Blunt Orders Troopers to Check Immigration Status

Governor Blunt has directed the Missouri Department of Public Safety (Highway Patrol, Water Patrol, and Capitol Police) to check the immigration status of every person they detain. Blunt cited a murder in New Jersey where an illegal immigrant, who was previously arrested for child rape and released on bond, was among those charged in the murder of three college students. The illegal immigrant was never reported to the Immigration and Customs Enforcement (ICE) unit when arrested on the previous charges. Blunt stated that identifying the accused as an illegal immigrant when he was originally arrested could possibly have prevented the murders.

Blunt directed all law enforcement units in the Department of Public Safety to:

· Prepare for special training and deputization that allows state law enforcement officials to enforce federal immigration law as authorized through section of the Immigration and Nationality Act.
·Encourage and assist local law enforcement to apply for immigration enforcement status and to otherwise offer state assistance, resources and support including making available Live Scan for local law enforcement agencies that will use it. To date, the state has invested more than $2 million of homeland security money in Live Scan, which allows fingerprints to be scanned in the field.
·Verify the immigration status of every individual presented for incarceration with ICE computer background status check and to complete full background checks on any accompanying adults. Anyone identified as illegal will be detained to prevent them from committing any crimes.”

Charges Filed Against Three Bondsmen

Charges have been filed by the Jefferson County Prosecutor’s office against three Missouri licensed bail bond agents and two other men. According to casenet, charges have been filed against bondsmen Steven Morgan, Randall Avett, and Thaddeus Bibb, who all work under the authority of Rick Adams. The two other unlicensed men, Brandon Morgan and Rudulph Whiston, were also charged on related offenses. The prosecutor’s office has charged the men with burglary, armed criminal action, felonious restraint, and property damage. All face bonds of $47,000, except for Avett whose bond is listed at $10,000. Casenet records indicate that Steven Morgan, Brandon Morgan, and Bibb have posted bond through Adams.

The charges stem from fugitive recovery work. Allegedly, 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.

IRB Offers Free Trial to Bondsmen

I received a solicitation from IRB Search today. IRB is an online skip-tracing tool and is offering bail bond agents 500 free searches in the month of September. It is also offering bondsmen a free web seminar on how to use their product. Details on the free trial are posted on IRB’s website. In order to qualify, you must submit a copy of your bail bond license when applying for access.

Dotson Faces New Charges

According to a superseding indictment filed in US District Court in St. Louis, new charges have been filed against Glen Dotson. Last Thursday, a grand jury filed a superseding indictment charging Dotson with conspiracy to use/cause others to use a facility in interstate commerce with the intent to murder an individual and conspiracy to deliver a firearm to a known felon. The indictment names bail bond competitor Jerry Cox as the intended victim of the murder conspiracy. Dotson is scheduled to be arraigned on the new charges on Thursday.

Dotson was previously charged with delivering a firearm to Virgil Lee Jackson, a known felon. Jackson pleaded guilty earlier this month in the conspiracy to murder Cox. Jackson is scheduled to be sentenced on November 1st.

On the Web

A few months ago I featured several Missouri bail bond companies who market their businesses on the web. It was pointed out to me that I missed a couple of companies. Here are two other examples:

MU Bail Bonds/Josh Kayser

Peak Bail Bonds/Tom Peak

THE LIST

Yesterday, I published the outstanding judgment list, better known as-- THE LIST. If you have been around the bail industry very long, you have heard of THE LIST. Most general agents say “THE LIST” with fear and reverence, hoping their names never appear on THE LIST. Everyone wants to know who IS on THE LIST. Like the Momo the monster legend, most agents have never seen THE LIST, they have just heard about its existence.

To better understand THE LIST, you should understand where it comes from. First of all, the list is required by state law to be disseminated to local courts. The law states that the DIFP shall furnish each presiding circuit judge “…a list of all duly licensed and qualified bail bond agents and general bail bond agents whose licenses are not subject to pending suspension or revocation proceedings, and who are not subject to unsatisfied bond forfeiture judgments.” Unsatisfied judgments are reported to OSCA and/or the Department by local courts. If you have an unpaid judgment, you're on the list. To get off the list, the court must report the judgment satisfied. I assume that section of the list dealing with disciplinary action, the DIFP lists companies/agents who have pending for complaints for license revocation or suspension filed with the AHC.

