textfiles/law/crimeftr.013

        Bounty Hunters, Bail Bond Recovery Agents and Skip Tracers
                    and How to Get Valuable Information

Why We Need Bounty Hunters

A recent T.V. show (produced by Rattlesnake Productions, about Bail Bond
Recovery Agents) said 40 % of all arrests made last year (1992) were made
by Bounty Hunters. Think about it.

It takes a hundred thousand or more law enforcement agents nationwide to
make the original arrests, but just a hundred or so Bounty Hunters to find
and re-arrest about 40% of them when they skip bail. When you think about
the numbers and percentages you realize how efficient and important Bounty
Hunters are to our justice system.

It's a crying shame that only 5% of lawbreakers are caught, arrested and
charged with their crimes. (And 90% of those are plea bargained to lesser
charges to make it easier on the court system.)  Imagine what a mockery of
Justice it would be if 40% of the 5% caught and released on bail could skip
bail and never worry about being put in jail!

Bounty Hunters are essential to the justice system now more than ever.

It's not the police's fault or responsibility when lawbreakers are released
on bail and skip town. In most cases, police don't have authority to travel
outside of their jurisdiction to make official, police arrests. Their hands
are tied by legal and financial restraints. But Bounty Hunters have no such
territorial limitations. That's why Bounty Hunters are turned loose, like
bloodhounds, to track them down and bring them back dead or alive.

Bounty Hunters are, in some cases, more important to the justice system
than police who wear guns and badges but seldom make felony arrests!

I'm looking forward to the day when I can say half of all lawbreakers
arrested and prosecuted for their crimes are by Crimefighters!  When, not
if, that happens, we'll need double the number of Bounty Hunters to track
down the bail bond skips. Here's some information on Bounty Hunters:

                       Bail Bond Theory and Practice

When someone is arrested, they can be released on bail and money or
property is pledged as security so they will appear in court later.  Only
when the money is paid to the court or a bail bond is posted (a promise to
pay the court) is the person released from jail until trial.

When a defendant doesn't have enough money for bail, a bail bondsman, who
is essentially a money lender, may help out. The bail bondsman puts up the
bail (his bond) and charges a fee, about 10 to 12%, for the use of the
money and risk.  The bondsman expects to have his bond (promise to pay)
returned to him when the client shows up in court.  That doesn't always
happen. When the defendant doesn't appear, the bond is forfeited, meaning
the bail bondsman must then pay the money to the court.

The client may fail to show up; the bondsman may receive advance word from
an insider that the bailee doesn't intend to show for his trial; and others
who guaranteed the bond with various forms of security (usually relatives)
may become worried and want to cancel it. In all these cases, the bondsman
must find and return the bailee to protect his/her investment.

As you might expect, some felons would rather forfeit the bail amount
(especially if it isn't their money) than face trial, and sentencing.

When a person fails to show up at trial the bond is forfeited and the
bondsman must pay. The law recognizes the right of the bondsman to protect
the investment and grants unique legal privileges to the bondsman to
capture and return the bail jumper.

The bondsman usually employs a specialized type of "skip tracer" to track
down and capture the fugitive. This person may be called a Recovery Agent,
Bounty Hunter or  "Hunter" to those in the trade. The Hunter locates,
arrests, and returns the fugitive to local police. Then the bail bondsman
is off the hook.
                         Case Law on Bail Bonding

Case law dealing with bail bondsmen mentions that a surety (the person who
puts up the bond, or bondsman) is entitled to take into custody the
principal (the person for whom the surety has posted bond) when that person
jumps bond or violates the bail bond agreement. The recapture by a surety
or a delegate (usually a bail enforcement agent) is similar to an arrest by
the sheriff of an escaped prisoner.

The right of a bondsman to protect an investment is clarified in many court
cases.

"The right of a surety to capture his principal is not a matter of criminal
procedure, but arises from private rights established by the bail contract
between the principal and his surety." and "A bail bondsman has authority
to arrest when he sees his principal in a dwelling, properly identifies
himself, and acts in a reasonable manner to enter the dwelling to
effectuate the arrest. The bail bondsman is not required to have the
permission or consent of the owner of the dwelling to enter for that
purpose." (Livingston vs Browder, 51 Ala App 366, 285 So 2d 923)

The Hunter or surety "...whenever they choose to do so may seize him and
deliver him up to their discharge; and if this cannot be done at once they
may imprison him until it can be done. They may pursue him to another
State; may arrest him on the Sabbath, and, if necessary, may break and
enter his house for that purpose. The seizure is not made by virtue of a
new process. None is needed. It is likened to the rearrest by the sheriff
of an escaping prisoner."  (U.S. Supreme Curt: Taylor vs Taintor.)

