Bail Recovery: A Necessary Risk

On 08-18-2017 a Bail Bondsman was shot in Columbia, MO. while trying to apprehend one of her skips. You can see her Facebook article below, regarding this incident: Bondsman In Columbia, MO. Shot

First, foremost, and most importantly, I'd like to wish Lisa a speedy and 100% recovery. Lisa is a hardworking lady, that deserves to be able to continue working, as hard as she always has.

So, as it has been reported, Lisa Henneberry was out putting up wanted posters for one of her bond fugitives,DeAngelo Butler in a neighborhood where he was known to frequent. As Lisa was putting up these wanted posters she noticed her bond skip sitting on the porch at his aunt's house. As Lisa spotted her bond skip, he also spotted her. and ran inside of the house. Lisa then went to the back of the house, where the bond skip exited the house with a firearm and shot Lisa in both of her knees.

                                                                     DeAngelo Butler

This incident has stirred some controversy on Facebook. It seems that this incident has been turned into a racial matter, or a matter of legal ethics regarding the commercial bail industry. I'd like to address some of these issues here on this blog.

So, let me qualify myself. I have been in the bail recovery business for over 27 years, in one form or another, either as a consultant, a freelance recovery agent, or as a manager of a recovery department in-house for various bail bonds companies. I have recovered over 4,000 fugitives either by direct apprehension, or administrative exoneration. I have pulled fugitives out of 42 states in the Unites States, and 4 countries in the world. I know just a little about the world of bail recovery.

So, below are the points that I'd like to dive into here.

First, the commercial bail industry has been around in one form or another even before our organized legal system has. The commercial bail system can trace it's roots back to old English law, before codified and statutory laws in America. The modern commercial bail system allows a person or a company to stand good for another person that is in jail, as long as that person agrees to pay a penalty that is set by the court if he or she fails to guarantee the appearance of the person they are standing good for. Of course this is a business, and bail bondsmen and bail bonding companies make a profit from doing this. hence the term commercial bail system. Of course the people risking their money by guaranteeing that their clients will show up for court, should have some recourse if their clients miss their court date. That recourse is that the bail bondsman gets a certain amount of time to retrieve their clients, by force if necessary, and bring them back to the court returnable and place them back in the custody of the sheriff of the county where the court returnable is located. This process arises from a contract that the bondsman makes with the court and the client. The clients guarantees the bail bondsman that he or she will show up for court, and acknowledges that if he or she does not the bondsman will come arrest him or her and put them back in jail. The bondsman also guarantees the appearance of the defendant to the court, and agrees that if the defendant misses their court date, and the bondsman can not retrieve their client in the allotted amount of time, the bondsman will forfeit the bond money that was put up with the court guaranteeing the defendant's appearance. This is a very brief explanation on the process of commercial bail.

Second, anytime you make a contract with someone, there should be a way to remedy any defaults that may occur that is beyond the control of the parties to the contract. In the commercial bail system, if a bondsman's client misses their court date, the bondsman has the right under the law to retrieve that client in a certain amount of time as prescribed by the court, even by force if necessary. This is the bondsman's available remedy allowed by law, if his or her client violated their part of the contract and misses their court date. In most cases the recovery process is not personal, it's not racially motivated, it is just business, not personal in any way. As a matter of fact often enough, the bail bondsman will retrieve their client and re-bond them, because it is profitable. I have seen times when a person that misses their court date has made things personal by taunting their bondsman, or acting childish. But, even in those cases most of the time the bondsman is professional enough to just be thankful that he or she retrieved their client on time.

In the case that was referred to above, Lisa Henneberry made some mistakes, but they were strategical and tactical in nature, not ethical or moral in nature. Lisa was doing what she was supposed to be doing as far as what her job calls for her to do, she just didn't observe proper safety precautions while doing her job. A bondsman or a recovery agent should NEVER under any circumstances, approach a bond fugitive for the purpose of apprehension without a means to defend their self. As a matter of fact, people doing fugitive recovery work should keep what I call a "go bag" in their vehicle, with all of the necessary tools they need for their trade: firearm, handcuffs, flashlight, teargas, taser, vest, radio communication gear, first aid kit, audio recorder, camera with video taping capability, wireless cell phone charger, etc., etc. For my private investigation business I keep a very similar bag with me, everywhere I go. Bail Bondsman and recovery agents should also form a network, or at least small networks among theirselves, with a mutual understanding that they will back each other up on fugitive apprehensions, if it is possible. Each bond fugitive should be thoroughly researched prior to an attempt to apprehend, one of the first thing that the bondsman should do when the receive notice that their client missed a court date, is run a background check on their client, gather as much information as possible on their client. The client may already have warrants for their arrest, and this could make the bond fugitive's apprehension as easy as making a phone call to the local police. These are just basic, common sense guidelines for recovery work. It is easy to get comfortable and complacent in the recovery business, when the recovery agent goes a long time with no incident. But comfort and complacency are very dangerous places to be in this line of work.

