The Farm Bureau Scandal
Farm Bureau--"The Voice of Agriculture"
Monsanto's "Catch 22" (Forgeries)
(An incident that offends the moral sensibilities of society)
James Winiger, PlaintiffVS.Posey County Farm Bureau Co-op. Asso. Inc. Defendant
CAUSE NO. 65C01-9504-CP-00091
An alleged conspiracy either exist or has existed between Farm Bureau and the chemical company Monsanto to cheat the American farmers and their land owners out of the settlements due them caused by poor weed control. Monsanto paid to Farm Bureau a small percentage of the producers and the land owners actual losses in the form of checks or chemicals in exchange for a signed release by the producers holding Monsanto harmless. Farm Bureau forged my signature and the signatures of numerous farmers and/or landowners to these releases in order to comply with the requirements of the chemical company to receive the settlements the chemical company offered. These actions by Farm Bureau has caused potentially millions of dollars of damage and financial loss to the American Farmers and their land owners.
This violation against my civilrights and those of the other producers and land owners is unforgivable and inexcusable by a company like Farm Bureau, who the producers thought were standing up for the rights of the American farmers and is also a company who is widely respected through out this nation.
Farm Bureau and Monsanto Chemical Co. should be held accountable for the losses inflicted by them upon the producers and land owners.
In the Posey County Farm Bureau Cooperative Association, I am aware of a file or files that contains the forged signatures of numerous producers and/or land owners in the state of Indiana and possibly a portion of southern Illinois. This knowledge was obtained through sworn depositions of the employee's of Farm Bureau.
The Posey County Farm Bureau Cooperative Association is an affiliate of the Countrymark Co-op which is comprised of the Indiana Farm Bureau Co-op and Countrymark of Ohio and Michigan. The Co-op's have struggled the last several years, according to Mr. Swinney, General Manager of the Posey County Farm Bureau Co-op.(see article in the Southwind Sentinel-summer 1998) Financial Struggle may be the reason for the actions taken by Farm Bureau described in this article.
I believe that Posey County Farm Bureau Co-op, it's Board of Directors, Jim Swinney and some of the co-op employees are guilty of civil and criminal wrong which includes Felony-Fraud, Forgery, Cheat, Conspiracy, Contrivance, Breach of Contract, Disallow-Payment, Intentional Wrongdoing, Misprision of Felony, Professional Foul, Accessory, Extortion, Negligence
How far has the honesty and integrity of the Farm Bureau, Monsanto and their employee's fallen to make a profit ?
I have lived and farmer in Posey County for 33 years! I did not think that we have neighbors in this small community of Mt. Vernon, Indiana who would do this to their neighbors.
Anyone involved in this illegal activity, their employment should be terminated.
HISTORY OF EVENTS
This editorial is presented chronologically
May of 93 Farm Bureau's misapplication and shortagesof chemicals that did not control weeds in my crops. Pictures 1---2---3---4----5----6----Study by Reid Smeda-University of Missouri (YIELD SHORTAGES)
May of 93 Carl Redman's indifference, willful neglect and no action to correct the problem within the grace period available. Carl said at deposition that he never went to the fields to check for damage.I reported the damage to Carl personally about the 25th. of May and he did not go to the fields until June 30th. a peroid of 35 days of Neglect. (page35 @ line 21-25)While attempting to get Carl Redman, Manager of the Chemical Department, to correct the weed problem that they caused there were 12 long distance phone calls made to Farm Bureau Co-op during May and June of 93. (Refer to AT&T phone bills for May and June of 93)
June 93 I called a Dow Chemical Rep. Harold Paul [Horse Power] who I thought was a friend. We used to ride the school bus together, I explained what had happened and asked what should I do? He said, Jim I cannot help you and hung up the phone in my ear. He than called Farm Bureau and talked to Jim Swinney and said I was trying to cause trouble. That's a lie, I was just trying to find a peaceful way to resolve this matter. I guess, I should have known better about someone who used to steal gas at night from my father on the farm.
June 30th, 93 Carl Redman, manager of the chemical dept., Jeff Jarrett, Monsanto Sales Rep., and Dee Marshall, secretary forged my signature to two release of claim forms. (These are Class C felonies as per Posey County Prosecutor) These release of claim forms were used to move and change ownership of product in my name and to move money in the form of a check in my name, without my knowledge or consent and were used to deny my claims for damages, by Farmland Insurance Co. of Bloomington, IL.
