An in Depth Look at the Future of Jail Kiosk Bail Bonds

Competing Fees.

For awhile now, there has been a huge shift toward bail bonds companies offering not only payment plans, but little to no upfront down payments and interest. Much like other industries, such as law firms, doctor offices, etc, it is not difficult to have clients simply not afford their service unless the business is willing to take additional financial risks and offer flexible payment options. Smarter credit card users may realize once they factor in how much they would pay in residual interest, even credit card bonds have their downsides. While also becoming subject to credit card late fees, the payment options bail bonds companies offer start to look rather enticing.

Although in-house kiosk fees are only 7%, a decent amount less than the 10% to 15% bail agents must charge, it’s a fee needed to be paid in full; often an amount more than a defendant can afford. For small non-felony bonds this might not apply, but would the bail industry really prefer someone remain detained in jail for hours, sometimes overnight, so they can charge a $100 minimum fee? The answer is hopefully No.

Disguised Online Threat.

Perhaps these kiosks might affect small mom and pop businesses, but there is still plenty of time before this option is made available to all jails. A larger threat for small businesses is the relatively recent developments of bail bonds companies hiring aggressive search engine and social media marketing services. Driving into any city, one is not hard pressed to find a bail bonds company especially near jails and court buildings, so the industry appears to be doing rather well. For example, if just a handful of businesses within a city closed, largely it would go unnoticed and bail kiosks could hardly be described as a punishing blow to the industry.

With search engine trends showing an increase in bail bond related searches, we can expect throughout these next 5 years smaller businesses being driven out due to increasing online competition rather than to bail kiosks.

There is no shortage of literature describing how the recession has impacted the bail bonds industry negatively. This can be seen by the competitive payment plans offered, but the market itself is growing. The leaders of the industry routinely make 7 figures annually. The amount of individuals with a bail license writing bonds alone, vastly outweigh the number of companies with legitimate store-front offices, employees, website, etc. This is analogous to realtors; you can’t expect that everyone with a real estate license to compete with large realty companies much like every bail agent can’t expect to survive the economic and legislative fluctuations all businesses face.

Defendant Responsibility.

The bail bonds industry was rooted and remains to be built on responsibility. Bail agents are paid a fee to make sure defendants appear to court so that they do not have to stay in jail meanwhile. Bail bonds companies cannot be successful without adhering to this responsibility and maintaining very low forfeiture (also failure to appear) rates. If courts allow this responsibility to become lifted with these credit card bonds, then there will not only be a higher failure to appear rate, but State costs will rise with having to contract people to apprehend fugitives. In Nevada for example, there are over 100 Las Vegas bail bonds companies. Imagine the total addition of responsibility and overhead for each County to bear if kiosks became widely used.

One way or another, there will always be a need for a group to take responsibility. For this reason, credit card kiosks will more than likely plateau in use and serve only defendants that have very minor crimes (also misdemeanors). Potentially in the future what could happen is that bail kiosks are sold to bail bond companies to manage within jails. This would be analogous to how people are able to readily purchase DVD kiosks from OEMs and offer the movie rental service as a private business. The kiosk manufacturer would profit from the sale of hardware vs. the management of equipment. Of course with bail kiosks provided by jails, there will always be concern of whether the defendant will appear in court, even for unintentional reasons. Operationally, this is something the kiosk manufactures cannot provide and fundamentally law enforcement apprehends fugitives and suspects on a completely unrelated basis.

Bail Schedule Increase.

For defendants recognized as being a “flight” risk, judges may impose a higher bail to either (1) indirectly prevent bail being posted because it becomes unaffordable or (2) make indemnitors so invested into the bond, that there becomes extra pressure from family or friends to appear in court. If credit card bail kiosks become widely accepted, the State might impose higher bail amounts for crimes in the event there was an increase in fugitives. Any changes like this would most certainly help the bail bonds industry by creating on average larger bonds to write.

Those who have not needed bail bonds service may be unaware the fee (also premium) required for some defendants can be equivalent and sometimes higher than the monthly salaries of your average doctor or attorney. Not a bad day’s work right? If the State increased the bail amount for common, smaller crimes, the bail industry could look forward to a measurable increase in revenue. In addition, the appearance of a crime problem within a city can be created by the misconduct of even one individual or group. If the number of fugitives increased due to bail kiosks, surely the potential for changing the bail schedule for certain offenses would also increase. However, the County may reduce the number of kiosks or tighten restrictions of its use to offset a problem before increasing bail amounts. There’s a common saying, “If it ain’t broken, don’t fix it.”

Conclusion.