One of the things that RMRI, LLC. does is locate hard to find people. We have the resources for doing this. The databases, the contacts, and the computer savvy to get you close to your skip. For a lump sum fee, we work your locate until your fugitive is in custody. Often times we can even cause the apprehension of your bond fugitive or the exoneration of the bond, thereby making your recovery work just a little safer. RMRI, LLC. has over 27 years of experience at doing this.

FUGITIVE RECOVERY: THEN AND NOW

I want to talk a little about the Fugitive Recovery Business. I am going to write a series of articles on the Fugitive Recovery Business to give hose that are interested an opinion to consider, from a person that has been in the business, that REALLY has "been there an done that"...

First it might be smart to give some background on myself, so you'll know that the person that is writing this article has a background that indicates that he knows what he is writing about.

There was a time when Fugitive Recovery Work was exciting, and most people in the business got along and networked. But there was a time when Fugitive Recovery Work was just a job, a way to earn a living, to put food on the table for your family. One thing Fugitive Recovery Work was NEVER meant to be was publicised! 

I have worked in the Fugitive Recovery Profession for a long, long time. I started out in 1989 assisting a high school friend of mine who chose to become a Bail Bondsman with recovering his fugitives. I found I had a knack for it, and quickly rose to a large Bail Bonds Company's Head Fugitive Recovery Agent. It was a decent job, but it seemed like the hours were longer than the pay. It is also easy to get "burned out" when you stay on the road and away from your home more than you stay at home. Eventually I changed positions and became the Office Manager for the Bail Bonds Company I was working for. I must admit I was "burned out". I met some good Recovery Agents in the beginning stages of my long journey through the Fugitive Recovery Business; like Odell Jones and these were the people that have enriched my life, which is why given the choice I don't think I'd change anything about my past.

I realized that there was a lot more money in running my own Fugitive Recovery Business than there was in working for someone else. I had the experience, I knew the Bail Bonding "game", made some really good contacts, and I was ready to run my own business; or so I thought...

Here is a lesson for anyone wanting to run their own business, and you have to listen carefully. You can be the very best at what you do, and not understand business and completely fail at running your business despite being the best at what you do. You can be the worst at what you do, and understand how business works, and you will last a little while in your business, just long enough for your clients to realize that you are the worst at what you do. You have to understand business, and be good at what you are offering to your clients to succeed. The business world can be an unforgiving beast, and if you can learn those unforgiving lessons and stay in business, YOU ARE A SUCCESS!

I started my own Fugitive Recovery Business after I left my office manager position, and I did pretty well as far as successfully locating and apprehending the fugitives that my clients gave me to find. My ONLY advertisement was "word of mouth" and I was picking up 3 to 5 clients a week. There was always another Bail Bondsman calling to see what I'd charge to locate and apprehend his or her fugitive. What I did not understand is that "business is business", if you want to do charity work, start a charity. If you want to be in business, then conduct business. I did a lot of favors for a lot of people, what I did not understand is that favors are easily forgotten. My lack of understanding of business took it's toll and I had to go back to work for a Bail Bonds Company; but that was okay I was marketable by this time.

I went to work for one of the largest Bail Bonds Companies in the state of North Carolina at the time. Again, it was not that hard for me to rise up to Chief Recovery Agent, I was in charge of six other Recovery Agents, and I really did not do a lot of field work. Somehow I got the nickname "Major Case"; probably because the only cases that I went into the field on were major cases like very high dollar bonds, or cases with serious charges, or cases where the fugitive had a violent background.  I worked at this Bail Bonds Company for about a year,  until I had enough money to start up my own business again. I remember the owner of that Bail Bonds Company well, because he taught me a lot about business; he was a great man in my book. 

