1

Schurkamp, Lynnea - AMS

From: Colson, Thomas - AMS

Sent: Monday, April 14, 2014 3:56 PM

To: Ragonesi, Judith - AMS

Subject: Automatic reply: NOPC 092-13 and OIG Complaint: PS-0530-0640 (AMS Compliance 

N-008-13)

I am currently out the office but will return on 4/15/14. If you need immediate assistance please contact Leon 

Reynolds at 202-720-2374 or Dave Trykowski at 202-720-2400. 

Page 2 of 2 

NOPC-092-13 

Department had additional information about Kingsley. DeCou noted that their 

investigation would take longer than 30 days. 

 July 15, 2013: George Kalogridis from Ecocert ICO responded, stating that he had 

spoken with Detective Madewell at the Lawrence County Sheriff’s Department, who 

reported they had no information about Kingsley concerning crops or any other issues. 

(Exhibit 4) Without additional information, Ecocert ICO was unable to pursue any 

further investigation in this case. 

ACTION REQUESTED: This complaint is recommended for closure. The complaint does not 

contain enough information for Ecocert ICO to conduct a proper investigation. It indirectly 

references a 2012 wheat crop, which is no longer in existence and therefore cannot be tested for 

pesticide residue, and although the complainant provided the name and phone number of a 

Sheriff who was presumed to have additional information on this case, that Sheriff’s office stated 

they have no additional information. 

1400 Independence Avenue, S.W. 

Room 2646-S, STOP 0268 

Washington, D.C. 20250-0268 

VIA EMAIL

 

 

Mr. Dave DeCou 

Ecocert ICO, LLC 

70 East Main Street 

Suite B 

Greenwood, Indiana 46143 

dave.decou@ecocert.com 

Re: NOPC-092-13 Kingsley Brothers 

Dear Mr. DeCou: 

The U.S. Department of Agriculture National Organic Program (NOP) has concluded its 

investigation of a complaint filed against your client, Kingsley Brothers, on April 10, 2013. The 

complaint alleged that Kingsley Brothers sprayed and applied fertilizer to wheat that was then 

sold as organic. The complaint was referred to Ecocert ICO for further investigation. 

In response, you stated that there is no information available regarding the actions alleged in the 

complaint, and Ecocert ICO therefore cannot continue its investigation. This investigation is 

now closed. 

Thank you for your cooperation during the investigation of this complaint. 

Sincerely, 

Matthew Michael 

Director, Compliance & Enforcement Division 

National Organic Program 

cc: Director, Accreditation & International Activities Division 

1

Schurkamp, Lynnea - AMS

From: Michael, Matthew - AMS

Sent: Wednesday, April 10, 2013 8:29 AM

To: Thornblad, Kristin - AMS

Subject: FW: OIG Hotline Complaint

Attachments: N-008-13 NOP C&E Referral.pdf

Matthew Michael  

Director, Compliance and Enforcement Division

USDA National Organic Program

1400 Independence Ave SW; Room 2959

Washington, DC 20250‐0268

Phone: (202) 260‐8657

matthew.michael@ams.usda.gov

This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized

interception of this message or the use or disclosure of the information it contains may violate the law and subject the

violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and

delete the email immediately.

From: Colson, Thomas - AMS 

Sent: Wednesday, April 10, 2013 8:28 AM 

To: Michael, Matthew - AMS 

Subject: OIG Hotline Complaint 

Matt,

     Please find attached another hotline complaint for your resolution. Thx ‐ Tom

Thomas Colson 

Chief 

AMS Compliance Branch 

202-690-4867 
1400 Independence Avenue, S.W. 