I find THE LIST difficult to understand and have spoken to the DIFP about it several times. The clerks receive a copy of the list from OSCA in email format. Here’s what the body of the email says:

“THE FOLLOWING COMPANIES AND/OR AGENTS ARE NO LONGER LICENSED TO WRITE BONDS IN THE STATE OF MISSOURI.
All Area Bonding
American Bail Bond Associates Ltd.
Amwest Surety
Billingsley Bail Bonds
Bonnett, Charles (d.b.a. Chuck's Bail Bonds)
Continental Fidelity Surety Co., Inc.
Doane, Kevin (GBBA*) (Deceased)
Gillihan, James (d.b.a. KC Bonding)
Gillihan, Shana (d.b.a. KC Bonding)
National Bonding Company
Rogers, Terry J. (GBBA*) (d.b.a. Rogers Bonding)
Swinson, Marcus (d.b.a. A & M Swinson Bail Bonding)"

Some clerks have told me they think the body of the email IS the list. The body of the email contains companies and agents who had licensing issues around the year 2000. These names appear in the email unchanged from month to month. You must click on the attachment to know who is on the real, current list. The attachment is an excel spreadsheet. The spreadsheet has no title or date, so if the clerk prints it out to disseminate to other staff, no one knows what it is or which list is current.

Finally, the content of the list: The content of the outstanding judgment section of the list is only as accurate as the information received from local courts. But I think for the most part, if you land on the list you have an unsatisfied judgment. As far as the disciplinary section of the list, now that is a puzzle. Jerry Franks appears on the pending disciplinary section again this month. His disciplinary action was settled last February. Ozell Scott’s license was revoked by the Director in June, but his name still shows under pending action. Lee Jackson has had a pending action since 2005, but his name is not on the list at all. Afford Able Bail Bonds, Inc. has had a pending disciplinary action since May, yet the current list is marked “NO” under pending action for this company. There are other companies and agents on the list who currently have no pending actions for revocation or suspension and there are companies and agents who have disciplinary complaints who do not appear on the list. It seems unfair to me that pending actions are published at all. The agent/company has only an allegation of wrong-doing at the point they are published on the list used for court approval.

No one wants to see his/her name on THE LIST. If your name ever appears on THE LIST and you don’t know why, start making phone calls.

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. The list is distributed to local courts via electronic means.

1) L&C Investment Group, president-Douglas Cheatham of Blue Springs, MO-2 judgments, $101,500
2) C&M Bonding, Inc.- president, Cody Ice of Houston, MO-8 judgments, $116,000
3) Afford Able Bail Bonds, Inc-no longer licensed company-1 judgment, $650.

The following agents/companies appear in the section listing pending disciplinary action: A Way Out Investments, Gerald Franks, Ozell Scott, A Aarons Bonding, and David McKinney.

Jackson Pleads Guilty

Virgil Lee Jackson pleaded guilty to conspiracy to commit murder this morning in US District Court in St. Louis. Jackson’s trial was scheduled to begin today. His sentencing is scheduled for November 1st and Jackson remains in federal custody. According to the US attorney's press release, Jackson faces up to 10 years in prison. Jackson has been in federal custody since October 2005, after he was arrested for conspiring to murder his local competitor, Jerry Cox.

Jackson had been licensed as a bail bond agent since 1996. According to several news articles, when Jackson licensed he was also a convicted felon. The St. Louis Post-Dispatch Jackson reported he had been convicted of burglary in 1959, burglary in 1967, forcibly breaking into a post office in 1971, and first-degree robbery in 1984.

Jackson, who was a member and director of MPBBA, was instrumental in changing the bail bond law so that felons who had been convicted more than 15 years ago could be licensed. Jackson had previously been denied a general agent's license because of his convictions.

Read the US attorney's press release here.
Link to STL Post Dispatch article.

Dotson/Jackson Trials Scheduled Again

Virgil Lee Jackson is scheduled to go to trial in less than two weeks, on August 13th. Accused accomplice Glen Dotson is scheduled for trial on September 10th. Jackson and Dotson are both charged in federal court on criminal charges related to the alleged conspiracy to murder bail bond competitor Jerry Cox. Jackson remains in federal custody charged with being a felon in possession of a firearm and using interstate commerce with the intent to murder for pecuniary gain. Dotson is out on bond and charged with furnishing a weapon to Jackson, who is a convicted felon.

Previous Coverage below.
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

Bondsmen Serving As Elected Officials

Can you be a bondsman and also serve on the local school board, city council, or other elected position? Can you be an employee of the county, city, or other political subdivision and keep your bail bond license? The question has arisen several times over the years, and the answer is…..sometimes.

