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initially failed to provide much of this information, resulting
in respondent’s commencing a summons enforcement proceeding in
the U.S. District Court for the District of Oregon. On July 17,
1992, the District Court ordered Jay Hoyt to provide certain
information and allow respondent to inspect and count the “Hoyt
cattle” (which was defined to be the various cattle owned,
maintained, or under the custody or control of any of the 92
partnerships that were the subject of the summons enforcement
proceeding). To comply with this July 17, 1992, Order,
respondent and Jay Hoyt executed an October 30, 1992, memorandum
of understanding concerning the cattle count to be conducted by
respondent’s expert Ron Daily (Mr. Daily). In his signed
statement also dated October 30, 1992, Jay Hoyt further provided
information as to 11 specified locations at which the “commingled
Hoyt cattle herd” was kept. Among other things, Jay Hoyt, in
this signed statement, represented there to be an estimated
16,075 to 16,775 cattle (including some calves that might later
be born) at the 11 locations. He further stated these 11
locations to be all of the locations for the Hoyt herd cattle as
of October 28, 1992.
In the cattle count he performed from fall 1992 through
spring 1993, Mr. Daily determined there were a total of 7,993
cattle. Of the 7,993 total cattle he counted, 4,764 were mature
breeding cattle. At every location that he visited and counted
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