Missouri Bondsman

Racy Advertising – Industry Disgrace or Good Business Practice?

2012-01-13T11:57:00.000-06:00

As reported in the Towson Patch (http://towson.patch.com/articles/racy-bail-bonds-sign-draws-ire), a Maryland bail bonds company has drawn criticism over its advertising. So what do you think? Is this free expression, or should the industry regulate certain types of ads in the name of professionalism?

Missouri Bondsman Needs a New Home

2011-11-06T06:02:00.002-06:00

Missouri Bondsman needs a new home. This site is near and dear to my heart. I spent many years developing it and have a list of interested subscribers. I can no longer keep up with industry news and commentary, but if you think you can carry the torch, email me and let me know.

Services for Gerald "Jerry" Cox

2010-06-16T08:09:00.002-05:00

General agent Jerry Cox passed away on Sunday, June 13, 2010. Jerry is survived by his wife, children, grandchildren, and other extended family. Jerry was a Navy veteran, a former police officer, the owner of Cox Bail Bonds and a member of MO and the US Professional Bail Bond Association and was awarded the C.B.A. He served two terms in the MO House of Representatives. A Memorial Mass will be on June 17, 2010 at 7:00 p.m. with a gathering from 5:30-7 p.m. at St. Cletus Catholic Church, 2705 Zumbehl, in St. Charles, MO. Interment at a later date. Donations may be made to the Veteran Association, Siteman Cancer or any Cancer Organization c/o PAUL FUNERAL HOME, 240 N. Kingshighway, St. Charles, MO 63301.

Bondsman Shot During Altercation

2010-04-08T06:28:00.001-05:00

Bondsman Carl Jackson was shot in the leg with his own gun during an altercation at a gas station. According to reports filed by KMBC, Jackson accused another man of stealing something from him. A fight ensued and Jackson’s gun fell to the ground during the struggle. An unidentified female picked up the gun and fired it, hitting Jackson in the leg.

No determination has been made on whether charges will be filed.

Bondsman Seeks Help in Issue of Critical Importance

2010-03-31T09:58:00.002-05:00

Editors note: Below is a letter I received from a bondsman in southwest Missouri seeking help in determining why bonds are disappearing in his/her circuit.

This is a sincere request that I believe is of the most critical importance. Our judge is the head of an organization of circuit judges in Mo. I am effectively out of business down here. It has spread to Barry County and will expand quickly to other circuits. It is kind of like an experiment. Other judges are experimenting in other ways for example one judge in Jasper County. Carthage is utilizing a cash bond in conjunction with a surety bond. I do not know why they are doing it, possibly for revenue? Perhaps for political reasons I’m not aware of? This is the beginning of the end for all of us and this issue needs to be addressed quickly and we have little time left. I assure you that if we don’t deal with it now, we will all be out of a reasonable living very soon. I mean all of us! Many who read this know of me. I’ve been a bondsman since 1998.

Guest Commentary by Andy Laughlin

2010-03-07T19:56:00.002-06:00

My Take on Our Industry

I have been in the Bail Bond business for a little over ten years now. There is no doubt that things have changed dramatically since I started. The number of bonds are down and the number of bondsmen are up. There are many in this industry that have no business writing bonds, at least not in the amount they are writing them. All of this needs to be addressed, and is currently being addressed by legislation that is in the works in Jefferson City.

When I first started, a General Agent had to qualify with each circuit he wanted his agents to write bonds in. This was good, in a way, but needed to be refined. The problem was with the variation of criteria used by each judge. No two counties were the same. Just as wildly varied as the qualification criteria, there were just as varied ways each judge handles forfeitures. If it is a county you deal with on a regular basis, you might not like it, but at least you would know what to expect. If you wrote a bond out of your normal area, you could get some very big surprises should something go wrong.

In 2004-2005, a bill was introduced to try to fix some of these problems. I don’t want to get into what exactly happened, as I have heard claims from several that were involved, and I wasn’t there. I don’t know who, for sure, is responsible for this legislation, but due to poor wording, it really caused more problems in the industry, in my opinion. In an effort to standardize the way qualifications and forfeitures are handled, among other things. Due to poor wording, as I stated before, the law was interpreted different by many different judges. Some continued to qualify bondsman the same as they always have and some interpreted to mean that anyone with a license could write all the bail they want in every circuit. This has caused chaos. Many bondsman got their General Agents license with nothing more than a ten thousand dollar CD and started hiring all of the agents they could to write for them. I know some of these guys personally and have heard it out of their mouths. Their goal is to make all the money they can, while they can, and if they get caught with a judgment they can’t pay, no problem, they will just go out of business and start again with a family member or a friend. There is no accountability. The new law was also supposed to give us 6 months to find our skips. Again, I have heard this interpreted a number of different ways and none of them gave me 6 months. All of this due to poor wording.

Last session, a bill was introduced to raise the bar from a ten thousand dollar CD to a fifty thousand dollar CD assigned to DIFP to get your General Agents license. While this was an attempt to get rid of some of the Generals that were writing on their CD only, it was going to have other consequences and was not going to solve the problem, in my opinion. Last session was the first time I had ever gone to the Capitol, either supporting or working against, any legislation. Boy did I get a lesson in politics! I have never been on such a roller coaster ride in my life. I did make some friends, both in the industry and with legislators. Thanks to several other bondsmen from around the state that didn’t like this attempt, we defeated this bill. And, there was a mandate issued by the legislation that was passed that DIFP do a study of the industry and report back what problems need to be addressed by the beginning of this session. It all worked out great, in my opinion. Now we had a legitimate chance at making some changes in our industry to make it better, eliminate some people that do not need to be here and standardize practices statewide. In my mind it was, and still is, our best, and maybe only shot, at making ourselves legitimate to the state, legislators, judges and public in this state. To show that we are professionals and to police ourselves and clean up our own mess. And, it very well could be our last chance to save our industry. (My current General Agent told me ten years ago that we would be out of business by now. I want to prove him wrong.)

I immediately wrote letters to DIFP requesting a chance to be on the committee to help with this study. I was fortunate enough to be selected to help with this process. I went in with an open mind and was very excited about the chance to make a difference in our industry. We held our first meeting in Jefferson City. At that meeting, the results of the survey that DIFP had sent out to every agent in the state to get information about what the industry was thinking as a whole, were given to us. It was also decided that we should send out surveys to every judge in the state to see what their thoughts were. Then, we had four public hearings, in Kansas City, St. Louis, Springfield and Jefferson City, to give agents from all over the state a chance to testify and give us more information on what everyone wants in our industry. After all of the surveys were in and the hearings were done, it was obvious there were several topics that needed to be addressed. We held several meetings trying to draft the best legislation we possibly could, keeping in mind that compromises had to be made to have any chance of getting it passed. We kept in mind everything we had heard from around the state, also realizing that not every issue could be addressed with one piece of legislation. It was a rocky road at times and another great learning experience. But, in my opinion, we came out with one of the best pieces of legislation that has ever been introduced, and a piece that could very well help extend our industry into the future. Do I love everything about it? No. Would I like some changes? Yes. Would I like some things added? Yes. But I do support this bill as written. There are some things that can be addressed in other sessions. There are some things that do not need to be done as statute, but can be done as regulation. I am not going to go into all the specifics. Anyone can read the language for themselves.

Another great thing about this legislation, it is a composite of what we heard over and over again, all over the state. Not everything we heard, but the major points that we heard many times. We used ideas from the surveys agents and judges filled out. We had input from bail bond agents, general agents, judges, legislators, OSCA, DIFP, Police Chiefs Association, Sheriffs Association, County Clerks and several other sources. The judges on the committee lobbied many other judges, and as a whole, most judges like the language. This is not the work of one person or group, as it has been in the past. This is a work of many facets related to our industry. After is was finished, Rita Heard-Days, a Senator that sat on the committee, introduced the bill we all worked so hard on.

I was, and am not, ignorant enough to think that the legislation will just roll through without some opposition or some things being taken off or added. But I did not think that people that were on the committee and worked as hard as I did, would be selfish and foolish enough to attack it themselves. But that is what is happening and I am very disappointed. We got an early hearing in the Senate Judiciary Committee. We had several members of the committee testify in favor of the bill. There was one person that testified against. And that person was on the committee. This person did object to a few things during the meetings and voted against a few of the items. But, instead of doing like the rest of us, as I said, I didn’t like every part of it either, and supporting what the committee decided could be passed, he decided to take it upon himself and speak out against it in a public hearing. That is his right and I do not deny him that. I am, however, very disappointed. Right off the bat, we don’t show professionalism and solidarity in trying to clean up our own mess and police ourselves. One of the committee members that went through this whole process, takes it upon himself to try and kill what we have worked so hard for, just because it doesn’t serve him perfectly. But it doesn’t stop there.

Like I said earlier, last session was my first introduction into politics on Capitol Hill. And what a lesson it was. The gentleman that introduced the language last year, had hired a lobbyist. After I got into the fight against it, I was introduced to a lobbyist that worked for another person that had the same goal as I did. I ended up working with this lobbyist the rest of the session, along with many others, to get this language out. Politics are wild enough as it is, throw lobbyist’s in the mix and it gets worse. We were about half way through our meetings of the committee, and I was very excited about the prospects. I was approached by the gentleman that had the lobbyist I worked with last session to see if I would help to hire him this session, to help massage the bill and help it to pass. I agreed that would be a good idea. However, I was not ready to do so just yet. I am glad I didn’t. I have been told that a group was formed to hire this lobbyist, but to massage the bill and help it pass, is not exactly true.

Let me back up. During the meetings, we all had our objections, as I said before, and things we wanted in that did not make it in this time. One General Agent wanted to put in a piece that would make agents turn in all of their paperwork and money and the General Agent would have to sign off before the agent could go to work for another General Agent. There were arguments heard both for and against. A vote was taken and it was voted down. It didn’t stop there. This particular General Agent, called some of the committee members, asking if it could be brought up for a vote again, and if so, would they change their vote. Now, I have a problem with this. I have always been a fan of the democratic process. If you lose a vote, you don’t lobby to have it brought back up for another vote. I was disappointed with this individual. But, he didn’t stop there. I have been told by another agent that heard this directly from the lobbyist that this General Agent helped to pay his fee and they were going to introduce an amendment to our bill with this added language. Now I am severely disappointed. I had a lot of respect for this General Agent. But now, instead of working as a member of the committee, he is self serving, and I have a gut feeling he isn’t the only one, jeopardizing our bill and furthering the view that we are not professional and cleaning up our own mess as we were trying to show.

There is another lobbyist involved. The General Agent that introduced the language last session, as I said before, had hired a lobbyist. We have talked many times recently and I am convinced that his goal is to massage this bill and help get it passed as much in tact as possible. What we should all be striving for as members of the committee that wrote this language. That is exactly what he is trying to do, although, I am not particularly fond of all of the tactics he has used so far. It appears that he has made some comments to one of the judges on the committee that did not set well. It also appears that he made some comments to one of the legislators that got back to one of the committee members that also did not set well. But, other than that, he has done a good job, so far, to help the bill along. But we have a long way to go. (I keep saying bill, but should say language, as it appears the original Senate Bill will not go anywhere and we now have to hope the House Bill with the same language does.) They say politics make strange bedfellows. I find it funny that that the General Agent and lobbyist I considered my mortal enemy last session, I am now working with for a common goal.

That is my take, in a nutshell, about where this industry is, and how it got here. I am very proud and honored to have had the chance to help with what I truly believe to be the best piece of legislation that has ever been offered for the industry as a whole. Like I said, it is not the product of one man or group, but of many facets of people related to our industry. Yes, there are things I don’t particularly like, and there are things that I would like added in the future. Yes, I knew we would have some opposition. I am very disappointed it is coming from within our own committee, and have lost respect for some that are doing this. Hopefully, somehow, we can get this behind us and get this legislation through in tact, or at least as in tact as possible. I have had conversations with some others, including one of the judges on the committee, and if we don’t get this through, god help us. There is a good chance that our industry is in dire straits in this state. We will most likely never get a cross section of people like we had on this committee, to the table again. Especially if it is killed by the greed and self serving actions of people that were on the committee.

I think there is still a chance we can get this through and save our industry. But, we have a long way to go.

Andy Laughlin

Hearing Held: Block Bail Bonds and Moran

2010-01-23T16:36:00.005-06:00

The St. Louis Post-Dispatch printed another article today concerning a hearing held yesterday regarding the of the actions of Block Bail Bonds and pretrial commissioner Mary Catherine Moran. Block’s company was banned Friday from doing business in St. Louis Circuit Court, pending an investigation into unexplained changes in judges' orders. Judge Garvey said his order banning Block is subject to approval from Dowd, the presiding judge. Judge David Dowd has created a committee to examine actions by Moran and bondsmen. The committee will meet on February 3rd.

Moran and her staff make bail recommendations to judges but are not empowered to set bail in felony cases or make changes. The P-D article says that in at least 8 cases, Moran’s office made the changes to bonds without a judge’s approval. In all eight cases, Block’s company wrote the bonds.Moran attended the hearing, as Garvey had requested, but did not testify and there is no report that Moran has been suspended during the investigation.

Friday's hearing was for the sentencing of Jimmy Gibson, convicted Oct. 23 in Garvey's court of possession of a controlled substance. Garvey had set a bond of $50,000 in cash or property after Gibson was convicted and before his sentencing. The judge insisted Friday that he was "very clear" about the conditions. A week later, a Block agent, Daryl Spector, posted a secured bond and Gibson was released from jail after his fiancée paid a $5,000 fee. No record of the bond modification was put into Gibson's court file until the Post-Dispatch began asking questions earlier this year. On Jan. 8, Moran produced a copy of an order authorizing the change, and said Garvey had authorized it by phone. He has since insisted that he did not. Gibson's fiancée, Latrice Ladell testified Friday that a Block agent named Hazel Hammers Varnon told her she could pay 10 percent to get him out. Ladell said she was "surprised," because she knew the bond was set for $50,000 in cash. She said Spector met her at the courthouse, accepted the $5,000 and wrote the bond. Varnon was not called to testify.Spector told the court he first heard about the case when his general agent, Barry Block, asked him to write the bond and told him the amount to charge. Garvey asked, "You had no idea about the background of this bond?" Spector replied, "No, sir." He said the papers were prepared in Moran's office. Court documents show that she signed it."There is something going on here," Garvey said. "It is clear from this woman's testimony that the company knew the bond was going to be changed (before it was). This court wants to find out what happened in this case."

Block's lawyer, Nick Zotos, protested that the move and said that if the bond did not meet requirements, it was the fault of pre-trial release commissioner Mary Catherine Moran's office for accepting it. Zotos vowed to appeal.

STL-PD Article here.

STL Company Suspended During Investigation

2010-01-22T19:52:00.003-06:00

The St. Louis Post-Dispatch reported today that Block Bail Bonds has been prohibited from posting bonds in St. Louis by order of Judge Garvey. The action occurred after the Post-Dispatch reported that eight bonds had been changed to surety without a judge’s authorization. In all the cases, the Block company posted the bonds.

After the newspaper began investigating, the court also began looking into the matter and a complaint was filed with the FBI. Judges looking for answers have focused attention on Pretrial Release Commissioner Mary Catherine Moran, who is to advise them on what bond to set for criminal defendants. She does not have authority to set or change felony case bonds on her own. In the eight cases identified by the Post-Dispatch, judges initially ordered the accused to put up $1,000 to $50,000 in cash for release. A short time later, each was changed to shift terms from cash to secured, or a court official accepted a different bond amount from what was ordered, with no explanation. In every instance, there was no record in the public court files indicating who asked for the change.

In at least one of the cases investigated by the P-D, defendant Jimmy Gibson’s bond was changed from $50,000 cash to $50,000 surety. Judge Garvey said he never authorized the bond change although his name is on a bond reduction order. Mary Catherine Moran, who had signed Garvey's name to the document, told reporters that if he didn't authorize her to do it, then it must have been some other judge but she doesn't remember who.

Read the whole story here:
STL-PD:Blocks Suspended from Writing Bail
STL-PD:Cases Under Investigation

Open Letter-Joining Together as an Industry

2009-12-02T11:17:00.003-06:00

The following is guest commentary submitted by General Agent Ben Hilton of Lebanon, MO.

This letter is my thoughts and beliefs alone; I do not speak for any bond association.

I am writing this to further the warning to the Bail Industry that the opponents to the bail system are increasing their agenda. I truly hope to get the General Agents attention and encourage each and every one of them to get involved in an effort to protect their lively hoods. Personally, I tend to get a little aggravated with the weaknesses of the bail bondsman industry in Missouri.

The Professional Surety Industry as a whole cannot support itself with the bonds that are available currently. The Courts are basically taking advantage of us. They need us and yet do not want us! They are abusing the Bail System; the Surety Bonds presently written today are the cases that have caused problems to the Courts in the past.

We are writing only an estimated one third of the bonds that we were posting a few years ago and our agent numbers have doubled. You don’t have to be Albert Einstein to do the math.

Part of the reasoning for the intentional abuse is due to the 2004 law, it upset the Judges, but they have some guilt in this. It was due to their own inconsistency in court procedures concerning bondsman, and they failed to listen to the Bondsman’s pleas. A very small group, based out of St. Louis, supported and helped pass the 2004 legislation, in the long run, it hurt us all.

Because of that law, the Courts will not give us the support that we need to survive….. maybe it is time to contact them and call a truce of some kind. Let’s show them more respect than we gave them in 2004.

