Recent Licensing Actions

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

AHC Issues Decision in Loughary Case

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

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

DIFP Actions on Bail Licensees

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.

Monthly Affidavits Required

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

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.

DIFP Disciplinary Actions

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

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

DIFP Files Complaint for Use of Badge

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.

DIFP Issues Cease and Desist

The DIFP has issued another cease and desist order prohibiting Regina Muwwakkil and all those writing under her authority to cease writing bail without demonstrating to the State that Muwwakkil has a CD assigned to the State of Missouri in the amount of $25,000. The order also directs Muwwakkil to pay $544.16 to cover the costs of the DIFP’s investigation and fines her $3,500 for violating the insurance laws.

The order states the Muwwakkil’s certificate of deposit was forwarded to Jackson County Circuit Court last September. After the DIFP was notified the CD had been attached, the department gave Muwwakkil several weeks to replace it. The DIFP issued a statement of charges against her on November 1st. In December, the department alleges they told Muwwakkil that she nor her agents could write bonds until the CD was replaced. The DIFP’s order states that in December and January Muwwakkil’s company wrote at least seven more bonds. In January, the department issued a cease and desist order. In February the cease and desist order was vacated. In May the matter came up for a hearing and Muwwakkil was assessed a fine, the costs of the investigation, and another cease and desist order was issued.

Previous coverage:
DIFP Orders General Agent to Cease Writing Bail 1/5/2008

Bondsman Fined in Licensing Issue

The DIFP reports that bondsman Michael McMahon, of Camdenton, paid a voluntary fine of $200 for department allegations of use of fraud, deception, misrepresentation or bribery in securing a bail bond license. McMahon was licensed as a general agent in May. He has held a bail bond license since 2003.

FOLLOWUP: Fugitive Incident Case History

I have received several phone calls regarding my post yesterday involving the fugitive recovery incident addressed by the Administrative Hearing Commission in 2000. Michael Keethler’s bail license was re-issued by the DIFP in 2005. His license is now active and in good-standing with the DIFP.

AHC Case History on Fugitive Incident

I came across an older case which was decided by the Administrative Hearing Commission (AHC) in 2000. I became interested when I learned that the case involved the use of a weapon while performing fugitive recovery work. The agent involved, Michael Keethler, had his license renewal refused by the AHC for gross negligence involving his work as a bondsman. According to a report published by the Columbia Daily Tribune and the decision of the AHC, Keethler went to the residence of Larry W. Creason in order to revoke his bond. Keethler and another agent blocked the car that Creason was in and tried to take him into custody. Creason escaped on foot. The reports stated that Keethler fired a warning shot and then fired two other shots, one of which grazed Creason on the head. The police were summoned and Keethler was arrested for armed criminal action, first-degree assault, and unlawful use of a weapon and released on a $45,000 bond. Keethler later pleaded guilty to misdemeanor assault with injury and was placed on two years probation. The DIFP refused to renew his license citing that Keethler had committed incompetency, gross negligence, or misconduct in the performance of his duties as a bondsman in violation of RSMO 374.755(5). Keethler filed a complaint with the AHC against the department’s action. The commission ruled that Keethler had not committed misconduct by having the weapon with him. The commission said, “We recognize that Keethler had reason to believe that Creason could be armed and dangerous. For that reason, we do not believe that Keethler committed the act with a wrongful intention, which would be misconduct.” The AHC also said, “However, there was no evidence that Creason actually was armed, and he was running away at the time Keethler shot him. Keethler fired the shots in a trailer park while a number of people were at the scene. Such actions were reckless and demonstrate a conscious indifference to professional duty. We conclude that Keethler’s conduct was gross negligence, but we find the evidence insufficient to demonstrate incompetency or misconduct.”

When the AHC rendered its decision on Keethler, it published the following definitions:

Incompetency-either a licensee’s general lack of present ability, or a lack of disposition to use his otherwise sufficient present ability, to perform a given duty.
Misconduct-the willful doing of an act with a wrongful intention.
Gross negligence-an act or course of conduct which demonstrates a conscious indifference to a professional duty, and that indifference constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.

