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Settlement Agreement — United States, Delta Staffing LLC and Aidan Forsyth (ECF No. 46-1, filed June 27, 2025)

Summary

Settlement Agreement filed June 27, 2025 as ECF No. 46-1 in U.S. ex rel. Forsyth v. Delta Staffing, et al., No. 2:22-cv-11432, U.S. District Court for the Eastern District of Michigan, among the United States, Delta Staffing LLC and relator Aidan Forsyth. The recitals state that the United States contends Delta Staffing falsely certified in two PPP loan applications that neither it nor any owner had been placed on parole or probation for a felony within the last five years, and that the Agreement is neither an admission of liability nor a concession that the claims are not well founded. Delta Staffing agrees to pay $924,483.84 plus applicable interest, of which $462,241.92 is restitution, with an Initial Payment of $200,483.84, and the relator's share is 15 percent of each payment received. The 19-page agreement ends with signature blocks and Exhibit A, a payment schedule.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Settlement Agreement — United States, Delta Staffing LLC and Aidan Forsyth (ECF No. 46-1, filed June 27, 2025).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-22-cv-11432-dkt-46-1-e-d-mich-e23346cfb6/, SHA-256 23bdf6f9638cbedbd81a6beae02bbe018f09fe10eefbed55c58ce54321550d99.

Full text

Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.234 Filed 06/27/25 Page 1 of 19




                                  SETTLEMENT AGREEMENT

        This Settlement Agreement (“Agreement”) is entered into among the United States of

 America, acting through the United States Attorney’s Office for the Eastern District of Michigan

 and on behalf of the United States Small Business Administration (“SBA”) (collectively, the

 “United States”), Delta Staffing LLC (“Delta Staffing”), and Aidan Forsyth (“Relator”)

 (hereafter collectively referred to as “the Parties”), through their authorized representatives.

                                             RECITALS

        A.      Delta Staffing is a Michigan limited liability company with a principal place of

 business in Clarkston, Michigan.

        B.      At all relevant times to this Agreement, Bradley T. McKouen (“Mr. McKouen”)

 owned and operated Delta Staffing.

        C.      On June 21, 2022, Aidan Forsyth filed a qui tam action in the United States

 District Court for the Eastern District of Michigan against Delta Staffing captioned U.S. ex rel.

 Forsyth v. Delta Staffing, et al., No. 2:22-cv-11432, pursuant to the qui tam provisions of the

 False Claims Act, 31 U.S.C. § 3730(b) (the “Civil Action”).

        D.      The Paycheck Protection Program (“PPP”) was established under the Coronavirus

 Aid, Relief, and Economic Security Act, to aid small businesses suffering economically because

 of the COVID-19 pandemic. The PPP provided forgivable loans for employee payroll and certain

 other eligible expenses.

        E.      PPP loans were processed by participating lenders, which received a processing

 fee from the SBA. If a PPP loan was approved, the participating lender funded the loan, which

 was guaranteed by the SBA up to the full amount of the loan.
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        F.      Delta Staffing obtained a first draw PPP loan identified as SBA Loan Number

 1271317207 with a principal loan amount of $218,700.00 (“First Draw Loan”).

        G.      Delta Staffing obtained a second draw PPP loan identified as SBA Loan Number

 5733628500 with a principal loan amount of $218,700.00 (“Second Draw Loan”).

        H.      Delta Staffing obtained from the SBA full loan forgiveness for the First and

 Second Draw Loans, thereby causing the SBA to reimburse the lenders a total of $462,241.92.

        I.      Prior to the First and Second Draw Loans, Mr. McKouen pleaded guilty to felony

 Tax Evasion, in violation of 26 U.S.C. § 7201, in the United States District Court for the Eastern

 District of Michigan, captioned U.S. v. Bradley T. McKouen, No. 14-cr-20150-1.

        J.      Following his conviction for felony Tax Evasion, Mr. McKouen received a

 sentence of a term of imprisonment followed by supervised release. Mr. McKouen’s supervised

 release began on May 11, 2016 and terminated February 20, 2018.