Fewer Professional Surety Bonds are posted today, they were replaced with “Release of their own Recognizance”, “cash only”, “10% to the court Bonds”. These methods of pretrial release experience an extremely high rate of failing to appear in Court.

The Courts are aware of their own statistics, and they are knowingly allowing a large percentage of defendants free without proper assurances to guarantee their reappearance in Court. When a Judge sets a 10% to the court bond, they are deceiving the public. The public falsely believes the defendant is posting a bond ten times larger than the actual amount reported to the community.

It is generally understood that professional bondsman maintain a success rate for their clients appearing in court of at least 98%, and a past study by the F.B.I. reported that Bail Agents apprehended over 70% of all fugitives in the U.S.A.

The Courts in effect, are allowing thousands of open cases to remain in “failure to appear” status, some for years. Needless to say, the Prosecution is postponed while the cases are allowed to deteriorate. Worse, the victims are forced to wait for their own personal closure, and the public is again misled, this time, as to the amount of open cases the court truly has.

Why does it appear that the Courts are seemingly protecting the defendants of a criminal case, over society’s wishes? Using their own numbers, when the Court accepts bail bonds other than a Professional Surety bond, they are already aware that a strong percentage will not come back to court on their own accord.

The Courts should be required to return to utilizing the Professional Surety Pre-Trial release system; it enables the industry to be self supporting, saving the taxpayers millions of dollars. The small misdemeanor bonds had provided a major part of the funding needed to sustain this system, now the public is getting hit with unnecessary expenses. Missouri Law Enforcement Agencies cannot afford Warrant and Fugitive Bureaus to combat this problem.

When the Court accepts a 10% of a bond, they accept the bond from any person who wants to pay the fee and assume the role as surety. They can be a convicted felon, a government employee, a law enforcement officer, an elected official or a bankrupt individual. They can be the defendant’s attorney, who in turn files an assignment on the cash posted for their benefit. (Note this interesting statue: Nothing in sections 374.695 to 374.775 shall be construed to prohibit any person from posting or otherwise providing a bail bond in connection with any legal proceeding, provided that such person receives no fee, remuneration or consideration therefor.) Does this law prevent attorneys from filing an assignment on monies deposited with the court?

Are these bonds ever set to judgment? If so, who is responsible to pay the School System the forfeited funds?

The question is “who and what is the Surety”?
· The defendant?
· Is it the person paying the money and signing the paperwork to indemnify the full amount to the Court?
· Should the Court itself assume the responsibility, for ignoring State Law and accepting bonds from unqualified and unlicensed bondsman?

By what standards do the Courts use to qualify individuals to be able to post 10% to the Court Bonds, by State Statue, there are restrictions being ignored by the Courts. For example;
· 374.702. No person shall engage in the bail bond business as a bail bond agent or a general bail bond agent without being licensed as provided in sections 374.695 to 374.775.
· No judge, attorney, court official, law enforcement officer, state, county, or municipal employee who is either elected or appointed shall be licensed as a bail bond agent or a general bail bond agent.
· Any person who is convicted of a violation of this section is guilty of a class A misdemeanor. For any subsequent convictions, a person who is convicted of a violation of this section is guilty of a class D felony.
· 374.710. 1. Except as otherwise provided in sections 374.695 to 374.775, no person or other entity shall practice as a bail bond agent or general bail bond agent, as defined in section 374.700, in Missouri unless and until the department has issued to him or her a license, to be renewed every two years as hereinafter provided, to practice as a bail bond agent or general bail bond agent.

Just how long will these types of bonds continue? Maybe, the Industry should attempt to get an official Opinion from the Missouri Attorney General!

My personal request to the Department of Insurance’s appointed Committee is the same as I recently wrote, please don’t try to make cleaning up the Bail Industry the priority, please help put surety bonds back on our plate, then together we can fix the problems. The precedence should be;
1. Pass a law allowing Surety Bonds posted will act the same a Cash Bond.
2. Slow down or stop 10% to the Court Bonds.
3. All General Agents should qualify their assets to the Courts, stop the Ten Thousand dollar General, then a lot of the Bail Agents who are causing problems will follow them.

Everyone should agree that General Agents are totally responsible for the professional bail industry in Missouri therefore they should be answerable for the defense of the bail bond profession in Missouri.

Bail agents are an intricate and necessary element of the bail industry, but because of the wasted efforts and great expense in the past to organize them into a unified voice, via a professional bondsman organization, I personally have concluded that the following;

A single Bondsman Association in Missouri is the only answer to save the Industry. We must unify the agents together and become a recognized voice for the industry. The General Agents need to form an Association of General Bail Agents with the bail agents as a sub-group.

If we do not join together now, the professional bail industry in Missouri is over as we know it.

Ben Hilton, GBA
P.O. Box 1857
291 N. Adams Street
Lebanon, MO 65536
417-532-9722

Public Hearing on Bail to be Held in Jeff City

2009-11-07T19:50:00.001-06:00

The following is a press release issued by the DIFP regarding the fourth and final public hearing on the bail bond industry in Missouri.

The state Insurance Department has scheduled four public hearings to review Missouri’s laws and regulations governing the state’s bail bond industry.

John M. Huff, director of the Missouri Department of Insurance, Financial Institutions and Professional Registration (DIFP), has appointed a 15-member committee to assist the department in the review process. The committee consists of members of the Missouri legislature, law enforcement, the bail bond industry and the Missouri court system.

The fourth public hearing will be held in Jefferson City on Nov. 10 from 9 a.m. to noon at the Capitol, House Hearing room #7.

Members of the public and the bail bond industry are invited to speak at the hearing. Please call the DIFP in advance to arrange a speaking time, 573-751-2562.

Bondsmen Under Investigation in Springfield

2009-11-05T15:41:00.002-06:00

Springfield, MO- Police are investigating several bail bondsmen after a family reported that the bondsmen kicked in their door. According to reports filed by KRCG-TV, KOLR-TV, and the Springfield News-Leader, the bondsmen forcefully entered a home with weapons drawn. A woman and three children were reportedly home at the time. They said the bondsmen were looking for a man named Andrew whom the family did not know. News reports indicate that the bondsmen then went to a home next door and a woman left with them. The incident remains under investigation and the names of the bondsmen have not been released.

Next Public Hearing to be Held in Springfield

2009-10-27T17:15:00.003-05:00

The following is a press release by the DIFP announcing the public hearing scheduled for next Tuesday in Springfield:

The state Insurance Department has scheduled four public hearings to review Missouri's laws and regulations governing the state's bail bond industry.

John M. Huff, director of the Missouri Department of Insurance, Financial Institutions and Professional Registration (DIFP), has appointed a 15-member committee to assist the department in the review process. The committee consists of members of the Missouri legislature, law enforcement, the bail bond industry and the Missouri court system.

The third public hearing will be held in Springfield on Nov. 3 from 9 a.m. to noon at the Missouri Department of Conservation building located at 2630 N Mayfair, Springfield.

Members of the public and the bail bond industry are invited to speak at the hearing. Please call the DIFP in advance to arrange a speaking time, 573-751-2562. After hearing public testimony, the committee will meet from noon to 2 p.m.

The last of the four public hearings is scheduled for:
Capitol Hearing room #7 - Jefferson City, Tuesday Nov. 10

House Bill 577, passed by Missouri lawmakers and signed by Gov. Nixon, requires the DIFP to submit survey results to the legislature by Jan. 6, 2010.

Study Committee to Meet in St. Louis

2009-10-25T07:52:00.001-05:00

The next public hearing of the bail bond industry study committee will be held this Tuesday, October 27, 2009, at the MODOT building located at 1590 Woodlake Drive, Chesterfield, MO. The hearings will be conducted from 9:00 am to 12:00 pm.

The DIFP requests that individuals wishing to testify call 573-751-2562 at least one day prior to hearing. Written testimony and comments will also be accepted.

Bail Industry Study Committee to Hold Public Hearings

2009-10-13T07:44:00.005-05:00

The bail bond industry study committee (required by law passed last year) will hold public hearings at the following locations.

October 20, 2009 - 600 NE Colburn Rd, Lee Summit, MO (MODOT Building)
October 27, 2009 - 1590 Woodlake Drive, Chesterfield, MO (MODOT Building)
November 3, 2009 - 2630 N. Mayfair, Springfield, MO (Conservation Southwest Regional Office)
November 10, 2009 - Jefferson City, MO (Capitol)

Hearings will be conducted from 9:00-12:00.

The DIFP requests that individuals wishing to testify call 573-751-2562 to schedule a time and location at least one day prior to hearing. Written testimony and comments will also be accepted.
To receive all information regarding the work of the committee, you can join the list-serve sponsored by the DIFP at this address: http://www.difp.mo.gov/active.php Scroll down to "Bail Bond Study" and enter your email address.

Bondsman Injured in Hit and Run

2009-08-13T16:31:00.003-05:00

Bondsman Brenda Dischbein, of Farmington, was injured last week when she tried to apprehend Norman Forrester. According to the Daily Journal, Forrester has been charged with first degree assault for striking Dischbein with his vehicle.

Forrester stopped his vehicle on a roadway near his residence. Dischbein approached his vehicle to speak to him. Forrester opened the driver’s side door to his vehicle knocking her back. Forrester then put his vehicle in reverse and struck her with the driver’s front fender as he was backing up. Dischbein sustained injuries to the arm and wrist, left ankle and a strained lower back.

Forrester bond is set at $75,000 cash only. At this time, he remains a fugitive.

Pretrial Wants to Abolish Private Bail

2009-07-30T08:38:00.006-05:00

Below is a video clip taken from the NAPSA (National Association of Pretrial Services Agencies) website advertising its annual conference this year called “Game Plan for Change.” The video reviews key speakers at last year’s conference. Rep. Fred Kessler of Wisconsin was applauded when he said, “We can abolish professional bail bonding in the United States.”

PBUS (Professional Bail Agents of the United States) recently alerted its members saying: “…The National Association of Counties (NACo) and the Pre-Trial Justice Institute (PJI) have formed an alliance, funded by the Bureau of Justice Assistance, the U.S. Department of Justice to complete a no-cost technical analysis of current jail population. You know that they will find or create issues of jail overcrowding and that will lead them to recommend the creation of or expansion of a PTR program. (PBUS interpretation: GET RID OF THE BAIL AGENT!)”

Out of State Bounty Hunters Arrested in MO

2009-07-29T12:54:00.005-05:00

Two bounty hunters from Mississippi are scheduled to be arraigned today in Scott County, Missouri, after being charged with engaging in fugitive recovery without a license. Timothy Fugate (pictured at right) and Jeremy McNeil are both featured on their website, http://www.fugitiveapprehensionteam.com/, advertising their services for fugitive recovery. Both also claim to be law enforcement officers.

According to this report on KFVS-TV, the men hit the wrong house in Sikeston, Mo, in the middle of the night, searching for a fugitive. Weapons were drawn and the two men were later arrested by local authorities after the home owners called 911.

Fugate and McNeil posted $1,000 bonds for unlawful acts under RSMO 374.789, a class D felony.

KC Bondsman Charged

2009-07-25T07:33:00.001-05:00

According to this report at KCTV-5, bondsman Michael Knight, of Kansas City, faces a felony charge of unlawful use of a weapon and a misdemeanor charge of assault 3rd degree. The report states that Knight had a concealed weapon, although his conceal permit was expired. The charges were filed after Knight allegedly assaulted a 19 year old man while trying to repossess his vehicle. Additionally, the article stated that Knight was repossessing the wrong vehicle as the VIN did not match.

Knight posted a $15,000 surety bond through his general agent, Frank Kincaid.

AR-Judges Ban Credit Bonds, Use 10% Bonds

2009-06-23T07:34:00.001-05:00

The issue of credit bonding has been ongoing discussion in Arkansas for several years. Yesterday, the Arkansas Democrat Gazette reported that the issue has now prompted a federal lawsuit and crippled the Saline County bail bond businesses.

Every judge in Saline County signed a court order earlier this year banning credit bonding. Then earlier this month, the sheriff's office began collecting 10% cash-bonds, (called sheriff’s bonds). The 10% bonds provide a new revenue source for the county because Arkansas law allows the county to keep 10% of the amount collected as a processing fee.

Bondsman John Chism has filed the federal lawsuit against every judge in the county, the prosecutor, the sheriff and the jail chief, saying the ban and the use of sheriff's bonds on felony cases have effectively stripped his company of its license without due process, resulting in a civil-rights violation.

Financing the bail bond premium has long divided bail-bond companies and the legal community. Judges, lawmen and prosecutors often argue that suspects charged with serious crimes are sprung from jail after paying too little. There is also debate about whether state law forbids credit bonding. Arkansas law says the "premium or compensation for giving bond or depositing money or real property as bail on any bond shall be ten percent (10%), except that the amount may be rounded up to the nearest five dollar amount." The law is silent on when the premium is required to be collected.

Upset by financed premium, Pulaski County deputy prosecutor Barbara Mariani subpoenaed records to find out how three particular defendants got out of jail despite hefty bails. In 2006, a convicted killer awaiting trial on a new murder charge was freed on a $250,000 bond. She wondered how Armon Houston, who was assigned a public defender after claiming he was indigent, came up with $25,000 - the 10 percent premium. Mariani learned Houston was freed after someone posted just $3,000 bond. Records didn't indicate that the remaining $22,000 was ever paid, Mariani said. "There's no contract, no monthly payments," she said about the bail-bond records she's reviewed. So even though some companies say they are arranging financing, they appear to be just discounting the bond. That's illegal, Mariani said. This issue has prompted Mariani to ask judges on more serious cases to require the full 10 percent premium upfront.

Services for Glenn Beazley

2009-06-22T16:38:00.004-05:00

Our friend and colleague, Glenn Edward Beazley, 51, of Jefferson City, passed away Sunday, June 21, 2009, at St. Mary’s Health Center.

Glenn was an agent and supervisor for Peak Bail Bonds. Glenn previously worked in law enforcement. He was the youngest police officer in Missouri history. He started as a police officer in Bland and Hermann, Missouri in 1976. He also worked for the Jefferson City Police Department and the Cole County Sheriffs Department. He was a Lieutenant in charge of the Cole County Narcotics Task Force. Glenn taught a concealed weapons course and was a specialized instructor for law enforcement and various agencies. He owned Monitored Release House Arrest. He enjoyed hunting, fishing and looking for arrowheads. Most of all, Glenn enjoyed spending time with his family.

He is survived by his wife Janet and four children: Katlyn, Kelly, Austin, and Haylee. He is also survived by his father: William Beazley of Jefferson City; one brother: Terry Beazley of Wardsville; one sister: Jan Shields (husband Eddie) of Alton, Missouri; two brother-in-laws: Nathan Ament and Matthew Ament both of Jefferson City.

Friends will be received from 4:00 p.m. to 8:00 p.m. Thursday at the Houser-Millard Funeral Home. Funeral Services will be held at 11:00 a.m. Friday, June 26, 2009, at the Houser-Millard Funeral Home, with Joe Bonchonski officiating. Interment will follow in Hawthorn Memorial Gardens. Expressions of sympathy may be made to the Glenn Beazley Children’s Educational Fund. Arrangements are under the direction of HOUSER-MILLARD Funeral Directors, 2613 West Main Street; Jefferson City, Missouri 65109. (573) 636-3838.

Redburn Guilty of Theft

2009-06-16T07:04:00.001-05:00

Bondsman Jackie Covey Redburn entered two guilty pleas to possession of burglary tools and Class B stealing. Redburn and her husband, Aaron Redburn, were arrested last year in Dade County for trying to steal ATVs from S&H Farm Supply. Redburn was given five years supervised probation, with a suspended imposition of sentence.

Just a few weeks before the plea, Redburn renewed her bail bond license. The DIFP and Redburn entered into a consent agreement that if Redburn was found guilty in any of the charges against her, she would voluntarily surrender her license within five days. Redburn’s license is now listed as cancelled.

Fox 2 Airs Story on Felons in the Industry

2009-06-16T06:48:00.001-05:00

Fox 2 , St. Louis, recently aired another story concerning the bail bond industry in Missouri. The reporter interviewed Jerry Cox and former MO Representative Bob Behnen about their roles in passing the Lee Clause, which allows felons who have been convicted more than 15 years ago to be licensed as bail bond agents.

Cox and Lee Jackson were both members of MPBBA, the organization who lobbied for the felon provision. Ten months after the bill became law, Jackson tried to murder Cox. The reporter asked Cox, "The fact that somebody who sat on the board with you ended up trying to kill you - doesn't that prove these guys have no business in the industry?" Gerald Cox answered, "That's kind of the exception of the of the - the exception if you will. I did oppose that, the particular section of the bill. I was out voted."

Regarding the licensing of convicted felons, Behnen said, "We have a lot of people in prisons and when these people get out do we want to create another obstacle for them to get a job to get a good paying job, where they can provide for their families and hopefully stay away from a life of crime."

Bondsman Files Suit Against Police Department

2009-06-06T08:28:00.003-05:00

General bail bond agent Gerald Cox, and his son, James Cox, have filed a federal lawsuit against the City of Maryland Heights, its police chief, and two of its officers. The 12 count complaint alleges defamation, slander, malicious prosecution, violation of civil rights, and tortuous interference. The lawsuit was filed in US District Court, St Louis.

