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Community outraged after horse neglect by Green Acres Beach & Trail Rides uncovered, business already embroiled in other legal issues

Pacific City, Ore. – An official with an Oregon horse rescue organization recently detailed the horrific conditions and neglect of numerous horses and other animals at the hands of a horseback riding outfitter company located on the Oregon coast.

The company, Green Acres Beach & Trail Rides, has had a laundry list of ongoing issues and violations with numerous State agencies. The company’s owners have also been facing their own legal issues, including one of the owners having an active warrant for their arrest.

Mary Renouf, a director and volunteer for Harmony New Beginnings Animal Rescue based in Polk County, Oregon, made the weekend blog post following their efforts to rescue two horses and a turkey from one of the properties of Green Acres Beach & Trail Rides. Her story was originally posted to her personal blog, and then on Monday by NW Horse Report as a guest column.

The company allegedly maintains at least two locations located in Pacific City, Oregon, a housing barn with a small pasture and a beachside location where they conduct horseback rides for tourists a few minutes away.

“But yesterday – yesterday almost broke me.” said Renouf in her recent column, and who herself is a seasoned veteran that has seen countless cases of animal neglect and abuse in Oregon. Harmony New Beginnings is one of the few “go-to” rescues that frequently assists Oregon’s law enforcement agencies with conducting seizures of animals in cases like this, including horses.

A major horse neglect case Harmony New Beginnings recently assisted on that started in 2022 and continued into 2023, involved a mother and daughter duo just outside Dallas, Oregon, were convicted in a case of felony animal neglect. Sanda and Jessica Brownell’s property was raided by authorities while they shockingly were in the midst of conducting a summer horse camp for kids as part of the illegal unregistered business.

Animal control Deputies with the Polk County Sheriff’s Office called on Harmony New Beginnings and a local veterinarian to assist with removing countless horses in that case and rehabilitating them.

Renouf explained that they became concerned about horses and other animals at Green Acres after receiving a new wave of people expressing concerns, including riders, other horse people, and neighbors of the business, and even hearing about complaints being filed with the Tillamook County Sheriff’s Office.

“Animal control was receiving calls but nothing appeared to have been done about it.” said Renouf

Renouf didn’t want to mention the owner or business by name in her blog post but did confirm to NW Horse Report that the owner referenced was indeed Teresa “Terri” Stuebgen and her Green Acres Beach & Trail Rides. The business is co-owned with her now ex-husband Daniel Stuebgen.

One of the other directors from Harmony New Beginnings knew Teresa Stuebgen, and so they made a visit to the property just to see what they could do. Renouf explained to NW Horse Report that while they expected issues, nothing could have prepared their seasoned staff for what they actually found considering some of these horses were being used on the beach with tourists in recent weeks.

A photo of one of the horses recently rescued by Harmony New Beginnings Animal Rescue – (Photo Courtesy of Mary Renouf)

She went on to explain that, “[Teresa Stuebgen] tried to explain the situation– and some of it is probably true. It has been a rough winter, feed is expensive, there is a shortage of care providers and the economy has been hard.” said Renouf.

“But if we’re being honest, if your business is based off using horses to provide tours, then you have to put their care first. Sure, vets are taking awhile to come out, but these horses hadn’t had care in a VERY LONG time.” explained Renouf.

“Hoof experts do cancel sometimes, but not for years at a time. Feed and supplements can be hard to come by, but there are alternatives.”

Renouf also said it’s even more “unconscionable” considering the Stuebgens also own a feed store, which NW Horse Report uncovered as Happy Trails Feed & Tack.

A detailed a long list of issues witnessed by the rescue staff at the overnight barn for Green Acres on Friday was also disclosed by Renouf;

· “Way too many horses being housed in one area.”

· “Numerous horses that were incredibly underweight, one with an eye infection so bad the eye couldn’t be opened and others that were biting and kicking because of the unsafe cohabitation.”

· “Unclean pen area, with some horses clearly covered in mud and feces.”

· “No clear food source and water troughs that were unclean and had nowhere near enough water for the number of animals present.”

· Other livestock confined and segregated in small spaces, again with no food or water.

· “Unsafe living conditions IN THE BARN for numerous humans, none of whom seemed to be actively participating in the care of the animals.”

The rescue crew later went to the beach location after finding that Teresa Stuebgen was not present.

“We got there a little ahead of the return of a tour group where we noticed the stalls had no food and empty water buckets. As the group came back, we could see the horses were clearly being overworked, underfed, and lacked energy,” said Renouf.

“Upon further inspection, we saw their coats were dull, their tails and manes matted and falling out. You could clearly see ribs poking out on several, feet in desperate need of a farrier, and teeth issues,” she also details.

Photo showing two horses voluntarily surrendered to Harmony New Beginnings Animal Rescue by the owner of Green Acres Beach & Trail Rides – (Photo Courtesy of Mary Renouf)

Renouf confirmed that they received three animals, two horses as well as a neglected turkey which was pictured in her blog.

She also explained they were “lucky” the owner even released those few animals to them voluntarily, “There are so many horses in this situation I could talk about, but what I will say is this. The owner couldn’t defend it no matter how hard they tried. And we shouldn’t have been the ones having that conversation with them.”

“Animal control could have done more. The local authorities should have done more. We were lucky that owner was willing to release a couple of them to us to work on, but even then, they didn’t surrender them, they asked us to rehabilitate them and give them back.”

More witnesses coming forward

Mahaley Rogers, 22, is a now former employee of Green Acres and recently came forward to NW Horse Report to tell her story after hearing about the latest round of discoveries involving Green Acres, further corroborating much of what Renouf and other rescue staff recently uncovered.

Rogers explained that she’s actually known the Stuebgens a long time– since she was about 10 years old– and had worked off-and-on for the business and the Stuebgens since she was that age. Until the 2020 and 2021 seasons, Rogers had worked as a minor for the business.

She detailed what was a myriad of problems with the business, from lying about hiring minors, falsifying payroll records, and how it and the Stuebgens generally operated their businesses, among the issues being the care of the horses year-round– explaining that it was however far worse during the winters.

Rogers stopped working for the company by mid-summer of 2021, but said she tried “not to entirely burn bridges” so she could continue to check on the horses. Months ago, Rogers said she finally had enough after witnessing the condition of most of the horses which she claimed were worse than it had been in any other past winter.

That’s when Rogers says she reported the issue to the Tillamook County Sheriff’s Office but said the complaint was ultimately dismissed.

“When you can see that a horse is thin and skinny even with a thick winter blanket on– if a deputy can’t tell those horses need help they need to have a professional go with them because they clearly don’t know anything about horse welfare,” said Rogers.

“If an officer went down there months ago and saw any one of those horses, they should have done something then.”

A photograph from 2020 taken by a private investigator and obtained through State public records detailing past issues of horse care corroborates numerous allegations that the Stuebgens and their company Green Acres have a repeating pattern of neglecting their animals each winter.

Renouf’s detail of last Friday’s ordeal went on to express that some of the wounds and conditions of horses were so bad, the seasoned animal rescuer couldn’t even bring herself to share them.

“When we got the ones we were able to take back to the rescue out of the trailer and into a stall with alfalfa, they didn’t stop eating for over an hour. We took off their blankets and we all were gutted. We knew it was bad, but we didn’t know it was THAT bad. Ribs clearly visible, sunken backs, jutting hips, hair loss, caked on feces to the tails and haunches, open wounds (I can’t even post those photos because they are so disgusting and heart wrenching), cracked hooves, bald patches, and broken spirits.”

Allegations related to illegal business practices

The issues related to animal neglect are not the first major issues facing the Stuebgens or their businesses.

In addition to the numerous allegations by citizens and State officials related to illegal business practices, both Teresa and Daniel Stuebgen have faced repeated criminal issues with local law enforcement in recent years.

Daniel Stuebgen and a woman he was allegedly having an affair with were previously charged with assaulting Ms. Stuebgen. Court records show Daniel Stuebgen being charged with domestic assault and harassment in late 2021. The case was eventually dropped after prosecutors were unable to get Ms. Stuebgen to testify against him. He was convicted on charges the same year for Failure to Report an Accident, Operation of an Unregistered Vehicle, and Unlawful Operation of a Vehicle.

Teresa Stuebgen was also charged in 2021 with a DUII in Tillamook County, a case which is still active following her failure to complete multiple diversion agreements, and ultimately appear in court– leading to the recent issuance of a warrant for her arrest.

Rogers went on to explain that Teresa Stuebgen has a “history of lying and creating excuses every time she’s investigated for something”.

“The Stuebgens always seem to be in trouble with someone”, referring to what she learned were issues with State park officials and even recent social media posts where Stuebgen discouraged her employees from speaking with officials from BOLI who has previously investigated the business.

The Stuebgen’s and Green Acres have also been embroiled in numerous issues and allegations from both citizens and state officials in recent years. This also included their connections to their partner company and its owner who was recently charged with felony counts of filming minors in a bathroom at the beach location for Green Acres.

Photo of John Bonander released by Tillamook County Sheriff’s Detectives in efforts to uncover additional victims in his criminal case. (Photo Courtesy of TCSO)

John David Boannder, 48, was arrested last December after it was alleged by Tillamook County Detectives that he was secretly filming minors and others in a bathroom on the property used by both businesses and minor employees of both businesses.

