Fact or Fiction:  You can negotiate with a bail bondsman in the same way you can haggle with a car dealer.

Fiction. Sorry folks, that misconception is just that – a misconception.  Bail bond premiums are set by on a state-by-state basis. In California, that agency is the Department of Insurance.  In the state of California, bail bonds companies charge 10% of a bond’s total premium to provide the service of getting someone out of jail.

Although discounts are granted on occasion based on the parameters of the bond, the greater portion of bonds are not eligible to receive a discount on the purchase of a bail bond.

You will come across a bail bonds company that will be touting 5% bail bonds.  You’d probably be thinking how great a deal they are giving you.  In this instance, you should be cautious of a “bail bonds bait and switch”.  Ten percent is an industry standard and by offering such a low rate they ’are likely attempting to lure you into the office under false pretense.  In fact, the unscrupulous bondsman is requesting 5% down in cash with the remainder being worked out via payment plan. At this point it’s late, you’re tired, and when they produce the contract, you sign it. This practice isn’t illegal, per se, but it is unethical.  There are bondsman who offer payment plans. If that’s what you need, look for it from an expert bondsman.

If you are in fact being offered a 5% bail bond, be aware that price undercutting in the state of California is illegal.

Also arrested for suspicion of conspiracy to commit grand theft and perjury was Mark David Davis and Janelle Marie Llorens. Llorens was also charged with insurance fraud. It is not clear whether Davis and Llorens were employed by AJ’s Bail Bonds or what their connection might be to Pontillo. In 2008, AJ’s Bail Bond business was the concentration of a federal investigation.

Sergeant Anthony Bejaran, the Stanislaus County Jail sheriff’s spokesman, said Pontillo, Davis and Llorens were arrested without incident and being detained at the Stanislaus County Jail.

The arrests were sparked by a California Department of Insurance (DOI) investigation. The bail industry in California is regulated by the DOI. Dave Althausen, spokesman for the Department, said they couldn’t release any details yet, as they were “still coming in from agents in the field.”

The bail set for Davis was $500,000, and Llorens had a bail of $1 million.

FBI agents and gang task force members served a federal warrant and conducted a search at AJ’s Bail Bonds on December 23, 2008. They also searched the home of Pontillo for paperwork and files. There were no arrests made during this search.

The Central Valley Gang Impact Task Force helped federal agents in the search conducted in 2008. This task force unit is funded federally and is a countywide group who has members from other local law enforcement agencies and the FBI.

The FBI would not comment on whether or not there was any gang activity or any other details of the investigation with AJ’s Bail Bond business.

The authorities have stated that Moynihan falsely posed as an officer in order to gain information about inmates that were recently released from jail. He would then approach his victims, claiming to be a bondsman, and tell them that their bail would be going up and if they failed to pay him they would be re-arrested.

Moynihan denies the allegations, stating that they are a lie and, “not accurate at all.”

Detective Jim Hudson of the Placer County Sheriff’s Office has more than one recorded phone conversation between law enforcement and Moynihan who falsely identified himself as “Officer Johnson.”

Colorado Springs authorities initially contacted Placer County in order to request their assistance with the case.

“He contacted agencies and jails in 42 states that we know of,” Hudson said.

Hudson says that Moynihan made contact with all of the bondsmen in the Sacramento area. There is no definite number of how many victims were taken in by this scam at this time, but it is hoped that authorities will have a final total in a few weeks.

A total of eight co-defendants were charged with 148 counts. Six of those defendants were inmates at the time the alleged scheme occurred, in custody for other crimes they had committed.

Shirey is a licensed bail bond agent with Plotkin Bail Bonds located in Santa Ana. Reportedly, she worked there with Ernesto Perez, who is not a licensed bail bondsman. According to the Orange County District Attorney, Shirey and Perez worked together soliciting inmates in jail through other inmates.

If found guilty on all charges, Shirey will be looking at a maximum sentence of 23 years in state prison. She was being held on a $20,000 bail, which she was expected to post on Friday afternoon.

Each of the eight defendants were connected to this scheme while the Orange County Sheriff’s Department conducted an 18-month investigation.