        K.      The United States contends that it has certain civil claims against Delta Staffing

 related to the First and Second Draw Loans. Specifically, the United States contends that Delta

 Staffing violated the False Claims Act, 31 U.S.C. §§ 3729–33, when it falsely certified that

 neither Delta Staffing, nor any of its owners, had, within the last five years, for any felony, (1)

 been convicted; (2) pleaded guilty; (3) pleaded nolo contendere; or (4) had been placed on any

 form of parole or probation. In reality, however, Mr. McKouen had, within the last five years,

 been placed on supervised release resulting from his felony conviction for Tax Evasion, thereby

 rendering Delta Staffing and Mr. McKouen categorically ineligible for the PPP. That conduct is

 referred to below as the “Covered Conduct.”

        L.      This Agreement is neither an admission of liability by Delta Staffing, nor a

 concession by the United States that its claims are not well founded.



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         M.      Relator claims entitlement under 31 U.S.C. § 3730(d) to a share of the proceeds of

 this Agreement and to Relator’s reasonable expenses, attorneys’ fees and costs.

         To avoid the delay, uncertainty, inconvenience, and expense of protracted litigation of the

 above claims, and in consideration of the mutual promises and obligations of this Agreement, the

 Parties agree and covenant as follows:

                                    TERMS AND CONDITIONS

         1.      Delta Staffing shall pay to the United States $924,483.84, plus applicable interest

 (“Settlement Amount”), of which $462,241.92 is restitution, by electronic funds transfer

 pursuant to written instructions to be provided by the United States Attorney’s Office for the

 Eastern District of Michigan as follows:

                 a.      Within 10 days of the Effective Date of this Agreement, Delta Staffing

 will make a payment to the United States in the amount of $200,483.84 (“Initial Payment”).

                 b.      Over a period of four years (16 quarters), Delta Staffing will pay the

 remaining $724,000, plus interest at a rate of 4.0% per annum, in quarterly installments pursuant

 to the payment schedule attached as Exhibit A (“Payments Over Time”).

                 c.      If Delta Staffing or any of its affiliates is sold, merged, or transferred, or a

 significant portion of the assets of Delta Staffing or any of its affiliates is sold, merged, or

 transferred into another non-affiliated entity, then Delta Staffing shall promptly notify the United

 States, and all remaining payments owed pursuant to this Agreement shall be accelerated and

 become immediately due and payable.

                 d.      The Settlement Amount may be prepaid, in whole or in part, without

 penalty or premium.




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        2.      In addition to the Initial Payment and Payments Over Time made pursuant to

 Paragraph 1, above, if Delta Staffing’s total income exceeds $4,000,000 within any of the next

 four years (2025, 2026, 2027, and 2028), then Delta Staffing agrees to pay to the United States

 the following contingent payments (“Contingent Payments”):

                a.        Delta Staffing will pay 5% of its Total Income greater than $4,000,000 to

 the United States for each year covered by this Agreement. “Total Income” shall be defined as

 the “Total Income” reported by Delta Staffing on its IRS Form 1120-S (line 6 in 2024), or its

 equivalent, for each corresponding tax year.

                b.        Contingent Payments are in addition to, and not in lieu of, the Initial

 Payment and Payments Over Time. The sum of the Initial Payment, Payments Over Time, and

 Contingent Payments shall not exceed the Settlement Amount.

                c.        Delta Staffing will calculate Contingent Payments annually, if any, and

 will pay each year’s Contingent Payment by April 30 of the following year. If no Contingent

 Payment is due for a particular year, then Delta Staffing shall provide written notice to that effect

 to the United States Attorney’s Office for the Eastern District of Michigan, 211 W. Fort Street,

 Detroit, Michigan 48226 Attn: Chief, Affirmative Litigation Unit. Contingent Payments shall be

 made by electronic funds transfer to the United States in the same or similar manner as provided

 in Paragraph 1, above.

                d.        No later than April 30 of each applicable year, Delta Staffing will provide

 its filed federal tax returns, along with all supporting documentation and information reasonably

 necessary for the United States to determine the Contingent Payment amount(s), if any, owed by

 Delta Staffing under this Agreement. Delta Staffing will use best efforts to timely file all federal

 and state tax returns by April 15 for each year covered by this Agreement, and will not request



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 an extension of that tax filing deadline, unless the reason(s) for seeking such extension are first

 disclosed to the United States in writing to the United States Attorney’s Office at the address

 listed in Paragraph 2.c.

                  e.     Delta Staffing agrees that it will not restructure its business in a manner

 that would reduce or eliminate a Contingent Payment that would otherwise be due under this

 Agreement. In the event Delta Staffing has a legitimate need to materially restructure its

 business, Delta Staffing will provide advanced notice to the United States in writing to the

 United States Attorney’s Office for the Eastern District of Michigan at the address listed in

 Paragraph 2.c.

                  f.     Delta Staffing agrees that any nondisclosure, false statement, or

 misrepresentation related to Contingent Payments shall be a material breach of this Agreement.

