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  1. #1481
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    Dec. 22, 2008
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    Ah my harpies those talons certainly stay sharp.

    Hey ok so we all agree that Gray Fox Farms continually breaches contracts and engages in criminal acts with clients and customers. I think we all over the board agree on that. Something we CAN do those of us on this board chatting out the sides of our mouths can do is this...

    Where do we go from here?

    As more people know Jill will need to get rid of horses for lack of clients ( Lord Willing!) keep an eye and keep in touch. Use a "runner" "middle man" to purchase the remaining registered stock so we can get them to safe places. If you care for the breed that much if you care for the well being of the horses then you are thinking of a safe way to get the horses out of there. That would be purchase. I'm more than sure there are people close enough. Even I would consider.

    I would hate for Jill to truly feel the backlash and then hoard what is left or auction to kill buyers for kicks. And that is not the only worst case scenario as we pull back the shades.
    Last edited by N. Divina; Aug. 31, 2012 at 03:22 PM.



  2. #1482
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    Feb. 15, 2004
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    Ontario
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    Quote Originally Posted by N. Divina View Post

    Hey ok so we all agree that Gray Fox Farms continually breaches contracts and engages in criminal acts with clients and customers. I think we all over the board agree on that. Something we CAN do those of us on this board chatting out the sides of our mouths can do is this...
    .
    please!



  3. #1483
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    Jan. 28, 2002
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    Alberta, Canada
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    Quote Originally Posted by equinedriver View Post
    I have had some contact from a person"in the know" who is gathering internet evidence of horse/foal sales and reported stud fees sold posted by Jill on various internet sites and is compiling them to be sent to the CA Dept of Revenue and the IRS for an investigation for tax fraud. Her defense to this of course would be that she didn't really own that foal, or that she only sold 25 breedings to Redwine, not 96 as she represented, which if it turns out to be true, is then just more evidence of fraud for the AG or FBI, so it's a win win. Thank you to them for doing that for me. I realize the Federal IRS and be very slow, but in MANY states, the State Dept of Revenue can be relentless, and they then report to the IRS. The more different ways we approach this from, the more likely one of them will result in some action being taken.
    Good job! What about the whole CFIA/USDA angle? Couldn't that get her charged criminally and FAST if she signed off on the zoosanitary certificates herself and didnt get her vet to sign them? Has anyone looked into that yet?
    www.DaventryEquestrian.com
    Home of Oldenburg & RPSI approved pony stallions Daventry's Power Play & Goldhills Brandysnap
    Also home to Daventry Equine Appraisals www.EquineAppraisers.com



  4. #1484
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    Oct. 26, 2007
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    San Jose, Ca
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    Quote Originally Posted by Lynnwood View Post
    So have there been any successful judgments against Jill Burnell of Gray Fox Farm for all the monetary delinquency's ?
    Quote Originally Posted by Long Spot View Post
    Successful as in: A court said "Jill you owe this person $$$ money. I find in the favor of the plaintiff".

    or successful as in: "Dear so and so, here is the money the court says I owe you. Signed, Jill". ?
    Quote Originally Posted by Lynnwood View Post
    Successful as in judgement and then money's paid..has she ever made good on a single case ?
    There are three judgments shown in Sonoma County (do not know if she has other ones in other areas - I believe the one from John French is in San Mateo County).

    The judgment was ordered by the courts in favor of the plaintiffs.

    The judgments were recorded (to show the public what is owned) and still appear outstanding in the public records.

    Usually if someone satisfies a judgments, they record a notice of satisfaction - That has not happened with any of these judgments (or the warrant from back east, or the money owed to French).

    While not an attorney, I agree with Sonesta – next step would be writ of attachment, which means more legal fees, headache etc for the victims. Meanwhile Jill just keeps up doing what she has been doing…
    APPSOLUTE CHOCKLATE - Photo by Kathy Colman



  5. #1485
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    Jul. 19, 2003
    Location
    Aiken SC
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    557

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    Quote Originally Posted by Daventry View Post
    Good job! What about the whole CFIA/USDA angle? Couldn't that get her charged criminally and FAST if she signed off on the zoosanitary certificates herself and didnt get her vet to sign them? Has anyone looked into that yet?
    I have had a contact from the law enforcement person in Canada and there is progress, but nothing for publication just yet.



  6. #1486
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    Feb. 8, 2008
    Location
    Delaware Valley
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    Quote Originally Posted by Appsolute View Post
    While not an attorney, I agree with Sonesta – next step would be writ of attachment, which means more legal fees, headache etc for the victims. Meanwhile Jill just keeps up doing what she has been doing…
    I am an attorney and don't know what you are talking about From what I can tell, equinedriver is in contact with all the right people. Let them figure it out.



