UNITED
STATES DEPARTMENT OF AGRICULTURE
BEFORE
THE SECRETARY OF AGRICULTURE
In
re: |
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R.I. Beef &
Veal, Inc., D/B/A Rhode Island Beef & Veal; |
P&S
Docket No. D-21-J-0058 |
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Michael Quattrucci; and
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P&S
Docket No. D-21-J-0059 |
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Joel Quattrucci, |
P&S
Docket No. D-21-J-0060 |
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Respondents. |
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Decision
Without Hearing
By
Reason of Consent
This
proceeding was instituted under the Packers and Stockyards Act, 1921, as
amended and supplemented (7 U.S.C. § 181 et seq.) (the “Act”),
by a Complaint and Notice of Hearing filed on August 12, 2021 by the
Agricultural Marketing Service (AMS), Fair Trade Practices Program, Packers and
Stockyards Division, United States Department of Agriculture, alleging that
Respondents R.I. Beef & Veal, Inc., D/B/A Rhode Island Beef & Veal,
Michael Quattrucci and Joel Quattrucci,
willfully violated the Act and
the regulations promulgated thereunder by the Secretary of Agriculture (9
C.F.R. § 201.1 et seq.) (the “Regulations”). This
Decision Without Hearing By Reason of Consent (the
“Consent Decision”) is entered pursuant to section 1.138 (7 C.F.R.
§ 1.138) of the Rules of Practice Governing Formal Adjudicatory
Administrative Proceedings Instituted By The Secretary.
Respondents
admit the jurisdictional allegations in paragraph I of the Complaint and
specifically admit that the Secretary has jurisdiction in this matter, neither
admit nor deny the remaining allegations, waive oral hearing and further
procedure, waive all rights to seek judicial review and otherwise challenge or
contest the validity of this decision, including waiving challenges to the
Administrative Law Judge’s authority to enter this Decision and Order
under the Administrative Procedure Act and the Constitution of the United
States, and waive any action against the United States Department of
Agriculture under the Equal Access to Justice Act of 1980 (5 U.S.C. § 504 et
seq.) for fees and other expenses incurred by Respondents in connection
with this proceeding or any action against any USDA employee in their
individual capacity. The parties consent and agree, for the purpose of settling
this proceeding and for such purpose only, to the entry of the Consent
Decision.
Findings of Fact
1. R.I.
Beef & Veal, Inc., D/B/A Rhode Island Beef & Veal (Respondent R.I.
Beef) is a corporation organized and existing under the laws of the State of
Rhode Island. Its business mailing
address is 60 Armento St., Johnston, RI 02919.
2. Respondent
R.I. Beef is, and at all times material to the
Complaint, was:
(a) Engaged
in the business of buying livestock in commerce for purposes of slaughter; and
(b) A packer
within the meaning of and subject to the provisions of the Act.
3. Michael
Quattrucci is an individual whose business mailing
address is 60 Armento St., Johnston, RI 02919.
4. Respondent
Michael Quattrucci is, and at all
times material to the Complaint, was:
(a) Engaged
in the business of buying livestock in commerce for purposes of slaughter;
(b) The 50%
owner and president and treasurer of Respondent R.I Beef;
(c) Responsible
for day-to-day and financial affairs of Respondent R.I Beef; and
(d) A packer
within the meaning of and subject to the provisions of the Act.
5. Joel
Quattrucci is an individual whose business mailing
address is 60 Armento St., Johnston, RI 02919.
6. Respondent
Joel Quattrucci is, and at all
times material to the Complaint, was:
(a) Engaged
in the business of buying livestock in commerce for purposes of slaughter;
(b) The 50%
owner and president and treasurer of Respondent R.I Beef;
(c) Responsible
for day-to-day and financial affairs of Respondent R.I Beef; and
(d) A packer
within the meaning of and subject to the provisions of the Act.
Conclusion
Respondents
having admitted the jurisdictional facts, and the parties having agreed to the
entry of this consent decision, the consent decision will be entered.
Order
Respondents,
their agents and employees, directly or through any
corporate or other device, in connection with operations subject to the Act and
the Regulations, shall cease and desist from failing to pay, when due, the full
purchase price of livestock.
In accordance with section 203(b)
of the Act (7 U.S.C. § 193(b)),
Respondents are jointly and severally assessed a civil penalty in the amount of
$283,557.39. The civil penalty, however, will be reducible dollar-for-dollar by
restitution made by Respondents to their unpaid livestock seller, up to a total
reduction of $268,557.39, in accordance with an Understanding Regarding Civil
Penalty Payment Terms agreed to and ratified by the parties. If Respondents
fail to satisfy the terms of the Understanding, the entire civil penalty, for
which restitution has not been made, will become due in full immediately, upon
application of Complainant to the Administrative Law Judge, without further
procedure. If Respondents satisfy the terms of the Understanding, Complainant
will request that the Administrative Law Judge issue an order reducing the
civil penalty dollar-for-dollar for restitution made.
Nothing in this Consent Decision
shall resolve or preclude any pending or future criminal, civil, or
administrative action authorized by the Federal Meat Inspection Act or by any
other statute, regulation, or otherwise, including but not limited to the
pending indictment, United States v. Rhode Island Beef and Veal Inc., et
al., Case no. 1:20CR93MSM-PAS (D. R.I), or any administrative action
related to that indictment.
The
Administrative Law Judge will retain jurisdiction in this matter for the
purpose of assessing the appropriate civil penalty, upon application of the
Complainant as described herein. This Order will have the same force and effect
as if entered after full hearing. The provisions of this Order will become
effective on the next business day after service of this order on the Respondents.
Copies
of this Consent Decision and Order will be served upon the parties.
[Signature Page
Omitted]