Posts Tagged “Arudrina Patridge”

In United States v. Powell, 2010 WL 2557388 (N.D.Cal. June 21, 2010) the Magistrate Judge rejected the Government’s argument that the sureties on an appearance bond must demonstrate assets adequate to cover the bond amount.  The Magistrate Judge held that she could order an “unsecured” appearance bond pursuant to the catch-all provision of the Bail Reform Act, 18 U.S.C. §3142(c)(1)(xiv): “any other condition that is reasonably necessary” to assure the defendant’s appearance and community safety.

In Arroyo v. Bajramj , 2010 WL 2682750 (Conn.Super. May 26, 2010) a bail agent sued the defendant for an allegedly unpaid balance of the premium.  The parties agreed that bonds totaling $215,000 were provided, $6,450 was paid in cash, and the defendant appeared as required.  The issue was any unpaid balance of the premium.  The documents submitted by the plaintiff were notable for uncompleted blanks and references to security for appearance rather than premium amounts.  They did not state an unpaid premium balance.  The plaintiff argued he was owed $9,150 plus attorneys fees and relied on Conn. G.S. §29-151, which the court found stated a maximum premium but did not set a minimum amount.  The defendant, however, admitted that after he was released he agreed to pay another $2,500 and the court found support for a $150 “B.U.F. Fund” assessment.  The court entered judgment for $2,650 and no attorneys fees.

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Bondsman charged in “referral scheme”

SANTA ANA – A bail bond agent was arrested Thursday and accused of soliciting attorney referrals and inmate business in an illegal bail bond referral scheme.

Ronald Lee Brockway, 50, of Seal Beach, is charged with two felony counts of violating bail license regulations and faces a maximum sentence of three years and eight months in state prison.

He is being held on $50,000 bail pending his arraignment.

California law prohibits bail bond employees from soliciting bail business from any inmate or incarcerated person, according to a news release from the Orange County District Attorney’s Office. The law also prohibits bail bond employees from recommending any attorney to any bail bond client, even if no money changes hands.

Brockway is accused of sending numerous e-mails to attorneys soliciting them to participate in an illegal bail bond scheme with his company, Respect Bail Bond, according to the news release.

In his messages, Brockway is accused of suggesting that the attorneys refer bail bond business to him, while offering to refer clients to the attorneys in order to “increase both of our earnings substantially,” prosecutors said.

Brockway is also accused of unlawfully soliciting business from inmates by mass mailing flyers to the Orange County jail containing the name and contact information for Respect Bail Bond. The flyers read, “Get out of jail today by calling now!”

In October 2005, Brockway testified in an Orange County Grand Jury hearing that he had received cash payments from attorney Joseph Cavallo in exchange for referring arrestees to Cavallo’s law practice.

Brockway was not prosecuted in that case because his testimony was needed in the prosecution of other defendants, prosecutors said.

Cavallo was indicted based partly on Brockway’s testimony. Cavallo pleaded guilty on Oct. 12, 2007, to conspiracy to engage in attorney capping, or paying for clients, and an illegal attorney referral scheme. He was sentenced to six months in jail on Dec. 14, 2007.

The District Attorney’s Bureau of Investigation began investigating the current case after a private attorney contacted the OCDA to report receiving the e-mail from Brockway regarding the illegal referral scheme.

Contact the writer: lwelborn@ocregister.com or 714-834-3784

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In People v. Sanchez , 2010 WL 2224699 (Cal.App. June 4, 2010) the defendant failed to appear for arraignment on April 1, 2008.  Defense counsel said that he told the defendant of the date but that there may have been confusion over 4/1/08 versus 4/18.  The court did not forfeit the bond and continued the matter to April 18.  When the defendant failed to appear on the 18th , the court forfeited the bond and issued a bench warrant.  The Court rejected the surety’s argument that the trial court lost jurisdiction when it failed to forfeit the bond on April 1.  The Court thought that the defendant’s record of appearing on numerous prior occasions and counsel’s explanation were sufficient to prevent the trial court’s action from being arbitrary or capricious.  The trial court acted within its discretion.  The Court also rejected the surety’s argument that there was no court order directing the defendant to appear on the 18th.  The operative date was April 1, when he had been ordered to appear.

The surety also argued that the defendant was detained in Mexico but the prosecutor had not entered the warrant in the NCIC system and would not seek extradition.  The Court thought that the record failed to establish that the warrant was not entered in the NCIC database or that, if it had been entered, the Mexican authorities would have held the defendant.  Similarly, the Court thought the record did not show that the prosecutor’s office refused to seek extradition as opposed to failed to produce extradition documents immediately.  The Court characterized the record as showing “coordination between agencies that was slow to progress due to various employees being on vacation” rather than an election not to extradite.  [Not published].