  7. #1487
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    Jan. 28, 2002
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    Alberta, Canada
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    Quote Originally Posted by equinedriver View Post
    I have had a contact from the law enforcement person in Canada and there is progress, but nothing for publication just yet.
    I'm assuming any Stallion Owners who potentially falsify zoosanitary certificates would be in HUGE trouble with the CFIA/USDA. I assume it would mean criminal charges, as it effects breeders in Canada. With Canada being CEM free, I'm betting there would be big repercussions with someone potenitally compromising the entire system. Lets hope no one has ever thought of stooping that low!
    www.DaventryEquestrian.com
    Home of Oldenburg & RPSI approved pony stallions Daventry's Power Play & Goldhills Brandysnap
    Also home to Daventry Equine Appraisals www.EquineAppraisers.com



  8. #1488

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    equinedriver, you are doing an amazing job ... please be careful. This kind of work can make people very angry.



  9. #1489
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    Oct. 26, 2007
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    San Jose, Ca
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    Quote Originally Posted by Discobold View Post
    I am an attorney and don't know what you are talking about From what I can tell, equinedriver is in contact with all the right people. Let them figure it out.
    I am talking about the people who have already taken Jill Burnell to court, were awarded a judgement. And then were never able to collect from Jill (there are judgements recorded in Sonoma county - a feed store and a vet are among those who have been awarded judgements).

    Guess I should have said writ of "execution" rather than attachment.

    A writ of execution (also known as an execution) is a court order granted in to put in force a judgment of possession obtained by a plaintiff from a court.[1] When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor. Such property will often then be sold in a sheriff's sale and the proceeds remunerated to the plaintiff in partial or full satisfaction of the judgment.
    Generally, execution is unnecessary for defendants who pay verdicts against themselves voluntarily. However, some defendants ignore judgments against them, and thereby force plaintiffs to employ writs of execution to actually enforce judgments.
    APPSOLUTE CHOCKLATE - Photo by Kathy Colman



  10. #1490
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    Jan. 28, 2002
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    Alberta, Canada
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    What are the ramifications if a Stallion Owner is falsifying zoosanitary certificates when shipping semen across the U.S./Canada border? Does it end up affecting the rest of us? Can they close the border because they don't trust breeders to follow the rules? Or is it only going to affect that one breeder?
    Last edited by Daventry; Aug. 31, 2012 at 09:54 PM.
    www.DaventryEquestrian.com
    Home of Oldenburg & RPSI approved pony stallions Daventry's Power Play & Goldhills Brandysnap
    Also home to Daventry Equine Appraisals www.EquineAppraisers.com



  11. #1491
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    Nov. 5, 2000
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    Quote Originally Posted by Daventry View Post
    What are the ramifications if a Stallion Owner is falsifying zoosanitary certificates when shipping semen across the U.S./Canada border? Does it end up affecting the rest of us? Can they close the border because they don't trust breeders to follow the rules? Or is it only going to affect that one breeder?
    That is a good question. I'd love to know how Canada would proceed if they learned someone in the U.S. had been falsifying zoosanitary certificates on semen shipping into Canada.



  12. #1492
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    Feb. 2, 2003
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    Wynnewood, Oklahoma
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    Quote Originally Posted by DownYonder View Post
    That is a good question. I'd love to know how Canada would proceed if they learned someone in the U.S. had been falsifying zoosanitary certificates on semen shipping into Canada.
    I may be wrong, but I think you will find that the issue will be on the U.S. side of things. The documents that would have been falsified or forged would be U.S. documents. I suspect that it would have some pretty major ramifications for anyone that did so and would come under Federal jurisdiction.
    Equine-Reproduction.com Now offering one on one customized training!
    Leg-Up Equestrian Assistance Program, Inc. A 501(c)(3) non-profit charity



  13. #1493
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    Quote Originally Posted by Equine Reproduction View Post
    I may be wrong, but I think you will find that the issue will be on the U.S. side of things. The documents that would have been falsified or forged would be U.S. documents. I suspect that it would have some pretty major ramifications for anyone that did so and would come under Federal jurisdiction.
    Would it be a USDA violation? Or a Customs violation?



  14. #1494
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    Feb. 23, 1999
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    Cypress, near Houston, Texas
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    Quote Originally Posted by DownYonder View Post
    Would it be a USDA violation? Or a Customs violation?
    Likely both.
    Visit Sonesta Farms website at www.sonestafarms.com or our FaceBook page at www.facebook.com/sonestafarms. Also showing & breeding Cavalier King Charles Spaniels.