        3.        Conditioned upon the United States receiving any payment required by

 Paragraphs 1 or 2 of this Agreement, and as soon as feasible after receipt, the United States shall

 pay to Relator by electronic funds transfer 15 percent of each such payment received under the

 Agreement (“Relator’s Share”).

        4.        Delta Staffing agrees to refrain from requesting loan forgiveness regarding any

 Economic Injury Disaster Loans obtained from the SBA, including SBA Loan Number

 6370337810, and shall repay the loan(s) consistent with the terms of the applicable promissory

 note(s).

        5.        Delta Staffing and Relator have entered into a separate agreement with respect to

 the payment by Delta Staffing of Relator’s attorneys’ fees and costs pursuant to 31 U.S.C.

 § 3730(d) (“Relator’s Statutory Fee Claim”).




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        6.      Subject to the exceptions in Paragraph 8 (concerning reserved claims), Paragraph

 11 (concerning disclosure of assets), Paragraph 15 (concerning default), and Paragraph 16

 (concerning bankruptcy) below, and conditioned upon the United States’ receipt of the full

 Settlement Amount, the United States releases Delta Staffing from any civil or administrative

 monetary claim the United States has for the Covered Conduct under the False Claims Act, 31

 U.S.C. §§ 3729-3733; the Program Fraud Civil Remedies Act, 31 U.S.C. §§ 3801-3812; or the

 common law theories of breach of contract, payment by mistake, unjust enrichment, and fraud.

        7.      Subject to the exceptions in Paragraph 8 (concerning reserved claims), Paragraph

 11 (concerning disclosure of assets), Paragraph 15 (concerning default), and Paragraph 16

 (concerning bankruptcy) below, and conditioned upon the United States’ receipt of the

 Settlement Amount, Relator, for himself and for his heirs, successors, attorneys, agents, and

 assigns, releases Delta Staffing from any civil monetary claim the Relator has on behalf of the

 United States for the Covered Conduct under the False Claims Act, 31 U.S.C. §§ 3729-3733.

        8.      Notwithstanding the release given in Paragraph 6 of this Agreement, or any other

 term of this Agreement, the following claims and rights of the United States are specifically

 reserved and are not released:

                a.     Any liability arising under Title 26, U.S. Code (Internal Revenue Code);

                b.     Any criminal liability;

                c.     Except as explicitly stated in this Agreement, any administrative liability

                       or enforcement right, or any administrative remedy, including the

                       suspension and debarment rights of any federal agency;

                d.     Any liability to the United States (or its agencies) for any conduct other

                       than the Covered Conduct;



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                 e.     Any liability based upon obligations created by this Agreement; and

                 f.     Any liability of individuals.

           9.    Relator and his heirs, successors, attorneys, agents, and assigns shall not object to

 this Agreement but agree and confirm that this Agreement is fair, adequate, and reasonable under

 all the circumstances, pursuant to 31 U.S.C. § 3730(c)(2)(B). Conditioned upon Relator’s receipt

 of the Relator’s Share, Relator and his heirs, successors, attorneys, agents, and assigns fully and

 finally release, waive, and forever discharge the United States, its agencies, officers, agents,

 employees, and servants, from any claims arising from the filing of the Civil Action or under 31

 U.S.C. § 3730, and from any claims to a share of the proceeds of this Agreement and/or the Civil

 Action.

           10.   Relator, for himself, and for his heirs, successors, attorneys, agents, and assigns,

 releases Delta Staffing, and its officers, agents, and employees, from any liability to Relator

 arising from the filing of the Civil Action, or Relator’s Statutory Fee Claim.