Taken from the Deposition of Dee Marshall
Dee Marshall said, "They wanted me too sign this so they could say that they had sprayed certain items on this field"
Dee Marshall was asked if she signed Mr. Winiger's signature in order to help out Jim Winiger-----Her answer was NO. (exhibits 38 and 39 are the forged release of claim forms)
July 21st, 93 I, Carl Redman and Gene Haggedorn, an American Cyanamid sales rep., had a meeting in the 170 acre bean field to determine why the chemicals did not work. (Not the Monsanto Sales Rep. Jeff Jarrett) Mr. Haggedorn said, Jim look at the plants that are growing, they are all old growth, there is no new growth.(new weeds) My chemicals are working. The old growth was not killed by Round-Up. This is Monsanto's chemical not mine. Pictures 1---2---3
July 26th, 93 Jim Swinney, manager of the Posey County Farm Bureau Co-op, sent a note to Carl Litten (my farm manager) saying Farm Bureau will credit his account.($420.50). Jim Swinney said in the note. "I hope this is acceptable and per agreement with Monsanto and Mr. Winiger"(Fraud-willful misrepresentation) whom I am copying with this memo also. Per agreement with Monsanto and Mr. Winiger This Statement is a lie, There was no agreement, I had not talked to Monsanto and in fact I did not meet with the Monsanto Sales Rep. until Aug. 18th, 93. The agreement Mr. Swinney speaks of is the forged release form dated June 30th, 93. I did not receive a copy of the memo that Mr. Swinney wrote about in the note to Carl Litten. If I had received a copy I would have known that Farm Bureau was trying to pull a fast one on my Landowners. In the note by Mr. Swinney to Carl Litten. Mr. Swinney says, per agreement with Monsanto and Mr. Winiger. This falsely lead Carl Litten to believe that I had talked to Monsanto and reached an agreement for damages. Carl then wrote a check to Farm Bureau for more than $3500.00. I believe in this action by Mr. Swinney, he is guilty of Class C Felony-- Fraud, Extortionand Intentional Wrongdoing. See Script-O-Gram7/26/93.With the above actions by Mr. Swinney my landowners (Kelley-Thomas Farms) with Carl Litten as farm manager were denied their portion ($12,000.00) of the claim for crop damages.
Aug. 13th, 93 During the first meeting I had with Jim Swinney, while touring the weedy fields, Mr. Swinney talked of taking a comparison to settle this claim. He said, "I suppose that's about the only way you could do it"Tape of the first meeting
Aug. 18th . 93 Second meeting---Jim Swinney, Carl Redman, Jeff Jarrett (Monsanto Rep) and myself. During this meeting Jim Swinney said he will send the Insurance man out and I (Mr. Swinney) just have to abide by what he tells me. Tape B side-counter no. 238. This is also the first time I ever met or talked to the Monsanto Sales Rep. Jeff Jarrett. Approximately 45 days after my signature was forged to the release forms and approximately 21 days after Mr. Swinney sent the deceptive note to Carl Litten and Farm Bureau's receiving a check as a result of that note.(extortion) Taped second meeting.
Aug. 26th, 93 Third Meeting----Meeting with Ron Janes, Insurance Adjuster, during this meeting Ron Janes said 3 times that comparison (good from the bad) was the best way and the way that he wanted to settle my claim. See tape-Ron Janes
After these 3 meetings in Aug. 93 I was convinced that there would indeed be a settlement made, after comparison, to settle my claims.
Sept. 22nd. 93 Ron Jane, Insurance Adjuster, makes his first report to Farmland Insurance Co. of Bloomington, IL.
Oct. 93 At harvest time I called Farm Bureau to ask if they had any special way that they wanted the comparison test to be made. I received no response. Farm Bureau did not respond to my call because they were hoping I would forget to made the comparison test or that I would get aggravated because they did not respond and I would not run the test. In this way I would not be able to prove my losses.
Nov. 93 I sent to Ron Janes, insurance adjuster, the results of the yield comparison.
Dec. 1st. 93 Ron Janes sent his second report to Farmland Insurance Co. of Bloomington, IL.
Ron Janes said " On December 1, 1993 I talked with Mr. Winiger by phone. He is very anxious to settle. He indicated to me that his banker is concerned about this amount of money being out and it hurts his cash flow."
Ron Janes apparently past this information on to Mr. Swinney, who in turn contacted my bank. (National City Bank)
Dec. 6th. 93 Mr. Swinney sent me a letter demanding payment in full on the open account I had with Farm Bureau for fertilizer and chemical (approximately $58,000) which I had refused to pay until a settlement was reached for the damages Farm Bureau had caused me and my landowners. I had already paid over $5000.00 on the account! The note stated that (Mr. Swinney) "I am doubtful that the claim will be settled quickly or for that matter at all". I (Jim Winiger) should have smelled this rat, here!
Dec. 8th 93 Armed with the information provided by Ron Janes on Dec.1st. Mr. Swinney called my banker and interrupted my operating loan with National City Bank. I believe Mr. Swinney to be guilty of a professional foul, contrivance.
About Dec. 10th 93 I was called to Chris Melton's office (Senior vice president of National Bank). Chris told me that he had received a phone call from Jim Swinney manager of the Farm Bureau Co-op in Mt. Vernon, Indiana. Chris was told that I owed the Co-op $58,000.00 for fertilizer and chemicals and the co-op was going to court to collect. I explained to Chris that the co-op caused me a loss of approximately $250,000.00 for the 93 crop and that I had refused to pay them until they made a settlement with me for my crop loss. Chris said, Jim your loan is coming up for renewal at the end of this month (Dec.93) and if you have a judgment against you by Farm Bureau Co-op the Bank would take a very dim view of your loan. At this point I had no choice but to pay Farm Bureau so my operating loan would be renewed.
