Serving Missouri with timely information about issues of the bail bond industry.
Saturday, March 29, 2008
Analysis of Bail Bond Bills
Issues/concerns surrounding establishment of a “Professional Bail Bonds Board”
Overview: The bill strips the DIFP of authority to license, supervise, discipline and educate bail and recovery agents. Instead, such powers shall vest in a Professional Bail Bonds Board consisting of nine members (four general agents, two bail agents, one law enforcement officer, one circuit clerk and one public member). Members of the Board shall be appointed by the Governor.
Functional Concerns:
1) The DIFP structure for licensing, supervision, discipline & education is well-planned and substantial. The legislation sets forth no plans regarding infrastructure necessary to achieve the stated purposes. Apparently, legislative proponents assume that members of the board will possess the requisite expertise to create and maintain such an infrastructure.
2) No analysis exists regarding the financial solvency of the Board and its employees. The Board will be funded by imposing a ten dollar per bond tax on each bond written by a licensed agent. Notwithstanding the procedural difficulties in imposing and collecting such a fee, no evidence exists establishing the sufficiency of said fee. A review of other jurisdictions reveals a substantially higher fee per bond.
3) No ability to issue cease and desist orders exists.
4) No mechanism exists for policing the Board. The proposed legislation does not provide a solution should Board members act inappropriately. While the Governor may remove a Board member for just cause, no standards for just cause exist.
5) Discipline by the Board would likely be arbitrary and capricious. No standards exist for discipline. Since Board members would possess an economic incentive to discipline (eliminate) their competition, the expected result would be just that.
6) No mechanism exists for auditing Board members’ expenses.
7) While all “regular” meetings shall be open to the public, the legislation does not delineate what constitutes a regular meeting or what must be discussed at these meetings.
8) The bill requires attempted notice within 48 hours of a forfeiture being listed with the department. The language is problematic since there is no requirement that the department (assumed to be DIFP) notify the board. Additionally, actual notice is not required, only an attempt to notify must be made.
9) The bill fails to expand the 15-year felony clause to prohibit all felons from entering the bail industry.
Philosophical Concerns:
Individuals with an economic interest in reducing competition will be placed in the position to do just that. Nearly all will agree that the DIFP is a neutral party who gains no economic advantage in enforcing bail laws. Such transparency is vital to the legitimacy of enforcement. Most members of the Board, however, will benefit in seeing their competitors disciplined. Less bond agents means more bonds for the agents remaining in the industry. Thus, a clear economic benefit and an equally clear conflict of interest is present.
If you disagree with transferring the authority of the DIFP to a newly created bail bond board, please join us in making your opinion known. Download this petition, sign it and return it to the address listed.
Monday, March 24, 2008
Telephone Area Code/Prefix Locator
Wednesday, March 19, 2008
DIFP Licensing Actions
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.
Tuesday, March 11, 2008
Judgment List 3/7/2008
1) April Reeves, General Agent, Belton, MO-9 judgments totaling $10,000
2) L&C Investment Group, president-Douglas Cheatham of Blue Springs, MO, -no longer licensed-7 judgments totaling $105,800
3) Richard Kentner, General Agent, Lamar, MO- 1 judgment totaling $200
4) Regina Muwwakkil, General Agent, Kansas City, MO-1 judgment totaling $1,500
There are no agents, general agents, or companies reported with pending disciplinary action.
Saturday, March 8, 2008
VA-Slain Bondsman was Alone and Unarmed
The State of Virginia requires a firearms endorsement in order to carry a weapon while performing bail bond or recovery work. Woolfolk, who has been licensed since 2007, had no endorsement.
Prosecutors say that Carr has admitted to the shooting. Carr has been placed in protective custody in an undisclosed facility.
Among other survivors, Woolfolk leaves behind a 14-year old daughter. Funeral services are scheduled for Tuesday at 1 pm.
Thursday, March 6, 2008
VA-Bondsman Killed in Overnight Shooting
Our condolences to the friends and family of James Woolfolk.
Friday, February 29, 2008
AHC Issues Decision on Remand
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
Services Announced for Bondsman

He has been licensed since 2005 and worked under the authority of Dave Strassner.
PA-Bondsman Gets Probation in Shooting
Defense attorney Herbert M. Crystle told Farina that Torres elbowed Kauffman in the throat before fleeing the home. Kauffman is a "good man," Crystle said, "who made a bad decision in the heat of the moment."
Kauffman spoke briefly before he was sentenced. "My intent was never to hurt anybody — but to bring him in," Kauffman told Farina. "I can't (change) what did happen. I'm truly sorry I injured Mr. Torres." Crystle told Farina that Kauffman has continued to work as a bail bondsman but no longer carries a gun.
