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Commodity Futures Trading Commission 

CEA CASES 

NAME: P. J. TAGGARES COMPANY, CHEF-REDDY FOODS, PETER J. TAGGARES, KENNETH L. 

RAMM, IDAHO POTATO PACKERS CORP., IDAHO POTATO PACKERS OF IDAHO, INC., ROBERT H. 

ABEND, HAROLD ABEND, SAN JACINTO PACKING CO., AGRI-EMPIRE, INC., JAMES MINOR, 

UNIVERSAL LAND-SNAKE RIVER, EDWARD SPIEGEL, MODIE J. SPIEGEL, J. R. SIMPLOT 

COMPANY, SIMPLOT EASTERN IDAHO PRODUCE, INC., J. R. SIMPLOT. DECIDED MAY 16, 

1973, WITH RESPECT TO IDAHO POTATO PACKERS CORP., IDAHO POTATO PACKERS OF IDAHO, 

INC., ROBERT H. ABEND, AND HAROLD ABEND 

CITATION: 32 Agric. Dec. 1105 

DOCKET NUMBER: 200 

DATE: MAY 16, 1973 

DOCUMENT TYPE: DECISION AND ORDER 

(No. 15,218) 

In re P. J. TAGGARES COMPANY, a corporation, CHEF-REDDY FOODS, a corporation, 

PETER J. TAGGARES, an individual, KENNETH L. RAMM, an individual, IDAHO POTATO 

PACKERS CORP., a corporation, IDAHO POTATO PACKERS OF IDAHO, INC., a 

corporation, ROBERT H. ABEND, an individual, HAROLD ABEND, an individual, SAN 

JACINTO PACKING CO., a proprietorship, AGRI-EMPIRE, INC., a corporation, JAMES 

MINOR, an individual, UNIVERSAL LAND-SNAKE RIVER, a partnership, EDWARD SPIEGEL, 

an individual, MODIE J. SPIEGEL, an individual, J. R. SIMPLOT COMPANY, a 

corporation, SIMPLOT EASTERN IDAHO PRODUCE, INC., a corporation, J. R. SIMPLOT, 

an individual. CEA Docket No. 200. Decided May 16, 1973, with respect to Idaho 

Potato Packers Corp., Idaho Potato Packers of Idaho, Inc., Robert H. Abend, and 

Harold Abend.

Manipulation of futures prices -- Stipulation -- Denial of trading privileges 

for 180 days

The stipulation of respondents Idaho Potato Packers Corp, Idaho Potato 

Packers of Idaho, Inc., Robert H. Abend, and Harold Abend has been accepted and 

the Order herein is issued. Said four respondents are denied trading privileges 

for a period of 180 days. 

Gilbert A. Horn, Chicago, Illinois, and Harold J. Reuben, for complainant. 

Dale Clemons, Boise, Idaho, for respondents. 

Decision by Donald A. Campbell, Judicial Officer.

DECISION AND ORDER

PRELIMINARY STATEMENT

This is an administrative proceeding under the Commodity Exchange Act (7 

U.S.C. § 1 et seq,), instituted by a complaint and notice of hearing. The 

complaint charges that the respondents attempted to manipulate the prices of 

potato futures on the Chicago Mercantile Exchange in violation of §§ 6(b), 6(c) 

and 9 of the Act (7 U.S.C. §§ 9, 13b and 13). 

No hearing has been held with respect to this proceeding. On January 10, 

1973, a Decision and Order with respect to J. R. Simplot Company, Simplot 

Eastern Idaho Produce Inc., and J. R. Simplot was entered pursuant to the filing 

by them of a joint amended stipulation. 

Respondents Idaho Potato Packers Corp., Idaho Potato Packers of Idaho, Inc., 

Robert H. Abend and Harold Abend have at this time filed a stipulation under 
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section 0.4(b) of the rules of practice (17 CFR 0.4(b)), in which (1) they admit 

the facts hereinafter set forth in findings of fact one through four, (2) they 

agree, for the purpose of avoiding a trial in this proceeding and for such 

purpose only, that the facts hereinafter set forth in findings of fact five and 

six may be taken as true, (3) they state that nothing in this stipulation shall 

be deemed to constitute an admission that the Commodity Exchange Act or 

regulations thereunder have been violated by them, and (4) they waive hearing on 

the charges, and consent to the entry of the order contained herein. 

FINDINGS OF FACT

1. Respondent Idaho Potato Packers Corp., a corporation, is a corporation 

organized under the laws of the State of New York, with its principal office and 

place of business at 999 East 149th Street, Bronx, New York. Respondent Idaho 

Potato Packers of Idaho, Inc., is an affiliate corporation organized under the 

laws of the State of Idaho, with its principal office and place of business at 

Blackfoot, Idaho. Said corporations are now and at all times material to the 

Complaint filed herein engaged in a potato growing and distributing business. 

