WASHINGTON, Dec. 23, 2020 – The U.S. Department of Agriculture (USDA) reached a decision and order without reason of default against Michael J. Rogers (Rogers) of Beaver Dams, New York for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service (AMS) revealed that Rogers failed to pay the full purchase price for 433 head of livestock purchases totaling $81,569. Additionally, from August 1 through September 5, 2017, Rogers issued insufficient funds checks to livestock sellers totaling $73,507. Furthermore, the investigation revealed Rogers failed to keep and maintain records sufficient to fully and correctly disclose all transactions for his business. Specifically, he failed to maintain banking records, inventory records, purchase and sales invoices as required by the P&S Act.
Under the decision and order, Rogers is ordered to cease and desist from engaging in operations subject to the Act without paying timely for each and every livestock transaction and purchase from sellers of livestock and from issuing checks without sufficient funds to pay those checks. Rogers is ordered to keep and maintain records sufficient to fully and correctly disclose all transactions involved in his business. Rogers is suspended as a registrant from all livestock operations for five years, beginning July 29, 2020.
The P&S Act requires subject entities to issue full payment for livestock by the close of the first business day following purchase and transfer of possession. Failure to timely pay for livestock purchases, failure to issue the full payment for purchases, and issuing insufficient funds checks is an unfair trade practice and a violation of the P&S Act. Entities subject to the P&S Act are also required to keep and fully disclose accurate records regarding all transactions involved with their business when requested by AMS.
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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