Bonander operates West Coast Camels which jointly shared facilities with Green Acres. Bonander also lived at the same property.

Through court records when compared to records from the Oregon State Marine Board, two of the minor victims were confirmed to be employees of both Green Acres and West Coast Camels.

The Stuebgen’s later denied on social media there being any ties between the businesses at all, despite Green Acres advertising the camel rides and details provided by multiple former employees. The Stuebgen’s have refused to respond to requests for comment, except to email and post threats of legal action against NW Horse Report and others.

Rogers claimed the denial of ties between Green Acres and West Coast Camels was “beyond ridiculous”.

“They’re working and running together, they were basically the same business with the guides being involved with both. [Bonander] did go on rides on a few occasions and would also help at the overnight barn– taking care of his camels and the horses.”

A picture obtained from a private investigators report showing the joint facility used by Green Acres and West Coast Camels located on Pacific Ave in Pacific City, Oregon. The owners of Green Acres have denied findings that showed both companies were together after the owner of West Coast Camels was arrested late last year for filming minors and others in a bathroom on the property.

The other issues with State officials, which were detailed in a mountain of public records from multiple state agencies about the business, included; failing to maintain workers’ compensation insurance, illegal minor labor, and occasional issues with compliance with outfitter guide licensing requirements.

Officials with the Department of Consumer & Business Services (DCBS) confirmed ongoing but yet unsuccessful efforts to get Green Acres into compliance with Oregon law. The company has not had workers’ compensation insurance for several years that is required to protect workers.

DCBS also confirmed that the Stuebgen’s other business Happy Trails Feed & Tack has never had workers’ compensation insurance, despite numerous sources confirming the company has employed numerous workers over the last 5 years who were allegedly “paid under the table”. It is unclear if Happy Trails has ever paid any payroll taxes for these employees.

Green Acres also has a nearly decade-long battle with officials with the Oregon Parks & Recreation Division (OPRD) for riding on illegal trails and not cleaning manure on the beach– issues which numerous local residents have attempted to solve with a laundry list of complaints filed with the State in recent years– with little success.

As previously reported as part of our “Shadow Outfitting” story series, Oregon Parks’ Associate Director Havel confirmed that the agency was going so far as working with an Assistant Attorney General at the Oregon Department of Justice to take legal action against the Green Acres and secure an “exclusion order”.

A photo uncovered on Facebook showed camels were being housed alongside horses of Green Acres, and interactions with Teresa Stuebgen (pictured) despite past denials by the Stuebgens on having any ties to John Bonander and West Coast Camels – (Photo used under “Fair Use” rights)

Havel maintained that the exclusion order remained on the table as they continue to deal with the company.

Havel told NW Horse Report on Tuesday that their “office doesn’t have any new recent reports of interactions with the stables, but we did send the owner an email last week.” but stated the Stuebgens have yet to comply with the request.

The agency requested the company renew a permit required to operate an ATV on the beach after learning they resumed operations this year, part of the agency’s efforts to help them facilitate the cleanup of manure.

“It sounds like you have resumed offering beach rides so please complete the permit application at your earliest convenience so that manure clean-up can resume,” said Park Manager Jason Elkins in an April 13th email.

OPRD officials acknowledged the continued difficulties in gaining compliance from Green Acres. Several local residents alleged the issues with the company and the violations of the State rules by Green Acres have been going on for nearly a decade– with most expressing they’ve given up even bothering to make any new complaints on the ongoing issue after it started to grow worse between 2017 and 2019.

A spokesperson with the Oregon State Marine Board (OSMB), the agency responsible for licensing all outfitter guides in Oregon, said they had not yet been aware of the new allegations and evidence concerning Green Acres and their horses.

“Oregon registered outfitter and guides shall provide any animal used in the conduct of business with proper food, water, and shelter and not subject any animal to needless abuse or cruel inhuman treatment.” said OSMB official Brian Paulsen.

“With this new information we are immediately working with our law enforcement partners to substantiate the information and investigate further. Our agency strives to ensure that all individuals who provide outdoor recreation activities for compensation in Oregon conduct themselves in a safe and legal manner.”

The company appeared to enjoy successes and far fewer issues in years past until it changed ownership around 2017 to the Stuebgens. Gary Fromm, who is known as the current owner of the unincorporated city of Otis near Lincoln City, appears to have originally owned the company.

State records showed Fromm’s business, Green Acres Boarding, had an assumed business name of “Green Acres Beach & Trail Rides”. Fromm appears to have canceled his assumed business name filling which coincided with the registration of “Green Acres Beach & Trail Rides, LLC” under a new registry number– filed by the Stuebgens.

While online reviews remain generally positive for Green Acres, the review averages in recent years have been plummeting much lower when not factoring reviews from before 2018, with some ranging averages in the high 2’s and low 3’s on both Google and Trip Advisor.

A significant increase in 1-star reviews with lengthy complaints detailing issues with unsupervised child workers, horse safety and care, failure to return deposits, and other inappropriate conduct– was very noticeable on the company’s review pages.

In one response, the company actually knowledges having minors working, but alleged that adult workers would check in on them.

An active warrant for owner’s arrest on unrelated case

NW Horse Report also discovered that Teresa Stuebgen continues to have an active bench warrant for her arrest as of the publication of this story, having failed to appear recently per court order for hearings related to her repeated failure to comply with a “diversion agreement” stemming from 2021 DUI charge in Tillamook County.

According to an affidavit from Tillamook County District Attorney Aubrey Olson in her application for a warrant for Stuebgen’s arrest, it stated Stuebgen was contacted by Lincoln County Sheriff’s Deputies in their attempts to serve an “Order to Show Case for Diversion Violation”.

Lincoln County deputies “were unable to serve the defendant because the address provided is a business that appears vacant.”

Olson then details that deputies “contacted defendant via phone, and she refused to provide her address, but stated she no longer lives in Lincoln Co. She then hung up on them.”

Based on court records obtained by NW Horse Report connected in both civil and criminal legal fillings, Teresa Stuebgen appears to have been providing false information to the courts when using the now former Lincoln County business address as a residence in some of the fillings, while other fillings show her residence as the property where the overnight barn for Green Acres is based on Resort Drive in Pacific City, which is located in Oregon’s Tillamook County.

Stuebgen’s now ex-husband Daniel Stuebgen also has continued to provide this and other addresses claiming the “principal place of business” for Green Acres is actually in Lincoln City, despite it being located at either the location on Resort Drive or Pacific Ave in Pacific City.

Several individuals also alleged that Daniel Stuebgen has remained aware and shares in the responsibility for the care of the horses. An online review posted just over a week ago appears to show Mr. Stuebgen next to a young customer on the horse.

Daniel Stuebgen is also reportedly a certified farrier, which also raises more questions as to the alleged explanation from Teresa Stuebgen to the rescue and others on the lack of hoof care for their horses.

Allegations of illegal labor practices, payroll fraud, exploiting minor labor, and alcohol and drug use

Rogers also went on to corroborate reports from numerous sources who over the last year also alleged illegal payroll and labor practices by Green Acres and the Stuebgen’s other business, Happy Trails Feed & Tack.

In addition to the illegal employment of minors which Rogers said looking back feels “exploitive”, her story matched with that of others who alleged that the Stuebgens were also falsifying payroll and timesheet records, in addition to illegal wage practices that did not include paying overtime or even minimum wage.

“Okay, here’s an example, I was supposed to be paid $20 per hour– but in reality, they would pay us only $3 or $4 per rider. So if we had 30 riders that day, they would only pay me $90 and on paystubs claim only 4.5 hours, even though I actually worked 12-14 hours a day sometimes,” explained Rogers.

“It was just a mess, and that’s even if we got paystubs and normal paychecks.”

When Rogers was asked who handled payroll she explained, “Tina Cabal, she’s a friend of the Stuebgens and an employee, she was the one who was handling all the fudging of the numbers for Green Acres, she was absolutely in on it,”.

The other employee claimed that Cabal was “paid extra” as an office manager, but couldn’t confirm exactly how much. Rogers said she wasn’t aware if there was any such arrangement for extra pay for Cabal in handling the payroll records with the Stuebgens.

Rogers claimed the company got in trouble years ago with BOLI for paying the guides by the number of rides and having classified them as “independent contractors”, which is an issue where a business engages in the misclassification of workers to avoid payroll taxes and other labor requirements. Despite the change to an “employee classification” and “hourly pay”, Rogers and others said the business just went on to manipulate the numbers for the same effective result.

According to Rogers and the other former employee, it enabled Green Acres to illegally avoid required overtime pay, and pay employees well under Oregon’s minimum wage.

“By 2021, I was making less than $10 an hour most days. I’d work 12 hours and only make $80-$100 dollars” Rogers explained.

The other former employee’s story was similar to Rogers’ own claim.

The allegations by the former Green Acres employees appear to be a clear form of payroll fraud through falsified timesheets, which not only takes advantage of workers but also has serious potential implications of tax fraud.

In fact, according to an official with the U.S. Department of Labor, the Fair Labor Standards Act (FLSA) is a federal law that specifically requires employers to keep accurate records of nonexempt employees’ work hours. For instance, it is illegal for employers to cut an employee’s work time down in an attempt to avoid paying overtime. 

When asked if she was ever paid overtime for the many weeks she knew were well in excess of 40 hours, Rogers said, “Never, they would also avoid overtime pay this way, absolutely.”