Missouri Supreme Court Rule 33.17(e) says: A person shall not be accepted as a surety on any bail bond unless the person is not an elected or appointed official or employee of the State of Missouri or any county or other political subdivision thereof, except that this disqualification shall not apply if the principal is the spouse, child or family member of the surety.

Additionally 374.702(2) RSMO 2005 says: No judge, attorney, court official, law enforcement officer, state, county, or municipal employee who is either elected or appointed shall be licensed as a bail bond agent or a general bail bond agent.

Back in 1980, (33.17e has not changed since that time) rule 33.17 was addressed by former Missouri Attorney General John Ashcroft. The AG was asked if a bondsman could also serve on the local school board. Ashcroft opined, “The terms of Rule 33.17 are clear and unequivocal. If a person is an official or employee of a political subdivision, he cannot be accepted as surety on a bail bond.” The AG defined political subdivision as defined in the Missouri Constitution Art. X, § 15: “The term “other political subdivisions,” as used in this article, shall be construed to include townships, cities, towns, villages, school, road, drainage, sewer and levee districts and any other public subdivision, public corporation or public quasi-corporation having the power to tax..” Ashcroft concluded that an elected school board member could not be accepted as surety on a bond. See AG opinion 95-80.

A decade or so later Senator Jet Banks was able to get his bail bond license while serving in the Missouri Senate. The administration at the Department of Insurance explained that Banks was able to have a bail bond license because he was not the surety under rule 33.17. The administration at that time held that the general agent or company backing the bond was the “surety” and a bail bond agent was simply an agent of the surety. Several bail bond agents around the state were then allowed to hold public office and also hold an agent license.

The question was publicized again in 1998 when Mike Randolph was elected county coroner. The question arose as to whether Randolph was the “surety” as defined by rule 33.17 and whether he could also serve as coroner. In an interview with Randolph, the Mornin’ Mail said, “He says he is an agent for a surety, but he does not qualify as a surety himself. He comes to this conclusion after obtaining legal advice as to the definition of a surety. According to Randolph, a surety is an individual that has assets at risk for a bond that is executed. As an agent, Randolph says he simply receives a commission for bonds that he arranges for the surety.” The county attorney saw it differently and said there was no distinction between any principal and an agent of that principal and that Randolph could not be Coroner and work as a bail bondsman. In January, Randolph resigned before taking office. The Mornin’ Mail reported that the court did have some reservations about approving Randolph as a bondsman if he was the Coroner in light of the Rules of Criminal Procedure. Randolph's resignation resolved the question.

In May 2004, legislation was passed prohibiting a bondsman from serving as an elected or appointed official and simultaneously holding a bail bond agent license or a general agent license. The enactment of this law caused another coroner to resign his position. David Haley held a bail bond license and also worked as coroner in Randolph County. He filed for re-election in 2004. Later in 2004, the law was passed prohibiting him from having a bail license and serving as coroner. Haley won his bid for re-election and the new law took effect in January 2005. The Moberly Monitor-Index reported that Haley contacted department officials who said he would be unable to renew his bail bond license because of his job as coroner. Haley also contacted legislators in an effort to have the statute repealed. In the end, Haley was forced to choose between his license and his job as coroner. He resigned as coroner before renewing his license.

I asked the DIFP how they currently interpreted this statute and Supreme Court Rule 33.17. So far, I have not received a reply. If you are a public official or thinking of running for public office, just be aware that other bondsmen successfully ran campaigns and then were forced from office.

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.

Hugh Found Guilty of Wire-Tapping

Bondsman Richard Hugh, of Sparta, was found guilty of wire-tapping by intercepting the telephone communications of a Springfield resident without permission according to a press release issued by the US Attorney’s office. Hugh's trial began last Monday. The jury deliberated about an hour before delivering the verdict.

Hugh placed the phone tap on the victim’s telephone line in December 2005 in an attempt to get information that would help him locate Basil Minor, who was a fugitive in a Lawrence County, Mo., circuit court case.

Under federal statutes, Hugh could be subject to a sentence of up to five years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

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.

Bail PAC Files Report

The Missouri Legislature is not in session but political fund-raising is still in season. The Missouri Professional Bail Bond(ing) Association-Political Action Committee has reported a single, large contribution from the last quarter. On the same day, the committee disbursed this contribution.

