Monday, January 22, 2007
Dotson/Jackson Trial Officially Postponed
The Dotson/Jackson trial has been officially postponed. A new date has not been posted at this time. Last week Dotson filed his second waiver of speedy trial. In that waiver, Dotson and his attorney say they have been informed that the US government may seek a second or superseding indictment concerning a potential RICO violation. If this were to occur, the waiver states, Dotson and/or Jackson would be facing two separate trials.
Thursday, January 11, 2007
Dotson/Jackson Trial??????
Although I usually do not speculate on this site, today I will make an exception. In reading the most recent court documents in the Dotson/Jackson case, I conclude that another continuance in underway. Today, Jackson filed a written waiver of speedy trial. I can't think of one reason a defendant would sign a speedy trial waiver this close to trial date unless talks were underway for another continuance. In the January 7th order setting forth trial procedures, the judge ruled that no new continuances would be granted unless a fully executed written waiver accompanied the request. Ah, the wheels of justice turn slowly.
Bondsman Virgil Lee Jackson continues to be held on federal charges for conspiracy to commit murder and felon in possession of a firearm. Glen Dotson, also a Missouri licensed bondsman, is charged with furnishing the firearm to Jackson. Dotson is no longer in federal custody. He was granted a bond after executing a waiver of speedy trial after the last trial continuance in October 2006. The intended victim of the conspiracy was competitor Gerald Cox.
To review the Jackson/Dotson developments follow these links:
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
Bondsman Virgil Lee Jackson continues to be held on federal charges for conspiracy to commit murder and felon in possession of a firearm. Glen Dotson, also a Missouri licensed bondsman, is charged with furnishing the firearm to Jackson. Dotson is no longer in federal custody. He was granted a bond after executing a waiver of speedy trial after the last trial continuance in October 2006. The intended victim of the conspiracy was competitor Gerald Cox.
To review the Jackson/Dotson developments follow these links:
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
Sunday, January 7, 2007
Former Agent Appeals DIFP License Refusal
Gregory Billingsley of Macon, MO has appealed the DIFP’s October 2006 decision to refuse to grant him a bail bond license. According to the Department’s ruling, Billingsley previously held a general bail bond license from 1996 to 1999. The DIFP alleges in their decision that Billingsley surrendered his general bail bond license after he had numerous unsatisfied judgments. Billingsley’s $10,000 CD was attached to satisfy some of the judgments. DIFP refused to grant Billingsley’s recent application for a bail bond license, stating that he failed to meet qualifications for surety under MO Supreme Court rules, had demonstrated incompetence, and had violated obligations imposed by the laws of this state by not satisfying the previous judgments against him. Billingsley appealed the DIFP ruling to the Administrative Hearing Commission. That hearing is scheduled for April 2, 2007.
Saturday, January 6, 2007
MO Bail Bond Co. Files Lawsuit Against DIFP
L&C Investments, President Doug Cheatham, and two agents, Randy Garrison and Shelli Perrey, have filed a lawsuit in U.S. District Court against the Missouri Department of Insurance and several Department employees. The suit names former Director Dale Finke, Investigator Robert Volkmer, Kathryn Turner as Senior Counsel for the Consumer Affairs Division, and Kevin Hall as legal representative for the Department.
L&C and its agents filed two counts of conspiracy, negligence, slander, libel and 14th amendment claims against the DIFP and its employees. L&C alleges Department employees conspired to force a refund of a disputed bond fee, delayed licensing for plaintiffs, improperly filed an appealed bail bond judgment on the OSCA list, and committed slander and libel against plaintiffs to the Missouri courts and members of the bail bond profession. In its count of negligence, L&C alleges the DIFP allowed L&C to become a licensed general bail bond corporation and then in September 2006, without a change in rule or law, the DIFP ruled that corporations were no longer in compliance of licensing laws, and required L&C to cease writing bonds or to write bonds under a secondary insurance contract.
The lawsuit was filed in US District Court, Western District of Missouri.
