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Judge grants injunction, blocks new state law on bail bondsmen training

A Superior Court judge in Raleigh has granted a preliminary injunction delaying the enactment of a new state law which makes the N.C. Bail Agents Association the only group allowed to provide training that is required to become a licensed bail bondsman in North Carolina.

During the waning days of the legislative session, the General Assembly passed Senate Bill 738 overwhelmingly to approve the change, and Gov. Bev Perdue signed the bill into law.

The law would have taken effect on Oct. 1 if not for a decision that day by Judge Donald W. Stephens. He sent notice of the injunction to the state Department of Insurance, which was named a motion calling for the injunction and an accompanying lawsuit, and to Lynette Thompson whose N.C. Bail Academy is set to close its doors.

Thompson's Rockford-Cohen Group founded the N.C. Bail Academy in 2011 to train aspiring bail bondsmen, as she said the Bail Agents Association had lagged in quality without any competition.

Thompson and her lawyer, Randy Doffermyre, have argued that the new law creates a monopoly, and Stephens' decision shows there is at least enough to the claim that the law will have to wait until the court takes a closer look.

Stephens wrote in a decision sent to both groups Monday that the Bail Academy and Bail Agents Association "are in competition and have been providing satisfactory private, mandated bail bond education in North Carolina without any cost to the State taxpayers."

Thompson "has standing to properly challenge the Constitutionaliy of the subject legislation," Stephens added.

Monopolies are allowed only with respect to necessary public services, but Stephens said in his decision that training bail bondsmen does not fulfill that requirement.

"Bail education providers approved, authorized and given certificates of authority to teach courses of instruction to licensed bail bondsmen ... are no different than any accredited technical or community college providing approved courses to police officers for their mandatory continuing education," Stephens said.

The Department of Insurance has already filed a motion to dismiss the claims; Thompson, along with Doffermyre and Tim Mathis, has filed a complaint to push the matter forward.

"We're excited that the judge agreed with us," said Thompson. "There's still a long way to go."

In a statement released through spokeswoman Kerry Hall, Insurance Commissioner Wayne Goodwin said his department was following the General Assembly's decision.

"An overwhelming majority of state legislators enacted this law, not the Department of Insurance," said Goodwin in a statement. The department "will follow the court's order; however, we maintain that allegations in this lawsuit are false and irrelevant."


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Wayne Goodwin Continues To Use The Election Year Stall Tactics

            Finally, after over five months of waiting for a formal reply from Wayne Goodwin to our complaints and request for an investigation into criminal acts committed by the NCDOI Investigators, several of the complainants received the same form letter from Goodwin…

 

“The North Carolina Department of Insurance acknowledges receipt of your complaint regarding its investigators, Tim Pardue and Mickey Biggs. After reviewing your complaint, it appears that it relates to pending and past criminal charges against you.”

“Your complaint will be forwarded to the District Attorney’s Office that is handling the criminal charges. Please understand that the Department does not comment on the substance of criminal investigations, whether they are pending or closed”

 

            If that isn’t an election year stall tactic, I’ve never seen one. First of all, it took five months to even get a reply. Then, Goodwin “lawyered” up and says that he will not even look into the matter regardless of validity of complaint or that the case was completed. In Barry Hicks’ Iredell County case he was found NOT GUILTY and Dawn Daniels has not got any criminal charges at all (pending or closed).

 

            Barry Hicks has got 100% proof that NCDOI Investigator Tim Pardue committed perjury on the stand while trying to railroad Hicks on trumped up charges. The case ended over 2 years ago and Goodwin wants to send the complaint about an incident of perjury in Iredell County to Robeson County where Mickey Biggs like Tim Pardue committed perjury to get an indictment on more trumped up charges. This is the way NCDOI allows its investigators to MANUFACTURE evidence to suit their needs. When the cases against Hicks are dismissed because of Mickey Biggs perjury, NCDOI will still not look into the matter.