“The illegal soliciting of inmates by unscrupulous bail bond agents will not be tolerated in our facilities,” said Sheriff Sandra Hutchens.

During the time period from August 5, 2010 to March 15, Perez is believed to have plotted with the six incarcerated defendants at the Orange County Jail to solicit other inmates and have them contact him to post their bail.

According to prosecutors, the plan worked like this: Perez worked as the main contact for the inmates. They would call him on behalf of the other inmates which they solicited. He would then illegally negotiate with the inmates over the phone. Shirey would also take part in negotiations and visit the inmates in jail in order to get the agreement signed.

Prosecutors do not allege that Shirey was involved in all the same transactions with Perez and vice versa.

A bail bondsman must complete a request form when visiting inmates in jail in order to keep unscrupulous agents from using the jail to illegally recruit clients. Shirey allegedly entered false information onto these forms about how her agency was contacted by the inmates.

Perez is also facing multiple felony counts of identity theft. He is facing a maximum sentence of 72 years and four months in state prison if convicted. The other six co-defendants, ages ranging from 22-50, will be looking at sentence terms between four years and 14 years.

With some bail agencies being lax in their rules, more offenders are finding it easier to be released. Last January, a Connecticut man was arrested for the second time in four months on domestic violence charges. He was able to post a no-money down, $25,000 bail bond through a bail agent. After he was released, he returned home several hours, later where law enforcement says he shot and killed his wife then killed himself.

Another incident in Lakewood, WA occurred when a man fatally shot four local police officers. Reportedly, he had been released less than a week prior when he posted bail through a bail bondsman who charged fees much below those set by law.

Both states were prompted by these violent acts to begin imposing stricter regulations on bail bonds.

In 2010, tougher regulations for the bail bonds industry were passed in 26 states. Of those, seven of them also placed added restrictions on the release of offenders charged with sex offenses and violent crimes, according to the National Conference of State Legislatures.

In some states, like Connecticut, there has been concern about putting more regulations on the bail bonds industry. Some lawmakers fear that many of the poor and working-class people will not be able to post bail if there are minimum bond fees in place.

Connecticut state senator Eric Coleman has said, “Sometimes people are being unnecessarily held because they just can’t afford to post the amount of the bond the judge sets or they can’t afford to pay a bondsman.” Sen. Coleman has opposed bail bond legislation in the past.

Connecticut defense attorney Michael Georgetti has said that making tougher bail bond laws is not easy. “There has to be some delicate balancing between several interests- treating people among different economic levels equally, making sure our jails don’t become overcrowded because people cannot make bond and making sure the laws on the books against undercutting are enforced fairly,” Georgetti said.

On Thursday, Ernesto Perez, 36, of Burbank, reportedly pleaded not guilty to 16 felony charges of identity theft and 21 felony charges of negotiating bail without a proper license. If Perez is convicted, he will face a maximum sentence of 27 years in a state prison. His bail has been set at $150,000.

California Law strictly prohibits any bail negotiations unless they are conducted by a licensed bail bondsman. Perez, if he had been a licensed bail bondsman, would still be charged for criminal activity for soliciting to inmates, which is also strictly forbidden for protection of the inmates.

California Law also strictly forbids those without a bail bondsman license from arranging bail which is what Ward, Campos and Gatewood are being claimed to have done.

The three inmates were in the Orange County Jail from August 5, 2010 to February 24, 2011 and it is during this time that Perez had been accused of plotting solicitation with them.

Unfortunately, Perez was employed at Plotkin Bail Bonds, but did not ever receive a bail bondsman license.

On February 3^rd, Johnson was taken into arrested by the California Department of Insurance and taken to the Lynwood Jail, Los Angeles County’s women’s jail.  If convicted, is facing a maximum sentence of three years in prison.

Apparently, Ms. Johnson was allowed to post bail and was released. Johnson’s arraignment is scheduled for March 4th at the courthouse in downtown Los Angeles.

State Insurance Commissioner, Dave Jones said, “A bail bond agent who steals from clients in order to use these funds personally is committing a breach of fiduciary duty. Individuals who perpetrate such acts will be prosecuted to the fullest extent of the law.”

