Victor Thornwall Jeffers, as Principal, & Betty I. Jeffers, William O. Barfield, Marvin McDaniel & L. R. Jeffers, as Sureties v. United States, 588 F.2d 425 (4th Cir. 1978). · Go Syfert
Victor Thornwall Jeffers, as Principal, & Betty I. Jeffers, William O. Barfield, Marvin McDaniel & L. R. Jeffers, as Sureties v. United States, 588 F.2d 425 (4th Cir. 1978). Cases Citing This Book View Copy Cite
23 citation events (10 in the last 25 years) across 15 distinct courts.
Strongest positive: North Carolina Fisheries Ass'n, Inc. v. Gutierrez (dcd, 2007-08-17)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) North Carolina Fisheries Ass'n, Inc. v. Gutierrez
D.D.C. · 2007 · quote attribution · 1 verbatim quote · confidence high
a court is not always required to accept the concessions of a party, particularly in a proceeding where the public interest, as distinguished from the government's, is at stake.
discussed Cited as authority (rule) State v. Mitchell
S.C. Ct. App. · 2016 · confidence medium
As to whether the estreatment amount was arbitrary and capricious: Ex parte Polk, 354 S.C. 8, 13 , 579 S.E.2d 329, 331 (Ct. App. 2003) ("Our courts have held the following factors, at the least, should be considered in determining whether, and to what extent, the bond should be remitted: (1) the purpose of the bond; (2) the nature and willfulness of the default; [and] (3) any prejudice or additional expense resulting to the State."); id. at 12-13 , 579 S.E.2d at 331 ("We note, however, that in determining whether any remission of the judgment is warranted, the trial court is not limited to con…
discussed Cited as authority (rule) Commonwealth v. Hann
Pa. · 2013 · confidence medium
“If a violation of a condition of release is more than technical, the court may require a substantial forfeiture to deter not only the defendant but others from future violations.” Jeffers v. United States, 588 F.2d 425, 427 (4th Cir.1978); Korecky, 777 A.2d at 936 .
discussed Cited as authority (rule) United States v. Sureties Tracy Nguyen Khanh Bui, Claimants-Appellants v. Vinh Huu Nguyen (2×)
9th Cir. · 2002 · confidence medium
Op. at 1116 9 See Sar-Avi, 255 F.3d at 1168 . 10 See Accredited Surety & Casualty Co. v. United States, 723 F.2d 368, 369-70 (4th Cir.1983) ("[A] forfeiture should bear some reasonable relation to the cost and inconvenience to the government and the courts."); Appearance Bond Surety v. United States, 622 F.2d 334, 337 (8th Cir.1980) ("Moreover, [the] forfeiture ought to bear some reasonable relation to the cost and inconvenience to the government of regaining custody....") (internal quotation marks omitted). 11 Amwest, 54 F.3d at 603-604 . 12 Id. at 604 . 13 Fed.R.Crim.P. 46(e)(2) & (4) (2001)…
discussed Cited as authority (rule) State v. Coronel
N.C. Ct. App. · 2001 · confidence medium
The fact of the defendant’s death must be weighed against certain factors in determining whether a forfeited bond may be remitted for “extraordinary cause.” In accordance with our jurisprudence in this area, these factors include the inconvenience and cost to the State and the courts, see Jeffers v. United States, 588 F.2d 425, 427 (1978); the diligence of sureties in staying abreast of the defendant’s whereabouts prior to the date of appearance and in searching for the defendant prior to his death; the surety’s diligence in obtaining information of the defendant’s death and the ri…
discussed Cited as authority (rule) American Bankers Insurance Co. v. United States
D.C. · 1991 · confidence medium
Rule 116(h)(1) provides that "[i]f there is a breach of condition of a bond, the Court shall declare a forfeiture of the bail.” Super.Ct.Crim.R. 116(h)(1) (emphasis added); cf. United States v. Gutierrez, 771 F.2d 1001, 1003 , (7th Cir.1985) (Fed.R.Crim.P. 46(e)(1), analogous to Super.Ct.Crim.R. 116(h)(1), requires a trial court to order forfeiture of the bond upon a breach of one of its conditions); Appearance Bond Surety v. United States, 622 F.2d 334, 336 (8th Cir.1980); United States v. Stanley, 601 F.2d 380, 382 (9th Cir.1979) (same); Jeffers v. United States, 588 F.2d 425, 426-27 (4th …
discussed Cited as authority (rule) In re Allegheny Mut. Cas. Co.
4th Cir. · 1986 · confidence medium
Accredited -Co. v. United States, 723 F.2d 368, 369-70 (4th Cir. 1983) (quoting Jeffers v. United States, 588 F.2d 425, 427 (4th Cir. 1978) ). 6 The district court found that the government's total expenses substantially exceeded the $56,000 it recovered from Allegheny's bond and the sale of Russell's real estate.
cited Cited as authority (rule) United States v. Chapel
D.P.R. · 1979 · confidence medium
Jeffers v. United States, 588 F.2d 425, 427 (C.A. 4, 1978). .
cited Cited "see" State v. Beck
Idaho Ct. App. · 2007 · signal: see · confidence high
See Jeffers v. United States, 588 F.2d 425 (4th Cir.1978); United States v. Bass, 573 F.2d 258 (5th Cir.1978); United States v. Zuluagar-Berrio, 377 F.Supp.2d 611 (W.D.Tex.2005).
cited Cited "see" Federal Deposit Insurance Corporation v. St. Paul Fire and Marine Insurance Company
6th Cir. · 1991 · signal: see · confidence high
See Jeffers v. United States, 588 F.2d 425, 427 (4th Cir.1978).
discussed Cited "see, e.g." State v. Korecky
N.J. · 2001 · signal: see also · confidence medium
See also Jeffers v. United States, 588 F.2d 425, 427 (4th Cir.1978) (“[I]f a violation of a condition of release is more than technical, the court may require a substantial forfeiture to deter not only the defendant but others from future violations.”); State v. Hedrick, 204 W.Va. 547 , 514 S.E.2d 397, 407 (1999) (same).
Retrieving the full opinion text from the archive…
Victor Thornwall JEFFERS, as Principal, and Betty I. Jeffers, William O. Barfield, Marvin McDaniel and L. R. Jeffers, as Sureties, Appellants,
v.
UNITED STATES of America, Appellee
78-5079.
Court of Appeals for the Fourth Circuit.
Dec 6, 1978.
588 F.2d 425
1978 U.S. App. LEXIS 7257
Jan S. Strifling, Columbia, S. C. (Herbert W. Louthian, Columbia, S. C., on brief), for appellants., Joel W. Collins, Jr., Asst. U. S. Atty., Columbia, S. C. (Thomas E. Lydon, Jr., U. S. Atty., and Mary G. Slocum, Asst. U. S. Atty., Columbia, S. C., on brief), for appellee.
Butzner, Haynsworth, Phillips.
Cited by 18 opinions  |  Published
BUTZNER, Circuit Judge:

