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USDA says powerful hog buyer cheated again

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For the second time in four years, an influential nationwide pork dealer has been sanctioned by federal regulators for illegal buying practices that cheated hog sellers out of hundreds of thousands of dollars.
Lynch Livestock, based in Waucoma, Iowa, is a USDA-licensed livestock dealer that operates 39 buying stations in Iowa, Nebraska and six other states. The Nebraska locations are in Beatrice and Crete, according to the company website.
The company has been ordered to stop recording false weights for hogs delivered to its buying stations, to stop altering classifications of hogs delivered, and to stop creating false scale tickets. Those practices violate federal law and result in underpayments to producers.

In a consent order signed this month, the U.S. Department of Agriculture also ordered Lynch Livestock to pay a civil penalty of $445,626, which will be reduced for restitution paid to affected livestock sellers.

The USDA had ordered Lynch Livestock to cease and desist from the same improper buying and weighing practices in October 2017 and to pay a $15,000 fine and restitution to two companies that were the primary targets.

The company promised then to overhaul its practices by adopting digital-only scales, replacing its software to ensure animal weights were properly recorded, and hiring a chief operating officer, according to documents obtained by the Associated Press under the Freedom of Information Act.


But the problems did not stop, in at least one of its buying stations.
The USDA said that its investigation found that from January 2018 through December 2020, Lynch falsified its purchases from sellers by “manually manipulating the scale” at its Waucoma buying station, causing it to record a lower weight for hogs they delivered.
Lynch Livestock is owned by Gary Lynch, who is a longtime financial supporter of Iowa State University athletics and Republican politicians in Iowa, including Gov. Kim Reynolds and U.S. Sen. Joni Ernst. His foundation’s annual banquet in June featured Minnesota Vikings head coach Mike Zimmer and Iowa State’s football and basketball coaches.



The company buys hogs from producers and markets those animals to packing plants around the country for companies such as Johnsonville Sausage and Bob Evans. Gary Lynch also owns packing plants in Iowa and Minnesota and a roasting plant in Decorah.
In both enforcement actions, Lynch Livestock cooperated with investigators and agreed to settle the alleged violations without admitting or contesting them. The USDA said that the company “immediately took corrective action” even before agreeing to the latest consent order.


Gary Lynch, 74, did not immediately comment.
His brother, John Lynch, has alleged in a lawsuit that he discovered illegal transactions, including inaccurate weight tickets and sorting irregularities, reported them to company officials in April 2017 and was fired for doing so. His lawsuit was put on hold while John Lynch, who suffered a devastating stroke hours after his firing, pursues a workers’ compensation claim.


Shortly after his brother’s firing, Gary Lynch in May 2017 self-reported irregularities in his company’s weighing practices to USDA and asked for an audit, records show. The agency enforces the Packers and Stockyards Act, which is intended to protect farmers and ranchers against unfair practices in the livestock industry.
That investigation found Lynch Livestock “willfully violated” the law by arbitrarily lowering weights for hogs delivered to its stations, downgrading the classification of hogs, fictitiously claiming dead hogs to lower the price and creating false scale tickets to back up the altered weights, records show.

The USDA documents identified Iowa Select Farms, the state’s largest pork producer, as one of the victims. The USDA redacted the name of others and the amount of restitution sellers were to be paid. An Iowa Select Farms spokeswoman declined comment.
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The 2017 case didn’t erode Lynch’s standing in the industry, philanthropy or politics. The Iowa Pork Producers Association named him an honorary master producer the next year.

Gary Lynch has given at least $115,000 to Reynolds’ campaigns since 2016 and tens of thousands more to the Republican Party of Iowa, state legislative leaders and members of Congress, disclosure records show. At a 2019 event for Iowa Select Farms owner Jeff Hansen’s charity, Lynch paid $4,350 to win an auction for an afternoon with the governor, including lunch at her mansion and a Capitol tour.

After the pandemic began in April 2020, Lynch Livestock was one of the first Iowa companies that received on-site COVID-19 testing by a strike team deployed by the Reynolds’ administration. Critics have argued that well-connected companies were given special treatment, while Reynolds has denied that politics were a factor.

 
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An influential hog dealer sanctioned twice for defrauding pork producers out of hundreds of thousands of dollars says it has fired employees responsible for its latest violations and paid restitution to affected sellers.
Lynch Livestock, based in Waucoma, Iowa, also announced that pork industry veteran Dan Sutherland would lead the company going forward “as a further safeguard against future violations,” citing Sutherland’s experience in compliance matters.
Lynch announced those moves in a press release posted online Wednesday, after The Associated Press reported that the U.S. Department of Agriculture had taken enforcement action against the company for illegal buying practices for the second time since 2017.

The company’s longtime owner, Gary Lynch, a top booster of Iowa State athletics and political donor to Iowa Republican elected officials, hasn’t returned messages seeking comment.

In the press release, his company said the USDA received a complaint in January that employees at its Waucoma buying station were manipulating the scale and issuing false tickets to artificially lower payments to producers.


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Lynch said it investigated the allegations and terminated an unspecified number of employees who engaged in those practices.

“Although this situation arose due to the actions of a few employees at one buying station, we take this matter very seriously,” Gary Lynch, 74, was quoted as saying. “We have already made great strides in establishing new processes and procedures to empower employees and ensure producers receive fair compensation.”
USDA said its investigation found the practices went on for three years, from January 2018 through 2020. The agency ordered Lynch Livestock to pay $445,626 in penalties and restitution, and to stop recording false weights, altering classifications of hogs delivered, and creating false scale tickets.

The company said restitution has already been sent to producers who were underpaid for their hogs.


The USDA had ordered Lynch to pay a fine and restitution and to stop the same practices in 2017, after an investigation found the company “willfully violated” the Packers and Stockyards Act. Company employees arbitrarily lowered weights for delivered hogs, downgraded their classifications, fictitiously claimed dead hogs to lower prices and created false scale tickets to back up altered weights.
The USDA has resolved more than 100 legal actions against businesses and individuals for alleged fair trade violations in the livestock industry in the last five years. Lynch Livestock and meat giant JBS USA are the only companies that have faced sanctions twice during that period, according to data on its website.



The USDA has not revoked Lynch’s dealer license and praised the company in a press release last week for its cooperation and voluntary corrective actions. The company operates 39 buying stations across eight Midwestern states, and markets hogs to major packing plants across the country.
Gary Lynch’s brother, John Lynch, has alleged in a wrongful termination lawsuit that he discovered weighing and sorting violations in April 2017 and was fired almost immediately after reporting them to company executives. Gary Lynch then reported the irregularities to the USDA, which launched its investigation.

In its press release, the company said it had recently “established an internal whistleblower process” to allow employees to report violations without retaliation.

Gary Lynch expressed confidence that positive changes will be made under Sutherland, who spent decades as an executive with Johnsonville Sausage.
“We expect Dan will not only help us move forward with these initiatives, but also help Lynch Livestock innovate further in this area,” he said.
The company did not publicize another change to its corporate structure. On July 15, two days after signing the USDA consent order, Gary Lynch filed paperwork with the Iowa Secretary of State to change the company’s name to Lynch Family Companies Inc. The same day, a new Lynch Livestock was incorporated.

 
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