Both FLSA and Oregon law requires employers to compensate employees at the rate of 1.5 of their normal hourly pay for each hour worked over 40 hours in a single work week.

Allegations further supported by investigator’s interview with Stuebgen’s daughter-in-law

Many of the allegations made by Rogers and the other unnamed employee were also corroborated in a private investigators’ report from October 2020 also detailed an interview with Teresa Stuebgen’s daughter-in-law, Paris Kirkpatrick-Ware.

The report details many of the same allegations made by Rogers and another unnamed employee but also alleges the company was not in compliance with outfitter-guide laws including avoiding CPR/First Aid-certified training for its guides, especially the minors who were employed.

“When I was really young, the company would call us ‘Junior Guides’, which meant we only got paid with a share of tips. They were still doing this when I left the company in 2021.” said Rogers.

When asked why they thought this could happen, both former employees explained that it was an alternative to “babysitting for some parents” and taking advantage of those who wanted to help and be around the horses.

When we asked Rogers and the other employee why they never reported the issues to authorities or Oregon labor officials, it was due to “fear” of the Stuebgens. The other unnamed employee, and another source familiar with the business’s practices, would only speak to NW Horse Report under the condition of anonymity out of a bonafide fear of retribution.

“I wanted to go to BOLI, I wanted to go do that, but I was in fear of retaliation,” Rogers said, going on to explain, “But I had also been there a long time since I was a kid, I really cared about the horses. I wanted to ensure I didn’t burn a bridge and could have access to the horses and be sure they were okay, because [the Stuebgens] didn’t take care of the horses in the winter.”

BOLI is Oregon’s Bureau of Labor & Industries which investigates and enforces Oregon’s labor laws and provides support for both employees and employers.

As previously detailed in past reporting from NW Horse Report, records also showed that Green Acres attempted to obtain a “minor exemption certificate” in the summer of 2020 after BOLI’s Child Labor Unit sent a warning to the business, but the application was denied based on the classification of work in accordance with State and Federal labor laws.

BOLI’s Child Labor Unit then attempted to receive more information from the company, but their requests were ignored. The State informed Green Acres that they could not employ minors.

“You may not employ minors as long as you do not have a current Employment Certificate.” said an August 13th, 2020 letter from the agency. According to BOLI officials, Green Acres did not respond to their requests.

One of the former employees told NW Horse Report that Teresa Stuebgen would also frequently claim people as “family” in order to deflect inquiries from State officials, despite the individuals not being immediate family members or even family at all.

Kirkpatrick-Ware also made similar allegations in her interview with an investigator, having been aware that when the company did not have their license for months following a citation for “guiding without a license” in March of 2020.

The report read, “Ms. Kirkpatrick-Ware stated Mr. and Ms. Stuebgen ran beach rides without a license from March 2020 to May 2020. After my own internal investigation, I found that their business also falls under Oregon State Marine Board outfitter licensing. She stated during this time they would make the paying customers pretend to be ‘family’.”

Kirkpatrick-Ware also detailed to the investigator that Teresa Stuebgen continued to “bute” a horse named Chrome that the company’s Oregon veterinarian, Dr. Richard McMillian, had previously told the Stuebgens needed to be retired. Bute is a term for the analgesic drug phenylbutazone, namely used in the treatment of horses.

The allegations by Kirkpatrick-Ware were collaborated by Rogers– telling NW Horse Report that the horse Chrome should not have had any riders over 90lbs on the horse or used on the beach, and being aware that Teresa Stuebgen would frequently give the horse “bute” before rides with customers on the beach.

Rogers also claimed the same practice was being done with another horse in recent years.

“They had to give one of the horses named Jet butte in order for the horse to do rides, they never worked to get her in shape before the rides.” said Rogers.

The interview report with Kirkpatrick-Ware also went on to allege drug and alcohol use by both adults as well as some of the minors on the property. Rogers stated she witnessed consumption by both Bonander and Teresa Stuebgen on a “regular occasion”, and that alcohol was prevalent in a fridge inside the business and used by the workers, including several children.

Sheriff’s office confirms new investigation

The Tillamook County Sheriff’s Office (TCSO) confirmed to NW Horse Report on Tuesday that it was actively investigating the report and confirming an official with the horse rescue filed a complaint with the agency.

Following initial publication NW Horse Report spoke with the Polk County Sheriff’s Office (PCSO), having made an inquiry prior to press time of sources who believed their office was providing an agency assist to TCSO after having learned that the rescue– located in Polk County– had obtained two of the horses and a turkey.

Following initial publication, Capt. Jeff Isham with PCSO clarified the record and stated that while their deputy did inspect the horses that were brought to Polk County by the rescue, they have yet to receive any request from TCSO for any assistance or to officially investigate the animals surrendered to the rescue.

Isham said Polk County Sheriff’s Office is more than happy to provide assistance of their animal control officer to other agencies, especially those without qualified staff. PCSO’s Deputy Jodi Whiting was recently awarded ACO of the Year by the Oregon Animal Control Council and regularly conducts training for all of Polk County’s patrol deputies. Isham said the training of their other deputies by the State’s leading ACO is a great resource that allows their agency to be more effective in properly investigating animal neglect cases.

A turkey rescued last Friday from the Green Acres facility was allegedly found next to “dead chickens”. (Photo Courtesy of Mary Renouf)

A patrol supervisor for TCSO also confirmed that a deputy and a veterinarian went to the property earlier Tuesday, but did not yet have details regarding the visit and if Ms. Stuebgen cooperated with the visit. The supervisor stated that the visit was not however under the authority of a warrant and did not disclose the veterinarian.

The supervisor did not generally respond to multiple allegations by numerous citizens previously mentioned in this story, indicating it was above his pay grade and that such comment would need to come from either their Sheriff or PIO.

Tillamook County Sheriff Joshua Brown stated on Tuesday evening that he would need more time to respond to the request for comment, having not been familiar with the case. As of press time Wednesday no further comment had been made.

We did ask Sheriff Brown if his agency was familiar with many of the resources in neighboring counties that often assist smaller agencies and communities with similar cases, including support from animal rescue organizations that frequently work with law enforcement, the State’s special animal cruelty prosecutor, and veterinarians with experience in such legal cases.

Joy Laudahl, another director for Harmony New Beginnings Animal Rescue, also spoke with NW Horse Report regarding the recent revelations. Laudahl was one of the three members of their rescue who approach Teresa Stuebgen last Friday when they made a visit to her family.

Laudahl disclosed that she had worked with Teresa Stuebgen in years past, including with her feed store by holding fundraisers for their non-profit. She however expressed that despite the past relationship with Teresa Stuebgen, her feelings quickly changed with time as the reality of the situation and reports– from those both in and outside the equestrian community– were increasingly coming to light.

“It’s honestly heartbreaking, and at the end of the day there isn’t anybody that can really remain a true friend of mine when animals are put into this situation,” Laudahl said.

“People need to be honest and excuses don’t cut it when the animals are suffering, and this is really one of the most heartbreaking cases I’ve ever experienced. This happens by people’s choices– and by negligence– and they [the animals] don’t have a voice.”

Much of the same somber mood and heartbreak expressed by Renouf in her weekend blog post following the ordeal last Friday was also shared by Laudahl, “It was just so bad, and if the sheriff doesn’t move soon more animals are going to die.”

While Laudahl is no stranger to working with law enforcement agencies across the State in her and Renouf’s capacity at Harmony New Beginnings, Laudahl did express concerns that partly mirror those expressed by others in the community regarding the capabilities of the Tillamook County Sheriff’s Office in handling such a case.

Laudahl did however express that she was hopeful that where Tillamook County deputies may not have the necessary experience, they will seek outside help from qualified professionals and other agencies. She also hoped TCS listens to the community that recognizes this case well exceeds what has been seen in other neglect cases in other jurisdictions that have led to criminal charges.

“The community is already starting to speak out, and it’s just the beginning, so I really hope those leading this case understand how serious it actually is when you look at the other cases being prosecuted,” Laudahl said.

“The community just wants to be heard and know that their Sheriff prevented one more animal from dying because they didn’t take too long to act, to seize animals, and not continue to enable those who will continue to repeatedly neglect their animals,”

A photo of one of the two horses recently rescued by Harmony New Beginnings from Green Acres. (Photo Courtesy of Harmony New Beginnings)

Laudahl and others pointed to the swift action in numerous other cases, including the recent Brownell felony neglect case.

Renouf said that while there weren’t horses that needed to be euthanized on-site as was the case in the recent Brownell case outside Dallas, Oregon, the “situation was very similar in many respects,” including the horses being used for a for-profit business. The Brownells were convicted in that case earlier this year.

Numerous individuals and former employees also expressed that they believe law enforcement must act and “not just try to educate or help them care for the animals themselves”, believing this pattern of conduct has already been repeating itself for years.

“They easily make over $400,000 a year if you can do simple math, with at least a quarter million of that in just the heat of a few months of summer,” said Rogers, claiming that at best Green Acres is probably paying out only 30-40 thousand dollars in payroll.

“Even if it’s twice that, that’s still plenty of money to take care of the horses they have, but everybody that knows them knows they just won’t do it,” said Rogers.

