Digging Up the Dirt
By scouring the public record, deal-makers can play detective, too.
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http://www.entrepreneur.com/magazine/entrepreneur/2002/september/54526.html
Recently, one of my clients was asked to sign the kind of
contract that gives Hollywood movie producers a bad name. It was
ludicrously over-reaching and filled with a genre of legalese that
was more likely to create a nuisance lawsuit than a motion
picture.
Out of curiosity, I typed the producer's name into an
Internet search engine. Before you could say "I'll see you
in court," I learned the producer had sued at least one
celebrity in exactly the same kind of deal! Obviously, I had one
word of advice for my client: "Run."
There is an unbelievable amount of information available in the
public record, and every day, more and more of it becomes easily
accessible through the Net. Because it's generally performed
without the other side's knowledge, this kind of background
check can be a fantastic way to learn about a person's or
outfit's true character and competence.
A person's identity can be double-checked through birth
certificates, death records, marriage licenses, divorce records,
voter registrations and motor vehicle and immigration records. For
this purpose, a full name, birth date and Social Security number
are your best identifiers. If someone's got assets, there
should be evidence of them in the public record-owners of real
estate, boats, planes and cars are almost always required to file
something.
Besides revealing a criminal history, court records may also
document substantial judgments, tax liens, wage garnishments and
notices of pending lawsuits. Court files of your target's
bankruptcy, divorce or probate proceedings may prove a treasure
trove of intimate financial details. Filings with the SEC or
analogous state agencies may contain financial data about the top
officers, directors and owners of publicly held companies. At
times, the information available on government workers and
officials, or general labor statistics, may also come in handy. And
of course, there are always basic trade directories, sales and
marketing materials, Web sites and newspapers and magazines.
You can do some of this snooping yourself, especially through
the many companies offering online access to databases such as
Dataland, Docusearch and Publicdata.com. But, a professional will
probably serve you better. You could go a variety of routes, from
the private investigator, who may provide all sorts of
detective-type services, to the information broker, who's more
research-oriented and often has a degree in library science, to the
public records researcher.
The average deal-maker would sooner spend $25,000 to have a
lawyer prepare the perfect contract than $1,000 to find out whether
the other side is too crooked or incompetent to honor it.
After all, who you're dealing with is often as important as
(or even more important than) what you're dealing for. Remember
these words from mystery writer Raymond Chandler: "It is not a
fragrant world."
A speaker and attorney in Los Angeles, Marc Diener is the author of
Deal Power.
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