Farina acknowledged writing bail was a source of income for Kauffman, but ordered him to cease practicing. "I have serious reservations about whether a convicted felon should be serving bail pieces," Farina said. Apprehending and detaining fugitives while unarmed could place a bondsman at risk, the judge said. "We allow you to be armed when you arrest dangerous people," he said. "There are rules people in your business need to be aware of and trained for. It doesn't excuse you — but it does mitigate.” “You are a good man. But, you made a very bad mistake here and seriously hurt somebody," Farina told Kauffman. "The system doesn't work when it lets people do what you did."
Saturday, February 23, 2008
Services for STL Officer

He leaves behind a wife, two young children, brothers, a sister, parents, and many other grieving friends and family. I grew up with Rob. He led an exemplary life both on and off-duty. We will miss him.
Information on memorial fund for the Cooney children
Fox News coverage
IN-Bondsman Found Guilty of Confinement
The Goshen News reported that bondsman Constantine Nichols was driving a white sport utility vehicle and passed two women in a minivan, then slammed on the brakes, forcing the minivan driver to stop suddenly, too. Then Dewald drove up behind the van in a red pickup truck. The bondsmen went to the front doors of the minivan and spoke to the two women inside, asking if they knew the whereabouts of the woman the pair were searching for.
The vehicle was blocked and the two men were at either front door, blocking the women from opening their doors. But the women did not know answers to the questions posed by the bondsmen. They were stopped for five to 10 minutes, the jury was told.
One of the women testified in the trial that she felt they were free to go at any time. The other woman testified that she contacted Goshen police after the incident and was told she should file a complaint with the state Department of Insurance. The criminal case was brought against the two bondsmen after an investigation by an officer in the county prosecutor’s office.
Judge George Biddlecome set sentencing in the case next month. Dewald faces a prison term of up to three years for conviction of a Class D felony. He was allowed to remain free on bond until the sentencing hearing.
Sunday, February 10, 2008
PBUS Winter Conference 2008
Friday, February 8, 2008
Jackson's Bail License Revoked
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.
Thursday, February 7, 2008
Charges Against Avett Dismissed
Avett still faces charges in Jefferson County related to a fugitive recovery incident. Jefferson County Prosecutor’s office filed charges against three Missouri licensed bail bond agents and two other men. According to casenet, charges were filed against bondsmen Steven Morgan, Randall Avett, and Thaddeus Bibb. The prosecutor’s office charged the men with burglary, armed criminal action, felonious restraint, and property damage. The two unlicensed men, Brandon Morgan and Rudulph Whiston, were also charged on related offenses. The prosecutor alleges the men forced entry at a residence where they believed the fugitive to be staying. The fugitive was not at the residence and the residents denied knowing the suspect. The police were summoned by the residents and charges resulted three months after the incident.
Avett's bail bond license expired while he was in St. Louis County custody. As of today, his license has not been renewed. According to the DIFP website, there are no disciplinary complaints or actions against Avett's license.
Previous coverage
KSDK on St. Louis County Case
KSDK on Jeff County Case
Previous Post on St. Louis County Case
Previous Post on Jeff County Case
Boone County Bond Making Headlines Again
The Prince family and McBee Bail Bonds are now disputing the bail bonding agreement after Prince was re-arrested and his bond was raised to $1 million cash-only. The family filed a consumer complaint with the DIFP. The Tribune reported that the DIFP is investigating Arlie Nole Sr.’s bail bonding license and his work on the Prince case. The bond was posted by Stacy Nole, a 36-year-old bail bonding agent for McBee Bail Bonds. But the Prince family told the Tribune that they actually worked with Nole’s ex-husband, Arlie D. Nole Sr. Arlie Nole was not licensed at the time of the transaction. His bail license expired in January 2007 and was not renewed until October. Arlie Nole denies his involvement in the transaction. According to the Tribune, an investigative hearing will be conducted next Wednesday.
Knight also said that in light of the Prince bond, which he believes to be the largest ever posted in the county, his office would now be making more recommendations for cash-only bonds when dealing with suspects accused of violent crimes.
The 13th Judicial Circuit has since issued an order regarding the posting of bonds: "The Circuit Clerk should be contacted before a surety bond in excess of $250,000 is accepted. The Court may require additional collateral on any bond when it appears from the information available to the Court that the surety is without sufficient assets to cover the bond requested and all outstanding bonds for which the surety is liable."
Columbia Tribune Coverage
Murder Case Subject of Bail Squabble 1/24/2008
Murder Case Leads to New Bond Rules 2/6/2008
Previous Posts
High Bond Causes Dispute 1/25/2008
13th Circuit Issues Order on Bonds 1/6/2008
Wednesday, February 6, 2008
Bondsman Charged with Bribery
Darby has been a general agent since May 2007. He has also held a bail bond agent license since 2003. Darby has 10 agents working under his authority.