At all such times respondents Robert H. Abend, whose business address is 999 

East 149th Street, Bronx, New York, and Harold Abend, whose business address is 

P. O. Box 747, Blackfoot, Idaho, were the owners of said corporations; 

speculatively traded in potato futures on the Chicago Mercantile Exchange for 

the corporate accounts of said corporations; and in their capacity as president 

and vice president, respectively, of said corporations directed, controlled and 

were responsible for the transactions of the corporations involved herein. 

2. The Chicago Mercantile Exchange is now and has been at all times material 

to the Complaint herein a board of trade duly designated as a contract market 

under the Commodity Exchange Act. 

3. The futures transactions referred to in the Complaint related to the May 

1971, potato futures on the Chicago Mercantile Exchange. Trading in such 

futures commenced on May 11, 1970, and continued until its termination on May 

10, 1971. A potato 

futures contract on the Exchange is a contract for fifty thousand (50,000) 

pounds of Idaho Russet Burbank potatoes. 

4. At all times material to the Complaint, respondents Idaho Potato Packers 

Corp., Idaho Potato Packers of Idaho, Inc., Robert H. Abend, and Harold Abend, 

trading in the manner specified in paragraph 1 hereof, purchased May 1971, Idaho 

potato futures contracts on the Chicago Mercantile Exchange and obtained, held 

and controlled a "long" position in such futures. 

5. Respondents Robert H. Abend and Harold Abend purchased in transactions on 

the Chicago Mercantile Exchange over a period of time beginning on or about 

March 3, 1971, and continuing until on or about April 29, 1971, numerous 

contracts of the May 1971, Idaho potato futures for the accounts of respondents 

Idaho Potato Packers Corp. and Idaho Potato Packers of Idaho, Inc., and 

established, maintained and kept open in increasing quantities over a period of 

time from on or about March 3, 1971, through the expiration of trading on May 

10, 1971, a "long" position in such futures, which advanced to the maximum 

permissible speculative limit of one hundred and fifty (150) open contracts by 

on or about April 29, 1971, and which remained at such level through the close 

of trading on May 10, 1971. 

6. These respondents did not liquidate or offset their "long" positions in 

such futures prior to the expiration of trading on May 10, 1971. 

CONCLUSIONS

Section 0.4(b) of the Rules of Practice under the Commodity Exchange Act (17 

CFR § 0.4(b)) provides as follows: 

(b) Consent Order. At any time after the issuance of the complaint and prior 

to the hearing in any proceeding, the Secretary, in his discretion, may allow 
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the respondent to consent to an order. In so consenting, the respondent must 

submit, for filing in the record, a stipulation or statement in which he admits 

at least those facts necessary to the Secretary's jurisdiction and agrees that 

an order may be entered against him. Upon a record composed of the complaint 

and the stipulation or agreement consenting to the order, the Secretary may 

enter the order consented to by the respondent, 

which shall have the same force and effect as an order made after oral hearings. 

The facts admitted by respondents Idaho Potato Packers Corp., Idaho Potato 

Packers of Idaho, Inc., Robert H. Abend and Harold Abend and set forth in the 

findings of fact are sufficient to subject them to the jurisdiction of the 

Secretary of Agriculture under the provisions of the above section. 

The complainant has filed a recommendation which recites that it has 

carefully considered the stipulation and the terms of the proposed order. It is 

the view of the complainant that the proposed sanctions would be adequate, and 

that the prompt entry of such an order without further proceedings would 

constitute a satisfactory disposition of this case as to respondents Idaho 

Potato Packers Corp., Idaho Potato Packers of Idaho, Inc., Robert H. Abend and 

Harold Abend, serve the public interest, and effectuate the purposes of the 

Commodity Exchange Act. The complainant therefore recommends that the 

stipulation and waiver be accepted and that the proposed order be issued, 

terminating this proceeding as to respondents Idaho Potato Packers Corp., Idaho 

Potato Packers of Idaho, Inc., Robert H. Abend and Harold Abend. It is so 

concluded. 

ORDER

Effective immediately, respondents Idaho Potato Packers Corp., Idaho Potato 

Packers of Idaho, Inc., Robert H. Abend and Harold Abend shall henceforth cease 

and desist from manipulating or attempting to manipulate the market price of any 

commodity in interstate commerce, or for future delivery on or subject to the 

rules of any contract market. 

Effective immediately, (1) the said respondents are prohibited from trading 

on or subject to the rules of any contract market for a period of 180 days, and 

(2) all contract markets shall refuse all trading privileges to the said 

respondents during this period. Such prohibition and refusal shall apply to all 

trading done and positions held directly by the said respondents, or any of 

them, for their own accounts or as the agents or representatives of any other 

persons or firms, and also to all trading done and positions held indirectly 

through persons or firms owned wholly or in substantial amount by the said 

respondents or in any way subject to their direction or control, wholly or 

substantially. 

A copy of this decision and order shall be served upon each of the parties 

and upon each contract market. 

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