Article- What A Federal Kidnapping Case Means For Recovery Agents

 What A Federal Kidnapping Case Means For Recovery Agents

by Ken W. Good

(This article originally appeared in Law 360)  was published on March 7, 2025)

Stephanie Plum, the fictional bounty hunter in Janet Evanovich's popular book series, often turns her misadventures into comedy. But in real life, the business of tracking down fugitives is no laughing matter.

Wayne Lozier, a licensed recovery agent — colloquially referred to as a "bounty hunter" — from Louisiana, found himself facing federal kidnapping charges after apprehending a defendant who had skipped court. Despite working under a lawful contract with a bail bondsman and with a valid warrant, Lozier's actions led to a 10-year prison sentence, until a December decision in U.S. v. Lozier in the U.S. Court of Appeals for the Eighth Circuit reversed the ruling and ordered a new trial.

This case raises pressing questions for attorneys giving advice about the risks surrounding fugitive recovery and the balance between state and federal authority in such cases. For instance, when a defendant flees the state over a misdemeanor charge and extradition is not possible, how can a surety fulfill its promise to the trial court to ensure that the defendant will appear?

Further, what is the risk that the state or the federal government may take the side of a defendant who willfully flees one jurisdiction, and pursue federal kidnapping charges against the recovery agent? Attorneys advising recovery agents will need to grapple with these thorny legal questions.

Lozier was hired to locate and return Rebecca Carman, who had been arrested in Louisiana and charged with two misdemeanor counts of assault-family violence. She was released on bonds totaling $10,000, but later failed to appear in court. After missing her court date, she traveled to Florida for drug treatment. Upon leaving rehab, she relocated to Missouri, where she stayed with a friend she met during treatment.

When Carman missed her court date, her bonds were forfeited and the trial court issued a warrant for her arrest. In response, her bondsman hired Lozier, a licensed recovery agent based in Gretna, Louisiana, to locate and ensure her return to court. Lozier owned and operated a business called "Bayou Boyz," and frequently worked alongside his colleague, Jody Sullivan.

Lozier and Sullivan tracked Carman from Florida to Missouri, where she had concealed her whereabouts from family and friends. Several months after she relocated to St. Peters, Missouri, they discovered her location. Lozier entered the house, found Carman in the basement and confirmed her identity before placing her in handcuffs. While her friend called 911, Lozier and Sullivan escorted Carman to their SUV and drove away.

Before leaving Missouri, concerns arose about the propriety of Lozier and Sullivan's actions. A police officer, after obtaining Lozier's phone number from the bail-bond company, contacted him directly and instructed him to either return Carman to St. Peters or drop her off at a designated local police station in Missouri.

Lozier, however, did not comply. Upon entering Mississippi, he and Sullivan began to have doubts regarding their actions and whether they acted properly since they were not licensed recovery agents under Missouri law. As a result, they delivered Carman to a Mississippi police station. She later returned to Louisiana, where she pled guilty to the pending charges.

The state of Missouri declined to file any charges against Lozier or Sullivan regarding Carman's recovery.

However, a federal grand jury for the . . .

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