Friday, February 1, 2008
Times Article Examines US Bail System
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
Licenses Revoked in Residency Case
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
Sunday, January 27, 2008
DIFP Issues Advisory on Fictitious Names
The advisory states that all general agents must submit a voided copy of the power of attorney used in executing bail bonds by February 28th. The advisory states that paperwork submitted to the courts, law enforcement or the DIFP shall not contain a DBA, marketing name, or fictitious name, and should only include the name of the licensee. (emphasis by DIFP) The advisory states that there have been a number of issues regarding the use of fictitious names on power of attorney forms used to execute bail bonds. The DIFP advises that any licensing or renewal application containing a fictitious name will be returned for correction, thus “hampering the already time-consuming application process.”
The department advises that each general agent must file an affidavit between the first and tenth of each month informing the DIFP whether or not there are any outstanding judgments against the licensee.
The DIFP attached bulletin 06-03, which was issued in 2006, concerning the use of fictitious names.
Post on fictitious names 10/11/2006
Friday, January 25, 2008
High Bond In Boone County Causes Dispute
The report said that Prince spent more than five months in the county jail before his grandparents put together enough money to secure a $750,000 bond from McBee. The Princes agreed to pay $3,000 down, another $3,000 seven days after Prince’s release, and $1,500 a month until they paid a total of $75,000, or 10 percent of the bond. The family’s collateral included a 1983 Oldsmobile Cutlass, a 1986 Chevrolet pickup and a home on Sackets Road in Boone County.
The day after Prince made bond the prosecutor alleged that he had jailhouse recordings indicating that Prince may attack witnesses to the shooting. Prince’s bond was increased to $1,000,000 cash only and a capias warrant was issued. Prince was re-arrested the same day.
The Tribune reported that despite Kristopher Prince’s arrest and his higher bond, McBee wants the Prince family to comply with the original agreement. "We performed a service," he said. "We earned that fee by getting him out of jail."
Assistant Prosecutor Daniel Knight said that after learning of Prince’s release from jail, he called the circuit clerk’s office and learned McBee’s agency didn’t have enough collateral to insure the $750,000 bond, with the family assets listed as $657,000, at most.
Since Prince’s release and re-arrest, Prince’s grandparents, Lawrence and Edith Prince, have filed a consumer complaint with the DIFP. The report said that the DIFP is trying to determine whether the $750,000 bond is in effect. Emily Kampeter of the DIFP said that state officials are investigating the assets of McBee Bail Bonds.
The 13th Judicial Circuit has since issued an order regarding the posting of bonds. "The Circuit Clerk should be contacted before a surety bond in excess of $250,000 is accepted. The Court may require additional collateral on any bond when it appears from the information available to the Court that the surety is without sufficient assets to cover the bond requested and all outstanding bonds for which the surety is liable."
See Post on Credit Bonding 4/20/2006
Website: Rewards4fugitives
The site is free for listing agents and all rewards and phone tips are handled directly by the listing agent.
Thursday, January 24, 2008
Bait and Switch
You’ve heard of the fraudulent merchandising practice called bait-and-switch. A retailer lures in customers by advertising a product at a low price and then tells customers that the advertised product is not available but you can buy a substitute at a higher price. Bait-and-switch is also a political term used to describe how bills can be passed while avoiding required public discussion. A bill is proposed (the bait) with the ultimate objective of substantially changing the wording at a later time. The original bill is scheduled for a hearing to meet legal requirements for public notice and discussion. A substitute bill is later submitted (the switch), thus bypassing the objective of public discussion on the real language proposed. While the bait-and-switch trick is technically legal, it is ethically and morally reprehensible, because the political objective is to get legislation or rules passed without anticipated negative community review.
That is exactly what happened at the public hearing I attended last Tuesday on SB869 in the Capitol in Jefferson City. The original bill was noticed for public hearing. I prepared written and oral testimony based upon the version of the bill which was advertised in the public hearing notice. When Senator Wes Shoemyer was called upon to introduce his bill, he announced that he was submitting a substitute bill. The substitute was distributed only to the committee members at the hearing. Since the public had no access to the substitute, they could not be prepared to testify about the provisions under consideration by the committee.
Senator Shoemyer then introduced me to testify in support of his substitute. I was stunned to be called as a witness on a bill I had never had the opportunity to review. I explained to the committee that I felt placed in an awkward position by being called to testify in favor of a bill I had never seen. I further explained that I was not given an opportunity to review the sub and I wasn’t prepared to testify concerning language I had not reviewed.