The right of a surety to recapture his principal is not a matter of
criminal procedure, but arises from the private undertaking implied in the
furnishing of bond." (Fitzpatrick vs William, (CA5 La) 46 F2d 40, 73 ALR
1365).
                           Delegating Authority

Under most state laws a surety may empower a person of sufficient age and
discretion to arrest the accused by endorsing the authority on a copy of
the undertaking; without this authority no agent of the surety may make the
arrest.
                       Places of Arrest and Pursuit

The rearrest by a bail bondsman is not based on criminal procedure. As a
result, the bondsmen may make an arrest anywhere they choose or at any time
or place and in any State within the United States.

A bondsman has no limiting jurisdictional boundaries as State Police
usually have.  However, some States require bondsmen to obtain an arrest
warrant from the State in which the arrest will take place.

                               Forced Entry

Arrest or rearrest of a principal by the bondsman is considered in the same
light as a regular arrest and capture of a criminal. Accordingly, a
bondsman has similar authority as police to break down the locked doors of
the dwelling to make the arrest when the principal refuses to unlock and
open the door.
                              Bounty Hunters

The right of bail in criminal and civil cases allows the Hunter to take
back into custody the bail skipper who does not appear for trial when
required. This arrest, because it is a rearrest, does not require the
Hunter to read the person his/her "rights."  The bondsman or Hunter (a duly
authorized agent of the bondsman) takes the person back into custody just
like an escaped convict is taken into custody. When necessary and advisable
the Hunter may ask for and usually obtains police backup when apprehending
a dangerous criminal.

In 1990 there were 400,000 defendants in the Unites States who had jumped
bail. But there are fewer than 50 full-time bounty hunters do business in
the United States. We need more, according to Bob Burton, President of
NABEA, a Bounty Hunter's organization. The commissions paid, about 10%, are
based on the amount of bail. The commissions may range from $500 to $50,000
depending on the bail amount and the percentage rate you negotiate with the
bail bondsman.

Having bail bond experience could provide suitable training to enter the
CrimeFighter business, and knowing the job of a skip tracer will give you a
few advantages over someone without this training, experience, contacts,
and police assistance or facilities.

                      Building a Database of Contacts

The number of arrests police make is usually in proportion to the number of
"snitches" feeding police insider information on criminal activity.

CrimeFighters need to recruit their own snitches to improve their results.
You'll need to meet people who commit felonies. Get to know a few and
you'll soon know a few more. Being a Hunter is one way to become acquainted
with a few lawbreakers. If you have access to a bail bondsman's records you
can quickly build a long list of potential contacts.

Let it be known to potential snitches you're not a law enforcement officer
but a private investigator and you'll pay up to $1,000 for information on
criminal activity. Try to develop a large number of contacts. Most of them
will sell information to you because they haven't read this book (and
probably never will). But when you know how to go about it, and obtain more
information and/or incriminating evidence, you can make many thousands of
dollars by confirming it, and either making the arrests yourself, or by
passing it on to the FBI for federal rewards. (In a way, you could say
you're in the "information brokerage" business.)

Criminal partnerships seldom last and when they break up they're like
unhappy marriages -- there is often animosity and a desire for revenge. An
ex-convict turned snitch wouldn't want friends to know, and so may not
report crimes to the police and become exposed to lengthy police
interrogation. But he could be tempted to tell someone who isn't a cop --
for revenge or a confidential cash payment of up to $1,000, for example.

If the person asks for more money than you can afford or want to pay and
the information might involve a major bust in terms of rewards and fines
and forfeitures, the FBI case agent maybe able to provide government money
to pay for it. (Incidentally, this is one of the reasons why dealing with
the FBI is better than dealing with local authorities: the FBI has access
to larger bankrolls and aren't reluctant to use it or pay big rewards.)

Part of the deal with the case agent would be an understanding that the
amount borrowed is just an advance of expense money, and doesn't reduce
your negotiated reward or your share of the fines and forfeitures.

Your source of information must be kept strictly confidential because:

(a) A snitch is a valuable asset and you don't want to lose him to the FBI,
who might cut you out of that bust or future busts;

(b) Snitches expect you to keep their identity secret, top secret; and

(c) The snitch may not want to be known to the police. Police have been
known to lean on snitches, and will treat them as expendable if they lead
to bigger game. Snitches know that. That may be the reason why a potential
snitch will talk to a CrimeFighter or private investigator but not to cops.

