Public Affairs
WASHINGTON, Aug. 23, 2021 – The U.S. Department of Agriculture (USDA) reached a consent decision 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) of Spencerville, Ohio, on July 30, 2021, for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service (AMS) revealed that from Aug. 28, 2018, 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 price for 24 livestock purchased from various livestock sellers. During the same period, Respondents LLC and Agler issued checks and authorized electronic payments that were returned unpaid or denied by the bank because they 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.
Under the consent decision, Respondents LLC and Agler are ordered to cease and desist from: (1) failing to pay and failing to timely pay the full price of livestock; (2) issuing insufficient funds checks and electronic payments without having and maintaining sufficient funds on deposit; and (3) failing to keep and maintain records. Additionally, Respondents agreed to a suspension of ten years. After one year of the suspension period, Respondents LLC and Agler may request a supplemental order terminating the suspension if they demonstrate to AMS that all unpaid livestock sellers have been paid in full or provide a reasonable schedule of restitution arranged with the unpaid livestock sellers. The full decision and order is available on the AMS Packers and Stockyards Enforcement page.
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 (202) 720-7051, or by email at Stuart.Frank@usda.gov.
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