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Cattle buyer indicted for defrauding Kansas rancher

Kansas

Jay Aaron Wagner, 38, Oskaloosa, Kan., is charged with conspiracy to commit bank fraud and to engage in monetary transactions with funds derived from unlawful acts. The crime is alleged to have occurred beginning in 2003 and continuing through at least Dec. 5, 2007, in Jefferson County, Kan., and elsewhere.

According to the indictment, Wagner and an unindicted co-conspirator defrauded the owners of the 1,200-acre J Bar Ranch in Jefferson County, Kan. Wagner's co-conspirator had an agreement to purchase cattle for the J Bar Ranch. The J Bar required that the cattle be purchased from a single location and source because it is stressful for cattle to be shipped to pasture. The J Bar also required that a veterinarian examine the cattle and certify that none of them were pregnant. The J Bar agreed to reimburse Wagner's partner for the actual cost of the purchase of the cattle, to pay for shipment of the cattle, and to pay Wagner's partner $2 to $3 a head for handling the transaction.

According to the indictment, Wagner and his partner:

--Created counterfeit documents submitted to the J Bar that fraudulently increased the actual average weight and actual average cost of the cattle. For instance, on April 13 the conspirators created a false invoice representing that 39 head of cattle were purchased at an average weight of 588 pounds and average price of $101.43 per head. In fact, the cattle were purchased at an average weight of 573 pounds and a cost of $97.87 per head.

--Created counterfeit documents submitted to the J Bar that the cattle had been checked by a veterinarian for pregnancy when in fact there had been no examination.

--Caused false invoices from trucking firms to be submitted to the J Bar indicating that the cattle had been purchased and shipped from a single source. For instance, on Dec. 5, 2007, an invoice was presented to the J Bar to show that 76 calves had been transported for Wheeler & Sons Livestock Auction in Osceola, Mo., when in fact the calves had been transported from West Plains, Mo., Springfield, Mo., and Humansville, Mo.

--Engaged in monetary transactions involving the funds obtained by means of the conspiracy. For instance, on April 15, 2006, the conspirators deposited a $23,427.20 check from J Bar Ranch LLC into the account of S7 Cattle Company.

If convicted, Wagner faces a maximum penalty of 30 years in federal prison and a fine up to $1 million. The Federal Bureau of Investigation worked on the case. Assistant U.S. Attorney Richard Hathaway is prosecuting.

6/16/08
1 Star WK\21-B

Date: 6/12/08


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