Whistleblower Suit Could Impact U.S. Commodities Company’s DPA, Lawyers Say

August 18, 2025

Cadwalader partner Martin Weinstein was quoted in a recent Global Investigations Review article discussing the potential impact of a whistleblower lawsuit filed against Freepoint Commodities, which is currently under a deferred prosecution agreement (DPA) with the U.S. Department of Justice (DOJ).

“This is kind of a big deal,” Martin said, underscoring the significant consequences for both the company and its legal counsel if the DPA is challenged by the lawsuit.

He explained that companies devote extensive resources to negotiating DPAs and are generally relieved to secure them, knowing the government can prove violations. If the lawsuit threatens the DPA, it damages both the company’s credibility and that of its lawyers.

Martin also addressed the strict requirements of the DPA. “Some of the conditions of the DPA are that you won't do bad things,” he told GIR. “The lawsuit says they're doing bad things, and haven’t done anything to fix them.”

He noted that the DOJ can require the company to investigate the allegations, report back, or refer the case to another agency. Once a company admits to the facts, it loses bargaining power if the government determines a breach of the DPA has occurred.

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