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.
Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.235 Filed 06/27/25 Page 2 of 19
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.
2
Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.236 Filed 06/27/25 Page 3 of 19
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.
3
Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.237 Filed 06/27/25 Page 4 of 19
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
4
Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.238 Filed 06/27/25 Page 5 of 19
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”).
5
Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.239 Filed 06/27/25 Page 6 of 19
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;
6
Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.240 Filed 06/27/25 Page 7 of 19
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
7
Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.241 Filed 06/27/25 Page 8 of 19
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
8
Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.242 Filed 06/27/25 Page 9 of 19
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.
9
Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.243 Filed 06/27/25 Page 10 of 19
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
10
Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.244 Filed 06/27/25 Page 11 of 19
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
11
Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.245 Filed 06/27/25 Page 12 of 19
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).
12
Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.246 Filed 06/27/25 Page 13 of 19
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,
13
Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.247 Filed 06/27/25 Page 14 of 19
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.
14
Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.248 Filed 06/27/25 Page 15 of 19
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.
15
Case 2:22-cv-11432-DML-JJCG ECF No. 46-1, PageID.249 Filed 06/27/25 Page 16 of 19
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
File and source
- File
- 46-att1-settlement.pdf
- Size
- 756,280 bytes
- SHA-256
- 23bdf6f9638cbedbd81a6beae02bbe018f09fe10eefbed55c58ce54321550d99
- Our copy
- 46-att1-settlement.pdf
- Original
- archive.org