Blind-sided by the bait-and-switch, I told the committee I had come to testify concerning the original SB869, which only proposed the removal of five words-"within the past fifteen years"- from the bail statutes. Those five little words became known as the Lee Clause after SB1122 passed in 2004. The Lee Clause became law after bondsman Virgil Lee Jackson lobbied for a change in the statutes so he could obtain his general bail bond license. Jackson was an 8-time convicted felon and was unable to get a general bail license. Jackson and others hired lobbyist Steve Carroll and successfully added the 15-year clause allowing convicted felons to be licensed as long as the conviction was over 15 years old. The provision was hidden deep in a huge bill entitled "Dentistry" and passed in final days of session. The 15-year look-back was dubbed the “Lee Clause” since it was specifically crafted to allow Jackson to obtain his general license.
I explained to the committee how the courts have routinely held that the State of Missouri is placing its “seal of approval” upon an individual when it grants a state-issued professional license. The public can then have faith and confidence in the licensee because he/she has obtained this approval. I detailed Jackson’s criminal past and how he was granted a bail bond license in 1996, even though he had served approximately 20 years in state and federal prisons for eight separate felonies he committed over his lifetime. Shortly after the Lee Clause became law in 2005, Jackson was arrested for conspiring to murder his competitor, former Missouri State Representative Jerry Cox. Jackson is now serving 10 more years in a federal prison. I also testified that licensing felons like Jackson damages the integrity of the bail industry, it is bad public policy for the state, and undermines the citizens’ trust in the credibility of all state-issued professional licenses.
The bail bond association lobbyist, Steve Carroll, spoke in favor of the substitute that others were denied the opportunity to review.
Senator Frank Barnitz had signed on as co-sponsor of the original bill just after the session began. I spoke with Senator Barnitz after the hearing and he informed me of his displeasure that he was not notified of the substitute. Barnitz said that co-sponsors expect the courtesy of reviewing the proposed substitute language if his/her name is on the bill. He said that he is opposed to the changes proposed by the bail association and Senator Shoemyer, and only supported the bill as it was originally filed.
The Elections Committee has not met since the hearing to determine whether it will pass the bill, amend the bill, or even take up the bill at all. The committee chair, Senator Delbert Scott, has extended an invitation to submit written testimony on the substitute prior to any decision of the committee.
Although pulling a bait-and-switch is a legal and accepted political maneuver, it certainly subverts the public’s right to be heard in a “public hearing.”
Previous Posts on SB869
Hearing Scheduled
Barnitz Co-Sponsors SB869
Shoemyer Pre-Files SB869
Sunday, January 20, 2008
OK-Fugitive Escapes During Transport
Youtsey’s bond was set at $200,000 after he failed to appear last month in Greer County. Youtsey is described as between 5 feet 9 inches and 5 feet 11 inches and weighs between 140 and 160 pounds. He has hazel eyes and brown hair. He was last seen wearing blue jeans, a white shirt, gray hooded sweat top, a white Route 66 baseball cap and may be wearing tennis shoes. State police report that Youstey has tattoos on his hands and arms.
Saturday, January 19, 2008
SB869 to be Heard by Senate Committee
The bill seeks to repeal the Lee Clause, which has allowed convicted felons whose convictions are over 15 years old, to be licensed. The language in the bill will prohibit felons regardless of when the conviction occurred.
The bracketed red text in the following statute is proposed to be deleted in SB869:
RSMO 374.755. 1. The department may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any license required by sections 374.695 to 374.775 or any person who has failed to renew or has surrendered his or her license for any one or any combination of the following causes:
(2) Final adjudication or a plea of guilty or nolo contendere [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 committee members are as follows:
Delbert Scott, 28th, Chair
Jason Crowell, 27th, Vice-Chair
Kevin Engler, 3rd
Brad Lager, 12th
John Loudon, 7th
Maida Coleman, 5th
Jolie Justus, 10th
Harry Kennedy, 1st
Jeff Smith, 4th
If you have an opinion to share, I encourage you to attend the hearing or contact your senator. If you don't know your senator, use this handy tool.
Previous Posts
Barnitz Co-sponsors SB869
Shoemyer Files SB869-
Friday, January 18, 2008
Bondsman Arrested on Stealing Charges
Covey works under the authority of Mabel Jane Kuehn and also Joseph Vanhorn. Covey has been licensed since 2003. Casenet indicates that the DIFP requested the court file pertaining to this case on January 9th.
Thursday, January 17, 2008
DOC Offers Online Offender Search Tool
DIFP Enters Into Consent Agreement on License Refusal
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
Sunday, January 13, 2008
Sun Leader Publishes New Information in Fugitive Recovery Case
Last week, it was reported that the fugitive’s name was Randall Brown and he remains at large. A correction was published yesterday in which the Sun Leader reported that the fugitive’s name is Ronald E. Brown and he has been in custody since last November. My previous post has been amended to reflect the correction.
Saturday, January 12, 2008
Senator Barnitz Co-Sponsors SB869
The bill seeks to remove the clause which allows felons to become licensed if the conviction is over 15 years old.