“There is plenty of money for them to buy hay and feed, but the Stuebgens have continued to show they are irresponsible. They make plenty of money to do things legally and take care of their animals, they just choose not to and instead spend the money on themselves, and tons of alcohol while the horses suffer.”

The other employee also believed that the amount Rogers alleged the business generates was fairly accurate when figuring an average of 30 riders a day and being open nearly 7 days a week during the summer season.

She also claimed, “They do a lot of business in cash too, and [the Stuebgens] take a lot of money out and just go spend it, so I’m sure they don’t report that much. Plus we’ve learned they aren’t paying for workers’ [compensation] insurance like they were supposed to.”

NW Horse Report did not receive any response from the Stuebgens or Green Acres following a Tuesday email to their business.

However, Teresa Stuebgen made a Facebook post-Tuesday evening saying, “Hey Karen’s unless you know about a horse or my life shut the hell up and get a life.”

Laudahl also provided copies of hostile voicemails from both Daniel & Teresa Stuebgen left with Harmony New Beginnings early Wednesday afternoon.

“Hi Joy, this is Dan over at Green Acres, and uh I think we have some [f-ing] problems and I want a callback.” said a voicemail from Daniel Stuebgen.

A voicemail from Teresa Stuebgen stated, “Hey you know, I’ve always rescued with all my heart, and for you to backstab me the way you did, I am unbelievably hurt, I did everything I could and I have given you a lot…”

After initial publication, Daniel Stuebgen left two more voicemails on the rescue’s phone which escalated to threats of lawsuits against the non-profit and its officers for “defamation” and alleged that he would be taking action on everyone who he claimed was “trespassing”, despite them having been allowed onto the property by Teresa Stuebgen as part of the voluntary surrender.

As of press time, the website for Green Acres at www.beach-rides.com appears to have been replaced with a simple “Coming Soon” landing page.

Anyone with first-hand information regarding allegations of animal neglect in relation to this case can contact the Tillamook County Sheriff’s Office at (503) 842-2561.

Those interested in supporting the ongoing care of the two horses and turkey or other animals already in the care of Harmony New Beginnings can visit www.hnbar.org. The organization is a licensed Animal Rescue Entity with the Oregon Department of Agriculture and a 501(c)(3) non-profit organization.


This is a developing story that you can count on NW Horse Report to keep you updated on.

Sometimes You Don’t See the Good, Just the Bad and the Ugly

GUEST COLUMN

You know that saying — you take the good with the bad? That’s life as an animal rescuer. There are beautiful days in rescue and there are days that break your heart. Recently I had a beautiful day when I had a former foster dog visit and he was so overjoyed to see me he rolled over and peed himself, but also gladly jumped in the car with his new family when it was time to go because he’s so happy there. But yesterday — yesterday almost broke me.

A large part of animal rescue isn’t the rehabbing or rehoming an animal, it’s the acquiring of the animal that is sometimes the hardest. I’m going to take you on a journey to understand how it often works.

Our rescue received calls from a few concerned people about a group of horses being used for beach rides. The concerns had been coming from media reporters, paid riders, other horse people and even neighbors of the barn area. Animal control was receiving calls but nothing appeared to have been done about it. So we were asked if we could go assess the situation. Especially since the horse community is fairly small and our founder knew the owner of the horses.

We knew it would be a sensitive conversation and we knew it might be a hard situation. We weren’t sure how many horses were unhealthy or “skin and bones” as the reports were saying. And we didn’t know if we’d be able to convince the owner to surrender them. You also never really know what the situation is — maybe it’s just one sick horse. Or maybe it’s an owner who is sick or can’t take care of the animals and the horses are unintentionally being neglected.

Have trailers, will rescue…

Regardless of what we’d find or what was the driving force, we knew we needed to try to help. So we loaded up the trailer and headed out. On the drive, we discussed our strategy. Our founder would talk to the owner, our horse trainer would assess the horses health and I would assess the condition of where they were being kept.

Our first stop was the barn where they are housed. What we found there was both heartbreaking and scary. The location wasn’t safe, in fact I only felt safe going in because I was armed. We had only a few minutes to scan the area before we were met by a questionable-looking man asking us why we were there.

It was really hard to see the conditions.

Even in a few moments, what we saw was this:

· Way too many horses being housed in one area.

· Numerous horses that were incredibly underweight, one with an eye infection so bad the eye couldn’t be opened and others that were biting and kicking because of the unsafe cohabitation.

· Unclean pen area, with some horses clearly covered in mud and feces.

· No clear food source and water troughs that were unclean and had nowhere near enough water for the number of animals present.

· Other livestock confined and segregated in small spaces, again with no food or water.

· Unsafe living conditions IN THE BARN for numerous humans, none of whom seemed to be actively participating in the care of the animals.

Realizing that we were not welcome in the barn area, we hopped back in the truck and trailer and headed for the beach, where we knew more horses would be in action providing rides to tourists.

We got there a little ahead of the return of a tour group where we noticed the stalls had no food and empty water buckets. As the group came back, we could see the horses were clearly being overworked, underfed, and lacked energy. Upon further inspection, we saw their coats were dull, their tails and manes matted and falling out. You could clearly see ribs poking out on several, feet in desperate need of a farrier, and teeth issues. Even though the situation was worse than we had anticipated, we still wanted to talk with the owner so we had a conversation.

The owner tried to explain the situation — and some of it is probably true. It has been a rough winter, feed is expensive, there is a shortage of care providers and the economy has been hard. But if we’re being honest, if your business is based off using horses to provide tours, then you have to put their care first. Sure, vets are taking awhile to come out, but these horses hadn’t had care in a VERY LONG time. Hoof experts do cancel sometimes, but not for years at a time. Feed and supplements can be hard to come by, but there are alternatives. And even if your horse has been sick, you still need to provide ongoing care and maintenance.

I’ll give you one example — when we asked the owner about a horse that clearly has a body condition score of maybe a 1 or a 1.5 they said the horse had suffered from long-term parasite issues. Our concern with that answer was on several levels. One, you needed to get a vet out to properly diagnose. Two, you can treat parasites fairly easily. Three, the horse had open wounds that were infected from diarrhea burn which is preventable — clean your horse daily while they are experiencing diarrhea. Left untreated it becomes miserable, infected and potentially life threatening. And four, the horse is so malnourished that trying to rehabilitate might not be possible — but you’re still letting people take rides on the beach with her? There is no excuse for that. You’re putting her in jeopardy every day. And the people who are paying money to ride her are in jeopardy of her collapse while on her.

The condition of this horse is beyond weight, she had open and infected wounds.

There are so many horses in this situation I could talk about, but what I will say is this. The owner couldn’t defend it no matter how hard they tried. And we shouldn’t have been the ones having that conversation with them. Animal control could have done more. The local authorities should have done more. We were lucky that owner was willing to release a couple of them to us to work on, but even then, they didn’t surrender them, they asked us to rehabilitate them and give them back.

We took the ones we were allowed to take, we offered to take as many as they would give us. We offered to take a malnourished and isolated cow as well, but they wouldn’t budge — because even though he was skinny, he is future freezer beef. We even took a turkey- yup we threw that boy into the back of the SUV because the condition he was living in was beyond what we could leave him in.

The worst part for me was that while we were taking two out, the one with the severe eye infection was begging me to take him. He was pushing into me and trying to get through the fence panels and into the trailer. He knew that getting into that trailer with us might be his only chance at survival or a better life. But the owner wouldn’t let him go.

That ride back to the rescue was somber. There were tears, there were swear words, there were long, deep breaths. There were broken hearts and broken spirits. But there were also plans being made to continue this fight. There were promises that the horses would be healed if we could do it. There were words of comfort that even though this one hurt, it’s still the right work to be doing. We call it the Lord’s work, and we don’t do so lightly. Because without Faith, we couldn’t do this work long-term — we’d be too broken.

When we got the ones we were able to take back to the rescue out of the trailer and into a stall with alfalfa, they didn’t stop eating for over an hour. We took off their blankets and we all were gutted. We knew it was bad, but we didn’t know it was THAT bad. Ribs clearly visible, sunken backs, jutting hips, hair loss, caked on feces to the tails and haunches, open wounds (I can’t even post those photos because they are so disgusting and heart wrenching), cracked hooves, bald patches, and broken spirits.

We were mostly speechless as we walked them out.

They were so lacking energy that they didn’t even put up a fight when we were cleaning open wounds. They had no fight left in them, but I think they also knew they were finally in good hands. I think they’d eat non-stop if we would let them, but at this point, getting the right amounts of nutrients to them without causing even more harm is the name of the game. It will be expensive, it will be time consuming, and it will be a long haul before they are back to health — if they ever get there. Often at this point, they are too far gone to save. But I promise you this, we will do everything we can to help those horses. And we will do everything we can to help the ones we couldn’t get out of there on THIS trip. Rest assured, we will be fighting to get the rest of them out.

I could go on about this rescue effort, but honestly, this will probably be a court case so I’m not opening too much up.

I could go on about this 10 hour rescue effort, but honestly, I’m still sick and hurt and a bit broken.

I could go on about this rescue effort, but honestly, it’s not even that different from others we’ve been on or others we will go on in the future.

We were heartbroken, but our promise to each other is we always look on the bright side.

But what I WILL always keep talking about is the work we do, and we WILL continue to rescue animals in need.

