The DIFP has published the following licensing actions on its website:
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.
Wednesday, March 19, 2008
Tuesday, March 11, 2008
Judgment List 3/7/2008
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 distributed on March 7th. The list is distributed to local courts via electronic means.
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.
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
VIRGINIA-The Richmond Times-Democrat reports that bondsman James Woolfolk was alone and unarmed when he was killed last Thursday morning while attempting to apprehend fugitive James Carr. Woolfolk was found inside a residence with gunshot wounds to the back, head, and neck. He was shot from behind.
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.
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
VIRGINIA- Bondsman James Woolfolk, age 38, was killed in an overnight shooting in South Richmond, VA. According to press reports, the bondsman was attempting to locate and apprehend fugitive James Carr. Police responded to a shots fired call and found Woolfolk with a gun-shot wound. He was pronounced dead at the scene. Police have taken James Carr into custody after a stand-off ended this morning . He was wanted for failing to appear in court and outstanding warrants for drug charges, trespassing, and obstruction of justice.
Our condolences to the friends and family of James Woolfolk.
Our condolences to the friends and family of James Woolfolk.
Friday, February 29, 2008
AHC Issues Decision on Remand
The Administrative Hearing Commission has issued a decision on remand in the case of licensed bondsman Donald Christian. The case began when the DIFP filed a complaint against Christian in 2006 because Christian had been convicted of a felony drug charge 1998. The AHC ruled against the department saying that the DIFP used statutes in effect in 2006 in composing the complaint, and those statutes could not be used to discipline Christian because they were not in effect at the time Christian committed the offenses. The DIFP filed for judicial review of the decision in Cole County Circuit Court. The court concluded that retrospective 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. The court ruled 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. The AHC then issued a decision consistent with the court’s finding and ruled that retrospective application of the statutes is permissible and the laws in effect at the time of application or renewal control the qualification of the applicant.
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
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
Bondsman Daryl L. Luecke., 53, of Westphalia, Missouri, died Tuesday, February 26, 2008. Services will be held today with a Mass of Christian Burial at 11:00 a.m at the St. Joseph's Catholic Church in Westphalia. In addition to writing bonds, Daryl served his community by being the Osage County Commissioner for 10 years. He also served as an Osage-Gasconade Health Department board member, Secretary for Meramec Regional Planning Commission, a substitute teacher at Fatima and area schools, had county government budget experience, a Missouri C.N.A. and C.M.T., and a care provider to the elderly.
He has been licensed since 2005 and worked under the authority of Dave Strassner.
PA-Bondsman Gets Probation in Shooting
PENNSYLVANIA-The Lancaster Intelligencer Journal reports that a bail bondsman who shot a fugitive in Lancaster was spared a prison sentence. Bondsman Dale Kauffman was sentenced to 5 years probation and ordered to stop working as a bail bondsman. Kauffman shot Moises Torres in 2006, as Torres tried to flee a home while Kauffman and another bail bondsman were in the home trying to detain him. Judge Louis J. Farina said a "deficiency in our system" allows bail bondsmen to be placed in difficult situations with dangerous criminals. "(Kauffman) was never trained," Farina said. "This points out a deficiency in our system, so I have some sympathy for your plight. We need to send a message to other bondsmen," Farina continued. "You are the first. I'm not aware of any case like this. And I want you to be the last." Kauffman pleaded guilty in December to aggravated assault and reckless endangerment. Torres was unarmed when he ran from the bail bondsmen, court documents say. Kauffman fired one shot from his 40-caliber handgun, striking Torres' right leg. The bullet shattered Torres' tibia, requiring him to undergo surgery and skin grafts, court documents say.
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."
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
Please keep the family of Lt. Robert Cooney in your thoughts and prayers. Rob was a 20-year veteran of the St. Louis Police Department and died from a fall at his home this week. Services were held yesterday.
Rob worked a dangerous job doing high-risk search warrants and commanded the department's Mobile Reserve, K-9 and Hostage Rescue units. He received three chief's commendations and two meritorious service citations for valor during his career with the police department.