Dec. 15th, 93 Not having the $58,000.00, caused by Farm Bureau, I worked out a payment schedule with Mr. Swinney of Farm Bureau to pay the $58,000.00 account for fertilizer and chemicals. I made three payments, one each month Jan, Feb and March of 94.
Mid-Dec, 93 Jim Swinney, General Manager, Forged my signature to a Promissory Note for $53,732.30
Dec. 20th, 93 Jim Swinney sent a letter to Chris Melton at National City Bank.
Dec. 31st, 93 My Operating Loan at National City Bank was canceled completely and I was given 6 months to pay in full. This was unbelievable because I was just completing a year of $2,207,490.72 worth of sales with $204,529.48 of net. (Financial Statements 1989 through 1996) With this attack on my operating loan at National City Bank, Mr. Swinney and Farm Bureau damaged and destroyed my businesses beyond repair. Damaged and destroyed my name in the business world and has destroyed my personal financial existence as well.
Jan. 3rd. 94 Ron Janes sends his third report to Farmland Insurance Co. of Bloomington, Il. Included in this report and according to Ron Janes there is a Signed Promissory Note$53,732.30 And he said, it was Signed by Mr. Winiger. (Ron Janes placed this paper in his report, i.e. he had to see my forged signature on it.) This is the third forgery by Posey County Farm Bureau Co-op using my signature !
Feb. 3rd. 94 Ron Janes sends his fourth report to Farmland Insurance Co.
March 94 Approximately 10 to 15 days after my last payment, I received a letter from Ron Janes, Insurance Adjuster for Farm Land, saying that my claim for damages have been denied. These claims were signed by Ron Janes. Ron Janes said in his deposition that he did not know that my claims had been denied. Perjury
One must assume that the insurance company also used the forged settlementdocuments provided by Farm Bureau and Ron Janes, Insurance Adjuster, exhibits 38 + 39, saying that I had already agreed to a financial settlement, to deny my claim for damages. One must also assume with the events described that Mr. Swinney and Ron Janes were in control of, or instrumental of, my settlement with the Insurance Co. Farm Land. Mr. Swinney said during out first and second meetings that he would abide by what ever the Insurance Adjuster recommended.
Now wouldn't you believe Ron Janes and Jim Swinney were working together to deny my claims for damages !!
If Mr. Swinney was involved in this decision of denying my claim I believe he is guilty ofa professional foul, contrivance and disallow payment.
April 4th. 94 Ron Janes sends his fifth report to Farmland Insurance Co.
May 5th. 94 Ron Janes sends his sixth & final report to Farmland Insurance Co.
June 20th. 1994 I received a phone call from Kerry Williams, Manager or Tri. County Agronmics, saying that Jim Swinney and Richard Biggs, county extension agent for Purdue University, were walking my fields of blue corn. Purdue's official stance on issues of this nature. Purdue will not testify against any producer and will also not testify against any chemical company. But this was not going to stop Richard Biggs! Richard is good friends with the people of the co-op.
Spring of 96 Jim Swinney's comment in his deposition page 63@23. To the best of my knowledge this incident happened in the spring of 96 and Everett Schmidt did not hear it in a coffee shop, I told him directly. This was not a claim it was a fact that 20 bushels per acre was the break even on my Kentucky Blue Corn and I had expected to get well over that because I had performed a lot of breeding to the original to get the Kentucky Blue variety that I was using.---Everett, I always considered you to be a friend and I though you to be a fair man. "Boy" was I mistaken..
Nov. 12th, 97 Deposition of Carl Redman. Chemical's Manager for Posey County Farm Bureau Co-op
May 6th, 98 Deposition of Jim Winiger Plaintiff
May 7th, 98 Deposition of Dee Marshall, Secretary for Carl Redman in 93 at the Posey County Farm Bureau Co-op
May 7th, 98 Deposition of Jim Swinney, General Manager of the Posey County Farm Bureau Co-op
May 18th, 98 Deposition of Janis Winiger
May 28th, 98 Deposition of Dr. George Kapusta Professor, Department of Plant, Soil and General Agriculture at Southern Illinois University.
July 20th. 98 The Plaintiff and the Defendant are required to attend the second Meditation Conference in which Judge William H. Miller of the Vanderburgh County Bar Association presides over the events. The conference lasted 5 hours to no avail. The damages to the plaintiff is approximately $2,000,000.00. The Plaintiff in good faith dropped his demand immediately by more than 1/2 million dollars but the Defendant, Farm Bureau, would not increase it's offer of $40,000.00 for an out of court settlement. During the conference Judge Miller suggested to the Plaintiff and his Attonery that the court proceedings should be moved from Posey County. The Judge said that Farm Bureau has been in Mt. Vernon, since about 1943 and for about 20 years was virtually the only employer in town and also that everybody in the town of about 7500 people knows of or about Farm Bureau. He said you will not win this case in Mt. Vernon. Judge Miller also suggested that the Plaintiff check into the possibility of Fraud by the co-op in this case. (Fraud--A deception deliberately practiced in order to secure unfair or unlawful gain) a cheat.