           11.   Delta Staffing has provided sworn financial disclosures and supporting documents

 (“Financial Disclosures”) to the United States and the United States has relied on the accuracy

 and completeness of those Financial Disclosures in reaching this Agreement. Delta Staffing

 warrants that the Financial Disclosures are complete, accurate, and current as of the Effective

 Date of this Agreement. If the United States learns of asset(s) in which Delta Staffing had an

 interest of any kind as of the Effective Date of this Agreement (including, but not limited to,

 promises by insurers or other third parties to satisfy Delta Staffing’s obligations under this

 Agreement) that were not disclosed in the Financial Disclosures, or if the United States learns of

 any false statement or misrepresentation by Delta Staffing on, or in connection with, the

 Financial Disclosures, and if such nondisclosure, false statement, or misrepresentation changes



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 the estimated net worth set forth in the Financial Disclosures by $100,000 or more, the United

 States may at its option: (a) rescind this Agreement and reinstate its suit or file suit based on the

 Covered Conduct or (b) collect the full Settlement Amount in accordance with the Agreement

 plus one hundred percent (100%) of the net value of Delta Staffing’s previously undisclosed

 assets. Delta Staffing agrees not to contest any collection action undertaken by the United States

 pursuant to this provision, and agrees that it will immediately pay the United States the greater of

 (i) a ten-percent (10%) surcharge of the amount collected in the collection action, as allowed by

 28 U.S.C. § 3011(a), or (ii) the United States’ reasonable attorneys’ fees and expenses incurred

 in such an action. In the event that the United States opts to rescind this Agreement pursuant to

 this paragraph, Delta Staffing waives and agrees not to plead, argue, or otherwise raise any

 defenses under the theories of statute of limitations, laches, estoppel, or similar theories, to any

 civil or administrative claims that (a) are filed by the United States within 120 calendar days of

 written notification to Delta Staffing that this Agreement has been rescinded, and (b) relate to the

 Covered Conduct, except to the extent these defenses were available on the Effective Date of this

 Agreement.

        12.     Delta Staffing waives and shall not assert any defenses Delta Staffing may have to

 any criminal prosecution or administrative action relating to the Covered Conduct that may be

 based in whole or in part on a contention that, under the Double Jeopardy Clause in the Fifth

 Amendment of the Constitution, or under the Excessive Fines Clause in the Eighth Amendment

 of the Constitution, this Agreement bars a remedy sought in such criminal prosecution or

 administrative action.

        13.     Delta Staffing fully and finally releases the United States, its agencies, officers,

 agents, employees, and servants, from any claims (including attorneys’ fees, costs, and expenses



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 of every kind and however denominated) that Delta Staffing has asserted, could have asserted, or

 may assert in the future against the United States, its agencies, officers, agents, employees, and

 servants, related to the Covered Conduct and the United States’ investigation and prosecution

 thereof.

        14.     a.      Unallowable Costs Defined: All costs (as defined in the Federal

 Acquisition Regulation, 48 C.F.R. § 31.205-47) incurred by or on behalf of Delta Staffing, and

 its present or former officers, directors, employees, shareholders, and agents in connection with:

                        (1)    the matters covered by this Agreement;

                        (2)    the United States’ audit(s) and civil investigation(s) of the matters

                               covered by this Agreement;

                        (3)    Delta Staffing’s investigation, defense, and corrective actions

                               undertaken in response to the United States’ audit(s) and civil

                               investigation(s) in connection with the matters covered by this

                               Agreement (including attorneys’ fees);

                        (4)    the negotiation and performance of this Agreement; and

                        (5)    the payments Delta Staffing makes to the United States pursuant to

                               this Agreement, and any payments that Delta Staffing may make to

                               Relator, including costs and attorneys’ fees,

 are unallowable costs for government contracting purposes (hereinafter referred to as

 Unallowable Costs).

                b.      Future Treatment of Unallowable Costs: Unallowable Costs will be

 separately determined and accounted for by Delta Staffing, and Delta Staffing shall not charge

 such Unallowable Costs directly or indirectly to any contract with the United States.



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                 c.      Treatment of Unallowable Costs Previously Submitted for Payment:

  Within 90 days of the Effective Date of this Agreement, Delta Staffing shall identify and repay

  by adjustment to future claims for payment or otherwise any Unallowable Costs included in

  payments previously sought by Delta Staffing or any of its subsidiaries or affiliates from the

  United States. Delta Staffing agrees that the United States, at a minimum, shall be entitled to

  recoup from Delta Staffing any overpayment plus applicable interest and penalties as a result of

  the inclusion of such Unallowable Costs on previously-submitted requests for payment. The

  United States, including the Department of Justice and/or the affected agencies, reserves its

  rights to audit, examine, or re-examine Delta Staffing’s books and records and to disagree with

  any calculations submitted by Delta Staffing or any of its subsidiaries or affiliates regarding any

  Unallowable Costs included in payments previously sought by Delta Staffing, or the effect of

  any such Unallowable Costs on the amount of such payments.