View the original article here: https://medium.com/@maryrenouf/sometimes-you-dont-see-the-good-just-the-bad-and-ugly-d67709195cab

GUEST COLUMN

Mary Renouf, Guest Author


NW Horse Report is currently investigating the circumstances and details behind this situation to bring you further reporting soon.

Kaylyn McGrady breaks silence on allegations of sexual misconduct by USHJA staffer Harrison Brown & retaliation from Brown’s father

Clackamas, Ore. – The then-minor victim in a case of alleged sexual misconduct against a USHJA Trainer’s staffer who was recently suspended by the US Center for SafeSport has made her first public statement in an exclusive interview with NW Horse Report.

The staffer was identified by SafeSport last month as Harrison Joseph Brown, 25, who worked alongside USEF certified trainer Jill McGrady, 44, at her business Quiet Rein Riding School, a hunter jumper training facility that primarily trains young women in the Olympic sport.

According to numerous sources who spoke with NW Horse Report, Brown and McGrady were also allegedly dating and engaged in an affair. While both Brown and McGrady have not made any comment, several proponents defending Brown & and McGrady– including Brown’s own father– deny the allegations.

According to public court documents, McGrady had separated from her husband last year and was involved in a 9-month divorce proceeding that was finalized last week. The proceedings originally appeared to be heading for a trial last month until a stipulated judgment between the parties was recently filed.

The divorce petition filed by Jill McGrady last August in Clackamas County Circuit Court also confirmed allegations by numerous sources that Jill McGrady has also been living together with the Browns at a residence in Happy Valley owned by Harrison Brown’s father, which was confirmed by Pamplin Media Group through county property records.

The recent stipulated judgment in the dissolution of marriage document again listed the same address for McGrady last week, confirming McGrady continues to reside with Brown and his father as the investigations continue.

After SafeSport’s interim suspension was made public, the purported victim was then shockingly identified as McGrady’s now estranged daughter Kaylyn McGrady, now 20.

As has been common with many cases of alleged sexual misconduct against minors in the hunter-jumper sport, the younger McGrady has already been faced with a swift rebuke from adamant supporters of Brown and the senior McGrady, including Brown’s own father– actions which are further detailed later in this story.

Four separate individuals who would only speak to NW Horse Report on the condition of anonymity out of fear of retribution, also reported that Harrison Brown and McGrady were seen out in public together shortly following the notice of suspension and requests for comment from NW Horse Report from both Brown and McGrady.

Kaylyn McGrady breaks silence on allegations & SafeSport investigation

Kaylyn McGrady recently spoke exclusively with NW Horse Report to tell her story following the announcement by SafeSport. For the purpose of this segment, we will refer to her by first name only.

During the interview, Kaylyn went on with expressing much appreciation for those supporting her and other victims of sexual misconduct, within and outside the equestrian community. NW Horse Report’s interview didn’t get into any specifics with Kaylyn regarding the alleged conduct itself, as investigations were ongoing.

Kaylyn explained that her equestrian background started when she was very young, mostly due to her mother’s background going from working for Safeway to eventually becoming an equestrian professional.

“I turned 18 just around the time COVID hit, so I started working professionally for my mom and the original plan was to work for her and eventually take over the business until everything obviously changed. So then I went to work for Imagination Lane starting last July. It’s full-time for me, but I’m also a full-time student and working on a transfer degree so that I can finish at a 4-year and get my business management degree.” she said.

Kaylyn McGrady now works as an assistant trainer for the hunter-jumper training program Imagination Lane located outside Portland, Oregon.

Kaylyn’s initial report to investigators with the US Center for SafeSport about Brown took place in the early summer of 2022 just prior to then taking on a new role with equestrian training facility Imagination Lane as an assistant trainer.

“When it first all happened the aftermath of everything was pretty rough. Luckily I had my roommate– she’s been amazing and basically like my sister and is also in the equestrian world. My dad was like right there with me through everything, so between those two I got a lot of help, and are still helping me out today.” said Kaylyn.

When asked how that support has helped her cope with everything since coming forward, “I’m doing better with the support and everything, but like most things, there are good days and bad days, and there are things that’ll come up and get me into a bit of tizzy. Between my friends, my dad, and even my boyfriend– it’s been nice having them stand behind me.”

“Kendall & Nicole and all of the staff at Imagination Lane have been so supportive as well, providing a safe and supportive work environment,” remarked Kaylyn.

The questions eventually turned to ask how Harrison Brown had come into the picture with the McGradys.

“Harrison had a younger sister who I believe still rides and even works out at Quiet Rein, and then eventually he started coming around the barn and going to shows, eventually being hired by my mother,” said Kaylyn, going on to explain that she thought Harrison was hired around late 2019, and quickly had a close relationship with her mother.

“I did make the initial complaint… I have been working with SafeSport and the investigation, they’ve been great,” she responded.

“I am more than willing to particulate in any investigation that may be brought about.”

We then asked what led her to ultimately come forward with the allegations against Harrison Brown.

Kaylyn McGrady (left) with her father Marshall McGrady (right). Kaylyn expressed to NW Horse Report the significant support she’s had from her father since coming forward to the US Center for SafeSport.

“At first, I’m not going to lie, I was absolutely terrified to come forward. I didn’t know what it meant, I didn’t know what I was getting into, so I just kinda pushed it to the side.”

“It wasn’t until this last year when several girls that were training with us expressed how much they looked up to me, respected me, and all these things… and then one day I just realized that these girls were all my age when things happened to me and I felt like I wanted and needed to do my part to ensure this kind of things didn’t happen to them, because it’s awful, and nobody deserves to go through that,” explained Kaylyn.

“I just wanted to do what I could so that not only just those kids, but minor athletes, in general, were safe from this sort of environment.”

Kaylyn was asked how she handled the environment she was in over a couple of years while Brown continued to be employed by her mother and Quiet Rein, all while finishing high school and working that transition to being an adult.

While appearing emotional Kaylyn went on to explain, “It was not easy for sure, after all of this happened my mental health really started to decline, and as soon as [Brown] came into our lives there was a lot of stress that was happening between all of our relationships between the three of us, and being an only child my mom and my dad are really all I had, they were my family.”

“I really started to feel I was alone and nobody really understood what was happening, because I really didn’t tell anyone about it and didn’t know really what to do.”

We asked Kaylyn how she felt about how everything unfolded with her own mother in this entire ordeal, including the fact that her mother was still standing by Brown following the public notice of Brown’s suspension.

“I did hope that once I came forward that my mom would have been more supportive, but unfortunately it worked out the way that it did,” said Kaylyn.

“I do wish there was a way my mom and I could reconnect and work things out, because my mom is my mom, and family is family, and I’ll always have a love for her. I do love her, I still love her, and I just hope for things to work out eventually.”

NW Horse Report also spoke with Kaylyn’s attorney Russell Prince regarding what they felt were part of the failures in Kaylyn’s case.

“The saddest reality to this whole situation is Kaylyn’s first line of defense was her mother, and her mother was the first person she went to,” said Prince.

The allegations have also raised serious questions as to the alleged conduct of Jill McGrady herself given her obligation to report such alleged conduct under USEF and SafeSport requirements, let alone the fact it was her own daughter.

Kaylyn also went on to detail coming forward to her mother initially, “I was basically saying he did this to me, and I knew she was going to have a hard time handling it, and honestly that’s another reason I waited so long to do anything because I cared for her and wanted to make sure my mom was okay.”

“When I did come forward to her she was the first person I told who could do anything about it, and having her not take the action she needed to was pretty heartbreaking for me, it definitely broke a lot of trust for me,” she explained, albeit emotionally.

In coming forward, Kaylyn also expressed her fear of facing similar personal and often vicious attacks endured by Maggie Kehring, the then minor who was the alleged victim of 2012 FEI World Champion equestrian Rich Fellers who is also from Clackamas County, Oregon.

Brown’s father retaliates with an “anonymous tip” on unrelated allegations causing police response to victim’s workplace

Following NW Horse Report initially breaking the story regarding Brown’s US SafeSport suspension, the story was covered and referenced by Pamplin Media Group as part of a March 9th article titled “Why are so many Clackamas County equestrians alleged with sexual abuse?

This led Brown’s own father Bob Brown to contact Pamplin Media Group, claiming that SafeSport suspends its members without investigation.

Bob Brown also seemed to imply in an email to Pamplin Media Group that both Kaylyn McGrady, as well as other victims of alleged abuses by equestrian professionals, were not credible.

“You might also consider looking into some of these women that make these reports,” Brown said.

He also made allegations against Kaylyn McGrady for underage drinking as a means to question credibility, pointing to records with the Clackamas County Sheriff’s Office as evidence to support his claim when requested by Pamplin Media Group.

Kaylyn also stated that in August of 2022, she was contacted by a Clackamas County Sheriff’s Deputy who claimed they received an anonymous tip on the allegations. She also detailed how the deputy even went to her new workplace, Imagination Lane, and spoke with an official for the company that leases the facility to Kaylyn’s employer on a day that she was off work.

NW Horse Report and Pamplin Media Group later worked to obtain the records Bob Brown implied existed, only to shockingly discover the records were from Bob Brown’s own “anonymous” report made to Clackamas County Sheriff’s Office in an apparent effort of retaliation against Kaylyn McGrady.

