Release No.: 047-19
WASHINGTON, April 26, 2019 – As part of its commitment to ensuring fair and competitive markets for the livestock, meat and poultry industries, the U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) has enforced a Consent Decree against Tyler D. Gillum (Gillum) and Plainville Livestock Commission Inc. (Plainville) for violating the Packers and Stockyards (P&S) Act. As a result, AMS has imposed the full civil penalty of $117,750 previously agreed to by the violators, and Gillum has surrendered his P&S registration with the Secretary of Agriculture. Mr. Gillum is further barred from seeking registration with the Secretary for a period of not less than 10 years from the date of the settlement agreement, and neither Gillum nor Plainville shall manage, own, or engage in business as a market agency selling livestock on a commission or agency basis at any time prior to March 21, 2029.
Prior to March 21, 2029, Gillum cannot be employed by, work as a contractor or consultant for, or otherwise work for a market agency selling livestock on a commission or agency basis in any position, role, or capacity that requires him to manage, direct, oversee, control, or otherwise be responsible for that market agency’s custodial account for shipper’s proceeds or record generating systems.
On July 12, 2018, the United States District Court for the District of Kansas entered into a Consent Decree that reflected an agreement between the United States, Plainville and Gillum of Plainville, Kansas, a market agency selling livestock on commission subject to the Packers and Stockyards (P&S) Act. In that Consent Decree, Plainville agreed to suspend its market agency activities for two consecutive, regularly conducted commissioned livestock sales on July 24 and July 31, 2018. It also agreed to pay a civil penalty of $117,750, of which $67,750 was held in abeyance for six years pending Plainville and Gillum’s compliance with the terms and conditions of Consent Decree and the requirements of the P&S Act.
The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) subsequently determined however that Plainville and Gillum were violating the P&S Act and the July 12, 2018 Consent Decree. The United States then filed a motion in the U.S. District Court for the District of Kansas to enforce the July 12, 2018, Consent Decree. On March 21, 2019, the Court entered an agreed proposed order approved and submitted by the United States, Plainville, and Gillum.
The P&S Act is a fair trade practice and payment protection law that promotes fair and competitive marketing environments for the livestock, meat and poultry industries.
For further information about the P&S Act, contact Stuart Frank, Director, PSD, Fair Trade Practices Program, Agricultural Marketing Service, USDA at (515) 323-2586, or by email at stuart.frank@usda.gov.
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