USDA Issues Default Decision and Order against Tommy Bradley Welch, d.b.a. TBW Cattle for P&S Act Violations

Date: 
Thursday, August 8, 2019 - 3:00pm
Contact Info: 

Release No.: 104-19

WASHINGTON, Aug. 8, 2019 – As part of its commitment to ensuring fair and competitive markets for the livestock, meat and poultry industries, on June 25, 2019, the U.S. Department of Agriculture (USDA) issued a Decision and Order Without Hearing by Reason of Default against Tommy Bradley Welch, doing business as TBW Cattle (TBW Cattle) for violations of the Packers and Stockyards (P&S) Act. As designated by USDA’s Judicial Officer, the Decision and Order is final and effective as of July 30, 2019.

An investigation by USDA’s Agricultural Marketing Service revealed that TBW Cattle failed to pay timely for livestock purchases totaling $3,023,887 from October 2016 through March 2017. Additionally, TBW Cattle issued checks to livestock sellers totaling $93,462 without sufficient funds in its bank account to pay for those checks when presented for payment.

The P&S Act requires subject entities to issue the full payment for livestock by the close of the first business day following the purchase and transfer of possession. Failure to pay for livestock purchases and issuing insufficient funds checks is a violation of the P&S Act and is an unfair trade practice.

Under the Default Decision and Order, TBW Cattle must pay a civil penalty of $39,000. In addition, TBW Cattle, along with its agents and employees, must also cease and desist from engaging in deceptive and unfair practices, including:

  • Engaging in operations subject to the Act without paying timely for each and every livestock transaction and purchase from sellers of livestock, and
  • Issuing checks without sufficient funds to pay those checks.

TBW Cattle is further suspended as a registrant from all livestock operations as a dealer for a period of 90 days, beginning July 30, 2019.

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 Stuart Frank, Packers and Stockyards Division, at (515) 323-2586, or by email at stuart.frank@usda.gov.

Get the latest Agricultural Marketing Service news at www.ams.usda.gov/news or follow us on Twitter @USDA_AMS. You can also read about us on the USDA blog.

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