine if the name exists on the assessor’s roll, and/or if the known property (address) crosses-verifies to the suspect owner. A search of the applicable jurisdiction’s Recorder’s Grantee/Grantor index (or general index as it may also be known) is then undertaken to determine if the property is still vested to the subject, and if any open Deeds of Trust and other liens exist which identify liabilities against the property. The search in the recorder’s venue should also identify (in jurisdictions where this is possible) the Documentary Transfer Tax Stamp amount, which should be divided by the applicable factor. This yields a sales price for the property, which should then be scrutinized by contacting a local realtor to verify the current market value. This “thumbnail” market value determination would then be subtracted from the outstanding Deeds of Trust (encumbrances) for a net equity value of the property. Additional research of real property ownership comes in the form of updating the assessor’s rolls through the recorder’s offices to determine if the subject’s name has come into title to additional parcels of property, subsequent to the “lien date” of the assessor’s records, which is in many jurisdictions up to sixty to ninety days old. The searches in the recorder’s offices should also identify recent transfers of ownership of an individual’s real property, wherein the ownership may have been transferred to a family member, closely held corporation, or other entity. Based upon the guidelines established by the client, the searches can be permutated to include additional research on additional names developed during the study, which the examiner may feel has a direct relationship to the subject of the report. It is important to note that asset searches are usually requested on specific names of individuals, and it is an industry standard of practice to conduct the research on the specific subject name. Competent investigative agencies contact the client in some way to disclose additional names discovered during the searches. Searches should also include information developed on real property assets jointly held in the name of the husband and wife. This information is usually indexed by virtue of the husband’s name, or the first name that appears on the conveying deed. It is important to understand that an asset search does not automatically search property held in the name of a wife unless the asset search is specifically ordered on the wife’s name. If so, the wife’s name would then be included as a primary search name (parameter), and assets held in the wife’s name would then be covered. Quite simply, an asset search on a husband should usually also reveal information on spousal assets held jointly, but not necessarily include assets held by the wife individually or as sole owner, or under different name styles such as aliases or maiden names. Vehicle Searches: Searches should be conducted of the applicable states Department of Motor Vehicles to identify all vehicles owned under the name and address given to the state repository for search purposes. Several states do not provide this service, as the tax registration responsibility for vehicular ownership rests with a county or parish jurisdiction. Where states will not provide this information, the applicable jurisdiction or jurisdictions should be researched to determine if vehicles are owned by the name given as primary search parameter. It is also important to understand that most assets search requests are not only based upon single name searches, but usually single jurisdiction searches as well. Some examiners may feel justified in providing additional “over-the-county-line” information in order to bolster the information developed without an additional asset search. However, single county or parish jurisdictions should be expected as an industry standard. Analyze credit reports to determine if current outstanding) and/or previous loans may have existed, linking this type of asset to the subject. Many times vehicular, vessel, and aircraft assets are not identified through standard search parameters, but are identified if the subject may have the asset registered in a different jurisdiction; if the asset may be registered under different name; or if the subject may be a guarantor on the loan. Vessel Ownership: There are three possible forms of accessing vessel ownership information. The first is on a state-by-state basis at the Departments of Motor Vehicles. The second is at the county or parish level. The third is a search of the U.S. Coast Guard’s Watercraft Index, a nationwide repository of registered vessels over a certain length. Depending upon the location of the asset search to be conducted, one or all of these methods should be utilized. Aircraft So Who Doesn't Love Money? ceed with asset discovery in additional areas unknown to the client at the time the asset search was requested.Just about all of us have some degree of affection for money. To be more precise, we have a healthy respect for what money can do for us. Having a decent cash flow not only pays the bills, but also allows us to enjoy some extras from time to time. There is no shame in being able to answer yes when someone asks who loves money. All it requires is a little honesty.For those of us who believe in practicing unabashed honesty, there is a great new moneymaking plan on the horizon. Aptly named "Who Love Money," this program is set up for people who want a program that is easy to begin and does not require a lot in the way of time or start up funds. What it will require is some willingness to learn a few basic sensible business techniques, which you can do at your own pace. Here are some examples of what you will learn with the Who Loves Money plan.First, there are tips on how to find niche markets that will work well for you and your participation in the plan. You will learn how to evaluate a niche market and see if it is a viable revenue producing market for you and your skill set. This one portion of the Who Loves Money program alone can keep you from making a number of costly mistakes as you start up your business.Another section helps you to explore search engine optimization and how it relates to making your business a success. You will learn how to come up with keywords that will attract the attention of people in your niche market, and the best ways to work them into your web sites and other places around the Internet. The Who Loves Money program will