During this mediation Jim Swinney, manager of the Posey County Farm Bureau Co-op, was arrogant to suggest that I should have gone to another applicator to have them spray (respray) my weed problem that the co-op caused. I wished I would have gone to another applicator to start with period !
August 19th, 98 Deposition of Jeff Jarrett Sales Rep. for Monsanto Chemical Co. St. Louis, Mo.
August 19th, 98 Deposition of Ron Janes, owner of Janes Adjusting, Route 6, Olney, IL. Adjuster for Posey County Farm Bureau Co-op in this case
Question--Page 7@13 You have had no specific training dealing with crops and crop losses?----Answer--I have had no formal training.
Question--Page 13@17 Do you make recommendations from time to time?----Answer--On situations with crops and with chemical situations, there's so many things involved that, most generally, I don't feel that I'm in a position to do that. So I very rarely do, if ever.---- In this case Ron Janes made 5 recommendations and as you can see, in his reports, they did not want anyone to read these because portions of these reports have been blacked out. Reports No.1---2---3---4---5---6
Question--Page 20@4 And Farm Bureau did not contact you until the last month or so.----Answer--Well the only contact I had from Farm Bureau was just a conversation with Jim Swinney asking me if I had given my deposition. --- Jim Winiger's (comment) Jim Swinney has been present at all depositions! He knew that Mr. Janes had not given his deposition. This occasion was used to make sure Ron Janes destroyed his files by the time he gave his deposition.
Oct. 29th. 98 Posey County Farm Bureau Co-op. contacted the Warrick County Farm Bureau Co-op. in Evansville In. Wanting to know if they would intercede on behalf of the Posey County Co-op by making a phone call to an owner of farm land in Posey County that I (Jim Winiger) used to farm. This was done to find out if the land owner would allow Posey County Co-op access to his farm for purposes of measuring his land to use against me in court. This farm was not involved in the damages caused by Posey County Farm Bureau Co-op in 93 or 94.
It appears that Warrick County Farm Bureau Co-op must approve of the unlawful actions of the Posey County Farm Bureau Co-op because the call was indeed placed.
Farm Bureau and Jim Swinney would be better off if they would practice what President Clinton said on the World News. Wed, Oct. 28th. 1998. "When one makes a mistake they should admit it and try to correct it"
January 12th. 99 I was forced to dismiss my attorney.
June 4th, 99 Someone set fire to a soybean field that I used
to farm, it is now farmer by my brother and nephew. The field was a notill
field with a small amount of dry matter on the surface. The fire burned
a strip 25 ft wide and 250 yards long before running out of dry matter.
If this field had already been sprayed to kill all vegitation, the fire
would have consumed 140 acres of soybeans. The field is scheduled to be
sprayed the week of June 7-99. I have made a complaint to the Posey County
Sheriffs Department. No action was taken, the department did not come to
the site even to look!
June 5th, 99 Before the Sheriff's Sale of my home and 4 acres and out buildings on June 3rd, I contacted the Sheriff and told him that I could not get all of my personal belongs from the property before the sale. He said, I will give you 10 days after the sale for that. On Saturday June 5th, I and one of my employees were in the shop loading my personal property on to a trailer when a pickup truck drove up to us and a man (Larry G. Riley) jump out and said "What in the hell are you doing, your trespassing on my private property and taking my personal property. I said, no I am not, this is my personal prorerty and the Sheriff said I had 10 days to remove it. He reached into his pocket and pulled out a gun. With that I reached over and picked up the phone and called Posey County Sheriff.(Melvin Buchanan) The Sheriff said well Jim make your complain to the Posey County Prosecutor. Larry Riley was standing there and pointing a piston at me and one of my employees and the Sheriff "Melvin Buchanan" would not take action to keep us from been killed. I and my employee was forced to leave the property at gun point without my belongings. I believe that the Sheriff "Melvin Buchanan" was told by someone "do not interfer"
The County Prosecutor never took action when I gave him the forgeries commited by Farm Bureau so why should I go to him again.