Most snitches are either street people or active criminals. Street people
see and hear a lot of insider information and $20 to $50 is a lot of money
to them for a little bit of information. Most of the time police pay small
amounts of money from their own pockets for this information. Criminal
snitches are the ones who have been caught and flipped.  That is, they
are not charged with their crime if they cooperate and provide information
to others. Sometimes they're even allowed to stay in a criminal-related
business to maintain a cover and introduce undercover agents into the crime
ring.  That's why and how a cop can lean on them when they want to.
Generally speaking, police despise snitches and have little concern for
their safety.  Often the snitch must either cooperate or go to jail.

(CrimeFighters should refer to snitches as "Confidential Informants" or
CI's to make the name palatable to their potential sources of information.)

The idea is to know a lot of criminals, who they are, where they hang out,
and who does what. Let it be known you will pay up to $1,000 to anyone who
provides you with confidential information that leads to an arrest and
conviction. (Use Crime Stoppers' formula to calculate rewards.)

The pay for being a trainee Hunter isn't much but will give you valuable
experience and introduce you to a lot of potential CI's.

Information is valuable. A dozen or more good CI's are like money in the
bank.  It may take a few months to a few years to develop a dozen or more
of these valuable contacts.  When you do, you'll have a lot of insider
information available at all times, leading to much larger federal rewards,
and a generous share of resultant fines and forfeitures.

                               Skip Tracers

Skip tracers are mostly employed by credit collection agencies. When a
person "skips" out of town without paying bills a series of collection
letters follow in an increasing demanding tone. When letters don't get a
response skip tracers may be asked to locate the skip. When they do, a
repossession agent may be used to recover automobiles or other goods.  If
the money owed was secured by collateral creditors, they may try to
repossess the items.  Bail recovery agents are usually experienced at skip
tracing too, for a different reason: to track down people who jump bail.
CrimeFighters can use the same expertise and tricks of the trade of a skip
tracer to find and locate escaped or wanted felons who also skip town to
escape jail.

A skip tracer uses telephone directories, license plates, Department of
Motor Vehicle (DMV) files, and various trade directories.  He/she also
searches data bases with a computer, spends time on stakeouts, and does
legwork to locate the missing person.

Sometimes a skip tracer just locates the missing person or needed financial
information then turns it over to someone else to take appropriate action.
A skip tracer working with a CrimeFighter would give the information to a
CrimeFighter who would make further investigation to make an arrest, or to
use financial information to determine the amount of fines and forfeitures
to be imposed on a lawbreaker.

Becoming an experienced skip tracer will help you to find people and obtain
difficult-to-get information on criminals, including credit reports from
credit-reporting agencies to obtain names and addresses of relatives and
former addresses.  Skip tracers also check corporate and business records
to obtain other information, names and addresses of associates, and banking
information on the lawbreaker.

According to a book called "You Can Find Anyone," by Eugene Ferraro, DMV
records can be accessed to obtain name and address information, driving and
accident records (DUI convictions), mailing and residential addresses, and
a description of any vehicles registered to any one person or business. 

Massachusetts and Washington are the only two States in which DMV records
aren't available to the public.  But even if you live in one of these two
States and are working with an FBI case agent, the agent will get the info
for you if it involves a criminal investigation.

In the majority of States, CrimeFighters can set up an account with the
DMV.  When you want to access DMV files use your computer and modem.  At
the end of the month you get a bill for the number of times you have used
the service. The rates vary.

The National Crime Investigation Computer (NCIC) is maintained and operated
by the FBI.  It contains about 30 million names. Law enforcement agencies
at all levels, including local, County, State and Federal agencies, input
the information, which includes wanted persons, and stolen items of all
kinds such as vehicles, license plates, jewelry, securities, and other
articles of significant value.  The database also lists criminal histories
and missing children.  Access to this database is restricted to law
enforcement personnel.  If you're working on a case, and working with the
FBI, an agent may get that information for you.

In addition to DMV records and NCIC,  dozens of other computer databases,
including the National Consumer Credit Reporting Agencies, exist.  Just
about everyone has a credit history, and their files not only include
information about credit but about past and current employers, residences,
phone numbers, relatives, friends, associates, and other data.  Business
credit-reporting agencies, such as Dunn and Bradstreet or Poor's & Moody,
can provide personal as well as financial information about businesses and
their owners.  The name of the company's bank accounts and even their
account numbers are often listed for verification of the balance, plus
debtors and creditors of their business (more leads to follow).

Corporate records at the State Capitol are available to the public. They
can be searched to find names and addresses of directors, officers, and
(sometimes) shareholders.  Names of corporate banks are sometimes listed in
corporate records, too. That leads to the next step: banks.

Banks withhold confidential information, but skip tracers use "gags" (lies)
to obtain bank balances and other information they want. They sometimes
pose as a businessman and ask if a check issued to them by Mr. X or the XYZ
company is good for a certain amount. Other creative methods are used to
extract current addresses of bank customers by checking to verify current
addresses. A good skip tracer can wheedle information from any source by
using ingenious and clever gags. You can, too, but remember never pose as a
law enforcement agent.