I was back in business again, a little smarter about business, and a little better at managing people. One of the first cases I got when I went back to work was a $75,000.00 bond in a small town, where this defendant just seemed to disappear from. The Bondsman said he hired several "Bounty Hunters", and two private investigators and none of them could find him. I asked for 25% of the bond, and the Bail Bondsman agreed to that, and gave me a credit card and some cash for expenses. In three weeks I had their fugitive safely back in North Carolina, by way of New Haven, CT. where I found him and had David Schultz grab him for me. I did not feel like I was any better than anyone else at what I chose to do, but my clients seemed to think I would "walk on water". Finding fugitives just seemed easy for me, it was hard work but I almost never "missed". Here is a well overlooked truth about the Fugitive Recovery Business, apprehending a fugitive is not hard, any well trained chimpanzee can do that and if you throw enough S.W.A.T. Gear on him, he is a sure bet! It is locating the fugitive that is the hard work. It can take hours on the phone, hours in the field interviewing people, mind numbing hours reading through and researching documents, and months of waiting, before you locate your fugitive. It requires good note taking, excellent organizational skills, a great memory, and a phenomenal amount of patience. Those successful skip tracers, respect them because it takes real skill at being able to skip trace someone that does not want to be found. 

I wanted a change of scenery, so I moved to Norfolk, Va., in 1995 and I loved it there. That is where I met and partnered with Norman Jennings. It is hard to find much about Norman Jenning on the Internet, because almost everything he did from when he was a young man was classified, from his time in Marine Forced Recon in Vietnam, to his work with AirScan, But that was where I really went to school, was when Norman Jennings and I worked together, he taught me so much, just by the way he worked and the example he set. Norman Jennings is still alive and I talk to him every now and then. I NEVER had a better partner than Norman Jennings. 

From here I traveled around, I also worked "in-house" for a few Bail Bonds Companies. I ran a team of six agents at one time, and was on a television show called "Bounty Hunters". I liked what I did, because I was good at what I did. But back then things were simple. You did not have Facebook, and you did not have Twitter and all of the other Social Media Sites. You looked at your job as the work you did to support yourself and your family. Nobody in the business really wanted to be a celebrity, we all just wanted to apprehend fugitives. You spent your time on the street doing your job like some people spend their time in a factory doing their job. You didn't brag about what you did, as a matter of fact rarely did you want anyone to know what you did for a living. You did not dress up in S.W.A.T. Styled clothing and gear to play out your childhood fantasies, you dressed in jeans and a tee shirt and knew how to blend in where you were working, your tools stayed hidden until it was necessary to bring them out, and your fugitive never knew who you were until after you had him or her in handcuffs. That is the way we worked, and IT WORKED! We did not want fame, we wanted fortune! You told us we did a good job by paying us. We understood that "almost" did not count at all, it was all about results. And we did our work for the right reason, COLD, HARD CASH! We understood that our job was not personal, we did not like or dislike the people we were apprehending, we were indifferent and unbiased; what we cared about was the money, and that kept us from getting personally involved. We understood that tempers and emotions made you make mistakes, that is why we kept those things in check. We knew if we got mad, lost our temper, or got emotional, the chance of success in finding our fugitives went down. Did we step over the line now and then? Sure! Absolutely! But we never spoke of it, and we always made the decision to do so based on if the fugitive was dangerous enough to risk it, and we balanced that with whether or not what we were doing would cause anyone to get hurt, and if there was even a 1% possibility of anyone getting hurt, we did not cross that line. Not because we were good and decent people (although I'd like to think that we were), but because we were professionals and we made CALCULATED DECISIONS!

Nowadays, it just seems that Fugitive Recovery Work is not about results, it is about who can brag the loudest on Facebook. Who's "war story" tops everyone else's "war story". It is the reality television show, that back in my day would have scared the hell out of a real Recovery Agent; but nowadays everyone wants to be on. And most of what is out there now, could not have done the job we did back when I started. The work would have been too hard, the hours too long, and they would not have had a platform to brag from, meaning they could not get the attention that they so desperately have to have these days. Most of what is out there now is just a bunch of publicity seeking, blow hards. Most of what is out there now would not last 10 seconds in the Bronx, New York where a partner and I snatched a man right off of the street in broad daylight that was wanted out of North Carolina.  Don't get me wrong, there are some really good, "real deal" Recovery Agents out there these days, some "old timers" that are true professionals, you just wont find them on Face Book bragging about their exploits every day or on Twitter tweeting about the latest local bond jumper they picked up. 