The statute currently reads:
374.755. 1. The department may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any license required by sections 374.695 to 374.775 or any person who has failed to renew or has surrendered his or her license for any one or any combination of the following causes:
2. Final adjudication or a plea of guilty or nolo contendere 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;
Senators Shoemyer and Barnitz seek to remove the words “with the past fifteen years” from the above statute, making the law prohibit felons regardless of when the conviction occurred.
My previous post on SB869
FL-Bondsman Criticized for Takedown in Public Building
Lowman left his weapon in his car as he knew it was illegal to carry a weapon into a government building. Lowman was accompanied by his twin brother, Donald Lowman. The Lowmans approached Darlington in the waiting area of the tax office and asked him to stand up to be hand-cuffed. Darlington began resisting arrest and pulled a handgun from his waistband. According to reports, there were about 25 people in the tax office at the time of the incident. The Lowmans and another person were able to subdue Darlington until police arrived. No one was hurt except Darlington, who received minor abrasions to the face. Darlington faces new charges including felon in possession of a firearm and carrying a concealed weapon.
After the incident, it was reported that Donald Lowman does not hold a bail bond license and is a convicted felon. According to reports, Florida law prohibits fugitive recovery work without a bail bond license. Additionally, Florida statutes also say bonding agency owners may not "employ, contract with, or use the services" of anyone convicted of a felony.
Tax Collector Mike Olsen has spoken with the press several times about the incident. He has criticized Lowman for attempting the apprehension in a busy public building. He has asked for an investigation into the matter as well as changes in the law to prohibit this from happening again. State Sen. Mike Fasano on Friday crafted a letter to Alex Sink, Florida's chief financial officer, asking her to look into what happened and prevent a repeat. "Since the regulation of bail bondsmen falls under the jurisdiction of your agency, I am requesting that an investigation be done into this matter so that we can take the necessary steps, whether by rule or legislation, to make certain this never happens again," Fasano wrote. "I'm sure you agree that a citizen should be able to feel safe in a public office whether it be the office of the tax collector, a legislative office or even the DMV." Local authorities are also investigating the matter.
Friday, January 11, 2008
Bondsman Has Preliminary Hearing in Fugitive Incident
Thursday, January 10, 2008
Bondsman to be Sentenced in Distribution Case
Tetro was licensed in November 2004 under the authority of Jack Allison. He later worked under the authority of Tina Bozarth. Tetro’s license expired in November 2007 and his renewal application has not been approved by the department. Tetro has no pending disciplinary actions with the DIFP at this time.
MSHP Post Arrest Reports Online
Tuesday, January 8, 2008
DIFP Refuses to Renew General Agent's License
Burke has been a licensed general agent since 2001 and previously held an agent’s license beginning in 1997.
Addressing Consumer Complaints
A few months ago, I published a guest editorial from the DIFP, Consumer Affairs Division. The editorial stated that consumer complaints received by the Department usually involve “an agent’s handling of an initial bail transaction, misappropriation of bail money or collateral, failure to return bail money or collateral in a timely manner after proceedings have concluded and unlicensed bail bond or fugitive recovery activity. The most common complaint: lack of customer service.”
I received the following email from a person yesterday. The name and some details of the transaction have been withheld.
I am having a difficult time getting a refund from a Missouri bail bond agent and need to know what action I can take or who to contact. I was put in jail and released my belongings to a bondsman so I could post the full bail using my credit card for $600 bail, plus $120 bond fee. The bondsman said all I would need to do to get the refund is to notify him/her after my court date and it could take up to 90 days to get the $600 credited back to my card. I went to court last summer and have been in contact several times, usually getting the run-around like the boss isn't here right now, or on vacation...etc. The last time I did get a straight answer and was told the collateral would be released in 3-4 days. That was before Christmas and I am losing my patience. What can I do at this point?
I responded to the inquiry, informing the person that if a concern with a bail bond agent goes unresolved, consumer complaints should be directed to the DIFP.
If you need to get in contact with the DIFP, the Consumer Insurance Hotline is 1-800-726-7390. Anyone can file a complaint online here or download a paper complaint here.
There are always two sides to every story, but the best way to avoid disgruntled clients is to be responsive to customer inquiries.
Sunday, January 6, 2008
13th Circuit Issues Order on Posting Bonds
A) All persons who act as surety must meet the requirements of Missouri Supreme Court Rule 33.17.
B) All persons who act as surety for compensation must also:
1) Meet the requirements of Missouri Supreme Court Rule 33.18.
2) Be licensed as a general agent or be licensed as a bail bond agent working under the authority of a licensed general agent. A current copy of the license should be kept on file w/ the Circuit Clerk.
3) File a General Affidavit of Qualification and a General Affidavit-Questionnaire on the forms provided by the Circuit Clerk. The forms used by the court are the Missouri Supreme Court forms from the links above.
4) File with each bond a Special Affidavit of Qualification on the form provided by the Clerk.
