Bail Industry Study Committee to Hold Public Hearings

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.

Pretrial Wants to Abolish Private Bail

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!)”

Consultant Says Bondsmen are Parasites

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

Bail Scammers Target Restaurants

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.

FL-Bail Bond Student Arrested for Threatening Obama and Bush

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.

Bondsmen: Helping Victims, Saving Taxpayer Money

Here's a great story from WBTW TV in South Carolina. It profiles the job of a bondsman and how that job saves taxpayer dollars and delivers accountability to the court system.

RFT: Bondsmen in the STL News

The Riverfront Times printed an article concerning the bail industry. The article reviews the history of Virgil Lee Jackson and his murder plot against local competitor Jerry Cox. The article also examines the legislative agenda of the Missouri Professional Bail Bond Association (MPBBA) and the representatives and senators who accepted money from them to change the bail laws to allow for the licensing of felons. MPBBA defended changing the law to accommodate Lee Jackson's criminal past, even though Jackson had been convicted of 8 felonies and spent 20 years in prison. According to the article, Jack Allison characterized Lee Jackson as a model employee. The article quoted Allison saying, "The whole time that Lee worked for me he was professional. He did everything the way you're supposed to do it." Jackson worked for Allison at the time he was arrested for the murder plot. Allison is on MPBBA's legislative committee and told the reporter that the association supports the licensing of felons and had no plans to remove the Lee Clause.

PBUS Winter Conference 2008

PBUS (Professional Bail Agents of the United States) is holding its winter conference in Las Vegas on February 18-21 at the Luxor Hotel and Casino. Special speakers this year include news anchor Rita Cosby speaking on the power of the media and Congressman Robert Wexler. Also on the conference schedule is a presentation on national standards for apprehension, liability, and surrender. The conference also has several break-out sessions scheduled including the future of bail, special concerns of women in the industry, GPS monitoring, and a town hall discussion. There will be a vendor’s exhibit hall open throughout the conference.

Times Article Examines US Bail System

The New York Times published an article about bail system in the US. It is part of a series which also examines juveniles serving life sentences and accomplices in murders serving as much time as the murderer. The article examines the uniqueness of the US system and evaluates how the system works.

Be sure to view this graphic from the US Department of Justice showing that surety release results in fewer failure to appears and also fewer fugitives remain at large as compared to other forms of release.

USDOJ-full report

NJ-Fugitive Escapes by Assaulting Bondsman

According to this report in the Gloucester County Times in New Jersey, bail bond client Harold Gotts, 22, escaped while being transported to jail by his bondsman, Antonio Roman. Reportedly, Gotts kicked the car door into Roman as he was trying to remove Gotts from the car at the police station. Roman was pushed to the ground while Gotts, handcuffed in front, tried to escape to a vehicle waiting a few blocks away.

Roman alerted police and a manhunt ensued. Thirty minutes later, Gotts was apprehended still handcuffed. He was charged with simple assault, obstruction, resisting arrest, hindering apprehension and disorderly conduct. Bond was set at $25,000 full cash.

Gotts’ accomplices, his fiancé and two friends, were charged with obstruction, hindering apprehension and disorderly conduct.

IA-Inmate Conspires to Murder Bondsman

According to several press reports, the Wapello Sheriff’s Department in Ottumwa, IA arrested Marcelino Madueno-Moreno in the solicitation to have his bondsman, a girl-friend, and a corrections officer murdered. Madueno-Moreno posted bond on a gun charge, but later the bonding company revoked his bond and returned him to the Wapello County Jail. Allegedly, he then conspired to have his bondsman and girl-friend murdered. Madueno-Moreno also plotted to have a jail guard murdered in an attempt to escape when he was to be escorted to court. He is currently being held for probation violation, possession of a firearm by a felon, and solicitation to commit murder. His bond is set at $16,000.

Bail Bond Tricks and Traps

Here is a great read at the American Chronicle. The article was written for the public to help them learn about reputable bail bond companies and how to identify bail bond scams. While some of the California bail laws discussed are not laws in Missouri, much of the advice is useful to anyone shopping for a bail bond agent.

The article warns the public about discount bond practices, bail solicitation, and how to avoid being scammed by an imposter.

TX Bail Employee Assaulted on the Job

My heart sank as a read the following report on FortBendNow of Richmond, TX:

A female bail bond office employee was sexually assaulted by two men as she manned a bail bond office on the night shift. Two men allegedly entered the bail bond office at 1:30 am and began asking questions about a bond. One of the suspects then pulled out a gun and demanded money. When they learned there was no cash in the office, they then took the woman to a back room and sexually assaulted her. The two suspects have not been caught or identified. The police are appealing to the public for leads in the case.

We all find ourselves working into the wee hours of the night, sometimes alone with people we don’t know. Try to be safe.

