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would run for financial gain, using his past professional
experience marketing DMPs and managing a DMP call center.
Petitioner did not identify any changes to the board in its
early submissions to respondent. However, petitioner later
represented, as part of its protest, that the board had added two
new members to replace Mrs. Dennis. However, petitioner did not
provide a date for such change, nor did petitioner provide board
minutes or other documentation, such as certification of amended
articles, to establish the formal change in petitioner’s board.
Even if two additional members replaced Mrs. Dennis, Mr. Dennis
still would benefit from the organization and operation of
petitioner.
b. Private Interests of Creditors
Petitioner only provides its DMP services to callers who
satisfy the qualifications established by participating
creditors. Petitioner completes a budget worksheet that the
creditors require for each of petitioner’s clients. In sum, the
administrative record establishes that petitioner would operate
for the benefit of private interests.
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Last modified: March 27, 2008