All in all, the advent of new kiosks providing credit card bail bonds will not significantly change the business side of the industry as a whole. People with the ability to bail out quickly should be able to do so because jails are unarguably over crowded with non-violent offenders. Although the image of the bail bonds industry could use improvement, it has remained throughout all these years virtually complaint free as far any failure to provide a valuable, around the clock service with incredible payment flexibility. Occasionally you read or hear stories of bondsman soliciting service illegally, but not at such a high frequency as to raise wide-spread national recognition, such as the mortgage loan modification scams of 2009, which made headlines weekly. As for now, what the future holds is only speculation, but those in the bail bonds industry should not fear things changing overnight. For the most part, County credit card bail bonds will not change the industry as a whole and with some outcomes potentially being helpful, concerns should settle as time passes.

Government Selling Us As Bonds

Recently I have been asked the same question, over and over again. What did you do? Why were you imprisoned? Why did you get prison time? Trust me, I have asked myself those same questions and up until now, I have not been able to come up with a truthful answer that makes sense. Hold on to your hat because it took a lot of legal research in short period of time for me to dig up the corrupt, unseen dirty little trillion dollar secret behind the United States Justice System.

First let me give you an overview of my case, after I set the foundation, only then will you be ready for this shocker! In 2006 I became a realestate investor. I applied for my builder license and invested several thousand dollars office space, office furniture and setting up a legal business entity. There was a real demand for buyer who wanted to purchase investment grade properties. I realized that I could turn my company into a profitable business. I had a built in network of builders and loan officer. I began to advertise for people who wanted to be real estate investors. People would come to my office and I would explain the process of becoming a real estate investor. I never handled the loans or assisted any buyers in filling out loan applications. The network of builders I worked with built homes with a price point of $90K to $105K. These price points made it possible for a person to rent the property at a fair rate, pay the mortgage and cash flow. I eventually established relationships with other builders. My business model changed from finding investors myself to marketing properties to those individuals or groups who already had investors. I negotiated percentage spreads with the builders. I would take a few points for myself, then pass the larger portion of that spread onto the entity. My agreement with the builder required that total payment be made to me after closing, so that I could secure my fee before allocating the remainder of funds. With this changed model of doing deals, I did not have to deal directly with buyers. My job had become being good at locating builders who were willing to negotiate with me. I became so grateful and appreciative of the business that I was in that I fought for it’s longevity. I felt at the time that I had a real business, providing a real service. I did not like the exploiters of the business. At my trial, all of the buyers testified that I told them to make their payments. There was never any mention of fake buyers, agreements to act as a manager or inflated appraisals. It never occurred to me that I was defrauding the lender or attempting to do so because the lenders themselves would encourage these things. I absolutely never knew that providing the working capital to buyers was illegal. These things were common practice and not seen at all as illegal.

In 2006-2008 the deals were being approved and funded so fast. At that time, I didn’t realize that the subprime notes were being securitized as mortgage backed securities with “triple A” ratings. I didn’t realize that they were packaged by the thousands and these CDO’s were sold to Fannie mae and Freddie mac, ultimately being sold to overseas investors. The lenders who are being described as victims now, are the same lenders who demanded that loans be sent to them by any means necessary. The supply to meet the demand was inadequate. It was not uncommon to see television ads offering loans to those with no job. Lenders promoted these 100% financing, no doc, no income verification loans aggressively. They did not have time to properly underwrite the loans, they didn’t care. They didn’t care because the loans were being packaged and sold anyway. This enormous demand is what caused the inflated values of these properties. When overseas investors stopped buying the toxic loans, it was the beginning of the financial crisis. At trial, the prosecutions witness Gail Andrich from MGIC was not completely honest about the underwriting procedures and how the underwriting process was oftentimes totally ignored all together. They deliberately processed loans at high speed without regard to quality. She did admit, however, that the fraud often took place with the mortgage originators. Lenders, mortgage originators and loan officers were the masterminds. Loan officers knew exactly what it took to get loans bought. Mortgage originators didn’t care, as long as the file looked good enough to sell. Lenders simply wanted a complete file to sell. Lack of proper underwriting is largely the reason for the mortgage crises. If they had properly underwritten the loans, they would not have as many loans to sell. More loans, more fees for loan officers, mortgage originators, and lenders. We are talking millions of loans. It was an entire environment of unethical and sometimes illegal practices that promoted this method of business as being legal. I had no control over the demand that ultimately raised housing prices and I had no control over the market forces and changed economic circumstances. This market was created by the fraudulent “triple A” rating of a toxic security.

At the beginning of my trial, the prosecutor in his opening statements to the jury, stated that mail fraud was the prosecutions colt 45. His statement implies that mail fraud is a weapon that can be used to prosecute anyone. There has to be at least a thousand ways someone can commit the act of mail fraud or conspiracy to commit mail fraud without even knowing it. It is certainly not a one size fits all offense. My actions were not a measured intent to defraud.

