Posted On Wednesday, March 25, 2015
By:
As part of a series of new Pennsylvania state child protective services laws that took effect in December 2014, many members of the faculty and staff at Pennsylvania’s public and private colleges will be required to submit to regular criminal background checks. Many colleges in the state already require certain background checks at the time of hire, but the new law mandates a renewed clearance every three years for all employees who interact with minors. Employees and applicants will have to obtain a criminal background check by the state police, a set of fingerprints run through the Federal Bureau of Investigation’s system and a check of the state’s division of child protective services to determine whether they have been accused of child abuse. Colleges must keep a copy of the records. An institution will be guilty of a third-degree misdemeanor if it fails to get a copy of the background checks before hiring someone. Employees on college campuses are included in this law because of on-campus youth programs, dual enrollment programs with high schools and a small portion of freshman students who enroll as 17-year-olds.
For further information about these new requirements, please contact Kevin Raphael or Leslie Mariotti.
Posted On Monday, March 23, 2015
On Wednesday, March 11, 2015, the Utah legislature approved a measure to create the country’s first white-collar criminal offender registry. Similar to convicted sex offender registries, the measure, White Collar Registry H.B. 378, calls for the publication of the offenders’ names and alias, a recent photograph, a physical description, and a list of their crimes. The registry, which will be available through a website maintained by the Utah Attorney General’s Office, will list certain white-collar felons convicted since late 2005. The offenses include securities fraud, mortgage fraud, and money laundering crimes.
First-time offenders will appear on the registry for 10 years or until they complete their sentences, while repeat offenders run the risk of being permanently featured. To vanish from the registry completely, offenders must pay full restitution to their victims. Unlike sex-offender registries, convicted white-collar criminals will not be required to report their listing to employers or neighbors.
Sean Reyes, the state’s attorney general, came up with the idea for the registry while practicing as a defense attorney. According to Reyes, white-collar crime has become an epidemic in Utah, which is known for its vulnerability to financial fraud due to the trusting nature of its citizens. Representative Mike McKell, who proposed the legislation, echoed this sentiment, describing Utah as “a hot bed for financial fraud committed by repeat offenders” in a press release announcing the introduction of the registry. By providing this information to consumers in a readily accessible manner, lawmakers hope that Utahns are more equipped to make educated financial decisions.
The proposal, which was overwhelmingly approved by Utah lawmakers, is expected to be signed by Governor Gary Herbert. While it remains to be seen whether white-collar felon registries will gain traction elsewhere across the country, financial schemers in Utah will soon be electronically marked with a proverbial scarlet letter.
