District Attorneys rent out their letterhead to debt collectors, split the shakedown loot

Over 300 US district attorneys have made arrangements with strong-arm debt collectors, through which the debt collectors send out threatening notices on the DAs' letterhead to people who've allegedly bounced checks, and split the payments they get back (including hefty "service fees" levied by the collectors) with the DAs' offices. Jessica Silver-Greenberg writes in the NYT:

Debt collectors have come under fire for illegally menacing people behind on their bills with threats of jail. What makes this approach unusual is that the ultimatum comes with the imprimatur of law enforcement itself — though it is made before any prosecutor has determined a crime has been committed.
Prosecutors say that the partnerships allow them to focus on more serious crimes, and that the letters are sent only to check writers who ignore merchants’ demands for payment. The district attorneys receive a payment from the firms or a small part of the fees collected.
“The companies are returning thousands of dollars to merchants that is not coming at taxpayer expense,” said Ken Ryken, deputy district attorney with Alameda County.
Consumer lawyers have challenged the debt collectors in courts across the United States, claiming that they lack the authority to threaten prosecution or to ask for fees for classes when no district attorney has reviewed the facts of the cases. The district attorneys are essentially renting out their stationery, the lawyers say, allowing the companies to give the impression that failure to respond could lead to charges, when it rarely does.
“This is guilty until proven innocent,” said Paul Arons, a consumer lawyer in Friday Harbor, Wash., about two hours north of Seattle.

In Prosecutors, Debt Collectors Find a Partner (via Naked Capitalism)

(Image: Noah Berger for The New York Times)

I write books. My latest is a YA science fiction novel called Homeland (it's the sequel to Little Brother). More books: Rapture of the Nerds (a novel, with Charlie Stross); With a Little Help (short stories); and The Great Big Beautiful Tomorrow (novella and nonfic). I speak all over the place and I tweet and tumble, too.

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Sagodjur

Yeah, this doesn’t have conflict of interest written all over it…

Maybe some of the DA’s will turn around and go after the debt collectors for violating debt collection laws by partnering with the DA’s in the first place, so the DA’s office can collect an even bigger part of the payments.
- msbpodcast
  
  Yeah, this doesn’t have conflict of interest written all over it…
  
  Yeah, but what are you gonna do? Call the cops?
  
  When the rule of law get taken over by private interests, its time to look elsewhere for a place to live…
Matt G

Seems SLAAPy.
Boundegar

The public square has been for sale for decades. Why is this story even surprising?
- EH
  
  actually it’s been for sale for centuries. why are you trying to downplay it?
  - Boundegar
    
    You have a point.
- Antinous / Moderator
  
  Of course they don’t want a public square; that’s where we put the guillotine.
- http://www.disoriented.net/ angusm
  
  Even by that standard, this is just a little blatant. It’s like they don’t even care any more.
  
  Maybe DAs who rent their stationery like this should be required to wear NASCAR driver-style suits, with the names of their “sponsors” printed on them.
austinhamman

well guilty til proven innocent is so much more convenient, you just have to make the accusation and you can put the burden of proof on them, much simpler that way.
Halloween_Jack

Yet another checkmark on the Life Imitates Snow Crash list. (This specific thing wasn’t in Snow Crash, AFAIK, but that whole general public-sector-becomes-privatized thing is definitely in play.)
stephenl123

Looks like false impersonation and fraud to me.
http://tomxvesely.blogspot.com/ thomas vesely

is there an american institution that is not broken ?
connie1946

“strong-arm debt collectors” is tautological.

Debt collectors always strong-arm!
Davidktd

This is now happening in the uk. The last bastion of impartial law has been tarnished!!
- Antinous / Moderator
  
  The UK the last bastion of impartial law? Like how they allow private, unregulated companies to clamp your car and demand a ransom to unclamp it?
  - http://twitter.com/MrWeeble James Hardy
    
    Actually clamping on private land becomes a criminal offence at the end of the month when the Protection of Freedoms Act comes into force
    - Antinous / Moderator
      
      Yay. Even from 6,000 miles away, I was outraged.
Guest

deleted
http://www.jimdraws.com Thorzdad

I swear, the US is becoming more like Jennifer Government with each passing day.
Clevername

Aren’t most of these fellows elected? This sounds like a good reason to vote.
martin bento

Could any lawyers say: wouldn’t this be possible grounds for disbarment?
- Antinous / Moderator
  
  Do you even have to be an attorney to become DA? There are parts of the US where you can be voted in as a judge without any credentials.
abstract_reg

Dickens comes to America again.
http://germanwotd.com Amelia_G

Wish the USA could switch from paper, snail-mail checks to bank transfers (and then force the banks to stop fake-delaying and charging excess fees for the transfers). Switching to free fast bank transfers would be good economic infrastructure.
http://www.debtconsolidationcare.com/User/NathanielCopeland Nathaniel Copeland

This is just plain disturbing. It is disgusting to see lawmakers and public servants drop down to this level and throw the book down the drain in exchange for a few bucks. There is almost nothing you can do to fight such collectors unless you have the law on your side. Citizens would be helpless.