NCBA misused checkoff funds, audit indicates

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NCBA misused checkoff funds, audit indicates

By Tom Johnston on 7/27/2010


A routine compliance review indicated that the National Cattlemen's Beef Association has misused beef checkoff dollars, prompting further investigation, Cattlemen's Beef Board Secretary-Treasurer Robert Fountain Jr. said today in a news release.

The review, conducted by CBB with the help of an independent accounting firm, included fiscal years 2008 and 2009 as well as the first five months of fiscal 2010, ended Feb. 28. The firm reviewed NCBA compliance with its agreements to conduct checkoff-funded programs in the areas of beef promotion, research, consumer information and industry information. The review specifically tested overhead costs; employee time reporting as a basis for the allocation of salaries and benefits to the checkoff; travel expenses; costs of NCBA's Federation of State Beef Councils division; and subcontractor selection procedures.

NCBA charges to the checkoff in these five areas, Fountain said, showed expenses improperly charged or insufficiently documented. Among them, he said, were travel expenses for the spouses of staff and volunteer leadership; consulting fees for investigating a certified beef program for the policy division; travel performed to initiate an NCBA-member insurance program and time spent by employees in meetings related to non-checkoff revenue development were charged in full or in part to the checkoff. The alleged infractions occurred in all three periods tested, but they were more prevalent in fiscal 2009 and the first five months of fiscal 2010, Fountain said.

"These findings are extremely troubling to the CBB Executive Committee," he said.

The report has been sent to the USDA's Agricultural Marketing Service, which oversees the beef checkoff, as well as Beef Board members and qualified state beef councils.

NCBA's response

NCBA released a statement saying it received the auditor's final report and is reviewing the information that CBB has released to the public. Meanwhile, NCBA said it is working to formulate a response that it would release later today.

CBB said it will look further into NCBA's checkoff expenditures for fiscal 2009 and 2010, as well as implement new monthly review procedures of NCBA's checkoff expenditures and issue more detailed guidelines to all contractors.

"The objectives of the additional testing will be to gain a better understanding of the CPA firm's findings, to determine the pervasiveness of the reported issues, and to calculate the monetary impact of those issues on the amounts billed by NCBA to CBB and the Federation," Fountain said.

Established as part of the 1985 Farm Bill, the checkoff assess $1 per head on the sale of live domestic and imported cattle, in addition to a comparable assessment on imported beef and beef products.
 
In the New York Times today-- NCBA makes ranchers appear to be the same type cookie jar dipping crooks as the Fatcats of Wall street...
This has really got to be good worldwide PR for the US ranching industry.... :(

But NCBA will fight to the death to keep their hands in the cookie jar- as they know they're high roller lifestyle will be dead and gone without it.... :(

Audit Finds Problems in Cattlemen's Spending


By WILLIAM NEUMAN
Published: August 2, 2010
The New York Times


An influential cattle industry group misused money raised from ranchers and farmers for promoting beef sales and violated federal rules by spending some of it to support lobbying activities, according to an outside financial review.

Accountants examined a sampling of the financial records of the National Cattlemen's Beef Association, the largest recipient of beef industry marketing money under a federally sanctioned program. This year, the association is expected to receive $51 million of the $77 million collected under the program, mainly from ranchers, for marketing purposes.

The spot review found, over a two-and-a-half year period ending in February, tens of thousands of dollars of expenditures that were either improperly charged to the marketing fund or lacked adequate documentation. The results were deemed serious enough that a second, more comprehensive review of the association has been ordered.

In some cases, marketing money paid for the activities of the cattlemen group's lobbying arm, in violation of federal rules created by Congress, the review found.

In other instances, money went toward the travel expenses of the wife of the association's chief executive, Forrest L. Roberts, who accompanied her husband to industry meetings in New Zealand and Texas. The couple also took their 3-year-old daughter on the Texas trip, and marketing funds helped cover her expenses as well.

The financial review, released last week, was commissioned by a separate industry group, the Cattlemen's Beef Board, which is appointed by the secretary of agriculture and oversees the federal marketing effort, known as the beef check-off program.

The board concluded in an executive summary accompanying the review that the cattlemen's association had "breached the financial firewall" between marketing and lobbying.

In a statement, the board called the audit results "extremely troubling" and said it would proceed with the more comprehensive review.

"I'm disappointed that there's been a difference of perception about the appropriateness of some of the expenditures," said Dan Dierschke, the chairman of the beef board. He said that for the first time in recent years, the review was done by an outside accounting firm, Clifton Gunderson, rather than the board's staff.

Officials of the National Cattlemen's Beef Association acknowledged that some mistakes had been made, but they also disputed several of the findings. They said guidelines on how the marketing money should be spent were often unclear.

