Update on USDA's Case Against Kathy Bauck: USDA Shuts Down Puppy MillDate: 2010-01-11 Publication:TheBostonChannel.com URL:http://www.thebostonchannel.com/news/22205030/detail.html Also see Youtube: http://www.youtube.com/user/WCVBtv#p/u/6/QjbLfOYBbekSummary:
Kathy Bauck's USDA License is TerminatedJudicial Officer Denies Bauck's Appeal
Due to the efforts of the Companion Animal Protection Society, Kathy Bauck will no longer be able to sell to pet shops and other dog breeders and brokers. On August 13, 2009, the USDA/APHIS filed a Motion for Summary Judgment requesting the termination of Bauck’s license. It is rare for the agency to request the revocation of a license, especially through the expedited means of a summary judgment. CAPS believes the use of a summary judgment was due to the pressure APHIS felt from our petition for rulemaking. This petition requests that Animal Welfare regulations be amended to require the automatic revocation of a USDA license upon the conviction in a court of law of a licensee, such as Bauck, for animal cruelty.
On September 29, the administrative law judge issued a Decision and Order in the Bauck case, granting APHIS’ motion for summary judgment. On October 29, Bauck appealed that decision to the judicial officer. APHIS filed a response to her appeal on November 18. The judicial officer’s Decision and Order dated December 2 terminated Bauck’s license. Bauck can file a petition for reconsideration, but based on the strong language in the December 2nd decision, it is almost certain that USDA will deny the petition.
Puppy Mill Breeder's License RevokedPublication/Event date: 2010-01-12
Publication name: WCCO (Minnesota)
URL for more info: http://wcco.com/local/kathy.bauck.license.2.1420783.html
MINNEAPOLIS (WCCO) ― Kathy Bauck was found not guilty of two felony counts of animal abuse last March. However, the jury found her guilty of four lesser misdemeanors...
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It is unfortunate that Bauck was allowed to keep her license during this yearlong process. We tracked her sales during this time through interstate health certificates (most of the stores were in New York and New Jersey). After Bauck’s criminal conviction, Crowell & Moring submitted a petition for rulemaking requesting that AWA regulations be amended to require the automatic revocation of a USDA license upon the conviction in a court of law of a licensee, such as Bauck, for animal cruelty.
Although USDA claims that an automatic termination is a violation of due process, we believe that our petition put pressure on USDA to use the expedited means of a Motion for Summary Judgment to terminate Bauck’s license.
CAPS will continue to keep an eye on Kathy Bauck. Her husband Alan applied for a USDA license using a kennel name. The USDA denied his license, so he has appealed. In addition, Kathy Bauck signed health certificates in May as the agent for a USDA licensed breeder in Minnesota. This breeder was selling to most of Bauck’s pet shop accounts (odd coincidence). CAPS wants to make sure that Bauck doesn’t use other USDA licensed breeders and brokers to sell dogs.
Bauck will still be able to sell dogs on the Internet. The Animal Welfare Act does not cover Internet breeders. However, if proposed legislation in Minnesota requiring state kennel licenses is passed, those convicted of animal cruelty and their business associates will be banned from obtaining a license.
Bauck may have bought a small interest in a pet shop. CAPS received a complaint about a sick puppy purchased at New York Kennel Club, a business that is not registered with the state. The complaint states that Bauck sold the puppy to the pet shop after her USDA license termination on August 16. A CAPS Minnesota Advisory Board member has copies of interstate health certificates signed by Bauck in which New York Kennel Club is both the consignor (Bauck’s Minnsota address) and consignee (pet shop address). We have asked the New York Attorney General’s Office to look into this matter. A breeder who sells to his/her own pet shop does not require a USDA license under the Animal Welfare Act. (AWA) This needs to be changed. If Bauck is not a pet shop owner, then she is selling to pet shops without a USDA license in violation of the AWA.
New York Mills, Minn. (WDAY TV) - The undercover video shows disturbing pictures of sick, injured, and even dead dogs. As the Minnesota legislature prepared to hear a proposal to crack down on puppy mills, an animal-rights group has posted a documentary on line that was shot at a controversial dog breeder's farm near New York Mills, Minnesota.
An Otter Tail County jury convicted Kathy Jo Bauck of misdemeanor animal cruelty. Now this video, which may be unsettling for some to watch, has brought her story to the forefront in a documentary sweeping the nation on the internet.
A man posing as someone wanting a job at the Bauck Farm shot the video with an undercover camera. It shows troubling pictures of dogs that have died or have open wounds.