In 2009 when the public started demanding answers for the failing economy Obama immediately put together a financial task force to target financial crimes. It was initially It was initially intended to target “Wall Streeters” responsible for this financial melt down. The Lehman Brothers, Country wide, Bank of America, just to name a few. None of these went to jail. You want to know why? Because they are corporations! Now here is the shocker I promised you! We are corporations also. Not really but when you receive mail from creditors or court systems, your name is always in all caps- JOHN DOE. This is your corporate fiction! They can only do business with you when your name is in all caps. It is not really you. It’s a fiction. Why is that? Glad you asked.

In 1871 the United States incorporated in England and therefore became an English corporation under the rule of the Crown (Rothschild). As you see, corporations are not governments and can only rule by contracts through corporate copyrighted policy. How can a corporation ever have authority over you?* By contract! ONLY BY CONTRACT!

Today The United States is a District of Columbia corporation. In Volume 20: Corpus Juris, Sec. ยง 1785 we find “The United States government is a foreign corporation with respect to a State” (see: NY re: Merriam 36 N.E. 505 1441 S. 0.1973, 14 L. Ed. 287). Since a corporation is a fictitious “person” or entity (it cannot speak, see, touch, smell, etc.), it cannot, by itself, function in the real world. It needs a conduit, a transmitting utility, a liaison of some sort, to “connect” the fictional person, and fictional world in which it exists, to the real world.

I want to start out by saying that to win in court you have to know what goes on in court. What goes on in the court rooms go back to Edward the First – it’s called Statute Merchant and what it is, is a Bond of Merchant or Bond of Record. The statutes themselves are the Bond and what they do is duplicate the statutes that they charge you under with what they call a Recognizance Bond and people sign the Recognizance Bond without reading what the Bond says. I brought this to Joe’s attention when he signed his Bond… and what it says is, is that you agree to pay back the debt. When you go into court on a criminal charge, it’s CIVIL NOT CRIMINAL.

There’s a book out called the “Jurisdiction and Practice of the Law of Admiralty” by John E. Hall; it’s based on “Clerk’s Praxis”. The Clerk’s Praxis was a clerk of the court of registrar of the Court’s Arches under the King’s Bench. The Court of Arches is a court of Probate and John E. Hall is the one that wrote this book – this book was never intended for public viewing. If you want to understand how Admiralty works, this is the book you need to read and the reason being; read the case of “Waring v. Clark”, it talks about “Clerks Praxis” in there and they used it in the Vice Admiralty Courts in the Colonies during the American Revolution. This book caused the American Revolution.

What their doing is all about Bonds. When you go into the courtroom after you’re arrested they use two different sets of Bonds. What they do when your arrested they fill out a “Bid Bond”. The United States District Court uses 273, 274 & 275. SF means “Standard Form”. Standard Form 273, Standard Form 274 & Standard Form 275. This is the United States District court. There is another set of Bonds and they are all put out by GSA.; General Services Administration. I’m just talking off the top of my head because I have all of this stuff memorized. GSA Form SF24 is the “Bid Bond”, everyone should have a copy of the Bid Bond. The “Performance Bond” is SF25. The “Payment Bond” is SF25A and put out by the General Services Administration which is abbreviated GSA. The GSA is under the “Comptroller of the Currency” which is under the GAO, the “General Accounting Office”.

O.K. you have two sets of Bonds: SF24, SF25 & SF25A. At the Federal Level you have SF273, SF274 & SF275.

O.K. what are they doing with these Bonds? What’s going on in the courtroom is that they are suing you for a debt collection. What it is, is an action of “ASSUMPSIT” The word “PRESUME” comes from the word “Assumpsit” which means “I agree or I presume to do”. An act of “Assumpsit” which means “I agree to a collection of a debt”. If you look at these Bonds… everyone of these Bonds: The “Bid Bond”, “Performance Bond” & “Payment Bond” all have a “PENAL SUM” attached to it. The reason for the “Penal Sum” is if you don’t pay the Debt, you go into “Default Judgment”. That is what is going on in the courtroom.

That is why all of these guys are sitting in prison wondering what’s going on. If you go in there and argue jurisdiction… Jack Smith is exactly correct in what he is saying about the HONOR & DISHONOR. If you go in and argue jurisdiction or refuse to answer questions that the judge or the court addresses to you, they will find you in contempt of court and they will put you in jail and if you read “Clerks Praxis” that’s all they talk about is contempt. What they used to do back in Edward the 1st; if you owed a Debt they would send a Sheriff out with a Warrant to arrest you. This is ALL CIVIL, this is NOT CRIMINAL. It’s just a smoke screen to cover up what they are doing with Mercantile Civil Law and what they used to do when they arrest people with a warrant and brought the person into court and made them sign a Bond to release until the civil suit commenced. It actually says “Civil Suit” in “Clerks Praxis”.

