The U.S. Department of Agriculture, Agricultural Marketing Service (AMS) issued an administrative complaint to Greg Deakin (Deakin), doing business as Banner Sale Management, Cuba, Ill., on Jan. 5, 2022, for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Mairketing Service (AMS) revealed that from March through September 2019, Deakin failed to properly use and maintain its custodial account, thus endangering the faithful and prompt accounting of livestock seller’s proceeds. Deakin failed to remit $37,479 to livestock sellers, including four checks used for payment that were returned unpaid due to nonsufficient funds.
In addition, payments remitted to livestock sellers by Deakin were up to a month late and were made from his operational account instead of his custodial account. Deakin also failed to remit sponsorship fees due to organizations in accordance with prior agreements and still owes outstanding sponsorship fees of $14,629.
The P&S Act authorizes the Secretary of Agriculture to assess civil penalties up to $29,270 per violation against any person after the notice and opportunity for hearing on the record. USDA may offer alleged violators the option of waiving their right to a hearing and enter into a stipulation agreement to quickly resolve alleged violations.
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 Kraig Roesch, Packers and Stockyards Division, at (303) 375-4291, or by email at Kraig.Roesch@usda.gov.