 

            Dawn Daniels was never charged with a crime. She wanted to know why Twyla Covington and Mickey Biggs told her that she or any of her agents could not bond out her husband. Dawn Daniels, a licensed NC Bail Agent who has never been under any kind of regulatory review or charged with a crime was denied the right to bond out NC Bail Agent, Niki Daniels after he turned himself in on trumped up charges by NC DOI Investigator, Mickey Biggs. Investigators told her husband that neither his wife or any of their five agents could bond him out.

According to Statute § 58-71-45. Terms of licenses

A license issued to a bail bondsman or to a runner authorizes the licensee to act in that capacity until the license is suspended or revoked.

 

            Dawn Daniels license was neither suspended or revoked; however, NCDOI Investigators make up their own rules and regulations regardless of what the statutes state. They play law maker, officer, judge, and executioner. They must really be underpaid for having to wear so many hat, but ain’t it damn convenient. You don’t have to answer to anyone. Wayne Goodwin will do the old shuffle and cover your butt when the heat comes down.

 

Many bondsmen have investigated this issue and have yet to come up with any NC Statute that say a North Carolina Bail Agent cannot bond out family or friends, even if the defendant is a North Carolina Bail Agent.

 

Why does Goodwin need to send Dawn Daniels complaint to her husband’s DA. She is not charged with a crime and it has no bearing on her husband’s case. It doesn’t make any sense, just as in sending Barry Hicks’ complaint concerning Tim Pardue’s perjury in Iredell County to Robeson County DA doesn’t make any sense. This comes down to an election year stall tactic from an administration that is corrupt to the core.

Go to the Bail Academy forum to see up to date info/discussions

If you are appalled at the blatant corruption revealed in these communications of Goodwin and the NCBAA, go to the NC BAIL ACADEMY FORUM and see the latest discussion and most up-to-date information that is coming out daily about the sleazy relationship between the NCDOI and the NCBAA. Educate yourself about what is really went on behind the scenes and let your opinion be known; then, 

VOTE THE LITTLE TYRANT OUT OF OFFICE BEFORE YOU BECOME THE NEXT VICTIM OF THE NCDOI AND THE NCBAA!!!

Here is a link to the NC Bail Academy Forum where there are some very interesting discussions going on recently. New material is coming out daily. 

Find the latest information about the lawsuit against the NCBAA and the NCDOI.

Breaking news is coming out at the first of the week about an investigation into

crimes committed by the NCDOI Investigators. 

Particularly good sections of the forum are the areas of DOI Issues and Legal Topics

www (dot) rockfordcohengroup (dot) com/yabb/YaBB (dot) pl

See Goodwin's facebook chats with NCBAA ahowing corruption!!!

Chronology of Goodwin Facebook--

has actual Facebook communications between the NCDOI and Wayne Goodwin.  There are things in here like...

Melissa Seiler’s Reply :

“I’m sure they are…we have actually been waiting to be served with some kind of official court documents. That’s why G-d made attorneys. We received a public records request (and we aren’t public) for tax returns from some guy that took our PLE class. He’s not a bondsman but he also requested from the department every email between DOI, NCBAA and its board of directors…”

“Hi Wayne….I wanted to express to you how grateful I am that you supported our legislation for sole source provider. I take comfort in knowing our folks will all be receiving uniform training and education. I would like for you to come to the annual conference on July 13th if your schedule allows and say a few words like you did last year. It is at the Hilton Riverside in Wilmington. I would be happy to provide accommodations for you if you can make it. Hopefully the Governor will sign the bill soon and we move forward. Thank you again for all your help and just let me know if you can make it to the meeting. It is our 20th anniversary”

Phil Bradshaw’s Reply :

“The only thing I have heard is that they have spoken to him. If Causey teams with them it will backfire, I agree 100%. Charles Timothy Mathis is probably the most vocal one of that group. You may want to get someone to pull his renewal application and see how he answered the questions about judgments. I understand he has a judgment in Rutherford County against his professional license since 1997 on a $1000.00 forfeiture he didn’t pay. If he lied on his application that isn’t good”

August 16th 2012…

Phil Bradshaw Writes :

“Hey Commissioner, the NCBAA and board members are putting a little donation together for you”

Melissa Seiler’s Reply :

“Yes they are aware. They think it is ridiculous. You have another email other than Department email or is that fine?”