Incidentally, Larry W. Creason was arrested earlier this week after a long pursuit in Boone County involving a helicopter. Creason was charged with possession of meth paraphernalia, possession of meth chemicals, and resisting arrest. His bond was listed at $50,500 and he was later released on bond.

DIFP Licensing Actions

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

The Administrative Hearing Commission has dismissed the complaint filed against the DIFP by John Garrett. In October 2007, the department refused to renew Garrett’s bail bond license. The DIFP’s order stated the refusal was issued because Garrett pled guilty to unlawful use of a weapon in 1996. Garrett received a SIS in the case and did not disclose the plea on his renewal application. Garrett then filed a complaint with the AHC asking for a hearing on the matter. However, he did not attend the hearing which was scheduled last February. The DIFP moved for a dismissal, which was granted by the hearing official at the AHC.

The AHC denied the DIFP’s motion to dismiss the complaint filed by Edward Loughary against the DIFP. The department refused to renew Loughary’s license, citing he had been convicted of mail fraud in US District Court in 1993. The order states that Loughary is disqualified for licensure because of the plea and for fraud and deception on his 2003 initial application for licensure. Loughary answered “yes” to the question concerning any felony convictions on his 2007 renewal application. But according to the Department, Loughary answered “no” to a similar question on his 2003 application. Loughary then filed a complaint with the AHC asking for a hearing on the matter. The DIFP filed a motion for dismissal claiming that Loughary’s petition did not set forth facts showing that he was entitled to be licensed. The AHC denied the department’s motion and the case is set to be heard on April 22nd.

The DIFP has filed a notice of dismissal against general agent Cynthia Saulmon and Afford Able Bail Bonds, Inc. The department’s dismissal states that it has been unable to locate and serve notice to Saulmon and/or her company. The DIFP's original complaint alleged that Saulmon committed fraud, deception, or misrepresentation by filing affidavits with the local court claiming real property they allege she did not own. According to the complaint, Saulmon had an investor who executed two quit claim deeds to Saulmon’s company for property he legally owned. Those deeds were recorded. On the same day, Saulmon executed two quit claim deeds back to the investor, but those deeds were not recorded. The Department alleged that when Saulmon executed the un-recorded quit claim deeds back to the investor, she no longer owned the properties. The DIFP alleged that the counties of Clay and Jackson relied on the properties which were listed in her general affidavit of qualification with the courts. The DIFP also alleged that Saulmon is subject to discipline for writing a bad check for license renewal to the State of Kansas. The DIFP asserted that Saulmon is also subject to discipline in Missouri because she was disciplined in Kansas under a similar statute and her license was revoked. The allegations were dismissed when the DIFP filed the notice of dismissal. Saulmon's license is listed as inactive on the DIFP's website.

AHC Issues Decision on Remand

The Administrative Hearing Commission has issued a decision on remand in the case of licensed bondsman Donald Christian. The case began when the DIFP filed a complaint against Christian in 2006 because Christian had been convicted of a felony drug charge 1998. The AHC ruled against the department saying that the DIFP used statutes in effect in 2006 in composing the complaint, and those statutes could not be used to discipline Christian because they were not in effect at the time Christian committed the offenses. The DIFP filed for judicial review of the decision in Cole County Circuit Court. The court concluded that retrospective application of the statutes did not violate any of Christian’s rights and that the licensing agency has a vital interest in safeguarding the public’s health and welfare. The court ruled that the Director had established cause to discipline the licensee and ordered the AHC to reverse its findings and make a decision consistent with the court’s judgment. The AHC then issued a decision consistent with the court’s finding and ruled that retrospective application of the statutes is permissible and the laws in effect at the time of application or renewal control the qualification of the applicant.

Previous Coverage
Court Reverses AHC in Christian Case
DIFP Files Petition for Review in Circuit Court
AHC Rules No Cause for Discipline in Christian Case

Jackson's Bail License Revoked

Virgil Lee Jackson’s career in the bail industry has come to an end. The DIFP and Jackson entered into a consent agreement to revoke Jackson’s license. Late in 2005, the department filed a complaint against Jackson after he was arrested for conspiring to murder his competitor, Jerry Cox. In November 2007, Jackson was sentenced to 10 years in a federal prison after he entered a plea of guilty to the murder for hire charge. Jackson signed the consent agreement which states that he has permanently surrendered his license. The DIFP agreed to dismiss the disciplinary complaint pending before the Administrative Hearing Commission.

