There are two types of body armor – soft body armor, which is used in regular bullet and stab proof vests, and hard armor, which is rigid, reinforced body armor, and is used in high risk situations by police tactical units and combat soldiers.

A piece of body armor will traditionally be made up of two sections – the outer carrier, and the soft armor inner protective panels. It is important to remember that a carrier without any type of protective panels contained within it will not provide any protection against ballistic, stab or spike attacks.

The outer carrier can be made from a range of materials, and can be available in a range of colors, depending on the users requirements. The soft armor protective panels that are placed within the carrier will provide the protection offered by the body armor, and are normally light weight and flexible. These protective panels are available in a range of levels, and can be designed to defeat a variety of threats.

When a higher level of protection is required then hard armor can also be used in addition to the normal soft armor panels. Hard armor is available in a range of sizes, and can be worn in front of soft armor in specially made pockets on the outer carrier, or in separate hard armor carriers.

A Brief History Of Body Armor

There have been many different forms of body armor in use throughout history. The ancient Greeks used body armor to protect their soldiers, as did the Roman Legions, with examples of their body armor being found that date back to as early as 1400 BC. Around the year 500 BC chain-mail body armor was invented, which provided the wearer with a higher level of protection against attack than previous types of body armor. Made from thousands of iron rings that were linked together, it created a flexible, mesh like barrier that provided a high level of protection against weapons such as spears and swords. It was highly effective against the weapons of the era, but over time chain-mail was improved by adding metal armor plates to provide a higher level of protection for vulnerable parts of the body. Gradually these pieces of plate armor became bigger and more effective, and eventually replaced chain-mail as the main type of body armor that was used by armies around the world.

The introduction of firearms led to developments in the production of body armor, as plate armor was ineffective against high velocity projectiles. This led to the development of heavy duty types of plate armor, which provided a higher level of protection for the wearer, but was also heavier and more restrictive than earlier types of body armor The use of plate armor declined during the 18^th century, as the development in firearms again meant that only the most expensive and heavy types of body armor could provide reliable protection against them. However during the early 20^th century some types of plate armor became popular again with many countries, especially as it proved effective at stopping pieces of shrapnel that often proved deadly on the battlefield. Several countries used different forms of plate armor in both World War I and II, and traditional types of plate armor were worn by U.S. Foot soldiers as late as the Korean and Vietnamese wars.

The biggest development for body armor was in the late 1960′s, when DuPont™ began development of their para-aramid fiber Kevlar®. Lightweight and incredibly strong, Kevlar® allowed manufacturers to develop personal types of body armor that could be worn comfortably for long periods of time, and that also provided protection that could not be matched by any previous forms of body armor Over time other companies also developed their own types of body armor using a variety of revolutionary materials, meaning that body armor become both widely available and also affordable for the first time in history.

Body armor was traditionally used to protect soldiers and military personnel, however the last 25 years has seen an increase in the use of body armor to provide protection for police officers, security guards, door supervisors, ship crew and many others. The increase in gun and knife crime around the world means the use of body armor is now essential in many industries, and rapid developments in body armor means it can now provide a high level of protection against a broad range of day to day threats.

The introduction of lightweight personal body armor means that it’s now commonplace in many industries that previously would not have used body armor For example the increase in sea piracy has led to many shipping companies purchasing pieces of body armor for their crew members, in an effort to provide them with protection against the increased threats that they now face.

Body Armor Designs

Bullet and stab proof vests are generally made to be either covert or overt. A covert bullet proof vest is designed to be worn under clothes, and will often come in light colors They are normally thinner than overt types of bullet proof vests, as they are designed to be invisible when worn under clothes. Overt designs of bullet proof vests are made to be worn over clothes, and are normally produced in dark colors Generally they are made from rugged, hard wearing materials, and will often feature pockets and straps that can be used by the wearer.

It should also be noted that some bullet proof vests can be worn under or over clothes, these are known as covert / overt vests.

The vest carriers of bullet proof vests are designed in a wide range of styles, and are often customized for different uses. For example ambulance staff will have body armor in high visibility covers, and military personnel will have additional neck, groin and arm protection attached to their bullet proof vests. The broad range of covers and accessories available means bullet proof vests can be designed to almost any specification required.

Protection Levels

The protection standards used for body armor will vary from country to country, with many having their own specific tests and standards. However the tests performed by the American NIJ (National Institute of Justice) and the UK HOSDB (Home Office Scientific Development Branch) are considered to be the model standards for body armor around the world, and most countries will recognize the protection levels offered by a piece of body armor that is certified by either of these agencies.

The NIJ are considered to be the industry leaders in ballistic testing methods for body armor, and the HOSDB’s stab and spike tests are thought to be the worlds best. The NIJ and the HOSDB work in conjunction with each other on their testing methods, and a piece of body armor that passes NIJ standards will also pass the equivalent HOSDB standard.

Body armor is designed to protect against 3 broad types of threats – bullet, stab and spike. The protection offered by a piece of body armor will depend on how it is designed. For example some pieces of body armor will provide protection from just ballistic threats, while others will provide protection against bullet and stab attacks, or even bullet, stab and spike based threats.

Each piece of body armor will be clearly labeled with the protection that it provides. The higher the number on the protection, the higher the level of protection it will offer. For example a bullet proof vest that has NIJ Level IIIa protection will provide a higher level of protection than a bullet proof vest with NIJ Level II protection . Please see our protection levels section for more details.

Body Armor Sizing

Body armor comes in a full range of sizes, from small to 5XL. The larger the size, the wider the protective panels of the bullet proof vest will be. Body armor is also designed in different lengths – short, regular and long. A normal piece of body armor is designed to protect only the wearers vital organs, and should reach to the navel area. We recommend that anyone under 5’5 orders a short vest, between 5’6 and 5’11 a regular length vest, and over 6′ a long vest.

Body armor is made in the same way as normal clothing when it comes to sizing. For example a 5’10 man with a 38-40 inch chest and 32-34 inch waist will wear a medium t-shirt, and also a medium, regular length bullet proof vest.

How Does Body Armor Work?

Bullet proof vests

Bullet proof vests are designed to stop a bullet from penetrating them and causing harm to the wearer. They are made up a many layers of incredibly strong fibers, which when hit act as a net that essentially catches the bullet, and prevents it from traveling any further. Each layer twists as the bullet passes through, creating a stronger barrier and slowing the bullet until it comes to a complete stop. This process deforms the bullet, flattening it into a dish shape, and the force of the impact is spread over a large portion of the bullet proof vest.

Obviously the impact of a bullet is massive, and while the bullet proof vest will stop the penetration of the bullet, both the bullet proof vest and the wearer will still absorb the bullets energy. The impact of the bullet may be enough to cause what is known as “blunt force trauma” to the wearer at the impact point. As a bullet proof vest is not solid the bullet will not instantly be stopped by it, it will travel through the vest but not actually penetrate it completely. This means the wearer will still feel the impact of the bullet on their body, and while the blunt force trauma of the bullet will undoubtedly be painful, it should also not be life threatening

Bullet proof vests come in several levels of protection, and are designed to resist most common law and medium energy handgun rounds. If the wearer requires protection against rifle rounds then rigid, hard armor can also be used in conjunction with their bullet proof vest. Hard armor is generally made from ceramics, metal or a combination of both, and are worn in front of the panels on the bullet proof vest. However these plates tend to be heavy and bulky, and so they are generally used only when required in high risk situations.

It is very important to remember that a bullet proof vest is only bullet proof when it contains ballistic panels. A bullet proof vest without ballistic panels is simply a vest, the outer vest cover does not provide any ballistic protection on its own.

The ballistic panels themselves are made in different ways, depending on the individual manufacturer. Some may use a single type of material such as DuPont™ Kevlar®, whilst others may use multiple materials in their construction. The more protection a bullet proof vest offers, the more it will weigh. This is because it will contain more layers of protective material, and some manufacturers will add layers of non-ballistic materials in order to provide additional blunt trauma protection. Because of the different methods of construction used by different manufacturers it is impossible to compare individual ballistic plates, however it is important to note that whilst they may be constructed differently, they all need to pass the same safety checks before they can be sold.