  15. #1495
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    Sep. 1, 2012
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    Ontario
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    Wow, Thank you so much for posting all of this information. I was looking at Redwine for one of my mares and have definitely done an about turn on that, don't want to get involved.
    J. A. Martin
    Equine and Small Animal Portraiture
    http://www.facebook.com/J.A.Martin33



  16. #1496
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    Feb. 11, 2003
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    Lincoln, CA, USA
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    As far as USDA CEM endorsement goes, since I have been at the USDA office about 3 times a week all summer, I have met her husband and her dad there getting endorsements a few times. At times I have overheard the USDA person question them about something missing(both seemed to know nothing about the actual paperwork) but she did get the endorsements for several Canadian shipments. Without the embossed USDA endorsement the shipment really does not get through customs. The only questionable part after USDA endorsements would be" who signed the health cert"? It is supposed to be an USDA accredited vet.

    Other than that, with incomplete paperwork it just gets stuck at the border.
    www.immunallusa.com
    www.rainbowequus.com Home of stallions that actually produced champion hunter, jumper and dressage offspring and now also champion eventers



  17. #1497
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    Feb. 2, 2003
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    Wynnewood, Oklahoma
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    Some or all of the following may be pertinent to the current discussion.

    Here is a reference from the USDA as to (part of) their activity for 2011 in the 2012 Explanatory Notes report (http://www.obpa.usda.gov/18aphis2012notes.pdf). Although it refers to APHIS actions other than equine, I suspect the same avenues and actions may apply in the case of someone falsifying export documentation for horse semen.
    In support of its Plant Protection and Quarantine program and CBP, APHIS initiated 5,172 cases involving agricultural quarantine inspection and domestic plant health violations (including plant pests and diseases), issued 520 warnings, collected $1,376,471 in stipulated penalties, and obtained administrative orders that resulted in the assessment of an additional $175,250 in civil penalties. Based on hundreds of referrals from CBP in recent years, APHIS has conducted extensive investigations involving two companies for chronic patterns of non-compliance with agricultural hold requirements. APHIS referred both cases to USDA’s Office of the General Counsel (OGC) and/or the Department of Justice (DoJ) prior to FY 2010, and as a result of the investigations, OGC and DoJ reached agreements with the offenders to resolve these two high profile cases. OGC successfully negotiated a consent decision through which the one company, a major express courier, agreed to pay a $500,000 civil penalty and implement new procedures for improving its compliance. DoJ negotiated an agreement in which the second company, an airport services provider, pled guilty to two felony counts and will pay a $1,000,000 penalty. [My emphasis] In addition, APHIS conducted a high priority investigation involving the alleged falsification of multiple phytosanitary certificates used to import containers of apples from the State of Washington into mainland China. Agriculture officials in China reported the fraudulent certificates to U.S. officials, resulting in APHIS investigation. This investigation was of national significance because the major agricultural export market in China, (which took years to develop), was placed in jeopardy. APHIS identified a scheme through which the subject company could produce multiple fraudulent phytosanitary certificates based on inspection records generated for small amounts of fruit. APHIS had referred this case to DoJ for criminal prosecution.
    In another USDA report (Office of Inspector General Semiannual Report to Congress First Half 2011 October 1, 2010 – March 31, 2011; http://www.usda.gov/oig/webdocs/sarc2011_1st_half.pdf), the following appears, which again although not related to equines, does relate to falsification of export documentation:
    Federal Court Orders Houston Company To Pay $15 Million Settlement in Procurement Fraud Scam and Sentences the Company’s Owner and Others to Jail

    In the Semiannual Report to Congress (SARC), First Half of FY 2010, OIG first reported that the owner and employees of a Houston food company forged export certificates to send expired and non-expired food to Middle Eastern companies, including suppliers to U.S. troops, and conspired with a transport company to inflate charges for delivering food and other items. In November 2010, the food company and its owner entered into a civil settlement agreement with the U.S. Attorney’s Office and agreed to pay $15 million to settle civil charges relating to this matter. In December 2010, the Federal Court for the Southern District of Texas sentenced the food company’s owner to serve 24 months in jail and pay a $100,000 fine. The former purchasing agent for the food company was sentenced in April 2010 to serve 36 months of probation and ordered to pay nearly $2.1 million in restitution jointly and severally with the owner. As we formerly reported, a contractor was also sentenced to serve 36 months of probation and ordered to pay a $2,000 fine and $42,000 in restitution. This investigation was conducted jointly with the Defense Criminal Investigative Service and the U.S. Army Criminal Investigation Command-Procurement Fraud Unit.
    Elsewhere in that same report:

    Florida Exporter Pleads Guilty to Using Falsified USDA Seal and Logo To Export Cocoa and Chocolate Products to Panama