Wayne Goodwin’s Reply :

“Gwaynegoodwin (at gmail.com)”

Melissa Seiler’s Reply :

“Awesome! Send it shortly”

  

See actual e-mails showing the NCBAA knew Bill 738 was illegal!!

 

NCBAA E-Mails --

Here are actual portions of e-mails between the board members which show they knew lying to the Legislature to get Senate Bill 738 passed was illegal and much more…

Mark Cartret :“A few sure do treat NCBAA’s money in a manner that is questionable…This Ye haw let’s pull up our boot and git ‘em all boys attitude will surely cost the membership. And no one has the guts to say it was done improperly. Shame…Read our last few e-mails and your disrespectful smart a$$ comments. Still find it hard to see why judges and other court officials dislike us as a whole.”

Phil Bradshaw :“If me using the term ‘a$$ clown’ offended you or outright embarrassed you Mark,…I guess I have a habit of speaking my mind…I just have a GED and common sense.”

Mark Cartert :“I don’t think the majority of the board would agree with ‘pop up and mystical’ legislation that has not been approved…I challenge you to show all of us how effective the NCBAA will be going forward…I wager the damage has been done far beyond repair…This ‘us or them’ ‘let’s fight em all boys’ attitude needs to stop. You are not using your own money but NCBAA’s.”

“So to ask a few on the NCBAA board to follow the rules equates one, in Phil Bradshaw’s book, to being anti-industry… This isn’t about NCBAA Phil. It’s about following the rules. It’s about the consequences that arise when you don’t follow the rules.”

Phil Branshaw :“I can remember back at a time when I voiced a complaint about ‘ghost’ committees and you sat on the board then and did nothing to address it.”

Mark Cartert :“To compare Bill 738 with all of other pieces of legislation which has been approved by this board prior to being ‘sent up’ is a far cry from what was done…But the day that I learned what was done, I expressed my shock and at the same time my belief at what would follow…Just because I did not raise cain on the conference call does not mean I accept how this mess came about. I have said nothing about legalities… The past 3 weeks have found me around no fewer than 4 lawmakers. Each has mentioned, in somewhat negative light, Bill 738. In the press, we now have an article that claims a lobbyist ‘mislead’ lawmakers. How can we disregard either of these…The way this bill was done bloodied some noses and blacked the eye on NCBAA.”

Phil Bradshaw :“Maybe I’m missing something here but the board talked doing anything we could do to remedy the situation with Rock-Cohen (NC Bail Academy). We had a conference call also. I don’t see where anyone wasn’t aware of it and I don’t recall 1 person objecting to moving forward…It sounds to me Mark, that you are implying that we did something illegal.”

Mark Cartert :“And yes NCBAA will go on though this may prove costly both financially and reputation-wise. It is ‘us’ not ‘I’ or ‘me’ and I wish to underscore this for the few that forced Bill 738…We are expected to come together (as one) and find an answer to clean up this mess.” 

Steve Shell :“I accept full blame as well…There’s plenty of guilt to be shared.”