Stab and spike proof vests

A traditional bullet proof vest will provide little to no resistance to an attack from a knife or stabbing instrument, as the fibers that are designed to “catch” the bullet can not disperse the energy of a concentrated stab or spike attack.

Stab and spike proof vests are constructed differently to bullet proof vests, in order to offer resistance to these types of attack. A knife tip will penetrate fabric, which then allows the rest of the cutting surface to rip through the material. A pointed weapon, such as a needle or syringe, will not actually damage the material, rather the point will push through the weave of the fabric and allow the rest of it to follow.

Stab and spike proof vests are made up of materials with a very tight laminated weave, as this prevents threats from piercing the fabric and causing damage. Stab and spike proof vests can be made from tightly woven, heavy duty nylon, however recent trends have led to an increase in multi-threat Kevlar® vests, which offer protection from bullet and stab threats, whilst others offer bullet, stab and spike protection.

It is important to note that not every stab resistant vest will also offer spike protection. If you are going to face spike based threats please ensure you select a vest with additional spike protection.

Body Armor User Guide

What your body armor is NOT

Please be aware that body armor is NOT designed to provide 100% protection against every conceivable threat. Your body armor will provide protection up to its stated levels, so always ensure that you have the correct level of protection for the threats you could face.

Body Armor Maintenance

Cleaning

Body armor should be cleaned straight after wearing using a weak liquid detergent and warm water. Sponge the vest cover, do not immerse the vest in water as this could damage the panels. Do not dry in direct sunlight.

Storage

Body armor should be stored flat when not in use . This will stop creases and wrinkles forming in the ballistic materials.

Washing

Do not wash the Kevlar® inserts, as this could cause damage to the ballistic fibers If required they can be lightly sponged with warm, soapy water. The covers are made from various materials and the washing instructions should be followed.

Damage

Body armor should be visually inspected for damage or excessive wear every time it is worn. Never wear body armor that is damaged in anyway.

Inserting Protective Panels

Bullet, stab and spike proof vests are designed to be worn in a specific direction. It is important that you ensure the ballistic panels within your vest carrier are facing the correct direction at all times. When a bullet strikes a bullet proof vest its impact is absorbed by the many layers of fabric within 3 nanoseconds, caught, and prevented from passing through the vest itself. However this method of stopping a bullet is directional, which means that it works only when the panels are facing in the correct direction. If the panel is facing the wrong way then the web of fibers becomes practically useless, and leaves the wearer open to serious threat.

The same applies to stab and spike proof vests. If the protective panel is facing the wrong way it becomes easier for pointed objects to pass through, as they are not designed to protect against threats from that direction.

All protective panels are clearly marked with the direction they are intended to be worn, and it is important that the wearer ensures they are aware of this at all times. If you remove your vests panels in order to wash the outer carrier then always pay attention when putting the vest back together, and ensure that when the panels are reinserted they are facing the correct direction.

Adjustment

Most bullet proof vests are adjustable at the waist in order to provide the wearer with a well fitted, comfortable vest. Armour should not be worn too tightly as this may increase body heat and restrict movement.

Effects of water and sweat on body armor

The armor we sell is made from aramid fibers and these will lose some of their protective properties if they are totally immersed in water for a long period of time, however this will only be temporary until the armor has dried out. Our body armor will not be affected by rain or sweat.

This article was provided courtesy of SafeGuard ARMOR™. SafeGuard ARMOR™ has been operating for 25 years, selling our body armor to thousands of individuals and companies across the world. Started in 1986, we have grown from a small operation selling bullet proof vests to local companies, to the worldwide leader in body armor. We now manufacture our body armor in the U.S. and Europe, and have multiple distribution points around the world.

SafeGuard ARMOR™ LLC
1925 Timberline Road N19
Fort Collins, CO 80525
(970) 626-6038
info@safeguardarmor.com
http://safeguardarmor.com

Here is some video of a fugitive recovery team from Detroit in a “Day in the life of…” news format. In spite of Duane “Dog” Chapman, how do you feel this particular news story portrays the current state of the bail enforcement profession?

I personally liked the fact that one investigator stressed safety and respect for those that they encounter but we found comments criticizing the report, too. Many professionals rail against the term “Bounty Hunter” these days and I can see that the agents’ use of the term “Search Warrant” when announcing their presence is a “no-no” because they might be giving the occupants inside the building the impression that they are law enforcement officers.

Good press or bad press? Watch the video and weigh in on this in the comments section below!

The U.S. Secret Service, backed up by three studies over a period of 15 years and published in the FBI Law Enforcement Bulletin (3/06), indentified the following visual cues indicating a person may be carrying a concealed weapon:

Behavioral Traits

In all three aforementioned studies, none of the criminal offenders interviewed used a holster and male offenders reported regularly carrying handguns in the middle torso area; more specifically they tended to tuck the firearm into their right front waistband, between their navel and hip, in order maintain the gun’s accessibility.  One researcher noted that, “They see guns put there in the movies, it’s ‘cool,’ and they can easily show their buddies or enemies that they’re armed.”  One city law enforcement agency conducting their own study noted that of the 1,301 guns confiscated from suspects, only seven of them were wearing holsters.  The second most common hiding place is the small of the back – but it is a distant second place.

Concealed firearms tend to be carried on the person’s “strong side,” which is to say on the same side as their dominant hand.  Is the subject left-handed or right-handed?  Typically, wristwatches are worn on the weak arm and, generally, people use their strong hand for most actions like lighting cigarettes, shoving someone, holding or moving objects, etc.  Even in the absence of confirming visual clues, you can count on approximately 85% of the people in the world being right handed.  Knowing a person’s strong side gives the observer a better chance of locating a hidden gun quickly.

Walking with a concealed, unholstered handgun requires subjects to occasionally touch their firearms to prevent the gun from moving or to adjust the weapon after it moves.  This movement is often referred to by law enforcement instructors as the “security feel” and becomes most notable whenever individuals change body positions, such as standing, sitting, or exiting a car because the unholstered gun tends to shift, causing the subject to adjust or reposition the weapon to the preferred position.  When a subject runs, their actions may appear more pronounced; constantly gripping the handgun to maintain control.

An academy instructor for the U.S. Secret Service uniformed division recently shared the following tip online, “Closely related to the security feel is what I call ‘protective body movement.’ This is particularly noticeable when an armed subject is running or moving abruptly; he holds his arm against the concealed weapon, either stiffly or with a very restrained swing. Even if the suspect is just walking, you may see that he takes a full stride with his opposite-side foot but the gun-side stride will be shorter, almost like a limp in some cases because he’s trying to clamp the gun in place and minimize its slipping or its risk of falling out. The arm may also come in against the gun as a protective movement when people start getting close to the suspect.”

“Watch females who are with bikers and other street gangs,” one police officer cautioned, “many times they carry for the male members, capitalizing on the fact that too many people tend to dismiss females as a threat.”

The studies also concluded that “the majority of female offenders who carried their own weapon preferred small-framed revolvers or automatic pistols. Their preferred place of concealment was in a pocket of their outer clothing, with quick retrieval as their primary concern. Females often carried a weapon for a male companion prior to or after criminal activity. But, interestingly, no female offender reported giving her weapon to anyone to carry for her.”

Basic law enforcement training teaches officers to keep their gun-side away from individuals during street contacts or interviews.  It is widely accepted that armed criminals do the same in encounters with law enforcement professionals to ensure concealment and easy access to their firearms.  As one offender in the study noted, “If they’re on that side of me, they can’t see it. I can also get to it quicker if I need to. Because they can’t see what I’m reaching for, I get that extra second.”

Additional physical behaviors may include “palming,” which is most often observed in subjects concealing edged weapons but occasionally seen with gun wielders, too.  The knife holder may run the blade of the weapon up along the arm or behind the leg to conceal it from frontal view. Just before a target is attacked, an attacker will also typically have his or her eyes fixed on the intended victim.  Palming behaviors often indicate imminent risk to the recovery agent!

