083245P.pdf   04/09/2010  Todd Syverson, etc.  v.  U.S. Dept. of Agriculture
   U.S. Court of Appeals Case No:  08-3245
   Department of Agriculture   
   [PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and
   Shepherd, Circuit Judges]
   Petition for Review - U.S. Department of Agriculture. The hearing
   officer's finding that Syverson was acting as a market agency under the
   provisions of the Packers and Stockyard Act was supported by substantial
   evidence; because Syverson was acting as a marketing agency, he owed
   his buyer a fiduciary duty, and his failure to inform the buyer that he had
   repurchased cattle from his own consignment was a conflict of interest,
   an unfair and deceptive practice, and a violation of 7 U.S.C. sec. 213(a);
   Syverson's claim that a five-year suspension as a registrant would violate
   the APA was waived; while a suspension is warranted because
   Syverson's conduct was a severe violation of the Act, a five-year
   suspension was an abuse of the hearing officer's discretion, and the
   matter must be remanded for further consideration of the length of the
   suspension.