The Cox men were investigated and arrested last fall by the Maryland Heights Police Department after four bounty hunters apprehended a fugitive, Leah Pinion, and her cosignor and boyfriend, Lance Peabody. The two were apprehended in a hotel and were transported to Cox’s office. Peabody’s car was also transported to the office. Several months later, the police charged Jim and Jerry Cox with burglary, kidnapping, tampering with a motor vehicle, and stealing. James Cox was additionally charged with unlawful conduct as a surety recovery agent, and Jerry Cox was additionally charged with fail to inform law enforcement of apprehension. The charges against both men were dropped earlier this year.

After their arrests, Gerald Cox and Cox Bail Bonds was suspended from writing bonds in the City of St. Louis and several other jurisdictions. The lawsuit alleges a loss of income of $174,000.

The complaint states that neither James nor Jerry Cox had instructed the bounty hunters to apprehend Lance Peabody and that neither were aware that it was occurring until after it happened, and that a valid contract existed for the payment of the bond fees charged to Lance Peabody, and paid by Peabody’s mother, Arlene Taylor. A separate written contract explaining the relationship between the bounty hunter and Cox, Inc. was also shown and explained to the detectives. The complaint also alleges that Maryland Heights Police Department further discovered that the bounty hunter and those assisting him were indeed independent contractors, and that neither Gerald nor James Cox had known what was occurring at the LaQuinta Hotel until after it had happened. The complaint further alleges that no factual basis or legal probable cause existed to seek or obtain criminal charges against Gerald or James Cox for the events which occurred at the LaQuinta Hotel, nor was there a factual basis or legal probable cause to seek or obtain criminal charges regarding the contract between Peabody and Cox, Inc.

New Coverage:
Riverfront Times
STL Post Dispatch

Previous Posts:
Charges Dropped Against Cox 5/1/2009
Cox Case in RFT 12/10/2008
Cox Case in STL Post Dispatch 11/27/2008
Bondsman Charged 11/26/2008

FBI Charges Bondsmen & Clerk

2009-05-17T08:44:00.002-05:00

According to this press release from the FBI, two bondsmen and a municipal court clerk have been indicted in federal court for altering court records. The indictment alleges that Wichita, Kansas Municipal Court employee, Kaylene Pottorff took bribes to change court records for the benefit of bonding agents Alicia Bell and Jessie Garland.

According to the indictment:

Pottorff worked as a collections officer for the Wichita Municipal Court. During a period from March 2004 through April 2008, she changed and removed data from the court’s computerized records system for the benefit of co-defendants Alicia Bell and Jessie Garland.
Pottorff accepted bribes from Bell and Garland, both of whom worked as bondsman agents, for falsifying the court’s computerized records.
On multiple occasions, Bell used fraudulently altered lists of active bonds from court records, together with false and fraudulent jail booking forms she created, to defraud her mother, Pearl Neal, AAA Bonding Company, and others.
On multiple occasions, Garland used fraudulently altered lists of active bonds from court records to defraud B&J Enterprises and Larry Hiebert, the bondsman and surety company on Garland’s bonds.

The investigation, which is ongoing, is being conducted by the FBI, the Wichita Police Department and the U.S. Attorney. Assistant U.S. Attorney Brent Anderson and U.S. Attorney Lanny Welch are prosecuting.

SB464 Substitute Passed

2009-05-13T12:52:00.004-05:00

A conference committee substitute for SB464 was passed by both the Missouri Senate and House of Representatives. A late night negotiation last Monday between committee chairs Senator Bill Stouffer and Representative Brian Yates resulted in a compromise which stripped all of the bail bond language from the bill and instead inserted language directing the DIFP to conduct a study on the bail bond industry.

The language says:

During the legislative interim between the first regular session and the second regular session of the ninety-fifth general assembly, the Missouri DIFP shall conduct a study regarding its licensing rules and other policies and procedures governing the bail bond industry within the State of Missouri. The department, in its discretion, may hold public hearings within the state and permit testimony and input from surety insurance companies, general bail bond agents, bail bond agents, legislators, law enforcement agencies, officials from the department, and other interested parties. If public hearings are held, the director shall provide notice to all licensees licensed under sections 374.695 to 374.789 of the date, time, and location of such public hearings. The department shall submit a report of its findings and recommendations to the house representatives and senate insurance committees no later than January 6, 2010.

Previous Posts
House Passes SB464

Vinson Tells About Fugitive Incident

2009-05-08T07:14:00.004-05:00

Bondsman Dave Vinson granted an interview with the Lake Sun Leader. After being found guilty of two misdemeanor offenses involving a fugitive recovery incident, Vinson told his side of the story.

Vinson told the Lake Sun Leader that he and another bondsman, Jason Dampier, had located fugitive Ronald Brown in a vehicle in Versailles. Brown turned onto a dead end street. Vinson said Dampier got out of the car and walked up to Brown’s vehicle, asking him to get out. Instead Brown threw the car into reverse and attempted to back over Dampier. Vinson said Dampier told him he heard the gears shifting and because of that was able to narrowly escape being struck by diving behind their own vehicle. Vinson had his Glock 22 .40 caliber pistol drawn. Brown pulled the car forward, this time over lawns, attempting to find a way out of the dead-end. Vinson said he fired off one round, shattering the back window of the SUV. “I fired at a location where I knew I wasn’t going to hit him. I hoped the sound of the gun, of the bullet, would scare him into stopping before someone got hurt,” Vinson said. With at least 20-feet now between them, Brown attempted to back up over Vinson and Dampier again, Vinson said. It was enough room to do real damage if Brown managed to strike his targets. This time, he managed to drive away.

Previous Posts
Vinson Found Guilty of Misdemeanors
Lake Sun-New Info on Fugitive Case
Bondsman Held After Shots Fired

Two Men Plead Guilty in Home Invasion

2009-05-02T08:42:00.003-05:00

Former bondsman Thaddeus Bibb entered a guilty plea last week in Jefferson County to charges related to a fugitive recovery incident. Bibb, two other bondsmen, and two unlicensed men were arrested in 2007 after forcing entry on a wrong house in Jefferson County. The couple living in the house, Garth and Melissa Myers, called police and the five men were arrested. Bibb failed to appear for bench trial last December and remained a fugitive until March. He was surrendered and held on a capias bond until his plea hearing last week. Four of the charges against him were dismissed, and according to casenet he entered a plea of guilty to felonious restraint, armed criminal action, and burglary. He is scheduled to be sentenced on June 29th.

Three of the other men, Rudolph Whiston, Brandon Morgan and Steven Morgan have also been sentenced. Last week, Rudolph Whiston pleaded guilty to two counts of felonious restraint and property damage. He was placed on five years probation. Earlier this year, former bondsman Steven Morgan pleaded guilty to felonious restraint, armed criminal action and property damage. The judge sentenced him to five years in DOC and suspended execution of sentence and placed him on five years supervised probation. Steven Morgan is no longer licensed as a bail bond agent after he let his license lapse. Brandon Morgan pleaded guilty to two counts of felonious restraint and acting as a surety recovery agent without a license. Brandon Morgan was sentenced to three years in DOC, execution of sentence was suspended, and he was placed on five years supervised probation.

Bondsman Randall Avett is scheduled to go to trial in July.

The Myers have filed a civil action against all five men, AAA Bail Bonds, and Rick Adams.

Story on KSDK
Previous Posts
Bibb Wanted for Failing to Appear
Three Bondsmen Arrested

Vinson Found Guilty of Misdemeanors in Fugitive Case

2009-05-02T07:45:00.004-05:00

Bondsman David Vinson was found guilty of two misdemeanor offenses, 3rd degree assault and property damage, in a fugitive recovery incident in Morgan County. Vinson had originally been charged with five felonies. The Lake Sun Leader reported that Vinson shot at a vehicle, shattering the back glass. The initial news accounts reported that defendant Ronald Brown, 25, was facing multiple charges passing bad checks and driving with a suspended license. He was scheduled to appear in court. Versailles Assistant Police Chief James Burkhart said Brown had sent a 'significant other' into court for him to make an excuse why he couldn't be there while Brown was outside in his vehicle circling town. When Vinson found him, they took off in a car chase through Versailles, Burkhart said. Vinson managed to corner Brown on a dead-end street. There was yelling, Burkhart said, which prompted nearby residents to call police. Vinson fired his gun at Brown's vehicle. Vinson said that the vehicle had been backing toward him and he acted in self defense. As officers were arriving, Brown escaped by driving through a resident's yard.

Snyder's Case Dismissed

2009-05-02T07:37:00.002-05:00

Charges against bondsman Bill Snyder have been dismissed. Snyder was charged last fall with forging a power of attorney for a bail bond executed under Ben Hilton’s authority in Camden County.

Bail Bond Language in HB577

2009-05-01T18:06:00.004-05:00

Yesterday, bail bond language appeared in the fourth bill this session. Executive session was held on HB577 and the committee voted to insert the bail bond language into an existing bill heard by the committee. The bill will next go to the full Missouri Senate for a vote. The bill language modifies existing law as follows:

In addition to the existing statutes concerning the minimum qualifications for bail bond licensure, the applicant must:

For a general bail bond agent licensed prior to August 28, 2009, the applicant or, if the applicant is a corporation, each officer of the corporation has completed at least two years as a bail bond agent and the applicant possesses liquid assets of at least ten thousand dollars, along with an executed assignment of ten thousand dollars to the state of Missouri;

For a general bail bond agent licensed on or after August 28, 2009, the applicant or, if the applicant is a corporation, each officer of the corporation has completed at least four years as a bail bond agent and the applicant possesses liquid assets of fifty thousand dollars, along with an executed assignment of such fifty thousand dollars to the state of Missouri.

The general bail bond agent shall execute an assignment to the state of Missouri in the amount of five thousand dollars for each additional bail bond agent newly licensed under the authority of the general bail bond agent on or after August 28, 2009; except that, the general bail bond agent shall not be required to assign five thousand dollars for any agent licensed under the authority of the same general bail bond agent prior to August 28, 2009.

The assignments required by this section shall become effective upon the applicant violating any provision of sections 374.695 to 374.789, and shall be in the form and executed in the manner prescribed by the department. The director may require by rule conditions by which additional assignments of assets of the general bail bond agent may occur when the circumstances of the business of the general bail bond agent warrants additional funds; except that, such additional funds shall not exceed fifty thousand dollars.

374.755 The department may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any license required by sections 374.695 to 374.775 or any person who has failed to renew or has surrendered his or her license for any one or any combination of the following causes:… (2) Final adjudication or a plea of guilty or nolo contendere in a criminal prosecution under any state or federal law for a felony or a crime involving moral turpitude. A suspended imposition of sentence is not required to be disclosed for licensing or renewal purposes and shall not serve as a basis for denial of licensure.

(This bail language also appears in SB464. See earlier post.)

SB464 Passed by House

2009-05-01T07:21:00.001-05:00

Yesterday, SB464 was passed by the Missouri House of Representatives with a vote of 129-15. The bill then was taken up by the Senate and they did not approve the changes made by the House. The bill will be taken up again by the House, who will recede or grant a conference committee on the bill changes. Both chambers will then have to approve any recommendations made by the conference committee.

The major bail bond provisions of this bill are:

1) The Lee Clause is repealed, but this version of the bill specifically details that an SIS is not considered a conviction, is not required to be disclosed, and shall not serve as a basis for denial of licensure.

2) Requires that an agent be licensed for 4 years before becoming eligible to become a general agent or the officer of a bail bond corporation.

3) Requires general agents licensed after August 28th, to assign a $50,000 CD.

4) Requires general agents to assign a $5,000 CD for each new agent licensed after August 28th. In this bill, the language has been clarified to exclude the $5,000 CD for any agent working before or on the date the bill becomes law.

Charges Dropped Against Bondsmen and Bounty Hunters

2009-05-01T06:54:00.003-05:00

The St. Louis Post Dispatch reports that all charges against Gerald Cox and his son, James Cox, have been dismissed. According to the report, criminal charges were also dropped against Morris A. Davis and Kevin Grillion. Charges were still pending against two others, Dennis Weatherford and Erik A. Nolan.

James Cox is quoted in the article, “My father and I maintained our innocence from the beginning. Due to professionalism of the St. Louis County prosecutor's office, they saw our way."

SB464, Bail Language

2009-04-27T06:54:00.002-05:00

Bail bond language appeared in another bill last week, SB464. It is similar to the language in the HB628 and HB777, with several new language changes.

1) The Lee Clause is repealed, but this version of the bill specifically details that an SIS is not considered a conviction, is not required to be disclosed, and shall not serve as a basis for denial of licensure.

2) Requires that an agent be licensed for 4 years before becoming eligible to become a general agent or the officer of a bail bond corporation.

3) Requires general agents licensed after August 28th, to assign a $50,000 CD.

4) Requires general agents to assign a $5,000 CD for each new agent licensed after August 28th. In this bill, the language has been clarified to exclude the $5,000 CD for any agent working before or on the date the bill becomes law.

This is a Senate bill which was amended in the House Insurance Committee. The bill is currently in the Rules Committee.

Bounty Hunters are Not State Actors

2009-04-09T06:29:00.001-05:00

The US Court of Appeals, Tenth District, recently handed down a decision regarding bounty hunters. The court was asked to rule on whether bounty hunters constitute state actors for purposes of the Fourth Amendment when they conduct a search in the course of seeking out a bail jumper. The bounty hunters apprehended a fugitive at the home of his girlfriend. During the apprehension, the bounty hunters noticed a loaded firearm, meth, and drug paraphernalia. The bounty hunters then called the police and the fugitive was additionally charged with the drugs and firearm. On appeal, the defendant claimed that the search of his girlfriend’s home was not a legal search, because the bounty hunters were state actors. The appeals court ruled that the search and discovery of the weapon and drugs was not a state action. The court applied a two-prong test to determine if the bounty hunters were state actors:

1) Whether the government knew of the bounty hunter’s conduct
2) Whether the party performing the search intended to assist law enforcement efforts or to further his own ends

The court ruled that “the police in no way instigated, orchestrated or encouraged the search” and only knew about the search after the fact and the bounty hunters were there on a legitimate, independent action and not to assist a law enforcement effort.

Bail Bond Language Now in HB777

2009-04-03T12:13:00.006-05:00

The Insurance Policy Committee, chaired by Rep. Brian Yates, recently added the bail bond language contained in HB628 to an insurance bill, HB777. The bill was reported out of committee yesterday. After a bill is reported out of the committee, it makes its way to a full vote of the chamber. The bail language in the bill seeks to:

Raise the CD requirement to $50,000 for any new general agent who becomes licensed after 8/28/2009, and additionally requires that “the general bail bond agent shall execute an assignment to the state of Missouri in the amount of five thousand dollars for each bail bond agent licensed under the authority of the general bail bond agent on or after August 28, 2009." The bill also seeks to repeal the Lee Clause, which would delete the 15-year look-back on felony convictions.

The following is my opinion of the bail bond language contained in HB777, formerly known as HB628. I respect Bail Bond Agent Cooper for his tenacity in writing a bill and stepping up to offer a solution. With that said, here is what I think about the specific language:

I support the section of the bill which offers the repeal of the Lee Clause. I think it is reprehensible that a man like Lee Jackson, who served 20 years for 8 felony convictions, was eligible to get a bail bond license.

I do not understand the language in Cooper’s bill in which he amends the current language to say: "(A) bail bond agent shall hold the license for at least four years prior to owning or being an officer of a licensed general bail bond agent.” Does this mean that after possessing a bail bond agent’s for 4 years there is a provision in which you can “own” a general agent? How does one do that? I had hoped the language would have been clarified to say that one must possess an agent’s license for 4 years before becoming eligible to apply for a general agent’s license or becoming eligible to be a corporate officer of a licensed bail bond corporation.

New general agents licensed after August 28, 2009, must possess liquid assets of fifty thousand dollars, along with an executed assignment of fifty thousand dollars to the state of Missouri. The bill does not define what is considered “liquid assets of $50,000”and does not specify who determines the sufficiency of the liquid assets. The bill states that in addition to the “liquid assets,” one must execute an additional assignment of $50,000. Financial experts classify liquid assets as cash or any asset that can be converted into cash within a period of twenty days with little or no loss in value. Money in bank accounts, money market funds, and US Treasury bills are examples of liquid assets. Stocks, bonds, mutual funds, and real estate are not generally considered “liquid.” The fine print could certainly be interpreted to mean a general agent must possess $100,000 in cash-type assets in addition to any fixed assets the general agent may pledge to the local court.

The $5,000 per agent provision seems ambiguous to me. The provision says: “(T)he general bail bond agent shall execute an assignment to the state of Missouri in the amount of five thousand dollars for each bail bond agent licensed under the authority of the general bail bond agent on or after August 28, 2009.” Although I have been told that the intent of this provision is that any general agent, who signs a new agent after August 28th, will have to deposit $5,000, the provision could be interpreted to mean that all general agents in the state could be required to deposit $5,000 for each agent licensed on the date the bill becomes law.

Without careful crafting of new law, vague language can lead to unintended consequences. I hope those responsible for spearheading this bill will recognize that results are what you expect, and consequences are what you get.

Consultant Says Bondsmen are Parasites

2009-04-03T06:50:00.004-05:00

The Springfield News-Leader recently published a follow-up report on the county’s backlog of outstanding warrants and the proposed termination of the book-and-release program. As previously discussed, Greene County has a backlog of 19,000 outstanding warrants. Several proposals have been suggested to address this problem. The book-and-release policy, enacted in 2005, allows some suspects to be booked and then released pending application of warrants. Critics of the program say that outstanding warrants have skyrocketed and criminals are released before the ink can dry on their arrest reports.