I remember one situation in particular when I found a gun in the coat pocket of a fugitive I was chasing through a house that I distinctly heard the sound of the gun hitting a door frame and then coming to rest on a countertop when I had him leaned forward and placing him in handcuffs.  It was obvious by the heavy, solid thud that there was a large metal object in his pocket.

Clothing Indicators

The most obvious giveaway is the telltale bulges in a subject’s clothing.  A gun is not flexible and doesn’t conform well to the shape of the human body, so it may reveal itself in the form of a protrusion.  While the entire firearm may not be outlined, tight clothing may reveal bumps that relate to a hammer, grip or muzzle.  This distortion of the subject’s silhouette is often referred to as “patterning” or “imprinting.”  When trying to conceal a shotgun, rifle or submachine gun under a coat while walking, the butt of the weapon will often cause a noticeable bulge behind the armpit. Additionally, the jacket does not move naturally because it is supported by the outline of the weapon.  When someone wears a shoulder holster or straps on a sawed-off rifle, shotgun or submachine gun under his or her arm, a bulge in front of or behind the armpit will often be visible.

Specific observations regarding a person’s attire may indicate that the individual is armed.  These may include, but are not limited to, what individuals are wearing during various weather conditions, as well as accessory items and unconventional weapons designed and manufactured for concealment that they may carry. Clothing concealment techniques are used by people to hide firearms and other weapon; for example, an un-tucked shirt or buttoned sports jacket are two examples of techniques used to conceal dangerous objects with clothing.  These characteristics may not always be obvious though as casual dress with un-tucked shirts is quite common.  Even though an un-tucked shirt may hide a firearm, in and of itself, it is not a good indicator.  An investigator must judge the concealment characteristics in the context of the environment they are in. With clothing, visual screener need only simply ask, “Does what I see match the surroundings?”

Warm Weather Conditions

Is the individual dressed inappropriately for existing weather and temperature conditions?  A person who attempts to conceal a weapon may wear or carry additional clothing other than that which is required or appropriate considering the outside temperature and humidity.  This suspicious behavior is particularly observable in warm weather.  Why would an individual wear a jacket, sweatshirt, sweater, raincoat, or overcoat on a bright sunny day when others are dressed in short-sleeved shirts?  Is the individual wearing multilayered clothing, such as two shirts or a pair of sweatpants over a pair of jeans, on a hot day?  Similarly, why does a man wearing a shirt and tie, suit pants, and dress shoes have his shirttail hanging out?  Less obvious are individuals in casual attire with their shirttails outside their pants.  Such inappropriate apparel can cover areas of the body where criminals frequently conceal firearms.

Obviously, it is easier visually detect firearms on individuals dressed appropriately for warm weather.  At-risk individuals should look for unnatural protrusions or bulges in the waist, back, and crotch areas and watch for less conspicuous cues, such as shirts that appear rippled or wavy on one side of the body while the fabric on the other side appears smooth.  Many offenders in the three studies revealed that they purposely transported weapons in their crotch areas as much for concealment as the reluctance of officers to thoroughly search this location.

Cold and Inclement Weather Conditions

Are individuals with a coat, raincoat, or jacket draped over their arms unnecessarily exposing themselves to the elements?  What about those wearing a hooded jacket or coat in the rain or snow without the hood covering the head?  One offender stated that he had several friends who carried firearms in their jacket hoods. Does a loose-hanging hood seem weighted down, causing the drawstring to pucker?  Also, in periods of extremely cold weather, why would people not button or zip up their jackets or heavy coats?  Could it be that they want quick access to a firearm?

When individuals have on jackets and coats, are these pieces of clothing visibly weighted to one side, giving the appearance of an unusually heavy object in the pocket?  Normally, personal items such as wallets, keys, and cell phones do not weigh enough to cause a pocket to hang substantially lower than the one on the opposite side– but large caliber guns favored by street thugs typically do.  When the subject walks or runs, does his coat or jacket bounce off his leg as if something heavy is in the pocket?

Accessories and Other Items Carried

In cold weather conditions, individuals may have a hand warmer attached to their clothing or person in some manner.  If these people appear to have been outside for some time, why are their hands not inside the device?  If they have gloves on, why do they need the hand warmer?  Does it exhibit ripples or waves in the fabric, giving the appearance of containing a heavy object?

What about individuals carrying such items as purses, knapsacks, fanny packs, soft briefcases, gym bags, folded-over newspapers, or paper bags that appear out of place?  Do these articles display a protrusion?  Is the outline of the frame of a handgun or a partial contour, such as the barrel or butt, visible?  If a subject seems to have a wallet in his pocket but is wearing a fanny pack, then what’s in the fanny pack?  Does it appear weighted with a heavy object?  Most types of fanny packs can conceal a handgun and many are purposes-built with a draw string or other quick-release closure method added for rapid access to a handgun.

One of the most important concepts of visual weapons screening is behavior clusters; the totality of circumstances will dictate the degree of likelihood of an individual being armed. When evaluating any individual for the possibility of a concealed firearm it is important to take into account their behavior “in context” as well!  Wearing inappropriate clothing could be completely explainable, depending on the circumstances and surroundings. For example, a traveler who just arrived from a colder climate may have on an overcoat on a warm sunny day.  Perhaps, the person has to carry luggage, making it necessary to temporarily wear the coat.  This individual may be near an airport, train terminal, bus station, or subway or in the process of hailing a taxicab.  Under these circumstances, the observation of inappropriate clothing for existing weather conditions probably would not constitute a clear indicator that the person may be concealing a firearm because such behavior could be completely understandable.  Alert investigators, however, may use these indicators as a reason to take a second, closer look and notice a slight bulge or protrusion or other physical behavior trait that confirms their suspicions.

Unconventional Firearms and Disguised Weapons

Fugitive recovery agents need to remain vigilant for a separate class of firearms designed for concealment. Generally constructed without sights, these weapons, referred to as “belly guns,” usually are inaccurate unless fired at a very close range. Manufacturers also have produced handguns and other weapons intentionally disguised as other objects, including pens, pagers, cell phones, belt buckles, and wallets. Thugs have related that they possessed such weapons to use against anyone who may overlook them during arrest or transport situations. The use of a hand-held magnetometer can assist in detecting these types of handguns and other potentially dangerous metal instruments, such as knives and razors.

Click here for a disguised weapons manual circulated among law enforcement professionals.

Click here for a second guide to additional unconventional hidden and concealed weapons.

Click here for real guns disguised as toys.

Studies indicate that there is no reliable profile of the people who carry and use weapons unlawfully; they are white, Latino, Asian every other race and ethnicity. They are male or female. They wear expensive clothing, including tailored suits, and they are from all socioeconomic classes. It is paramount that all subjects under your control, including those of the opposite sex, be searched for concealed weapons using optimum frisking and location techniques. Recovery agents must remain vigilant and constantly remind themselves that a recovery of a weapon from a suspect should never prohibit the continued search of the subject for additional weapons.

Use these tell-tales as a way to make you conscious of your own actions while wearing a concealed weapon as well.  Many investigators who I know carry concealed firearms tend to share many of the same habits, behavior traits and modes of dress discussed in this article. To a knowing individual, you may unconsciously telegraph your armed status in situations where it is best that the presence of a weapon remain concealed such as in an undercover workplace investigation or while conducting field interviews under some pretext.

Knowledge, awareness, clear thinking, and finely honed skills of observation may give investigators an advantage when confronting bail fugitives or their accomplices who may display the specific and unique signals indicating the presence of a firearm or other concealed weapon.  However, the absence of such traits and characteristics should never mean that a bail agent should let his or her guard down while in the presence of the fugitive and his or her associates.  At the end of the day, we all want to go home safely.

Be careful out there.

This article was written by L. Scott Harrell and is posted courtesy IRBseach, LLC.

IRBsearch offers The Most information, The Best data sources, and The Fastest delivery for locating people, businesses, and their assets. With one click you can search billions of records in just a fraction of a second.