Inmate Poses as Bondsman in Scam

Bond scams seem to be becoming more prevalent. The Eastern Wake News, located in North Carolina, reported an alleged scam of posing as a bondsman to steal bail bond money from a mother. The alleged scam artists claimed to be collecting the money to bond her mentally challenged son who was in the county jail. Here’s how this one worked:

Inmate Danny Cole and accomplice Joshua Smith allegedly called Bonnie Childers (the mother of mentally challenged inmate Christopher Childers) and posed as bail bondmen. Cole instructed Childers to take $1,500 to a parking lot and meet Smith. Ms. Childers became suspicious when her caller id disclosed that Cole’s calls were coming from the county jail. She reported the calls to police. Police then went to the parking lot where they found accomplice Smith waiting for Childers. Smith told officers Cole had asked him to meet Childers and then deliver the money to another woman, who was then supposed to take it to Cole at the jail. The intention was to use Childers’ money to get Cole out of jail.

As of the time of publication, no one had been charged in the scam.

Prosecution Underway for Impersonating a Bondsman

A prosecution is underway in Barry County against James E. Carrington for impersonating a bail bondsman. This may be the first time in Missouri that a prosecution under this statute (374-789 RSMO) has been attempted.

Allegedly, Carrington claimed to be a bondsman while performing repossession work. A complaint was filed alleging Carrington claimed to be a bondsman and he threatened arrest when confronted while trying to repossess a vehicle.

The case number is 07BR-CR00723 filed in Barry County. Impersonating a bondsman is a Class D felony.

Carrington used the services a real bondsman and posted a $10,000 bond in the case.

Bondsmen Remember Colleague

Many bondsmen are mourning the death of Florida bondsman Jerry Dongo, 32, who was married and the father of three. As reported several days ago, Dongo was killed trying to apprehend fugitive Christopher Walls in a car. Walls had a woman and child with him. Walls shot Dongo as he approached the car and then Walls used the young girl as a human shield to prevent the other agents from shooting him. Dongo was with three other licensed bondsmen at the scene. The bondsmen were able to apprehend Walls after the shooting.

Bail bond leaders from around the country are calling for more personal security after this tragic loss. George Zouvelos, President of the NYPBA, New York State Professional Bondsmen & Agents said in a press release, “Our work is extremely dangerous and we should own and wear the best possible body armor we can find. I welcome discussions with the various manufacturers of body armor to discuss the commercial bail industries options for acquiring body armor for our bondsmen.” Joe Mastrapa, general agent of BAIL YES Bonding Agency of Miami Florida said, "Bondsmen in Florida and across the United States mourn the loss of our fallen comrade Jerry Dongo. We ask that each bondsman who initiates apprehensions no matter what State he/she is in to please wear a bullet-proof vest and continue to exercise extreme caution while dealing with and apprehending felons no matter how minor the offense."

Our sincere condolences to the family and friends of Jerry Dongo.

Fugitive Escapes During Transport

The press was critical of bondsmen in a headline reading “Bounty Hunt Costs Taxpayers.” The story focuses on the escape of a fugitive who was traveling from Utah to Ohio when he escaped in Iowa. According to the article, he was escorted by two bondsmen and escaped at a convenience store. Several law enforcement agencies were called to assist in recapturing the fugitive. He was found walking in a ravine a few hours later.

My guess is the local taxpayers would rather have law enforcement assist in finding this out-of-state fugitive, rather than having a desperate run-away fugitive lurking around their city.

GPS System Offered to Bondsmen

In a recent press release, Omnilink announced its new partnership with the Professional Bail Agents of the United States (PBUS). Omnilink will provide PBUS members preferred rates on its GPS system to monitor clients. Omnilink says its system is tamper-proof, completely waterproof and capable of tracking people inside buildings, buses, trains and places where other GPS solutions do not work. The company's website details the GPS system.

Bail News Around the Nation

LA Bondsman Testifies in Child Porn Case
KATC TV-LAFAYETTE, La. -- A federal jury convicted Jeffrey Johnson of Deridder, LA of child pornography said U.S. Attorney Donald W. Washington. Johnson faces a maximum 10 years in prison, a fine of up to $250,000 and a life term of supervised release. His bondsman testified that Johnson gave him a computer as payment of a debt. The bondsman's wife later found hard-core child pornography on the computer and contacted the Beauregard Parish Sheriff's Office. Deputies searched Johnson's home and found another computer and compact discs which contained hundreds of images of child pornography and similar printed images inside a black binder that was discovered under his bed, authorities said.

CA-Bail Companies Victim of Credit Card Scam
Victorville Daily Press-An inmate at San Bernadino County, CA, with the help of those on the outside, has bilked thousands of dollars in bail premium from bail bond companies and families of defendants.

In a con game lasting over five months, Erik Reuhle would contact new arrivals and chat them up regarding their arresting charges and bail amount. "He would tell them he had a rich uncle who believes in giving people second chances," deputy John Walsh said. "He would tell them to contact their family and to send them to their local bail bonds company and to fill out the paperwork. After that, a relative would call the business and take care of the rest,” said Walsch.

