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Has anybody ever dealt with a client in DPA (Deferred Prosecution Agreement)?
Thread poster: Davide Leone
Davide Leone
Davide Leone  Identity Verified
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Mar 10, 2021

A client of mine has violated antitrust laws and ended up being charged with one felony count of conspiracy against the United States. Rather than indicting the company, the government allowed a DPA (Deferred Prosecution Agreement) which I understand is a generous way by which my client is allowed to continue operating its business as far as they pay penalties, comply with the law, and honor their commitments. If they mess up again, then the government will go ahead with prosecution.
I tri
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A client of mine has violated antitrust laws and ended up being charged with one felony count of conspiracy against the United States. Rather than indicting the company, the government allowed a DPA (Deferred Prosecution Agreement) which I understand is a generous way by which my client is allowed to continue operating its business as far as they pay penalties, comply with the law, and honor their commitments. If they mess up again, then the government will go ahead with prosecution.
I tried to contact my client both by email and by phone to no avail. Emails are unanswered, and the phone is no longer in service. Also their website has been taken down. On the good side, the company still shows as active and in good standing on the State Secretary's website and there are no complaints filed with the Better Business Bureau.
Has anybody ever deal with a client in this kind of situation?
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Maria Teresa Borges de Almeida
Maria Teresa Borges de Almeida  Identity Verified
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@Davide Mar 11, 2021

I don’t understand what your problem is. Why to you want to contact them? You haven’t been paid or…?

 
Davide Leone
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That's the problem Mar 11, 2021

Teresa Borges wrote:

I don’t understand what your problem is. Why to you want to contact them? You haven’t been paid or…?


Yes Teresa, that's what the problem is. They owe me money for unpaid invoices, and I don't know what to do to get paid.
Since I've never dealt with a company in this kind of situation (under DPA), I was hoping that somebody had any experience with it so I can start figuring out what to expect.

[Edited at 2021-03-11 13:13 GMT]


 
Daryo
Daryo
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Someone must be running this company Mar 11, 2021

if it's still showing as "active" and they must have some publicly available contact details.

Not 100% sure about it, but I can't see why would this DPA (Deferred Prosecution Agreement) wipe out their debts, so they still owe you money.

Just contact them using their official contact information - there must be some somewhere.

Can't see any particular problem. Consider yourself lucky they were not closed down / gone bankrupt - THAT would be a real headache f
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if it's still showing as "active" and they must have some publicly available contact details.

Not 100% sure about it, but I can't see why would this DPA (Deferred Prosecution Agreement) wipe out their debts, so they still owe you money.

Just contact them using their official contact information - there must be some somewhere.

Can't see any particular problem. Consider yourself lucky they were not closed down / gone bankrupt - THAT would be a real headache for you.
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Maria Teresa Borges de Almeida
Maria Teresa Borges de Almeida  Identity Verified
Portugal
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English to Portuguese
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@Davide Mar 11, 2021

I’ve never been in that situation and I had never heard of DPAs before. If I were in your shoes I would contact a lawyer ASAP…

 
Davide Leone
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@Teresa Mar 11, 2021

Teresa Borges wrote:

I’ve never been in that situation and I had never heard of DPAs before. If I were in your shoes I would contact a lawyer ASAP…

Indeed that's what I'm doing this morning, that is contact a lawyer specialized in debt collection. I surely hope he can help.
Thanks for your input Teresa.


 
Liviu-Lee Roth
Liviu-Lee Roth
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if they have the headquarters in the same city Mar 11, 2021

It is cheaper to take them to the Small Claims Court. ($60-80)

 
Davide Leone
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@Daryo Mar 11, 2021

Daryo wrote:

if it's still showing as "active" and they must have some publicly available contact details.

Not 100% sure about it, but I can't see why would this DPA (Deferred Prosecution Agreement) wipe out their debts, so they still owe you money.

Just contact them using their official contact information - there must be some somewhere.

Can't see any particular problem. Consider yourself lucky they were not closed down / gone bankrupt - THAT would be a real headache for you.


My client is a corporation therefore they have a Registered Agent listed in the State Secretary's website.
This morning I was able to talk on the phone with this Registered Agent who told me that the company ceased operations and that he no longer represents them. So he is either lying or the information on the State Secretary's website hasn't been updated yet. He also said that the company will proceed with dissolution without filing for bankruptcy because they didn't have any asset.
I think my best shot at this point is to rely on a lawyer to figure out what to do. I also thought about filing a claim with the small claim court, but is it worth winning a judgement on a company which is shutting down and has no assets?