C) The Court shall determine whether an individual meets the qualifications to post a bond on a case by case basis, based on information provided by the individual desiring to act as surety, and any other information which may be available to the Court. The Circuit Clerk should be contacted before a surety bond in excess of $250,000 is accepted.
D) The Court may require additional collateral on any bond when it appears from the information available to the Court that the surety is without sufficient assets to cover the bond requested and all outstanding bonds for which the surety is liable.
Saturday, January 5, 2008
DIFP Orders General Agent to Cease Writing Bail
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.
Thursday, December 20, 2007
Hugh Sentenced in Federal Wire-tapping Case
Hugh’s bail license expired last September. There are no pending disciplinary actions against him at this time.
US Attorney’s Press Release
Hugh Found Guilty of Wire-tapping
Hugh on Trial
OK-Bondsmen Encounter Gunfire
The Oklahoma State Police were summoned. After a six-hour stand-off, Vicki Sanders was killed after a shoot-out with police.
Wednesday, December 12, 2007
Unsatisfied Judgment List
1) A&J Bail Bonding, LLC, no longer licensed- 6 judgments totaling $7,900
2) L&C Investment Group, president-Douglas Cheatham of Blue Springs, MO, -no longer licensed-4 judgments totaling $103,250
3) Billy Corn Sr, Cassville, MO-1 judgment for $500
4) Sun Surety Insurance Company-1 judgment for $1,500
There are no agents, general agents, or companies reported with pending disciplinary action.
Sunday, December 9, 2007
Bail Bond Bill Prefiled in Senate
Senator Les Shoemyer-D, Clarence, has prefiled a bail bond bill, SB869, in the Missouri Senate. Shoemyer’s bill introduces no new language and only seeks to repeal five words from the current statutes. Those five words, the Lee Clause, allow felons who have not been convicted within the last 15 years to be eligible for a bail bond license or a general agent’s licence. (See full text below. The bracketed text, “within the last fifteen years,” is to be repealed.)
RSMO 374.755. 1. The department may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any license required by sections 374.695 to 374.775 or any person who has failed to renew or has surrendered his or her license for any one or any combination of the following causes: (2) Final adjudication or a plea of guilty or nolo contendere [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;
Virgil Lee Jackson and the bail association lobbied for the Lee Clause when he was a member of the Missouri Professional Bail Bond(ing) Association. Lee wanted the clause adopted because his felony convictions were over 15 years old and he hoped that he would be able to get a general bail bond license after the clause became law. However, shortly after the bill became law, Lee was arrested for conspiring to murder his competitor, Jerry Cox. Lee pleaded guilty last month and was sentenced to 10 years in federal prison.
The Lee Clause was passed in an omnibus bill, SB1122 in 2004. The language was buried in a bill titled “Dentistry.” The bill was sponsored by committee chair Bob Behnen. Behnen inserted the bail language in the bill and accepted campaign contributions from Lee Jackson and the bail association. The Lee Clause became very controversial in the heated 18th District Senate campaign between Senator Shoemyer and former Representative Behnen. Shoemyer ran television commercials criticizing Behnen for sponsoring legislation supporting felons in the bail bond industry. Behnen lost the campaign to Shoemyer.
A spokesperson in Senator Shoemyer’s office said that Senator Shoemyer wants to repeal the felon language from the statutes because he wanted to act upon the issue he criticized his opponent for in the last campaign.
Last session, The Columbia Daily Tribune interviewed Speaker Rod Jetton about felons in the bail bond industry. When asked if felons should be allowed to be licensed as bondsmen, Jetton replied, “I believe I’m going to say no. I think that’s the correct answer – people with felonies shouldn’t have bail bond licenses. And if that comes up – I know that was a little bit of an issue there [in the Behnen-Shoemyer race] – I’m sure Sen. Shoemyer may deal with that. And I would anticipate that would probably get a lot of support.”
The bill is simple and straightforward. In only seeks to repeal the felon language from the law. We’ll see if it gets bogged down in the legislative session or wins support from those claiming they will support corrective language.
More Coverage on Felons in the Industry
Former Bondsman Gets Extensive Press 10/22/2007
Columbia Missourian: Felons Writing Bail 3/30/2007
Tribune Interviews Jetton About Bail Law 1/26/2007
Tribune Looks at Felon Provision 10/29/2006
STL Post Dispatch Series on Legislation and Jackson 10-11/2006
Law and Sausage Chronology of Bail Law Passage 10/3/2006
Joplin Globe Investigates Bail Bond Law 6/14/2006
Globe Investigates Bondsman with Criminal History 6/5/2006
How Felons Become Bondsmen 4/16/2006
Friday, December 7, 2007
FL-Bondsman Assaulted with Vehicle and Gun
King was charged with theft grand auto, possession of methamphetamine, possession of oxycodone, possession of a prescription drug without a prescription, battery of a bail bonds personnel and failure of a defendant on bail to appear.