Room 2648-S, STOP 0268 

Washington, D.C. 20250-0268 

VIA EMAIL

Mr. Dave DeCou 

Ecocert ICO, LLC 

70 East Main Street 

Suite B 

Greenwood, Indiana 46143 

dave.decou@ecocert.com 

Re: NOPC-092-13 Kingsley Brothers 

Dear Mr. DeCou: 

The U.S. Department of Agriculture, National Organic Program (NOP) received a complaint 

alleging that Kingsley Brothers LLC, which is certified by Ecocert, violated the USDA organic 

regulations at 7 CFR Part 205 by spraying pesticides on, and applying fertilizer to, wheat that 

was then sold as organic. 

The NOP requests that you investigate this allegation within 30 days of receiving this letter. 

Within 45 days of receiving this letter, please notify the NOP of your findings and of any notices 

of noncompliance or proposed adverse actions that you issued as a result of the investigation. At 

that time, assuming no additional action is needed, the NOP will inform the complainant of your 

investigation’s outcome. Also, if your investigation will take more than 30 days from the receipt 

of this letter, please inform the NOP. 

Note that you are authorized to investigate complaints of noncompliance under the regulations at 

§ 205.661(a). Further, you are required to have procedures for investigating certified operation 

noncompliance under the regulations at § 205.504(b)(2). However, we realize that there may be 

some investigations with which you need assistance and you may refer the investigation back to 

the NOP for one or more of the following reasons: 

 You lack the resources or the specialized expertise needed to adequately investigate the 

complaint; 

 You believe a civil penalty may be warranted for the knowing sale or labeling of 

agricultural products in violation of the USDA organic regulations; 

 You believe the complaint warrants a criminal investigation; or 

 For some other reason, you cannot carry out or complete the investigation. 
Mr. DeCou 

Re: NOPC-092-13 Kingsley Brothers 

Page 2 

Should you have any questions regarding this matter, please contact Sasha Strohm in the 

Compliance & Enforcement Division at (202) 260-8209 or sasha.strohm@ams.usda.gov. 

Sincerely, 

Matthew Michael 

Director, Compliance & Enforcement Division 

National Organic Program 

cc: Director, Accreditation and International Activities Division 
1

Schurkamp, Lynnea - AMS

From: Thornblad, Kristin - AMS

Sent: Thursday, April 10, 2014 3:21 PM

To: Ragonesi, Judith - AMS

Subject: FW: 90 day update

Attachments: Case Closure Memo - Kingsley Brothers.docx; Chron - Kingsley Brothers.docx; Referral 

to Ecocert.pdf

From: Michael, Matthew - AMS 

Sent: Thursday, April 10, 2014 3:03 PM 

To: Thornblad, Kristin - AMS 

Subject: FW: 90 day update 

Matthew Michael  

Director, Compliance and Enforcement Division

USDA National Organic Program

1400 Independence Ave SW; Room 2959

Washington, DC 20250‐0268

Phone: (202) 260‐8657

matthew.michael@ams.usda.gov

This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized

interception of this message or the use or disclosure of the information it contains may violate the law and subject the

violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and

delete the email immediately.

From: Sotosky, Jeffrey - AMS 

Sent: Thursday, April 10, 2014 7:25 AM 

To: Michael, Matthew - AMS 

Subject: FW: 90 day update 

Matthew,

Could we get an official closeout letter from you to Tom regarding this matter?  Then I can draft our OIG letter and

submit this for closure.  Thanks.

Jeffrey Sotosky

Compliance Officer

AMS Compliance Branch

Phone: 202‐720‐3308

Cell: 202‐450‐0752
2

2 of 2 

Kingsley Complaint 

Thank you for your unders

David DeCou

Certification Manager

(b) (6)



1

Schurkamp, Lynnea - AMS

From: DE COU Dave <dave.decou@ecocert.com>

Sent: Monday, June 24, 2013 8:15 PM

To: Strohm, Sasha - AMS

Cc: MOREL Vincent; KALOGRIDIS George

Subject: NOPC-092-13 Kingsley Brother

Attachments: 2010 Complaint emails.pdf; 2010 Lab Tests.pdf; Kingsley Complaint.pdf; kingsley 

followup 2010.pdf

Sasha

Please see the letter attached, “Kingsley Complaint”. We have some questions and information which may affect your

view of the current complaint. The rest of the documents are supporting information from a previous complaint.