help you understand why SEO is important and how to do it properly.You also will get some lessons on receiving online payments with th Address verifications are usually difficult without a physical inspection of the address in question, including a visual identification of the subject entering and/or leaving the address. Address information that is cross-referenced and verifiable through the major credit bureau repositories is usually presented in an asset search, and in most cases is very reliable. To discover the current telephone number of the subject, methods available to the fraud examiner include nationwide telephone directories, criss-cross directories, directory assistance contact, and attempts at contact existing telephone numbers known by the client. There are other methods of telephone number development available. However, these methods should not be utilized by a CFE in order to avoid tainting the legality of the pursuit, in the even that litigation is ultimate undertaken. Assets Determination Assets determination usually constitutes an integration of certain liability data to offset the assets “worth” in order to arrive at a net equity position. This is especially true in identifying and analyzing real property assets. There are multiple forms of asset determination, which are described as follows: Real Property Ownership: A search should be conducted of the applicable county jurisdiction. The exception is in California where a statewide assessor’s index is available, usually through the “lien date” of the prior year. This repository is made available through a private company, and is in no way sanctioned by any public jurisdiction. For traditional searches throughout the rest of the U.S., per jurisdiction research is conducted at the assessor’s office to determine if the name exists on the assessor’s roll, and/or if the known property (address) crosses-verifies to the suspect owner. A search of the applicable jurisdiction’s Recorder’s Grantee/Grantor index (or general index as it may also be known) is then undertaken to determine if the property is still vested to the subject, and if any open Deeds of Trust and other liens exist which identify liabilities against the property. The search in the recorder’s venue should also identify (in jurisdictions where this is possible) the Documentary Transfer Tax Stamp amount, which should be divided by the applicable factor. This yields a sales price for the property, which should then be scrutinized by contacting a local realtor to verify the current market value. This “thumbnail” market value determination would then be subtracted from the outstanding Deeds of Trust (encumbrances) for a net equity value of the property. Additional research of real property ownership comes in the form of updating the assessor’s rolls through the recorder’s offices to determine if the subject’s name has come into title to additional parcels of property, subsequent to the “lien date” of the assessor’s records, which is in many jurisdictions up to sixty to ninety days old. The searches in the recorder’s offices should also identify recent transfers of ownership of an individual’s real property, wherein the ownership may have been transferred to a family member, closely held corporation, or other entity. Based upon the guidelines established by the client, the searches can be permutated to include additional research on additional names developed during the study, which the examiner may feel has a direct relationship to the subject of the report. It is important to note that asset searches are usually requested on specific names of individuals, and it is an industry standard of practice to conduct the research on the specific subject name. Competent investigative agencies contact the client in some way to disclose additional names discovered during the searches. Searches should also include information developed on real property assets jointly held in the name of the husband and wife. This information is usually indexed by virtue of the husband’s name, or the first name that appears on the conveying deed. It is important to understand that an asset search does not automatically search property held in the name of a wife unless the asset search is specifically ordered on the wife’s name. If so, the wife’s name would then be included as a primary search name (parameter), and assets held in the wife’s name would then be covered. Quite simply, an asset search on a husband should usually also reveal information on spousal assets held jointly, but not necessarily include assets held by the wife individually or as sole owner, or under different name styles such as aliases or maiden names. Vehicle Searches: Searches should be conducted of the applicable states Department of Motor Vehicles to identify all vehicles owned under the name and address given to the state repository for search purposes. Several states do not provide this service, as the tax registration responsibility for vehicular ownership rests with a county or parish jurisdiction. Where states will not provide this information, the applicable jurisdiction or jurisdictions should be researched to determine if vehicles are owned by the name given as primary search parameter. It is also important to understand that most assets search requests are not only based upon single name searches, but usually single jurisdiction searches as well. Some examiners may feel justified in providing additional “over-the-county-line” information in order to bolster the information developed without an additional asset search. However, single county or parish jurisdictions should be expected as an industry standard. Analyze credit reports to determine if current outstanding) and/or previous loans may have existed, linking this type of asset to the subject. Many times vehicular, vessel, and aircraft assets are not identified through standard search parameters, but are identified if the subject may have the asset registered in a different jurisdiction; if the asset may be registered under different name; or if the subject may be a guarantor on the loan. Vessel Ownership: There are three possible forms of accessing vessel ownership information. The first is on a state-by-state basis at the Departments of Motor Vehicles. The second is at the county or parish level. The third is a search of the U.S. Coast Guard’s Watercraft Index, a nationwide repository of registered vessels over a certain length. Depending upon the location of the asset search to be conducted, one or all of these methods should be utilized. Aircraft Employment Law: Unfair Dismissal - Employer Succeeded in Changing Terms of Employment nst the property. The search in the recorder’s venue should also identify (in jurisdictions where this is possible) the