In a written response that challenged some of the report's conclusions, the association said it expected the review would result in less than $20,000 in reimbursements. The report did not give a total dollar amount for its findings, but it listed at least $90,000 in questionable or poorly documented transactions.

"We spend an awful lot of time trying to make sure that firewall is maintained," said Steve Foglesong, an Illinois rancher and feedlot operator who is president of the cattlemen's association. "As a producer I want my dollars to be spent exactly as they're supposed to be spent."

The review looked at a sampling of financial records, including expense reports and time sheets, from October 2007 through February 2010. It listed dozens of cases in which auditors determined that expenditures or worker hours were either charged inappropriately to the marketing fund or lacked adequate documentation.

The money did not go directly to lobby lawmakers, but in many cases, covered administrative costs of the association's lobbying division, according to the report.

The beef check-off was created by the 1985 Farm Bill. It assesses a mandatory $1-a-head fee on the sale of cattle. The beef board gets about half the money, which it uses to promote beef sales and conduct research into areas like product development and food safety. The board hires groups like the cattlemen's association to carry out these activities. By law, however, the money cannot be used to influence government policy through lobbying.

The most recognizable use of the money is probably the advertising campaign that uses the slogan "Beef. It's what's for dinner." The association manages the campaign.

Because the money comes from farmers and ranchers, beef industry leaders are sensitive to charges of abuse.


Mr. Roberts and his wife, Janet, were not named in the audit but the association identified him as the senior staff member mentioned in the report as having $3,592 of his family's travel expenses paid with the ranchers' money.

Association officials said it was customary to pay the expenses for the wife of the chief executive to attend industry gatherings.

The association said that it had been using the money to pay the travel expenses of its chief executives' wives for years.

"We always felt it was important for them to bring their wives along," Mr. Foglesong said.

"It's always good to have your wife along to help you get centered. That's not anything different than what's been going on for a long, long time."

The audit report said, however, that federal guidelines bar check-off money from being spent on a spouse's travel. Mr. Foglesong said that the association would reimburse the money and pay for spouses' travel using other financing in the future.

Mr. Roberts said that ranchers' money had been used by mistake to pay for his child's travel expenses and that he had personally paid that back.

"I take responsibility and accountability very seriously," Mr. Roberts said.

Mr. Foglesong said it was highly unusual for the audit to be released to the public. In past years, he said, when reviews found discrepancies, the beef board and the association worked out their differences in private.

The financial review was released last week just before the beef industry's annual summer conference in Denver, and it highlighted divisions within the industry.

The association's membership includes many beef industry interests like multinational packers such as Cargill, and small ranchers with a few dozen cattle. But some cattle producers think its views are skewed in favor of the packers and other economically powerful parts of the industry.

For instance, the association has raised objections to an agriculture department proposal to strengthen antitrust rules within the livestock industry. The federal proposal is supported by some groups representing small-scale ranchers.

Ted Greidanus, a beef board member, said that unease over abuse of check-off money was keenest among such groups.

"There is distrust and that distrust has grown greater," Mr. Greidanus said.

The Agriculture Department oversees the beef check-off program. The department said in a written statement that it was reviewing the audit and would determine if additional steps were necessary.
 
Cattlemen Shocked and Appalled - Considering Litigation



Source: Organization for Competitive Markets (OCM) - August 20, 2010



Lincoln, Nebraska: The Organization for Competitive Markets is actively exploring litigation as the best option for addressing the recently disclosed misappropriation of beef checkoff funds by NCBA. During a routine compliance review of NCBA, ordered by the Cattlemen's Beef Board, strong evidence of mishandling of checkoff funds was uncovered. A one percent sampling by the accounting firm Clifton Gunderson found a disturbing level of misuse of the checkoff funds.



OCM Board members were angered by these findings. Members of the organization have long viewed NCBA as an instrument of meat packers rather than the advocate for the interests of beef cattle producers it purports to be. At its regularly scheduled OCM board meeting on August 19th, the vote was unanimous to actively pursue litigation to ensure a detailed and comprehensive audit of the entire fourteen years NCBA has been a contractor for the cattlemen's checkoff.



OCM President, Randy Stevenson said; "The law requires that all cattle producers pay the checkoff, regardless of how they feel about the NCBA or their use of these funds. By government mandate, checkoff funds are to be used to promote beef and not the interests of meat packers. Now we find that NCBA has not only failed in its fiduciary responsibility but has betrayed the trust of cattlemen who fund the program. We want a thorough investigation and complete audit, and every misappropriated dollar returned to the Cattlemen's Beef Board."



competitivemarkets.com
 

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