If you're interested in learning more about how to be a skip tracer -- to
work as an independent agent for credit collection agencies, or as a
CrimeFighter, read one or more of the few excellent books written by
experts on that subject. (There's a few of them listed in CRIMCAT.)

If you have a computer and experience at using a modem, you have the basic
equipment to find almost anyone. Knowing how to find people who don't want
to be found or finding other information they don't want you to know is an
essential part of a skip tracer's job as well as that of a CrimeFighter.

                               The Last Word

On the last page in "The Hunter," Papa Thorson says "I would recommend to
anyone wanting to be a bounty hunter to forget about it. It's one of those
cyclical occupations that comes around every hundred years. The `Wanted:
Dead or Alive' guys served the purpose in the last century and faded.  The
cycle's about over for this century.  Maybe in another hundred years the
demand will arise for bounty hunters in space."

Comment: That may be true for bail enforcement agents, but it isn't going
to take another hundred years.  The `Wanted: Dead or Alive' guys are now
being resurrected as CrimeFighters.  Their incentives are the huge federal
rewards possible plus 50% of fines and forfeitures, and lawsuit awards.

                                Study Aids

It's not easy to obtain a job as a Hunter if you don't know what it's all
about or how to go about it. But books on the subject have been written by
a professional Hunter who has made more than 3,000 successful "captures" of
bail bond skips.  His name is Bob Burton, who has written two books:
"Bounty Hunter" and "Bail Enforcer" (both listed in CRIMCAT).  Both books
are recommended reading by prospective Bail Bond Recovery Agents.

An excellent book on what skip tracers do and how they go about it is,
"True Detectives," by William Parkhurst, Crown Publishers, This isn't a
how-to-do-it manual, but provides insight into skip tracers as people who
are sometimes used in a boiler room operation for a well-known, successful
New York private detective agency.  The book provides a different look at
real-life, professional skip tracers. (It's listed in CRIMCAT.)

Another pocketbook, "Prince of the City," by Robert Daley, is a story of
widespread corruption in New York City.  It focuses on the aftermath of a
cop who is forced to turn in his buddies. Interspersed in the story is
factual information on snitches and the role of prosecutors -- what they
can and can't do. Incidentally, this is a true story told like it happened.
It may give you some (wrong) ideas on how cops let crooks off the hook for
under-the-table payments. But if you do, the truth will out sooner or later
and you'll wind up like those New York cops: in jail!

(Concealing a crime (misprision) and blackmail are criminal offenses. Plea
bargaining and lawsuits aren't illegal. Use the law to obtain your rewards
and/or Crimefighter lawsuit awards.)

Another pocketbook, "Finder," also published by Crown, is a true story of
Marilyn Greene, a successful woman private investigator who finds missing
persons via telephone, without leaving her home, and without a computer at
the time the book was published. (It's not too difficult when you know
how.)
                                  Movies

Some movies portray Hunters. Three of them may be available at your video
rental store.  One is about Ralph ("Papa") Thorson, who is probably the
most popular bounty hunter on record. "The Hunter" is the name of the
movie.  Steve McQueen plays the role of Thorson and portrays how Papa goes
about doing his job.  The pocketbook was written by Christopher Keane and
published by Bantam Books in 1976 under the same title, from which the
movie was made. It's a true story about Papa Thorson and enlarges upon 10
histories of the 5,000-plus arrests from Thorson's files. The book is out
of print but might be found in libraries or used book stores.

Clint Eastwood plays the part of a resourceful skip tracer in "Pink
Cadillac."  Some of the hilarious gags he uses are probably close to those
actually used to obtain information.  View this one and you'll have a
pretty good idea of the skip tracer does.

The third movie is "Midnight Run," starring DeNiro. Bob Burton, who was
kind enough to review this chapter, called it "the most recent and fairly
realistic."

Movies show a lot of tire screeching, fender-bending, high-speed chases,
and shooting from moving vehicles on city streets --all of which are
forbidden by law and common sense. They make better movies than the actual
dry and often humdrum facts.  After reading the chapters on illegal wire
taps and police rules and regulations on high-speed chases, you'll realize
that almost all "Cops and Robbers" movies bend the truth and liberally
exaggerate the facts.  Don't use movies or TV shows as a guide on how to
behave as a bounty hunter or CrimeFighter.

A new video called "Wanted... Bounty Hunter", ($29.95) shows how Gary
Stafford, a ten-year veteran bounty hunter, uses his proven techniques and
skills to hunt down and arrest fugitives. (It's listed in CRIMCAT.)

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