“In the case of Harrison Brown, the accuser made the report of alleged abuse in June 2022 and safe sport took no action until January 2023. Safe sport clearly did not feel he was a threat to the equestrian community.” Bob Brown told Pamplin Media Group.

Officials with SafeSport provided earlier statements to NW Horse Report that the suspension of Harrison Brown took place after an initial investigation– explaining why the younger Brown was not immediately suspended in June.

Some proponents for SafeSport’s investigative efforts claimed that the organization does not issue any public suspensions until an initial investigation has been conducted and evidence obtained, but that such investigations are generally expanded upon by the agency and/or criminal investigations by law enforcement.

Bob Brown then went on regarding his allegation that Kaylyn McGrady had been engaged in underage drinking at several Clackamas County establishments and had a fake ID. When Pamplin Media Group told Bob Brown that it would consider following up if he could point to any sourcing to confirm such allegations, he then responded with additional information.

“As to the accusations that the accuser has illegally obtained alcohol and provided alcohol to other minors could be verified by checking reports with Clackamas County Sheriff’s office…” Bob Brown remarked.

When NW Horse Report later asked Kaylyn about such allegations, she did admit that she had previously been in some such establishments, and like many young adults, has consumed alcohol– but in these circumstances her mother Jill McGrady and Bob Brown were present.

Kaylyn later told NW Horse Report that she felt both “shocked and intimidated” by having law enforcement show up unannounced at her workplace and questioning a manager on her day off, especially based on what she was told was an “anonymous tip”. She also explained a brief phone call she eventually received from a deputy who only indicated that she should not be drinking underage and to be safe.

NW Horse Report was able to confirm the communications were from the correct Bob Brown based upon his use of his company email for his business, Bob Brown Realty.

Bob Brown Realty had been a regular commercial sponsor of events held by McGrady’s Quiet Rein Riding School and by a non-profit called Leg Up Northwest, a 501(c)(3) which was founded by McGrady who currently serves as the group’s president.

Pamplin Media Group and NW Horse Report then worked to obtain records from the Clackamas County Sheriff’s Office regarding the allegations made by Bob Brown. Initially, the request for records was denied due to a “case with the DA’s office.”.

The District Attorney’s Office then told Pamplin Media Group that it also would not release the records for the same reasons as it “appears to be in reference to a child abuse or child sexual abuse” case.

This response in itself ultimately helped confirm the existence of an ongoing criminal investigation involving Harrison Brown, although no details were provided.

After NW Horse Report and Pamplin Media Group provided further clarification on the nature of the request as being related to a separate matter that should not be part of the referenced criminal case, a subsequent review by the District Attorney’s Office eventually led to the records being released.

The records included a dispatch log and a recording of a phone call with a dispatcher on the individual who made the complaint.

That’s when NW Horse Report promptly discovered that the caller and complainant was actually Bob Brown himself, despite him never making any indication in his statement to Pamplin Media Group that he was the person behind the very “records” he claimed would support his allegations.

The dispatch log also then confirmed that the call was made within a couple of weeks, if not days, following the US Center for SafeSport notifying Harrison Brown of its own investigation. It was unclear if the Browns were aware of a separate and confirmed criminal investigation being conducted by law enforcement that started around that time.

The records contained no additional evidence or statements beyond a repeat of Bob Brown’s allegations made to Pamplin Media Group.

The log also confirmed that a deputy did respond to Kaylyn’s workplace. It additionally showed the deputy spent nearly an hour and a half of time on the call, having been dispatched immediately after Bob Brown contacted police dispatch.

After NW Horse Report revealed its findings to Kaylyn McGrady that Bob Brown was the complainant, she expressed that she felt it was an obvious effort by the Browns to intimidate her, especially considering the ability to cause the police response to her then-new place of employment and having finally gone public with the allegations against the younger Brown.

The action potentially raises questions related to a civil action under a not well-known Oregon law listed as ORS 30.845 titled “Action against person who summons police with improper intent”. One of the listed elements is causing a police officer to arrive at a location to contact another person with the intent to: “Cause the other person to feel harassed, humiliated or embarrassed;”

During the phone call, Bob Brown provided his information to the dispatcher but implied he wanted to be left out of the report. Bob Brown was also told a deputy would contact him. Bob Brown also made no mention of the ongoing investigation into his son Harrison. The dispatcher eventually informed Bob Brown that an officer would contact him.

NW Horse Report is now working to uncover any potential recordings from body-worn cameras that would have captured the deputy’s phone call with Bob Brown.

Kaylyn also told NW Horse Report that the deputy who contacted her by phone said he was reaching out due to an “anonymous tip”, despite the fact it appears the deputy spoke with Bob Brown prior. It was unclear if the deputy had any knowledge of the ongoing investigations involving Harrison Brown.

NW Horse Report did reach Bob Brown at his office weeks ago seeking comment. He initially stated he wanted to comment but would have to call us back later that same day, but ultimately did not call back. He did not return subsequent calls seeking comment.

Mustang horse trainer & founder of “Horse Boarding of Oregon” FB group charged with animal neglect, horses abandoned at boarding facility

Colton, Ore. – A woman well known throughout Oregon equestrian circles as a BLM Mustang trainer has been charged by the Clackamas County District Attorney on eight criminal counts of animal neglect and abandonment, according to court records obtained by NW Horse Report.

The charges come following allegations that Aurora resident Michael Jean Wells, 47, who also goes by “Mickie”, had neglected her horses prior to then abandoning them at a commercial horse boarding facility months ago outside Colton, an unincorporated community located in Clackamas County, Oregon.

Wells had also been a trainer with the Mustang Heritage Foundation (MHF) and owner of Wet Paint Mustangs in Burns, Oregon. According to the Oregon Secretary of State’s Corporation Division, the business never legally existed.

Wells’ affiliation with the organization was part of their Trainer Incentive Program (or “TIP), which states it has “trainers in over 40 states” and has “more than 16,000 animals placed” through the program.

Cary Scholtes, Director of the Trainer Incentive Program for MHF, confirmed that Wells was no longer active with their organization and had been “suspended” as a TIP trainer in late 2018.

While Scholtes could not disclose the reason for the suspension, she did state that it is rare for any TIP trainer to be suspended and that such actions are typically related to violations or other improper conduct by a trainer.

She also explained that trainers with any criminal history of neglect or abuse of animals are not permitted to be part of the program which functions in partnership with the Bureau of Land Management.

Scholtes went on to say that Wells was not permitted to continue using any of the MHF and TIP branding or marketing materials that were still displayed on a Facebook page for her unregistered business.

MHF did say such suspension actions are also shared with the BLM as part of the program, and that MHF does not condone or permit trainers with convictions of animal neglect or abuse from being part of the program.

According to the Mustang Heritage Foundation, “Once a home is approved by the BLM, TIP trainers are reimbursed up to $1,000 for their training and marketing efforts.”

Officials with the US Bureau of Land Management (BLM) just outside of Burns did not respond to NW Horse Report’s attempts to seek comment before press time. NW Horse Report is in the process of seeking disclosure directly from the BLM regarding the circumstances behind Wells’ suspension as a TIP trainer.

Following the original publication, NW Horse Report received a comment from the Oregon Humane Society regarding the seizure that took place last month.

“The horses from this case are getting the care they need thanks to a concerned citizen who called Oregon Humane Society,” says Chris Allori, OHS Chief of Humane Law Enforcement.

“Everyone can play a part in protecting animals from neglect and abuse – if you see something, say something.”

Wells is also reportedly the founder of one of the more popular equestrian Facebook groups used by Oregon equestrians called “Horse Boarding of Oregon”. Sometime after the recent seizure of her horses, Wells was no longer a member or even an admin of the group, having been removed by one of the other admins.

The only remaining admin says he was added as an admin sometime around 2020, and another admin besides him and Wells must have removed themselves.

Multiple sources familiar with Wells told NW Horse Report that she frequently had been using the FB group to find unsuspecting facility owners to also defraud, frequently bouncing between facilities in recent years, a history of also leaving both back-yard horse barns and registered horse facility companies with thousands in unpaid boarding and care bills.

Wells allegedly has several more horses not part of the current charges at a facility called Cindy’s House of Horses, which is owned by an elderly man in Tualatin. Wells allegedly owes that company tens of thousands, along with the facility she abandoned horses leading to the charges. The facility where the horses were recently seized was known as Spot N’ Splashes Ranch, located just outside of Colton, Oregon.

The owner of that facility, Carena Bolton, spoke to NW Horse Report and detailed how Wells brought in the horses and that their facility did not have an opportunity to see their condition prior to their arrival in early January.

“They were really really bad, and the boarders were concerned,” she said.

Bolton ultimately expressed that she then suspected the company probably wouldn’t get paid, but that they cared about the horses.

“I did expect her to move in and not pay,” Bolton remarked, further saying, “I don’t particularly care about the person, but I care about the horses.”

She then went on to detail the issues with Wells not coming out to provide the necessary care for her horses, leaving it to them while incurring increasing labor and other costs for the “one-off” and daily services, explaining that Wells did not set up to pay and receive full care.

“We also had to pay for a farrier to trim their feet,” going on to explain how overgrown their hooves were upon Wells dropping the horses off.

Bolton expressed that they almost immediately informed Wells about a farrier who had a regularly scheduled visit, but that Wells never made any effort to make the arrangements.