Access to professional databases, then and now, unquestionably give investigators the opportunity to make more money- even if you are one of those complaining about the cost. (You should have been around when the database companies charged you by the record and the time you were connected to their server! I have it on very good authority, that if it had been a slow month they would throttle back the connection speed to that they could charge more money for the time their clients were connected.) Taking 15 years of inflation and economic adjustments into account, a “comprehensive report” could cost as much as $45 in today’s currency.  Eventually, these commercial database providers evolved and acquired staggering amounts of data and technology made the data cheaper to serve then faster to sort through and obtain, which also made data more affordable.

What I didn’t immediately recognize back then was the legal minefields these databases would eventually become…

The days when just about anyone could gain access to data and pull information on friends, relatives, enemies and “lost loves” out of mere curiosity and a touch of voyeurism were short lived!  This fast and unfettered access to shocking amounts of “private information” horrified an unaware American public in a series of highly publicized stories of major data breeches, murders and an alarming rise in identity theft, which were all being connected in one way or another to professional information brokers.  This sudden awakening also gave rise to a new breed of political crusader; the privacy zealots were born.  It wasn’t long before these neo-politicos would begin to curry favor with their constituents by changing existing laws and producing new laws in an effort to protect consumer privacy.  Thankfully, the database and information brokers did form a trade group, Individual Reference Services Group (IRSG), and made earnest attempts to police themselves through what was coined the “IRSG Principles” whose aim was to educate their clients about the use of reference data, improve data quality, limit access to non-public data, improve security of sensitive data and to promote consumer choice in the marketplace.  While the effort was a little too late in coming and the IRSG eventually disbanded, these early attempts at preserving the professional investigator’s access to restricted information paid off.

The Fair Credit Reporting Act (FCRA) was originally enacted in 1970 in an effort to address a growing credit reporting industry in the United States that collected and sold “consumer credit reports” and “investigative consumer reports.”  It was the first official act of Congress to define and place access/use restrictions on “non-public personal information.” Sweeping and substantial amendments to the FCRA were made in the Consumer Credit Reporting Reform Act of 1996 that further limited access to information contained in a consumer credit report through a set of “permissible purposes” that were loosely based upon the IRSG principles of access and would later be adopted by the Drivers Privacy Protection Act (DPPA) and the GLBA.  The FCRA also more narrowly defined how non-public personal information could be used and what disclosures had to be made when adverse information was used to make credit or employment decisions deemed unfavorable to the consumer.  While the FCRA did have a widespread effect on access to restricted data, it had the most chilling effect on private investigators and agencies that were in the business of pre-employment background screening. Background screening and FCRA compliance is a topic best served under a separate title.

The DPPA was passed as an amendment to the “Violent Crime Control and Law Enforcement Act of 1994” in reaction to a series of abuses of information contained in State motor vehicle registration and driver’s license databases.  The murder of actress Rebecca Schaeffer in 1989 was paraded as one example of such an egregious misuse of this information. In that instance, a private investigator obtained Rebecca Schaeffer’s address through her California motor vehicle record and sold it to an obsessed fan who used that information to eventually stalk and kill the actress.  The act was amended again in 2000 to provide for even stricter privacy protocols; it more narrowly defined the available permissible purposes used to gain protected records and gave individual states increased power to enact broader protections than those authored by Congress in the DPPA.

A little over 10 years ago Congress also enacted the Gramm-Leach-Bliley Financial Modernization Act of 1999 (GLBA) “to enhance competition in the financial services industry by providing a prudential framework for the affiliation of banks, securities firms, and other financial service providers, and for other purposes.”  These other purposes would famously include comprehensive privacy protection and access restrictions to non-public personal information derived from data obtained, developed and shared by financial institutions.

In the Electronic Privacy Information Center (EPIC) article, “Victoria’s Secret and Financial Privacy,” the author wrote, “Outside the Beltway, it is not well known that a Victoria’s Secret catalog is one of the key reasons that Congress included privacy protections for financial information when passing the Gramm-Leach-Bliley Act (GLBA). The GLBA sought to “modernize” financial services- that is, end regulations that prevented the merger of banks, stock brokerage companies, and insurance companies. The removal of these regulations raised significant risks that these new financial institutions would have access to an incredible amount of personal information, with no restrictions upon its use…”

“In a session where House Commerce Committee Members “marked up” a draft version of the GLBA, Representative Ed Markey (D-MA) introduced an amendment that would add privacy protections. The Markey Amendment was strongly opposed by the banking industry. It added “Title V” to the Act, giving individuals notice and an ability to control some information sharing…” and “Prospects for privacy protection remained dim despite a series of testimonials by Members who recounted their experiences of having their Social Security Numbers and financial information sold…”

However, critical support for the Title V Amendment came from Representative Joe Barton, a conservative Republican and privacy advocate from Texas, who was outraged and embarrassed that he started receiving Victoria’s Secrets catalogs at his Washington, D.C. residence- the address to which he had only given to his Credit Union.

The article went on to say that, “Barton expressed concern that his credit union had sold his address to Victoria’s Secret. Representative Barton noted that he started receiving Victoria’s Secret catalogs at his Washington home. This was troubling- he didn’t want his wife thinking that he bought lingerie for women in Washington, or that he spent his time browsing through such material.”

On the heels of that experience, Barton supported prohibiting financial institutions from selling their customer’s personal information.  The GLBA, with the newly appended “Title V Privacy” amendment, was then approved by Congress.  It should also be noted that Barton’s ex-wife went on to become a victim of identity theft as well and he has used these issues to further identity theft and personal information privacy legislation.

Thus protecting the privacy of consumer information held by “financial institutions” became the heart of the financial privacy provisions of the Gramm-Leach-Bliley Financial Modernization Act of 1999 and there are essentially three principal parts of Title V, the privacy provision in the GLBA: the Financial Privacy Rule, Safeguards Rule and pretexting provisions.  The Financial Privacy Rule regulates the collection and disclosure of customers’ personal financial information by financial institutions. It also applies to companies, whether or not they are financial institutions, who receive such information.  The Safeguards Rule requires all financial institutions to create and deploy safeguards to protect customer information. The Safeguards Rule applies not only to financial institutions that collect information from their own customers, but also to financial institutions “such as credit reporting agencies” that receive customer information from other financial institutions.  Subtitle B of the GLBA titled “Fraudulent Access to Financial Information,” prohibits the practice commonly referred to by private investigators as “Pretexting” in order to obtain personal financial information.  It is important to note that this law also makes soliciting of others to engage in pretexting a crime as well.  In several (very well-publicized) instances the Federal Trade Commission has brought cases against information brokers who engaged in obtaining protected information under false pretense.

So what does the GLBA really mean to the professional investigator as it relates to gaining access to sensitive, non-public personal information on subject’s whom they may be investigating?

Statistically speaking only 458 words out of the over 60,000 words in the GLBA apply to professional database providers and their clients. If an investigator has in the past several years attempted to gain access to GLBA protected data from a professional provider these words should be very familiar as they form the basis of the general exceptions under which non-public personal information can be disclosed to our clients:

++++++++++++++++++++++++++++++++++++++++

TITLE V – PRIVACY

Subtitle A – Disclosure of Nonpublic Personal Information

SEC. 502. OBLIGATIONS WITH RESPECT TO DISCLOSURES OF PERSONAL INFORMATION.

Subsection (e):

GENERAL EXCEPTIONS. – Subsections (a) and (b) shall not prohibit the disclosure of nonpublic personal information-

(1) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with-
(A) servicing or processing a financial product or service requested or authorized by the consumer;
(B) maintaining or servicing the consumer’s account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity; or
(C) a proposed or actual securitization, secondary market sale (including sales of servicing rights), or similar transaction related to a transaction of the consumer;

(2) with the consent or at the direction of the consumer;

(3) (A) to protect the confidentiality or security of the financial institution’s records pertaining to the consumer, the service or product, or the transaction therein;
(B) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability;
(C) for required institutional risk control, or for resolving customer disputes or inquiries;
(D) to persons holding a legal or beneficial interest relating to the consumer; or
(E) to persons acting in a fiduciary or representative capacity on behalf of the consumer;

(4) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institution’s compliance with industry standards, and the institution’s attorneys, accountants, and auditors;

(5) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978, to law enforcement agencies (including a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, United States Code, and chapter 2 of title I of Public Law 91–508 (12 U.S.C. 1951–1959), a State insurance authority, or the Federal Trade Commission), self-regulatory organizations, or for an investigation on a matter related to public safety;

(6) (A) to a consumer reporting agency in accordance with the Fair Credit Reporting Act, or
(B) from a consumer report reported by a consumer reporting agency;

(7) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or

(8) to comply with Federal, State, or local laws, rules, and other applicable legal requirements; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law.

