Our TAPBA Leadership has requested a Public Chapter for Tennessee be posted. If you are a Tennessee Bail Agent then please read the Public Chapter on the [Welcome] page or the [Important Notice] page !!
Charles W. White, Sr.
President
Chattanooga
(423) 265-1735
Danny Blankenship
Vice President
Huron
(731) 424-4193
Miriam Lawson
Secretary
Waverly
(931) 209-3881
Ronnie Carter
Treasurer
Sparta
(931) 738-2406
BOARD MEMBERS
EAST TENNESSEE
Corky Hendrix
Chattanooga
(423) 265-3800
J. R. Henderson
Sevierville
(865) 453-6400
David Sparks
Knoxville
(865) 522-1776
MIDDLE TENNESSEE
Johnny Knowles
Lebanon
(615) 449-4717
Ronnie Carter
Sparta
(931) 738-2406
Jeff Slater
Nashville
(615) 256-8333
WEST TENNESSEE
Danny Blankenship
Huron
(731) 424-4193
Derrick Britt
Jackson
(731) 423-0251
George Hitt
Memphis
(901) 528-1776
Chapter No. 816] PUBLIC ACTS, 2006
CHAPTER NO. 816
HOUSE BILL NO. 3879
By Representatives Russell Johnson, Armstrong
Substituted for: Senate Bill No. 3812
By Senator Kilby
AN ACT to amend Tennessee Code Annotated, Section 40-11-317, relative to professional bondsmen.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-11-317 is amended by deleting the section in its entirety and by substituting instead the following:
Section 40-11-317. (a) In addition to any other qualifications required by law, the petition or license application for a person seeking to become a professional bondsman shall have attached to it an affidavit setting forth the criminal history, if any, of the petitioner or applicant. If the affidavit is found to be inaccurate, the petitioner or applicant shall be immediately disqualified as a professional bonding person. In addition, such applicant or petitioner shall submit to a criminal history background check by the Tennessee bureau of investigation as provided for under Section 38-6-109 and shall be responsible for any fees for such criminal history background check. The results of the criminal background check shall be submitted by the Tennessee bureau of investigation to the clerks of the court responsible for regulating the activities of the professional bondsman.
(b)
Any applicant for approval as a bonding company owner shall have at least two (2) years experience with a professional bonding company in good standing.
(c)
If a court finds that a bondsman has individually or as a corporation owner been discharged in a bankruptcy proceeding leaving unsatisfied outstanding forfeitures with any court, then the court may order that such bondsman shall be prohibited from executing bonds, bail or other undertakings as surety in such court.
SECTION 2. This act shall take effect July 1, 2006, the public welfare requiring it.
Bail Agency Tied to Racist Gangs,Officials Believe
A La Habra family suspected of criminal activity mayhave hired thugs as enforcers. A north O.C. gang probe suggested a connection.
By H.G. Reza Times Staff Writer
October 11, 2004
Investigators believe a La Habra family accused of running their bail-bond agency like a criminal enterprise has ties to white racist street gangs and hired some members as enforcers, according to court records and law enforcement sources.
Court records also show that authorities were led to American Liberty Bail Bonds, owned and operated by Adnan "Dan" Yousef and his family, during an investigation of white gangs in north Orange County.
An affidavit filed in the case said Yousef illegally employed at least 15 unlicensed bail agents, many of them associates of gangs going by such names as the Independent Skins, Public Enemy Number One, the La Mirada Punks and La Mirada Hesh.
Joyce Greenspan, regional director of the Orange County/Long Beach chapter of the Anti-Defamation League, said Public Enemy Number One has evolved into the largest white racist gang in Orange County.
"We're finding that their racist beliefs are secondary. Instead of attacking minorities like in the past, these groups are more involved in running methamphetamines and other criminal activity, like trafficking money," Greenspan said.
She said some white gangs are controlled by the Aryan Brotherhood and the Nazi Low Riders, both white supremacist groups spawned in California prisons.
According to court records, investigators contend that Yousef's oldest son, Tarek, "is an associate of both La Mirada Punks and the La Mirada Hesh criminal street gang." Tarek Yousef is a licensed bail agent.
Officials in the Orange County district attorney's office declined to talk about the case or a connection between the Yousefs and racist gangs. But a court document shows that police said informants told investigators that the Yousefs and their employees were involved in "narcotics sales, money laundering …
[and] the conspiracy involves two local criminal gangs, La Mirada Punks and La Mirada Hesh."
Los Angeles County Sheriff's Sgt. Eric Fox, a gang investigator, said deputies had frequent contacts with Tarek Yousef over the years. He said the La Mirada gangs are made up mostly of white middle-class youths who began as high school cliques beating up other kids.
