National Black Farmers Association

Legislation would create access to lawsuit funds, punish fraudulent claims

Washington—Congressman Artur Davis has introduced H.R. 3623, a follow-up on his successful efforts to reopen the Pigford Black farmers litigation for thousands of farmers who have alleged that their rights were violated by the USDA.   This bill is a companion to bipartisan legislation recently introduced in the Senate, and does the following:

• Clarifies congressional intent regarding $100 million already appropriated for Pigford litigants  in the 2008 Farm Bill, and guarantees litigants access to the Department of Treasury’s permanent appropriated judgment fund,
• Allows reasonable attorney fees, administrative costs, and expenses to be paid from the judgment fund in accordance with the 1999 consent decree,
• Makes any scheme to defraud a Pigford litigant a criminal offense with punishment of a fine or up to 5 years in prison or both.

In an endorsement statement from the National Black Farmers Association, President John Boyd stated “The National Black Farmers Association would like to thank Congressman Artur Davis for his undying support in helping our Black farmers.  This legislation comes at a critical time as we continue to fight and this bill is a huge step in the right direction for our nation’s black farmers who have been waiting for relief.”

Congressman Davis noted, “This legislation would put an end to any suggestion that Congress intended the $100 million appropriation in the 2008 Farm Bill to be a cap on damages to Pigford litigants. It reflects what those of us who participated in the negotiations know very well, and what the actual language of the Farm Bill expressly says—that Congress has the intention and the authority to add to the $100 figure as the litigation progresses.”

Davis also added, “H.R. 3623 would also make it a felony for an individual to deliberately defraud a Pigford litigant with false representations about the litigant’s eligibility to file suit or to collect damages. This would be a deterrent against the scams that have arisen around this litigation. Many of these claimants have been victimized enough and deserve extra protections against con artists who would deceive them.”