         15.     The Settlement Amount represents the amount the United States is willing to

  accept in compromise of its civil claims arising from the Covered Conduct.

         a.      In the event that Delta Staffing fails to pay the Settlement Amount as provided in

  the payment schedule set forth in Paragraphs 1 and 2, above, Delta Staffing shall be in Default of

  Delta Staffing’s payment obligations (“Default”). The United States will provide a written

  Notice of Default, and Delta Staffing shall have an opportunity to cure such Default within seven

  (7) calendar days from the date of receipt of the Notice of Default by making the payment due

  under the payment schedule and paying any additional interest accruing under this Agreement up

  to the date of payment. Notice of Default will be delivered to Delta Staffing, or to such other

  representative as Delta Staffing shall designate in advance in writing. If Delta Staffing fails to

  cure the Default within seven (7) calendar days of receiving the Notice of Default and in the



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  absence of an agreement with the United States to a modified payment schedule (“Uncured

  Default”), the remaining unpaid balance of the Settlement Amount shall become immediately

  due and payable, and interest on the remaining unpaid balance shall thereafter accrue at the rate

  of 12% per annum, compounded daily from the date of Default, on the remaining unpaid total

  (principal and interest balance).

         b.      In the event of Uncured Default, Delta Staffing agrees that the United States, at its

  sole discretion, may (i) retain any payments previously made, rescind this Agreement and pursue

  the Civil Action or bring any civil and/or administrative claim, action, or proceeding against

  Delta Staffing for the claims that would otherwise be covered by the releases provided in

  Paragraph 6, above, with any recovery reduced by the amount of any payments previously made

  by Delta Staffing to the United States under this Agreement; (ii) take any action to enforce this

  Agreement in a new action or by reinstating the Civil Action; (iii) offset the remaining unpaid

  balance from any amounts due and owing to Delta Staffing and/or affiliated companies by any

  department, agency, or agent of the United States at the time of Default or subsequently; and/or

  (iv) exercise any other right granted by law, or under the terms of this Agreement, or

  recognizable at common law or in equity. The United States shall be entitled to any other rights

  granted by law or in equity by reason of Default, including referral of this matter for private

  collection. In the event the United States pursues a collection action, Delta Staffing agrees

  immediately to pay the United States the greater of (i) a ten-percent (10%) surcharge of the

  amount collected, as allowed by 28 U.S.C. § 3011(a), or (ii) the United States’ reasonable

  attorneys’ fees and expenses incurred in such an action. In the event that the United States opts to

  rescind this Agreement pursuant to this paragraph, Delta Staffing waives and agrees not to plead,

  argue, or otherwise raise any defenses of statute of limitations, laches, estoppel or similar



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  theories, to any civil or administrative claims that are (i) filed by the United States against Delta

  Staffing within 120 days of written notification that this Agreement has been rescinded, and (ii)

  relate to the Covered Conduct, except to the extent these defenses were available on the Effective

  Date of this Agreement. Delta Staffing agrees not to contest any offset, recoupment, and /or

  collection action undertaken by the United States pursuant to this paragraph, either

  administratively or in any state or federal court, except on the grounds of actual payment to the

  United States.

         16.       In exchange for valuable consideration provided in this Agreement, Delta Staffing

  and Relator acknowledge the following:

                   a.     Delta Staffing has reviewed its financial situation and warrants that it is

  solvent within the meaning of 11 U.S.C. §§ 547(b)(3) and 548(a)(1)(B)(ii)(I) and shall remain

  solvent following payment to the United States of the Settlement Amount.

                   b.     In evaluating whether to execute this Agreement, the Parties intend that

  the mutual promises, covenants, and obligations set forth herein constitute a contemporaneous

  exchange for new value given to Delta Staffing, within the meaning of 11 U.S.C. § 547(c)(1),

  and the Parties conclude that these mutual promises, covenants, and obligations do, in fact,

  constitute such a contemporaneous exchange.

                   c.     The mutual promises, covenants, and obligations set forth herein are

  intended by the Parties to, and do in fact, constitute a reasonably equivalent exchange of value.

                   d.     The Parties do not intend to hinder, delay, or defraud any entity to which

  Delta Staffing was or became indebted to on or after the date of any transfer contemplated in this

  Agreement, within the meaning of 11 U.S.C. § 548(a)(1).