|Fall of 99 One week before the trial against Posey County Farm Bureau Co-op, Superior Court Judge, James Redwine, called a pretrial hearing. In this hearing, he said, Jim, you are not allowed to show the jury the forgeries. I said, what did you say, Judge Redwine said, I said you cannot show the jury the forgeries. I said, you just cost me my case. - - Through out the 5 or 6 years of Litigation, Judge Redwine repeated several times that he didnot want this trial in his court room. I thought that an unsual thing to say so I went to the Court house to check who had contributed to his election. [this is public knowledge, anyone has a right to see the contributions] When I went to the office where this infomation is keep, the lady said, that infoemation is in the office down at the end of the hall. So, I went to that office, as I entered the office the secretary was on the phone and I over heard her say, "here he comes now". She was apperaently being warned that I wanted to see the contributions record. I asked to see the contributions for Judge James Redwine and as a second thought I asked for the contributions for the Posey County Prosecutor also. In these two folders there was one record each saying the Judge Redwine and Prosecutor Trent VanHaaften had contributed $500 each to their own election campaign and all other records were missing. How convenient. One must assume that the Judge and Prosecutor didnot want the contributions from Posey County Farm Bureau Co-op to be Public Knowledge. These contributions "could be" the reason Judge Redwine would not allow me to present the forgreies to the jury and why Prosecutor Trent VanHaaften would not prosecute the persons responsiable for "Class C Felony Offenses".|
|Prosecutor Trent VanHaaften|
$6 Million Reserve
Criminal and Civil Wrong
I, Jim Winiger, believe the following to be guilty of !
Dee Marshall guilty of forgery. Numerous times and for more than one year.exhibits 38 & 39, 13@9-20, 15@12-15, 16@4-9, 18@10-11, 17@11-22
Dee Marshall guilty of Accessory and Misprision of Carl Redmanís forgeries. Numerous times and for more than one year. 20@14-16, 17@11-22
Carl Redman guilty of forgery. Numerous times and for more than one year. 20@14-16, 13@9, 16@8-9, 20@5-16, 17@11-22
Carl Redman guilty of accessory and Misprision of Dee Marshallís forgeries. Numerous times and for more than one year. 16@8-9, 28@14-21, 28@23, exhibits 38 & 39, 17@11-22
Jeff Jarrett guilty of forgery. the hand writing expert said one of the signatures on one of the forged settlement forms with my name on it, he thought, looked like Jeff Jarrett's hand writing. But he could not be certain without making more test. If Jeff Jarrett signed one, than more than likely he signed others. 17@11-22 - 20@5-6 - 28@18-19
Jeff Jarrett guilty of accessory to Dee Marshallís forgeries. Numerous times and for more than one year. 13@3-12, 16@10-11, 17@11-22, 20@2-16, 28@14-24, exhibits 38 & 39,
Jeff Jarrett guilty of accessory to Carl Redmanís forgeries. Numerous times and for more than one year.28@22-24, 20@2-4, 17@11-22
Jeff Jarrett guilty of Misprision of Felonies to all forged signatures. Numerous times and for more than one year.
Jeff Jarrett guilty of giving FALSE witness by signing his signature to the forgeries of Carl Redman and Dee Marshall. Numerous times and for more than one year. (In Law-One who sign's one's name to a document for the purpose of attesting to it's authenticity.) By Jeff's signature in the witness space of each forgery, He is saying that he saw me (Jim Winiger) and numerous other producers sign our names to the release forms. When his name appears on release forms he is saying that he witnessed each forgery. He is saying that he was present. exhibits 38 & 39
Jim Swinney guilty of Misprision of Felony to all forged signatures. Numerous times and for more than one year. exhibits 38 & 39, 18@6-11, 15@12-15, 20@14-16
Jim Swinney guilty of accessory to all forged signatures. Numerous times and for more than one year.
Jim Swinney guilty of Intentional Wrongdoing.
Jim Swinney guilty of Felony-Fraud, Extortion of more than $3518.28 from Carl Litten, manager of the Kelley-Thomas Farm. Script-O-Gram, Check No. 197--Dated July 23rd. 1993.
Jim Swinney guilty of forging my name to Promissory Note of $53,732.30 (Farmland Insurance-Third Report-page 2)
Jim Swinney guilty of a Professional Foul when he interfered with my operating loan at National City Bank.
Posey County Farm Bureau Co-op Board of Directors guilty of Intentional Wrongdoing, Misprision of Felonies and Accessory to all forged signatures. Numerous times and for more than one year. 18@12-20, 20@20-24, 21@1-12, 33@10-21, 34@2-4, exhibits 38 & 39
Posey County Farm Bureau Co-op guilty hiding of the forged files.(Obstruction of Justice) Breach of Contract. When the co-op choose what chemical to use on your farm and it did not work, that is Breach of Contract and it does not have to be in writing, (Implied Warranty) 16@15-21, Pages 25 & 26
Judy--------guilty of Misprision of Felonies and Accessory to all forged signatures. Numerous times and for more than one year. Judy is aware of these files and their location. See Dee Marshall's deposition 25@1 through 26@9
Ron Janes, Janes Adjusting, guilty of insurance fraud, (two counts) presenting Farmland Insurance Co. with the two Release of Claims Forms with my forged signature on them. 33@10-21, 34@2-4exhibits 38 & 39 December 1, 1993
Ron Janes , Janes Adjusting, guilty of insurance fraud, presenting Farmland Insurance Co. with a Promissory Note for $53,732.30 with my forged signature on it. January 3,1994 Farmland Insurance-Third Report-page 2
Ron Janes guilty of perjury during his deposition on Aug. 19th. 1998. Mr. Janes said he did not know that my claims had been denied for the 1993 damages. 13@22-24 and 14@1-8 Ron Janes is lying! He is the person who sent me the 2 forms (March 24, 1994) informing me that my claims had been denied. His signature is on both.
