UNITED STATES DEPARTMENT OF AGRICULTURE
BEFORE THE SECRETARY OF AGRICULTURE
|
In re: |
|
|
|
|
Cody Allen Easterday,
Respondent |
P&S Docket No. 23-J-0087 |
|
|
|
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 is 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, admits the remaining
allegations as set forth herein as findings of fact and conclusions of law,
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 respondent in connection with this
proceeding or any action against any USDA employee in their individual
capacity.
Respondent consents and
agrees, for the purpose of settling this proceeding, to the entry of this
decision. Complainant agrees to the
entry of this decision.
FINDINGS OF FACT
1.
Respondent
Cody Allen Easterday is currently in the custody of
the Federal Bureau of Prisons, Registration Number XXXXX,
USP LOMPOC, XXXXX, XXXXX, XXXXX.
2. Respondent is, and at all times material herein was:
(a) Engaged
in the business of a dealer buying and selling livestock in commerce.
(b) Registered
with the Secretary of Agriculture as a dealer buying and selling livestock in
commerce;
CONCLUSIONS
OF LAW
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,
his agents and employees, directly or through any corporate or other device, in
connection with his operations subject to the Act, shall cease and desist from misrepresenting
the sale of livestock by creating records that are not a true representation of
the livestock transaction.
2. Pursuant
to 7 U.S.C. § 204, Respondent is suspended as a registrant for the
duration of Respondent’s incarceration in the Federal Bureau of Prisons,
plus 5 years from the date of release from incarceration. After that time, this order may be
modified to lift said suspension upon application to the Packers and Stockyards
Division and upon demonstration of payment of all amounts owed as a result of Respondents’ false and fraudulent
livestock transactions referenced in the Complaint in this case.
The provisions of this Order shall
become effective upon issuance. Copies of this decision shall be served upon
the parties.
_______________________
Cody
Allen Easterday
Respondent
________________________
Christopher
Young
Attorney
for Complainant
|
|
this
______ day of ________, 2023
|
_____________________________
Chief Administrative Law Judge