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                  e.      If any of Delta Staffing’s payments or obligations under this Agreement

  are avoided for any reason (including but not limited to, through the exercise of a trustee’s

  avoidance powers under the Bankruptcy Code) or if, before the Settlement Amount is paid in

  full, Delta Staffing or a third party commences a case, proceeding, or other action under any law

  relating to bankruptcy, insolvency, reorganization, or relief of debtors seeking any order for

  relief of Delta Staffing’s debts, or to adjudicate Delta Staffing as bankrupt or insolvent; or

  seeking appointment of a receiver, trustee, custodian, or other similar official for Delta Staffing

  or for all or any substantial part of Delta Staffing’s assets, then (i) the United States may rescind

  the releases in this Agreement and bring any civil and/or administrative claim, action, or

  proceeding against Dela Staffing for the claims that would otherwise be covered by the releases

  provided in Paragraph 6 of this Agreement; and (ii) the United States has an undisputed,

  noncontingent, and liquidated allowed claim against Delta Staffing in the amount of $1,442,513,

  less any payments received pursuant to Paragraphs 1 and 2 of this Agreement, provided,

  however, that such payments are not otherwise avoided and recovered from the United States by

  Delta Staffing, a receiver, trustee, custodian, or other similar official; (iii) if any payments are

  avoided and recovered by a receiver, trustee, creditor, custodian, or similar official, the United

  States shall not be responsible for the return of any amounts already paid by the United States to

  the Relator; and (iv) if, notwithstanding subparagraph (iii), any amounts already paid by the

  United States to the Relator pursuant to Paragraph 3 are recovered from the United States in an

  action or proceeding filed by a receiver, trustee, creditor, custodian, or similar official in or in

  connection with a bankruptcy case that is filed within two years of the Effective Date of this

  Agreement or of any payment made under Paragraphs 1 and 2 of this Agreement, Relator shall,




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  within thirty days of written notice from the United States to the undersigned Relator’s counsel,

  return to the United States all amounts recovered from the United States.

         f.      Delta Staffing agrees that any civil and/or administrative claim, action, or

  proceeding brought by the United States under Paragraph 16.e is not subject to an "automatic

  stay" pursuant to 11 U.S.C. § 362(a) because it would be an exercise of the United States’ police

  and regulatory power. Delta Staffing shall not argue or otherwise contend that the United States'

  claim, action, or proceeding is subject to an automatic stay and, to the extent necessary, consents

  to relief from the automatic stay for cause under 11 U.S.C. § 362(d)(1). Delta Staffing waives

  and shall not plead, argue, or otherwise raise any defenses under the theories of statute of

  limitations, laches, estoppel, or similar theories, to any such civil or administrative claim, action,

  or proceeding brought by the United States within 120 days of written notification to Delta

  Staffing that the releases have been rescinded pursuant to this paragraph, except to the extent

  such defenses were available on the Effective Date of this Agreement.

         17.     This Agreement is intended to be for the benefit of the Parties only.

         18.     Upon receipt of the Initial Payment described in Paragraph 1, above, the United

  States and Relator shall promptly sign and file in the Civil Action a Joint Stipulation of

  Dismissal of the Civil Action pursuant to Rule 41(a)(1).

         19.     Except as provided in Paragraph 5, above, each Party shall bear its own legal and

  other costs incurred in connection with this matter, including the preparation and performance of

  this Agreement.

         20.     Each Party and signatory to this Agreement represents that it freely and

  voluntarily enters into this Agreement without any degree of duress or compulsion.




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         21.     This Agreement is governed by the laws of the United States. The exclusive

  venue for any dispute relating to this Agreement is the United States District Court for the

  Eastern District of Michigan. For purposes of construing this Agreement, this Agreement shall

  be deemed to have been drafted by all Parties to this Agreement and shall not, therefore, be

  construed against any Party for that reason in any subsequent dispute.

         22.     This Agreement constitutes the complete agreement between the Parties as to all

  claims in the Civil Action involving or on behalf of the United States. This Agreement may not

  be amended except by written consent of the Parties. Forbearance by the United States from

  pursuing any remedy or relief available to it under this Agreement shall not constitute a waiver

  of rights under this Agreement.

         23.     The undersigned counsel represent and warrant that they are fully authorized to

  execute this Agreement on behalf of the persons and entities indicated below.

         24.     This Agreement may be executed in counterparts, each of which constitutes an

  original and all of which constitute one and the same Agreement.