The committee reported a $1,000 donation from American Guarantee Surety, Inc. I found it interesting that American was still in business and making political contributions. American Guarantee was organized by Lee Jackson in 2002. One of the stated purposes of the corporation was to “carry on the business of writing surety bonds.” American (and Jackson’s other company Missouri National Surety) came into the limelight in 2005 when Jackson allegedly conspired to murder his competitor Jerry Cox. The press reported that affidavits filed in the Jackson case allege Jackson wanted Cox murdered because he believed Cox had reported to authorities that Jackson’s companies were fraudulent. (American and National were never licensed as insurance companies and never held bail bond licenses, although agents were writing bonds under American’s paper.)

Until his arrest in 2005, Jackson served as president, vice-president, and other offices of American. American continues to file annual reports with the Missouri Secretary of State, although it no longer backs bonds in Missouri. Since Jackson’s incarceration, he is no longer on the board or an officer. The president’s position has since been held by Jack Allison.

The following Missouri House members received the contribution by American Guarantee:

Steve Tilley R –Perryville, MO - $200
Jamilah Nasheed D – St. Louis, MO $250
Jason Smith R – Salem, MO $200
Jason Holsman D – Kansas City, MO $200

*Jackson is scheduled to go to trial on the murder conspiracy charge and a related charge of felon in possession of a firearm on August 13th in the US District Court in St. Louis.

Bondsman On Trial, Faces Federal Charges

Today is the second day in a four day trial against Richard Hugh of Sparta. Hugh has been a licensed bondsman since 2002 and presently works under the authority of Ray Callanan of Farmington.

Hugh is charged in US District Court with wiretapping and witness intimidation. The US prosecutor alleges that Hugh illegally tapped a telephone in order to gain information about a bail fugitive and later intimidated a witness to drop the complaint against Hugh.

*According to the MPBBA website, both Hugh and Callanan are members of the state bail association. Callanan serves as a director.

Editorial on Cash to the Court Bonds

Here’s a pretty informative and funny editorial on ten percent cash bonds. The editorialist lists the enormity of FTAs and a proven solution.

Here's a quote from the article: "So state bondsmen are hoping to do away with the 10-percent rule -- or at least have it employed more sparingly. Studies have shown that if judges require surety bonds -- meaning someone puts up, say, Mom's house as collateral -- they're 28 percent more likely to show up for court."

DIFP Refuses to Renew License

The DIFP has refused to renew Phillip Joyce’s bail bond license. This is not the first time in the ring for Joyce. He has been denied a license twice before by the Department and has a 1-1 record with the Administrative Hearing Commission on the DIFP’s decisions.

In the most recent Department action, the DIFP refused to renew Joyce’s license because he was convicted in 1995 of stealing by deceit in Scott County, Missouri, and pled nolo contendere to the same type of charge in Craighead County, Arkansas. The DIFP alleges that Joyce is not qualified for a bail bond license because the Department must apply the current licensing statutes retrospectively, that because of Joyce’s convictions, he does not meet supreme court rule, and that he committed fraud or deception by not disclosing his nolo contendere case in Arkansas on his application. Joyce has 30 days to appeal the Department’s licensing decision.

I wrote about the two previous Joyce decisions last year. Joyce applied for a bail bond license after his convictions in 1995. The Administrative Hearing Commission granted Joyce a license saying the licensing statute was permissive. They reversed the Department and granted Joyce’s license stating that Joyce exhibited a good reputation in his new community, was resolved not to repeat his mistakes, and was candid about his convictions. The AHC concluded that these factors outweighed the felony convictions and granted him a license. Two years later Joyce applied for a general bail bond license and his application was denied by the Department of Insurance for the same felony convictions. Again, Joyce appealed to the AHC. This time the AHC ruled in favor of the Department of Insurance. The AHC ruled that the wording of the applicable statutes and Missouri Supreme Court Rules prohibited the issuance of a general bail bond license. The commission said that a general bail bond agent shall meet the qualifications for surety on bail bonds as provided by Missouri Supreme Court rule..... And the Supreme Court rule at the time stated “that the surety has not been convicted of any felony under the laws of any state or the United States.”

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.

FL Bondsman Killed

A bail bondsmen was shot and killed Monday night at an apartment in Northwest Miami-Dade when he tried to take into custody a man who had failed to pay his bond. The bondsman, who was not wearing a bulletproof vest, was taken to Jackson Memorial Hospital's Ryder Trauma Center, where he died.

The man was accompanied by two other bail bondsmen, who were able to detain the shooter without any more shots being fired. Miami-Dade police took the shooter into custody.
Police did not release the names of the shooter or victim. Story at Miama Herald.