Greene County retained a consultant from California, Alan Kalmanoff, to review the county’s judicial system. While Judge Conklin suggested the suspension of the book-and-release policy which allows low-level offenders to leave the jail after they are booked without posting bonds, Kalmanoff does not think restoring these bonds in Greene County is the answer to the problem. He described bondsmen as "a parasite on the county's criminal justice system. They get nobody to come to court that wouldn't come anyway, and they catch virtually nobody that doesn't come to court."

Bondsman Rick Arnall was interviewed by the reporter and said that he disagreed with Kalmanoff’s assessment and said, "It's all about accountability. If you've got this person out on bond, our people are gonna be there.” He also added that when the defendant does not show up, bondsmen do go find them and return them to the court’s jurisdiction.

In a previous article, Judge Conklin said that bondsmen provide a needed accountability -- ensuring the majority of their customers meet court dates and don't abscond --that outweighs other concerns. "The bond system is not perfect," he said...."But they provide a service to the community at no cost for taxpayers."

Previous Post
Greene Co. Bond Policy Reconsidered

Hearing Held on HB628

2009-04-02T19:29:00.003-05:00

A hearing was held yesterday on HB628. Two people testified on the bill, Bart Cooper speaking in favor and Marilyn Turner speaking in opposition.

The bill seeks to raise the CD requirement to $50,000 for any new general agent who becomes licensed after 8/28/2009 and requires a $5,000 CD assignment by the general agent for each new agent licensing under his/her authority after 8/28/2009. The bill also seeks to repeal the Lee Clause, which would delete the 15-year look-back on felony convictions. See the full bill text here. (New language is in bold print, while proposed deletions are bracketed.)

If you would like to comment on any provision of HB628, it is now in the Professional Registration Committee. The committee will hold executive session on the bill at a later meeting. The committee could pass the bill as it is currently worded, amend the bill, or take no action on the bill. For a quick refresher, here is a flowchart on how a bill becomes a law.

Experienced Bounty Hunters Profiled

2009-03-17T07:36:00.003-05:00

Utah-An interesting article about bounty hunting was recently printed in The Standard-Examiner of Ogden, UT. Steve Mills, who has been in the business twelve years, and Hyrum Lambert, who has been in the business six years, said that business is becoming more dangerous. Mills said that in the first few years he never had to draw his weapon, but now he must be more cautious because more people have become aggressive during pickups. They attribute some of the increased aggression to the use of methamphetamine. The team also said that they have only had to kick in one door in since they began working as bounty hunters.

The bounty hunters shared a few of their trade secrets. They said that action takes a back seat to strategy, disguises and trickery. "Especially men are stupid for a pretty face," Lambert said. He has a host of online profiles on social network and dating sites that present him as a pretty woman just looking for a nice man to date. He uses the profiles to groom the bail jumpers and learn their locations.

Read the whole interview here along with an eleven minute video.

Fox 2 Airs Story on Bail Industry in MO

2009-03-13T13:26:00.002-05:00

Channel 2-Fox News aired a story last night concerning the bail bond industry in Missouri. The report featured a fugitive recovery agent kicking in a door to look for a fugitive. Later, the report looked into the Lee Clause and its effects on the industry. The report detailed the MPBBA’s role in drafting the 15-year felon provision in legislation to allow Lee Jackson to be eligible to become a general bail bond agent The report stated “But the State of Missouri trusted violent felon Virgil Lee Jackson after he pushed for a new law five years ago. It allowed felons to be bail bondsmen. The felony just has to be older than 15 years and Jackson's offenses including two burglaries, unlawful use of a weapon and a first degree robbery were all more than 20 years ago.…So why did Missouri Legislators listen to a felon like Jackson? At the time, he was part of the Missouri Professional Bail Bond Association. According to MO records, the Association, and its members, contributed at least $1,300 to the bill's sponsor - former Missouri Representative Robert Behnen. The new law is even known today as the Lee clause -- named after Lee Jackson.”

News from Other States

2009-03-12T07:47:00.006-05:00

AZ-Channel 5-KPHO of Phoenix, reported that bondsman Dana Schnell set up a successful sting operation to "con" a con man into custody after he failed to appear on the $70,000 bond posted by Schnell. The fugitive is accused of cheating more than 20 people out of hundreds of thousands of dollars in a mortgage scam.

Schnell convinced fugitive, Jeffrey Herald, that he was an old family friend and was willing to loan Herald some much needed cash to go to Las Vegas. Schnell agreed to meet Herald at his daughter's apartment then drive to the bank to hand over the cash. When they stepped out of the car authorities moved in and arrested Herald. Scnell told reporters, "When we got out and detectives pulled up his face expression was unreal. I'm sure it is the same expression as other people he conned when they found out they were not getting money."

NC- WRAL, in Raleigh, North Carolina, hosted a segment in which viewers could ask questions of Mark Cartret, president of the North Carolina Bail Agents Association. Some of the submitted questions included: How do bonds work? Is your job really like on TV? Can you carry a gun? Read the full interview here.

FL-The Orlando Business Journal reports that Florida bondsmen are upset that about $3 billion of the $787 billion federal stimulus bill will be spent on expanding the pretrial release system. “You have a private industry in Florida that doesn’t cost taxpayers a dime, and you’re going to replace that with a government-run program using tax dollars?” said Mike Snapp, owner of Mike Snapp Bail Bonds in Orlando. Debbie Jallad, president of Orlando-based Accredited Surety & Casualty Co. Inc., said dedicating more funds to government pretrial release programs is a poor use of taxpayer dollars when the budgets of other programs are being cut.

MN-Two Minnesota bondsmen have been charged with felony burglary and four related misdemeanor offenses for entering a home and handcuffing the wrong person. According to a report from the Rochester Post-Bulletin, the two bondsmen knocked on the door and handcuffed the man after he opened the door. According to police, the bondsmen were looking for a 26-year-old black man; however, the man they handcuffed was a 57-year-old white man. The bondsmen released the man after neighbors confirmed that they had the wrong man and the man they were looking for had never lived in the apartment.

CO-News Channel 7, in Denver, reports that a bondsman was arrested for criminal trespass for kicking in the door of a reported bond co-signer. According to the report, police say the apartment is leased by a co-signer of a bond, but that co-signer doesn't live with the wanted parties and that co-signer was not home at the time of the incident.

MS-Seven Bondsmen Charged with Kidnapping, Robbery

2009-03-03T10:30:00.005-06:00

Mississippi-A bizarre bail bond story is developing in Picayune, MS. The story began back in December 2008, when a bail bond agent and a convicted felon were arrested for allegedly committing armed robbery while returning a defendant to jail. According to an article in The Picayune Item, licensed agent Elisha Bourgeois, and an unlicensed convicted felon, Kenneth Maynard, robbed bail bond client Mark Harris of $50 at gunpoint after apprehending him for a warrant. The company owner, Anita Carol Pearson, said that a receipt was given for the money and the money was seized as bounty hunting fees. Investigator Donnie Saucier disagreed saying, “Any time money or goods are taken from a person by force and against their will, it’s robbery, if people want to leave receipts for their robberies, then that fine with us.”

After the story ran in The Picayune Item, four other alleged victims came forward and reported similar stories of being kidnapped, at times with the use of a weapon, handcuffed and robbed of money and belongings. In January, a search warrant was obtained and Pearson’s bail bond company, A-1 Outlaw Bonding.

In February, Pearson, six of her agents, and Kenneth Maynard were arrested. Anita Carol Pearson was charged with accessory before the fact kidnapping, felony conspiracy to commit extortion, felony extortion, conspiracy to commit grand robbery, accessory before the fact armed robbery, conspiracy to commit kidnapping, misdemeanor extortion and accessory before the fact felony extortion. Bondsman Sean Bourgeois was charged with conspiracy to commit robbery and robbery. Bondsman Edward Johnson Jr. was charged with kidnapping, misdemeanor extortion and conspiracy to commit kidnapping. Bondsman Mack Pearson was charged with misdemeanor extortion and kidnapping. Bondsman Kevin Spiers was charged with conspiracy to commit kidnapping and kidnapping. Bondsman Kevin Pearson was charged with felony extortion, kidnapping, conspiracy to commit extortion and conspiracy to commit kidnapping. Bondsman Elisha Bourgeois was charged with kidnapping, conspiracy to commit kidnapping and conspiracy to commit armed robbery. The unlicensed felon, Kenneth D. Maynard, was charged with kidnapping, conspiracy to commit kidnapping, conspiracy to commit armed robbery, and also arrested in December for armed robbery stemming from the same investigation.

According to the most recent article in The Picayune Item, company owner Anita Carol Pearson was additionally charged last week with conspiracy to intimidate a state witness after allegedly attempting to pay an inmate to cause physical harm to another inmate, Mark Harris, who was the initial witness in the case against her. Chief Investigator Saucier said the investigation into the most recent charges against Pearson began when he was contacted by a confidential source inside the jail who told him that Pearson had asked the source to cause Harris “bodily harm.” Two recorded phone calls involved conversations between the informant and Pearson concerning causing bodily harm to the witness in exchange for money, Saucier said. Later, investigators sent in another informant wearing a wire to talk to Pearson. Allegedly, Pearson asked the informant if she was wired or if she worked for the Sheriff’s Department. According to Saucier, after the informant indicated she was not wired nor worked for the Sheriff’s Department, $100 was given to the informant in exchange for “bodily harm” to be done to Harris.

Now this is where things get really bizarre. According to the report in The Picayune Item, Pearson was taken before Justice Court Judge Nell Y. Cowart for her initial appearance. Judge Cowart reportedly became irritated that Pearson was in shackles and asked three different law enforcement officers to remove the shackles saying, “Carol is not a criminal. She’s not going to stay here another night, that’s all I got to say.” When the officers refused to remove the shackles, Judge Cowart asked Pearson if she minded that the shackles remain on as the proceedings took place. Allegedly, just before Judge Cowart went to swear in Investigator Saucier as a witness, she told him she knew he was going to tell her a lie, and then proceeded to swear him in. According to the article, Saucier did not respond to the comment by Judge Cowart and proceeded with his testimony. Judge Cowart set Pearson’s bond at $5,000. After Pearson was escorted out of the courtroom, Judge Cowart apologized to the chief deputy and Saucier for “bucking the system."

When I read the news report, I was so stunned by the judge's bias and partiality toward a litigant and disrespect toward a witness, I decided to look up Judge Cowart’s history. She was re-elected to her present position in 2007 in an unopposed election. In 2006, Judge Cowart was issued a public reprimand, suspended for 30 days, and fined by the Mississippi Supreme Court for violations of the Code of Judicial Conduct for Mississippi Judges. The court held that Judge Cowart committed misconduct by having ex parte communications with parties to a criminal case and ticket fixing.

KC Couple Allege Forced Entry on Wrong House

2009-03-01T09:18:00.003-06:00

KCTV-Channel 5, of Kansas City, reported that three bounty hunters kicked in the wrong door in the middle of the night last week. According to the report, Brandon Conner, his wife and four children said that three men claiming to be police pounded on the door of their house while Conner called 911. Conner said the men then kicked down the door, searched through the house and then quickly left.

According to the report, the bounty hunters were looking for a fugitive who lived at the address four months earlier. Police say the bounty hunters represented ASAP Bail Bonds, Inc. The report does not identify the three men and whether they were licensed.

ASAP Bail Bonds, Inc. is a licensed bail bond corporation. According to Missouri Secretary of State’s website, the president is Raymond Plante, a licensed bail bond agent. The secretary is John Garrett, who is not licensed according to DIFP online records. ASAP is qualified in the 16th Circuit to write bonds under Roche Surety and Casualty Co, Inc.

The Conners said they want stricter laws to avoid mistakes like this one and an apology.

New DIFP Director Confirmed

2009-02-21T07:40:00.002-06:00

A press release posted on the DIFP’s website announces that John M. Huff has been confirmed by the Missouri Senate to become the Director of the DIFP.

Mr. Huff earned his bachelor's in business administration at Southeast Missouri State University. In May 1987, he earned an MBA at St. Louis University, and he graduated from the Washington University School of Law with a juris doctorate in May 1990. For the past several years, Mr. Huff has worked at Swiss Re, a leading provider of reinsurance in the industry.

Greene Co. Bond Policy Reconsidered

2009-02-20T07:29:00.002-06:00

The Springfield News-Leader reports that Greene County justice officials are considering repealing a four-year-old policy that has become known as book-and-release. The policy, enacted in 2005, allows some suspects to be booked and then released pending application of warrants. Critics of the program say that outstanding warrants have skyrocketed and criminals are released before the ink can dry on their arrest reports. Book-and-release has also been blamed for all but eliminating criminals' fear of jail time.

Under the new proposal, the jail would discontinue its book-and-release policy, and begin using a probable cause bond schedule. Under the schedule, suspects arrested for certain crimes are automatically eligible for a set bond amount, even though no charges are filed. If the prisoner chooses, he or she can contact family or a bondsman and post bail.

Discussing the proposal, Judge Dan Conklin said that bondsmen provide needed accountability -- ensuring the majority of their customers meet court dates and don't abscond --that outweighs other concerns. "The bond system is not perfect," he said. "It's not without its warts; there are opportunities for mischief. But they provide a service to the community at no cost for taxpayers."

The proposed changes will undergo further discussion.

More Guest Commentary: How to Improve the Bail Industry

2009-02-13T12:19:00.003-06:00

The following is guest commentary submitted by Tim Bruce, a licensed General Agent from the Springfield area.

Reality Check

As I have been reading every ones comments and suggestions, it amazes me at just how many agents and General agents contradict themselves. The old (Pot calling the kettle black). From financing and no money down bonds to offering rebates, many of the ones complaining are some of the very ones doing just that.

We would all agree that something needs to be done if we are interested in the long term stability of our industry, but we cannot and will not truly stand together to effectively do something to help ourselves. The only Association I was once a member of was only in place for a few members to try and back door and sneak legislation through that would only benefit them and Insurance Companies. Had it not been for Angela Parks and a few others who were keeping track of what was going on, legislation could have passed and none of us would have known anything about it until it was too late.

To try and organize all the Agents statewide is a very commendable and hopeful thought. I assure you though that it will never happen. (Example> Each and every County and each and every Judge in this state does things differently and by their own rule) Procedures are done differently according to the interpretation of rules by each individual Judge, Prosecutor, Sheriff and even the Bail Bond Agents.

Several years ago, myself and many of the local agents in my area got together and jointly and adamantly decided to raise our minimum fees, addressed discounting and financing fees, and raised all failure to appear bonds to 20%. That very afternoon, two agents walked across the street to the jail and one wrote a bond by discount and the other by financing with low down and low weekly payments.

If you cannot even get the local agents in your prospective area to agree and cooperate, then how do you even remotetly think you can organize agents and companies statewide?
As much as I hate the Government even slightly getting involved in my business, unless the rules of policy and proceedure are point blank and enforced, you will never get the agents and companies to comply.

I remember what it was like being a brand new agent. I starved to death for the first 16 months. Now with many Counties implementing the catch and release policy and the mass R.O.R. policies by allot of Courts it is even hard for exsiting agents to make a living. To make matters even worse for those agents many Generals chose to impliment what I call the Ice theory flooding the state with multiple agents. This works out great for the General as he/she makes 50% of every agent. Unfortunately for the agent many Generals put multiple agents in the same area and not only does the agent have to compete with other companies, they also have to compete with thier own company. I do not believe in stacking agents. I would rather have an agent make a good living and write quality bonds, than to have high volume profits on questionable and high risk bonds. (make sense?)

In my opinion, If the General Agent puts an agent in situations where he/she is struggling to make a living. The responsibility of the agents business ethics, proceedures and questionalbe bond writing should fall on the General that allows it. If as a General, you cannot control the proceedures followed by your agent, you simply get ride of them. If you as a General allow the agent to premium write, finance, undercut and conduct themselves in the manner in which you allow. Then by all means, do not complain about the down fall of this industry and do not put all the blame on your agents. As a General, if you are into high volume bonds rather than quality. If you put pressure on your agents to write more bonds,then accept the concequenses that comes with the added stress to your agents.

If you truly want to change this industry for the better and you truly want to have each and every agent and General Agent on the same page, then unfortunately you are going to have to have someone put in place rules and regulations that forces all to follow. Les Hogue seems to be an honorable man, and from speaking with him, it seems he truly wants to clean this industry up.

Why would it be such an impossible task to maybe sit down with Les Hogue, the Dept. of Insurance,and whomever the new director turns out to be and impliment policy and proceedures to enforce many of the laws already on the books to work towards cleaning this industry up? I am not an advocate putting anyone out of work or preventing anyone from going to work, but in order to change anything for the better it is the General Agents who have to get on board and clean up thier own house before they can tell anyone else how to conduct business. If everyone had to follow the same RULES then there would be no questions.

Mr. Cooper and Mr. Thomas and many others have very good points of interest but putting them all in a blog, or sitting around talking about it does absolutely nothing to change things. If you manage to get all the Generals to come together in some sort of Independant Association and actually agree on how to change things for the better, please call me, as I would be one of your biggest advocates and allie.

If I have a tire that keeps going flat and all I do is keep putting air in it. eventually it will blow out doing unknown damage. Our Industry is just that. Unil we actually fix it, eventually it will blow out and all of us will suffer.

Thanks for reading
Tim Bruce
General Agent.

