Public Record Search

Public Record Search

Forensic accounting experts occasionally rely on a public record search for various forms of litigation support. With access to court records and various online databases, an accounting expert can assist with a civil or criminal case. Some common case examples include:

  • Divorce and custody cases
  • Contract disputes
  • Bankruptcy proceedings
  • Fraud investigations
  • Personal injury cases
  • Real estate disputes
  • Wrongful termination cases
  • Probate cases

The above litigation typically involves factors that can only be fully assessed and considered with a public record search. As such, forensic accounting experts consider it a primary investigation and litigation support tool.

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What Can Forensic Accounting Teams Uncover During a Public Record Search?

A public records search can assist legal teams with the information they need to present their case, no matter the nature of that litigation. Specifically, your forensic accounting expert can target the following when performing a public record search:

    • Court and legal filings – A forensic accounting expert can review databases like PACER (Public Access to Court Electronic Records) to uncover federal, state and county court dockets and judgements. This is relevant to civil and criminal cases, where establishing a history of legal activity may be salient to the case. This can assist with due diligence, contract disputes, bankruptcy proceedings and criminal investigations.

    • Corporate registration and financial records – Multiple databases track corporate registration records, including Secretary of State filing databases. Every state has its own filing database, so an investigator may need to check several state-level databases to track down any necessary information. Your forensic accounting expert can also review SEC databases to bring up corporate financial statements, disclosures and insider trading reports. These may be relevant during a breach of contract dispute or during a securities fraud investigation.

    • Real estate records – County recorder and assessor websites can be used to track down real estate ownership records (deeds, mortgages, etc.) as well as any assessments or liens against the property. These records are valuable as a litigation support tool in any case where asset ownership is relevant. This could be a divorce case, a fraud investigation, title or boundary disputes, a probate case or many other forms of litigation.

      There are also private, paid databases that grant access to real property transactions, including commercial property sales and ownership histories.

    • Commercial credit and bankruptcy reports – Individual and commercial credit reports can also be uncovered through a public record search, available through various credit agencies. Through third party databases, forensic accounting experts can also determine corporate ownership linkage and whether there are any other entities associated with the company. These reports can also uncover previous Chapter 7, Chapter 11 or Chapter 13 bankruptcy filings, which can reveal potential sources of financial distress or fraudulent activity.

    • Background checks and personal information – There are numerous private databases that track personal information, but forensic accounting experts can also use reputable public sources to find essential pieces of personal information. This includes a person’s phone number, address and aliases (if any). Some private databases also provide access to asset ownership and any corporate affiliations.

      This information can be used to run detailed background checks and determine if there are attempts to conceal identity – which may be relevant during criminal or civil litigation.

    • Professional licensing and accreditation – Every state licensing board maintains an online database that tracks professional licensing. These are public and available to forensic accounting professionals. Licensing requirements are defined at the state level, and this must be taken into context when reviewing a professional’s credentials. For example, Texas does not require most contractors to be licensed.

      This approach is most relevant for medical malpractice cases, but it’s also valuable for cases involving real estate transactions (real estate licensing) or any activities where detailed accounting is involved (CPA licensing). In some cases, a forensic accounting professional may have access to databases tracking medical malpractice payments and other disciplinary actions.

    • Commercial regulatory histories – Through SEC and DOJ databases, forensic accounting professionals can search through previous enforcement actions taken against a business entity – including legal settlements, injunctions and criminal enforcement actions.

      Forensic accounting teams can also access FINRA (Financial Industry Regulatory Authority) to check for entity registrations and any disciplinary actions.

    • Intellectual property (IP) registrations – Intellectual property disputes may include trademark, copyright or patent infringements, but solidifying the details for IP litigation is essential. To do so, your forensic accounting investigator can review national (U.S. Patent and Trademark Office) and international (World Intellectual Property Organization) databases to ascertain IP application and registration histories. This can be used to support litigation relevant to intellectual property cases.
Forensic Accounting

A Public Record Search is a Fundamental Litigation Support Tool

Public record searches can be used to reveal personal information, credit histories, asset ownership, entity ownership, court records, professional licensing, regulatory histories and IP filings – among other important details. When used for litigation support, this information can be used to verify critical details of the case or to establish an idea of who the defendant or relevant parties are.

If your case requires additional investigation or a public records search, consider consulting with a forensic accounting expert to determine whether they can help with litigation support.

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