The Administrative Hearing Commission (AHC) has issued a ruling on the two-year-old case involving the licensing of James Gillihan. In Novemer 2004, the Department of Insurance (DIFP) denied Gillihan’s bail bond agent license application because he is a convicted felon and for using fraud or misrepresentation in applying for his license. Gillihan appealed the DIFP’s decision. According to the AHC record, Gillihan was a licensed bail bond agent from March 1989 to March 1997 and again from November 1999 to November 2000. He also held a general bail bond license from April 1996 to April 2000.
According to the record, Gillihan pleaded guilty in US District Court in October 1999 to aiding and abetting the use of a firearm during a crime of violence. He was sentenced to five years in prison and fined 1.2 million dollars. The AHC record also reflects that during the plea hearing, Gillihan testified that he took diamonds from a client that he knew were obtained through jewelry store robberies.
When Gillihan applied for his license in 2004, he claimed that he did not know the diamonds were stolen, contrary to his previous testimony. The AHC reports that Gillihan argued that his license should be granted because the DIFP had granted licenses to other felons and that his felony was not violent.
The AHC denied Gillihan’s license stating, “In exercising our discretion as to whether to grant or deny the application, we look to statutes on similar subject matter for guidance. We consider the nature of the crime, its relation to the license, how long ago Gillihan committed it, his conduct since that date, and other evidence. We also bear in mind that a license represents the State's seal of approval that an applicant is fit to practice a licensed profession and that applicants who have erred in the past should acknowledge guilt and embrace a new moral code.” The AHC also said in its ruling ….. supporting his clients’ criminal enterprises by purchasing their spoils weighs heavily against fitness for a bail bond license. (Emphasis added)
Note: The AHC made its ruling under the law that existed in 2004, before the new bail bond laws went into effect.
Tuesday, February 13, 2007
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