Mrs. Betty I. Jeffers and three other sureties on the bail bond of the late Victor Jeffers appeal from the district court’s order denying remission of any part of the bond which was forfeited when Jeffers absconded. We affirm in part, vacate in part, and remand.

Victor Jeffers was convicted of conspiring to import marijuana into the United States and of related offenses. Although he had twice previously violated his conditions of release, the district court released him on bail in the amount of $109,500 pending appeal.

Jeffers absconded shortly after we affirmed his conviction. The district court then entered judgment of forfeiture in the entire amount of the bond. Seven weeks later, Jeffers was killed in an airplane crash in Jamaica. Following another hearing, the district court refused to remit any of the forfeiture and directed sale of the real estate tendered to the court by the sureties. In reaching this decision, the district court properly considered the sureties’ knowledge of the risk that they assumed, Jeffers’s willful flight to escape imprisonment, the inconvenience and expense imposed on the government, and the need to deter similar violations of the law.

The sureties contend that $11,500 in cash tendered by Betty Jeffers as part of the bond should be deemed a sufficient forfeiture, or in the alternative, that the forfeiture should be limited to the cash plus two tracts of unimproved land valued at approximately $45,000. They stress that the government’s efforts to locate Jeffers were closely linked to a search for a fugitive named Hawkins. They claim that except for the cost of identifying Jeffers’s body, the government’s search involved no expenses other than those necessarily incurred in looking for Hawkins, and they ask us to conclude that none of the search expenses are attributable to Jeffers.

The district court’s initial declaration of forfeiture was proper. Federal Rule of Criminal Procedure 46(e)(1) makes forfeiture mandatory upon a finding that there[*427] has been a breach of a condition of bail. See United States v. Foster, 417 F.2d 1254, 1257 (7th Cir. 1969). However, the command of Rule 46(e)(1) is “considerably tempered by the discretion and flexibility contained in 46(e)(2),” which permits the court to set aside a forfeiture “if it appears that justice does not require” its enforcement. See United States v. Nell, 169 U.S.App.D.C. 380, 382, 515 F.2d 1351, 1353 (1975). Furthermore, after entry of a judgment of forfeiture, Rule 46(e)(4) authorizes the court in the exercise of its discretion to “remit it in whole or in part under the conditions applying to the setting aside of forfeiture.”

Two competing principles control remission. First, a forfeiture should bear some reasonable relation to the cost and inconvenience to the government and the courts. United States v. Kirkman, 426 F.2d 747, 752 (4th Cir. 1970). Second, if a violation of a condition of release is more than technical, the court may require a substantial forfeiture to deter not only the defendant but others from future violations. See, e. g., United States v. Agueci, 379 F.2d 277, 278 (2d Cir. 1967). Applying these principles, we conclude that the district court properly rejected the arguments advanced by the sureties.

Nevertheless, the government’s own representations to the court indicate that a partial remission is appropriate. At the hearing on the motion to remit, the government submitted a memorandum which, although acknowledging that the court would be justified in refusing to remit any of the forfeiture, stated:

[Sjince Mr. Jeffers was killed in a plane crash, and since he left a wife and two children, the government is sure that the Court will bear this in mind and make some provisions for them. The government would suggest that the Jeffers’ residence on Prestwick Circle, which was put up as part of the bond, be exempted from the forfeiture, as well as the assets and inventory of the B & J Fence Company, which is a business that has been operated by Mrs. Jeffers from time to time.

Of course, a court is not always required to accept the concessions of a party, particularly in a proceeding where the public interest, as distinguished from the government’s, is at stake. Here, however, the government had information about its expenditures which it did not divulge to the court. [1] Because the government alone has the data necessary to calculate its expenditures, we believe that its concession should have been accepted in this adversary proceeding. Moreover, at the bail hearing, the court found that the collateral, excluding the Jeffers residence and the fence company, [2] had a net value of about $90,000. Although the precise value cannot be ascertained until the collateral is liquidated, the government’s representation that partial remission would satisfy the exactions of the law and the ends of justice appears to be reasonable.

Accordingly, we affirm the district court in part and remand the case with directions that the court modify its order denying remission by exempting Mrs. Jeffers’s residence and the fence company from forfeiture. Since the government has substantially prevailed, it shall recover its costs.

1

. As the government pointed out in its memorandum to the district court, it was not obliged to release this information unless the court required it to do so. United States v. Davis, 202 F.2d 621, 625 (7th Cir. 1953).

2

. At oral argument, we were told that the fence company now has no value.