Services Announced for Bondsman
Mr. Eldridge worked under the authority of Ben Hilton and formerly served in the Navy in Operation Desert Storm.
A memorial service will be at 7 p.m. Monday at Kidwell-Garber Funeral Home in Laurie. In lieu of flowers, the family suggests memorial contributions to the Joseph C. Eldridge Memorial Fund.
Full obituary can be found here in the Sedalia Democrat
Friday, November 30, 2007
Court Reverses AHC in Christian Case
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
Thursday, November 29, 2007
Under investigation: What bail bond agents should know about consumer complaints
It’s difficult to satisfy every customer all of the time. We all run into misunderstandings and conflicts once in a while, but it’s much easier to avoid these situations if we know what may cause them in the first place.
Take your time
In 2006, 122 general bail bond agents and 835 bail bond agents were licensed to do business in the state, and last year alone the department received 77 bail bond related complaints.
Some complaints involve an agent’s handling of an initial bail transaction, misappropriation of bail money or collateral, failure to return bail money or collateral in a timely manner after proceedings have concluded and unlicensed bail bond or fugitive recovery activity. The most common complaint: lack of customer service. Individuals using bail services complain that their agent did not return calls regarding court appearances, explain the terms of their agreement or treat them with respect. Failure to perform these basic services could lead to misunderstandings and prompt consumer complaints to the department. It’s easy for bail bond agents to respond to these misunderstandings by saying more customers should read their contracts rather than point fingers, but it might be more important to reflect on the interactions you have with your customers. It could save both you and the department time and resources.
Be responsive
The Consumer Affairs Division’s mission is to effectively enforce state laws and regulations governing business to protect consumers from unfair and inequitable treatment. To fulfill this objective, Missouri consumers may file a formal complaint against any person or company doing bail bond business in the state. Once the complaint has been filed, we are required by Missouri law to investigate it. Of course, there are often two sides to every story, so in nearly every case we must get the agent’s side. A department investigator will send a letter requesting information from the agent involved. If you receive a letter, its best to follow these procedures:
- Read the letter thoroughly, follow the instructions and meet the required deadlines.
- Tell us your story from beginning to end – What happened when you interacted with the complainant?
- Do you have notes or documents from the interaction?
- Give us full and complete documentation.
Remember, the quicker we get this information the sooner we are able to mediate or resolve the complaint to uphold both the bail bond agent’s and the department’s reputation.
Monitor the resultsOnly a small number of complaints result in some administrative enforcement action by the department. These actions can range from cease and desist orders to monetary penalties to consent orders requiring more continuing education to a suspension or revocation of an agent’s license. Most complaints are resolved through mediation by our investigators.
Both investigative and legal actions can be viewed on the department’s Web site under enforcement actions. Investigative actions are updated on a monthly basis and legal actions are posted on a daily basis. Viewing this information can give bail bond agents a better idea of the work the department does to enforce the bail bond laws of this state and protect Missouri consumers.
For more information about the department’s complaint and investigative procedures, please contact the Consumer Insurance Hotline at 1-800-726-7390.
Correction and Apologies
The previous article has been amended to correct the misinformation. This is how bad rumors get started, my apologies.
Wednesday, November 28, 2007
DIFP Enters Into Consent Agreements on Unsatisfied Judgments
The Department entered into a consent agreement with Gregory Billingsley, agreeing to issue him a bail bond license. Last year, the DIFP denied Billingsley’s application for licensure, citing that he had failed to satisfy bail bond judgments in 1999, when he previously held a general bail bond license. The Department said that Billingsley failed to meet the qualifications for surety as outlined in Missouri Supreme Court Rule 33.17(f): A person shall not be accepted as a surety on any bail bond unless the person has no outstanding forfeiture or unsatisfied judgment thereon entered upon any bail bond in any court of this state or of the United States. Billingsley appealed to the AHC and no decision has been published at this time. The consent agreement requires that Billingsley dismiss his case before the AHC.
The DIFP also entered into a consent agreement with C&M Bonding, Inc., and Cody Ice. The consent agreement states that C&M is no longer authorized to conduct bail bond business in Missouri. Both C&M and Ice's bail bond licenses were revoked by the director by consent. In the order, the DIFP stated that it attached the $25,000 CD assigned by C&M to satisfy some of the bail bond judgments against C&M in Texas County. C&M had previously appeared on the unsatisfied judgment list for accumulating $114,000 in unsatisfied judgments in Texas County. The Department dismissed its complaint with the AHC against C&M and Cody Ice.