I know one thing. I learned a lot from my days as a Fugitive Recovery Agent. What I learned in those days that I did Fugitive Recovery Work has paid off, it has helped me immensely in my Private Investigation Business that I have had for about fifteen years now. I learned how to find a person who did not want to be found, and I am one of the best at it because I have done it for so long. I learned how to communicate with people, which is one of the reasons that I am still here after having diffused many volatile situations. There are few people as good at finding someone as I am, if I am so motivated.  I took a way a lot of skills from my time doing Fugitive Recovery Work, and I still consult a little. But now I have a comfortable Private Investigation Agency where I make pretty good money, and I don't work too hard. Most of the people that I worked with a long time ago, what we call "old timers", have moved on to more stable jobs and are trying to retire. 

Well, that is a little about me. The next blog post will dive into some current event issues. I am going to give my opinion on "Modern Fugitive Recovery" and some of the "heros" in the "Modern Fugitive Recovery Business"...

Ricky B, Gurley

More Attention To MO-Bail

Well I am a little late in returning and I do apologize for that. But here is the follow up on the previous post I made. Here you are going to read about a cast of characters that will rival the Keystone Cops in incompetence.


First let's recap, real quick. I called attention to the denial of Paul Berry's license over a failure to update his address information, which the statute sets a prescribed punishment at a $10.00 fine per month for each month that his address is not updated. I also called attention to the hint that was found in Paul's A.H.C. Ruling that this punishment might be just a little "draconian".


I also left you with proof of another person being granted a license by the Missouri department of Insurance, by displaying the picture below on my previous post:

I then asked you to conduct a CaseNet search for Marilyn Tufts-Nole's criminal history. Here it is below:

I then asked you to look up Paul Berry's criminal history and compare it to Marilyn Tufts-Nole's. Below is Paul Berry's criminal history:

Now if you will look closer, and research the case entries on Marilyn Tufts-Nole's criminal history you will see 3 Peace Disturbances First Offense convictions (all 3 separate case numbers and separate cases, now how are all 3 separate cases First Offenses?) and one Domestic Violence conviction, and 2 pending felonies, 1 for Manufacturing and Distribution of Controlled Substances, and 1 for Possession of a Controlled Substance. Upon further research of these cases you will find this entry in CaseNet on Marilyn Tufts-Nole's Possession Charge, Case Number:11BA-CR02278 on 07/05/2011: 

Warrant Issd Failure to Appear
Document ID: 11-BAFTA-1204, for TUFTS, MARILYN LYDIA. ,
Bond Amount: 4,750.00, Bond Text:
STATE BY JOHNSON. DEFT APPEARS NOT.
CAPIAS ISSUED AND BOND SET $4,750.00.
BOND FORFEITURE ORDERED WITH HEARING ON FINAL JUDGMENT SET FOR 08-12-11 AT 1:30 P.M. IN DIV 5. LB/DIV 5 (CMM)

Okay now compare Paul Berry's criminal record here. Paul has NO convictions and 2 Pending Misdemeanor Traffic Violations, 1 for Driving on a Revoked License, and 1 For Driving an Uninsured Vehicle belonging to Another Person. No Failures To Appear, and no criminal history prior to these two pending charges.


Does it seem fair to you that Marilyn Tufts-Nole should be granted a Bail Bonding Agent's License and Paul Berry should not, so far? Does something seem just a little "off kilter" to you here, thus far? I mean, you do understand that Marilyn Tufts-Nole is legally allowed to apprehend people miss their court dates on the bonds she writes, and she can't even show up to her own court dates, right?


Now let me give you some more of the "back story". First of all, Marilyn Tufts-Nole started out writing bail for Josh Dennison, who for some reason terminated her employment. now Josh seems scared to death to make any statements about Marilyn at all; one can only wonder? I wonder what Marilyn has on Josh? Josh is married, perhaps Josh is afraid that Marilyn might claim that something inappropriate happened between them? It does not make that much difference, because Josh has his own set of troubles and they derive from the fact that he just is not the "brightest bulb in the closet", but that is not his fault. You can get a glimpse of Josh's current problems below:

While Marilyn Tufts-Nole was writing bail for Josh Dennison, Tina Bozarth was complaining that Marilyn Tufts-Nole should not be licensed because of her history and because Marilyn Tufts-Nole is not of good moral character, and Tina was very upset that Josh hired Marilyn Tufts-Nole. And guess who Marilyn Tufts-Nole is writing for now? That is right, Tina Bozarth. But Tina is a "Dipstick", so I guess some of you can give her a pass on not being able to make her mind up about whether or not Marilyn Tufts-Nole should be allowed to have a bonding license. I means ignorance and stupidity should not be held against a person too much, right? 


