Durham Farms #1 - Page 41




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          The record further includes a February 4, 1991, memorandum of Jay           
          Hoyt to certain workers in the Hoyt organization, instructing               
          them not to include information on cattle deaths in the cattle              
          inventory records and to place such information under a “new                
          smoke screen file name”.23  See also infra note 25.                         
               The Court finds the herd recap sheets the Hoyt organization            
          prepared highly suspect and unreliable, as the Hoyt organization            
          failed to employ good record-keeping practices and did not                  
          prepare the recap sheets and its other cattle records in                    
          accordance with standard, fundamental accounting principles.  The           


               22(...continued)                                                       
               because he just says make it work.  It’s a nightmare                   
               for us because we have to cover the tracks and make                    
               sure everything fits together.                                         
                    [Jay Hoyt’s comment]:  WRONG.  R.W. has never been                
               instructed or asked ‘to cover anyone’s tracks’.  His                   
               job is to record what happens IN THE OPEN, in front of                 
               everyone.  His personal protection is provided by the                  
               Policy.  We take the responsibility.  I sense R.W. will                
               think ‘if the Policy said kill someone would that be                   
               OK, and wouldn’t I be held accountable?’  Sure, but                    
               R.W. is not asked to kill anyone.  He is asked to                      
               provide them with a gun and shells.  He knows what they                
               are going to do with it, sure, but he isn’t doing it.                  
               They don’t put gun sellers in jail when the gun kills                  
               someone.  We are dealing with the real live problem of                 
               giving the marketing people what they ask for and only                 
               they will be held accountable for what they do with it                 
               if R.W. documents it with Louie’s or Ric’s                             
               instructions.  R.W. just records what they did with                    
               what he produced under their instructions.                             
               23In this same Feb. 4, 1991, memorandum, which was discussed           
          earlier, Jay Hoyt had also instructed these workers to register             
          with the ASA a calf for each cow bred, not just existing, “live             
          calves”.  See supra note 10.                                                





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