++++++++++++++++++++++++++++++++++++++++

Generally speaking, private investigators should really be more concerned about running afoul of individual state privacy breach laws that have far-reaching civil and criminal implications.  Data breach laws are vastly different from state to state and some have provisions in them allowing state agencies to pursue enforcement actions against violators located well beyond state lines.

This new reality means that someone with access to GLBA protected data has to be extremely careful when considering whether or not they really have a “permissible purpose.” In an age when information returned in database searches are most probably obtained from sources outside of the state in which the investigator is conducting his or her investigation, it is entirely possible to run afoul of several state data breach laws if not extremely careful.  For example, did you know that it is against North Carolina data breach laws to even speak about protected, personally identifiable information with someone who is not authorized to be in possession of that data?

Generally, the GLBA affects professional investigators in the following three ways:

1.  The GLBA reaffirms, reinforces and then expands upon the FCRA’s definition of “non-public personal information;” most importantly, the GLBA limits access to credit headers because they are a part of the consumer credit report, which is information developed by financial institutions. Credit header information forms the basis of almost all of the information contained in “people search” products and is the foundation upon which all “comprehensive report” database products are built!

Information in the header, or top most portion, of the consumer credit report was once not considered to be derived from financial information because it did not include banking information, credit accounts or financial profiles, per se. The credit header only contained personal identifier information, (name, aliases, date of birth and social security number) current reported address and a list of previously reported addresses. That changed in 2002 when the Court of Appeals for the District of Columbia affirmed rulings in TransUnion v. FTC, No. 01-5202 (D.C. Cir. 2002) and in IRSG v. FTC, 145 F. Supp. 2d 6, No. 00-1828 (D.D.C. 2001) when both TransUnion, one of the top three consumer reporting agencies, and the IRSG were both unsuccessful in lawsuits against the FTC that were filed in their efforts to overturn GLBA privacy regulations and to have certain data (i.e. credit header information) excluded from the Financial Privacy Rule and the Safeguards Rule specifically.

2.  The GLBA requires those who possess GLBA-protected data to secure and prevent the unauthorized distribution of that data unless the intended receiver is also permitted by exception under the GLBA.

3. The GLBA provides severe civil penalties for unauthorized access to data (a data breach) and those who access the information in contravention of the GLBA.  States also have the power to provide for broader protection of non-public private information and to further define what constitutes a data breach and the “reasonable risk of harm” to their citizens.

Why is GLBA compliant data more expensive to obtain than non-GLB compliant data?

It’s better. Plain and simple- you get what you pay for.  The difference between the investigator barely making it and the one who is successful in his or her own business comes down to the quality of their tools.  The investigator using the $.50 “people search” or the $1.00 “criminal history search” is using the same information being marketed and sold to the average consumer.  I have never purchased data at cut rate prices and not expected to get stale, outdated data.  It is more expensive for the top-tier, professional data provider to obtain fresh updates to the information I need and I understand that.  Using data sourced from a professional provider, I can find the lead that will close those cases that others cannot.

I also want access to non-traditional sources of information.  Professional database companies are actively out looking for data from other “buckets of information” in order to be the best database provider in the industry.  This creatively sourced data is usually only available to companies with the financial capital to afford it.

Ultimately, I want access to billions of records updated everyday… not hundreds of thousands updated once a year and only the top-tier companies can manage that- they also happen to be GLBA compliant.

Database providers have become the convenient, if not vogue, coat hook on which the privacy hawks have hung their hats lately.  It will not be long before they begin to target the consumers of that data as well.  So, the bottom line for me is this:  I choose professional, top-tier GLBA data providers because…

1.  I have a PI license.  I had to go through a great deal of effort and expense to get and keep that license and it is valuable to me.  I want access to information not available to the public and I want to do a better job than my competition.  There are permissible purposes that allow me, as an investigative professional, access to non-public personal information and I understand that I will have to prove that I run a legitimate company, which will mean extra paperwork and time getting properly vetted before being approved for access.  I don’t want to do business with a company that is double-dealing while trying to compete with me by playing both the “business to business market” (me) and the “business to consumer market” (John Q. Public) at the same time.

2.  I need to know where my data comes from, where it was sourced and when it was last updated.  If (when) I am called to court to justify the findings of my investigation, I expect that the foundation upon which I built my investigation is solid. An established professional database provider knows where, when and how his or her data is sourced and takes steps to make sure that it is not collected or shared contrary to the law.  Cut-rate providers don’t usually know exactly where their records are sourced- are they GLB-protected or not? I NEED to know in order to stay out of trouble.  Who will be there to stand behind their data if called upon to do so?  I want to know more about where my data comes from, too, and a professional is not afraid to share that information.

3.  Professional database providers take the time and effort to train me to be a better investigator and how best to use their product and gain maximum advantage over non-clients, while potentially saving some money on my monthly search bill.  I respect the professional database provider that will tell me that his or her product is not the same as other database providers and helps me understand the strengths and weaknesses of each so that I can use the right tool for the job.  My database providers of choice each regularly tell me that I need to subscribe to multiple sources of information.

4.  I am not an expert on the GLBA, FCRA, DPPA, FDCPA, HIPPA, the Identity Theft Act of 2004 or the data breach laws of 50 individual states; when I have compliance questions I can call someone who understands complex compliance issues.  Professional database companies spend a great deal of time and money to educate their clients.  I expect that level of quality customer service and that if I use their service as prescribed that I will not get into trouble.

5.  Professional database companies materially support the investigation industry.  National and State industry associations do very important work and need the financial support of sponsors.  Database providers contribute to important causes and fund the ongoing fight to preserve my access to the information vital to the success of my business.  I will support those who support me.

He tells the rancher, “I need to search your ranch for a bail jumper I believe is hiding on your property.”

The rancher says, “Okay, but do not go in that field over there.” as he points out the location.

The fugitive recovery agent verbally explodes saying, “Mister, I have the authority of the Supreme Court and Taylor v Taintor with me.”

Reaching into his rear pants pocket, he removes his badge and shoves it into the rancher’s face.

“See this badge?  This badge means I am allowed to go wherever I wish… On any land. and in any state where my fugitive may be hiding.  No questions asked or answers given.  Have I made myself clear?  Do you understand? “

The rancher nods politely, apologizes, and goes about his chores.

A short time later, the old rancher hears loud screams and sees the bounty hunter running for his life chased by the rancher’s big Santa Gertrudis bull……

With every step the bull is gaining ground on the bail agent, and it seems likely that he’ll get gored to death before he reaches safety.  The agent is clearly terrified. The rancher throws down his tools, runs to the fence and yells at the top of his lungs…..

“Your badge.  Show him your BADGE!“

.

Editor’s note: Yes, there is a moral to this otherwise humorous story.

.

Regardless of what type of bond is written, if a $10,000 bond goes into forfeiture then someone is going to be liable for the entire $10,000.

If a surety bond is forfeited… More about the Differences between a Professional Bondsman and a Surety Bail Agent

This bill has not yet been approved by either the Senate or the House.  I’m not sure how this one is going to go because further analysis by the HFA indicates a budget shortfall of  well over $200,000 to administer the act. Personally, I think that the analysts over estimated the amount of revenue the act will generate by at least 25%, so the shortfall would be higher in my estimation.

From the House Legislative Analysis Section (HFA), Fiscal Analysts  Mark Wolf and Ben Gielczyk:

“A SUMMARY OF HOUSE BILLS 5536 AND 5537 AS INTRODUCED 10-22-09

House Bill 5536 would create a new scheme for licensing bail bond agents, bail bond runners, and fugitive recovery agents.