  

Dave

  

David DeCOU 

Certification Manager 

ECOCERT ICO LLC, 70 East Main Street, Ste. B 

Greenwood, Indiana 46143 

Toll Free: 888-337-8246 Office: 317-865-9700, 

Fax: 317-865-9707, Cell: (541) 460‐3979 (Oregon)

mailto:dave.decou@ecocert.com / www.ecocertico.com

  

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1

Schurkamp, Lynnea - AMS

From: Colson, Thomas - AMS

Sent: Tuesday, April 15, 2014 7:50 AM

To: Ragonesi, Judith - AMS

Cc: Sotosky, Jeffrey - AMS

Subject: RE: NOPC 092-13 and OIG Complaint: PS-0530-0640 (AMS Compliance N-008-13)

Thx Judith. Have a great day! ‐ Tom

From: Ragonesi, Judith - AMS 

Sent: Monday, April 14, 2014 3:56 PM 

To: Colson, Thomas - AMS 

Cc: Sotosky, Jeffrey - AMS 

Subject: NOPC 092-13 and OIG Complaint: PS-0530-0640 (AMS Compliance N-008-13) 

Dear Mr. Colson:

Attached for your review is a notice of closure for the OIG Complaint PS‐0530‐0640 and AMS  Compliance N‐008‐

13.  Should you have any questions please feel free to contact me.  

Regards,

Judith

Judith A. Ragonesi 

Agriculture Marketing Specialist 

USDA/AMS/National Organic Program 

1400 Independence Avenue S.W. 

Washington, D.C. 20250 

Phone- (202) 205-5712 

From: Michael, Matthew - AMS 

Sent: Thursday, April 10, 2014 4:01 PM 

To: Sotosky, Jeffrey - AMS 

Cc: Thornblad, Kristin - AMS; Ragonesi, Judith - AMS 

Subject: RE: 90 day update 

Hi Jeff:

I’m out tomorrow and next week.  Judy Ragonesi will be acting for me and will get you the official memo.

Thanks.

Matthew Michael  

Director, Compliance and Enforcement Division

USDA National Organic Program
2

1400 Independence Ave SW; Room 2959

Washington, DC 20250‐0268

Phone: (202) 260‐8657

matthew.michael@ams.usda.gov

This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized

interception of this message or the use or disclosure of the information it contains may violate the law and subject the

violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and

delete the email immediately.

From: Sotosky, Jeffrey - AMS 

Sent: Thursday, April 10, 2014 7:25 AM 

To: Michael, Matthew - AMS 

Subject: FW: 90 day update 

Matthew,

Could we get an official closeout letter from you to Tom regarding this matter?  Then I can draft our OIG letter and

submit this for closure.  Thanks.

Jeffrey Sotosky

Compliance Officer

AMS Compliance Branch

Phone: 202‐720‐3308

Cell: 202‐450‐0752

From: Thornblad, Kristin - AMS 

Sent: Wednesday, April 09, 2014 3:47 PM 

To: Sotosky, Jeffrey - AMS 

Subject: RE: 90 day update 

Hi Jeff—

It appears that this matter has been closed since last year. Please see attached our records. Of course, I’d be happy to

research additional information and explanation. I’m not certain about the circumstances of the delay in reporting the

closure.

Thank you.  

Kristin  

From: Sotosky, Jeffrey - AMS 

Sent: Wednesday, April 09, 2014 3:00 PM 

To: Thornblad, Kristin - AMS 

Subject: 90 day update 

Kristin,

Just looking for an update on N‐008‐13 (Kiman Kingsley).  Thanks.
3

Jeffrey Sotosky

Compliance Officer

AMS Compliance Branch

Phone: 202‐720‐3308

Cell: 202‐450‐0752