According to the Department of Insurance, Johnson executed 13 American Surety Co. bail bonds in Los Angeles County between February and April of 2009.

Johnson is being accused of collecting, from 12 of the 13 defendants that she supplied bail for, approximately $34,000 in gross premiums and also failed to remit $5,070 in net premiums. According to Jones, Johnson has kept those funds for her own personal use.

This investigation has also lead to revealing that Johnson also failed to return to court for another 11 bail bonds that totaled to $250,000 with a $3,250 premium.  Those bail bonds have not been located and Johnson has not accounted for them.

Jones said, “Based on past experience, bail bonds that have not been returned by bail agents could have been executed to release suspects from jail and issued to courts without reporting to the surety company, exposing the surety company to losses equal to the bond value, as well a loss of premium.”

Last May is when investigators first learned of the scheme. Johnson met with investigators the following month and surrendered her bail license. Johnson’s case is being prosecuted by the Public Integrity Division of the L.A. County District Attorney’s Office.

Ronald Lee Brockwayof Seal Beach, has been sentenced to a year in jail, three years of formal probation, and isn’t allowed to perform bail bonds services again for six months, according to prosecutors. Brockway had pleaded guilty to two misdemeanors of violating bail license regulations, which in the beginning were felonies.

According to California Law, it is illegal to ever solicit bail business — from inmates or their families. The law also includes soliciting of or recommending attorneys to bail bond clients, regardless of a money exchange.

Brockway sent numerous e-mails to attorneys suggesting that the attorneys should refer bail bond business to him while in exchange; he would offer his clients to those attorneys, which would “increase both of our earnings substantially.”

Along with trying to solicit to attorney, Brockway also solicited to inmates by mailing mass flyers to the Orange County Jail. The flyers, along with Brockway’s contact information included, “Get out of jail today by calling now!”

Furthermore, in 2005, Brockway testified to an Orange County Grand Jury that he had been receiving cash payments from then attorney, Joseph Cavallo, in exchange for referrals. Brockway was never prosecuted in that case, because his testimony was used to prosecute others.

Cavallo was convicted of engaging in “client capping,” which is paying for clients. Cavallo was sentenced on December 14, 2007 to serve six months in jail.

An anonymous phone call was made to the District Attorney’s office about receiving an odd e-mail; the one is which Brockway asked for attorney referrals, thus spawning the investigation into Brockway.

As honest bondsmen, we’re glad this guy is in jail. I find it appauling, however, that they would ever let him engage in bail services again. Hopefully, the Department of Insurance will get on top of that!

Along with Delozal, another couple from the Morro Bay area was also arrested under suspicion by the California Department of Insurance for violating bail agent state laws. Both Christopher Langley and Larissa Langley also were arrested. Christopher was charged with a felony count for bail bond soliciting inside a jail as well as another charge for failure to keep records open for inspection. Larissa has been charged with a soliciting felony as well as the failure to keep records open.

All three suspected criminals were arrested and booked into the county jail at $10,000 bail.

San Luis Obispos bail bonds are regulated by the California Department of Insurance. Under California bail law, a client must contact the bondsman and a bondsman cannot “cold call” or offer bail services inside a jail or courthouse. Currently, the investigation is open and undergoing investigation.

In July, a customer used Bail Bonds United. In turn, the bail bond company posted the bond but the customer is said to have not been able to pay the premium (the bail bond fee, which is generally arranged in advance) to bondsman, according to the California Department of Insurance. Thus, Bail Bonds United and Damion Paul Perkins, also the co-owner, became quite dissatisfied.

Allegedly in August, Perkins (the bondsman now in custody) and a fellow male went the customer’s home, order him out at gun point, handcuffed him, placed the victim in the back of their car, and Perkins drove them around until he and they could negotiate an amount of ransom. Perkins and his accomplice apparently received illegal drugs and additional money from the victim’s family and in turn, the victim was released. Talk about unethical bondsmen!!

Perkins is being prosecuted by the Riverside County District Attorney’s Office. If Perkins is convicted, he will face a maximum sentence of life in prison with possible parole.