L&C and its agents filed two counts of conspiracy, negligence, slander, libel and 14th amendment claims against the DIFP and its employees. L&C alleges Department employees conspired to force a refund of a disputed bond fee, delayed licensing for plaintiffs, improperly filed an appealed bail bond judgment on the OSCA list, and committed slander and libel against plaintiffs to the Missouri courts and members of the bail bond profession. In its count of negligence, L&C alleges the DIFP allowed L&C to become a licensed general bail bond corporation and then in September 2006, without a change in rule or law, the DIFP ruled that corporations were no longer in compliance of licensing laws, and required L&C to cease writing bonds or to write bonds under a secondary insurance contract.
The lawsuit was filed in US District Court, Western District of Missouri.
Friday, January 5, 2007
DIFP Director Retires: Ommen Named Replacement
Governor Matt Blunt announced that he has accepted the retirement notice given to him by Department of Insurance, Financial Institutions and Professional Registration (DIFP) Director Dale Finke. Blunt named Doug Ommen as Finke’s replacement at DIFP. Ommen, of Jefferson City, is the current deputy director and general counsel for the department. Ommen holds a bachelor’s degree from Rockhurst College and a juris doctorate from Saint Louis University. Before joining DIFP, Ommen served as commissioner of securities at the Secretary of State’s Office from January 2001 until December 2004.
Wednesday, December 20, 2006
Dept. of Insurance Files Complaint Against C&M Bonding
The Missouri Department of Insurance (DIFP) has filed a complaint against Cody W. Ice and his company C&M Bonding, Inc. The link to the complaint is here. The Department alleges that C&M and its president received compensation by means of fraud, misrepresentation, or deception. According to the complaint, C&M posted a bond in Camden County for $250,000 and another cash bond for $5,000. The defendant was not able to secure his release because he had a detainer from the State of Illinois. Twelve days later C&M revoked both bonds and did not refund the defendant’s bond fees. The Department also seeks discipline from the Administrative Hearing Commission because it alleges C&M failed to satisfy bond forfeitures in a timely manner. The DIFP complains that C&M had two unsatisfied judgments dated August 2005 and did not satisfy them until October 2006. The hearing is set for April 18, 2007.
Monday, December 18, 2006
Link to Bail Bond Bill
I have had a lot of feedback concerning the file size of the pre-filed bail bond/insurance regulation bill (SB153) referenced in my post on December 13th. It is a large PDF file; the bail bond section begins on page 25. Here is a shortcut link to just the bail section which is 7 pages long.
SB153 Bail Section Only-7 pages
SB153 Bail Section Only-7 pages
Friday, December 15, 2006
AHC Ruling: Felon Cannot be Disciplined
The Administrative Hearing Commission (AHC) has issued a ruling stating that the Department of Insurance (DIFP) has failed to make its case in the discipline of convicted felon and former bondsman, Gerald Cummings. Although Cummings failed to appear to defend himself, the AHC ruled in his favor. According to the ruling, Cummings was found guilty of possession of a controlled substance and unlawful use of a weapon. On April 18, 2005, the court suspended the imposition of sentence and placed Cummings on probation for five years. The court records submitted by the DIFP do not indicate whether the court’s findings of guilt were after trial or after a plea of guilty or nolo contendere. The DIFP offered the "Lee Clause" to support its position that Cummings was subject to discipline. The Lee Clause (374.755[2]) states:
[f]inal adjudication or a plea of guilty or nolo contendere within the past fifteen years in a criminal prosecution under any state or federal law for a felony or a crime involving moral turpitude whether or not a sentence is imposed, prior to issuance of license date[.]
The AHC ruled that final adjudication did not include a suspended imposition of sentence and certified court documents submitted by the DIFP did not state whether Cummings entered “a plea of guilty or nolo contendere” but just said he was “found guilty.” The Commission ruled that the court documents submitted failed to meet the wording of the Lee Clause. Further, the AHC said that had the DIFP submitted documentation that Cummings pleaded guilty that they would have to know when the plea occurred. The AHC spent considerable time debating the “ comma-prior to issuance of license date” indicating that the comma modifies all that goes before it and would be interpreted that discipline could be issued for those with felony convictions within 15 years before initial licensing but would not apply to felonies committed after the licensing date. The AHC did not issue a ruling on the licensing date section of the Lee Clause and said they would save that for another day.