Now at this time, surely some of you have to be wondering just who would license this all star cast of incompetent dilettantes, right? Enter Les Hogue!


Les Hogue is an Investigator with the Missouri Department of Insurance, and he has some influence over who is licensed and who is not licensed as a Bail Agent in Missouri. Les Hogue is at least partially responsible for the denial of Paul Berry's license. And Les Hogue is at least partially responsible for the granting of Marilyn Tufts-Nole's license. Below are some links to articles that mention Les Hogue's name that you can read a little about him in:


No crimes found in St. Louis bonds probe


No crimes found in city bonds probe But state auditor's report due today contains some harsh criticism


Now I can tell you that I have had a few dealing with Les Hogue myself, and in my personal opinion this is not an honorable man.he is a "low down, dirty, snake in the grass" and most General Agents and Bail Bonding Agents in Missouri will agree wit me on that. We will explore a lot more about Les Hogue in the next few days. I have a lot of material that I need to fact check before I can give you a full picture of just what kind of person the Missouri Department of Insurance has employed to grant and deny bail bonding licenses. 


For now, I want you to understand what the Missouri Department of Insurance has done. The Missouri Department of Insurance has granted a license to a person that has a criminal record that would prohibit her from owning a firearm, but yet the Missouri Department of insurance has given her the authority to get people out of jail, legally apprehend and arrest people that don't go to court, and to stand up in court and ask for continuances on bonds where people have failed to appear; and this lady can't even appear for her own court dates.. And the Missouri Department of Insurance has denied a license and also a livelihood to a man with no criminal record, 2  pending, simple misdemeanor charges, and no failures to appear on these charges, who is an experienced Bail Bonds Agent with no substantiated complaints against him. The citizens of Missouri should be outraged over this type of government incompetence. try to understand that this lady Marilyn Tufts-Nole could show up at your house looking for one of the people that did not go to court for her, demanding to search your house, accusing you of harboring a fugitive. Are you really sure that you want her licensed to do something like that, given her history? 


Ricky B. Gurley.

Time To Give Some Atention To MO-Bail!

Well, as anyone can see by looking at this blog, I have not given it much attention. That is about to change.....

Let me tell the reader little about myself first of all. My name is Ricky Gurley, and I have been a Recovery Agent (read carefully Leslie Hogue). I occasionally consult to Bail Bonding Companies when these bonding companies when they are in need of an expert in "Risk Management Matters" that the average Recovery Agent is not equipped to handle. I am called in when matters go well beyond what a Recovery Agent can handle for a Bail Bonds Company. Most of what I do is never read about or seen in the media. I don't chase fugitives for $500.00, nor am I interested in action, adventure, and/or excitement. Often times what I do does not even require me to leave my home. It is not glamorous, nor is it fun. But it does pay well and that is why I do it. A small example (certain details omitted), four years ago a married couple skipped out on on a Bail Bondsman and went to Mexico on a bond that would have put the Bail Bondsman out of business if he would have had to pay it. They were thought to be "unfindable". Their Bail Bondsman asked a very well known, and highly respected Professional Recovery Agent if he could find them (this Recovery Agent is now deceased). After a few months, this Recovery Agent could not put a location on them, but did have some information that they had left the country. He referred the Bail Bondsman to me and told the Bail Bondsman this: "I know a man that can find them, and if he can't then nobody can; but he is not cheap". The Bondsman called me and we talked for a while. I took my notes, and gave the Bail Bondsman a quote. It took the Bail Bondsman 3 days to get the money together to pay me, but he did. In 48 hours I had the exact address of the couple in Mexico. In 30 days I had pictures of the couple sitting at the table in their new home in Mexico. In 1 year the couple were sitting in a jail in Los Angeles, California after having been extradited from Mexico. In 1 year and 3 months they were back in the jail that they had been bonded out of. The Bail Bondsman did not have to pay one dime to the courts, and my reports got him all of the continuances he needed to get them back in the jail they were bonded out of. And..... I never had to leave my home to get this done; other than to go to the bank.... That is what I do. You did not read about this in the Newspaper, or if you did you never knew that I was behind this. You never heard my name on television or radio about this; because in this world publicity can kill....