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, of Goshen, Indiana, reports that a six-member jury returned a guilty verdict in a case of a Goshen bondsman, who was accused of confining a driver and her passenger in a traffic stop. Bart Dewald was convicted of criminal confinement, a Class D felony. Dewald was searching for a woman who was out on a bond through his agency.
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.
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
PBUS (Professional Bail Agents of the United States) is holding its winter conference in Las Vegas on February 18-21 at the Luxor Hotel and Casino. Special speakers this year include news anchor Rita Cosby speaking on the power of the media and Congressman Robert Wexler. Also on the conference schedule is a presentation on national standards for apprehension, liability, and surrender. The conference also has several break-out sessions scheduled including the future of bail, special concerns of women in the industry, GPS monitoring, and a town hall discussion. There will be a vendor’s exhibit hall open throughout the conference.
Friday, February 8, 2008
Jackson's Bail License Revoked
Virgil Lee Jackson’s career in the bail industry has come to an end. The DIFP and Jackson entered into a consent agreement to revoke Jackson’s license. Late in 2005, the department filed a complaint against Jackson after he was arrested for conspiring to murder his competitor, Jerry Cox. In November 2007, Jackson was sentenced to 10 years in a federal prison after he entered a plea of guilty to the murder for hire charge. Jackson signed the consent agreement which states that he has permanently surrendered his license. The DIFP agreed to dismiss the disciplinary complaint pending before the Administrative Hearing Commission.
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.
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
All charges against Randall Avett in St. Louis County have been dismissed. On August 10th, Avett was charged with forcible rape, forcible sodomy, unlawful use of a weapon, and felonious restraint. Avett had been held in the St. Louis County jail with a $150,000 cash only bond. All charges were dismissed last Thursday.
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
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
A $750,000 bond posted in Boone County for defendant Kristopher Prince, who is charged with 2nd degree murder, is making headlines again in the Columbia Daily Tribune. In September, McBee Bail Bonds posted the bond for Prince, who had been in custody for five months. The day after Prince made bond the prosecutor alleged that he had jailhouse recordings indicating that Prince may attack witnesses to the shooting. Additionally, Boone County Prosecutor Dan 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. 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 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
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
General bondsman Gary Darby, of Warrenton, has been arrested in Warren County with a felony charge of bribing a public servant in violation of RSMO 576.010. The probable cause statement alleges that Darby attempted to bribe a corrections officer by offering the county official money while conducting bail bond business at the jail. A court date has been set for February 25th.
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.
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
The New York Times published an article about bail system in the US. It is part of a series which also examines juveniles serving life sentences and accomplices in murders serving as much time as the murderer. The article examines the uniqueness of the US system and evaluates how the system works.
Be sure to view this graphic from the US Department of Justice showing that surety release results in fewer failure to appears and also fewer fugitives remain at large as compared to other forms of release.
USDOJ-full report
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
The DIFP has ordered license revocation for Ulis Vickers, Kristin Vickers, and U&K Investments, Inc. The department adopted the ruling of the AHC, who 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.
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
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
On January 18th, the Consumer Affairs Division of the DIFP issued an advisory regarding the use of fictitious names and the filing of monthly affidavits.
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
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
Yesterday, The Columbia Daily Tribune published a report regarding a $750,000 bond posted by an agent of Harold McBee of Chillicothe. The Tribune reports that Kristopher Prince, 18, was released from the Boone County Jail after posting the bond with McBee. Prince is charged with second-degree murder, unlawful use of a weapon and armed criminal action in a shooting incident in which another teenager died.
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
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
I received an email from Ben Mares, webmaster of http://www.rewards4fugitives.com/. Ben would like to share his website with bondsmen around the nation. He tells me that tips from the site helped capture this fugitive who was extradited from Mexico.
The site is free for listing agents and all rewards and phone tips are handled directly by the listing agent.
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
Subverting the Public’s Right to be Heard
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
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
Subscribe to:
Posts (Atom)
Sitemeter