The AHC additionally ruled that the DIFP did not have cause to discipline Cummings for refusing to respond to Department letters and refusing to furnish information to the Department. The law cited by the DIFP was in regard to the business of insurance and the AHC ruled that bail bond business has not been established as an “insurance business.”
Finally, the AHC ruled that Cummings criminal offenses were committed prior to the 2005 bail bond law and applied the 2000 version of the statute. In its ruling, the Commission stated that Cummings’ criminal offenses were not committed in the performance of his duties as a bondsman, so he was not considered to have committed misconduct. The AHC, nor the DIFP, addressed the prior statute section regarding the Missouri Supreme Court rule pertaining to the conviction of felons.
The DIFP has filed a petition for judicial review of this case in Cole County. The case number is 06AC-CC01084.
[f]inal adjudication or a plea of guilty or nolo contendere within the past fifteen years in a criminal prosecution under any state or federal law for a felony or a crime involving moral turpitude whether or not a sentence is imposed, prior to issuance of license date[.]
The AHC ruled that final adjudication did not include a suspended imposition of sentence and certified court documents submitted by the DIFP did not state whether Cummings entered “a plea of guilty or nolo contendere” but just said he was “found guilty.” The Commission ruled that the court documents submitted failed to meet the wording of the Lee Clause. Further, the AHC said that had the DIFP submitted documentation that Cummings pleaded guilty that they would have to know when the plea occurred. The AHC spent considerable time debating the “ comma-prior to issuance of license date” indicating that the comma modifies all that goes before it and would be interpreted that discipline could be issued for those with felony convictions within 15 years before initial licensing but would not apply to felonies committed after the licensing date. The AHC did not issue a ruling on the licensing date section of the Lee Clause and said they would save that for another day.
The AHC additionally ruled that the DIFP did not have cause to discipline Cummings for refusing to respond to Department letters and refusing to furnish information to the Department. The law cited by the DIFP was in regard to the business of insurance and the AHC ruled that bail bond business has not been established as an “insurance business.”
Finally, the AHC ruled that Cummings criminal offenses were committed prior to the 2005 bail bond law and applied the 2000 version of the statute. In its ruling, the Commission stated that Cummings’ criminal offenses were not committed in the performance of his duties as a bondsman, so he was not considered to have committed misconduct. The AHC, nor the DIFP, addressed the prior statute section regarding the Missouri Supreme Court rule pertaining to the conviction of felons.
The DIFP has filed a petition for judicial review of this case in Cole County. The case number is 06AC-CC01084.
Wednesday, December 13, 2006
Bail Bond Bill Filed in Senate
A bail bond and insurance regulation bill has been pre-filed by Senator Engler in the Senate (SB153). This year’s bill includes language from the licensing bill submitted by the Department of Insurance last year, as well as the bail bond bill promoted by the Missouri Professional Bail Bonding Association. A summary of the provisions of the bail bond section of the bill are as follows, my comments in blue:
1) Increases the general agent's assigned CD from $10,000 to $20,000 and allows by regulation, the Department to increase the CD to $100,000.
2) “Each general bail bond agent shall file with the director and the state courts administrator, no later than December first of each year, a sworn affidavit in a form and manner prescribed by the state courts administrator attesting that the general agent has net assets with a value in excess of any personal exemptions from execution, at least equal to the aggregate amount of bonds that are subject to execution in this state. The state courts administrator may establish and assess a filing fee. This filing shall be satisfactory proof of compliance with the financial qualification under supreme court rule and no municipal and circuit court in this state may place additional financial requirements upon a general bail bond agent duly qualified with the state courts administrator.” This provision by-passes filing with the local courts and establishes a system to report to the Office of State Courts Administrator. The language states that each general agent (but not insurance companies) file an affidavit saying that his/her total net assets exceed the aggregate (total) amount of bonds written. This provision creates a “dollar for dollar” system and assumes that 100% of your bonds will result in judgment. Insurance companies are exempt from this provision and only have to prove “solvency” to the local court. Additionally, a fee is associated with this process and that fee has not been disclosed in the bill.