Guest Letter: Opposition to Increasing the CD Assignment

2009-02-12T13:26:00.005-06:00

Note: The following is a guest commentary submitted by Michael Thomas, a state certified trainer for initial education and CE. Thomas is also a general agent in Missouri.

First of all let me explain to those who are not familiar with the current system, what happens when a general agent puts up his or her $10,000.00 with the state. The general agent goes to the bank and buys a CD in his or her name in the amount of $10,000.00. The general then completes a General Bail Bond Agent Assignment form MO 375-0525. This form assigns the money in that CD to the State of Missouri. The bank then completes an Acknowledgement of Assignment form MO 375-0527. These forms are then sent to the State of Missouri and at that point the General agent can no longer touch the money until he has surrendered his license and his liabilities have cleared. This money can not be touched by the General Agent to pay day to day forfeitures. The DIFP is the only entity that can draw money from the CD, other than the interest it earns, as long as the Assignment is in effect.

Similarly, if a general agent were required to put up a $5,000.00 CD for each agent working under his or her authority there would be an Assignment executed for each of those agents. Again the general agent would not be able to touch that money until the Assignment is released by the state. So regardless of what your contract with the general says the money isn’t going to be released until the state allows it.

A common misconception is that this money is routinely used to pay forfeitures. That just isn’t the case. By the time this money is used by the state to pay forfeiture, the General Agent has been shut down for at least 30 days and may in fact be out of business. The courts and the DIFP expect the General Agent to pay forfeitures with other monies long before it gets to a point where the state has to take it from the CD.

Most people try to keep their money working for them by investing in stocks and bonds, CD’s, real estate, and various business ventures. CD’s have a very poor rate of return, presently 1 to 2 percent at best and is typically an investment that older individuals would use to safeguard retirement money that has already been made. Most of us in the business are younger and are not to the point in our investment portfolios where we want our money to be stagnate. If the amount of assignment is raised from $10,000.00 to $50,000.00 this money would essentially stop working for us. And since this money is used by the State as the final solution and generals can’t touch it in the event of a forfeiture, each general agent would still have to have a significant amount of cash on hand or readily accessible to pay the day to day forfeitures.

All of us are disgruntled by the influx of people into this industry and yes it is affecting our income. Not so much because of the numbers of new bondsmen but because of irresponsible bail writing. This business has always been able to separate the wheat from the chaff but it takes a little time for this to occur. Irresponsible bondsmen go broke pretty quickly and eliminate themselves. But nevertheless they adversely affect us while they are in business. If you look at the liability they incurred in the 18 to 24 months that it took to get themselves into trouble the amount is staggering. Sometimes this liability can be in the millions of dollars. Raising the Assignment from $10,000 to $50,000 would not stop these people from getting into the business and would not do anything to curtail irresponsible bond writing.

An example I use in my classes to illustrate my point follows, If a small county has 5 bondsmen in the county and typically the court averages about 5 criminals with bonds of $20,000 each month, it follows that if all things are equal, each of those five bondsmen has a fair chance of procuring one of these bonds each month and making $2,000.00. Now, if one of these bondsmen advertises that he will write bonds for little or no money down and is very lax on cosigner qualification he will end up writing all five bonds each month and collecting only a small fraction of the fee. The other bondsmen who are doing things the way they should be done don’t make a dime. It doesn’t take long for the careless bondsman to get into trouble because his liability is going through the roof. But until that liability gets to the point that he can no longer pay the forfeitures, none of the other bondsmen in the county are making any money.

The answer to the problem lies in requiring a minimum percentage be charged on each bond and then prohibiting the extension of credit by a bondsman. Until January of 2005 a Judge in Livingston county required bondsmen to swear under oath that they were not extending credit and that they had received the full premium before the bond could be written. This begins to level the playing field because a bondsman who understands the risk involved in writing the bond no longer has to compete with one who doesn’t. And the criminal is no longer able to “shop” for the best price.

Several years ago, fed up with the number of forfeitures that I received in the mail each month, I began looking for a common thread that would help me better identify a bad bond before it was written. As I looked back over several years of records I realized that about 95% of my forfeitures were from clients to whom we had extended credit. I told my agents that we would no longer extend credit on bonds. Within six months my forfeitures had dropped by 95% and the income that my agents and I were making remained virtually unchanged. Sure we wrote fewer bonds but we got all of our money up front and didn’t have collection and bounty hunting fees chipping away at our income. When a person is charged with a crime, the cheapest thing on the menu is the bond fee. Attorney’s fees and court costs are usually about equal to the full amount of the bond. When a client can’t pay the full fee, you are likely to incur a forfeiture because if he can’t pay you, he can’t pay the lawyer or the fines either and sooner or later the Judge is going to give him the ultimatum that if he shows back up in court without an attorney or his fine money, he will be put in jail and an attorney appointed for him or his fines taken out in time served.

I have never been in favor of restricting people from getting into this business. If this proposed law were in effect 14 years ago, I could have never become a bondsman much less a general agent. I feel that I turned out OK and a lot of the people this bill would prohibit from becoming bondsmen will too. It is just an un-American ideology and in this troubled economy the wrong thing to do.

I am in full agreement with Mr. Cooper on the repeal of the Lee Clause. I make no apologies for this position as I feel that persons CONVICTED of felonies should not be allowed in the bail bond or surety recovery business no matter how long it has been. I do feel however, that if the court sees fit to issue an SIS, and the felony “goes away” after completion of a probationary period, then this should not be held against the prospective applicant.

More government regulation is NEVER the answer.

Respectfully Submitted
Michael R Thomas
Thomas Training Institute
www.thomastraininginstitute.com

Guest Commentary-Elevating Our Standards

2009-02-11T10:19:00.005-06:00

Editor's Note: The following is guest commentary submitted by Randall Smith, a certified trainer for both CE and initial education. Smith is also a licensed bail bond agent.

I want to thank Agent Cooper for his commentary and editorial regarding HB 628. Opening discussion and dialogue on current issues within the industry should be on going. If we are going to elevate our standards of professionalism then we must open discussion for relevant positive change. Rest assured if we don’t someone else will. We MUST become proactive in our own industry.

Agent Cooper has made many valid comments and points regarding bail in Missouri. One of the most significant points he makes is the number and quality of agents in this industry. As a State Certified Trainer in Missouri I see people come to the 24 Hour Initial Basic Training with nearly delusional preconceptions about this industry. Mainly brought about by the media and reality TV shows.

Training in this state for the Professional Bail Agent is far less than adequate in preparing them for this complex industry. Currently we allow nearly everyone to attend a 24 hour course. Some can barely read and write, they attend, we then push them on through. They take a very easy 60 Question State Examination and receive their license. They are in NO WAY prepared for this industry.

We must elevate the standards and requirements for entering this profession by first making the training and testing requirements more standardized. We should demand a higher level of professional that enters into this business. Once licensed, the professional agent should then be required to have substantially higher CE requirements to maintain the licensure privilege. As an example, the State of New Mexico requires 120 Hours of basic training on a pass-fail basis. There are strict standards to even be accepted into their academies. Once they pass, the must sit for a 250 Question State Certifying Examination. They are issued a probationary license and must complete 100 hours of field training before they are issued a permanently renewable license with additional CE requirements. Agents in that state are highly regarded for the most part and have very similar training to law enforcement.

The tendency in this industry, (in our state), is to seek out those who offer CE Credits by merely processing the paperwork. We as true professionals should be demanding better CE training. If we represent ourselves as professionals then we should be seeking real and valuable training relevant to our industry. We MUST invest in ourselves by seeking out this training and not take short cuts just to get a license renewed. This is NOT professional practice. We as professional trainers should not allow this practice in the first place.

Mr. Cooper points out the practice of the courts issuing 10%, Cash and OR bonds. All one has to do is look at the FTA cases in those counties practicing these policies and see the number of unresolved cases. In my opinion when courts order cash or 10% bonds, they have crossed the line and now are involved in private enterprise, which is a direct conflict of local government. There is a huge amount of research that proves the viability of the bail system in reducing those FTA numbers. This stands to reason since we have a lot to loose when an FTA occurs.

Until we increase the standards of qualification in this industry and provide real relevant training I see this industry staying the same. Certainly there are many other issues and much more legislation needed. However, without seriously reconsidering the industry qualifications and training policies I do not see any viable way to address these issues. We have to make the training tough and rigorous. Only then will we be able to see a change in the level of the professional agent. New candidates should have to PASS the rigorous training program and testing before they qualify for licensure.

Finally, if we as professionals continue to tolerate impropriety, and other misconduct within the industry, then this industry will always have a "black cloud" haning over us. Another area where we need to become proactive!

Thank you again Agent Cooper for your comments. I hope the rest of us in this industry jump on board and become pro-active.

Randall E Smith, L.B.A., C.P. I., State Certified Trainer
MARC Academy of Professional Bail Agents
Randall E. Smith
Check Us Out On the Web
http://www.midamericarecoveryco.com/

Guest Editorial on HB628

2009-02-09T15:26:00.013-06:00

Editor's Note: The following is a guest editorial submitted by Bart Cooper of Bart Cooper Bail Bonds. The letter addresses the industry concerning HB628:

As many of you know, HB628 was recently introduced by Representative Brian Yates. This legislation attempts to address some of the issues now facing the bail industry in Missouri.

In recent years, our industry has undergone a transformation for the worse. Gone are the days of trust and cooperation among companies and agents, having been replaced with a new era of avarice and greed. While the future of bail in Missouri appears dim, I believe we can work together to strengthen and preserve our profession for years to come. Accordingly, I’m asking for your help in restoring professionalism and accountability in our profession. But first, let’s examine the history of bail in Missouri, and how we got where we are today.

How We Got Here

The Good Old Days
A. Traditionally, bail companies charged a minimum premium of ten percent per bond.
B. The minimum premium was deemed necessary to cover potential losses and expenses while leaving some profit for the agent and general agent.
C. The system worked and remained relatively stable for decades.
What changed?
A. More and more people entered the bail industry. The proliferation of agents surged with the publicity created by series such as “Dog”. With an investment of less than five hundred dollars for a two year license, people soon learned that bail offered a means to turn a quick profit. Often seen as an additional stream of income, general agents were quick to hire new agents.
B. The proliferation of agents inevitably led to more general agents. Needing only ten thousand dollars and two years licensure as a bail agent, the number of companies exploded. The past three years alone has seen a more than thirty percent increase in general agents.
C. Courts also began modifying their approach to bail. Faced with budgetary constraints, some courts began to look at alternative forms of release as a means of generating revenue and reducing costs (e.g. ten percent to the court, cash only and recognizance bonds).
D. Beginning in 2005, some circuit courts eliminated local qualification requirements. If you were licensed by the state, you could execute bonds within the circuit without further qualification. Without the oversight of local circuit courts, companies were free to execute bonds regardless of whether they possessed the assets necessary to fully collateralize the bonds should they forfeit.
E. This combination of factors created extreme pricing pressures. With more agents and companies competing for a decreasing number of clients, the notion of a minimum premium began disappearing. Desperate for cash to cover personal or business expenses, agents began discounting bonds and extending substantial amounts of credit. Underwriting standards started to take a back seat to cash flow. Some even turned to questionable or unethical practices in an attempt to achieve profit.
F. The erosion of a decades-old pricing structure negatively impacted the industry. Reduced cooperation and respect among companies and agents became pervasive. No longer were we able to trust each other, regardless of the merit of ideas or sincerity of efforts. As the pricing structure continued to break down, undercapitalized generals became commonplace. Discounted premiums, inability to collect on promises to pay, and poor underwriting left many generals with more forfeitures than they could pay.
G. Much like the homeowner who owes more on their home than it is worth, undercapitalized general agents were faced with a decision: work diligently (and possibly borrow money) to resolve the tens of thousands in forfeitures and save the ten thousand dollars assigned to the state, or walk away. Clearly, the system is now at a point where people choose to walk away from the ten thousand dollars rather than work to resolve much greater forfeiture losses.
H. As more and more general agents walk away, courts are left with more judgments than the ten thousand dollar assignment can cover. Frustrated by the breakdown in the bail process, courts become increasingly dissatisfied with the professional bail industry. This dissatisfaction, coupled with the budgetary pressures noted above, lead courts to adopt alternative forms of release. With fewer bonds available, the competition increases and the cycle repeats itself.

Current State of Bail

The Department of Insurance, Financial Institutions and Professional Registration (DIFP) now acknowledges that there are too many bail agents for the system to function properly.
DIFP also realizes that the current deposit requirement of ten thousand dollars is never sufficient to cover losses of generals who walk away from the business.
Courts are becoming increasingly dissatisfied with the commercial bail industry.

Why Act Now

The industry is nearing a point of catastrophic failure. Without action on our part, the DIFP and courts will be forced to act. Although we do not know exactly what these actions will entail, they could include raising the amount of assignment or altogether eliminating commercial bail.
We must begin working together to control our industry. In states where commercial bail is strong, licensing requirements are also strong. Strong licensing requirements foster strong bail associations, which in turn strengthen the commercial bail industry as a whole.
We are legislatively positioned to achieve results now. With support from both lawmakers and the DIFP, we are poised to reform our industry and restore professionalism and credibility.

Solutions

I have proposed legislation which I believe will begin to restore professionalism and accountability to the commercial bail industry in Missouri. The legislative changes are as follows:

Eliminate felons from the industry.
Increase the assignment for new general agents licensed after August 28, 2009 (when the legislation takes effect) to fifty thousand dollars.
Require every general agent to assign five thousand dollars to the State of Missouri any time they add an agent after August 28, 2009.
Allow the DIFP to raise the assignment requirement to fifty thousand dollars for any agent should they deem it necessary (for cause).
Raise the non-resident assignment to fifty thousand dollars.

I ask you to join me in promoting this legislation. While by no means a solution to all our problems, the proposed changes represent a start at attempting to address the issues before DIFP and the courts take matters into their own hands. Together we can begin restoring credibility, professionalism and cooperation in the Missouri commercial bail industry.

I look forward to discussing the proposed changes with you.

Sincerely,
Bart W. Cooper, General Agent

Bail Bond Bill Introduced

2009-02-07T08:06:00.003-06:00

A new baill bond bill, HB628, was introduced by Rep. Brian Yates-(R) of Lee’s Summit. The bill seeks to raise the assigned CD for new general agents. Here is a brief summary.

If the bill passes, on August 28, 2009 the following changes would occur:

1. An agent must hold an agent’s license for 4 years, prior to being eligible to become a general agent.
2. If you are a licensed general agent before 8/28/2009, your CD requirement will remain unchanged.
3. All general agents licensed after 8/28/2009 will be required to assign a $50,000 CD to the state.
4. After 8/28/2009, the general agent must execute an additional $5,000 CD for each new agent who licenses under his/her authority.
5. The director may require additional assignments of assets. Department rule will dictate when the circumstances of the business of the general bail bond agent warrants additional funds; except that, such additional funds shall not exceed fifty thousand dollars.
6. Repeals the Lee Clause. (The provision allowing a 15 year look-back on the criminal record of any license holder.)

Poll Results

2009-02-01T11:49:00.004-06:00

Missouri Bondsman sponsored a poll, asking website visitors to answer the following poll question:

Would you favor legislation to increase the assigned CD requirement to $25,000 for general agents plus $5,000 per bail bond agent?

The poll results are as follows:

101 website visitors registered a response.

26 (25%) answered: Yes, I am licensed by the DIFP, and I support an increase to $25,000, plus $5,000 per agent.
59 (58%) answered: No, I am licensed by the DIFP, and I do not support the CD increase to $25,000 and $5,000 per agent
7 (6%) responded: I am not licensed, but I would support this proposal.
9 (8%) responded: I am not licensed, but I would not support this proposal.

Overall, the visitor’s responded against the proposal at a rate of 2:1.

For feedback on the poll, visit my original post New Website Poll .

Have a new idea for a website poll, email me, or to comment on the poll results, click "comment here."

Recent Licensing Actions

2009-01-31T08:34:00.002-06:00

The DIFP regularly reports on investigative matters resulting in voluntary fines paid by license holders to the Missouri School Fund in order to settle matters before the department. The agreement states that the license holder agrees to pay the fine without admission of violation of the law.

The following bondsmen paid voluntary forfeitures of $100 for department allegations of misrepresentation on a bail bond license application: Jerry Tibbs, Bart Cooper, Casey Clark, Warren Rogers, Tasha Streckfus, Mark Bailey, and Joseph Hill.

The department also reported voluntary fines paid by the following:

Jo Anna Ray-Allegation of failing to file a monthly affidavit as required by RSMO 374.760. $300

Lloyd Brown-DIFP allegation of failing to file a monthly affidavit as required by RSMO 374.760. $300

David Vinson-Allegation of failing to file a monthly affidavit as required by RSMO 374.760 and failing to respond in writing during a department investigation. $400

James Sheats-DIFP allegation of writing bonds while his bail bond license was expired, failing to account for all power of attorney forms and failing to remit sums due to the general agent by failing to report seven bonds written. $400

New Website Poll

2009-01-26T07:35:00.003-06:00

For those of you who read Missouri Bondsman by email or feed reader, now is your chance to interact. Missouri Bondsman is hosting a poll on a proposal to increase the general agent’s assigned CD to $25,000 and to also require a $5,000 CD per agent working under a general agent’s authority. You can visit Missouri Bondsman to register your vote.

