Services Announced for Bondsman

Our condolences to the family of bondsman Joseph C. Eldridge, 37, of Sunrise Beach, who died Dec. 3, 2007, from injuries related to an accidental shooting. He is survived by his wife and two children of the home, as well as extended family.

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

Court Reverses AHC in Christian Case

The Cole County Circuit Court has reversed the decision of the Administrative Hearing Commission in the Donald Christian licensing case, ruling that current statutes could be retrospectively applied in licensing issues.

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

Under investigation: What bail bond agents should know about consumer complaints

Below is a guest commentary by the DIFP Public Information Administrator and the Consumer Affairs Division

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 results

Only 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

In my article dated November 28th discussing settlement agreements between the DIFP and license holders, I erroneously stated that no action was taken against Cody Ice’s bail bond license. The DIFP did revoke the licenses of both Cody Ice and his company, C&M Bonding, Inc. The Director’s order directing the revocation is found on page 5 of the settlement agreement.

The previous article has been amended to correct the misinformation. This is how bad rumors get started, my apologies.

DIFP Enters Into Consent Agreements on Unsatisfied Judgments

The DIFP has entered into consent agreements with two bail bond agents in Missouri. A consent order is issued by the director and the parties agree to waive rights to be heard by the Administrative Hearing Commission or any judicial review body.

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.

DIFP Refuses to Issue Bail License

The DIFP has refused to issue a bail bond license to Kevin E. Williams of Nevada, MO. The department’s order states that Williams is disqualified to hold a Missouri bail license because of crimes related to moral turpitude, disregard for orders of the court, and a plea of guilty to a DWI. According to the DIFP’s order, Williams pleaded guilty to misdemeanor 3rd degree assault on his mother, had failed to appear in court resulting in a capias warrant, and had pleaded guilty in 2002 to misdemeanor DWI with accident. The order states that Williams is currently on probation for the assault.

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

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.

Jackson Gets 10 Years

Former bail bond agent Virgil Lee Jackson was sentenced to ten years in prison today in US District Court in St. Louis. Jackson pleaded guilty last August to conspiracy to commit murder. The intended victim of the conspiracy was a bail bond company competitor, Gerald Cox of Cox Bail Bonds in St. Charles. Cox was not harmed as federal authorities were alerted to the hit before it transpired. Jackson has been in federal custody since his arrest in October 2005 and will get credit for the two years he has served.

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 FBI investigation into police corruption in Connecticut has resulted in guilty pleas from a police narcotics officer and three bondsmen. The case resulted in extensive press coverage in the Northeast part of the country. Police officer William White pleaded guilty to conspiracy to commit bribery and theft of government funds. The three bondsmen, Robert, Phil, and Paul Jacobs, pleaded guilty to one count each of conspiracy to commit bribery. The bondsmen admitted to making cash payments to White and other officers in exchange for apprehension of bail bond fugitives and referrals. The bondsmen must repay $750,000 in forfeited funds and the prosecutor has recommended prison time and additional fines.

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

The DIFP has ordered that L&C Investment Corporation’s general bail bond license be revoked. According to the DIFP’s order, a disciplinary hearing was held in October and neither L&C nor its attorney was present. Earlier this year, the Administrative Hearing Commission ruled that L&C was subject to discipline for failing to satisfy a judgment in Buchanan County. The AHC did not find cause to discipline L&C in the complaint regarding the refund of a bail bond premium, when the bail bond did not result in the release of the defendant. In the same ruling, the AHC said that L&C President Doug Cheatham was not subject to discipline.

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

DIFP Refused to Renew Bail License

The DIFP has refused to renew John W. Garrett’s bail bond license. Garrett has been licensed since 1997. The department’s order states that Garrett entered a plea of guilty in 1996 to unlawful use of a weapon and received a suspended imposition of sentence after completing one year of probation. According to the order, Garrett did not disclose the SIS on his 2007 renewal application. Garrett has 30 days to ask for a hearing before the Administrative Hearing Commission.

Former Bondsman Gets Extensive Press Coverage

Last March former bondsman Thomas C. McGee made the news in Columbia after The Missourian investigated his bail bond license. The Missourian reported that although McGee was convicted of attempted arson in 2001 and aiding a felon in Kansas, he was able to get his bail bond license in 2004. (McGee had been convicted of pouring gasoline in the hallway of his home where three women lay bedridden.) The DIFP spokesperson criticized the way the department investigator had handled McGee’s case. The Missourian reported that former Investigator Volkmer closed McGee’s file stating, “Due to extreme mental problems at the time of the incident and from the police report, it appears that Mr. McGee was making a cry for help and this incident of arson was also an attempted suicide. There have not been any consumer complaints against Mr. McGee since his original license was issued. I believe this file should be closed with no further action.” His license expired in March 2007, and the DIFP was quoted saying that if he should re-apply, his application would be denied.

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.

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.

Bail PAC Files Report

The Missouri Professional Bail Bond(ing) Association-Political Action Committee has filed its October quarterly report. Again this quarter, a single $1,000 contribution was reported from an unlicensed bail bond corporation managed by general agent Jack Allison.

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.

La. Judges & Bondsman Indicted for Bribery

A Louisiana bondsman and two judges have been indicted in US District Court , Western District of Louisiana, for RICO violations involving 24 counts of public bribery. Named in the indictment is bondsman Larry Neal Williams and Caddo Parish judges Vernon Claville and Michael Walker. The US Attorney alleges that the judges accepted bribes from Williams 24 times over a two month period in order to lower bonds, remove detention holds, and/or set low bonds. Williams owns A-Instant Bail Bonds and is an appointed agent of Allegheny Casualty Company, according to the Louisiana Department of Insurance.

Bondsman Arrested After Shots Fired

General agent David Vinson is currently being held in the Morgan County Jail on charges related to a fugitive recovery incident which occurred last Friday. According to the Lake Sun Leader and the Versailles Leader-Statesman , Vinson shot at a fugitive as he was escaping in a red SUV, shattering the back glass of the vehicle. The reports indicate that the fugitive successfully escaped and his whereabouts were unknown as of Friday. Vinson has been charged with unlawful use of a weapon, tampering, 2nd degree assault, 1st degree assault, and discharge of a weapon at a moving vehicle. Vinson is currently being held on a $50,000 cash only bond.

Vinson, of Camdenton, has been a general agent since August and an agent since 1998. He has two agents working under his authority.

AHC Rules Cause to Discipline in Residency Case

The Administrative Hearing Commission has ruled that there is cause to discipline the bail bond licenses of U&K Investments, Ulis Vickers, and Kristin Vickers. The AHC ruled that the Vickers and their company had committed misrepresentation to the DIFP when they claimed on their licensing applications to be residents of Missouri when they were residents of Kansas. The Vickers have surrendered their Missouri bail bond licenses. The ruling will become final in 30 days and then the DIFP will convene a hearing to determine what discipline to issue them.

Unsatisfied Judgments

The bail bond unsatisfied judgment list is compiled by the DIFP and the Missouri Office of State Courts Administrator. The following companies appear on the list published 9/28/2007. 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) 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.