I have recovered fugitives out of 43 states in the USA, and 4 countries in the world. Often times I have recovered fugitives with phone calls, I have made a good percentage of them turn their-selves in just by talking to them on the phone. I once made a fugitive drive up from San Padre Island, Texas to Columbia, Missouri to turn himself in just by talking to him on the phone. Negotiation is a skill, and if you are using it as a tool to protect a half a million dollars of your client's money and earn a living, you'd better know it well.

I have a lot to say about Bail Bonding in Missouri, since it seems to be one of the most unfairly managed, poorly organized, and corrupt businesses that I have ever seen.

First, I want to talk a little about a friend of mine that is having a terrible time getting his Bail Bonding License. I want to try to put his case in perspective by showing how easily a person got their bonding license that did not deserve them, and is not of moral character to have them and how my friend can't gt his Bail Bonding License and he has demonstrated that he is deserving of them.

Paul Berry is just a businessman, a family man, and a real "go-getter" in the Bail Bonds Business. There is nothing "bad" about Paul Berry, other than the fact that if he is licensed to write bail and working in your city you'd better step up your game and hustle, or he will be taking your business because he does "bring in the paper". Paul Berry was licensed as a Bail Bonds Agent for a few years, and he was a pretty good Bail Bonds Agent by various accounts. He did incur a few complaints, but none of these complaints were ever substantiated. More than likely these complaints derived from bad Bail Bondsmen that did not like seeing a good Bail Bondsman take their business. On September 10, 2010, the Director issued an order refusing to issue a bail bond agent license to Berry, and Paul has had to fight and pay attorneys to fight for him and he still does not have a license to write bail in Missouri. The only substantiated complaint against Paul Berry was that he did not submit a change of address form when he moved, which the statues only set a prescribed punishment at a fine of $10.00 a month for each month that the address of the bail bondsman is not up to date. Here is where you can find the ruling from the AHC: Paul Berry AHC Ruling

Look at the very first ruling at the top of the page and you will see this:

Case No.:   #10-1931 DI
Title:  Paul Lawrence Berry III vs. Director of Department of Insurance, Financial Institutions and Professional Registration
Description:  
Suffix:  DI Department of Insurance
Date:  8/01/2011

 Just download the link at the top or just click the link right here:  #10-1931 DI. Read the ruling and pay particular attention to the last part of the ruling:

            Berry says that Regulation 20 CSR 700-6.170(3) limits the Director’s authority in punishing violations of 20 CSR 700-6.170(1), because it provides that failure to timely inform the Director of changes of address may result in a forfeiture of up to $10 a month.  We agree that the provision, if read in isolation, might seem to limit the range of sanction for this offense to a forfeiture of up to $10 a month.

            But the provision cannot be read in isolation.  The statutory basis for this proceeding is § 374.750, which states the grounds for refusal to renew Berry’s license.  One of those grounds is set out in § 374.755.1(6) – “violation of any . . . department of insurance, financial institutions and professional registration rules and regulations.”  20 CSR 700-6.170(1) is a regulation of the Department, and Berry violated it.  “When there is a direct conflict or inconsistency between a statute and a regulation, the statute which represents the true legislative intent must necessarily prevail.”[1]

            But we also perceive that the lesser sanction imposed by 20 CSR 700-6.170(3) must, at some point, have reflected the Department’s policy that failure to keep one’s address updated with the Department was a lesser offense than, say, fraud,[2] bribery,[3] misappropriation of funds,[4] or the commission of a felony or a crime of moral turpitude[5]—as common sense dictates it must be.  Compared to these other grounds for discipline, failure to notify the Department of one’s change of address while couch surfing[6] and living in hotels, in order to keep one’s children (including a special needs child) in their school district, fails to qualify as grounds for draconian punishment.  We acknowledge that there were adverse consequences, at the time, to the miscommunication between the parties regarding the consumer complaints leveled against Berry.  But considering that, since at least October 30, 2010, the Director has known where to reach Berry for purposes of investigating the two consumer complaints that precipitated this action.  We cannot see, and the Director has not shown, any prejudice still existing as a result of failure to communicate during the period September 2009-February 2010.

            Thus, the case comes back to the discretion vested in the Director by § 374.051.1.  Where there is discretion to be exercised, it follows that there are factual considerations to be taken into account.[7]  Also, discretion does not mean caprice.  A discretion measured by a capriciously elastic yardstick presents a false measure of equitable right.[8]  Berry impressed as a credible witness who had a stretch of bad luck and who is trying to get his life back on track.  We trust that the Director’s discretion will be exercised commensurate with the facts we have found and the conclusions of law we have reached.