Yousef, 55, and his sons — Tarek, 20; Ameer, 19; and Monther, 18 — have each been charged with several felony counts, including embezzlement, forgery and grand theft. Prosecutors also allege that the family kidnapped clients of other bail agencies to get their business. Adnan Yousef's wife, Rayka, 58, is charged in a separate federal case with trying to move $52,000 in cash out of the country. She was detained at Los Angeles International Airport in May 2003.
Authorities allege that Yousef used felons as unlicensed bail agents who also worked as "thugs and enforcers." They say gang members bailed out by American Liberty were given discounts in exchange for criminal favors.
Court records show that investigators believe the unlicensed agents also tricked unsuspecting families into using their homes as collateral for relatives' bonds. The homeowners were asked to sign blank forms that were later used to place liens on their properties, investigators contend.
At the beginning, the North Orange County Target Task Force, with 150 investigators, was focused on arresting gang members and knew nothing about the Yousefs. Court records show that an informant tipped off a detective in January 2004 that American Liberty "has been involved in the past with bailing out numerous targeted gang members that our organization was involved in prosecuting."
Investigators said they were intrigued to discover that in some cases, customers of American Liberty had paid far less than they should have for their bail bonds.
A Fullerton Police Department report, for example, shows that a defendant whose bail was set at $10,000 was bailed out May 22 by American Liberty without paying anything. Another man whose bail was $25,000 was bailed out July 10, also without paying anything to the agency. If the men had absconded, American Liberty would have owed the courts $35,000.
Officers from the gang task force began investigating American Liberty and found themselves following a complicated money trail that stretched from Southern California to the Palestinian territories, Jordan and Israel.
Investigators have tracked some $140 million the family allegedly squirreled away in foreign bank accounts, many of them in the Middle East. It's unclear where the money came from or where it went.
Law enforcement officials involved in the investigation said the task force asked the FBI for assistance in tracking the large amounts of money but were turned down.
But FBI spokeswoman Laura Eimiller said the agency was still assessing the investigation and denied that agents had refused to assist the task force.
"We routinely assist law enforcement agencies," Eimiller said. "What we will do in this case is to determine if there is a federal nexus and what kind of resources we can bring to the table."
If you want other stories on this topic, search the Archives at latimes.com/archives.
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Copyright 2004 Los Angeles Times
To:TAPBA Members
The following is a State Legislative Alert that was sent out by Armando Roche, PBUS
Subject:State Legislative Alert
PBUS has learned that a manufacturer of GPS equipment has mounted a massive campaign in many, many states that calls for the immediate release of defendants wearing GPS devices.Their message is that GPS will both prevent crimes and allow law enforcement to look at a computer screen and immediately know which defendant out on a GPS monitor has committed a crime. We know that this is wrong.Plus, this legislation does not specify who will go out and re-arrest the defendant.For sure, it will not be you or me when there is no bail bond on the defendant!
You need to alert your lobbyists; alert your state representatives and senators and be on the lookout for this legislation.It will not come out as bail legislation.They are trying to back door our profession by going in through the Department of Corrections legislation or Law Enforcement Administration legislation or the other routes.
Should you spot this legislation, PBUS will work with you, share with you what others have done to fight this legislation.You need to let us know if and when it appears in your state.This is a very real and a very serious threat to our profession.
Sincerely,
Armando Roche, MCBA, Chair
Electronic Monitoring Committee
March 16, 2004
Dear Professional Bail Agent,
Enclosed with this correspondence are copies of two recent news articles featured in the Kentucky New Era detailing two separate incidents involving alleged illegal behavior by Tennessee Bondsmen (or their company representatives).Both of these bonding companies highlighted in these articles not only allegedly behaved against the law but also allegedly behaved against everything that we teach at the Tennessee Association of Professional Bail Agents (T.A.P.B.A.) continuing education classes.
The purpose of this letter, therefore, is to use this unfortunate opportunity as an example of “what NOT to do” in regards to investigating, apprehending, and arresting wanted fugitives.
The T.A.P.B.A. is constantly striving to fight our often poor public image and also to raise the standards of professionalism for bail agents across the state through EDUCATION.This is a fundamental reason as to why the state mandates 8 hours of continuing education each year for every bail agent in the state of Tennessee.Following proper procedure and adhering to the strictest interpretation of the law is extremely important to the success of our industry because we are always under a very high degree of scrutiny, in large because of “renegade” behavior by a few that adversely affects the whole.
