Des Moines, Polk County, Iowa. Five Counts of Fraudulent Sales Practice allegations were dismissed against a Des Moines Bail bond agent after when the court found that the State’s evidence did not establish any intent to defraud associated with the allegations. GRL’s client was accused of utilizing a person who did not have a bail bond agent license to complete portions of the bail bond process. The prosecution claimed that allowing this person to engage in what were administrative tasks when they did not possess a bail bond license amounted to fraudulent sales practice even though the bail bonds agents who were licensed, signed all of the paperwork. Fraudulent Sales Practice requires the prosecution to prove that the defendant engaged in prohibited conduct with the specific intent to defraud another person. In this case, everyone involved in each transaction received everything they were contracted to receive and there was no evidence of any intent to steal money or property from anyone. As such, the essential element of the intent to defraud could not be established. GRL’s client was facing Class D felony charges for each count which carry a possible sentence of up to five years in prison. All charges were dismissed by the court.
