United States v. Eleuteria Felix-Meza, and Surety Flores Bail Bonds, Claimant-Appellant

Flores Bail Bonds (“Flores”) appeals the judgment on default of a bail bond.

Felix-Meza was arrested on heroin charges. Her bail was set at $35,000 cash or corporate surety. Flores filed a $35,000 corporate surety bond on Felix-Meza’s behalf, obtaining cash collateral in the amount of the bond from Felix-Meza’s cousin. Felix-Meza was released from custody. She did not appear for trial. The court issued an arrest warrant and ordered bail forfeited. Flores was not notified of the forfeiture order.

Shortly thereafter, Felix-Meza’s cousin informed Flores the charges against Felix-Meza had been dismissed, and asked Flores to return the collateral. Flores requested and received a certificate of discharge of the bond under seal from the court clerk. Flores returned the collateral in reliance on the certificate.

The Government moved for judgment on the bond. An evidentiary hearing was held. The court clerk testified that the certificate of discharge had been issued in error. The court concluded Flores’ otherwise justifiable reliance on the court clerk’s representations was outweighed by Flores’ failure to perform his duties as bail bondsman. The court noted:

The court entered judgment…