    An OIG investigation disclosed that the owner of a Florida company created false documents, including letter certificates purportedly issued by AMS, to export six shipments of cocoa powder to Panama. These forged documents were used to secure entry of the products into Panama and fraudulently attested to the wholesomeness of the products. For example, the Florida exporter used one such document to secure the entry of approximately 19,000 pounds of chocolate products, worth about $35,000. In February 2011, the exporter pled guilty to one felony count of fraudulently and wrongfully affixing the USDA seal and logo to a document. Sentencing is pending.
    The following regulation would appear to be that applicable to falsification of USDA export documentation (http://law.onecle.com/uscode/07/7734.html):

    Sec. 7734. Penalties for violation (a)
    Criminal penalties
    (1)
    Offenses
    (A)
    In general
    A person that knowingly violates this chapter, or knowingly forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided for in this chapter shall be fined under title 18, imprisoned not more than 1 year, or both.
    (B)
    Movement
    A person that knowingly imports, enters, exports, or moves any plant, plant product, biological control organism, plant pest, noxious weed, or article, for distribution or sale, in violation of this chapter, shall be fined under title 18, imprisoned not more than 5 years, or both.
    (2)
    Multiple violations
    On the second and any subsequent conviction of a person of a violation of this chapter under paragraph (1), the person shall be fined under title 18, imprisoned not more than 10 years, or both.
    (b)
    Civil penalties
    (1)
    In general
    Any person that violates this chapter, or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided for in this chapter may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary that does not exceed the greater of—
    (A) $50,000 in the case of any individual (except that the civil penalty may not exceed $1,000 in the case of an initial violation of this chapter by an individual moving regulated articles not for monetary gain), $250,000 in the case of any other person for each violation, $500,000 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,000,000 for all violations adjudicated in a single proceeding if the violations include a willful violation; or
    (B) twice the gross gain or gross loss for any violation, forgery, counterfeiting, unauthorized use, defacing, or destruction of a certificate, permit, or other document provided for in this chapter that results in the person deriving pecuniary gain or causing pecuniary loss to another.
    (2)
    Factors in determining civil penalty
    In determining the amount of a civil penalty, the Secretary shall take into account the nature, circumstance, extent, and gravity of the violation or violations and the Secretary may consider, with respect to the violator—
    (A) ability to pay;
    (B) effect on ability to continue to do business;
    (C) any history of prior violations;
    (D) the degree of culpability; and
    (E) any other factors the Secretary considers appropriate.
    (3)
    Settlement of civil penalties
    The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that may be assessed under this subsection.
    (4)
    Finality of orders
    The order of the Secretary assessing a civil penalty shall be treated as a final order reviewable under chapter 158 of title 28. The validity of the Secretary’s order may not be reviewed in an action to collect the civil penalty. Any civil penalty not paid in full when due under an order assessing the civil penalty shall thereafter accrue interest until paid at the rate of interest applicable to civil judgments of the courts of the United States.
    (c)
    Liability for acts of an agent
    When construing and enforcing this chapter, the act, omission, or failure of any officer, agent, or person acting for or employed by any other person within the scope of his or her employment or office, shall be deemed also to be the act, omission, or failure of the other person.
    (d)
    Guidelines for civil penalties
    The Secretary shall coordinate with the Attorney General to establish guidelines to determine under what circumstances the Secretary may issue a civil penalty or suitable notice of warning in lieu of prosecution by the Attorney General of a violation of this chapter.
    Equine-Reproduction.com Now offering one on one customized training!
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  18. #1498
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    Oct. 13, 2003
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    Eastern Pacific coast
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    Quote Originally Posted by Edgar View Post
    As far as USDA CEM endorsement goes...I have overheard the USDA person question them about something missing(both seemed to know nothing about the actual paperwork) but she did get the endorsements for several Canadian shipments.
    So it's business as usual...collecting and shipping from that nightmare of a lab.
    Unless all the stallions are elsewhere, and someone is giving her the space to process shipments.

    It seems we need more presence in Canada for buyer beware. I can't bear another story months from now about sick mares.
    Last edited by Mardi; Sep. 2, 2012 at 01:24 AM.
    -Amor vincit omnia-



  19. #1499
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    Feb. 15, 2004
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    Ontario
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    It was posted by Daventry on emg http://www.equiman.com/forums/ubbthr...475#Post478475 but either the Canadian breeders (in the East at least) do not use Gray Fox Farm or they don't believe it. Daventry also posted the links to the EVA information,



  20. #1500
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    Jul. 31, 2006
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    VA
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    bumped
    Free bar.ka and tidy rabbit.



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