WASHINGTON, July 16, 2021 – The U.S. Department of Agriculture (USDA) issued a complaint against Tom Agler Livestock LLC, doing business as Tom Agler Sr., Livestock LLC; Tom Agler Trucking LLC; Rocking A Cattle LLC; Tom Agler; Tom Agler Livestock; and Rockin A Cattle (Respondent LLC) and Tom Agler, Sr., (Respondent Agler) Spencerville, Ohio, on April 26, 2021, for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service (AMS) revealed that from August 28 through June 3, 2019, Respondents LLC and Agler failed to pay the full purchase price of livestock in the amount of $375,325 to five livestock sellers.
In addition, the investigation revealed that between Nov. 6, 2018, and Feb. 29, 2020, Respondents LLC and Agler failed to timely pay the full purchase price of 24 livestock purchases from various livestock sellers. Payments for these livestock purchases were between 2 and 185 days late. During the same period, Respondents LLC and Agler issued checks and authorized electronic payments that were returned unpaid or denied by the bank because Respondents failed to maintain sufficient funds when presented.
The investigation further revealed Respondents LLC and Agler failed to keep and maintain records sufficient to fully and correctly disclose all transactions involved in their business.
The P&S Act requires subject entities to issue the full payment for livestock by the close of the first day following purchase and transfer of possession. Failure to timely pay for livestock and failure to pay for livestock purchases are both unfair trade practices and violations of the P&S Act.
The P&S Act authorizes the Secretary of Agriculture to assess civil penalties up to $28,061 per violation against any person after notice and opportunity for hearing on the record. If the allegations are admitted or proven in an oral hearing, Respondents LLC and Agler may be ordered to cease and desist from continuing violations of the P&S Act and assessed a civil penalty.
The P&S Act is a fair trade practice and payment protection law that promotes fair and competitive marketing environments for the livestock, meat, and poultry industries.
For further information about the Packers and Stockyards Act, contact Jeana Harbison, Packers and Stockyards Division, at (202) 720-7051, or by email at Jeana.M.Harbison@usda.gov.
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