My previous Posts
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

*Accused co-conspirator Glen Dostson is scheduled to go to jury trial on March 3rd. Dotson's bail license expired last November. There are no published disciplinary actions or complaints against Dotson's license at this time.

Licenses Revoked in Residency Case

The DIFP has ordered license revocation for Ulis Vickers, Kristin Vickers, and U&K Investments, Inc. The department adopted the ruling of the AHC, who ruled that the Vickers and their company had committed misrepresentation to the DIFP when they claimed on their licensing applications to be residents of Missouri when they were residents of Kansas.

Timeline of the case:

DIFP files Complaint with AHC-January 5, 2007
AHC Hearing Held 8/13/2007
AHC Orders Cause to Discipline 10/3/2007
DIFP Disciplinary Hearing 1/16/2008
DIFP Orders Revocation 1/17/2008

DIFP Enters Into Consent Agreement on License Refusal

The DIFP has entered into a consent agreement with general agent Stephan Burke of Doniphan. On December 31st, the DIFP refused to renew Burke’s license, alleging that Burke had failed to file his monthly affidavit for five years. The DIFP also alleged that Burke had failed to supply it with requested information concerning his renewal.

On January 11th, the department entered into a consent agreement with Burke ordering that the DIFP will renew Burke’s license on the condition that he obey all laws including the statute requiring monthly affidavits. Burke waives any right to judicial review or a hearing before the Administrative Hearing Commission.

Previous Post on Burke Case

DIFP Refuses to Renew General Agent's License

The DIFP has refused to renew the general agent’s license for Stephan Burke of Doniphan. The DIFP’s order states that Burke’s license has been refused because for the last five years, he has failed to file a monthly affadavit as required by RSMO 374.760. Additionally, the department alleges that Burke failed to supply additional information on his license renewal application as requested by the DIFP’s special investigator. The department’s order does not specify what information it had requested. Burke has 30 days to request a hearing before the Administrative Hearing Commission.

Burke has been a licensed general agent since 2001 and previously held an agent’s license beginning in 1997.

DIFP Orders General Agent to Cease Writing Bail

The DIFP has issued a cease and desist order prohibiting general agent Regina Muwwakkil and all others doing business under her authority from engaging in the bail bond business. The order states the Muwwakkil’s certificate of deposit was forwarded to Jackson County Circuit Court last September. After the DIFP was notified the CD had been attached, the department gave Muwwakkil several weeks to replace it. When the CD was not replaced, the DIFP issued the cease and desist order.

Muwwakkil, of Kansas City, has been licensed as a general agent since September 2006, and was previously licensed as an agent in 2001. She currently has seven agents writing under her authority.

Muwwakkil may be required to pay the costs associated with the department’s investigation when a hearing is held on February 5th.

Court Reverses AHC in Christian Case

The Cole County Circuit Court has reversed the decision of the Administrative Hearing Commission in the Donald Christian licensing case, ruling that current statutes could be retrospectively applied in licensing issues.

Christian pleaded guilty in 1998 to possession of a controlled substance and according to the DIFP’s complaint, was sentenced to three years in the Missouri Department of Corrections. In 2005, Christian was issued a bail bond license. In November 2006, the department filed a complaint with the AHC, seeking to discipline Christian’s license because of the conviction. In May, the AHC issued a ruling that the DIFP had no cause to discipline because the statutes currently in effect could not be applied retrospectively to the time Christian pleaded guilty. The DIFP then filed a petition for review in the Cole County Circuit Court. The court said in its ruling that retroactive application of the statutes did not violate any of Christian’s rights and that the licensing agency has a vital interest in safeguarding the public’s health and welfare. In summary, the court said that the Director had established cause to discipline the licensee and ordered the AHC to reverse its findings and make a decision consistent with the court’s judgment.

According to the records, Christian was not present at the AHC hearing or the judicial review proceedings. He was not represented by counsel.

Links to previous posts
DIFP Files for Judicial Review
AHC Rules No Cause to Discipline