Pick of the litter in New York Mills Minnesota has been one of the largest USDA licensed dog breeder farms in the country. Long a target of allegations of animal abuse and neglect, Kathy Bauck has been in the business since the early 80's.
We had the Humane Society of Fargo Moorhead watch the undercover documentary which has been posted on animal rights web sites around the country.
But the attorney for Kathy Bauck says, not so fast. Zenas Baer says take a look at the man behind the camera. Baer says allegations of abuse and neglect against Bauck is unfounded.
While Bauck has lost her USDA license, her attorney confirmed to us, she is still selling dogs. The USDA has no jurisdiction over the internet.
Check out Minnesota Voters for Animal Protection website.
Taken from website:
April 7, 2011- Two bills have been introduced in the Minnesota Legislature that would make it a crime to videotape and to show footage shot inside puppy and kitten mills and factory farms.
Senate File 1118 and House File 1369 would criminalize blowing the whistle on animal cruelty, food safety problems, or labor abuses inside puppy and kitten mills or factory farms by making it a crime to take video inside such facilities, or even for the news media to possess or distribute these images. Read the bills here.
Please take action to oppose these bills today.
Excerpt from bill:
/> Sec. 3. [17.992] ANIMAL FACILITY INTERFERENCE.
4.28 Subdivision 1. Prohibited acts. A person who acts without the consent of the
4.29 owner of an animal facility to willfully do any of the following is guilty of animal facility
4.31 (1) produce a record which reproduces an image or sound occurring at the animal
4.32 facility if:
4.33 (i) the record is created by the person while at the animal facility; and
4.34 (ii) the record is a reproduction of a visual or audio experience occurring at the
4.35 animal facility, including but not limited to a photographic or audio medium;
5.1 (2) possess or distribute a record which produces an image or sound occurring at the
5.2 animal facility which was produced as provided in clause (1);
5.3 (3) exercise control over the animal facility including an animal maintained at the
5.4 animal facility or other property kept at the animal facility, with intent to deprive the
5.5 animal facility of the animal or property; and
5.6 (4) enter onto the animal facility, or remain at the animal facility, if the person has
5.7 notice that the facility is not open to the public. A person has notice that an animal facility
5.8 is not open to the public if the person is provided notice before entering onto the facility,
5.9 or the person refuses to immediately leave the facility after being instructed to leave. The
5.10 notice may be in the form of a written or verbal communication by the owner, a fence
5.11 or other enclosure designed to exclude intruders or contain animals, or a sign posted
5.12 that is reasonably likely to come to the attention of an intruder and which indicates that
5.13 entry is forbidden.
5.14 Subd. 2. Penalty. A person who commits animal facility interference is guilty
5.15 of a gross misdemeanor.
5.16 For a second or subsequent conviction of animal facility interference, the person is
5.17 guilty of a felony.
5.18 Subd. 3. Restitution. A person convicted of animal facility interference is subject
5.19 to an order of restitution.
5.20 Sec. 4. [17.993] ANIMAL FACILITY FRAUD.
5.21 Subdivision 1. Prohibition. A person who willfully does any of the following
5.22 is guilty of animal facility fraud:
5.23 (1) obtains access to an animal facility by false pretenses for the purpose of
5.24 committing an act not authorized by the owner of the animal facility; or
5.25 (2) makes a false statement or representation as part of an application to be employed
5.26 at the animal facility, if the person knows it to be false.
5.27 Subd. 2. Penalty. (a) A person who commits animal facility fraud is guilty of a
5.28 gross misdemeanor.
5.29 (b) For a second or subsequent conviction of animal facility fraud, the person is
5.30 guilty of a felony.
5.31 Subd. 3. Restitution. A person convicted of animal facility fraud is subject to an
5.32 order of restitution.
Kathy Bauck, who was one of the largest USDA licensed dog brokers in the country, continues to feel the heat over a shocking Companion Animal Protection Society (CAPS) documentary that has gone viral. As more people around the globe watch the disturbing images, her reputation as one of America's most inhumane puppy mill operators is rapidly spreading. The documentary follows the undercover employment of a CAPS investigator who compiled the evidence necessary for Bauck to be convicted of animal cruelty, the prosecution and conviction, and finally the termination of Bauck's USDA license.