House Bill 5536 – Bail Bond Personnel Licensure Act

The bill essentially establishes a specific license for bail agents that must be obtained, (it is assumed), in addition to the existing general insurance law requirements on surety insurance agents.  Currently, there is no specific state law concerning the licensure of bail bond agents.  However, bail bond agents act, in effect, as agents of property and casualty insurers, and therefore must meet the applicable licensing standards for insurance agents.[1]  The bill would also require a license for fugitive recovery agents and bail bond runners.

Bail Bond Agent License Required:  The bill would require surety bail agents to obtain a license from the Department of Energy, Labor, and Economic Growth, Office of Financial and Insurance Regulation (OFIR), effective January 1, 2010, in order to engage in the business of a bail agent.[2]  Additionally, the bail agent would have to register with the State Court Administrative Office (SCAO).

For property bail agents, the bill would require, effective January 1, 2010, that they be authorized by an order of the circuit court to engage in business.[3]  Authorization by the court would expire at the end of the calendar year.  Beginning January 1, 2011, property bail agents would have to also be licensed by OFIR and registered with the SCAO, in order to engage in the business of a property bail agent.[4]

Licenses would only be issued on an individual basis.

Use of Titles: A person could not use a title or description giving the impression that he or she is a bail bond agent unless licensed by OFIR and registered with the SCAO.[5]  A violation of this provision would be a misdemeanor punishable by up to 91 days imprisonment and/or a fine of up to $500 for a first violation, and up to 2 years imprisonment and/or a fine of up to $4,000 for each second or subsequent violation.  A person convicted of a second violation would be permanently disqualified from being issued a bail bond agent license.

Bail Bond Agent Licensure Requirements: To be licensed as a bail bond agent, an individual would have to pass a written examination and be of “good moral character.”[6]  Current bail bond agents – those engaged in business prior to the bill’s effective date – would be exempt from the examination requirement.

Identification: Upon licensure, OFIR would provide each bail bond agent an identification card containing the agent’s photo, name, and other identifying information.  The identification card would have to be carried by the agent when acting as a bail bond agent.  Additionally, each agent would be issued a seal by OFIR that would include the agent’s name, the registration number, the phrase “Bail Bond Agent, State of Michigan” and other information OFIR considers to be necessary.  Bonds and other documents filed by the agent with the court or local law enforcement agent would have to be stamped with the seal.  The seal could not be loaned to another individual, and would have to be return to the state within 7 days after the licensed or registration is revoked, suspended, or canceled.  The penalty for failing to comply with these provisions is a misdemeanor punishable by up to 90 days imprisonment and/or a fine of up to $500.

Bail Bond Agent Fees: The bill would establish the following schedule of fees, to defray the costs of OFIR in administering the bill:

Application Processing Fee$35.00
Supplemental Application Processing Fee- $20.00
Examination Fee- $150.00
Examination Review Fee- $25.00

SCAO Registration: The bill would also require licensed bail bond agents to register with the State Court Administrative Office (SCAO).  The SCAO would be required to maintain, and update monthly, a registry of all registered bail bond agents.  The registry would consist of the individual agent’s name, business name and telephone number, the appointing surety, a power of attorney from the surety specifying the agent and the financial limit of the agent’s authority, and the areas in the state where the agent is authorized to engage in business.  For property agents, the registry would have also have to include the name of the counties in which the agent is authorized (by circuit court order) to engage in business.

The registry would be made available to local law enforcement (to make publicly available) on the SCAO’s website (http://courts.michigan.gov/scao). The removal from the registry by the SCAO would occur upon request from OFIR or, for property agents, from a request from an authorizing circuit court.  The bill would also impose on each agent a $40 registration fee to be used to defray the costs of the SCAO in administering the act.

Fugitive Recovery Agents: The bill will would also license “fugitive recovery agents,” defined in the bill to mean a person employed (on a contract or salary basis) by a bail bond agent or surety to enforce the terms and conditions of a defendant’s release from custody on bail in a criminal proceeding, including locating, apprehending, and transporting a defendant.[7]

License Requirements: To be licensed by OFIR as a fugitive recovery agent, a person would have to meet the following criteria:

1. Pass a two-part examination administered by OFIR, with one part testing the applicant’s knowledge of general insurance laws and regulations and the second part testing knowledge of pre-trial release and bonds, SCAO policies regarding bonds, the Michigan court system, the Michigan surety bond forfeiture process, judgments, and the surety’s right to arrest.
2. Hold a conceal pistol license.
3. Have never been convicted of a felony
4. Be of good moral character.

Additionally, an applicant for a fugitive recovery license would also have to successfully complete at least 40 hours of classroom training on applicable state and federal laws and rules and at least 40 hours of field training (weapons safety, use of force, defensive tactics, restraining and detaining individuals).  Individuals that have completed the training required by a municipal, state, or federal law enforcement agent or a branch of the armed forces to act as a peace officer would be exempt from the pre-licensure requirements.  Once licensed as a fugitive recovery agent, individuals would have to certificates on the proper use of Tasers and pepper sprays within 12 months of being licensed.

Violations: A bail bond agent or surety would be prohibited from employing or retaining the services of a fugitive recovery person who has been convicted of a felony.  Violating this provision and the licensure requirement provisions would be would be a misdemeanor punishable by up to 91 days imprisonment and/or a fine of up to $500 for a first violation, and up to 2 years imprisonment and/or a fine of up to $4,000 for each second or subsequent violation.  A person convicted of a second violation would be permanently disqualified from being issued a bail bond agent license.[8]

Identification: Similar to bail bond agents, OFIR would issue identification cards to licensed fugitive recovery agents, which the agents would have to carry at all times when acting as a fugitive recovery agent.

Fugitive Recovery Agent Fees: The bill would establish the following schedule of fees, to defray the costs of OFIR in administering the bill:

Application Processing Fee- $35.00
Supplemental Application Processing Fee- $20.00
Examination Fee- $150.00
Examination Review Fee- $25.00

Bail Bond Runner License Requirement: In addition, the bill would also require a license to act as a “bail bond runner”, i.e. a person who delivers bail bonds to courts and jails on behalf of a bail bond agent.  A bail bond runner would be appointed by a sponsoring bail bond agent and could perform services only for the sponsoring agent and other bail bond agents employed by the sponsoring agent.  A runner could only be appointed by one sponsoring agent.  An individual acting as a bail bond runner would have to be licensed by OFIR, effective January 1, 2010.

Bail Bond Runner License Requirements: To be licensed as a bail bond runner, an individual would have to be at least 18, a state resident, complete a high school diploma or GED, be able to “competently fulfill the responsibilities of a bail bond runner,” and have no current or prior violations of state insurance or bail bond laws or regulations.  Additionally, the bail bond runner would have to have a current, valid concealed pistol permit (if applicable), or be subject to a criminal history (fingerprint) check.

Prohibited Activities: A bail bond runner could not engage in the business of a bail bond agent or, unless licensed, fugitive recovery agent; countersign bail bond powers of attorney; or possess any power of attorney or similar document unless it contains the bail bond agent’s seal; collect money; take applications for bail; executive bail bonds; or solicit bail bond business.

Bail Bond Runner Application: To be licensed by OFIR, a bail bond runner would have to submit an application.  The application would have to include a written appointment from the sponsoring bail bond agent, and written affidavits from the applicant and the sponsoring agent attesting that the applicant has received training in applicable bail laws and procedures.  The applicant would also have to disclose to OFIR whether he or she has been licensed in another state to act as a bail bond runner and whether the license was ever suspended or revoked.  (If the applicant was licensed elsewhere, the application should also include contact information of the prior bail bond agents for whom the applicant worked.).

Bail Bond Runner Violations: A person who violates the bail bond runner licensure requirements would be guilty of a misdemeanor punishable by up to 91 days imprisonment and/or a fine of up to $500 for a first violation, and up to 2 years imprisonment and/or a fine of up to $4,000 for each second or subsequent violation.  A person convicted of a second violation would be permanently disqualified from being issued a bail bond agent or bail bond runner license.