3) "For any new appointment of a bail bond agent, the bail bond agent shall file an affidavit with the department and the appointing general bail bond agent stating that there are no outstanding premiums owed. If outstanding premiums are owed and the bail bond agent does not satisfy such premium obligations, the former general bail bond agent shall file notice, along with supporting documents with the department, and provide such notice to the bail bond agent and the newly appointing general bail bond agent, stating under oath the fact that the bail bond agent has failed to satisfy their obligations. Upon receipt of such notification and supporting documents, the appointing general bail bond agent shall immediately cancel the newly appointed bail bond authority. Such authority shall remain cancelled until all premiums are paid." This provision was borrowed from the Florida statutes, with two important differences. First, the Florida statute includes a due-process provision which stays the cancellation of authority until the Department investigates the allegations of the former general agent. Without this provision, a former general agent can deprive an agent of the right to earn a living without due process of law. Secondly, Florida does not allow credit bonds, so any outstanding premiums would have been collected but unreported to the company. However, since Missouri allows agents to extend credit to clients, this provision could be applied to uncollected or uncollectible premiums owed both the agent and the company.
4) Upon notice by the court, the Department must notify general agents of a bail bond forfeiture within 48 hours. I assume the drafters of this bill meant to say upon notice of an unsatisfied judgment, the Department must notify general agents. Courts do not routinely notice the Department of a “notice of forfeiture” and there is no provision requiring the courts to notice the department for every forfeiture. Since most forfeitures are set aside and do not result in judgment, surely the Department is not tasked with notifying companies of every forfeiture in the state.
5) The Department is required to issue a photographic license. The bill does not specify how the picture will be obtained or what the cost might be.
6) An agent must notify the department of the name, address, and phone number for each general agent/insurance company for whom the agent writes. This information must be continually updated.
7) Requires the Missouri Highway Patrol to conduct a finger-printing and criminal background check on applications for licensure.
8) Allows the 15 year felony clause, but adds that a license MAY be refused, revoked, etc. if an applicant has been convicted of: any dangerous felony defined by section 556.061, RSMo, any felony crime of assault, any felony crime that results in the serious physical injury or death of another person, any felony crime against the administration of justice, or any felony of which deceit or fraud is an element of the offense.
9) Requires the agent to disclose the legal name his/her general agent to the defendant and on every bond written.
10) Requires every licensee to report any felony arrest to the department within 10 days. Does not instruct the Department on what they are to do with this information.
If you would like to contact your senator about this bill, here is a link to find your senator and contact information. The best ways to communicate with your elected officials are by fax, letter, or phone call. Senators get many emails, and constituent emails sometimes go unread.
1) Increases the general agent's assigned CD from $10,000 to $20,000 and allows by regulation, the Department to increase the CD to $100,000.
2) “Each general bail bond agent shall file with the director and the state courts administrator, no later than December first of each year, a sworn affidavit in a form and manner prescribed by the state courts administrator attesting that the general agent has net assets with a value in excess of any personal exemptions from execution, at least equal to the aggregate amount of bonds that are subject to execution in this state. The state courts administrator may establish and assess a filing fee. This filing shall be satisfactory proof of compliance with the financial qualification under supreme court rule and no municipal and circuit court in this state may place additional financial requirements upon a general bail bond agent duly qualified with the state courts administrator.” This provision by-passes filing with the local courts and establishes a system to report to the Office of State Courts Administrator. The language states that each general agent (but not insurance companies) file an affidavit saying that his/her total net assets exceed the aggregate (total) amount of bonds written. This provision creates a “dollar for dollar” system and assumes that 100% of your bonds will result in judgment. Insurance companies are exempt from this provision and only have to prove “solvency” to the local court. Additionally, a fee is associated with this process and that fee has not been disclosed in the bill.
3) "For any new appointment of a bail bond agent, the bail bond agent shall file an affidavit with the department and the appointing general bail bond agent stating that there are no outstanding premiums owed. If outstanding premiums are owed and the bail bond agent does not satisfy such premium obligations, the former general bail bond agent shall file notice, along with supporting documents with the department, and provide such notice to the bail bond agent and the newly appointing general bail bond agent, stating under oath the fact that the bail bond agent has failed to satisfy their obligations. Upon receipt of such notification and supporting documents, the appointing general bail bond agent shall immediately cancel the newly appointed bail bond authority. Such authority shall remain cancelled until all premiums are paid." This provision was borrowed from the Florida statutes, with two important differences. First, the Florida statute includes a due-process provision which stays the cancellation of authority until the Department investigates the allegations of the former general agent. Without this provision, a former general agent can deprive an agent of the right to earn a living without due process of law. Secondly, Florida does not allow credit bonds, so any outstanding premiums would have been collected but unreported to the company. However, since Missouri allows agents to extend credit to clients, this provision could be applied to uncollected or uncollectible premiums owed both the agent and the company.