---

Notice the high-lit terms in the paragraph above. Seems to me that the Commissioner in this case is giving the Director of The Department of Insurance some awfully powerful hints as to what would be reasonable here, and denying Paul Berry an opportunity to pursue his livelihood is NOT it.

Tomorrow I will contrast a Licensed Bail Agent here in Missouri against Paul Berry's case, and I think that you will find this contrast very interesting and even complaint worthy. For now, here is the information on the person we will be discussing tomorrow:

For now, just do a CaseNet search on Marilyn Lydia Tufts (her maiden name prior to marrying Arlie Nole Jr.). Do a CaseNet search on Marilyn Lydia Tufts and Paul Lawrence Berry and make a comparison of criminal convictions and charges between them.

I think you will find tomorrow night's post even more interesting than tonight's post.


Ricky B. Gurley

Colorado Bail Bill SB11-186 Part (1)

Now just for starters, so that everyone reading these articles will know; I am a big believer in open debate (except when I am giving a well deserving moron a good tongue lashing on one of my blogs). You can post comments here and give contrary opinions if you wish. I don't censor people because they don't agree with me like some people do. The fact is however; few people want to argue with someone like me; someone that is just stating facts. I encourage open debate on this topic!

I want to take the time to write a series of articles concerning a bill that is working it's way into legislation in Colorado. The bill seeks to institute an alternative bail program in the state of Colorado through the local courts in Colorado.

I want to start with explaining why these types of bills are cropping up in various states. I think the first place to start here is with the Commercial Bail Industry.

First of all, one has to understand that the Commercial Bail System is not what the Bail Bondsmen that are getting rich off of it would have the public believe. These Bail Bondsmen are certainly up in arms over this bill; because it will have an effect on the material that they are used to lining their pockets with and make no mistake that material is MONEY!

The Commercial Bail System is wrought with corruption; most of which is never seen by the general public. Bail Bondsmen have been getting absolutely RICH from the Commercial Bail System for a very long time now. They prey on the desperate misery of others; and if that is not bad enough then consider that they often enough prey on these people's families too. Now understand that I am not saying all Bail Bondsmen are bad people. Some are great people that play by the rules and are nothing less than professionals. Names like Tom Peak, Richard Cloud, David Beasley, and Carlyle Poindexter come to mind when I speak of the True Bonding Professionals in this business. But the sad fact is that this type of Bail Bondsman is greatly outnumbered by greedy, limelight seeking, self-serving, egotistical con men who care for nobody but theirselves. And you will read about their brand of bonding now....

One of the first arguments that the Bail Bondsmen in the Commercial Bail System likes to make is how these states that are instituting these alternative bail programs have incurred a high debt as a result of these programs. Have any of you ever wondered how many Bail Bondsman get out of the Bail Bonding Business with literally hundreds of thousands of forfeiture debt that they are contractually obligated to pay the state; and leave the state holding that bag of bad debt? Let me put it like this; A LOT! The Commercial Bail System has racked up just as much or more in debt to various states than any alternative bail system has. When a Bail Bondsman is licensed and allowed to enter into the Bail Bonding Business, he or she contractually obligates theirself to the state to either produce each defendant that he or she bails out of jail in court to be held accountable for the crimes the defendant is accused of or to pay the full amount of the defendant's bond to the state. It is actually quite easy for a Bail Bondsman to rack up over $250,000.00 in forfeited bonds and then get out of the business and leave the state holding the bag on that debt; while the Bail Bondsman has actually profited from that debt. And it happens all of the time. This is money that could be used by the state to better enhance it's citizen's lives with better roads, better schools, better public services.