The criminal investigation was prompted after reports from concerned boarders at Spot N Splashes Ranch, although the facility stated the horses were slowly improving under their care while Wells remained absent.

A photo showing one of the horses allegedly abandoned and neglected by Michael Wells. (Photo Courtesy of Oregon Humane Society)

Those reports reached investigators with the Oregon Humane Society (OHS) whose special agents from the agency, along with support from 501(c)(3) horse rescue Sound Equine Options, then moved in on March 7th to seize the horses after securing a warrant.

SEO’s Executive Director Kim Mosiman told NW Horse Report, “SEO was asked to help assist with the handling, hauling, care, and housing of the 4 horses. All horses are gaining weight, receiving basic medical care, and gaining energy.”

The non-profit organization frequently assists law enforcement throughout Oregon and southwest Washington on equine neglect cases.

Spot N Splashes stated they fully cooperated with and allowed agents access to the property in order to investigate prior to the warrant used to seize the animals.

Attempts to reach Wells for comment were unsuccessful prior to press time– her last known number which was also used for her business was disconnected and no longer in service.

According to an order from Wells’ arraignment last Monday, she is due to appear back in Clackamas County Court on May 24th at 10am.

This is a story you can count on NW Horse Report to keep you updated on as it progresses.

Disgraced equestrian Rich Fellers expected to take plea deal in sex abuse case, wife files for divorce

Portland, Ore. – Internationally known Olympic Equestrian Rich Fellers is expected to take a plea deal as part of a global settlement with both State and Federal prosecutors– according to court documents and records obtained by NW Horse Report.

Fellers was the 2012 Rolex/FEI World Cup Jumping winner for the Olympics.

The discovery, first reported here by NW Horse Report, comes after obtaining audio from a hearing in Fellers’ criminal case where his attorney and a Washington County prosecutor were speaking in court about a proposed global settlement being coordinated with prosecutors for the US Attorney’s Office in Oregon.

Details regarding the plea deal are still unknown. Washington County Deputy District Attorney Rayney Meisel had previously spoken with NW Horse Report but would not comment about any specifics.

Richard Fellers after being arrested in June of 2021 on charges of sex abuse involving his then 17-year-old equestrian student – Photo Credit: Washington County Sheriff’s Office

Meisel did confirm that a resolution and global settlement was underway in coordination with the US Attorney’s Office for the District of Oregon and the defense counsel.

She also expressed that State was hopeful to come to a resolution of the case in a short time, in particular for the victim.

Numerous attempts seeking comment from the US Attorney’s Office in Portland went without response, although it’s standard practice for most US Attorneys to speak solely through their legal fillings.

Fellers has been facing charges in Oregon on four counts of felony sex abuse stemming from an investigation into his sexual relations with a then 17-year-old student. The case also sparked significant attention on Oregon’s Clackamas County equestrian and hunter-jumper community which remains embroiled in scandals.

Former Oregon Congressman Kurt Schrader– who is also an equestrian– recently expressed his disappointment with numerous abuse reports involving Fellers and other equestrian trainers and staffers over the last couple of years.

A trial for Fellers had originally been scheduled for October last year, eventually being delayed several times. It did appear the trial was about to be underway this last month until motions filed shed light on efforts by Fellers to secure a plea deal.

Countless individuals had also relentlessly attacked SafeSport over their investigation, with some going so far as engaging in sometimes relentless personal attacks against Fellers’ victim Maggie Kehring.

A 2022 special “How An Elite Sport Plagued by Sex Abuse Turned on Itself” from Bloomberg Businessweek detailed the divide within the hunter-jumper community on the US Center for SafeSport, as well as background on Kehring’s ordeal.

Maggie Kehring pictured in 2022 detailing her past involvement with her equestrian trainer Richard Fellers to Bloomberg News. (Photo Credit – Bloomberg Businessweek)

While Fellers had not yet been charged by federal prosecutors, past details on the involvement of agents from the FBI in assisting local law enforcement gave clues the disgraced equestrian could also be charged federally.

The investigation into Fellers was prompted after over a dozen reports were made to the US Center for SafeSport about the relationship between Fellers’ and Kehring, which then suspended Fellers in February of 2021 after Kehring eventually consented to the investigation. Fellers was then arrested by detectives from Tualatin Police Department in June of 2021 after SafeSport provided initial details to law enforcement.

Fellers’ son Christopher had also been suspended by the US Center for Safesport for alleged misconduct, reportedly for conduct that was not related to the case against the elder Fellers. The conduct included allegations of an intimate relationship involving a power imbalance; abuse of process; failure to report; and physical misconduct.

NW Horse Report also obtained newly filed court documents filed on Monday that included a petition for dissolution of marriage by Fellers’ wife who has also retained Magolin Family Law.

The heading of the divorce petition filed by Michelle (Shelly) Fellers to end her marriage with her husband and disgraced equestrian champion Richard Fellers.

The petition cited, “Irreconcilable differences between the parties [having] caused the irremediable breakdown of their marriage.”

It was also revealed during the investigation into Fellers that the relationship between him and Kehring was actually uncovered in a quite public spectacle after Fellers’ own wife caught her husband and Kehring during a horseshow in Michigan in 2020.

Shelly Fellers appeared to stand by her husband over the last couple of years throughout the course of the investigation and case against him; to the extent that she also faced allegations that resulted in her 6-year suspension from Safesport for abuse of process, retaliation, and failure to report.

The court documents further confirmed that the Fellers’ have both continued to reside on the property where their business was located, a business which Christopher Fellers’ later took over and changed the name to Genesis Sporthorses.

NW Horse Report could not confirm if other minors continued to train at the property following the elder Fellers’ SafeSport suspension and arrest.

Oregon Secretary of State records however showed Fellers’ wife as the only listed owner of the business by April of 2022.

Attorneys for both the Fellers, as well as Kehring, could not be reached for comment prior to press time. This story will be updated if any statements are released within the coming days.

This is a developing story that you can count on NW Horse Report to keep you updated on.

Updated at 9:38am on 4/1 – A correction was made that the allegations and suspension of Christopher Fellers by SafeSport was for conduct not connected to his father’s case. The error was that it originally said “was” instead of “was not”.

More charges of animal neglect against the couple in Pawsitive K-9 Solutions and dead horse case, US Marshals involved

Grants Pass, Ore. – A couple already facing several dozen criminal charges in connection with a case that started in September of last year have now received new charges in connection with their continued alleged illegal care of numerous animals.

As reported by NW Horse Report days ago, Joseph LaRue, 37, and his wife Danielle Brown (aka Danielle LaRue), 36, were both arrested on Tuesday morning after the execution of a search warrant. Joseph LaRue was already out on bail following his arrest in September at an arraignment hearing. Danielle LaRue continued to be a fugitive from justice with a nationwide extraditable search warrant.

New details have emerged regarding Tuesday’s raid by authorities, including the involvement of federal agents with the US Marshals Service and the original search warrant tied to a stolen John Deer tractor that was on the property.

Photo Courtesy of Josephine County Sheriff’s Office

A later statement from the Josephine County Sheriff’s Office stated, “While executing the search warrant, Deputies located the tractor and also discovered 10 dogs in a garage, some of which were in cages. The living conditions for the dogs did not appear to meet the requirements of ‘providing minimum care’ and a second search warrant was applied for and granted to seize the dogs.”

The statement further indicated the animals were taken into the custody of animal control.

Jason LaRue, 38, was also arrested and as of Thursday morning appeared to have made bail. “While Deputies were still conducting their investigation, Jason Larue, the brother of Joseph Larue, arrived on scene and became hostile. After refusing to leave the property, he was taken into custody for Interfering with a Peace Officer.” said the Sheriff’s Office.

Jason LaRue also allegedly had a confrontation with deputies outside of the Josephine County jail on the day his brother posted bail and was released.

Photos showing the condition of one of the 10 dogs recently seized in the latest development of a case against Joseph LaRue and Danielle Brown of Josephine County – Photos Courtesy of Josephine County Sheriff’s Office

In addition to the original charges stemming from the September case, Joseph LaRue is facing new charges of felony Hindering Prosecution after trying to hide Brown in an attic on Tuesday, along with felony Unauthorized Use of a Vehicle, and two counts of Animal Neglect in the Second Degree.

Joseph LaRue and Danielle Brown remain in custody as of Thursday morning, March 30th. According to court records, Brown’s bail was set at $250,000 which requires $25,000 to be posted for release.

Joseph LaRue’s bail was also raised following his arraignment on Tuesday to $375,000. He was originally out on bail following his September arrest after posting $25,000 which is 10% of his original $250,000 bail.

While JCSO previously only indicated the location was on S Caves Ave in Junction city, the property was identified by NW Horse Report as 230 S Caves Ave in Cave Junction after a follow-up from a tip from a local source. Property records show it is owned by a Vance Watters. It is unclear if Watters was aware of the charges against Brown and LaRue or knew that Brown had an active warrant for her arrest and was residing at the property. He could not be reached for comment.

Details surrounding Brown’s 16-year-old daughter who she had shared custody with her ex-husband and had allegedly been with Brown while she was on the run were also not immediately available. Details surrounding the couple’s own two children were also not available.

Sources familiar with the efforts of the Josephine County Animal Shelter also indicated that while all the animals are receiving plenty of care, the shelter’s “resources have been stretched”. Those interested in helping the shelter can make monetary or needed item donations. Information can be found online at: https://www.jocoshelter.com/donate

This continues to be a developing story that you can count on NW Horse Report to keep you updated on.