Attorneys are there to cover up the smoke screen. What attorneys do, because no-one knows what’s going on, they lead you into “Dishonor” or “Default Judgment” and then the court puts you into prison then they sell your “Default Judgment”. Who do they sell it to?

Believe it or not, the U.S. District Court buys all of these State Court Judgments. Get on a search engine and type in U.S. Courts. I spent a whole 8 hours getting in there. After you get to the US Courts, go to the 11th Circuit Court of the United States… Circuit 1 through Circuit 11. Click on Circuit 7. That will take you into the various courts; Bankruptcy, District etc. Click on to the Northern Illinois District Court; that will take you to the Clerk’s office – there’s a box there, then scroll down and you’ll see “Administrative Offices” where you’ll see “Financial Department”. It will talk about the “Criminal Justice Act” and “Optional Bids” and this is all spelled out and their not trying to hide it. I don’t know why no-one has found this out before.

Go down to “List of Sureties”… now why do you suppose they have a list of “Sureties” in a Federal District Court? When you get into the “List of Sureties” it will have “FMS.Treas.gov”, this is the Department of Treasury. O.K. when you get into the Department of Treasury you see on the left hand side of the screen you’ll see “Admitted Reinsure” and underneath that will be a “List of Sureties” then under that, the word “Forms”. From there you’ll see about 300 “reinsurance” companies, their all ‘insurance” companies. I downloaded the whole thing I have a complete list. I also have a list of Surety Companies. There are two sets of companies: a list of “Surety” and “Reinsurance” companies. Under 750 of the Department of Treasury, they have to be certified so they can buy up these Bonds; these are the people that are buying these Bonds when you went into “Default Judgment” and they can’t buy these Bonds unless they are Certified by the Secretary of the Treasury.

Next, click onto the word “Forms” and it will take you to the “Miller Act” reinsurance and will list 3 different kinds of Bonds. They don’t use a “Bid Bond” in the District Court that’s why I gave you “Form 24”. All of these Forms come out of the GSA, the General Services Administration. Form 24, 25, 25A and 273, 274 & 275.

The 273, 274 & 275 Bond forms; the 273 is the Reinsurance with the United States. The 274 is the Miller Act reinsurance “Performance Bond”. The 275 is your “Payment Bond”, your Miller Act Reinsurance Payment Bond. What are they doing with these Bonds? They have regulations governing these Bonds; there’s 2000 regulations governing these Bonds. We are going to make these available; its $50 for the discs. The disc has 2000 regulations on CD for people who want this. If you go into these regulations, what they are telling you is, they are buying up commercial items; they use the word commercial items and in 2.01 of these regulations… these regulations are divided up into 50 parts. There’s 1126 pages in volume I and 823 pages in volume II and their all on the disc and what they tell in there is 2.01 defines commercial items as non personal property. What is non personal property? Any property that is not real-estate – it means immovable, real-estate is not movable. Go into your Uniform Commercial Code and look up the word movable and immovables. If you go into… and I’ll read it to you so you won’t think I’m making this stuff up. “Commercial Items are commercial paper.

I recommend everybody… this is the 8th Edition of Black’s Law Dictionary; I doubt if anyone in the room has got one. This thing is really good… basically what it says is… “Commercial Paper; Negotiable Instruments… anything you put your signature on is a Negotiable Instrument under the Uniform Commercial Code which is the Lex Mercantorium. Its Merchantile Civil Law and the reason they use Lex Merchantorium in the court room is because everyone of you are Merchant’s at Law and Merchants at Law is anyone whom hold themselves out to be an expert because you use commercial paper; because you use commercial paper on a day to day schedule; you are considered to be an expert and this is why they are not telling you what is going on in the courtroom because you are presumed to know this because you hold yourself out to be an expert because you use commercial paper all the time.

Everytime you put your signature on a piece of paper, you are creating a Negotiable Instrument. Some are Non-Negotiable and some are Negotiable.

Everytime you endorse something your acting as an accommodation party or an accommodation maker under 3-419. An accommodation party is anyone who loans their signature to another party. Read UCC 3-419, it tells you what an accommodation maker is and what an accommodation party is. When you loan your signature to them they can re-write your signature on any document they want and that’s what they are doing.

This is what is going on and what the Federal Courts are doing they are buying up these state court default judgments and these are called criminal cases, but are actually civil cases and call them criminal to cover up what they are doing. If you read “Clerk’s Praxis” you find that what they call criminal is all civil, they just call it criminal to cover up what their doing. If you don’t pay the debt you go to prison bottom line, the government is making trillions of dollars selling these bonds, the prisoners are the collateral.