Bail Bond Runner Fees: The bill would establish the following schedule of fees, to defray the costs of OFIR in administering the bill:

Application Processing Fee- $35.00
Supplemental Application Processing Fee- $20.00
Examination Fee- $150.00
Examination Review Fee- $25.00″

Note- This article updates a series of articles written about Bail Enforcement in Michigan:

Potential New Bail Enforcement Licensing Law in Michigan

Bail Enforcement Licensing in Michigan and the “Professional Investigator Licensure Act”

This article was written by L. Scott Harrell and is posted courtesy IRBseach, LLC.

IRBsearch offers The Most information, The Best data sources, and The Fastest delivery for locating people, businesses, and their assets. With one click you can search billions of records in just a fraction of a second.

Document management, or document imaging, is the practice of digitizing, indexing and archiving both paper and electronic documents for easy storage and retrieval. Bail bondsmen across the nation are turning to this technology to keep track of documents they are used to storing in paper files and folders.

Is this something that would work in your agency? Let’s look at five reasons why you should consider document management.

1. You can save money. With a document management system, you can reduce the amount of paper you buy and virtually eliminate postage, photocopies, fax machines, couriers and off-site storage. You can also… decrease your paper consumption costs because you can directly e-mail or fax documents to other agencies instead of printing and mailing cumbersome paper files. Using this tool, you and your employees will quickly become more efficient and productive – giving them more time to focus on other tasks – which will save, if not make you, money.

2. You can save time. With document management, you can have instant access to files. Scan documents once and never print them again. No filing or searching for folders. View documents without leaving your desk. While you are out in the field, you can easily access original files through any web-based document management system. At the airport or in your home office at 3 a.m., you can pull up the files you need using index or keyword searches.

One bail bond company will track clients in their document management system using indexes like:

• Client Name
• Power Number
• Bond Number
• Bond Execution Date
• Bond Discharge Date

Being able to search documents using any combination of those index values plus keyword searching makes it virtually impossible to lose a file.

And, if you have multiple offices, you won’t need multiple copies of documents. Storing them in a central location will let employees retrieve them from anywhere – even simultaneously. By placing e-mail correspondence in the same electronic filing cabinet as photos, notes and other documents, it will be faster and easier for your employees to look at client information. No more putting people on hold. Most document management systems will work with your current contact management software, so you won’t need to store files in both places. If you change contact management providers, your electronic files will remain intact and available.

3. You can free up space in your office (or off-site) by eliminating old files and filing cabinets. Electronic files are legally accepted as the original. Shred cumbersome paper files, save space and turn filing cabinet areas into productive work areas. “I was out of space until I started using document management,” explained Jim Longstreth, owner of Your Neighborhood Realty, of St. Petersburg, Florida. “I was able to get rid of the client files I had in my son’s closet.”

4. You can create a disaster-recovery plan. Meaning natural disaster and man-made disaster – like a lawsuit. Floods, fire, hurricanes, earthquakes, vandalism and theft place paper files in jeopardy each day. With a document management system, you can rest assured that your company is still in business when disaster strikes. The more you scan, the less you have to lose! Most document management systems will help you meet Federal privacy and security regulation. As a bonus, you’ll meet industry and city, state and Federal rules and regulations regarding record keeping and retention.

5. You can increase compliance. In Florida, for example, each licensed agent must maintain records of bail bonds in his or her office that were executed or countersigned by him or her. The agent must keep this information for three years after the liability of the surety has been terminated. “Though we are only required to keep our documents for three years by law, we want to be able to store them indefinitely in case we need to refer to them in the future,” explained Jeremy Swan of Moncrief Bail Bonds in Orlando, Florida.

A bail bond company’s records are open to examination, inspection, and photographic reproduction by the regulating authority and at any time, the department may require the agent to furnish to it, in such manner or form as it requires, any information concerning the bail bond business of that agent. Web-based document management systems allow the bail bondsman to grant temporary access to auditors or authorities to review records stored online – making everyone’s job easier in the long run.

A document management system is also the perfect place to store employee information, including licenses, certificates and fingerprint cards.

Bail bond companies everywhere will be surprised at how affordable and easy document management systems can be. “Not only are document management systems a great way for businesses to organize their paper and electronic files, but they are also great at eliminating unnecessary expenses – like postage, couriers and off-site storage,” explained Leslie Haywood, CEO of eBridge Solutions in Tampa. “We are seeing businesses of every size in every industry making the switch.” Should your business be next?

Office Paperwork Statistics:

• 70% of “white-collar” worker time is spent processing paper documents
• 15% of all paper documents are misfiled or misplaced
• 30% of documents used daily contain obsolete information
• 40% of worker’s time is spent searching for misfiled, misplaced, or lost documents
• Paper grows at 25% per year in the typical organization, meaning that it will double in just over three years’ time!
• Paper-based processes are hard to validate for compliance to governmental regulation
• Most businesses do not have a backup for their paper-based documents, and would be out of business in the event of a natural or other disaster

Stephanie L. Jones, MBA, is the Marketing Director for eBridge Solutions, a web-based document management provider located in Tampa, Florida. Stephanie can be reached at sjones@eBridgeSolutions.com

HOUSE BILL No. 5493

September 30, 2009, Introduced by Rep. Johnson and referred to the Committee on Regulatory Reform.

A bill to license and regulate bail enforcement agents; to provide for certain powers and duties for certain state agencies and law enforcement agencies; to require the obtaining of surety devices by licensees; to provide for the imposition of certain fees and establishment of certain standards of operation of licensees; to provide for the promulgation of rules; and to provide remedies and prescribe penalties.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the “bail enforcement agent regulation act”.

Sec. 3. As used in this act:

(a) “Bail enforcement agent” means an individual who has been contractually retained as an agent by a surety or surety agent or who is otherwise authorized to act on behalf of the surety, with or without consideration, for the delivery of a principal to the sheriff or other peace officer of any jurisdiction. Bail enforcement agent does not include a surety who is a natural person executing a recognizance on his or her own behalf.

(b) “Department” means the Department of Energy, Labor, and Economic Growth- (MI DELEG).

(c) “Principal” means an individual charged with a crime in this or any other state who is the subject of a recognizance issued by a surety for the individual’s appearance on that criminal matter…

(d) “Surety” means an individual or business entity that has entered into a recognizance as a surety for the personal appearance of an individual charged with a crime.

Sec. 5. (1) Subject to section 11, an individual shall not act as, attempt to act as, or represent himself or herself as being a bail enforcement agent unless that individual obtains a license from the department under this act.

(2) An individual may act or attempt to act as a bail enforcement agent only under 1 or more of the following circumstances based upon the information and belief of the surety:

(a) The individual subject to the recognizance has failed to appear at a required court appearance or has violated or may violate a condition of recognizance.

(b) The principal has left, is leaving, or is attempting to leave the jurisdiction.

(c) Failure of the sureties submitted by the principal.

(d) Action of the surety pursuant to section 26 of chapter V of the code of criminal procedure, 1927 PA 175, MCL 765.26.

Sec. 7. (1) The department shall issue a license as a bail enforcement agent only to a natural person.

(2) The department shall not issue a license as a bail enforcement agent to an individual who has been convicted of a felony or misdemeanor in which the individual caused physical injury to another person.

(3) An individual seeking licensure as a bail enforcement agent shall do all of the following:

(a) Apply to the department on a form supplied by the department and pay an application fee and a per-year license fee in the amount determined by the department in rules promulgated under subsection (7).

(b) Be at least 18 years of age.

(c) Supply a copy of the applicant’s fingerprints acceptable to the department. The applicant shall sign an authorization for a criminal history check by the criminal history records division of the department of state police, including the records of the federal bureau of investigation, and pay a fee determined
appropriate by the department to cover the cost of the criminal history check.

(d) If applicable, and subject to the prohibition of subsection (2), demonstrate to the department that at least 10 years have passed after all of the following conditions regarding any felony convictions and misdemeanor convictions involving physical injury to another person:

(i) The payment of all fines, costs, and restitution.

(ii) The serving of all terms of imprisonment.

(iii) The completion of all conditions of probation or parole.

(e) Not later than 5 days before the date of application, successfully complete a course of education regarding the criminal justice system, consisting of at least 20 hours of classroom instruction.