4) Upon notice by the court, the Department must notify general agents of a bail bond forfeiture within 48 hours. I assume the drafters of this bill meant to say upon notice of an unsatisfied judgment, the Department must notify general agents. Courts do not routinely notice the Department of a “notice of forfeiture” and there is no provision requiring the courts to notice the department for every forfeiture. Since most forfeitures are set aside and do not result in judgment, surely the Department is not tasked with notifying companies of every forfeiture in the state.
5) The Department is required to issue a photographic license. The bill does not specify how the picture will be obtained or what the cost might be.
6) An agent must notify the department of the name, address, and phone number for each general agent/insurance company for whom the agent writes. This information must be continually updated.
7) Requires the Missouri Highway Patrol to conduct a finger-printing and criminal background check on applications for licensure.
8) Allows the 15 year felony clause, but adds that a license MAY be refused, revoked, etc. if an applicant has been convicted of: any dangerous felony defined by section 556.061, RSMo, any felony crime of assault, any felony crime that results in the serious physical injury or death of another person, any felony crime against the administration of justice, or any felony of which deceit or fraud is an element of the offense.
9) Requires the agent to disclose the legal name his/her general agent to the defendant and on every bond written.
10) Requires every licensee to report any felony arrest to the department within 10 days. Does not instruct the Department on what they are to do with this information.
If you would like to contact your senator about this bill, here is a link to find your senator and contact information. The best ways to communicate with your elected officials are by fax, letter, or phone call. Senators get many emails, and constituent emails sometimes go unread.
Thursday, December 7, 2006
Fugitive Commits Suicide With Bondsman's Gun
Defendant Clifford Skiles committed suicide in Toledo, OH by using his bondsman’s gun. His bondsman, Thomas Holmes, attempted to take him into custody when he took Holmes gun. Holmes told police he carried the unloaded gun in the trunk of his vehicle, and loaded it before he went to Skiles' mother's residence. Once inside the apartment, Mr. Holmes had the gun in a holster on his person in plain view. Skiles apparently did not want to go to jail, the two men struggled, and Holmes pulled out the gun. The two men then fought over the weapon, police said. Skiles gained possession of the gun, fled the apartment, and jumped into the back seat of a waiting vehicle, occupied by a woman and her teenage daughter. The two females got out of the vehicle when they saw the gun and Skiles shot himself, police said. Skiles staggered back to the apartment building, where police found him wounded on the top of a set of outside stairs. He died about 30 minutes later at St. Vincent Mercy Medical Center. Police said Mr. Holmes was inside the apartment and on the phone with 911 when the shooting occurred.
Wednesday, December 6, 2006
Unsatisfied Judgment List
The bail bond unsatisfied judgment list is compiled by the DIFP and the Missouri Office of State Courts Administrator. The following companies/general agents appear on the current list last updated on 11/3/2006. The list is distributed to local courts via electronic means.
1) A Aarons Bonding Company, administratively dissolved corporation, president- Lewis David Duncan of Excelsior Springs, MO-4 judgments
2) A Way Out Investments, Inc., president-David Bush of Blue Springs, MO, license inactive-32 unsatisfied judgments
3) L&C Investment Group, president-Douglas Cheatham of Blue Springs, MO- judgment appealed, supersedeas bond posted
4) David McKinney, inactive general agent of Independence, MO-43 unsatisfied judgments
5) Sherry Goodin, inactive general agent of Marshall, MO-8 unsatisfied judgments
Note: The judgment list does not provide the address of the company or corporate officers. I added the address, corporate presidents, and corporate status using the Missouri Secretary of State business database as well as the DIFP licensing information.