For those of you who have asked for a forum to discuss the issue, here’s how you can register your thoughts. Click on the “COMMENT HERE” link below this post. You can post by several log in IDs or post using your name, or anonymously. Comments are moderated for profanity or spam. There are pros and cons to any proposal, so if you have thoughts you would like to share, let the rest of the bail bond community know how you feel.

UPDATE: Please observe the posting rules. Although Missouri Bondsman encourages debate on topics of interest to the bail industry, please be aware that comments are moderated. No comments will be printed that contain spam, profanity, or libelous comments. Participatory democracy works, please do so in a civil, professional manner.

AHC Issues Decision in Loughary Case

2009-01-25T11:08:00.004-06:00

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.

DIFP Actions on Bail Licensees

2009-01-25T10:36:00.001-06:00

The DIFP has reported the following licensing actions on its website:

The Department granted a bail bond license under special conditions to John A. Jackson, who recently pleaded guilty to a misdemeanor DWI in Scott County. The conditions state that Jackson must report any violation of his probation agreement, waive privacy to discuss his case with Department personnel, report successful completion of probation, and pay $100 to the Missouri School Fund.

The DIFP refused to renew the bail bond license of David D. Ingram of Platte City. According to the Department’s website, Ingram pleaded guilty in 1996 to possession of a controlled substance. The Department’s letter of refusal indicates that Ingram received a suspended imposition of sentence, which was not disclosed on his renewal application. Ingram has 30 days to appeal the DIFP’s decision.

The DIFP reports that it has granted a bail bond license under special conditions to Michael C. Miller of Rolla. According to the DIFP’s website, Miller failed to disclose misdemeanor court actions in Phelps and Webster Counties. Miller must report any violation of his probation agreement, waive privacy to discuss his case with the DIFP, report successful completion of his probation, and pay $100 to the Missouri School Fund.

The DIFP refused to renew the bail bond license of Melissa Schroeder of Cuba. The DIFP alleges that Schroeder failed to disclose that she was "found guilty" of possession of a controlled substance in Crawford County. Schroeder exercised her right to file a complaint with the Administrative Hearing Commission. Her case is scheduled to be heard on March 12th.

The Department has refused to renew Michael Cherry’s bail bond license. It is alleged that Cherry failed to disclose a 1992 suspended imposition of sentence in Cass County for felony nonsupport. Cherry has filed for a hearing before the Administrative Hearing Commission and it scheduled to be heard on March 12th.

AR-Bondsman Holds Rape Suspect for Police

2009-01-24T08:48:00.003-06:00

AR-According to this report at KNWA-TV, an Arkansas bondsman, John Collins, and a truck driver, Sam Hollomon, are being called good Samaritans after they held a rape suspect until police could arrive. Collins held rape suspect Kevin Baltz at a gas station in West Fork, after the E-Z mart employee reported that Baltz raped her in the store's restroom. The employee reported to Hollomon that she had just been raped by a man exiting the gas station. Police say Baltz had lured her into the bathroom reporting that the toilet was not working. When the employee went into the bathroom, Baltz followed her in and raped her. Hollomon confronted the accused rapist in the parking lot. Baltz tried to escape and hit a pole in the parking lot, disabling his vehicle. Collins arrived and held Baltz until police arrived. At this time, Baltz is being held without bond.

AL-Bail Companies Accused of Hacking Sheriff's Computer

2009-01-23T07:00:00.000-06:00

AL-According to a report from the Mobile Press-Register, three Mobile County, Alabama bail bond companies have been accused of hacking into the Sheriff's Office Web site to get personal information on inmates and gain a competitive advantage. According to the report, bonding agents at A to Z Bail Bonds, Central Bonding and Bandit Bail Bonds somehow obtained a login and password allowing them access to a protected portion of the Web site, Sheriff Sam Cochran said. The companies are accused of using that information to contact inmates' relatives and get their business. That gave the companies a leg up on their competitors, who rely on walk-ins and cold calls from the inmates themselves, Cochran said.

No arrests have been made, but charges could be filed later as the investigation progresses, Cochran said. Deputies served search warrants at the bonding companies seizing seven computers in the process. The sheriff reported that two computers at the companies were still logged onto the site when deputies walked in the door.

Clint Ulmer, who runs Bandit Bail Bonds, didn't deny accessing the jail Web site. On the contrary, he said that he and just about every other bonding company had a password and accessed the Web site on a regular basis. Ulmer said that the password his company used was given to him by a sheriff's deputy. Investigators are still trying to find out how the password was leaked.

The Sheriff's Office began its investigation after receiving complaints from other bonding companies, Cochran said. In order to find out who was accessing the site, he said, technicians planted false contact information in the system. When representatives from the companies called to solicit business, they were talking to undercover deputies instead of family members, the sheriff said.

Bounty Hunting in Cyberspace

2009-01-23T06:56:00.002-06:00

Last weekend I went bounty hunting in Cyberia. It was an exciting adventure, but I don't think I'll go back unless I must. If you don’t know the culture of hunting in cyberspace, you are in for an awakening.

A friend of mine contacted me several weeks ago and asked that I assist him in locating a fugitive. After several road trips and sleepless nights we were out of leads. We had heard that the fugitive was a known computer hacker and whiz on the Internet. I thought it would be worthwhile to follow this lead.

I located the fugitive on several social networking sites, found his user ID on another site and we began our hunt in Cyberia. We were able to contact the fugitive through a chat site. BIG MISTAKE! While the fugitive chatted about how he was able to hack anyone, he recognized my presence on his social networking site. Although I still do not understand how he accomplished the hack, the fugitive was able crash the operating system on my computer.

Here’s what you can do to learn from my mistakes. Social networking sites like Myspace, Facebook, etc. are a great resource for learning about people, their interests, friends and contacts. Savvy computer users can gain useful information on sites which host personal information. However, explore these sites with caution and be aware that there also risks to using these tools. Hackers are finding new ways to exploit these sites. And beware that as you are collecting informtaion on a site, someone may also be collecting information from you.

(I know you are wondering-did we get the fugitive. The answer is yes! The fugitive made one mistake when he left Cyberia.)

For more reading see: Social Network Sites Could Become a Hacker's Playground

Men Sentenced in Fugitive Recovery Case

2009-01-22T08:04:00.003-06:00

Former bondsman Steven Morgan and his son, Brandon Morgan, have pleaded guilty to charges resulting from a fugitive recovery incident in Jefferson County. Steven Morgan has pleaded guilty to felonious restraint, armed criminal action and property damage. The judge sentenced him to five years in DOC and suspended execution of sentence and placed him on five years supervised probation. Steven Morgan is no longer licensed as a bail bond agent after he let his license lapse. No disciplinary action has been initiated by the DIFP at this time. The younger Morgan pleaded guilty to two counts of felonious restraint and acting as a surety recovery agent without a license. Brandon Morgan was sentenced to three years in DOC, execution of sentence was suspended, and he was placed on five years supervised probation.

According to initial press reports, the men forced entry at a residence where they believed a fugitive to be staying. The fugitive was not at the residence and the residents denied knowing the suspect. According to reports, a couple was held at gunpoint. The police were summoned by the residents and charges resulted three months after the incident.

Three other men, bondmen Thaddeus Bibb and Randall Avett, and an unlicensed man, Rudolph Whiston, were also charged. Their cases are currently pending in the Circuit Court of Jefferson County. Bibb has allowed his license to lapse and Avett currently works under the authority of Rick Adams.

Previous Post:
Charges Filed Against 3 Bondsmen

Recovery Team Encounters Armed Fugitive

2009-01-21T07:43:00.002-06:00

A fugitive recovery team encountered a dangerous situation last week as they attempted to apprehend fugitive Kevin Gwinn in St. Joseph. According to this report in the St. Joseph News-Press, the incident started when the Allison Bonding team obtained entrance to the Gwinn’s residence. Gwinn produced a gun and he team evacuated the residence and alerted police. When officers arrived, Gwinn came outside brandishing a 9 mm Ruger pistol with the hammer back. The report stated that he flourished the pistol and also put the pistol to his head threatening to shoot himself. Gwinn allegedly told officers they were going to have to kill him. Police warned Gwinn that they would use a Taser and fired multiple Taser guns and the resulting shocks knocked the man to the ground where officers were able to overpower him and seize the Ruger. Police obtained warrants alleging Mr. Gwinn with possession of an illegal weapon in Buchanan County, passing bad checks in Andrew County and a warrant from Iowa. Gwinn faces the possibility of additional charges in Buchanan County.

According to the report, the actions of the recovery team were also reviewed and considered to be legal.

Bond Jumper Jumps

2009-01-18T07:53:00.003-06:00

FL-According to this report at Tampabay.com, a fugitive jumped from a second story balcony to avoid apprehension by his bail bondsman. The jump landed him in the hospital. He was wanted for sale and possession of cocaine, failure to appear in court, and driving with a license suspended or revoked, according to the Pinellas County Sheriff's Office

Bail Discounting Covered by AP

2008-12-31T07:54:00.002-06:00

An Associated Press article about bail bond discounting appeared this week in newspapers across the country. The report discussed the economic climate that created the nationwide trend of discounting. The reporter interviewed bail bond agents from several states about the practice of discounting and includes perspectives from the court and law enforcement officials. Here is a link to the entire article as it appeared in the KC Star.

TN-Bondsmen Witness Murder, Takedown Suspect

2008-12-10T15:05:00.002-06:00

Nashville, TN-Newschannel 5, of Nashville, reports that three bondsmen who were apprehending a fugitive became witnesses to a murder. According to the report, the men heard gunshots at a nearby market. They ran to the scene and witnessed the murder suspect standing over another man who was shot. The trio chased the shooting suspect to a nearby parking lot and subdued him with a Taser. The bondsmen said they have been in the fugitive apprehension business for years and they saw this as another day on the job.

Cox Featured in Riverfront Times

2008-12-10T13:29:00.001-06:00

Bondsman Gerald Cox was featured today in an article posted by the Riverfront Times. The article profiles the alleged actions leading up to the arrest of Cox, his son James Cox, and four other men. Cox has been charged with kidnapping, first-degree burglary, tampering with a motor vehicle and stealing.

Circuit Clerk Mariano Favazza was also interviewed. Favazza removed Cox's company from the list of qualified companies in St. Louis City. The case was reviewed after Cox filed a petition in St. Louis City and the petition was denied. According to the article, an appeal is pending.

Previous Post
Cox Arrest Update
Bondsmen Charged with Kidnapping

Former Bondsman Wanted in Two States

2008-12-08T10:47:00.006-06:00

Former Missouri licensed bondsman Thaddeus Bibb is wanted in Texas and Missouri for incidents related to fugitive recovery work.

According to Casenet, Bibb failed to appear last week for bench trial in Jefferson County on charges related to an alleged forced entry into a home in 2007. Bibb has a capias warrant for his arrest. He is charged with two counts of felonious restraint, two counts of armed criminal action, property damage, failing to notify law enforcement of intended apprehension, and 1st degree burglary. According to initial press reports, Bibb and two other licensed agents, Randall Avett and Steve Morgan, and two unlicensed individuals, Rudolph Whiston and Brandon Morgan, allegedly forced entry on a residence in Jefferson County. The occupants of the home called police claiming that the bondsmen had forced entry on the wrong house. Charges against all of the men resulted a few months later. Bibb’s original bond was $47,000.

Bibb also has a warrant for him in Matagorda County, Texas. He and Phil March, of St. Louis, are charged with impersonation of an federal officer related to fugitive recovery work. Bibb and March traveled to Texas in order to apprehend fugitive Edmund Franklin, who had failed to appear on a $500,000 bond through Block Bail Bonds. March and Bibb are accused of posing as federal officers in an effort to apprehend Franklin. Days after the incident, Franklin was arrested by the US Marshals Service on a separate federal warrant and was extradited to Illinois. Both March and Bibb bonded with a Texas bail bond company for $10,000 each. Bibb failed to appear on November 26th in Matagorda County and the warrant resulted. March is scheduled to appear next month.

Bibb originally posted bond on the Missouri charges with Rick Adams. His bond in Texas is a transfer bond transmitted through Safety National Casualty Corporation. The Texas executing agent does not know who ordered the transfer.

Bibb’s bail bond license expired in October 2008. He has not filed a renewal application.

Previous Posts
Bibb Trial Date
Bondsmen Charged in Home Invasion

Retired Bondsman Receives Bronze Star

2008-12-06T08:03:00.000-06:00

Retired bondsman Ray Callanan was recently featured in the Farmington Daily Journal when he received a bronze star for his service in World War II. He helped liberate captives in three Nazi concentration camps and one POW camp in Germany and Austria. “When we went in there, there were two trenches where bodies were stacked,” Callanan related. “One fellow saw a man in the piles blink. He took the man, who turned out to be a rabbi, to the hospital, which saved his life. When we went back for a tour in 2005, the rabbi’s daughter accompanied us.”

Callanan retired from the bail bond business a few years ago. He received his bronze star 63 years after his military service.

Link to article:
Callanan received gold star

CA-Sluggish Economy Hurts Bail Bond Companies

2008-11-30T09:04:00.000-06:00

Palm Springs, CA-According to this report filed by KESQ-TV, some California bail bond companies are reporting a 50% drop in business. The bail companies report that fewer people can come up with the minimum premium for release, trouble collecting payments, and the housing slump has reduced the number of indemnitors willing to use their homes for collateral. Jail overcrowding has forced some judges to release defendants without posting bail at all.

Bondsman to Stand Trial Next Week

2008-11-29T15:25:00.002-06:00

A bench trial is scheduled to begin next week in Jefferson County against Thaddeus Bibb, who was licensed as a bail bond agent until his license expired last month. According to court records, Bibb will stand trial for charges related to a fugitive recovery incident which occurred last year. Bibb is charged with felonious restraint, armed criminal action, burglary, and failing to notify law enforcement of apprehension. Bibb and licensed agents Randall Avett and Steven Morgan, and unlicensed individuals Brandon Morgan and Rudolph Whiston, have were all charged after allegedly entering a residence in search of an individual. According to initial reports, the men allegedly forced entry at a residence where they believed the fugitive to be staying. The fugitive was not at the residence and the residents denied knowing the suspect. The police were summoned by the residents and charges resulted.

According to casenet, Brandon and Steven Morgan entered plea agreements and will be sentenced in January. Randall Avett and Rudolph Whiston trial dates have not been set.

Steven Morgan and Thaddeus Bibb are no longer licensed agents. Both have let their licenses expire. Randall Avett is currently licensed and working under the authority of Rick Adams.

CA-Bondsman Arrested in Extortion Plot

2008-11-29T09:48:00.000-06:00

Bakersfield, CA-The California bail industry has encountered a lot of press coverage this week after the California Department of Insurance (CDI) issued a press release concerning the alleged activities of Cruz Bail Bonds, owned by Joaquin Cruz. The press release states that CDI worked collaboratively with local law enforcement and prosecutors in a two-year investigation. Cruz was charged with 19 felony counts including embezzlement, false imprisonment, attempted extortion and hiring unauthorized bounty hunters.

According to the press release, CDI investigators discovered that between September 2004 and October 2008, Cruz, owner of Cruz Bail Bonds, allegedly manipulated and coerced bailees and indemnitors into signing incomplete documents. Cruz then purportedly used the documents to fraudulently forge, transfer and sell collateral that he possessed as a bail agent - to profit from his clients without their knowledge. This included the alleged transferring of titles to homes and vehicles to Cruz or his common law wife, Eduvina "Diane" Chacon, even when bailees had not broken terms of their bail bond agreements. Once title was changed, Cruz or Chacon would allegedly use the property themselves, or sell it to retain profits. Property and monetary loss from their alleged scheming is estimated to be at least $298,000.

CDI investigators discovered that Isaac Trevino, a licensed bail bond agent and notary public, conspired with Cruz and Chacon to falsify, forge and alter title documents for property and vehicles. The alleged intent was to pass the titles as genuine with the Kern County Recorder's Office and the California Department of Motor Vehicles.

The CDI investigation was launched in August 2006, after the Department received a complaint from an indemnitor, alleging that she had been kidnapped by three unlicensed bounty hunters hired by Cruz. The victim alleged that the bounty hunters threatened to take her to jail if she did not give them additional money or collateral that had not been agreed upon initially.

One of the alleged victims was interviewed by KGET-TV in Bakersfield, who claimed that he had been kidnapped and held for ransom in an extortion plot.

Cruz is an appointed agent of Allegheny Casualty and International Fidelity.

New Information in Cox Arrest

2008-11-27T11:50:00.000-06:00

The St. Louis Post Dispatch printed a new article today concerning the charges against Gerald Cox, James Cox, and other licensed and unlicensed bounter hunters who were charged yesterday with kidnapping, stealing, tampering with a vehicle, and the licensed men were charged with failing to notify law enforcement before performing an apprehension. James Cox and Morris Davis were additionally charged with performing fugitive recovery without a license.

