Cite as 24 A.D. 632

(No. 9827)

In re TRACIL A. POWER. P&S Docket No. 3470. Decided May 26, 1965.

Bonding requirements-Cease and desist-Consent

Respondent is ordered to cease and desist from engaging in business in commerce in any capacity for which bonding is required under the act and the regulations without filing and maintaining a reasonable bond or its equivalent, as required by the act and the regulations thereunder. Mr. Garrett N. Wyss 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.), hereinafter referred to as the Act, instituted by a complaint filed on February 19, 1965, by the Acting Director, Packers and Stockyards Division, United States Department of Agriculture, charging respondent with violations of the Act and the regulations thereunder (9 CFR 201.1 et seq.), hereinafter referred to as the regulations.

Respondent filed an answer on March 22, 1965, in which he admits the jurisdictional allegations of the complaint, neither admits nor denies the remaining allegations, waives oral hearing and the report of the Hearing Examiner, and consents to the issuance of a specified order, with findings and conclusions, for the purpose of this proceeding only, based on all allegations contained in the complaint. Complainant has filed a recommendation stating that respondent is now in compliance with the bonding requirements of the Act and regulations and that effectuation of the purposes of the Act does not appear to require that respondent be suspended as a registrant and recommending that the cease and desist provisions of the order consented to by respondent be issued.

FINDINGS OF FACT

1. Respondent, an individual whose address is Gibbon, Nebraska, is now and was at all times material herein engaged in the business of a dealer buying and selling in commerce livestock on his own account and is now and was at all times material herein so registered with the Secretary of Agriculture.

Cite as 24 A.D. 632

2. The Lexington Livestock Commission Company stockyard, Lexington, Nebraska, the Ogallala Livestock Commission Company stockyard, Ogallala, Nebraska, Bradstreet Stockyards, Grand Island, Nebraska, Western Livestock Auction Company Stockyards, North Platte, Nebraska, Stickelman Livestock Commission Company stockyard, Gothenburg, Nebraska, and the Platte Valley Sale Barn stockyard, Kearney, Nebraska, hereinafter called the stockyards, were at all times material herein posted stockyards subject to the provisions of the Act.

3. The surety bond which respondent maintained to secure performance of his dealer obligations was terminated on October 24, 1964. On or about September 28, 1964, respondent was notified in writing of such termination date and was informed that he would have to furnish a new bond if he continued to operate as a dealer under the Act. Notwithstanding such notice, respondent continued to engage in the business of buying and selling livestock at the stockyards on his own account without filing and maintaining a reasonable bond or its equivalent, as required by the Act and the regulations thereunder.

CONCLUSIONS

By reason of the facts set forth in Finding of Fact 3 herein, respondent has wilfully violated section 312(a) of the Act (7 U.S.C. 213 (a)), and sections 201.29 and 201.30 of the regulations (9 CFR 201.29, 201.30). Inasmuch as complainant has recommended that the cease and desist order consented to by respondent be issued, the cease and desist order will be issued.

ORDER

Respondent shall cease and desist from engaging in business in commerce in any capacity for which bonding is required under the Act and the regulations without filing and maintaining a reasonable bond or its equivalent, as required by the Act and the regulations thereunder.

This order shall become effective on the sixth day after service upon respondent. Copies hereof shall be served upon the parties.

Cite as 24 A.D. 634

(No. 9828)

In re ROBERT THOMPSON. P&S Docket No. 3441. Decided May 26, 1965.

Misrepresentations-Records-Suspension of registration-Consent

Respondent is ordered to cease and desist from making any false representations in connection with the purchase or sale of livestock in commerce, with respect to the price paid by respondent for such livestock or the weight of such livestock, or with respect to any other material fact involved in the transaction, is ordered to keep records that fully disclose all transactions involved in his business under the act and is suspended as a registrant under the act for a period of 30 days.

Mr. Garrett N. Wyss for complainant. Buchanan & McClure, Algona, Iowa, for respondent.

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.), hereinafter referred to as the Act, instituted by a complaint filed on December 18, 1964,, by the Director, Packers and Stockyards Division, Consumer and Marketing Service, United States Department of Agriculture, charging respondent with violations of the Act and the regulations thereunder (9 CFR 201.1 et seq.), hereinafter referred to as the regulations.

Respondent filed an amended answer on May 25, 1965, in which he admits the jurisdictional allegations of the complaint, neither admits nor denies the remaining allegations, waives oral hearing and the report of the Hearing Examiner, and consents to the issuance of a specified order, with findings and conclusions, for the purpose of this proceeding only, based on all allegations contained in the complaint. Complainant has recommended that the order consented to by respondent be issued.

FINDINGS OF FACT

1. (a) Robert Thompson, hereinafter referred to as the respondent, is an individual residing at Lakota, Iowa.

(b) Respondent is now, and was at all times material herein, engaged in the business of buying and selling livestock in commerce for his own account.

Cite as 24 A.D. 634

(c) Respondent and Viola Thompson, Lakota, Iowa, are now and have been since March 4, 1964, registered with the Secretary of Agriculture to buy and sell livestock in commerce for their own account.

2. (a) Respondent, on or about the dates and in the transactions set forth below, purchased livestock at the St. Paul Union Stockyards, South St. Paul, Minnesota, a posted stockyard subject to the Act. Respondent purchased the livestock at the weights set forth in column (1) below and paid the purchase prices set forth in column (2) below. Following the purchases of said livestock, respondent prepared or caused to be prepared accountings which purported to show that respondent purchased the livestock at weights and prices as set forth in columns (3) and (4) below. Respondent delivered the livestock to the persons whose names are set forth below, for whom respondent had purchased the livestock pursuant to prior purchase orders or requests, and furnished them the accountings containing the false representations as to weights and prices. Respondent received payment on the basis of the false representations as to weights and prices, notwithstanding agreements between respondent and the purchasers that payments to respondent would be made on the basis of the weights and prices at which the livestock had been purchased at the St. Paul Union Stockyards. In addition, to the payments made on the basis of the false representations as to weights and prices, the purchasers paid respondent commissions and trucking expenses.

(b) On or about January 29, 1964, respondent presented to Willette Seed Farm, Inc., Delavan, Minnesota, a purchase invoice purporting to show the weights and prices at which respondent purchased 42 head of livestock between January 24 and January 29, 1964, at the St. Paul Union Stockyards, South St. Paul, Minnesota, a posted stockyard subject to the Act, pursuant to a prior purchase order or request, which purchase invoice, on a purchase invoice form of the Central Livestock Order Buying Company, did not show the true and correct weights and prices at which respondent purchased the 42 head, which true and correct weights and prices were set forth on the purchase invoice issued by Central Livestock Order Buying Company to respondent covering the transactions in question, and dated January 29, 1964. The true and correct total weight and price were 35,465 pounds and $6,155.58, whereas the purchase invoice presented to Willette Seed Farm, Inc. by respondent falsely represented the total weight and price as 36,095 pounds and $6,492.68.

3. Respondent, during the period from November 7, 1963, to August 12, 1964, failed to keep and maintain such accounts, records, and memoranda as fully and correctly disclosed all transactions involved in his business under the Act, in that respondent failed to keep and maintain accurate records of the number and weight of all livestock bought, sold, or otherwise disposed of each business day, the prices paid or received therefor, and the charges paid or received for services in connection therewith.