(4) Upon the issuance of a license, the department shall issue a picture identification card stating the name and any alias of the licensee, the date of issuance and expiration date of the license, and the principal business address of the licensee. For a charge of at least $10.00 but not to exceed the cost or issuance, the department shall issue a new card to a licensee whose card is lost or destroyed.

(5) A license under this act is valid for a period of 12 months from the date of its issuance and is renewable by filing a renewal application not less than 30 days before the expiration date and enclosing the per-year license fee.

(6) Within 30 days after a change of home or business address, the licensee shall notify the department in writing of the change. Upon receipt of such a change, the department shall enter the change into its records and send a sticker to the licensee with the corrected information to be placed on the licensee’s identification card.

(7) The department shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to set fees for application for licensure under this act and for a per-year license fee. The fees shall be in an amount determined by the department to cover the actual costs of processing the application and issuing the license.

Sec. 9. A bail enforcement agent shall do all of the following:

(a) Notify by telephone or in person an appropriate law enforcement agency having jurisdiction over the location where the apprehension will occur or is planned no sooner than 24 hours before and at least 30 minutes in advance of a planned attempt to apprehend a principal. This subdivision does not apply if all of the following circumstances exist:

(i) The bail enforcement agent is confronted with an unanticipated opportunity to apprehend a principal that would be seriously jeopardized by the delay inherent in providing advance notice so long as a reasonable person would conclude that the apprehension can be accomplished without the use of force.

(ii) It is not foreseeable to a reasonable person that injury to another person or property will occur.

(iii) The bail enforcement agent notifies the law enforcement agency within 60 minutes after the apprehension.

(b) Have in his or her possession documentation demonstrating that he or she has been retained or independently contracted and authorized by the surety to effect the apprehension.

(c) Have in his or her possession his or her license issued under this act or a license issued by another jurisdiction and at least 1 additional picture identification other than the licensee identification issued under this or another jurisdiction. This additional picture identification shall be an operator’s or chauffeur’s license or an official identification issued by this or any other jurisdiction.

Sec. 11. A surety or an individual licensed as a bail enforcement agent in another jurisdiction may act as a bail enforcement agent in this state so long as he or she acts in compliance with section 9.

Sec. 13. A bail enforcement agent shall not have in his or her possession a firearm while performing his or her duties as a bail enforcement agent unless he or she is licensed to carry a concealed pistol under section 5b of 1927 PA 372, MCL 28.425b.

Sec. 15. (1) A person determined by a court of competent jurisdiction to have done any of the following is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(a) Acted as, attempted to act as, or represented himself or herself as being a bail enforcement agent without being licensed under this act.

(b) Knowingly possessed an altered or forged bail enforcement agent identification card or license or knowingly altered or forged a bail enforcement agent identification card or license.

(c) In the case of a person not licensed under this act but licensed by another jurisdiction, failed to comply with section 9.

(2) Except as otherwise provided in subsection (1), a person determined by a court of competent jurisdiction to have, while licensed under this act, violated any other section of this act is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

Sec. 17. After a notice and an opportunity for a hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the department may suspend or revoke a license issued under this act of an individual determined to have violated this act.

Sec. 19. The sanctions and remedies under this act are independent and cumulative. The use of a remedy or the imposition of a sanction under this act does not bar other lawful remedies and does not limit criminal and civil liability.

Enacting section 1. This act does not take effect unless Senate Bill No. ____ or House Bill No. 5492 (request no. 04400’09a) of the 95th Legislature is enacted into law.

Note- This article is part of a series of articles written about Bail Enforcement in Michigan:

Michigan Bail Bond Personnel Licensure Act Before the State Legislature

Bail Enforcement Licensing in Michigan and the “Professional Investigator Licensure Act”

This article was written by L. Scott Harrell and is posted courtesy IRBseach, LLC.

IRBsearch offers The Most information, The Best data sources, and The Fastest delivery for locating people, businesses, and their assets. With one click you can search billions of records in just a fraction of a second.

An individual that fails to appear (FTA) for his court date encumbers the system with the investigation costs, additional incarceration time when captured, as well as the costs to adjudicate the charges again. The costs not accounted for are the preparation of the defense council, the prosecution team and the handlers of the defendant multiple times for the same criminal charges. Additionally, the community and its resulting tax base suffers as the comfort zone of the citizens diminishes in direct relation to the loss of safety felt by an unprotected community as fugitives run loose with no fear of punishment from the judiciary. The community turns over, with the affluent leaving to seek safer more conservative values, the poorer having to stay behind and suffer. Their suffering is a direct result of a system designed to assist them. I suggest that the thought process and the evolution of Pre-Trial Release are inherently flawed.

Pre-trial Release has evolved into a system where any defendant, no matter the severity of accusation, can seek and achieve release from incarceration. The number of FTA’S a defendant has, the progressive nature and level of crimes allegedly perpetrated, the ever increasing list of victims in fear seems to have no bearing on their decision. The defendants learn from each encounter with law enforcement and the court system. If there is no penalty for ones actions or behaviors, there exists no deterrent to crime. The Pretrial Release system has become a game, a game played by masters of manipulation, and we the citizens are losing every time.

In a society where we as parents can be severely punished for disciplining our children, in a valiant effort to never have them incarcerated in the first place, we are left to the discipline of the courts. The same courts teach them that there are minimal or no penalties for their actions. The result is a lawless and dangerous society, one not fit to live in, and the playground of the criminal who respects no laws or individuals.

This system that has already failed by even the most liberal measure, now is pushing for increased exposure to our defendants. Requesting bonds under $5,000.00 be mandatory as ten percent to the court, with no system for collecting on forfeitures or fugitives is absurd. Lawyers posting their own bonds for their clients, using the reimbursement of the bond as payment for services after completion of the case is equally oppressive. An individual with a paid criminal attorney deserves every opportunity under the law. When this attorney represents his/her client in a bail review, he/she is now biased. Instead of asking for release on recognizance (ROR), they ask for a reasonable bail, one that will leave them with sufficient funds when the trial is over. This represents a serious conflict of interest, as well as one that takes advantage of a defendant and their respective families.

To really expose the flaws of this system, any individual that posts a cash bond to the court, now accepts and is empowered by all the rights of a bondsman. That means that they can re-arrest their charge in the event that they miss court, in order to seek the remedies due them as a result of the bail contract, written or verbal. The resulting efforts to redeem themselves without the training and expertise of a Professional or Surety Bondsman can result in placing communities in harms way. Imagine the new boyfriend seeking to assist his girlfriend after she bonded out a previous boyfriend on a cash bond. I don’t want him coming to my door by mistake, kicking it in and forcing me to defend my family and property, do you?

Let the Bondsmen do their job, quietly and professionally. So what if an individual has to stay in jail because he or she can’t raise bond. Let that be a deterrent to crime not an excuse to change a system that works. Maybe they can’t raise bond because their own family is tired of their shenanigans, and wants them to stay there and learn a lesson. Who is better to make that decision then the family? Do we presume to know better then them as a result of a single interview? I think not. Those that can’t raise bail and don’t represent a flight risk can be ROR’d by a judge in a bail review, another system already in place.

I am a Professional Surety Bondsman, a Licensed Private Investigator, a DC-CJA Investigator and a Bail Enforcement Agent. I have spent years training and being trained to perform my job with professionalism, integrity and compassion. I am a recognized expert in my field with a National reputation, I have been written about on CNN and other publications. I am not alone. With close to 3000 fugitive arrests in 34 states, my team and I have been responsible for the service of over 4000 warrants, at NO COST to you, the American taxpayer.

If it is not broken, don’t fix it!

R.E.”Scott” MacLean III

Scott MacLean is the owner of Chesapeake Bail Bonds and Chesapeake Group Investigations, Inc., serving Southern Maryland and Northern Virginia from La Plata, Maryland. He is an accomplished Bail Enforcement Agent, Professional Bail Bondsman and Licensed Private Investigator. He has been the subject of numerous articles about his accomplishments and the commercial bail industry. Scott has been a frequent poster on Bail Industry groups and is an educator and public speaker on Bail Industry issues. He is also the head instructor for The National Association of Bail Enforcement Agents, Falls Church, VA.