Monsanto Chemical Co. of St. Louis. Mo. guilty of Misprision of Felonies, cover up of all forged documents and obstruction of justice. Monsanto learned about these activities through the deposition of Jeff Jarrett, Monsanto Sales Rep., August 19th. 1998.
Carl Redman, Jeff Jarrett and Dee Marshall guilty of perjury. The hand writing professional concluded that the forged signatures are probably from two individuals.
The Posey County Prosecutor refused to prosecute these companies saying that there was no evidence.
This Case should be an OPEN and SHUT case! In law--Willful misrepresentation (FRAUD by the Farm Bureau and Monsanto) intended to deprive another of some right. The Remedy granted the plaintiff ( victim ) is damages for the loss! Why then is this case lost in the bureaucracy of the legal system for 6 years?
Statute of Limitations
5 years for criminal charges
The civil case was filed in 1995 with in the two year time period of limitations. Farm Bureau or their attorney stalled the deposition process that began with Carl Redman on Nov. 12th, 97, in order to prevent us from finding any criminal activity performed by the CO-op or it's employees before the 5 year statute of limitations ran out June of 98. We had additional depositions set for Dec. 97 also for January and February of 98 which would have provided needed information about criminal activity but the defendants and/or their attorney would not show up. I think this was orchestrated by Farm Bureau or their attorney so we would be unable to depose Farm Bureau employees until after June of 98. (5 year criminal time period) Dee Marshall was the first employee of Farm Bureau, after Carl Redman, who we deposed on July 7th, 98 seven days after the June deadline. Dee Marshall was also the source of our information about all of the forgeries concerning other producers that has taken place at Farm Bureau.
The information on criminal charges has been turned over to the Indiana State Police and the FBI. It is now in the hands of the Posey County Prosecutor to determine what criminal charge or charges that can be filed.
According to the Posey County Prosecutor the statute of limitations has expired on the two forgeries with my signatures on them. (Release of Claims Forms-dated June of 93) But the third forgery with my signature on it (The Promissory Note for $53,732.30) and the Forgeries of other producers signatures (the signatures mentioned by Dee Marshall in her deposition) dated after Nov. 93 through 97 and 98 has not expired. These are still in the hands of the prosecutor.
The Indiana State Police and FBI. were made aware of all of the forgeries before the statute of limitations expired.
The letter dated October 15th. 98 from the Posey County Prosecutor said the first two forgeries of my signature are a Class C. Felony but he refused to investigate the third forgery, the extortion letter and the numerous other forgeries made known to us in Dee Marshall's deposition. Letter from the Prosecutor
Deposition of Jeff Jarrett----Monsanto Sales Rep. for Southwest Indiana.
Dubois, Gibson, Pike, Posey, Spencer, Vanderburgh and Warrick Counties.
Page 59 Lines 1 through 4
Question to Jeff Jarrett---It's your testimony that you'll spread a little chemical around the farmers and that usually takes care of a problem?
Jeff's answer "That's been my experience in the past, Yes".
Observation by Jim Winiger through years of litigation with Farm Bureau and Monsanto
When a chemical rep. goes to a producer to settle a claim the First objective is to make the producer feel comfortable and gain the producers confidence. The Second objective is to very slowly and very cautiously lay the blame at the feet of the producer. The Third give the producer a small percentage of his actual losses usually in the form of chemicals so that Farm Bureau and the Monsanto Chemical Co. do not have to pay the actual losses of the producer and landowner. And Fourthforgethe signature of that producer to a Release of Claims Form if the producer does not sign it personally or voluntarily.
Some producers think "well he's a good old boy", He's going to help me out here, he gave me 50 BUCKS. When in fact the producer and his landlord lost thousands of dollars and they, Farm Bureau and Monsanto, forged the producers signature to a release of claims form. In my case, Monsanto gave Farm Bureau, 20 gallon of Round-up($845.00) and a check for $1415.00. Farm Bureau gave Monsanto my signature on two forged release forms and I have sustained a total loss of $2,981,000.00
These companies are dishonorable and have deceived and mislead the producers in to believing that they, the producers and landowners, have no legal rights to damages caused from loss of yield. They convince the producer to believe all the fault lies with his farming practices or weather.
Againjust how far has the integrity of the Farm Bureau, Monsanto and their employees fallen to make a profit ?
