AHC Issues Decision in Loughary Case

The Administrative Hearing Commission has issued a decision on the case of Edward Loughary, who received a notice of refusal when he filed for renewal of his bail bond license in 2007. The DIFP refused to renew Loughary’s license because he had pleaded guilty in 1993 in US District Court, Eastern District of Missouri, to mail fraud in which he admitted to falsely reporting a vehicle as stolen to his insurance company. Loughary was sentenced to two months in prison and two years supervised release. According to the AHC, Loughary did not disclose his 1993 conviction on his initial application for licensing in 2003 or on his renewal in 2005. Loughary claimed he thought he did not have to disclose convictions after 10 years. In 2006, Loughary’s conviction came to the attention of the DIFP. When Louhary applied for a renewal in 2007, the DIFP refused to renew his license.

In making its decision, the AHC ruled that Missouri Supreme Court Rule 33.17 prohibits the acceptance of surety on a bail bond if the person has pleaded guilty to a felony within the State of Missouri or the United States within the last fifteen years. The AHC noted that the word “shall” in supreme court rule removes the AHC’s discretion in considering the rehabilitation of a licensees when reviewing cases involving those with felony convictions or convictions involving moral turpitude.