Saturday, November 17, 2007
DIFP Refuses to Issue Bail License
The department reported no felony convictions for Williams. The Director is exercising his discretion in denying Willams’ license under the seldom used “crimes involving moral turpitude” and other language. Willams’ pleaded guilty to assaulting his mother, who suffers from dementia and other health problems. The order also stated that the department need not reach a decision as to whether the DWI would have disqualified Williams, and stated that the totality of the circumstances was reviewed to determine the fitness of the applicant for licensure.
Williams has 30 days to petition the Administrative Hearing Commission to be heard on the DIFP’s decision.
NJ-Fugitive Escapes by Assaulting Bondsman
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.
Thursday, November 8, 2007
IA-Inmate Conspires to Murder Bondsman
Thursday, November 1, 2007
Jackson Gets 10 Years
The DIFP filed a disciplinary complaint against Jackson nearly two years ago. The hearing has been postponed pending the conclusion of all criminal charges. Now that Jackson has been sentenced, hopefully the hearing scheduled for December 12th can be heard before the Administrative Hearing Commission.
Accused co-conspirator Glen Dotson is scheduled to go to trial early next year.
Recent Press
US Attorney's Press Release
STL Post Dispatch
KC KSHB
STL KSDK
First Capitol News-St. Charles
Examiner.com
Cape Girardeau KFVS
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
CT: Cop and Bondsmen Plead Guilty to Bribery
A link to coverage in the case is found at KFSB here.
Expected impact of Jacobs' bail business to court system.
DIFP Orders License Revocation for L&C
Previous Coverage:
Appellant Court Rules Against L&C
L&C Appeals to Supreme Court
MO Supreme Court Denies L&C Case
DIFP Files Complaint Against L&C
Press coverage from KMBC-9
AHC Rules Cause to Discipline
L&C Files Lawsuit Against Court and DIFP
L&C Dismisses Lawsuit Against DIFP
Wednesday, October 31, 2007
DIFP Refused to Renew Bail License
Monday, October 22, 2007
Former Bondsman Gets Extensive Press Coverage
Two months later, the Kansas Department of Insurance revoked McGee’s license, citing its authority based on the fact his license had been cancelled in Missouri, he was a convicted felon, and the interests of the public were not served under the license.
A few months later KCTV Channel 5, of Kansas City, reported about McGee in a three part series. KCTV reported that a manhunt for McGee in connection with a robbery in Kansas, then reported that he was captured, and concluded its investigation reporting on McGee’s criminal past and licensing. The station interviewed an official from the Kansas Department of Insurance, who said that Kansas had issued McGee a bail bond license in good faith after Missouri had issued him a license and that the Kansas Department of Insurance was taking a close look at this situation.
McGee worked under the authority of his mother, Cynthia Saulmon. Her license, and the license of her company, Afford Able Bail Bonds, Inc., is currently under disciplinary proceedings before the Administrative Hearing Commission. Her case is scheduled to be heard by the AHC on November 7th.
It is unfortunate for us all that six months of bad press surrounded McGee, shedding a bad light on everyone in this industry, especially since McGee should have never been licensed in the first place.
Thursday, October 18, 2007
Bail Bond Tricks and Traps
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
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.
Tuesday, October 16, 2007
Bail PAC Files Report
The committee reported the $1,000 donation from A-Aero Bail Bonds, LLC. According to the Missouri Secretary of State, A-Aero was organized in 2005 by Jack Allison and his agent, Ray Vunovich. A-Aero does not hold a bail bond license in Missouri.
The following received contributions from the PAC:
Representative Steve Hodges D-East Prairie, $100
Representative Tom Dempsey R-St. Charles, Senate campaign, $250
Senator Jason Crowell R-Cape Girardeau, $150
Missouri Legislative Black Caucus-$200
Last quarter, the committee reported another single $1,000 contribution from one of Jack Allison’s unlicensed bail bond companies, American Guarantee Surety, Inc. The Secretary of State’s website shows Virgil Lee Jackson and Allison were both officers until Jackson’s arrest in 2005. Allison currently serves as president. American was incorporated by Virgil Lee Jackson in 2002 with a stated purpose to write surety bonds. Although bonds were written in Missouri, American has never held a bail or insurance license. American still files annual reports in Missouri.
Link to post from July quarterly report.
Sunday, October 14, 2007
La. Judges & Bondsman Indicted for Bribery
Saturday, October 13, 2007
Bondsman Arrested After Shots Fired
Vinson, of Camdenton, has been a general agent since August and an agent since 1998. He has two agents working under his authority.
Thursday, October 11, 2007
AHC Rules Cause to Discipline in Residency Case
Wednesday, October 10, 2007
Unsatisfied Judgments
1) L&C Investment Group, president-Douglas Cheatham of Blue Springs, MO-2 judgments, $101,500
2) A&J Bail Bonding, LLC-no longer licensed company-4 judgments, $4,000
L&C is also listed under pending disciplinary action. The Administrative Hearing Commission ruled that there was cause to discipline L&C. The disciplinary hearing is scheduled for today.