1) A Aarons Bonding Company, administratively dissolved corporation, president- Lewis David Duncan of Excelsior Springs, MO-4 judgments
2) A Way Out Investments, Inc., president-David Bush of Blue Springs, MO, license inactive-32 unsatisfied judgments
3) L&C Investment Group, president-Douglas Cheatham of Blue Springs, MO- judgment appealed, supersedeas bond posted
4) David McKinney, inactive general agent of Independence, MO-43 unsatisfied judgments
5) Sherry Goodin, inactive general agent of Marshall, MO-8 unsatisfied judgments
Note: The judgment list does not provide the address of the company or corporate officers. I added the address, corporate presidents, and corporate status using the Missouri Secretary of State business database as well as the DIFP licensing information.
Saturday, December 2, 2006
Bail Agent Impersonators Arrested
A mother and daughter who scammed citizens by impersonating bail bond agents have been arrested in the New Orleans area. The mother/daughter scam artists called intended victims (all over the age of 70) and told them that a loved one was in jail. (Some victims learned that their loved ones had never been arrested.) The team asked for a sum of money and went over to the victims’ houses and collected. One of the victims became suspicious and called police. The pair was arrested as they came to the home to collect the fake bail premium. Both the mother and daughter have been arrested for theft and conspiracy to commit theft. The original story ran here.
Wednesday, November 22, 2006
Feds Say Jackson Plotted Another Murder
The St. Louis Post-Dispatch headline today reads: “Man plotted while in jail, says federal prosecutor.” The article states that while in federal custody, Virgil Lee Jackson plotted another murder attempt, this time against a government witness. The Post-Dispatch reports that Assistant Federal Prosecutor Hoag claimed Jackson told an inmate in July that he would pay $50,000 to "take out" one of the government's witnesses. Jackson appeared in federal court yesterday on a motion to set bond. After hearing from the attorneys, the judge ruled against bond for Jackson. According to the STL-PD article, "The judge allowed that Jackson's experience (as a bondsman) would impress him with the importance of meeting bond conditions, but also might help him to disappear.” Jackson has been in federal custody since October 2005, after being arrested for conspiring to murder competitor Jerry Cox. Jackson is also charged with being a felon in possession of a firearm. The article reports that Jackson has admitted his role in the murder conspiracy against Cox to at least three other jail inmates. He is set for trial in January 2007.
Previous Coverage of Dotson/Jackson Case:
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
Previous Coverage of Dotson/Jackson Case:
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
Monday, November 20, 2006
MO Supreme Court Denies L&C Case
The Missouri Supreme Court has denied the motion to hear the case appealed by L&C Investments and Doug Cheatham. The appellant ruling stands which ruled that L&C was responsible for a bond, after sentencing, when a stay of execution was granted. The defendant, Mark Wilson, failed to surrender himself for commitment and the bond was ordered forfeited. The appeal court said that L&C should have kept itself informed of Wilson's case, and if it did not want to be obligated for Wilson's release upon the stay of execution of his sentence, L&C could have surrendered Wilson to the custody of law enforcement. L&C was not present when the sentence was ordered and the stay granted. This ruling becomes case law for Missouri bonding companies. If a stay of execution is granted, courts can now hold bonding companies on the bond until the defendant is committed to DOC. Last week L&C filed a motion with the local court asking for a judicial review to modify or set aside the judgment.
Previous Coverage:
L&C Investments Appeals to Supreme Court
Appellant Court Rules Against L&C
Previous Coverage:
L&C Investments Appeals to Supreme Court
Appellant Court Rules Against L&C
Friday, November 17, 2006
Continuing Education Providers
2007 is almost here and it’s time to start thinking about continuing education. Most licensed bail bond agents will have to renew their licenses in the up-coming year. There are several new continuing education providers serving our industry. Here is a link to the official list and below are direct email addresses for several commercial providers.
Dave Strassner-Instructional Bail Bond Courses of Mid-Missouri
Mike Thomas –Michael Thomas Training Institute
Kent Hunter-Missouri Western Bail Bond Academy
Bruce Temen-Ozark Professional Training Center
Tom Moser-Tactical Concepts, Inc.