January 5th. 1999---I am aware, through Farm Bureau Personel, of more forgeries in Indiana, Illinois and Iowa. I have been told of an alleged settlement in one of the cases of $80,000.00
If you are a Producer, in any country and/or in any state, and have had to respray a field from 1993 through 1997 and possibly 1998 with Monsanto Chemicals and you did not personally sign a release there is a forgery with your name on it. Jeff Jarrett, Monsanto Sales Rep., said, No money or chemical will be given without the paper work. (Release of Claims) If you did not personally sign a release someone did! If your Co-op has resprayed any of your fields from 93 through 98 using Monsanto Chemicals please call me Jim Winiger at 812-985-2860, send me a letter or send E-mail to email@example.comHelp me compile the list of Forgeries below and show the Co-ops and Monsanto that the American farmer does not and will not tolerate this bull shit.. I am pursuing a Class Action Civil Suit against Posey County Farm Bureau Co-op and a separate Class Action Civil Suit against Monsanto Chemical Co. You must stand up for your civil rights nobody else is going to!! You may be entitled to a cash settlement.
The Plaintiff asked for a COMPLETE list of Forged Release Forms. This partial list of forgeries was provided by Monsanto.
Each entry below probably was or is entitled to loss of income due to lost yield ! Check the list to see what the producer received instead of the actual cash value of the crops he lost.
Raymond Boerneró8624 Ford Rd. Mt. Vernon, In. 47620 (Respray 20 acres)
Hancock Farms------R.R. 1 Griffin, In. 47616 (gave you 10 gal of Roundup)
Lonnie Murphy------R.R. 2 Poseyville, In. 47633 (gave you 6 gal of Roundup)
Marvin Redman-----3601 Stalling Rd. Wadesville, In. 47638 (Respray 18 acres)
Jim Winiger----------7301 Davis Rd. Mt. Vernon, IN. 47620 (Respray 80 acres)
Jim Winiger----------7301 Davis Rd. Mt. Vernon, In. 47620 (gave me 20 gal of Roundup)
Statistics have shown that the Farmers in America are in poor financial condition and that 500 farmers per day are leaving the farm. This number is staggering! If they would have received all the income for the products they were producing a lot of these people would not be leaving the farm. Just imagine for a moment what an extra $10,000 or $20,000 could do for you. The American Farmer does not need what has been described in this report.
On June 30th. 1993 the very day Posey County Farm Bureau Co-op. forged my signature, Class C Felonies, to two Release of Claims Forms, The Co-op, filed civil charges against one of the oldest, if not the oldest, family in Posey County
(The McFadden's) for what I understand to be a minor infraction.
It appears that Posey County Farm Bureau Co-op lives by a double standard.
"I can take from you but you cannot take from the Co-op"
The Posey County Farm Bureau Co-op has filed 75 court cases against mostly good intentioned people and I believe most are Posey County Residents from June 30th. 1993. This compares in no way to the number of Class C Felonies (Forgeries) they ( The Co-op) have committed. In Dee Marshall's deposition she tells of numerous files in Judy's office or the office just behind Judy's office that contains the forged documents that she, Carl Redman and Jeff Jerratt signed. My guess is that Jim Swinney or the Board of Directors has already hid them or destroyed them. (Obstruction of justice)
I, Jim Winiger, personally hand delivered three forgeries with my signature and four adtional forgeries containing the signatures of posey county farmers to the county prosecutor, Trent Van Hefftan. His response to me was, "Jim, I do not have any evidence". I said Trent here are the forgeriey here is your evidence. The prosecutor still refused to prosecute. I wonder who may have paid him not to prosecute. You know his position in the political system of Mt. Vernon, Indiana is paid for by the Tax Payers. So who could have offered more?
No. 1 Posey County Co-op vs McFadden Farms Inc. (June 30th. 93) On this day when Farm Bureau sued this farmer, Farm Bureau and Monsanto forged my signature and the signatures of 4 other farmers. (Catch 22) absurdity-sueing this man for wrong doing when at the same moment in time are commiting 6 Class C Felonies.
No. 2 Posey County Co-op vs Keith Schneck
No. 3 Posey County Co-op vs Carla Mobley
No. 4 Posey County Co-op vs Chuck Boyd
No. 5 Posey County Co-op vs Henry Lane
No. 6 Posey County Co-op vs Brian Reagan
No. 7 Posey County Co-op vs Debbie Smithhart
No. 8 Posey County Co-op vs Scott Norringham
No. 9 Posey County Co-op vs Mike Friend
No.10 Posey County Co-op vs George V. Johnson
No.11 Posey County Co-op vs Jack Hadden
No.12 Posey County Co-op vs Andrew Barber
No.13 Posey County Co-op vs Kenneth Cooper
No.14 Posey County Co-op vs Jim White
No.15 Posey County Co-op vs Paul Ramsey
No.16 Posey County Co-op vs Sondra Knopfmeier
No.17 Posey County Co-op vs Brad and Angela Hunt
No.18 Posey County Co-op vs Doug Creek
No.19 Posey County Co-op vs Donald Puckett
No.20 Posey County Co-op vs Brian Wilson
No.21 Posey County Co-op vs UAL Construction Co.
