Cite as 24 A.D. 1056 admits the jurisdictional allegations in the Complaint and further admits that the Secretary has jurisdiction in this matter, neither admits nor denies the remaining allegations, waives oral hearing and the report of the Hearing Examiner, and, for the purposes of this proceeding and for such purposes only, consents to the issuance of a specified order with findings of fact and conclusions based upon the allegations contained in the Complaint. Complainant has recommended that the order consented to by respondent be issued. FINDINGS OF FACT 1. Respondent, whose address is Portage, Ohio at the times mentioned herein acted as a dealer in commerce within the meaning of that term as defined in the Act. 2. The Tiffin Live Stock Sales Company, Tiffin, Ohio, and the Fremont Livestock Exchange, Fremont, Ohio, hereinafter referred to as the stockyards, are now and were at all times mentioned herein posted stockyards subject to the provisions of the Act. 3. Respondent, in commerce, during the period from March 1, 1961, through March 31, 1965, regularly and consistently operated as a dealer buying and selling livestock for his own account without applying for registration as required by the Act and the regulations. 4. Respondent, on or about three dates specified in the Complaint, issued checks on his account in The Bank of Wood County Co., Bowling Green, Ohio, in payment for livestock purchased by him at the stockyards, which checks, when presented for payment, were returned unpaid because of insufficient funds in respondent's said bank account. 5. Respondent, in commerce, in six transactions specified in the Complaint, purchased livestock at the stockyards and has failed to pay for such livestock. CONCLUSIONS By reason of the facts set out in Findings of Fact 3, 4, and 5, respondent has violated sections 303 and 312 (a) of the Act and sections 201.10 and 201.43 (b) of the regulations. Inasmuch as respondent has consented that an order be issued requiring him to cease and desist from the practices complained of in the Complaint and complainant has recommended that such an order be issued, the order will be issued. Cite as 24 A.D. 1058 ORDER Respondent shall cease and desist from: (1) operating as a dealer in commerce without applying for registration and being registered, as required by the Act and the regulations; (2) issuing checks in payment for livestock purchased in commerce without having and maintaining on deposit in the bank upon which such checks are drawn sufficient funds to pay such checks; and (3) purchasing livestock in commerce and failing to pay when due the full purchase price of such livestock. This order shall become effective on the sixth day after service thereof upon the respondent and copies hereof shall be served upon the parties. (No. 10,035) In re EDWIN A. GUYNES. P&S Docket No. 3563. Decided August 10, 1965. Misrepresentation-Fraudulent invoices-Marked-up prices-Records— False entries-Suspension of registration-Consent Respondent consented to the issuance of a cease and desist order and to suspension of his registration for a period of 21 days for various violations of the act, such as, among other things, causing fraudulent invoices to be made and retained by persons subject to the act, on the basis of which his packer-principal was billed causing such principal to pay marked-up prices from which markups respondent profited. Mr. Jerome S. Ducrest for complainant. Respondent pro se. Decision by Thomas J. Flavin, Judicial Officer PRELIMINARY STATEMENT This is a disciplinary proceeding under the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 181 et seq.). The Complaint filed by the Acting Director, Packers and Stockyards Division, Consumer and Marketing Service, on July 8, 1965, charges respondent with various violations of the Act and the regulations. In an answer filed by the respondent on August 3, 1965, respondent admits the jurisdictional allegations in the Complaint and further admits that the Secretary has jurisdiction in this matter, neither admits nor denies the remaining allegations Cite as 24 A.D. 1058 of the Complaint, waives oral hearing and the report of the Hearing Examiner, and, for the purposes of this proceeding and for such purposes only, consents to the issuance of a specified order with findings of fact and conclusions based upon the allegations contained in the Complaint, and suspending his registration for a period of 21 days. Complainant has recommended that the order consented to by respondent be issued. FINDINGS OF FACT 1. The Franklinton Stock Yards, Inc., Franklinton, Louisiana, and the Amite Livestock Company, Inc., Amite, Louisiana, hereinafter collectively referred to as the stockyards, are now and were at all times mentioned herein posted stockyards subject to the provisions of the Act. 2. Respondent, whose address is Route 1, Hazelhurst, Mississippi, is now and was at all times mentioned herein registered with the Secretary of Agriculture as a dealer to buy and sell livestock for his own account in commerce. 3. Respondent, during the month of November 1964, had an arrangement with the Guillot Packing Co., Inc., Slidell, Louisiana, a packer subject to the Act, hereinafter referred to as "Guillot," under which respondent was to purchase livestock for Guillot and said packer was to pay the price at which respondent purchased the livestock on its behalf plus an agreed "buying commission." 4. Respondent, in commerce, in the transactions and at the stockyards listed below, and at divers other times during the month of November 1964, while acting in his capacity as livestock purchasing agent for Guillot in the purchase of livestock, pursuant to the arrangement described in Finding of Fact 3 above, defrauded his principal and caused to be made and issued to Guillot by registered market agencies at the stockyards false and incorrect buyer's invoices showing marked-up prices as the purchase prices of the livestock instead of the actural purchase prices, which invoices were paid by Guillot and made a part of the accounts and records of said packer, and caused said market agencies from which he purchased the livestock for Guillot to pay to him the difference between the actual cost of the livestock and the marked-up prices, as well as his regular “buying commissions," as follows: By reason of the facts set out in Findings of Fact 3 and 4, respondent has wilfully violated section 312(a) of the Act (7 U.S.C. 213(a)) and section 10 of the Federal Trade Commission Act (15 U.S.C. 50), which section is incorporated in and made a part of the Packers and Stockyards Act, 1921, by virtue of the provisions of section 402 of the latter Act. Inasmuch as respondent has consented that an order be issued requiring him to cease and desist from the practices complained of in the Complaint and suspending his registration for a period of 21 days, and complainant has recommended that such an order be issued, the order will be issued. ORDER Respondent shall cease and desist from: (a) causing persons subject to the Act to execute false or incorrect invoices or other documents in connection with livestock transactions in commerce; (b) causing false and incorrect invoices or other documents to be made a part of the accounts and records of a person subject to the Act; (c) billing persons for whom respondent purchases livestock, or causing such persons to be billed, on the basis of prices other than those agreed upon in the purchase arrangement or agreement between respondent and the person for whom respondent purchases the livestock; Cite as 24 A.D. 1061 (d) collecting, or causing persons subject to the Act to collect, or pay, for livestock purchased or sold, in commerce, on the basis of prices other than those agreed upon in the purchase agreement or agreement between respondent and the person for whom respondent purchases the livestock; (e) purchasing livestock for another person for an agreed amount per cwt. or per head, and, in addition, taking profits from price mark-ups in such transactions without the prior approval of the person for whom respondent purchases the livestock. Respondent's registration under the Act is suspended for a period of 21 days. This order shall become effective six days after service. (No. 10,036) In re PAUL R. HUFFMAN. P&S Docket No. 3544. Decided August 16, 1965. Bonding requirements-Failure to pay when due-Checks-Suspension of registration-Consent Respondent is ordered to cease and desist from engaging in business under the act without being bonded, failing to pay when due for livestock purchased and issuing insufficient funds checks in payment of such livestock and is suspended as a registrant until bonded as required by the act and the regulations. Mr. Donald E. Graham for complainant. Respondent pro se. Decision by Thomas J. Flavin, Judicial Officer PRELIMINARY STATEMENT This is a disciplinary proceeding under the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.), instituted by a complaint filed on June 7, 1965, by the Acting Director, Packers and Stockyards Division, Consumer and Marketing Service, United States Department of Agriculture. The respondent is registered with the Secretary of Agriculture |