Safety National Casualty Corp. v. U.S. Department of Homeland Security , 2010 WL 2219162 (S.D.Tex. May 28, 2010) addressed five issues that the parties could not resolve in their ongoing ADR procedure as follows: (1) a premature “run letter” bars a breach even if not received by the principal.  (2) If the box requesting notice to both the surety and the agent is checked but the same address is listed for both, the government can comply by sending separate notices or by sending a single notice addressed to both at the common address.  One notice addressed to one recipient, however, is not compliance.  (3) This “notice to both” defense had to be raised in administrative proceedings to be preserved, and such exhaustion of administrative remedies was not excused as futile.  (4) No bond involved in the case presented the issue of a “home grown” run letter not on Form I-166, therefore the court could not decide whether a premature such letter would bar breach of the bond.  And, (5) the surety was entitled to assert offsets or credits to reduce the amount claimed by the government, but bond forfeitures the surety paid voluntarily could not be the basis for such an offset or credit.

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wow... nice going Charlie

wow... nice going Charlie

Spending his Christmas holiday behind bars, Charlie Sheen has now been released from jail after being locked up for alleged domestic violence against his wife, Brooke Mueller.

The “Two and a Half Men”actor posted $8,500 bond at 7PM on Friday (December 25), being released a half hour later after having been booked into the Pitkin County Jail at 11:20AM for second-degree assault, menacing and criminal mischief.

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A sixth suspect has been arrested in connection with the burglaries of Lindsay Lohan and Audrina Patridge’s Los Angeles homes.

The Mean Girls actress’ house was broken into in August (09), while TheHills star Patridge’s property was targeted in a similar crime in February (09).

According to Tmz.com, 27-year-old Roy Lopez, a bouncer at a bar in Calabasas, California was arrested on felony burglary charges on Thursday (22Oct09).

Lopez’ bail has been set at $50,000 (Gbp333,330).

He joins accused teens Diana Tamayo, Courtney Ames and Alexis Neirs, asthe latest suspect in the incident.

The trio were also arrested in California on felony burglary charges on Thursday night (22Oct09).

Ames and Neirs were subsequently released from Van Nuys jail after posting $50,000 (Gbp333,330) bail – and immediately denied any wrongdoing.

Two other suspects – Rachel Lee, 19, and Nicholas Prugo, 18 – have alsobeen held over the burglaries.

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Lee was arrested on Thursday in Clark County, Nevada for possession of stolen property and remains in custody with bail set at $3,000 (Gbp2,000).

Prugo was seized in September (09) on suspicion of burgling Lohan’s home and masterminding the Patridge raid.

He is currently free on $20,000 (Gbp13,300) bail, and is due in court on 11 November (09).

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Teen Girls Busted Over Burglary Spree in the Hollywood Hills

Four teenage girls and a man are in custody, accused of carrying out a string of burglaries in Hollywood, Calif., targeting celebrities including Lindsay Lohan, Orlando Bloom and Audrina Patridge.

“The Hills” star released surveillance video of her home being robbed.The five people were all arrested Thursday and booked on charges of residential burglary, with bail set at $50,000 each, according to a statement from the Los Angeles Police Department.

Rachel Lee, 18, was arrested in Las Vegas, while Courtney Ames and Alexis Neiers, both 18; Diana Tamayo, 19; and Roy Lopez Jr., 27, were arrested in the Los Angeles area, police said.

Lee, Neiers and Ames have all posted bail, police in Los Angeles and Las Vegas told ABC News.

Investigators carrying out search warrants in the case recovered numerous items of property “stolen during a series of burglaries committed at the residences of well known celebrities,” according to an LAPD statement.

Related
Man Charged in Lohan, Patridge BurglariesPolice Arrest Suspect in Lohan BurglaryLAPD Looking for 3 Suspects in Lohan BurglaryPolice also found three firearms and a large amount of narcotics, the statement said.

ABC News Los Angeles affiliate KABC-TV and other media reported that the victims of the so-called “Hollywood Hills Burglars” included Lohan, Bloom and Partridge.

Surveillance cameras captured images of two suspects wearing caps and masks outside Lohan’s now former home.

Another man, Nicholas Prugo, 18, was charged Tuesday with two counts of residential burglary in connection with break-ins at the homes of Lohan and Patridge, KABC-TV reported. He is scheduled to be arraigned Nov. 11.

LAPD spokeswoman Rosario Herrera told The Associated Press that she didn’t know whether the suspects have any links to Prugo, who allegedly stole $170,000 worth of designer jewelry and clothes from Lohan and Patridge.

Bloom was allegedly robbed of close to $500,000 worth of jewelry and cash during a burglary in July, while Patridge, one of the stars of “The Hills,” designer jewelry, handbags, clothes and much more stolen from her home, the TV station reported.
As reported from ABC News

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