According to the article: "A raid at motel on Aug. 17 capped weeks of fruitless attempts to grab, bail bond client Leah Renee Pinion. Pinion served some time, got out and went back to jail on a probation violation, Circuit Judge Philip Heagney said. On July 14, her boyfriend arranged for Cox to post a $30,000 bond for Pinion's freedom. The boyfriend paid $1,500 of a $3,000 fee and promised the rest in weekly installments, according to court documents. But on Aug. 9, the boyfriend changed his mind and wanted off of the bond. Judge Heagney suspended Pinion's probation Aug. 11 and ordered her arrest, citing information from her probation officer and a bondsman. Bounty hunters, presumable hired by Jerry Cox, caught Pinion that day, but she escaped. On Aug. 14 and 16, Pinion called Cox to say she would surrender, but she didn't. In a 1:30 a.m. raid at the motel, four bounty hunters grabbed Pinion and her boyfriend together. The two were taken in handcuffs to Jerry Cox's office, court documents say. Alone with the boyfriend after sending the others away, Jerry Cox allegedly toyed with a handgun and said he had spoken to a prosecutor who "asked him why he had not arrested" the boyfriend on charges of aiding and abetting a fugitive, a court affidavit says. Cox allegedly told the boyfriend that he would be charged, and that his $1,500 in cash and home would be seized, unless he paid $5,500, the documents say. When the boyfriend agreed to pay, Cox let him go. The man's mother paid the $5,500 on Aug. 22, using the a life insurance settlement from her stepson's death, according to the documents. James Cox reportedly told her that they could have taken her son's house but were really in the "money business," not the real estate business, the documents say. Wayne Schoenberg, Jerry Cox's lawyer, said his client was home in bed during the raid. The lawyer denied that Jerry Cox had a gun in the meeting, and said there was no agreement to exchange money for a promise of no prosecution. Cox told the boyfriend only that he could have gone to prosecutors, Schoenberg said. The $5,500 represented the $1,500 that the boyfriend still owed, about $1,000 in expenses and a $3,000 fee for sending out bounty hunters — all spelled out in the bail contract, Schoenberg said."

Several news agencies report that James and Jerry Cox presented themselves to authorities yesterday and were booked, posted bond and released.

Read the entire St. Louis Post Dispatch aricle here.

Bondsmen Charged With Kidnapping

2008-11-26T14:20:00.006-06:00

Arrest warrants were issued today for General Agent Gerald “Jerry” Cox (pictured at right) and his son James G. Cox of St. Charles. Warrants have also been issued against Surety Recovery Agent Erik Nolan, licensed bondsmen Kevin Grillion and Dennis Weatherford, and an unlicensed individual named Morris Davis. The six men are charged with burglary, kidnapping, stealing, tampering with a vehicle, and the licensed men were charged with failing to notify law enforcement before performing an apprehension. James Cox and Morris Davis were additionally charged with performing fugitive recovery without a license, a class D felony.

According to the St. Louis Post-Dispatch, Jerry and Jim Cox are accused of ordering the four other men to break into a Maryland Heights motel to bring a man to their office, where they threatened prosecution and taking the man's house if they did not receive $5,500. The man's mother paid the money to gain her son's release.

Gerald Cox has been a licensed general agent since 2003 and has nine agents working under his authority. James Cox's bail bond license was revoked in 2006 after he pleaded guilty to the federal felony of conspiring to violate civil rights. Kevin Grillion has been a licensed bail bond agent since July 2008 and does not work under a general agent's authority. Dennis Weatherford has been a licensed bail bond agent since July 2008 and does not work a general agent's authority. Erik Nolan has been a licensed surety recovery agent since May 2008. Morris Davis is not licensed.

Earlier this week, a judge denied Gerald Cox's petition for a writ of mandamus against St. Louis City Circuit Clerk Mariano Favazza. Cox filed the petition after Favazza had not approved Cox's bail bond writing authority in St. Louis City.

Other Press Coverage:

Fox 2 St. Louis

River Front Times

Belleville News Democrat

Springfield News Leader

KSDK Channel 5 STL

KMOV Channel 4 STL

Bail Premiums Falling in Alabama

2008-11-16T08:06:00.001-06:00

AL-The Press-Register in Mobile, AL reports that the price of freedom is cheap in Mobile. Competition among bondsmen has forced the price of getting out of jail so low that accused criminals only have to come up with a tiny fraction of their bail. Others are released on a small down payment. Read the rest of the article here...

Monthly Affidavits Required

2008-11-04T09:33:00.000-06:00

The DIFP reports that the following general agents paid voluntary forfeitures of $300 each to the Missouri School Fund to settle disciplinary issues brought by the department. The DIFP alleged that the general agents failed to file sworn monthly affidavits with the department stating that there are no unsatisfied judgments against the general agent. The settlement agreement states that agents voluntarily paid the $300 fine without admission of a violation of the law.

Barry Block-Chesterfield, MO
Donna Cannon-Raytown, MO
Frank Kincaid-Buckner, MO
Michael Palmer-Smithville, MO

Ref: RSMO 374.760. Each general bail bond agent shall file, between the first and tenth day of each month, sworn affidavits with the department stating that there are no unsatisfied judgments against him. Such affidavits shall be in the form and manner prescribed by the department.

Rebating Issue Settled

2008-10-24T10:16:00.001-05:00

The DIFP reports that General Agent Charles Telle, of Hillsboro, paid a voluntary forfeiture (fine) to the Missouri School Fund to settle a disciplinary issue brought by the department. The DIFP alleged that Telle offered to rebate potential clients’ bond premiums by offering a 25% discount to those clients who voluntarily surrendered themselves to authorities. Also, the complaint alleged that Telle failed to respond to a department inquiry in a timely fashion and used an unauthorized marketing name. The settlement agreement states that Telle voluntarily paid the $300 fine without admission of a violation of the law.

The rebating statute can be found here at RSMO 374.717. A bondsman may not offer a discount, rebate, or give anything of value to a client or anyone on the client's behalf.

Pastor/Bounty Hunter Rescues the Lost

2008-10-24T07:10:00.000-05:00

TN-Dr. Butch Varner, of Chattanooga, has combined two unlikely professions; he is a bounty hunter and a church pastor. When asked about how he reconciles both jobs, he answered, “We’re rescuing the lost (in both). We’re rescuing people who are on a bad course. In fact, in physical bounty hunting, almost everyone we’ve caught, they realize, man, we’re nice to them when we catch them, and we generally minister the gospel to them. It’s an opportunity. We know some people who have wound up going to our church. That is not our main evangelistic thrust, but we do see fruit from that.”

Bondsmen Witness Burglary During Stake Out

2008-10-24T06:53:00.001-05:00

WA-According to KNDO-TV, unidentified bondsmen were performing surveillance on a house in Pasco, Washington, waiting for the homeowners to return. Instead, they saw three men pull into the driveway and break into the home. The bondsmen witnessed the alleged burglars load property into a car and leave. The bondsmen called police, who arrested the men a short distance from the home.

The news article does not say if the homeowners were thankful that the bondsmen placed them under surveillance and were able to help them recover their property. Also unknown, is whether the stake-out was successful and the bondsmen were able to locate the person they were looking for.

Economy Hits Bail Bond Market

2008-10-23T12:49:00.001-05:00

FL-Here is an interesting article posted on tcpalm.com from Florida. According to the article, although crime may be unaffected by the economy, fewer people can afford the state-imposed 10% minimum bond fee and so more defendants are waiting in jail for their cases to be heard.

Conklin Featured in News-Leader

2008-10-23T12:32:00.000-05:00

The Springfield News-Leader featured an article about general agent Ty Conklin’s other line of work. Conklin custom designed a motorcycle hearse and rents it to bikers wishing to send their loved ones out biker-style. Conklin’s website is www.lastridemotorcyclehearse.com.

Bail Scammers Target Restaurants

2008-10-16T07:09:00.001-05:00

A bail bond scam was reported to authorities in Conway, AR. According to the Log Cabin Democrat, a manager of a Waffle House received a phone call early Sunday morning from a man who identified himself as Brandon Clay and said he was a bondsman. The man said that he was at a Pulaski County jail with one of her employees, who had been injured in a car accident, and asked the manager for $220 to bond the man out. A few hours after the manager transferred the money, she told police, she found out that the employee had been at home asleep the whole time. A check of Arkansas licensing records reveals that there is no Brandon Clay licensed as a bondsman.

The identical scam was reported in Florida last month. Impersonators targeted restaurants, reporting that an employee had been arrested. The restaurants wired the money only to find out later that the named employee had never been arrested. Police report that it is difficult to find the accused scammers because the entire transaction was conducted by telephone.

How to avoid this scam: Check state licensing records. Almost all states have licensing records online. In Missouri, you can find them here. Call law enforcement authorities where the bond is located. Confirm that the co-worker or loved one is in custody and the person calling is an agent in that area. Check the yellow pages for bail bond companies.

Grandparents-Bondsmen

2008-10-14T07:09:00.001-05:00

MN-Here's a great story from Minnesota Public Radio about a couple who got into the bail bond business in their 60s. The article reviews the couple's interactions with the courts and clients and their philosophy about the bail business.

Dotson Sentenced to 20 Years

2008-10-09T12:38:00.001-05:00

Glen Dotson was sentenced today in US District Court in St. Louis to serve a total of 20 years. Dotson was found guilty in May of conspiracy to commit murder and delivering a firearm to a known felon. He was sentenced to 10 years on each charge to be served consecutively. Glen Dotson and Virgil Lee Jackson, both formerly licensed bail bond agents, conspired to murder competitor Gerald "Jerry" Cox in 2005. Jackson pleaded guilty to conspiracy to commit murder and was sentenced to 10 years.

St Louis Post Dispatch

My Previous coverage:
Lee Jackson held on federal charges 4/1/2006
Dotson Arrested/New Charges for Jackson 6/2/2006
Dotson/Jackson trial postponed 6/8/2006
Arraignment 6/13/2006
Trial postponed again 10/28/2006
Dotson Freed on Bond 11/15/2006
Jackson Accused of Another Murder Plot 11/22/2006
January Trial Date Postponed 1/22/2007
March Date Postponed 3/19/2007
Jackson Pleads Guilty 8/13/2007
Dotson Faces New charges 8/27/2007
Jackson Sentenced 11/1/2007
Jackson's Bail License Revoked 2/8/2008
Dotson Found Guilty 5/12/2008

Craigslist-How to Avoid a Greedy Bondsman

2008-10-06T12:48:00.002-05:00

I found the following ad on St. Loius area Craigslist this morning. As you can see, the ad is a posted as a consumer notice on how to avoid being “RIPPED OFF by a greedy bondsman.” Out of curiosity, I called the number. It is actually an ad for a particular bonding company and tells potential clients five good questions to ask your bondsman.

Those five questions are:

What is your experience? Your reputation? How fast can you bond my loved one? How much do you charge? What are your qualifications?

I think these are all good questions to ask of any bondsman. The recorded ad warns potential clients how to avoid unscrupulous bail bond agents and, of course, directs clients to a particular bail bond company.

Craigslist Ad:
Consumer Warning Notice:

Before you hire ANY professional Bail Bondsman, you encouraged to call a TOLL FREE hotline to listen to a free recorded message that reveals the 5 questions you must ask in order to avoid being RIPPED OFF by a greedy bondsman. Call TOLL FREE (877) 626-8683 X 3004.

Side note: The Missouri consumer hotline of the Department of Insurance, Consumer Affairs Division is 1-800-726-7390. The Consumer Affairs Division is responsible for investigating complaints against anyone licensed by the DIFP.

Bail Scam Targets Seniors

2008-10-05T06:53:00.001-05:00

The St. Louis Business Journal warns readers of a new bail bond scam targeting seniors. The STL-BJ reports, “An 85-year-old St. Ann, Mo., woman answered her phone recently, the voice on the other end said, “Grandma?” When she replied yes, he told her, “I’m in trouble. I’m in jail in Montreal. I was arrested because the guy I was traveling with had dope in his luggage. Grandma, I need you to wire me $5,129 for bail money. Once I get back to St. Louis I can return the bail money to you.” The victim did not wire the money and contacted the Better Business Bureau. The BBB has warned senior citizens to be aware of this emerging telephone scam preying on grandparents nationwide.

Bail News from Other States

2008-10-04T09:21:00.001-05:00

NV-According to KVBC-TV, Bondsman Dale Hazel, of Las Vegas, successfully deterred two armed robbers who tried to rob his bail bond office in the middle of the night. One of the accused robbers was later apprehended. He was a former client of the bail bond company. The other remains at large.

FL-The News-Press reports that bondsman Kevin McHugh made an appointment with a client to discuss payment issues in Bonita Springs, FL. When McHugh arrived at the residence, through an open window, he observed Charles See inside the apartment with drugs in plain view. McHugh called police, who seized 223 grams of marijuana and 1.2 grams of cocaine, 33 oxycoton pills and 40 broken pieces of Zanax pills.

FL-WFTV reports that Casselberry police might have never known about a meth lab had it not been for the bail bondsman who entered a house to revoke the bond of one of the residents. The bondsman discovered the small-scale meth lab in one of the rooms of the house. Agents with the DEA dismantled the meth lab.

NJ-According to Jersey Journal, three law enforcement officers and two bounty hunters have been charged with multiple charges for falsifying body receipts for defendants who have been placed in custody and bribery. Capt. Kenneth Sisk of the prosecutor's office and former sheriff's officers William Chadwick and Alberto Vasquez were charged with giving "body receipts" to bounty hunter Adel Mikhaeil to make it appear he brought 15 fugitives to justice, according to an indictment. The suspects actually had been arrested by law enforcement officers, authorities said. The indictment charges the former officers with official misconduct, falsifying records, theft by deception and conspiracy, while Chadwick was additionally charged with acceptance of unlawful benefit. It is alleged that Mikhaeil gave Chadwick, who served as captain of the sheriff's fugitive unit, $5,500 in return for six "body receipts." Neither Sisk nor Vasquez, a detective in the sheriff's fugitive unit, is accused of taking bribes. Mikhaeil would then turn in those fake "body receipts" to collect higher fees from the insurance companies that had posted bail on the fugitives. Mikhaeil was also accused of passing more than $5,000 in bribes to James Irizarry to steer more cases to him through his former employer, which helped locate fugitives for insurance companies that insure bail bonds. Trevor Williams, one of Mikhaeil's bounty hunter crew, also faces numerous counts including charges he helped Mikhaeil cover up $92,000 in commercial bribes allegedly paid to an insurance company executive in return for business.

Nole Arrested for Possession

2008-10-04T09:17:00.000-05:00

The Columbia Daily Tribune reports that bondsman Arlie Nole, of Hallsville, was arrested yesterday for possession of a controlled substance after the Boone County sheriff’s deputies conducted a search of three homes northeast of Columbia. Nole was released from custody after posting a $9,000 bond.

Nole’s bail bond licensing status indicates he has been licensed since 1994 and works under the authority of Harold McBee.

Bondsman Charged with Stealing Premium

2008-10-03T21:17:00.003-05:00

According to the Daily Journal in Park Hills, MO, bondsman Michele Mayes was charged with Class B felony stealing in connection with bail bonds she wrote. The charge alleges Mayes did not report 72 of the 489 bonds she wrote and failed to pay Allison Bonding $68,000 on those bonds. Mayes was employed by Jack Allison of Allison Bonding and worked from an office in Farmington from January 2006 to February 2008. She was supervised by bondsman, Tim Tucker.

According to casenet, Mayes’ bond is set at $25,000 cash only. She has not been arrested on the warrant.

Update: On 10/7/2008 Mayes' bond was reduced to $7,500 cash only. She surrendered to authorities and posted bond.

Bondsman Charged with Forging POA

2008-09-27T08:26:00.001-05:00

Late yesterday, The Lake Sun Leader posted this dramatic headline: “Bail bondsman busted: Wild Bill charged with forging another bondsman’s name to document.” According to the article, bondsman Billy Mack Snyder was charged with forging his former general agent’s name to a power of attorney form. The article quoted court documents, “...on or about August 31st, 2007, in the County of Camden, State of Missouri, the defendant, with the purpose to defraud, made a writing, to wit: a Power of Attorney dated August 31, 2007 and purporting to have been signed by Ben Hilton in the face amount of $150,000.00 bearing sequence number 00001 so that it purported to have a genuineness and authorship which it did not possess, and defendant used such forged Power of Attorney to post a surety bond for one John Anthony Kelemen in the account of Camden County, Missouri, resulting in John Anthony Kelemen being released from jail.” Snyder was released after he posted a $10,000 surety bond.

Snyder has been licensed since 1997 and now works under the authority of Michael McMahon.

Jail to Bail Article Wins Honors

2008-09-26T09:47:00.000-05:00

The Columbia Missourian’s investigative report “From Jail to Bail” won honors in the 2008 Missouri Press Association's Better Newspaper Contest for Best Investigative Reporting. The article exposed felons licensed as bail bond agents in Missouri and how they are regulated. A list of all 2008 winners here.

Charges Filed Against Bondsman for Stealing

2008-09-23T14:02:00.002-05:00

Cape Girardeau Prosecutor Morley Swingle has filed a felony stealing charge against licensed bail bond agent Simon Ebenstein of Jackson, MO. According to court records, in November 2007, Ebenstein wrote a $30,000 bond in Cape Girardeau County. The probable cause statement alleges that Ebenstein accepted a check for $3,000 in payment for the bond. Four months later, Ebenstein filed a report with his general agent, Bob Griffin, reporting that he had only collected $1,500 and had discounted the remaining $1,500 premium because the fee had been paid by a church.

According to court records Sam Griffin obtained a copy of the cancelled check and presented it to law enforcement officials, who then filed a probable cause statement with the prosecutor. Ebenstein was arrested last week and posted a $7,500 cash only bond.

Ebenstein has been licensed since 2000 and now works under the authority of Barry Block. The DIFP has not filed any disciplinary complaints against Ebenstein at this time.