The undercover footage shows dogs that were sick, wounded, emaciated and often dead inside crowded cages. The investigator also caught Bauck practicing veterinary medicine despite being under a cease and desist order from the Minnesota State Veterinary Board for doing surgical procedures, such as Cesarean sections and spay and neuter, without a license. Her cruel and callous disregard for the well-being of the innocent creatures was evident in the way she violently picked up puppies by one leg, shoved pregnant and nursing mothers into a pesticide dip labeled just for swine and cattle, and left dogs to die agonizing deaths, sometimes over a period of days.
The compelling documentary sums up years of CAPS' hard work to stop the inhumane dog breeder. Since 1997, the small national nonprofit, whose focus is on the investigation of pet shops and puppy mills, investigated and fought to stop Pick of the Litter's owner from selling pets. Only after Bauck was convicted of animal cruelty in March 2009, based on evidence from CAPS' six-week undercover investigation, did the USDA requested the termination of her license in August 2009. A year later, after a several appeals, Bauck finally lost her license. Unfortunately, a termination is only good for two years, which means she can apply again although it is doubtful that the USDA will issue her another license.
“CAPS had done their own investigation - very detailed, very professional – and they had brought that information to the Sheriffs office because they believed there had been violations of the laws. The trial was a very intense and long process,” said Heather Brandborg, Otter Tail County Assistant Attorney, in the video. “She was sentenced to 90 days in jail, 70 days of that were suspended, and so she served a 20 day jail sentence and I believe a 500 dollar fine.”
"We decided that one way to sort of try to give them [USDA] a kick in the butt if you will, not literally but figuratively, was to file something called a petition for rule making," said Ed Green, Of Counsel at Crowell & Moring, a Washington, DC-based law firm that provides pro bono lobbying services to CAPS. "We know that got the department's attention because it was after that that the department energized to terminate her license."
This last video became CAPS' most popular to date. The comments keep pouring in to support the underdog contender that, after 14 years, is finally close to bringing down Bauck.* suspended, and so she served a 20 day jail sentence and I believe a 500 dollar fine.”
"We decided that one way to sort of try to give them [USDA] a kick in the butt if you will, not literally but figuratively, was to file something called a petition for rule making," said Ed Green, Of Counsel at Crowell & Moring, a Washington, DC-based law firm that provides pro bono “Keep up the GREAT work! These dogs NEED heroes like you CAPS,” commented Therese Davis on Vimeo. The tens of thousands of views in video sharing sites like CNN iReport, YouTube, and Vimeo are tangible proof that people out there crave the truth. The hits keep coming thanks to those who share the story on social networking sites such as Facebook, Twitter, and Tumblr. suspended, and so she served a 20 day jail sentence and I believe a 500 dollar fine.”
"We decided that one way to sort of try to give them [USDA] a kick in the butt if you will, not literally but figuratively, was to file something called a petition for rule making," said Ed Green, Of Counsel at Crowell & Moring, a Washington, DC-based law firm that provides pro bono CAPS, founded in 1992, has persisted year after year in exposing new generations to the horrors of pet shops and the puppy mills that supply them. Despite the long road and mild legal punishment, Bauck's case served as a huge step forward for them and animal lovers nationwide. suspended, and so she served a 20 day jail sentence and I believe a 500 dollar fine.”
"We decided that one way to sort of try to give them [USDA] a kick in the butt if you will, not literally but figuratively, was to file something called a petition for rule making," said Ed Green, Of Counsel at Crowell & Moring, a Washington, DC-based law firm that provides pro bono “I think [the Kathy Bauck trial] really brought to the forefront the atrocities that are taking place at these USDA licensed facilities and the failure of the USDA to enforce the Animal Welfare Act,” said CAPS President Deborah Howard in a clip from a WCVB (ABC Boston) report. suspended, and so she served a 20 day jail sentence and I believe a 500 dollar fine.”
"We decided that one way to sort of try to give them [USDA] a kick in the butt if you will, not literally but figuratively, was to file something called a petition for rule making," said Ed Green, Of Counsel at Crowell & Moring, a Washington, DC-based law firm that provides pro bono * CAPS continues to investigate Bauck, who is still selling to pet shops in violation of the Animal Welfare Act. To learn more about Bauck and other CAPS investigations or to get involved in the nonprofit's public education and outreach programs, visit the CAPS website.
