Vice Mayor Roxanne Qualls To Court Clerk Patricia Clancy: About That $1 Million You Owe Cincinnati, Check Please!

When Can City Expect Funds From Clerk?

CINCINNATI (TDB) -- With the city facing a $60 million hole in its budget -- and 144 Cincinnati police officers facing the loss of their jobs -- Cincinnati Vice Mayor Roxanne Qualls is pressing the county court clerk's office to deliver forfeited bail bond funds owed the city.  Hamilton County Clerk of Courts Patricia M. Clancy, a Republican, said last month that at least $960,000 is uncollected and due the city police department under court orders.  Qualls, a Democrat and Charter Committee member, wrote Clancy back five days ago seeking a timetable that will detail exactly when Clancy's office will start delivering the money.  Some of the uncollected bail bond forfeitures date back to the 1990s.  Qualls said "there is money owed to the City of Cincinnati" and every cent is needed -- especially with cops looking at layoffs.  Qualls emphasized the urgency of her request.  There are records showing the county clerk has failed to collect forfeited bonds for years.  The money -- which is owed by defendants and bondsmen hit with forfeitures when criminal suspects dodge a court date -- is earmarked for distribution to prosecutors and law enforcement agencies.  Here's an excerpt from Qualls letter to Clancy:

"Your letter states that the City would be entitled to receive a portion of the bond forfeitures collected based upon certified judgments from bail bondsmen and their insurance carriers of $960,000.   The letter also says that your office has been working with the Hamilton County Prosecutor's office to collect on the certified judgments against bail bondsmen and their insurance carriers, and that you expect a successful resolution in the near future.  Is the $960,000 amount the total amount, or are their other forfeitures that will be determined through an audit?  Has the city ever received any funds based on certified judgments in the past?

I am requesting documents of the $960,000 in certified judgments, as well as what portion of the amount is due the city at this time, the amount of the collections, and a time frame for the Cincinnati Police Department (CPD) to expect the funds that are due it. . . I am sure you understand the urgency of this request since City Council will be making decisions about potential cuts to our public safety personnel over the coming weeks."

Hamilton County Clerk of Courts Patricia Clancy Confirms The Number: Bail Bondsmen Owe Cincinnati $1 Million In Forfeitures

Cincinnati Is Owed A Wad

CINCINNATI (TDB) -- The clerk's office reports the city's share of uncollected bail bond forfeitures is at least $960,000 -- and is likely to be substantially more.  That as-yet unknown sum reflects debts involving property bonds where no action has been taken to seize real estate.  All of the bonds were posted by accused criminals who did not want to sit in jail while awaiting court dates and trials.  Money from forfeited bonds is earmarked to combat drug crimes on Cincinnati's streets.  But the cops haven't been getting all the cash owed, apparently because of bottlenecks at clerk's office in the courthouse.  The bonds were forfeited because the suspects didn't keep their written guarantee to show up in front of a judge.  County officials are supposed to grab money and property posted as bonds, but have been slow to act -- some of the forfeitures date back to the mid-1990s.   Hamilton County Clerk of Courts Patricia M. Clancy -- whose office is responsible for bail bonds -- disclosed the sum owed to the City of Cincinnati.  Clancy was responding to Cincinnati Vice Mayor Roxanne Qualls, who last month said the money was needed to pay for police to fight street crime.  The city faces a $50 million budget deficit and may have to law off cops.  Clancy wrote Qualls yesterday:

"In response to your questions, the City would be entitled to receive a portion of the bond forfeitures collected based upon certified judgments from bail bondsmen and their insurance carriers of $960,000.  This amount represents the gross amount of the bonds, and does not reflect the possible reductions permitted under the statute.  The City's portion of the bond forfeitures against individuals (parents and family members who posted property) will be provided to you shortly.  The Clerk of Courts has placed liens on the individuals and the property posted,but has not taken any action to foreclose on real estate of the parents and family members to date."

Clancy said she's got lawyers on the job:  "Also, the Clerk of Courts has been working with the Hamilton County Prosecutor's Office to collect on the certified judgments against bail bondmen and their insurance carriers.  The Prosecutor's Office met with the Common Pleas and Municipal Judges on this issue and is working with the bondsmen and their insurance carriers to collect on the certified judgments.  We look forward to a successful resolution in the near future."

Any money collected on a bond forfeiture goes to the city if the city prosecuted the case through its law department.  If the County Prosecutor handles the criminal case -- a drug case, for example -- the money is split with 80% of the forfeited bond going to the Cincinnati police, and 20% to the prosecutor's office.  The Daily Bellwether has been reporting on the uncollected bail bonds since last month and you can read all the earlier posts by by clicking here. There are a lot of comments -- mostly anonymous -- that indicate there is a backstory that has yet to unfold publicly.

