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Sunday, June 15, 2008

MN-Family Celebrates 100 Years In Bail Business

Here's a great story from St. Paul, MN. Goldberg Bail Bonds celebrated 100 years in the bail bond business. The family business has been passed down from one generation to another since 1908.

Monday, June 9, 2008

Bondsman Dies in Accident

Bondsman Brian John Bender, 35, died following an automobile accident near Pleasanton, Kansas. Brian worked for Freedom Bonding in Kansas City. His companion, Amber Gust, also lost her life in the accident. Visitation for Brian and Amber will be held from 6-8 p.m. Monday, June 9, at the Park Lawn Northland Chapel in Liberty. Mass of Christian Burial will be held at 10 a.m. Tuesday, June 10, at St. Therese Catholic Church, 7277 N.W. 9 Hwy., Parkville. In lieu of flowers, you may honor Brian and Amber's memories with a memorial donation to a fund for Brian's children, Christopher, Dawson and Kaden. Donations may be made payable to their grandfather, James W. Bender, and left at the funeral home or the church. He previously worked as an Emergency Medical Technician for the New York City Fire Department and later for MAST in Kansas City. Arrangements by: Park Lawn Northland Chapel in Liberty. Online condolences may be sent via http://www.parklawnfunerals.com/.

Wednesday, June 4, 2008

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

Tuesday, June 3, 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.

LA-Judges & Bondsman Guilty of Bribery

Two Caddo Parish, Louisiana judges were convicted by a federal jury last week of several charges involving corruption for taking bribes to reduce bonds, recall arrest warrants and remove probation holds on defendants.. The racketeering charges ranged from bribery and official misconduct to interstate commerce. The FBI began its investigation in 2003. The operation was enhanced in May 2007 when the FBI tapped cell phones. The two judges, Michael Walker and Vernon Claville, were convicted of offenses related to taking bribes from a middleman hired by bondsman Larry Williams. Williams pleaded guilty to one count of public bribery in exchange for testifying against the two judges. Each judge faces a maximum of 20 years in prison, a $250,000 fine or both.

According to the Louisiana Department of Insurance website, Williams' bail bond license is inactive although he holds a valid appointment with Allegheny Casualty Company.

My previous post:
LA Bondsman and Judges Indicted

Commission Worried About Housing Illegals

As reported yesterday, a bill passed this year requiring that suspected illegal immigrants held in county jails in Missouri must prove their lawful presence in the US in order to be eligible for bail. The Pulaski County Commission recently discussed the impact of this legislation on county budgets. The commissioners are worried about the cost of housing these prisoners. “They didn’t cut us any slack on per diem for prisoners, but here they are with this illegal immigration bill deal saying bail will be denied for people suspected to be illegal aliens until they can provide proof of legal residence in the United States,” Commissioner Bill Farnham said. “Who is going to pay for that? Us or the feds?” Presiding Commissioner Bill Ransdall said he wasn’t sure. “If they are arrested on state charges, I assume it would be us who has to pay for it,” Ransdall said.

Monday, June 2, 2008

Bohrer Named Acting Director of DIFP

Governor Blunt announced that Linda Bohrer will serve as Acting Director of the DIFP.

Former Director Doug Ommen was appointed to a position with the Administrative Hearing Commission to serve as a hearing commissioner. His last day with the DIFP was May 31st.

End of Session Report

What passed and what didn’t

The legislative session ended a few weeks ago. Thankfully, the bail bond board bills did not pass. Here’s a summary of the bills and their status.

SB1247-Created a bail bond board and imposed a bail bond tax to finance the board. Never received a hearing.

HB2454-Created a bail bond board and imposed a bail bond tax. Never received a hearing.

SB869-Originally, this bill was to repeal the 15-year “Lee Clause” which allowed the licensing of felons in the bail industry, as long as the felony was over 15 years ago. The bill sought to remove the 15 year clause, stating that felons could be denied a license, regardless of when the felony conviction. An amendment was offered by MPBBA in committee. The bill died in committee.

HB1549-One bill affecting our profession did pass. HB1549 passed, which instructs the courts on bail for those persons residing in Missouri who are not legal residents of the US. The bill states that if a judge believes a person is unlawfully present in the US, there is a presumption that releasing that person under ANY condition will not reasonably assure appearance in court. The person shall be committed to jail until he/she can prove lawful presence or until the case is discharged.

Text of the HB1549
544.470. 1. If the offense is not bailable, or if the person does not meet the conditions for release, as provided in section 544.455, the prisoner shall be committed to the jail of the county in which the same is to be tried, there to remain until he be discharged by due course of law.
2. There shall be a presumption that releasing the person under any conditions as provided by section 544.455 shall not reasonably assure the appearance of the person as required if the circuit judge or associate circuit judge reasonably believes that the person is an alien unlawfully present in the United States. If such presumption exists, the person shall be committed to the jail, as provided in subsection 1 of this section, until such person provides verification of his or her lawful presence in the United States to rebut such presumption. If the person adequately proves his or her lawful presence, the circuit judge or associate circuit judge shall review the issue of release, as provided under section 544.455, without regard to previous issues concerning whether the person is lawfully present in the United States. If the person cannot prove his or her lawful presence, the person shall continue to be committed to the jail and remain until discharged by due course of law.

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