Pollard

Appellant David A. Clark, Jr. (Clark), a bail bondsman, appeals from an order that found he had no interest in certain real property obtained by one of his bail bond clients with embezzled funds, and enjoined him from executing or recording any instrument affecting the property.

On appeal, Clark challenges the order on jurisdictional, legal and constitutional grounds. We disagree with these challenges and affirm the order.

Background

Between January and May 1998, Deborah Lynne Pollard (Pollard) embezzled over $786,200 from her employer by setting up a fraudulent vendor account. Pollard used more than $200,000 of these proceeds to buy a $378,000 Sacramento residence (the property), financing the $175,000 remainder.

Pollard was arrested on January 12, 1999, and charged with grand theft and an aggravated white collar crime enhancement. The section 186.11 enhancement applies to large-scale frauds or embezzlements; it authorizes the superior court to issue, pursuant to a noticed petition, injunctions or any other protective relief to preserve assets or property in the charged person’s control; these assets and property can then be used to pay restitution and fines imposed…