Comments on: Prosecutors lend letterhead to debt collectors

By: ShelbyC

ShelbyC — Wed, 19 Sep 2012 01:57:29 +0000

The prosecutors’ conduct was clearly deceptive here. Every prosecutor involved in this should be disbarred.

By: VMS

VMS — Wed, 19 Sep 2012 00:03:52 +0000

It seems to violate the Fair Debt Collections Practices Act. The DAs and the debt collectors may be jointly liable for this practice. No prosecutorial immunity here!

By: David Schwartz

David Schwartz — Tue, 18 Sep 2012 23:30:03 +0000

AA: The kickback is in exchange for the letterhead and signature which, I’m thinking, probably increases the number of people who pay.

By: Anonymous Attorney

Anonymous Attorney — Tue, 18 Sep 2012 19:23:26 +0000

I do not see any justification for the kickback from the collection agency to the distict attorney. What’s that for? Other than a way for the agency to ingratiate inself with the district attorney? Seems to me that any money you squeeze out of someone in the criminal context has to have some legitimate basis: a legislatively-set fine, a court cost, etc.

The whole thing is just greasy. On the other hand, who accepts paper checks anymore?

By: Kevin

Kevin — Tue, 18 Sep 2012 18:55:59 +0000

There is also an ethical rule against deceptive conduct, and I know there are decisions holding that various types of attorney letterheads may violate that rule. A solo practitioner who calls himself “Greenfield and Associates,” for example, is probably violating that rule because there are no “associates.” (Scott Greenfield doesn’t do this; I just needed a name for my example.) So to me it’s pretty obvious that this use of letterhead also violates that rule. It ought to be challenged on that basis.

There are also rules against splitting fees with non-lawyers in some circumstances (and in some jurisdictions). That might also be worth a look in this situation.

By: L Nettles

L Nettles — Tue, 18 Sep 2012 10:51:11 +0000

And yet robosigning was a national scandal

By: Bill Poser

Bill Poser — Tue, 18 Sep 2012 05:30:52 +0000

Isn’t there a widespread ethical rule against threatening criminal prosecution to gain an advantage in a civil matter which these prosecutors are violating? I suppose that the kickbacks are not technically bribes since they go to the government and not to the prosecutors personally.