Providers services vary. Some providers will come to your site with minimum enrollment. Other providers require access to specialized facilities and ranges. I have spoken to all the providers and they are very willing to serve your training needs. See my links for direct links to education provider's websites.
Dave Strassner-Instructional Bail Bond Courses of Mid-Missouri
Mike Thomas –Michael Thomas Training Institute
Kent Hunter-Missouri Western Bail Bond Academy
Bruce Temen-Ozark Professional Training Center
Tom Moser-Tactical Concepts, Inc.
Providers services vary. Some providers will come to your site with minimum enrollment. Other providers require access to specialized facilities and ranges. I have spoken to all the providers and they are very willing to serve your training needs. See my links for direct links to education provider's websites.
Wednesday, November 15, 2006
Dotson Freed on Bond
Glen Dotson, a Missouri licensed bail bond agent, has been released from federal custody on a $50,000 bond. The bond was written by an agent working under the authority of Jack Allison. Dotson had been in federal custody since late May on federal charges for participating in the plot to murder competitor Jerry Cox. Dotson was charged for allegedly obtaining a weapon and delivering it to bail bondsman Virgil Lee Jackson. Dotson waived his rights to speedy trial just a week before the bond was executed in federal court. Dotson and Jackson are scheduled for trial on January 16, 2007. Coverage of the developments of the Dotson/Jackson case can be found in the archives in the right pane.
Monday, November 13, 2006
Update-Felon Bondsman Arrested
11/9/2006-Donald E. Christian, a Missouri licensed bail bond agent, was arrested yesterday on Lincoln County charges for a class D felony involving a controlled substance. According to the Lincoln County prosecutor’s office, Christian attempted to purchase a controlled substance from an undercover agent. Christian is another convicted felon with a bail bond license and has been licensed under Jack Allison since 2005. He was convicted of felony cocaine charges in Montgomery County in 1998 and sentenced to three years in the MO Department of Corrections. Execution of his sentence was suspended, and he ordered to serve five years probation and 60 days shock time.
Christian’s bond was set at $10,000 cash only yesterday. Today the bond was reduced to $10,000 surety and Christian posted bond with another agent working for Jack Allison.
Christian’s previous felony conviction was profiled last year in the St. Louis Post-Dispatch, after the ST-PD investigated felons in the Missouri bail bond industry.
It is unknown how Christian obtained a bail bond license and how he kept it. According to the DIFP website, Christian was licensed after the 15-year clause (Lee Clause) for felony convictions went into effect on January 1, 2005. The DIFP records show that Christian was licensed on 3/17/2005 and his 1998 felony conviction was well within the 15-year window. Insurance Director Dale Finke ordered a review of all bail bond licenses after Virgil Lee Jackson was arrested in October 2005. It seems Christian's license should have been flagged in the review. There is no pending disciplinary action against Christian's license at this time.
Update: 11/13/2006 The Missouri Department of Insurance has filed a complaint with the Administrative Hearing Commission against Christian. The complaint seeks permission to discipline Christian’s license because he is a convicted felon.
Christian’s bond was set at $10,000 cash only yesterday. Today the bond was reduced to $10,000 surety and Christian posted bond with another agent working for Jack Allison.
Christian’s previous felony conviction was profiled last year in the St. Louis Post-Dispatch, after the ST-PD investigated felons in the Missouri bail bond industry.
It is unknown how Christian obtained a bail bond license and how he kept it. According to the DIFP website, Christian was licensed after the 15-year clause (Lee Clause) for felony convictions went into effect on January 1, 2005. The DIFP records show that Christian was licensed on 3/17/2005 and his 1998 felony conviction was well within the 15-year window. Insurance Director Dale Finke ordered a review of all bail bond licenses after Virgil Lee Jackson was arrested in October 2005. It seems Christian's license should have been flagged in the review. There is no pending disciplinary action against Christian's license at this time.
Update: 11/13/2006 The Missouri Department of Insurance has filed a complaint with the Administrative Hearing Commission against Christian. The complaint seeks permission to discipline Christian’s license because he is a convicted felon.
Monday, November 6, 2006
Unsatisfied Judgment List 10/20/2006
The bail bond unsatisfied judgment list is compiled by the DIFP and the Missouri Office of State Courts Administrator. The following companies/general agents appear on the current list last updated on 10/20/2006. The list is distributed to local courts via electronic means.