         25.     This Agreement is binding on Delta Staffing’s successors, transferees, heirs, and

  assigns.

         26.     This Agreement is binding on Relator’s successors, transferees, heirs, and assigns.

         27.     All Parties consent to the United States’ disclosure of this Agreement, and

  information about this Agreement, to the public.

         28.     This Agreement is effective on the date of signature of the last signatory to the

  Agreement (“Effective Date of this Agreement”). Facsimiles of signatures shall constitute

  acceptable, binding signatures for purposes of this Agreement.




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                       THE UNITED STATES OF AMERICA


   DATED: 6/10/2025        BY:   JEROME F. GORGON JR.
                                 United States Attorney



                                 ANTHONY C. GENTNER
                                 Assistant United States Attorney
                                 Eastern District of Michigan


                             DELTA STAFFING LLC



   DATED:                  BY:
                                 BRADLEY T. MCKOUEN
                                 Owner
                                 Delta Staffing LLC


   DATED:                  BY:
                                 ERIC NEMETH
                                 Varnum LLP
                                 Counsel for Delta Staffing LLC



                                    RELATOR



   DATED:                  BY:
                                 AIDAN FORSYTH


   DATED:                  BY:
                                 J. BRYAN QUESENBERRY
                                 Counsel for Aidan Forsyth




                                         16
Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.250 Filed 06/27/25 Page 17 of 19




           6/10/2025
Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.251 Filed 06/27/25 Page 18 of 19




                       THE UNITED STATES OF AMERICA


   DATED:                  BY:   JEROME F. GORGON JR.
                                 United States Attorney



                                 ANTHONY C. GENTNER
                                 Assistant United States Attorney
                                 Eastern District of Michigan


                             DELTA STAFFING LLC



   DATED:                  BY:
                                 BRADLEY T. MCKOUEN
                                 Owner
                                 Delta Staffing LLC


   DATED:                  BY:
                                 ERIC NEMETH
                                 Varnum LLP
                                 Counsel for Delta Staffing LLC



                                    RELATOR



   DATED: 6/4/2025         BY:
                                 AIDAN FORSYTH

            6/4/2025
   DATED:                  BY:
                                 J. BRYAN QUESENBERRY
                                 Counsel for Aidan Forsyth




                                         16
Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.252 Filed 06/27/25 Page 19 of 19




                                    EXHIBIT A
                            Debtor: Delta Staffing LLC
   Number    Due Date     Payment          Principal       Interest      Balance
                                                             4.0%
      1      10/1/2025    $ 49,132.73     $ 41,998.86     $ 7,133.87   $ 682,001.14
      2       1/1/2026    $ 49,132.73     $ 42,412.70     $ 6,720.03   $ 639,588.44
      3       4/1/2026    $ 49,132.73     $ 42,830.61     $ 6,302.12   $ 596,757.83
      4       7/1/2026    $ 49,132.73     $ 43,252.63     $ 5,880.10   $ 553,505.20
      5      10/1/2026    $ 49,132.73     $ 43,678.82     $ 5,453.91   $ 509,826.38
      6       1/1/2027    $ 49,132.73     $ 44,109.20     $ 5,023.53   $ 465,717.18
      7       4/1/2027    $ 49,132.73     $ 44,543.83     $ 4,588.90   $ 421,173.35
      8       7/1/2027    $ 49,132.73     $ 44,982.74     $ 4,149.99   $ 376,190.61
      9      10/1/2027    $ 49,132.73     $ 45,425.97     $ 3,706.76   $ 330,764.64
     10       1/1/2028    $ 49,132.73     $ 45,873.57     $ 3,259.16   $ 284,891.07
     11       4/1/2028    $ 49,132.73     $ 46,325.58     $ 2,807.15   $ 238,565.49
     12       7/1/2028    $ 49,132.73     $ 46,782.05     $ 2,350.68   $ 191,783.44
     13      10/1/2028    $ 49,132.73     $ 47,243.01     $ 1,889.72   $ 144,540.43
     14       1/1/2029    $ 49,132.73     $ 47,708.51     $ 1,424.22    $ 96,831.92
     15       4/1/2029    $ 49,132.73     $ 48,178.61      $ 954.12     $ 48,653.31
     16       7/1/2029    $ 49,132.71     $ 48,653.31      $ 479.40         $0
    Totals               $ 786,123.66    $ 724,000.00    $ 62,123.66


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