Another "first argument" that Bail Bondsmen like to use is that these Alternative Bail Systems make the state that is trying to institute them a haven for criminals and fugitives. The Bail Bondsman working in the Commercial Bail Bonding Profession will tell you that they get their fugitives in off of the street at no cost to the taxpayer; and they'll tell you how effective they are at it. There is some truth in this; but their is also a very ugly truth in this too...  Here are the facts. Bail Bondsmen and their Recovery Agents have their "misses" too. And if you combine all of those "misses" that the Bail Bondsmen and their Recovery Agents have you will find that the success rate for recovering fugitives between Law Enforcement and Bail Bondsmen is just about even. But their is one exception. Law Enforcement Officers are trained to understand what a defendant's rights are, how to treat a defendant while he or she is in custody, how to minimize risk to innocent bystanders in critical incident situations, and what they can and can not legally do while attempting to apprehend a fugitive. Have you seen what kind of people are out there conducting Fugitive Recovery in the private sector? It is absolutely terrifying, "wannabe Rambo's" and thugs that are worse than the thugs they are chasing! Are you sure you want the Commercial Bail Industry to go unchecked so that when one of your family members misses a court date on a Bail Bondsman you have a psychopath knocking on your door, fully ready to violate all of your rights in the name of making a fugitive recovery? That is what is happening in the Commercial Bail Industry right now! This is certainly a public safety issue! Even if the Bail Bondsman are getting their fugitives off of the streets without any cost to the tax payer; to what end?

How many people actually believe that after a Bail Bondsman is in the Bail Bonding Profession over a year that he or she in all cases stays financially solvent to write bail? I got news for you! Most Bail Bondsman do not maintain their financial solvency to post bonds as they are required to by the state.The fact is that the Clerks of Court do not have the time to audit on Bail Bondsman a month, much less keep all of the Bail Bondsmen in their county in compliance with the financial solvency requirements set forth by the state. Thats right, each time a Bail Bondsman writes a bond that he or she should not be writing because they don't meet the financial solvency requirements to write that bond, the state risks losing revenue that would have otherwise went to provide better services for us. Here is an example of the lengths that Bail Bondsman will go to in order to try to pass the audits when they are conducted: Austin Bail Bonding Company Fined $1.2 Million!

And you should see the financial abuses that most Bail Bondsmen get away with. Here is a good example. Often times if a defendant is under a fairly high bond such as a $50,000.00 or more the Bail Bondsman will require a co-signer and some type of collateral to secure the bond. Often times people with relatives in jail will use their home as collateral. Almost always the Bail Bondsman does not even look at this as collateral to secure the bond, they look at it as property to try to take from the co-signer. So, the family of the defendant co-signs on a $50,000.00 bond and secures the bond with a $250,000.00 home. Well the Bail Bondsman now HOPES the defendant will try to run on their bond; because the first thing the Bail Bondsman is going to do is move to try to take the house with the paperwork that the co-signer signed. And guess what? If the Bondsman take the house and sells it for $200,000.00 that Bail Bondsman is going to try to keep 100% of the money, when the Bail Bondsman is supposed to be giving the co-signer the remaining balance after the bond is paid and all of the expenses the Bail Bondsman incurred in the process of having to take the home is paid. And this means REASONABLE expenses; NOT "$600.00 a day for a month for investigative expenses for trying to find the defendant". And I have actually seen this happen! These practices have a far greater impact on society than what you might think.

Without going into and great detail about all of the other "dirty little secrets" that Bail Bondsmen in the Commercial Bail Industry don't want you to know about like how some Bondsmen trade writing bonds for sex and drugs, or other Bail Bondsman pay off public officials like Jailers to send them bonds, or how other Bail Bondsmen use some of their clients that have a history of theft to steal merchandise for them; I think it is fair to say that the Commercial Bail Industry has bought a lot of these types of bills and regulations on itself! Perhaps the state should have a shot at offering the defendant and his or her's family an alternative to the types of treatment that I just laid out in this article?

An Introduction

Well, I guess if I am going to be giving my opinions, the reader should know a little about me.

My name is Ricky B. Gurley and I live in Columbia, MO. I am currently a licensed and bonded Private Investigator, and I specialize in Criminal Defense Investigations, with a specific emphasis on High Technology Investigations. my company is named: Risk Management Research & Investments, Inc., or RMRI, Inc. for short. My webpage can be found here: RMRI, Inc.

I have also been involved in the Bail Bonds industry for the past 18 years. My preference has always been to stay on the recovery side of the Bail Bonds industry, because I would prefer to invest my money into something a little more stable then a stranger's word that even though he or she might go to prison, they'll still show up for court...

I have over 3,000 direct and indirect fugitive apprehensions to my credit, in over 40 states in the USA and 5 foreign countries.

I now consult to various Bail Bonds companies throughout the USA.

I now have a nice, comfy life. I can comfortably pay my bills, I live rather nicely, and I can pick and choose the work that I want to do in my field. And this gives me a little more time to blog; I suppose.....