Stiffer penalties to be sought for livestock theft

Last summer, Myron Ehresman discovered while feeding his cattle in rural northeast Iowa that some were missing.

"We started counting cattle and realized we were 18 short," said Ehresman, a cattle producer who lives near Anamosa.

With the help of surveillance cameras, installed a couple months earlier, Ehresman and his family were able to help sheriff deputies track down the man and the purloined cattle, each weighing about 1,400 pounds.

Despite admitting to stealing about $30,000 in cattle, the thief got a slap on the wrist, fined $1,000 and no jail time. The crime carried a maximum 10 year sentence.

"If you don't fear God or aren't concerned about your good name, there's not much to deter" thieves, Ehresman said.

Experiences like this prompted Iowa Farm Bureau Federation delegates last week to seek mandatory minimum sentences for the felony theft of cattle, hogs and other livestock. The resolution also included stealing corn, soybeans and other commodities. The policy recommendations guide the group's legislative agenda.

Prices on the rise

With cattle prices skyrocketing to record highs, states like Texas, Oklahoma, Missouri, Nebraska and North and South Dakota are already struggling with cattle thefts. And it's a problem that some experts say could become more prevalent in Iowa. The state is expected to raise more cattle due to low corn prices and a drought in Texas, the nation's top cattle-producing state with 11.3 million head.

Iowa ranked sixth nationally for cattle inventory, with nearly 3.9 million head last year, federal data shows. It leads the country in raising corn, with nearly 2.2 billion bushels in 2013.

"The rise in cattle numbers, the rise in prices, you could definitely see a rise in cattle thefts," said Corey Schultz, a region executive officer for the Livestock Marketing Association. Schultz works with livestock auctions in Missouri, Iowa, Illinois, Indiana, Wisconsin and Minnesota.

But cattle rustling might be more difficult in Iowa than in Texas, Oklahoma and other western states, where producers often feed cattle on pastures that cover several hundred acres, said Justine Stevenson, director of government relations for the Iowa Cattlemen's Association.

Iowa producers are more likely to feed cattle in lots that are located near their homes, making it riskier to try to sneak in and out with a trailer load of animals, Stevenson said. Her group will decide at its annual convention in December if it wants to pursue a policy similar Farm Bureau's resolution.

Ehresman operates multiple feed lots scattered located across his farm. A busy road next to the lot where the theft occurred didn't act as a deterrent. Cars flew by as the man loaded cattle.

"It didn't bother him at all. He was as calm as a cucumber," Ehresman said.

An insider's games

Thieves often are familiar with the industry, said Stevenson and Larry Gray, executive director of law enforcement for the Texas and Southwestern Cattle Raisers Association.

"It's not a theft that a novice commits," said Gray, whose investigators recover about $5 million in stolen cattle and other farm property annually in Texas and Oklahoma. "Anyone can kick down the door to a house and steal a flat screen TV.

"But to steal cattle — first you have to have the ability to transport those cattle. Then you have to have the knowledge to market the cattle," he said. "You can't run down to the local pawn store and get some money for them."

Thieves might try to pass stolen cattle off as their own at sales barns where the animals are marketed. New faces at auctions often are a red flag to marketing officials that something is amiss, said Schultz, who works for the Livestock Marketing Association. The group works with producers to prevent stolen animals from being sold.

"I'm not saying stolen animals are never sold at auction, but our guys know most of their customer base. So anyone new gets checked out thoroughly," Schultz said.

Stolen animals often are sold to private buyers — with or without the buyers' knowledge. Many producers tag cattle to show ownership, but they can be removed.

"There's a large amount of trust in the livestock industry," Schultz said. "That hasn't changed since the early days. ... It's still a handshake business."

Gray recommends that producers brand cattle, but the practice isn't widespread. His group has investigators taking information about the cattle and seller at each auction that can later help them track missing animals.

"The dumb ones will go to auction markets, but we typically catch them because of the data we've collected," he said.

But there's a private market for cattle sold at a discounted price. "There are some unscrupulous people out there who are willing to take a chance they won't get caught," he said.

Gray said thefts are more likely to happen at smaller operations in southern states, especially where producers live near metropolitan areas and farm part-time. A thief can use a pen where cattle are fed to pop in with a truck and trailer and haul off several thousand dollars worth of property.

Return of rustlers

Remote pasture land also is vulnerable. Missouri struggled so much with cattle rustling on its rolling hills, it reactivated a special task force five years ago to investigate thefts that range from stolen livestock to tractors and anhydrous ammonia, a fertilizer used to make methamphetamine.

The task force has recovered about $6 million in agricultural property since then.

Gray said the recession drove many thefts. Others wanted ready money for drugs. Theft has "always been a problem. But now that prices are record high, it's even more attractive to thieves to steal cattle," Gray said. "Now, a 20-foot goose-neck trailer loaded with cattle can be worth upwards of $25,000," depending on the size of the animals.

Texas is among the states that pushed to get stiffer penalties for cattle thieves, Gray said. Missouri also has sought tougher sentences.

In Texas, stealing cattle or horses is a mandatory third-degree felony, with penalties of two to 10 years in prison and a $10,000 maximum fine. Second-degree theft carries sentences of 10 to 25 years in prison, penalties that can be enhanced to life, if the thief is determined to be a habitual criminal. "It is a deterrent," Gray said.

In 2011, a Texas man, who was tied to stealing 2,097 head of cattle worth nearly $1 million since 2007, was sentenced to 99 years in prison.

In Iowa, the theft of cattle is treated like other property. The maximum charge — stealing more than $10,000 in property — carries a maximum sentence of 10 years and a $10,000 fine. The minimum charge — stealing less than $200 in property — is a misdemeanor, with up to 30 days in jail and a $625 fine.

Geoff Greenwood, a spokesman for the Iowa Attorney General's office, said county prosecutors have discretion in the penalties they seek.

In the eastern Iowa case, Ehresman said he has no desire for the man who took his cattle to spend years in jail. The man paid the $1,000 civil penalty and was placed on probation for four years. But the cattle producer feels some jail time was needed.

"If there's no consequences for bad behavior, it can just continue," he said.