The family would have to provide the "relative" with some collateral. Walsh said cars and cash were the most common forms of payment. Then the "relative" called the bail bond company with a credit card number, which came back declined. When the card did not go through, the "relative" pleaded that it was a mistake and that he would call back once it was straightened out. Rather than the "relative" calling back, however, the bail bond company would receive a call from an individual claiming to be from Visa/Mastercard Merchant Services, instructing the clerk how to manually override the decline and force the transaction.

What the family and the bail bondsmen didn't know was that the "relative" and credit card official were one and the same, another con artist. Ultimately, the accomplices walked away with the collateral and left the bail bond company without legitimate credit card payment. According to the district attorney, the monetary impact to the county in fraudulent bonds could be into the millions.

AR-Bondsmen Charged in Lonoke Police Corruption Case
KATV-Lonoke, AR-Revised charges were filed against those accused in the scandal surrounding the Lonoke, AR Police Department just two days before a pre-scheduled court date. Together the defendants now face 78 charges. Charges have been filed against the police chief, his wife, a jailer, the mayor and two bondsmen.

One of the bondsmen, Bobby Cox Jr., is charged with four felonies including manufacturing meth and intimidation of a witness/juror. The other, Larry Norward, is charged with two counts of conspiracy to manufacture meth.

The former Chief, Jay Campbell, is charged with thirty-four felonies including multiple drug charges and theft of property charges, hindering prosecution, theft of services, and 8 counts of residential burglary. His wife Kelly Campbell also faces thirty-four felonies. She too, faces multiple drug charges, twelve counts of residential burglary and assisting with an inmate's escape.

Former Lonoke City Jail Dispatcher Amy Staley faces two felonies one of those charges is 3rd degree sexual assault of an inmate. Mayor Thomas Privett is the only defendant who is not charged with any felonies. He is, however, facing a misdemeanor charge of theft of services.

CA-Two Arrested for Writing Bail Without a License
The Insurance Journal reports that following a 10-month investigation by the California Department of Insurance's (CDI) Investigation Division, two Riverside, CA residents have been arrested. Kent Morgan of Murrieta, and owner of Rancho Bail Bonds, surrendered to authorities on August 14 after being charged with 40 felony counts by the Riverside County District Attorney's office. The charges include grand theft and permitting an unlicensed person to transact bail. Morgan was released on $100,000 bond. If convicted, he could face probation or up to 29 years in prison. Kenneth Kaesser of Chula Vista, surrendered on August 16 and was also released on $100,000 bond. He was charged with 20 felony counts including transacting bail without a license and perjury. He will be arraigned on August 22 in the Southwest Justice Center in Murrieta. If convicted, he could face probation or up to 15 years in prison.

In 2005, the CDI Investigation Division received an anonymous tip that alleged an unlicensed individual was soliciting and transacting bail at the Rancho Bail Bonds office in Lake Elsinore. The investigation revealed that between 2003 and 2005, while employed by Rancho Bail Bonds and under instruction by Morgan, Kaesser wrote hundreds of bonds worth at least $2,165,242 in bail contracts.

CA-Guest Editorial on Bail Financing
Examiner-San Francisco, CA –This is an editorial about the death of a police officer in San Francisco, who was killed following a police chase with defendant Steven Petrilli. It was previously covered here. The editorialist questions why Petrilli was released after being charged with 18 felonies and 11 misdemeanors over a 6 month period. The writer faults the judge for allowing him to post over $175,000 dollars in bonds and the bonding company who allegedly financed 100% of his bonds. The writer, Gary Delagnes, president of the Police Officers Association of San Francisco, states, “To add insult to injury, Petrilli was financing 100 percent of four different bails because of a new practice by some bail bondsman who no longer require an arrestee to post 10 percent of the bail up front.”

Appellant Court Rules Against Bonding Company

An appellant ruling regarding when a surety is released from a bond was handed down this week by the Missouri Court of Appeals, Western District. The case, State of Missouri v. Mark Anthony Wilson, L&C Investment Group d/b/a Bada Bing Bail Bonds, determined that a surety is not released from a bond when a stay of execution is granted. The defendant, Wilson, pleaded guilty to drug trafficking and was sentenced to nine years in the MO Department of Corrections. As part of the plea agreement, Wilson was granted a one-month stay of execution on the sentence. L&C was not present at the plea hearing. Wilson failed to appear to begin serving his sentence. A bond forfeiture hearing was later held and the defendant was not produced. Five months after failing to submit to the sentencing order, the court ordered judgment against the bonding company. L&C appealed a $100,000 judgment in Buchanan County, citing that their obligation under the terms of the bond agreement ended when Wilson was present for sentencing on September 13, 2004, and that it had no further obligation to secure his appearance at the law enforcement center after execution of sentence was delayed. The appellant court ruled against the bonding company stating, “The terms of the original bond agreement required Wilson to ‘submit to any orders, judgments and sentence of this court or any court hearing this case.’ We find that L&C had a continuing obligation to keep track of the defendant and assure the defendant's appearance and compliance with court orders to appear to begin serving his sentence. Had L&C kept itself informed of Wilson's case, and 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.”

Douglas Cheatham of Blue Springs, MO is the president of L&C Investment Group, Inc.