1430.118 Misrepresentation and scheme or device.§ 1430.118 Misrepresentation and scheme or device.
(a) In addition to other penalties, sanctions or remedies as may apply, all or any part of a payment otherwise due a person or legal entity on all participating dairy operations in which the person or legal entity has an interest may be withheld or be required to be refunded if the person or legal entity fails to comply with the provisions of this subpart or adopts or participates in adopting a scheme or device designed to evade this subpart, or that has the effect of evading this part. Such acts may include, but are not limited to:
(1) Concealing information that affects an registration or coverage election;
(2) Submitting false or erroneous information; or
(3) Creating a business arrangement using rental agreements or other arrangements to conceal the interest of a person or legal entity in a dairy operation for the purpose of obtaining MPP-Dairy payments the individual or legal entity would otherwise not be eligible to receive. Indicators of such business arrangement include, but are not limited to the following:
(i) No milk is produced and commercially marketed by a participating dairy operation;
(ii) The participating dairy operation has no appreciable assets;
(iii) The only source of capital for the dairy operation is the MPP-Dairy payments; or
(iv) The represented dairy operation exists mainly for the receipt of MPP-Dairy payments.
(b) If the Deputy Administrator determines that a person or legal entity has adopted a scheme or device to evade, or that has the purpose of evading, the provisions of this subpart, such person or legal entity will be ineligible to receive MPP-Dairy payments in the year such scheme or device was adopted and the succeeding year.
(c) A person or legal entity that perpetuates a fraud, commits fraud, or participates in equally serious actions for the benefit of the person or legal entity, or the benefit of any other person or legal entity, in violation of the requirements of this subpart will be subject to a 5-year denial of all program benefits. Such other equally serious actions may include, but are not limited to:
(1) Knowingly engaging in, or aiding in the creation of a fraudulent document or statement;
(2) Failing to disclose material information relevant to the administration of the provisions of this subpart, or
(3) Engaging in any other actions of a person or legal entity determined by the Deputy Administrator to be designed, or intended to, circumvent the provisions of this subpart.
(d) Program payments and benefits will be denied on pro-rata basis:
(1) In accordance with the interest held by the person or legal entity in any other legal entity or joint operations; and
(2) To any person or legal entity that is a cash rent tenant on land owned or under control of a person or legal entity for which a determination of this section has been made.