1) A Aarons Bonding Company, administratively dissolved corporation, president- Lewis David Duncan of Excelsior Springs, MO
2) A Way Out Investments, Inc., president-David Bush of Blue Springs, MO, license inactive
3) L&C Investment Group, president-Douglas Cheatham of Blue Springs, MO***
4) David McKinney, inactive general agent of Independence, MO
***A supersedeas bond was posted by L&C on 8/3/2006 in Buchanan County staying execution of judgment pending appeal on one of its judgments.
I have had several readers request a copy of the judgment listing. I have uploaded a copy here for your review.
Note: The judgment list does not provide the address of the company or corporate officers. I added the address, corporate presidents, and corporate status using the Missouri Secretary of State business database as well as the DIFP licensing information.
1) A Aarons Bonding Company, administratively dissolved corporation, president- Lewis David Duncan of Excelsior Springs, MO
2) A Way Out Investments, Inc., president-David Bush of Blue Springs, MO, license inactive
3) L&C Investment Group, president-Douglas Cheatham of Blue Springs, MO***
4) David McKinney, inactive general agent of Independence, MO
***A supersedeas bond was posted by L&C on 8/3/2006 in Buchanan County staying execution of judgment pending appeal on one of its judgments.
I have had several readers request a copy of the judgment listing. I have uploaded a copy here for your review.
Note: The judgment list does not provide the address of the company or corporate officers. I added the address, corporate presidents, and corporate status using the Missouri Secretary of State business database as well as the DIFP licensing information.
Thursday, November 2, 2006
Utah Supreme Courts Rules in Bounty Hunter Case
The Utah Supreme Court has issued a ruling in the out-of-state bounty hunter case previously covered here. The court ruled reviewed whether licensed out-of state bounty hunters were allowed to capture fugitives in Utah and ruled that Langley, a Colorado licensed bounty hunter, could apprehend fugitives in Utah. The high court unanimously ruled that Lee, the criminal defendant, had expressly consented to out of state capture in the bail contract he signed. The court said in its ruling, “Not only does bail advance the societal interest in not depriving accused parties of their liberty while they still enjoy the presumption of innocence, but it also contributes to the practical need to spare our citizens the expense of confining all defendants while they await trial.” The court also said, “Utah has a strong interest in seeing that fugitives from its criminal justice system are apprehended, an interest that is at risk of being compromised if our state erects unnecessary barriers to the enforcement of bail contracts. The converse is also true. There is little to recommend the prospect of making Utah a safe haven for out-of-state fugitives by making it increasingly difficult for bail recovery agents from other states to track defendants into Utah.” In its conclusion the Utah Supreme Court upheld the appellant decision that Langley may have violated Utah law in the apprehension of Lee (by not having a Utah license-a misdemeanor offense) is irrelevant when evaluating the separate relationship that arose from the bail contracts. The enforcement of the bail contracts by a bail recovery agent, unlicensed but qualified for licensure in Utah, did not violate the public policy of Utah.
Appellant Court Rules on Indigency of Defendants
The Missouri Court of Appeals, Eastern District ruled on October 31st that the Audrain County Associate Circuit Court did not err when it denied Mark Lewis’s application for the public defender’s services. The court ruled that he did not meet the state’s indigency requirements. This case may be of interest to bondsmen as part of the denial of services was because Lewis made a $50,000 bond. The Missouri Code of State Regulations state that: “If the defendant has been released on bail on any case in the amount of five thousand dollars ($5,000) or more, a presumption is created that the defendant is not indigent and the ability of the defendant to meet the bail must be given consideration;” The record indicates that Lewis said that “money was never exchanged between him and the bondsman.” (Lewis’s bond was posted by All State Investment Corporation which is no longer licensed with the DIFP or registered with the Secretary of State.) Lewis, who represented himself at trial, was sentenced to 30 years in prison for 1st degree child molestation. Lewis appealed the conviction based on the fact he was given no public defender and was unable to afford private counsel. The appellant court upheld the court’s decision to deny the public defender, but transferred the case to the MO Supreme Court due to its great importance and interest.
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