Canada avoids taking sides in U.S. beef lawsuit

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Published: July 11, 2002

The Canadian cattle industry showed no interest last week in supporting

American cattle producers who say they were victims of insider trading

by four major United States meat packing companies.

The group of American cattle producers and feedlot operators alleges

that for over a month in the spring of 2001, the four slaughter houses

bought millions of head of cattle from producers while knowingly using

false and deceptive pricing reports that caused live cattle prices to

be below market value.

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The group has launched a class action suit to get compensation. The

companies named in the lawsuit have denied the allegations against them.

Dennis Laycraft, executive vice-president of the Canadian Cattlemen’s

Association, said July 4 that the issue was not under discussion by his

association.

He made it clear that the CCA is more interested in co-operation than

litigation when it comes to its relationship with packers.

“We find that if we work together, we find solutions faster than if we

work against each other.”

The American lawsuit is against Tyson Foods, Inc., which recently

bought IBP Inc.; Excel Corp., a division of Cargill; ConAgra Beef Co.;

and Farmland National Beef Packing Co.

IBP and Cargill also own the two largest cattle packing plants in

Western Canada. Both are in Alberta.

Due to the political nature of the issue, Anne Dunford of Canfax, the

market analysis arm of the CCA, declined comment on whether there is

any basis for the lawsuit lodged in the U.S. and, if price distortion

is found, whether it might have affected cattle prices in Western

Canada.

The plaintiffs named as class representatives in the suit include:

Herman Schumacher, a livestock market operator and cattle producer from

Herreid, South Dakota; Mike Callicrate, a cattle producer and feedlot

operator from St. Francis, Kansas; and Roger Koch, a cattle feeder from

Omaha, Nebraska.

They launched the suit on behalf of all American cattle owners who sold

cattle to the four packers in April and May 2001.

The plaintiffs claim the packers used faulty price reports to drive

down live cattle prices at that time. They say that for nearly a month

in the spring of 2001, the United States Department of Agriculture

reported the price of boxed beef was falling sharply when prices were

actually rising.

The plaintiffs allege that the packers were aware of USDA’s mistake,

but instead of correcting the error, they took advantage of it by

basing their bids for live cattle on the faulty data.

The packers pocketed an extra $40 million US because of the flawed

price reporting, according to the plaintiffs, who argue that money

should be paid to producers who sold cattle to the packers during the

period in question.

“When the price reporting error was discovered, live cattle prices

jumped immediately $40 to $50 per head,” said Schumaker, one of the

plaintiffs.

Mike Callicrate, another of the plaintiffs, said the lawsuit is about

holding the big meat packers accountable.

“In a tacit meeting of the minds, our nation’s four biggest packers

agreed to say nothing when they all knew the boxed beef prices, which

they reported to USDA, and upon which cattlemen relied for negotiating

their cattle prices, were misreported and incorrect.”

About the author

Ian Bell

Brandon bureau

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