Documentary Transfer Tax Stamp amount, which should be divided by the applicable factor.Good News for Employers wishing to change the terms of employment of employees, however, employers must still take care.In Scott & Co v Richardson [2005], the Dependant, Mr Richardson, who worked for a Scottish firm of debt collectors, refused to accept his new terms of employment which required him to visit defaulting debtors during the evenings. Mr Richardson agreed to work evenings but only if this would continue to attract overtime payments as had previously been the case. Scott & Co tried for seven months to persuade Mr Richardson to change his mind but he refused, finally issuing an ultimatum that his employer should either accept his position or dismiss him. They chose to dismiss him.At first instance, Scott & Co claimed that the change in working conditions was required to bring the company into line with new market practices and to allow them to plan work more cheaply and effectively. Mr Richardson argued that Scott & Co had failed to prove that there were advantages to the new working arrangements and that the real reason for the changes was to save money in overtime payments.Mr Richardson succeeded in his claim for unfair dismissal and the Employment Tribunal held that it did not appear that the imposition of the shift system was of such discernible advantage that the only reasonable thing to do was to terminate the employee's contract unless he would agree to the new arrangement.On appeal the EAT overturned this decision and held that:-A Tribunal should not 'second guess' an employer's business decision; A Tribunal should evaluate whether dismissal was due to the employer's reasonable belief that the contract changes had advantages; and The employer did not nee This yields a sales price for the property, which should then be scrutinized by contacting a local realtor to verify the current market value. This “thumbnail” market value determination would then be subtracted from the outstanding Deeds of Trust (encumbrances) for a net equity value of the property. Additional research of real property ownership comes in the form of updating the assessor’s rolls through the recorder’s offices to determine if the subject’s name has come into title to additional parcels of property, subsequent to the “lien date” of the assessor’s records, which is in many jurisdictions up to sixty to ninety days old. The searches in the recorder’s offices should also identify recent transfers of ownership of an individual’s real property, wherein the ownership may have been transferred to a family member, closely held corporation, or other entity. Based upon the guidelines established by the client, the searches can be permutated to include additional research on additional names developed during the study, which the examiner may feel has a direct relationship to the subject of the report. It is important to note that asset searches are usually requested on specific names of individuals, and it is an industry standard of practice to conduct the research on the specific subject name. Competent investigative agencies contact the client in some way to disclose additional names discovered during the searches. Searches should also include information developed on real property assets jointly held in the name of the husband and wife. This information is usually indexed by virtue of the husband’s name, or the first name that appears on the conveying deed. It is important to understand that an asset search does not automatically search property held in the name of a wife unless the asset search is specifically ordered on the wife’s name. If so, the wife’s name would then be included as a primary search name (parameter), and assets held in the wife’s name would then be covered. Quite simply, an asset search on a husband should usually also reveal information on spousal assets held jointly, but not necessarily include assets held by the wife individually or as sole owner, or under different name styles such as aliases or maiden names. Vehicle Searches: Searches should be conducted of the applicable states Department of Motor Vehicles to identify all vehicles owned under the name and address given to the state repository for search purposes. Several states do not provide this service, as the tax registration responsibility for vehicular ownership rests with a county or parish jurisdiction. Where states will not provide this information, the applicable jurisdiction or jurisdictions should be researched to determine if vehicles are owned by the name given as primary search parameter. It is also important to understand that most assets search requests are not only based upon single name searches, but usually single jurisdiction searches as well. Some examiners may feel justified in providing additional “over-the-county-line” information in order to bolster the information developed without an additional asset search. However, single county or parish jurisdictions should be expected as an industry standard. Analyze credit reports to determine if current outstanding) and/or previous loans may have existed, linking this type of asset to the subject. Many times vehicular, vessel, and aircraft assets are not identified through standard search parameters, but are identified if the subject may have the asset registered in a different jurisdiction; if the asset may be registered under different name; or if the subject may be a guarantor on the loan. Vessel Ownership: There are three possible forms of accessing vessel ownership information. The first is on a state-by-state basis at the Departments of Motor Vehicles. The second is at the county or parish level. The third is a search of the U.S. Coast Guard’s Watercraft Index, a nationwide repository of registered vessels over a certain length. Depending upon the location of the asset search to be conducted, one or all of these methods should be utilized. Aircraft Increase Web Site Traffic wife’s name would then be covered. Quite simply, an asset search on a husband should usually also reveal information on spousal assets held jointly, but not necessarily include assets held by the wife individually