Bond Revocation – Forfeiture

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7^th Circuit Court of Appeals

Case No.: 14-2538

Case Name: United States of America v. Ignacio Torres

Officials: FLAUM, RIPPLE, and WILLIAMS, Circuit Judges.

Practice Area: Bond Revocation – Forfeiture

District Court finding that bond forfeiture appropriate for appellant when he left court mid-hearing and could not be located after.

“Gutierrez outlines a six-factor test for district courts to consider when deciding whether to set aside a bond forfeiture: “(1) the willfulness of defendant’s breach of conditions; (2) the participation of the sureties in apprehending the defendant; (3) the cost, inconvenience and prejudice suffered by the government as a result of the defendant’s breach; [] (4) any explanation of mitigating factors presented by the defendant [or surety];” (5) whether the surety is a professional bondsman or one of defendant’s friends or family members; and (6) the appropriateness of the amount of the bond. Id. at 1003–04 (internal citations omitted). The unique factors presented by this case do not easily align with the Gutierrez factors, so the district court’s failure to consider these factors is not unreasonable. The district court handled this tough case well. We sympathize with Sureties, but Torres’s continued flight weighs heavily in favor of forfeiture and a finding that the district court did not err. Like us, the district court seemed sympathetic to Sureties, having suggested that forfeiture would not have been necessary if Torres were in custody at the time the district court entered the forfeiture judgment, which was three months after Torres fled. Nonetheless, district courts should fully consider the Gutierrez factors before ordering bond forfeiture. This will ensure that district courts balance the appropriate factors in exercising its discretion and aid appellate review.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.