UNITED
STATES DEPARTMENT OF AGRICULTURE
BEFORE
THE SECRETARY OF AGRICULTURE
In re: |
|
|
|
Aref XXXXX, d/b/a Indiana
Halal Farms, LLC |
P&S Docket No. 24-J-0028 |
|
|
|
|
|
|
|
Respondent. |
Consent Decision and Order |
This
proceeding was instituted under the Packers and Stockyards Act, 1921, as
amended and supplemented (7 U.S.C. § 181 et seq.) (Act), by a
Complaint filed by the Deputy Administrator, Fair Trade Practices Program,
Agricultural Marketing Service (AMS), United States Department of Agriculture,
alleging that the Respondent willfully violated the Act and the regulations
promulgated thereunder (9 C.F.R. § 201.1 et seq.). This decision and order are entered
pursuant to the consent decision provision of the Rules of Practice applicable
to this proceeding (7 C.F.R. § 1.138).
Respondent
admits the jurisdictional allegations in the complaint and specifically admits
that the Secretary has jurisdiction in this matter, neither admits nor denies
the remaining allegations, waives oral hearing and further procedure, waives
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
waives 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
this Consent Decision and Order.
Findings
of Fact
1.
Respondent
XXXXX, doing business as Indiana Halal LLC
(Respondent), is an
individual whose business mailing
address is XXXXX XXXXX, XXXXX.
2.
Respondent,
at all times material herein, was a packer operating
in commerce subject to
the provisions of the P&S Act,
7 U.S.C. § 181 et. seq.
Conclusions
Respondent,
having admitted the jurisdictional facts and the parties having agreed to the
entry of this decision, such decision will be entered.
Order
1.
Respondent,
their agents and employees, directly or through any
corporate device, in
connection with operations subject
to the Act, shall cease and desist from:
a. Failing to pay and failing to pay,
when due, the full purchase price of livestock; and
b. Issuing checks to livestock sellers
without having sufficient funds in the bank upon which they were drawn to pay
such checks when presented.
2.
Respondent
XXXXX agrees to forego owning or operating a packer
for a
period of five years. After a period of three years, if all
livestock sellers subject to the complaint have been paid in full, Mr. XXXXX may petition AMS to resume activities as an owner or
operator of a packer, as defined by the Act. AMS has the sole discretion to determine
whether such debts have been paid.
Upon a satisfactory showing of the extinguished debts, AMS will notify
the Office of the Administrative Law Judges that the provisions of this consent
decision have been fulfilled and petition that he be free to resume business
unimpeded.
3.
In
accordance with section 203 of the Act (7 U.S.C. § 193) Respondent is
assessed a civil
penalty in the amount of one
thousand five hundred dollars ($1,500.00) to be paid no later than thirty (30)
days after the signing of this consent.
Complainant requests that Respondents shall send a certified check or
money order with the docket number to satisfy the requested civil penalty to US
Bank, USDA FMMI LOCKBOX XXXXX, XXXXX,
XXXXX, XXXXX.
The provisions of this
order shall become effective upon issuance. Copies of this decision shall be served
upon the parties.
________________________________
Respondent XXXXX
d/b/a
Indiana Halal
_______________________
Attorney for Complainant
Done at
Washington, D.C.
this June day of 13 2024
Tierney
Carlos
Administrative
Law Judge