FOR IMMEDIATE RELEASE
Contact: Wilfredo Rodríguez CAPS Public Relations Director Tel: 787-438-5765 E-mail: firstname.lastname@example.org www.caps-web.org Facebook: Companion Animal Protection Society Twitter: capsweb Tumblr: www.capsweb.tumblr.com
KATHY BAUCK'S LICENSE PERMANENTLY REVOKED
Small national non-profit helps to permanently shut down a large and inhumane puppy mill operation.Kathy Bauck's license was permanently revoked on September 14, 2011. The agreement – known as a consent decision – also permanently disqualified Bauck from obtaining an Animal Welfare Act (AWA) license or registration. This decision effectively prevents her from engaging in the commercial production and resale of dogs to pet shops and Internet sellers. Members of her family – known to be involved in her many ventures – were also fined and permanently disqualified from licensing with the USDA. Her husband, Allan, was fined $100,000 (of which $5,000 was to be paid within 25 days of the order and $95,000 would be held in abeyance – in case of violation). Kathy's daughter, Corinne Peters, and her sister, Janet Jesuit, were fined $50,000 each (payment of $5,000 with $45,000 held in abeyance as well). They also agreed to a disbursement sale of most of the dogs under their custody or in their premises. They could only keep six dogs of which three may be unspayed females. All of the unsold dogs had to be donated to a shelter or rescue. On September 21, 2011 they had to file a notice with the hearing clerk corroborating their compliance with the ruling. In 1997, CAPS began investigating Kathy Bauck, the owner and operator of Pick of the Litter in Minnesota. Bauck, one of the largest USDA-licensed dog brokers and breeders in the U.S, sold thousands of dogs to pet shops and Internet buyers across the country. A CAPS undercover employment investigation in the spring of 2008 revealed Bauck’s facility held 900 adults dogs and approximately 400 puppies. The undercover video shot by the CAPS investigator showed sick, wounded, emaciated and dying dogs. Based on the evidence collected by the CAPS investigator, a jury convicted Bauck on March 24, 2009 of four misdemeanor counts of animal cruelty and torture. However, the judge sentenced her on only one of the counts; she received a 90-day sentence, reduced to 20 days of work release; a $500 fine, reduced from $1,000; 80 hours of community service and one year of probation. On August 13, 2009, the USDA/APHIS filed a Motion for Summary Judgment requesting the termination of Bauck’s license. CAPS believes this judgment was due in part to our petition for rulemaking mandating automatic termination of license upon an animal cruelty conviction. Following Bauck’s appeal, APHIS’ response to her appeal, the Judicial Officer’s Order and Decision in December 2009 terminating Bauck’s license and a subsequent termination stay based on Bauck’s federal appeal, the USDA officially terminated Bauck’s license in June 2010, effective two months later. CAPS turned over evidence to the USDA and dealt directly with the lawyers for the USDA's Office of General Counsel who handled the Bauck investigation and case since 2008. The USDA filed a complaint on December 7, 2010 and an amended complaint on June 5, 2011 that incorporated the evidence provided by CAPS. The hearing in Fargo, ND was scheduled for the week of November 14. Despite all the evidence against Bauck, her conviction and license termination, CAPS received complaints in 2010 and 2011 about sick puppies purchased at pet shops in Long Island. The complaints showed that Bauck sold puppies to pet shops after her USDA license cancellation on August 16, 2010. Interstate health certificates proved that Bauck, using her maiden name and a business name, sold dogs to various Long Island pet shops. Some of these certificates even listed a fabricated pet shop in New York City – Canine Culture Center – as a consignee. With the help of a local Minnesota organization, CAPS kept Bauck under the spotlight. We tracked Bauck’s shipments for a number of years and uncovered that she sold nearly 1,400 puppies to locations in New York. CAPS own undercover investigations of these pet shops revealed stores that refused to disclose the source of their puppies – in violation of the New York pet shop lemon law – or provided limited information after putting down a deposit. Bauck told the investigator that she was “partnered with” and family friends with the owners of at least two of the pet shops. CAPS submitted their findings to the USDA and state agencies in New York, as formal complaints. For more information, photos and video visit www.caps-web.org or click on the links below.
|CAPS section dedicated to Kathy Bauck's case||Animal Folks MN section dedicated to Kathy Bauck's case|
|“CAPS vs. Bauck: How a Small Nonprofit Brought Down a Large Puppy Mill.” This professionally produced documentary follows the undercover employment of a CAPS investigator who compiled the evidence necessary for Bauck to be convicted of animal cruelty, the prosecution and conviction, and finally the termination of Bauck's USDA license.||USDA-APHIS Consent Decision (PDF) for Kathy and Alan Bauck USDA-APHIS Consent Decision (PDF) for Corinne Peters - Bauck's daughter - and Janet Jesuit - Bauck’s sister.|