 
Davide Leone
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@Liviu-Lee Mar 11, 2021

Liviu-Lee Roth wrote:

It is cheaper to take them to the Small Claims Court. ($60-80)


Unfortunately the company is located in another state, a thousand miles away from where I live.
I'm still considering small claims court however because the company owes me a few thousand dollars (less than five thousand though).


 
Daryo
Daryo
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Doesn't sound rigth Mar 12, 2021

Davide Leone wrote:

Daryo wrote:

if it's still showing as "active" and they must have some publicly available contact details.

Not 100% sure about it, but I can't see why would this DPA (Deferred Prosecution Agreement) wipe out their debts, so they still owe you money.

Just contact them using their official contact information - there must be some somewhere.

Can't see any particular problem. Consider yourself lucky they were not closed down / gone bankrupt - THAT would be a real headache for you.


My client is a corporation therefore they have a Registered Agent listed in the State Secretary's website.
This morning I was able to talk on the phone with this Registered Agent who told me that the company ceased operations and that he no longer represents them. So he is either lying or the information on the State Secretary's website hasn't been updated yet. He also said that the company will proceed with dissolution without filing for bankruptcy because they didn't have any asset.
I think my best shot at this point is to rely on a lawyer to figure out what to do. I also thought about filing a claim with the small claim court, but is it worth winning a judgement on a company which is shutting down and has no assets?


Don't know the technical details for US, but in UK someone "not representing any longer a company" would triple quick make sure that the fact is recorded in the relevant official register of companies.

Also, from what I could find about DPA, it they were about to shut down they wouldn't obtain one. The whole point of a DPA is to avoid "terminating" the business - in UK only big viable businesses (close to the category "too big to fail") get to agree a DPA instead of being prosecuted.

Obtaining a DPA instead of being prosecuted and then shutting down and having no assets"? Being some "small fry" company with no assets and at the same time being big enough to be able to break antitrust laws? Yeah, sure ...

I would check all that by myself.

[Edited at 2021-03-12 00:50 GMT]


Kuochoe Nikoi-Kotei
 
Adieu
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Really? Mar 12, 2021

Daryo wrote:

if it's still showing as "active" and they must have some publicly available contact details.

Not 100% sure about it, but I can't see why would this DPA (Deferred Prosecution Agreement) wipe out their debts, so they still owe you money.

Just contact them using their official contact information - there must be some somewhere.

Can't see any particular problem. Consider yourself lucky they were not closed down / gone bankrupt - THAT would be a real headache for you.


I sort of see it.

They may have run away to somewhere that don't extradite while they still have their passports and aren't on no-fly lists


Also, State Secretary and BBB are in no way, shape, or form sources of current, up-to-date information.

[Edited at 2021-03-12 05:43 GMT]


 
Maria Teresa Borges de Almeida
Maria Teresa Borges de Almeida  Identity Verified
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@Davide Mar 12, 2021

Something is rather fishy here: would the government consent to a DPA which as you say allows them to continue operating as far as they pay penalties if they had no assets?

 
Davide Leone
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@Adieu Mar 12, 2021

Adieu wrote:

Daryo wrote:

if it's still showing as "active" and they must have some publicly available contact details.

Not 100% sure about it, but I can't see why would this DPA (Deferred Prosecution Agreement) wipe out their debts, so they still owe you money.

Just contact them using their official contact information - there must be some somewhere.

Can't see any particular problem. Consider yourself lucky they were not closed down / gone bankrupt - THAT would be a real headache for you.


I sort of see it.

They may have run away to somewhere that don't extradite while they still have their passports and aren't on no-fly lists


Also, State Secretary and BBB are in no way, shape, or form sources of current, up-to-date information.

[Edited at 2021-03-12 05:43 GMT]


Which source would have up-to-date information? I thought that the State Secretary and the BBB were good sources.
It's the first time that I deal with a situation like this, and I really don't know what to do.


 
Davide Leone
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@Teresa Mar 12, 2021

Teresa Borges wrote:

Something is rather fishy here: would the government consent to a DPA which as you say allows them to continue operating as far as they pay penalties if they had no assets?


It is very fishy. I found online in the Department of Justice's website the whole DPA agreement which states that the company is allowed to continue doing business, yet it appears that they chose to shut down anyway. Phone line and website were taken down and emails are unanswered. The person who shows as Registered Agent on the State Secretary's website told me that the company went out of business and that he no longer represents them.
I'm not sure what hope is there to collect money even with the help of a lawyer or collection agency.


 
Maria Teresa Borges de Almeida
Maria Teresa Borges de Almeida  Identity Verified
Portugal
Local time: 12:49
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@Davide Mar 12, 2021

Chasing clients for money they owe you for work you have done isn't fun and is probably the hardest part of the job. I do hope the money they owe you isn't huge. Good luck!

 
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