GIPSA Enforcement Action
September 12, 2007 - The U.S. Department of Agriculture's Grain Inspection, Packers and Stockyards Administration (GIPSA) has found evidence that Jimmy J. "Jason" Beyer, (Jason Beyer); James G. "Jim" Beyer (Jim Beyer); and Dennis L. Funderburgh (Funderburgh) have violated the Packers and Stockyards (P&S) Act.
Jason Beyer is a general partner and vice president of Beyer and Funderburgh, Ltd., doing business as ABF Packing, Ltd. (ABF, Ltd), vice president and secretary of Erath County Dairy Sales, Inc. (Erath), Stephenville, Texas. Jim Beyer is the president and owner of Erath and vice president, part owner, and director of Pecos Valley Dairy Sales, Inc. (Pecos Valley), Dexter, New Mexico. Dennis L. Funderburgh (Funderburgh) is a general partner and president of ABF, Ltd., Stephenville, Texas. - Jason Beyer and Funderburgh purchased cattle at Erath and Pecos Valley on behalf of ABF Ltd., not for ABF Ltd's. slaughter, but for resale. Jason Beyer, Funderburgh, and ABF Ltd. are not bonded or registered as dealers to buy and sell livestock in commerce;
- Jason Beyer and Funderburgh purchased cattle at Erath and Pecos Valley and resold some of the same cattle to other packers;
- ABF Ltd., under the direction, management and control of Jason Beyer and Funderburgh, purchased cattle on a carcass weight basis without using printed scale tickets;
- Jim Beyer, an owner and officer of Pecos Valley, bought cattle consigned to Pecos Valley for the account of Erath and the accounts of others. Pecos Valley, under the direction, management and control of Jim Beyer did not disclose on the account of sale the name of the buyer and the nature of the relationship existing between Pecos Valley and the buyer;
- Jason Beyer engaged in unfair business practices because while an owner, general partner, and officer of a packer (ABF Ltd.) he participated in the management and operations of Erath; and
- Jason Beyer, Funderburgh and ABF Ltd. have failed to conduct their buying operations independently of other packers.
On April 10, 2007, GIPSA filed a complaint and notice of hearing against Jason Beyer; ABF Ltd., Erath, Jim Beyer, Pecos Valley and Funderburgh. They potentially face a cease and desist order for violating the P&S Act and assessment of a civil penalty.
Jason Beyer currently operates as a packer and a dealer buying and selling livestock in commerce for the account of ABF Ltd. and the account of others; Jim Beyer operates two posted stockyards (Erath and Pecos Valley); is a market agency selling and buying livestock in commerce on a commission basis and is registered as a market agency to sell and buy livestock in commerce on a commission basis; and Funderburgh operates as a packer and dealer buying and selling livestock in commerce for the account of ABF Ltd. and the account of others, and buys livestock in commerce for the purpose of slaughter.
Catherine M. Grasso 202-720-7201
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