SE Missourian Coverage

UT-Bondsman Arrested for Kidnapping

2008-09-20T20:39:00.000-05:00

According to this report in The Daily Herald in Provo, UT, a bail bondsman has been arrested for stepping over the line while trying to track down a client, police say. Pablo Alcalde, 60, of West Jordan, UT, was tracking down a man who jumped bail. The man had been arrested on a domestic violence charge. The man was released from the Utah County Jail after posting a bond through Alcalde before disappearing.

Police say Alcalde exceeded his authority when he went to the home of a relative of the fugitive and forced his way in. Police say he handcuffed a male in-law and threatened to hurt him if he didn't help find the bail jumper. Alcalde then allegedly took the in-law to another relative's home where he once again forced his way in. He found the wife of the man for whom he was looking and handcuffed her as well, after she told Alcalde that she didn't know where her husband was, police say.

Alcalde allegedly forced her from the home and put her into his car to look for locations where her husband might be. When Alcalde would stop any place to look for the woman's husband, he would handcuff her and the other man to an interior door handle to keep them in the car while he was looking, police say. Unable to find the bail jumper, Alcalde released the two on a street corner.

Detectives worked the case and were able to identify Alcalde as the suspect. He was located at his home in West Jordan on Tuesday morning and taken into custody without incident and booked into the Utah County Jail. He's being held for felony burglary and kidnapping as well as misdemeanor assault, auto burglary and theft. Bail was set at $200,000. Cash only.

Ebb and Flow of Bail Bond Market

2008-09-08T09:49:00.000-05:00

There is an interesting article printed in the Maryland Daily Record regarding the changing state of the bail bond industry. The article discusses advertising practices, discounting, and the future of bail. It's worth the click.

CA-Bondsman Helps Capture Man with Bombs

2008-08-22T11:46:00.001-05:00

Yreka, CA-Tragedy may have been averted when California bail bond agent Brett Duncan was leaving his office and noticed fugitive Mike Solano parked near the probation offices in Siskiyou County, CA. Duncan said that Solano then spotted him and drove away. Duncan called police who detained Solano just minutes later. Solano began resisting arrest and reached into his boot and pulled out a Beretta pistol. Duncan and Darrell Bourne helped police subdue Solano.

Police found a pipe bomb strapped to Solano’s leg. In Solano’s car, police discovered 15 other home-made explosives, some made with nails and BBs, 70 loaded magazines, more than 4,000 rounds of ammunition, one stolen pistol and two assault weapons, including one with a silencer, surveillance equipment, a tactical vest and clothing with face masks.

Duncan had posted Solano’s $30,000 bond which had been forfeited in July when Solano failed to appear for probation revocation proceedings. Duncan told the Sacramento Bee that it was “dumb luck” when he ran across Solano in front of the probation offices. Yreka Police Chief Brian Bowles thanked Brett Duncan and Darrell Bourne, who helped officers detain Solano. “Without their help, somebody, no doubt, would have been seriously injured or killed in this incident," he said.

Impersonator Wanted Pizza Discount

2008-08-22T07:07:00.001-05:00

In a failed attempt to impersonate a bondsman and a law enforcement officer, Michael Roden of Louisville, KY, was arrested after he allegedly flashed a bail bond agent badge, and then identified himself as a police officer in order to get the cop discount for a pizza. Unfortunately for Roden, a real cop was also dining in the pizza parlor and arrested Roden for impersonating an officer. No charges were filed for impersonating a bondsman….probably because bondsmen don’t get pizza discounts.

(If you think I made this up, click to read the top story on WHAS-TV.)

Bondsman Arrested for Attempted Theft

2008-08-19T13:32:00.002-05:00

Licensed bondsman Jackie Covey of Carthage, MO, was arrested Saturday in Dade County for attempted theft/stealing of an item valued over $25,000 and possession of burglary tools. The Dade County Sheriff’s Office also arrested Aaron Redburn. According to court records, Redburn and Covey were arrested for attempting to steal four ATVs from S&H Farm Supply. Both had bonds set at $100,000 cash only. Covey’s bond was later changed to cash or surety on the condition that the bond is made by someone other than the company she works for and that she has no contact with Aaron Redburn. According to casenet, Covey later posted bond with McBee Bail Bonds.

As reported here earlier, Covey was arrested in January of this year along with Redburn. KOAM-TV reported that Covey was seen on surveillance video returning a stolen home theatre system and receiving a gift card in exchange. She was charged with receiving stolen property and has been bound over for trial in the Circuit Court of Jasper County.

There is also an ongoing investigation into a fire that destroyed Covey’s home last May. The Missouri State Fire Marshall’s Office confirmed that the fire that destroyed her home has been ruled an arson and is an ongoing criminal investigation. No charges have been filed against anyone in connection with this investigation.

Covey has been licensed since 2003. There are no disciplinary issues before the DIFP at this time.

CT: Bondsman Says Bond Discounting is Public Safety Issue

2008-08-17T08:28:00.001-05:00

The Connecticut bail system has been under a lot of scrutiny after a federal probe exposed corruption by officials, a police officer and three bondsmen.

In an editorial printed in the Hartford Courant, bondsman Patrick Moynihan said that discounting the state required minimum bail premiums is putting the public at risk. According to Moynihan, in Connecticut, the minimum bail premium is between 7 to 10 percent, depending upon the total amount of the bond. He said bondsmen are illegally discounting bonds to 2 or 3 percent. He opines, “With the going rate for bail bonds at a fraction of the legal limit, it is fair to assume that most if not all of these offenders were released on illegally discounted bail bond premiums. This practice only helps them return to the communities they terrorize. It creates a revolving door for violent and repeat offenders and makes bail bond companies incapable of fulfilling their financial obligations to the state.” He closed his editorial stating that commercial bail is superior to all other forms of release, but the system needs increased regulation.

Federal Court Says Judges Can Disqualify Bondsmen

2008-08-15T07:34:00.005-05:00

Back in 2006, I reported a federal lawsuit filed by several bondsmen against the two judges, a prosecutor, two bondsmen and law enforcement in southeast Missouri. Here is some background on the suit:

Tom Peak, owner of Peak Bail Bonds of Jefferson City, and three of his agents filed a lawsuit in US District Court against two Missouri presiding circuit judges, the Honorable Mark Richardson of the 36th Judicial Circuit and the Honorable Fred Copeland of the 34th Judicial Circuit. Also named were state troopers Buddy Cooper and Jeff Heath, Sheriff Mark Dobbs of Butler County, New Madrid County Prosecuting Attorney Lewis Recker, and Phillip Childress and Craig Meador of Childress Bail Bonds of Poplar Bluff, MO.

Plaintiffs Peak, Glenn Beazley of Jefferson City, Bobby Martin of Marston, and John Montgomery of Poplar Bluff, alleged in a seven count complaint; two counts of conspiracy, denial of due process, tortuous interference, slander, libel, and injurious falsehood. The complaint alleged that Peak and his agents were unfairly denied the right to conduct bail bond business in the courts’ jurisdictions based partly upon a complaint received by competitor Childress. The suit alleged that Richardson, Copeland, Dobbs, Recker, Cooper and Heath used the power and prestige of their positions to investigate and discredit plaintiffs without authority. The complaint also alleged that the injurious statements regarding Martin and Montgomery were false and harmful, and defendants intended the harm or should have recognized that harm was likely as a result of the false statements.

In December 2007, all the defendants except Judge Copeland and Judge Richardson were dismissed from the lawsuit. All of the counts were dismissed, except for one, which alleged denial of due process rights. Specifically the one remaining count of the complaint was:

“Defendants failed to use proper procedure and were recklessly indifferent to the civil rights of Plaintiffs in the following manners: a) No Missouri statute, regulation or rule provides Defendants Richardson and Copeland the authority to conduct investigations into any activities of Bail Bond Agents, revoke the license of any Bail Bond Agent, or otherwise limit the bond activity of any bail Bond Agent. Conducting investigations into the alleged activities of Plaintiff and ‘revoking’ the licenses of Plaintiffs Martin and Montgomery was outside the scope of their authority. Defendants disregard of established procedure for investigation activities into Bond Agents and acting outside of the scope of their own authority constitutes deliberate indifference to the civil rights of Plaintiffs, established under the laws of the State of Missouri.”

Both parties moved for summary judgment and here is some of what the federal court said:

1) Considering the relevant statutes, the Missouri Supreme Court Rules, and the trial court's obligation to enforce those rules, it becomes apparent that Defendants are permitted, if not required, to determine whether bail bond agents writing bonds in their courts are reputable. (Emphasis added)
2)….The Court finds that revoking a bail bond agent's privilege to write bail bonds in a judge's court or circuit is a judicial action, i.e., an act taken in the judge's judicial capacity.
3) The clear weight of authority gives Missouri circuit judges jurisdiction to determine whether a particular surety can write bonds in that judge's circuit. A judge's alleged failure to do so without an investigation into the underlying reasons or a judge's failure to give any pre- or post-revocation procedural protections to the revoked agent does not deprive that judge of jurisdiction over bail bond approval or rejection. At worst, Defendants acted in excess of their jurisdiction; and this is insufficient to deprive them of judicial immunity.

Bail bond agents have routinely referred RSMO 374.759.3, which reads, “All Missouri licensed bail bond agents or licensed general agents shall be qualified, without further requirements, in all jurisdictions of this state, as provided in rules promulgated by the supreme court of Missouri and not by any circuit court rule.” (Emphasis by court) Bondsmen have argued that this statute establishes the agents’ authority to work and a judge cannot interfere with that. The federal court said that although the state bail bond statutes do, in fact, refer to Missouri Supreme Court Rules, the reference is not in the context of amending or annulling the rules but is in giving deference to the rules. Additionally, the court said it is the trial court's duty to enforce Missouri Supreme Court Rules.

The court's entire ruling here.
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DIFP Disciplinary Actions

2008-08-13T06:45:00.001-05:00

The following licensed bondsmen paid voluntary penalties to the Missouri School Fund in order to settle disciplinary issues before the Department of Insurance.

James (Doug) Graue, Hayti, MO, voluntary forfeiture of $3,982.35 for department allegations of permitting an unlicensed person to solicit or engage in the bail bond business.

Carlin Baird, Carthage, MO, voluntary forfeiture of $100 for department allegations of misrepresentation on a bail bond license application.

Renelle Evans, Columbia, MO, voluntary forfeiture of $100 for department allegations of misrepresentation on a bail bond license application.

Hoyt Ray, Sedalia, MO, voluntary forfeiture of $100 for department allegations of misrepresentation on a bail bond license application.

In other disciplinary actions, the DIFP has refused to renew the bail bond license of Douglas Meeks of Fredericktown. The DIFP’s complaint alleges that Meeks’s license was refused because he entered a plea of guilty in two felony cases in 1994. The DIFP's complaint states that Meeks was given suspended imposition of sentencing in the cases. Meeks has been licensed since 2004. He has filed a complaint with the Administrative Hearing Commission on the matter, which is scheduled to be heard on November 14th.

The DIFP also refused to renew the license of Flay Bledsoe, of Kansas City. According to the complaint, the DIFP alleges that Bledsoe entered a plea of guilty to possession of a controlled substance in 2006 and was given a suspended imposition of sentence. The DIFP alleges that Bledsoe did not disclose the SIS on his renewal application.

AHC Issues Decision in Joyce Case

2008-08-12T10:36:00.002-05:00

The Administrative Hearing Commission has issued its third decision regarding the license of bondsman Phillip Joyce. In the latest decision, the AHC ruled that Joyce’s license should be denied because he does not meet the qualifications for licensure under Missouri Supreme Court rules as required by RSMO 374.715.1. The DIFP refused to renew Joyce's license last year. The DIFP's order stated that Joyce's license had been refused because he was convicted in 1995 of stealing by deceit in Scott County, Missouri, and pled nolo contendere to the same type of charge in Craighead County, Arkansas. The DIFP alleged that Joyce was not qualified for a bail bond license because the Department must apply the current licensing statutes retrospectively, that because of Joyce’s convictions, he does not meet supreme court rule, and that he committed fraud or deception by not disclosing his nolo contendere case in Arkansas on his application. Joyce appealed the DIFP’s decision by filing a complaint with the AHC. The AHC quoted RSMO 374.715.1 which states that an applicant must prove that he/she meets the qualifications for surety on bail bonds as provided by supreme court rule. [Emphasis added by AHC.] The AHC ruled, “The felony convictions and pleas disqualify Joyce from acting as a surety on bail bonds. Because Joyce failed to submit proof that he ‘meets the qualifications for surety on bail bonds as provided by supreme court rule’ under RSMO 374.715.1, we have no discretion to issue the bail bond license.” The AHC also said, “The Supreme Court Rule is even more clear, using the language: ‘Has not, within the past 15 years, been found guilty of or pleaded guilty or nolo contendere . . . .’ The rule references past conduct as a basis to determine whether an application should be denied…….That the Director and this Commission granted Joyce’s application in the past does not affect our decision in this case, under different circumstances and different interpretation of the laws.”

The AHC had ruled on Joyce’s license on two other occasions. In 1998, the AHC ruled that the licensing provisions regarding the licensing of felons (in effect at that time) were permissive and not mandatory. The AHC ruled that although Phillip Joyce was a convicted felon, he should be granted a bail bond license. The Commission ruled that Joyce exhibited a good reputation in his new community, was resolved not to repeat his mistakes, and was candid about his convictions. The AHC concluded that these factors outweighed the felony convictions and granted him a license. Two years later Joyce applied for a general bail bond license and his application was denied by the Department of Insurance for the same reason, felony convictions. Again, Joyce appealed to the AHC. This time the AHC ruled in favor of the Department of Insurance. The AHC ruled that the wording of the applicable statutes and Missouri Supreme Court Rules prohibited the issuance of a general bail bond license. The commission said that a general bail bond agent shall meet the qualifications for surety on bail bonds as provided by supreme court rule..... and supreme court rule 33.17(c) states that the surety has not been convicted of any felony under the laws of any state or the United States. (The Supreme Court rule has since been amended to include the 15 year clause.)

Previous Posts on Joyce Decisions:
DIFP Refuses to Renew Joyce License 7/13/2007
Joyce Decisions-Defining Bail Bond Law 4/24/2006

FL-Bail Bond Student Arrested for Threatening Obama and Bush

2008-08-08T10:19:00.000-05:00

Miami, FL-A man attending a bail bond pre-licensing education class in Miami, FL has been arrested for threatening the lives of Senator Obama and President Bush. Raymond Hunter Geisel is being held without bail on federal charges. The Secret Service Agent’s affidavit states that he relied on information furnished by other students in the class. One student quoted Geisel as saying, “That nigger, if he gets elected, I’ll assassinate him myself.” Another student reported that Geisel said he hated George W. Bush and wanted to put a bullet in the President’s head. A search of Geisel’s hotel room and personal vehicle revealed emergency lights, a hand gun, several types of ammo including body armor piercing ammo, a machete, knives, body armor, batons, tear gas, and stun gun. Geisel had recently moved to Florida from Maine and was living on a sailboat with his girlfriend.

DIFP Files Complaint for Use of Badge

2008-08-01T07:35:00.000-05:00

The DIFP has filed a complaint with the Administrative Hearing Commission against bondsman Michael Barton. According to court records, Barton used a badge containing the words “Fugitive Recovery Agent” to impersonate a law enforcement officer. Barton went to the home of woman wearing the badge around his neck and a gun on his right hip. According to the woman, Barton identified himself as a federal agent and demanded that she turn over some unidentified property to a third person not identified in the reports. The woman released the property to Barton and he left. She then called the Phelps County Sheriff to verify that Barton was indeed a law enforcement officer. A Phelps County Sheriff’s deputy arrested Barton for impersonating an officer. He later pleaded guilty to the misdemeanor offense. The DIFP’s complaint alleges that Barton is subject to discipline because he no longer meets the qualification for surety because he pleaded guilty to a crime involving moral turpitude.

Barton has been licensed since 2006 and has relocated from the Rolla area to the St. Louis area.

Fugitive Recovery School Owners Arrested for Badges

2008-07-31T10:38:00.003-05:00

Ralph Rios and Robert Neves, owners of a bounty hunter training school called US Recovery Bureau, were arrested by federal authorities for distributing badges and credentials that… “give the impression that they were issued by actual government law enforcement agencies because, among other reasons, (a) the badge is in the same shape as a New York City Police Department (“NYPD”) Detective badge; (b) the badge bears a seal with a bald eagle that is a facsimile of the great seal of the United States; (c) the badge reads “U.S. Recovery Bureau” and under the seal is the word “Agent” and a badge serial number; (d)the badge is in a leather wallet that also holds credentials that are the same shape and size as federal law enforcement credentials and identify the graduate as a “Special Agent” of the “U.S. Recovery Bureau”; (e) the credentials bear an emblem in the center of the card that is a facsimile of the great seal of the United States; and (f) the credentials lack any clear indication that they are not issued by a governmental organization.”

According to the US Department of Justice’s press release, law enforcement authorities have arrested multiple graduates of U.S. Recovery Bureau for using the credentials issued by the school. On some occasions, students have used their school-issued credentials to try to avoid tickets and other law enforcement actions. In other cases, students have used the credentials to try to access secure government buildings. In at least one case, students have used the school-issued credentials to impersonate law enforcement officers in order to effectuate robberies. Of approximately 943 students who received credentials from U.S. Recovery Bureau, at least 78 were convicted felons at the time they took the U.S. Recovery Bureau course.

Nieves is out on a $50,000 bond and Rios is out on a $25,000 bond.