TTRK ? About the AGREEMENT LETTER !!!!

[Nijayli]

TTRK ,
Say you agreed to the settlement, and now DTV wants the device, and for you to sign this settlement letter. Is this agreement letter the same one for everyone?? I would want to make sure they could not come at you again for anything else prior to this. I have been reading, and from what I can understand you could stil be prosicuted , and not to sign any agreement. But if you do not sign how can you finalize this. I know a good attrny can read this and make descisions , but is this agreement a standrd one or are they or can they be different for different situations ??????? I am losing sleep over all of this . As you know my 1st attrny told this attrny for DTV that I had The EMU Board but never used it ECT........

[morgana]

There is one thing everyone needs to understand, and that is all these letters are civil prosecution. They are not criminal prosecutions. We all saw the difference between these two, with the OJ trail finding him not guilty, but the civil trial finding him guilty as hell.

Well this is some what the reverse situation here. You can settle with DTV and sign their agreement, but you need to have a lawyer make sure that in this agreement there is nothing that can then be used to prosecute you criminally. You see DTV does not have the choice about charging you criminally or not. That falls upon the District Attorney. He may decide that what you agreed to in the civil settlement, constitutes a crime and therefore, you then have to face criminal prosecution. I believe that many of the multiple purchasers will really have to be careful in that respect, as criminal prosecution is a very likely event.

Some will say that if DTV never files a complaint then the D.A. will never go ahead, and to some degree that may be true. But it is not unheard of for the D.A. to go ahead without the complaint, as it is the Federal law that is broken and it is that law you will be charged under. DTV could not intervene on your behalf, even if they were so inclined. As the civil settlement pretty much can be shown that the law was broken. It is very murky waters, and you really do need an attorney to make things so you can feel safe.

[REDx]

a good attorney can have it
written in such away that you
and dtv admit no guilt.
this is critcal because down the
road the feds may do a blanket
bust in a area trying to find
terrorist or other bad guys.
and just use the info to get
warrants. they have done it in
the past i.e. the world trade
center car bombing investigation.

[JD490]

My Attorney says if you get the right agreement and of course don't send anything to them sense you have already disposed of the device some time ago there shouldn't any future problems. There agreement says you agree to send them all the devices and declare you don't have any more. Sense you don't have the device they are speaking of you have nothing declare you might declare you won't buy a device in the future, but that doesn't say what you have done in the past. Remember in a criminal case they can't make you talk if you don't want to and with out that ability like in a civil case the district attorney will have a hard time getting a conviction from only an invoice that you bought a device. This is only if DTV brakes the agreement and contacts the district attorney. Now if you were arrested for drunk driving and they found 5 Programmed HU cards in your wallet this would be different. If you have bought several devices over the past years and DTV has only got you one 1 device I would settle with them this way if any of the other places gets raided this will keep happening. Once you sign the agreement you probably will be put on a list to watch out for in the future. One thing I worry about is let say you purchase a programmer and an emulator 2 years ago from white viper. Now you purchase a few other things hu loader and boot board 3-5 months before the letter comes. Now you settle with them and agree not to buy anymore. Now the place you bought from 3-5 months ago gets raided and your purchase has the wrong date or DTV sees your name and changes the date. Now they are going to ask you about this purchase you made after the agreement was signed. Now you would have to prove to them you didn't make the purchase.MAKE SURE YOU HAVE A GOOD ATTORNEY!

[blcjet]

I found this post on another site, and I think that it is very telling and can be applied to you if you choose to settle. The member is a lawyer in the US.


First, let me explain why it is very important that if you or anyone had the choice to either spend up to $10,000 (I said up to, not it would be $10,000) to win and keep my name and record clean and reputation within society as "Not an Ex:Con, Criminal, or I could spend the $2500.00 as you say you would and sign an agreement that pretty much gives the representatives the right to dangle your life, rights and everything else in front of you because their own you, You'll have a record, and it also goes onto your Credit Report......Oh yeah, didn't you know, unlike State Court (District or Superior Ct.) Federal Court System, All Information is required to be reported to the individuals credit report for purposes of notifying potential employers, insurers, gov'tmental agencies, etc......that you have been charged with a crime involving (Dishonesty) and that you have entered into a contract agreeing to abide by its terms, payment of a penalty, fines, court cost, etc.....and if the defendant (You) fail to fullfill these terms then the information will be reported to the credit reporting agencies that you are in default and in violation of your agreement and thus you are hereby violated the terms of your probabtion and now must fullfill your entire sentence.

The reason this information is Now reported to the credit reporting agencies is that people like yourself who enter into a contract with the goverment, and then default, well because of the transient nature of our society, and people tend to move from one place to another, well, you see no matter where you go now, this information will follow for the purpose of allowing the goverment to collect on their agreement with you and also more importantly, more and more employers now are checking the backrounds of their employees to make sure the information writen down on the application is accurate and they want to know that the individual they are considering hiring, is trust worthy, and dependable, and insurable, YES! Insurable....you see Now insurance companies are not paying out claims anymore for employees dishonesty, theft, etc...unless a backround check has been performed on the individual indicating that there was no evidence whatsoever that would or should have notified the employer about the possibility that you were a higher risk than an individual who had a "Clean Record"

So,you go ahead and pay that $2500 fine and save yourself that $7500 dollars, because you don't want to buy my house for me. Heck, I have suits that cost me more than $10,000, what am I going to do with your $10,000 and try and buy a house. What kind of house are you thinking of? A tree house? I don't even think I can buy a piece of vacant land for $10,000 let alone a house.

[gunsmoke2]

First, let me explain why it is very important that if you or anyone had the choice to either spend up to $10,000 (I said up to, not it would be $10,000) to win and keep my name and record clean and reputation within society as "Not an Ex:Con, Criminal


Why does he say " Not an : Con, Criminal ? he mentions criminal charges also. This is a civil matter


you are hereby violated the terms of your probabtion and now must fullfill your entire sentence.


Probation ? entire sentence ?



GS2

[Lager]

That post stinks bad. The poster reminds me of that guy that used to post here.....freetv or something like that. Trying to throw around legal terms where they don't fit just to sound important. Poopycock.


Lager

[JD490]

That post doesn't make any sense. credit report?? That post throws a lot of terms around that are all mixed up and doesn't have anything to do with a settlement agreement with Direct TV. Not the generic one they first send you. A confidential settlement agreement is between you and Direct TV not any court. Its a contract nothing more. I think each case is different and each person that receives the letter has to make an informed decision after speaking to their attorney. Remember if you end up in court and loose it means a lot more could be lost on your part. Your not going to be able to show up in court and say I didn't do anything. Judges like paper trails and Dave shows him a invoice,emails, and your credit card number buying 5 boot loaders your going to have a problem.

[blcjet]

Originally posted by gunsmoke2



Why does he say " Not an : Con, Criminal ? he mentions criminal charges also. This is a civil matter





Probation ? entire sentence ?



GS2

Where that was going is that if you start signing agreements without any regard and without actually looking into what the content is, you can be charged at a later date, because you have now legally admitted to the crime. You have agreed that you were pirating satellite tv and now you will be criminally held responsible for your actions. That's all....

[ex-subscriber]

That post comes from a thread at another site, and it was made by a guy who goes by the nic "runninrebel." There are a few of his posts copied in different threads on this site. All of the posts come from a single thread on the other site. Check out GhostDog's thread in this forum for TTRK's take on runninrebel.