More On Bail Bond Scandal In Hamilton County: Cincinnati Police Didn't Receive Court-Ordered $$$$ Forfeitures

CINCINNATI (TDB) -- At a time when crime is high and up to 112 cops face layoffs due to pinched government budgets, it seems absurd that large sums earmarked for law enforcement haven't reached Cincinnati police and suburban departments.  The Daily Bellwether has located records indicating nearly $2 million in forfeited bail bonds is due and owing.  There could be more; the $2 million is what this blog tracked down in 50 forfeiture cases dating back to the 1990s.  One bail bond company appears to have 26 unpaid forfeiture judgments -- the math indicates the judgments total about $1.05 million.  The business still seems to be writing bonds.  Last week, the courthouse was buzzing with rumors of a federal investigation about a financial scandal centered on uncollected bail bonds.  But the issue goes deeper -- it impacts public safety and keeping cops on the streets.

Officials at the Republican controlled courthouse appear to know they have a problem.  Hamilton County Clerk of Courts Patricia Clancy said in budget documents filed with the county commissioners last month that she was going after the forfeitures:  "The Clerk is also working with the prosecutor to recover forfeited bonds monies that remain uncollected." 

The topic of uncollected bonds received one sentence in a five-page, single-spaced document that admits in its own words local government faces a serious "budget crisis."  Talk about burying an issue.

Why wasn't the recovery effort pursued earlier?   The Bellwether has found records indicating that one of the uncollected bonds dates back to 1991, another to 1997.  Many of the uncollected forfeitures date back to years when Republican County Commissioner Greg Hartmann was serving in the court clerk's office. There are numerous examples of money owed to the Cincinnati police, who are supposed to use forfeited bail bonds to target drug crimes.  But they haven't gotten all the cash that is supposed to come their way from the court clerk's office.  Here's one example from Case No. B 08-05552-B, which involves an accused drug trafficker from Detroit who posted a $200,000 bail.  When the person didn't show up in court, Hamilton County Common Pleas Judge Melba Marsh ordered the $200,000 forfeited.  She signed the judgement entry on April 2, 2009 and said about $160,000 should go to the Cincinnati cops.  Here's are a few pertinent paragraphs from the court order:

"WHEREFORE, it is further ordered pursuant to R.C. 2925.11(E) that the forfeited bond funds on deposit with the Clerk of Courts be paid as follows:
 "First, to the Clerk of Courts to satisfy the costs on the bond forfeiture proceeding; then the remaining balance is to be divided eighty (80%) to the Cincinnati Police Department and twenty percent (20%) to the Prosecuting Attorney of Hamilton County, pursuant to R.C. 2925.50.  In any additional funds come into the possession of the Clerk of Courts relative to the judgment on Bond Forfeiture, those additional funds are to be divided on the same pro rata basis as set forth above.  The aforementioned funds shall be used to law enforcement efforts pertaining to drug offenses."

While that seems to indicate the money was "on deposit," the reality appears to be different.  Four months later, the Clerk of Court's office obtained a certificate of judgment for $200,009 that named the bondsman and the defendant.  It is a legal document showing the debt remains on the books.  Somehow an accused heroin trafficker from Detroit was caught in Cincinnati, posted bond to get out of jail, skipped town, and has yet to deliver the $200,000 a judge ordered forfeited.  And the forfeiture was supposed to go to the Cincinnati police to fight drug crime on the streets.

Here's another example, Case No. B09-004059.  Common Pleas Judge Dennis Helmick ordered an accused drug trafficker to forfeit a $100,000 bond after he failed to show up.  The trafficker is still at-large.  Helmick said on May 1, 2008 that $80,000 should go to the Cincinnati police "for law enforcement efforts pertaining to drug offenses."

That $80,000 doesn't appear to have reached to the police for the fight against street crime.  A certificate of judgement shows the debt is still on the books unpaid.

Cincinnati Cops Ripped In Citizen's Letter: Uncensored At City Hall

CINCINNATI (TDB) -- A citizen and small business owner writes to describe his frustration with criminals and the criminal justice system. He's been robbed and wounded and complains the authorities appear listless in their pursuit of crooks. Cincinnati City Councilman Cecil Thomas, a former police officer, has posted the letter on City Hall's e-gov web portal, which is a newly opened window that offers a degree of unprecedented transparency into governmental activities.

"As you know I was shot twice in 2006. You may not be aware it was the same juvenile on both occasions. In July it was only a flesh wound, but in Nov it was nearly fatal. I credit the quick action of the police and fire department for getting me to the hospital on time. I was bleeding internally and ended up losing a gallon of blood. The only time I saw the detectives was when I woke up after five hours of emergency surgery. I have no idea what I told them."

Robert Mlinar's letter is raw, uncensored and boiling. Clark Street Blog spotted the letter first and noted:

"The letter relates one family's experiences with crime and paints a picture of the CPD as grossly incompetent and uninterested. Truly unbelievable. Two bets I would not make: local media will investigate and report this; and the city manager and mayor will will follow up and demand accountability."

One quibble with WestEnder, Clark Street's author. The fact that City Hall's portal exists -- and the letter is available for all the world to see -- is itself a powerful new tool for raising issues of accountability in a public forum.