No.22 Posey County Co-op vs Joe and Shannon Davis
No.23 Posey County Co-op vs Harold Robison
No.24 Posey County Co-op vs Charles Mobley
No.25 Posey County Co-op vs Troy Schutt
No.26 Posey County Co-op vs Ron Wall
No.27 Posey County Co-op vs Everett Vaupel
No.28 Posey County Co-op vs Jeffrey & David Vogel
No.29 Posey County Co-op vs Tim Schmidt
No.30 Posey County Co-op vs Charles Crawford
No.31 Posey County Co-op vs William Couch
No.32 Posey County Co-op vs Rita Johnson
No.33 Posey County Co-op vs R N B Inc.
No.34 Posey County Co-op vs Curt McCarty
No.35 Posey County Co-op vs Vernon Wilson
No.36 Posey County Co-op vs Ken Slusher
No.37 Posey County Co-op vs Martin Gomez
No.38 Posey County Co-op vs George Johnson
No.39 Posey County Co-op vs Posey Co. Commissioners & Coliseum Board Menbers
No.40 Posey County Co-op vs Mike Russel
No.41 Posey County Co-op vs Bill Wardup
No.42 Posey County Co-op vs James V. Arnold
No.43 Posey County Co-op vs Tim Paul
No.44 Posey County Co-op vs Martin Gomez
No.45 Posey County Co-op vs Joey O'Neal
No.46 Posey County Co-op vs Charlie Brooks
No.47 Posey County Co-op vs Fred Spieker
No.48 Posey County Co-op vs Dale Cole
No.49 Posey County Co-op vs Robert E. Woods
No.50 Posey County Co-op vs Vernon Wilson
No.51 Posey County Co-op vs John Pate
No.52 Posey County Co-op vs Don Harris
No.53 Posey County Co-op vs George Winebarger
No.54 Posey County Co-op vs David Tron
No.55 Posey County Co-op vs Robert Mosbach
No.56 Posey County Co-op vs Willie Lafave
No.57 Posey County Co-op vs Charles Kirkpatrick
No.58 Posey County Co-op vs David Easley
No.59 Posey County Co-op vs Maurice Fleenor
No.60 Posey County Co-op vs Candace Cox
No.61 Posey County Co-op vs Bryan J. Smith
No.62 Posey County Co-op vs Allyn Briesacher
No.63 Posey County Co-op vs Tawana J. Dardeen
No.64 Posey County Co-op vs Sam Allen
No.65 Posey County Co-op vs Ronald K. Miley
No.66 Posey County Co-op vs Harold Sturm
No.67 Posey County Co-op vs William Snelling
No.68 Posey County Co-op vs Paula Cooper
No.69 Posey County Co-op vs Andy Weilbrenner (1998)
No.70 Posey County Co-op vs Kerri L. Timmons
No.71 Posey county Co-op vs Kim McCarty (11-1-00)
No.72 Posey county Co-op vs David Waible
No,73 Posey County Co-op vs Jesse Waible
No.74 Posey County Co-op vs Jackie Overton
No.75 Posey County Co-op vs Misty Siders
My TOTAL LOSSESAt the hands of the Posey County Farm Bureau Co-op!
The Board of Directors is made up of farmers just like me. I too, had stock in the co-op and purchased thousands of dollars of products every year. I had been a VOTING MEMBER of the Farm Bureau Family since 1965. As I prepare this report and see what the Board of Directors are allowing (Class C Felonies)and what the Manager's are doing, (Fraud and Forgery) I am proud to be no longer a member of such an organization.
Posey Counties Man of the Hour
In the words of the General Manager of the Posey County Farm Bureau Co-op, Jim Swinney,
"The Job of the Board is to set policy, hire a manager and oversee the operations of the company"
With this statement by the General Manager, Jim Swinney, the Board of Directors has Initiated or Approved the policy of FORGING the Signatures of any or all of Farm Bureau's customers. This statement is also saying the Board of Directors is also GUILTY of Forgery. Class C. Felony Offense Be careful Board this manager is blaming you for these forgeries!
The Board of Directors hired this manager.
The confidence in the Board by your co-op members and the public, to conduct business in a Honest manner is very badly shaken! It is now your choice Board.
Your best solution is to admit your mistake in hiring this manager and correct the problem.
"The World Is Watching From The Internet"
This is what clean fields should look like without the Dishonesty of companies like Farm Bureau Co-op and Monsanto Chemical Company. Beans---Corn
Think about it---You would be PO'ed too it someone did this to you!
Monsanto and Farm Bureau you are a DISGRACE to the Farm Community and to all Business throughout the World who are conducting their affairs in an HONEST manner !!
In business, character is the foundation and the hallmark of honest hard-working individuals! Exception is the rule for Farm Bureau, Monsanto Chemical Co. and Janes Adjusting.
Monsanto's Catch 22
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