One could argue that the alleged illegal behavior referred to in these articles was not the behavior of the bail agents themselves, but was the poor judgment and lack of knowledge of the company representatives (loosely referred to as “bounty hunters”).However, consistent with what we teach at the T.A.P.B.A. continuing education classes, bail bonding company owners are responsible and liable for any activity or behavior of the people for whom they employ, especially in regards to fugitive recovery.It is also the responsibility of the bonding company owner to ensure that any person or “bounty hunter” employed by the company to help in fugitive recovery operations, to any extent, has completed the 8 hours of state mandated continuing education classes for bail agents.
Who knows whether or not these “bounty hunters” in question, referred to in these two news articles had attended and completed the required education classes?I feel compelled to believe that if they had, perhaps they would not have behaved so foolishly.Irregardless, the T.A.P.B.A. strongly supports professional bail agents across the state who conducts themselves and their businesses with professionalism, integrity, and strict accountability to every letter of the law, and we denounce those bonding companies that think they can operate above the letter of the law.As professional bail agents we are a vital and integral part of the entire judicial system, so we must act accordingly to be perceived as such.We, in fact, hold the future of our industry in the palms of our hands by our every action.
Therefore, please know the law of the jurisdiction you are entering before ever attempting a fugitive recovery mission.Seek help from the local law enforcement officials before initiating the retrieval.If you are unsure, contact the T.A.P.B.A. office for some guidance and information.
HOPKINSVILLE --Their method of operation resembled the action that typically is seen on television shows about police.
The drama starts with the scene of investigators waiting in their car for the suspect to return home. As they wait, they show photographs of the suspect to people in the neighborhood.
That night, the investigators break into the house, just like on TV. But the problem in this drama was that these invaders were bail bondsmen, not police or proper Kentucky authorities.
According to a report from the Hopkinsville Police Department, three bail bondsmen broke through the back door of a house on Wildwood Drive on Feb. 21. Ensrud A. McLain, 22, of Tennessee, was taken away in restraints.
Bail bondsmen have no law enforcement authority in Kentucky. Under state statute, "no bail bondsman or his agent shall arrest, detain, imprison, or remove from the state, any person for having broken the terms of his bail."
"This is not an everyday occurrence for us," police Chief Butch Yeager said. "If they're going to come here and snatch somebody, they have got to have a warrant."
According to local police reports, McLain was able to call his friend via a cell phone sometime during the incident. It is unknown what happened to McLain.
However, an arrest warrant has been issued for Jeffery Wade Vogelsang of Cumberland Furnace, Tenn., according to Christian County Attorney Mike Foster.
Foster said the warrant against Vogelsang contains charges of kidnapping, a bondsman detaining a person without a warrant and second-degree burglary -- all felony offenses in Kentucky.
McLain's original charge remains unclear, but Foster did note that it was a misdemeanor offense in Tennessee.
"A similar bond up here would be only $1,000," said Foster.
"This is maybe the third or fourth time that a bail bondsman has done this in my time," Foster recalled. "The bondsman would come up here, find whoever they were looking for, coming out of a grocery store or some place, handcuff them and take them out of the area."
Foster said that based on information his office has received, two of the bondsmen involved in the recent incident abandoned McLain and Vogelsang at a Clarksville restaurant later that night.
The bad thing about this case, according to police Capt. Monte Strode, is the atmosphere this type of operation creates.
"It is a dangerous situation," he said. "These people were not Kentucky law officers. They can't identify themselves as police officers. They're kicking down the door and sneaking out of town."
Strode added that residents should use caution if a similar situation happens to them.
"They have every right to defend their home. In order to use deadly fire, then you have to be in fear of your life," he said.
Scott Burnside can be reached by telephone at 887-3226 or by e-mail at sburnside@kentuckynewera.com.
CADIZ -- Kentucky State Police are seeking two representatives of a Tennessee bail bond company who allegedly broke into a home here last weekend to capture a man wanted on misdemeanor warrants.
State Police Information Officer Barry Meadows said his department received a call Sunday from a jail representative from Tennessee who was seeking information about Jeffery Harvey, who lives on the Wallonia Road in Trigg County.
"They (bail bondsmen) evidently broke into a home, broke in the back door by kicking down the door," said Meadows.
Meadows said the jail representative was wondering about a foot injury Harvey reported to officials.
The individuals, whom Meadows said were representing a company named EZ Bonding Company, allegedly took Harvey away in hancuffs, leaving behind three children under the age of 11 by themselves.
Meadows said his information indicated that Harvey was wanted on two misdemeanor warrants in Tennesse.
"We're talking about charges of either buglary first-degree or second-degree," said Meadows.
Meadows said two State Police investigators are inquiring into the matter and they have not had much help from the Tennessee company.
This comes on the heels of an incident last month in which a similar bail bond company raid hustled a Hopkinsville man over the Tennessee state line to face a misdemeanor charge.
Scott Burnside can be reached by telephone at 887-3226 or by e-mail at sburnside@kentuckynewera.com.