Livestock sale gets federal scrutiny
TEXARKANA, Texas — A federal civil complaint filed Monday seeks an injunction and more than $82,000 in penalties against a Texarkana man who is accused of misconduct in the sale of livestock.
The complaint filed Monday on behalf of the U.S. Secretary of Agriculture in the Texarkana Division of the Eastern District of Texas federal court accuses Edmond Shackleford “Ford” Rochelle of violating an August 2018 “Consent Decision” issued by an administrative law judge concerning violations of the Packers and Stockyards Act.
According to the complaint, the judge found in August 2018 that Rochelle, while operating as both a dealer and a “market agency,” failed to pay for livestock purchases totaling $233,417. The Consent Decision included an order for Rochelle to “cease and desist from failing to pay full purchase price for livestock in a timely manner.”
The order also suspended Rochelle’s registration for a fiveyear period.
Dealers and persons acting as a market agency are required to register with the U.S. Department of Agriculture and are required to post a reasonable bond to secure their performance.
The Packers and Stockyards Division of the Fair Trade Practices Program, Agricultural Marketing Service conducted an investigation in May 2019 that allegedly determined Rochelle continued to act as a market agency despite his suspension.
“Specifically, defendant continued to purchase livestock on a commission basis. He engaged in 43 separate transactions, totaling $1,073,765.22 from October 2018 through April 2019. As a result of these transactions, defendant received $7,588.47 in buying commissions,” the complaint alleges.
The complaint alleges Rochelle’s conduct “may reasonably be expected to cause harm to livestock producers” and alleges Rochelle continues to violate the 2018 Consent Decision and order. The complaint argues that Rochelle is operating without a valid registration and without the required bond “thereby placing livestock sellers with whom he contracts at risk of not receiving full payment should he default.”
The complaint asks the court to enter an injunction prohibiting Rochelle from violating the August 2018 order. The complaint also seeks civil penalties of $82,259. According to the complaint, each separate violation includes forfeiture of $1,996 for each offense occurring after June 17, 2020, and $1,913 for offenses occurring prior to that date.
The complaint asks that Rochelle be ordered to pay interest and court costs.
The case is pending before U.S. District Judge Robert Schroeder III.