THE LAND — JULY 22/JULY 29, 2022
PAGE 5
www.thelandonline.com — “Where Farm and Family Meet”
Outside the fence one time too many Contrary to folklore, three times is rarely a charm. The number three, in fact, often carries woe: “Three strikes and you’re out,” for example; or “Bad news usually comes in threes.” U.S. Department of Justice prosecutors rediscovered these portentous axioms July 7 when, for the third time in less than a year, a jury in Denver failed to convict poultry company executives of federal charges of conspiracy to fix prices. The first two price-fixing trials — one in late 2021, the other in early 2022 — ended in mistrials. Remarkably, as DOJ prosecutors considered a third trial, the federal judge who presided over the second “summoned… (the) head of the Justice Department’s Antitrust Division to Denver… to explain why, after two hung juries, the government could still win conviction,” reported the Denver Post July 8. In fact, the judge urged, DOJ should
think hard about taking a third swing because “We know that the evidence couldn’t persuade 12 people … twice.” Justice attorneys, however, plowed on and — as the judge suspected — all five defendants in the third trial were found not guilty. If the first two mistrials were a surprise; the third was a stunner. DOJ had what looked like a bulletproof case against poultry company executives. There were five with Pilgrim’s Pride (the second-largest poultry producer in the $95-billion-a-year chicken market) and one each at Claxton Family Farms, Tyson Foods, Koch Foods, Case Farms, and George’s Inc. The DOJ, explained forbes.com, charged that company “executives worked together to keep prices paid to poultry farmers low while raising costs for consumers at grocery stores and restaurant chains. The scheme,” it alleged, “impacted sales at Pilgrim’s Pride by $361 million — more than $1 for every American.”
Impressive pup helps cow FARMHOUSE, from pg. 3 gates to be opened and closed which takes time. But rounding up loose cattle is even a bigger headache. This man solved his problem with a good dog. The farmer would take his team and wagon out to feed the cattle. Once through the just opened gate, his dog would sit in this access to freedom area. The steers would not venture pass this guard dog. That is how he farmer fed the cattle and accomplished all his other chores without worrying about his cattle fleeing with the gate open. When the dog died, he froze the dog in a sitting position. Each day that winter, he simply set the dog in the opened gate while taking care of the cattle. It worked. Another Neumann story involves my father-in-law. One morning John Vander Schaaf called into the Sioux Vet Clinic requesting a veterinarian to come to the farm to treat a sick dairy cow. When Doc got there he could not find a cow in the barn. The cows had already been turned out to the pasture. Now that is not a good thing. A veterinarian usually has a list of farmers wanting immediate attention, that
he really doesn’t feel like waiting for the farmer to put the sick animal in the barn. He went back to his truck, where he met Mr. Vander Schaaf. Doc told him that there were no cows in the barn. Mr. Vander Schaaf assured that wasn’t a problem. His dog would simply go get the cow. He turned his attention to the collie. “Lassie, go get Josephine.” (I don’t know the cow’s name, but Josephine was one of my favorite cows when I milked.) Lassie looked at him for a few second, then took off running. The two men walked back to the barn to open the door which led to the pasture. Soon Lassie returned with the one cow that Mr. Vander Schaaf had sent her after. The fact that the dog would only bring the one cow needed impressed Doc Neumann immensely. It was one of the first stories he told about my father in law. I think my grandchildren will enjoy growing up with their puppy. Renae B. Vander Schaaf is an independent writer, author and speaker. Contact her at (605) 530-0017 or agripen@live.com. v
Better yet, DOJ had explained the Washington Post two witnesses it believed July 7. could deliver proof. The As criminal cases, civil suits, first was Tyson Foods, and millions of dollars in fines the nation’s largest levied against Big Meat’s big chicken producer that, players continue to stack up, reported the Denver Post, it’s clear that current efforts “said in 2020 it was coopby Congress and the erating in the federal Department of Justice aren’t probe, taking advantage enough to keep these ag eleof a government policy to FARM & FOOD FILE phants inside the nation’s grant leniency to compaaging antitrust fences. By Alan Guebert nies … first to disclose Part of the problem, illegal price-fixing.” explains Peter Carstensen, The second was an professor of law emeritus at insider, “Robert the University of Wisconsin Bryant, a longtime Pilgrim’s Pride and an expert in ag antitrust, is the employee” who “testified about an complicated nature of antitrust conindustry-wide agreement to share spiracy. “These are complex cases that price and bid information to inflate require great skill to prosecute,” he profits or limit losses, depending on says, pointing to the DOJ’s triple market conditions.” defeat in Denver. “Winning is very As a star witness, though, Bryant hard.” was less than shining; he “admitted on Civil lawsuits may offer a better cross-examination that he had lied to remedy, he suggests, but with one key the FBI ‘multiple times’ on matters refinement. “Since hundreds of milunrelated to the price-fixing probe…” lions of dollars in civil fines seem to be After that revelation, the case seemed of little deterrence to these ag compato slowly crumble. nies,” Carstensen notes, “maybe they The loss, however, hasn’t cooled should lose their corporate charters if DOJ’s pursuit of other poultry execucaught in violation of antitrust laws. tives in criminal court. Presently, “(P) Call it the antitrust ‘death penalty.’” rosecutors have charged four individuCome to think of it, that’s how farmals and two companies… in related ers often deal with livestock that can’t price-fixing cases that are moving to stay within fences: they lose their trial, also in Denver.” charters. Forever. The DOJ isn’t alone. Recently, Sysco, The Farm and Food File is published “the nation’s largest food distributor,” weekly through the United States and filed “a federal lawsuit accusing Tyson Foods, JBS, Cargill and National Beef” Canada. Past columns, events and contact information are posted at www. of having “conspired to suppress the farmandfoodfile.com. v number of cattle being slaughtered… to help drive up the price of beef,”
OPINION
BEYOND THE HORIZON.
Consider our tax-efficient strategies when selling your farm equipment or commodities. RYAN MCKEOWN, CPA, CFP® DANIELLE MEHIA, CFP® 810 Madison Avenue Mankato, MN 56001
(507) 386-1755
wealthenhancement.com
Securities and advisory services offered through LPL Financial, a registered investment advisor. Member FINRA/SIPC.