Mark Cartert :“To my knowledge we have never moved important legislation WITHOUT BOARD APPROVAL…We were stuck in the mud initially with Bill 756 while alienating ourselves among court officials…Two years ago I told the ‘then board’ that it was a mistake to put such loaded legislation together i.e. ‘two powerful bills in one package’ Did we get anywhere? No. But at the last minute we have a miraculous Bill 738 contrived by less than a handful of board members…I recall, as president, asking counsel if such could be done (prior to competition being formed). I was told ‘NO’ by our attorney because it would be a violation of Anti Trust Laws…I recall, while serving as legislative committee chair, Mike Mann telling us “YOU CANT DO THAT.” What changed? Now we bloody noses with Bill 738 while shoving something down lawmakers throats which we were previously told could not have been done?…I am shocked that you Steve Shell would find it acceptable to move in the shadows and without the boards approval. Now we will pay the price. I feel strongly that in addition to the monetary damage, our legislative agenda and our reputation will take a nose dive…No one gives a damn it seems. But I reserve the right to say ‘I told you so.’…Whomever advised the chair to stop all other legislation and move on Bill 738 without addressing the board should be fired.” 

Phil Bradshaw :“We have been the only show in town and we damn well acted like it, with arrogance and attitude! We gave the industry our a$$es to kiss and now we’re asking for their support.”

Julie Henderson :“There still isn’t any doubt for me that we need to continue with the appeal…What are the chances of something like this being reversed in legislature, when we have the lobbyist we do and the resources that we currently have? We need to circle the wagons.”

Melissa Seilers :“In the wake of the negative publicity and e-blast from ‘VictimsOfNCDOI’, I think the Association needs to send out an e-blast about the importance of NCBAA.”

Goodwin can't stop the truth from coming out!!!

THE TRUTH ABOUT WAYNE GOODWIN --

Go to YouTube and search for "THE TRUTH ABOUT WAYNE GOODWIN" to see a truly deceitful and corrupt politician dancing around the hard questions that he doesn’t really want the voting public to know about. Goodwin’s people tried to shut down the video from being shown on YouTube; however, “THE TRUTH ABOUT WAYNE GOODWIN” is back up and running stronger than ever. This is a must see video. Sorry I could not post a direct link in this comment. The website doesn't allow you to post links.

Can we trust Goodwin to say ANYTHING of substance?

Mr. Goodwin....you have stated there are false allegations.  Would you elaborate on what exactly is false. I have seen the complaint and the exhibits.  All the documentation is public record, the audio, the emails, the certificates, and letters from DOI.  You seem to be contradicting proof from your own emails and department correspondence.  Could it be that you are trying to fool the public again?  How are we to believe the billions of dollars you have saved NC and the hundreds of arrests you claim as the 'capeless crusader' (your words-not mine) if you can't even be straight with the citizens with something in black and white.  Shameless!

See Goodwin lie when asked the hard question

We are trying to bring the corruption at NCDOI into the light. Wayne Goodwin conspired with the NCBAA to create a monopoly for his political contributors. The Wake County Superior Judges believe that is true also. The judges struck down the law that Goodwin shoved through the backdoor at the last minutes before the July 4th recess. Read the lawsuit for yourself. E-mail victims_of_ncdoi@hotmail.com and educate yourself on the truth about the corruption at the NCDOI. I'll personally send you a copy of the lawsuit. Then, go to the polls in November and get this little TYRANT out of office. Check out this video and see a true politican avoid questions that he dowsn't want you to know about... http://www.youtube.com/watch?v=u5Y49L7feek An informed public will surely can this crooked politican.

more of same BS from dept of insurance....

Don't you get tired of the same old, same old.  Ducking, dodging, political answers?  Above, a spokesman said "there has not been enough time to review the Judge's decision."  Come on.  You can do better than that.  How about "No Comment".  Or "I can't comment on pending legislation."  Anything to dodge and duck.  Wayne Goodwin is caught. Period.  How about "I refuse to answer on the grounds I may incriminate myself."  That is the closest answer to the truth.  What about all the cost savings in the original pablum spewed by the Dept of Insurance?  Looks like this couldn't have come at a better time for the citizens of NC.  We get to see behind at least one curtain, and maybe rid ourselves of another blight on the political landscape.  Jimmy Green, Easley, Jim Black, Meg Scott Phipps....say hello to your little friend-Wayne Goodwin.

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