or as sole owner, or under different name styles such as aliases or maiden names.A web site will not be considered a success if it has no or very low web site traffic. Web site traffic refers to the number of visitors that check your web site or the amount of visits that your web site receives. In order for your online business to become successful, your web site needs to increase web site traffic. But increasing web site traffic is not an easy endeavor. One should have the determination to set and strive to meet goals in order to achieve success online.Learning anything new can be a painstaking process, especially to those who do not have the determination to push through the hardship and frustration. In the Internet world, there is actually a lot to explore and to become familiar with in order to know how to go about increasing web site traffic. No matter how difficult some things are, you should be determined to learn each and every step. Once your determination waivers, you will have poor web site traffic results.In order to know how much effort you will need to exert, you must have a goal. Having a specific number in mind will make you focus your mind more on how to achieve it. It is not enough that you just want more visitors for your web site because this will do very little to make your site a success. Make sure that one of your goals is to increase sales, because increase in web site traffic will eventually mean an increase in sales.With the goal in mind, you can now set upon a course of action to follow in order to increase web site traffic. This plan will help you attain your goal, but keep in mind that your goal should be specific and measurable. Pay per click advertising on search engines and getting high rankings for free in search engines are some of the Vehicle Searches: Searches should be conducted of the applicable states Department of Motor Vehicles to identify all vehicles owned under the name and address given to the state repository for search purposes. Several states do not provide this service, as the tax registration responsibility for vehicular ownership rests with a county or parish jurisdiction. Where states will not provide this information, the applicable jurisdiction or jurisdictions should be researched to determine if vehicles are owned by the name given as primary search parameter. It is also important to understand that most assets search requests are not only based upon single name searches, but usually single jurisdiction searches as well. Some examiners may feel justified in providing additional “over-the-county-line” information in order to bolster the information developed without an additional asset search. However, single county or parish jurisdictions should be expected as an industry standard. Analyze credit reports to determine if current outstanding) and/or previous loans may have existed, linking this type of asset to the subject. Many times vehicular, vessel, and aircraft assets are not identified through standard search parameters, but are identified if the subject may have the asset registered in a different jurisdiction; if the asset may be registered under different name; or if the subject may be a guarantor on the loan. Vessel Ownership: There are three possible forms of accessing vessel ownership information. The first is on a state-by-state basis at the Departments of Motor Vehicles. The second is at the county or parish level. The third is a search of the U.S. Coast Guard’s Watercraft Index, a nationwide repository of registered vessels over a certain length. Depending upon the location of the asset search to be conducted, one or all of these methods should be utilized. Aircraft Ownership: Other than by “intelligence” information which may have been submitted to the institution at the outset of the credit qualification process, the only method of developing aircraft registration information is to perform an FAA Airman’s Search to determine if an FAA Pilot’s license has been issued, and/or if an individual has an aircraft registered in his or her name within the Federal Aviation Administration’s files. As with the vessel ownership search through the U.S. Coast Guard Watercraft registration, there is only one national root repository that makes this service available. The service is resold through other database repositories, yet it is advised that the “root” repository be utilized in order to minimize data transfer/loss from vendor to vendor. Banking Information: Bank account searches may be the world’s “second-oldest profession.” There is no specific way to access bank account information, other than by a multitude of artistic pursuits including the development of information within a consumer’s credit history; director contact with a banking institution; the use of sources in the U.S. Federal Reserve Clearinghouse System; or by sources and contacts developed by the fraud examiner with local, state, or national banking institutions. This is truly the “art and science’ of an asset search, in that the ability to successfully identify banks rests heavily with the fraud examiner’s prowess in this arena. The standard guidelines for bank account searches are “exact name basis only” searches, with less emphasis placed on jurisdictional lines, since most bank account searches are developed via intelligence leads. In many instances, an asset search will refer “no record found” to a banking institution under an exact subject name. The subject’s name may appear as a signatory on an alternate account, possibly under the name of a disclosed or undisclosed entity, or as a signatory on an account held under the name of another. Bank accounts will not usually be disclosed in this fashion. Unauthorized information pertaining to a no searched consumer could compromise that person’s privacy under federal privacy laws, the FCRA and the CCPA, as well as many other statutes. It is safe to say that most agencies are quick to obtain at least some banking information. This should rest with the successful Write of Execution language, constructed by counsel as served upon the institution’s regional administrative and/or corporate offices (for examples send a request to tomlawson@apscreen.com). In Part 2 of this article, we’ll look at other financial and business information that should be gathered during an asset search, liability-related data which impacts the subject’s net worth as well as other information.
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