Second suspect in Pawsitive K-9 and dead horse case arrested by deputies, husband rearrested for contempt of court

Cave Junction, Ore. – Josephine County Sheriff’s Deputies in Oregon captured a woman who has been a fugitive with a nationwide extraditable warrant since September on a slew of felony criminal charges.

Danielle Brown (aka Danielle LaRue), 36, and her husband, Joseph LaRue, 37, were charged in September of 2022 with a long list of felony charges of animal neglect, fraud, and other crimes, after authorities executed warrants at their business Pawsitive K-9 Solutions in downtown Grants Pass and at a property the couple was renting in Selma, Oregon.

Over a dozen dogs were found severely neglected and abandoned at the business location without food and water. More animals, including a dead horse and another one that was malnourished, were found at the property in Selma.

Joseph LaRue eventually turned himself in to authorities after the couple was on the run for weeks. Danielle LaRue continued to elude authorities, despite saying in a since-deleted public Facebook post in late December that she intended to turn herself into authorities.

Sheriff Dave Daniel spoke to NW Horse Report about the execution of a warrant at a property in Cave Junction Tuesday morning, saying they had received a tip about Brown’s whereabouts. Upon investigation, detectives spotted Joseph LaRue at the property, along with Brown.

While executing the warrant, deputies found LaRue with 10 more dogs on the property in violation of his court-ordered release agreement, prompting them to rearrest LaRue for contempt of court. Daniel said LaRue told detectives that they missed Brown by about 12 hours, however, Brown was then shortly found hiding in an attic at the residence and taken into custody.

LaRue was then also charged with hindering prosecution due to his knowledge of Brown’s whereabouts.

Daniel also told NW Horse Report that detectives were working to obtain a second warrant in order to search a detached garage for more animals believed to be located inside. He also went on to again thank the community and their continued efforts to be the eyes and ears for their deputies and provide tips to investigators on such cases.

According to a source familiar with the case, Brown was being held on a $25,000 bail, while LaRue was being held on a $5,000 bail for the alleged contempt of court. It was not yet known if the couple could face additional charges related to the newly discovered animals and if there were any new issues of neglect.

This is a breaking story that you can count on NW Horse Report to keep you updated on.

Former Congressman Kurt Schrader disappointed by abuse reports among Clackamas County equestrians

Congressman Kurt Schrader was among the first riders out during the 2014 Molalla Buckeroo Trail Ride. – Photo Courtesy of Jim Beseda, Pamplin Media Group

This article was contributed by Raymond Rendlemen, Editor of the Clackamas Review with Pamplin Media Group.

Clackamas, Ore. – In response to allegations in the Clackamas County’s equestrian community, former U.S. Congressman Kurt Schrader said that he was disappointed to hear about recent reports of abuse, but said that the organization he voted to create is doing its job.

About five years ago, Congress passed the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act, giving the U.S. Center for SafeSport, a 501(c)(3) nonprofit, the national authority to resolve abuse and misconduct reports for more than 11 million people who participate in U.S. Olympic and Paralympic programs. As previously reported, all five of the Oregonian equestrians who have been disciplined are from Clackamas County, out of the 62 equestrians nationally who have received suspensions or restrictions since the program began.

Schrader represented Clackamas County in Congress from 2009-2022. Prior to his time at the U.S. Capitol, he served in the Oregon Legislature while working as a veterinarian.

Schrader said he’s now splitting his time during retirement between his wife’s residence in Maryland and his house in Canby, where he still keeps horses. He plans to remain at least a part-time resident of Clackamas County for the rest of his life.

Schrader told Pamplin Media Group that his veterinary practice saw a lot of horses, but he never witnessed anything that led him to suspect coaches of abusing their equestrian athletes. He said that he would spend only a few hours visiting each barnyard and was focused on healing the animals.

Pamplin Media Group edited the following interview for brevity:

How did you draw on your experience as a Clackamas County veterinarian in supporting the SafeSport legislation?

Clackamas County had more equestrians per capita than any other county in the state of Oregon. I don’t know if that’s still true, but in my veterinary career, that was the case. Most of the time, it was young women who were getting into equestrian sports.

As the father of several young women, I thought it was a great opportunity for families, and sometimes single moms, to get their daughter involved in what we thought was a very safe, pure activity where they learned responsibility and didn’t end up wandering off into drugs or abusive boyfriends, but they may have wandered off into a different spot from what we’re hearing now. But the goal, I thought, for a lot of these parents was to get their children involved in a very good, safe activity.

I was most impressed with the single moms who would spend money to take care of their daughter’s horses, and they would do that for the sake of their daughter. That was a great opportunity to get kids, what I thought, on the right track, but to have this shadow lingering in the background is really, really disappointing to hear.

What would you tell young women or parents thinking about entering their teenage daughters in equestrian sports?

I’d try to be positive and say to know your power as an athlete. You have rights and privileges, just like any athlete, male or female, codified by the United States Congress. Sport authorities are on notice now that they have to treat everyone fairly and equally, with no shade of abuse whatsoever, or they will be held to account. This is the 21st century. Enjoy what you should be able to enjoy and know that it’s going to be safe going forward.

What do you remember about the situation that led you and other members of Congress at the time to support SafeSport legislation?

It seems self-evident that when some of the women from the U.S. gymnastics team were willing to come forward and talk about how they suffered both physically and mentally at the hands of their abusers, and to find that out got Congress’ attention. Abuse against the U.S. women’s soccer team also had a lot of concerns and scrutiny. You’ve done a good job covering the alleged abuse in the equestrian industry. It’s sad. It should not be that pervasive, but women who come forward should feel safe coming forward, and the goal of the legislation was to provide at least a little bit of a safe place for women to come forward and talk about their experiences.

We’re seeing it now on the political scale, certainly one of our former presidents is in the crosshairs of that sort of potential abuse of power.

What is your take on the various investigations targeting the former president?

He’s the reason the Jan. 6 insurrection occurred. His manipulation of the ballot boxes in Atlanta was totally illegal. I don’t know if the payoff of Stormy Daniels was illegal, but it certainly should be criminally prosecuted, and to try to force the Georgia election officials to change the vote count was certainly illegal and potentially treasonous. I’m looking forward to seeing some measure of justice against the former president.

The original article from the Clackamas Review can be viewed here: https://www.clackamasreview.com/news/former-congressman-kurt-schrader-disappointed-by-abuse-reports-among-clackamas-county-equestrians/article_00826b6e-c9b8-11ed-95c9-8791d68d182c.html

Eugene Horse Auction defrauded buyers with improper “surcharges”, attempted coverup by editing website terms

Edited at 5:06pm on 3/22 to reflect the discovery that Eugene Horse Auction again edited the Terms page for several of their auctions back to the original terms that matched with the other auctions and their primary auction terms page after original publication. The owner of Eugene Horse Auction makes a statement to NW Horse Report following publication.

Junction City, Ore. – A horse and livestock auction house in Oregon was recently found to have assessed surcharge “fees” on debit and credit card transactions for buyers over years despite the practice being a violation of Visa & Mastercard Merchant Rules, as well as being illegal in some of the states the company allowed bidders from including California. The fees potentially amount to tens if not hundreds of thousands of dollars from consumers who made auction purchases.

The revelations were uncovered in the midst of recent scrutiny on social media involving the Rafter B Livestock, Inc. dba Eugene Livestock Auction and Eugene Horse Auction (ELA), and one of its frequent sellers, Roy Crosson of Oklahoma, over the auction sale of a horse with an undisclosed and life-threatening medical issue to a woman in California. NW Horse Report will have more details in a follow-up story about the horse.

Despite having generally positive experiences as a buyer in the past, Kandra Aguilar, the woman who purchased the horse at the center of the scrutiny had also realized the surcharge fees charged during the past sales of two horses in 2022 and the recent horse just over a week ago, were improper.

Aguilar then requested the fees charged to her Visa debit card– which according to receipts totaled $268.80– be refunded to her by ELA. Aguilar pointed ELA to both California law as well as rules for Visa merchants which prohibit the practice. The receipts also clearly stated it was a “surcharge”.

An official with ELA responded by saying “It is not a % surcharge, there is a 3% buyers fee which is waived when cash or business checks are used as payments.”

Following this email response to Aguilar, NW Horse Report noticed that the terms written on the two most recent auction ads were suddenly changed to the new language of “buyers fee” referenced in the email.

Prior to Aguilar’s request, NW Horse Report had already documented the original language after speaking with her and other former buyers which clearly references the “processing fee” and “surcharge”, confirming that ELA officials promptly edited the terms after Aguilar emailed them.

A screenshot of the evening of March 21st of the edited terms on the February 10th Horse Auction by Eugene Horse Auction following a customer’s request for a refund of the illegal surcharge. The terms for the upcoming April, as well as the now past March and February terms which were edited after the fact, based on screenshots from multiple consumers and NW Horse Report which originally showed the

A link to the main Terms page was no longer on the ELA website, but by using a direct URL to the page NW Horse Report was able to find the original terms. As of the original publication, most of the past auction pages still showed the original language along with the main terms page, most of which have now been documented.

Aguilar also provided copies of her 2022 and recent 2023 receipts with ELA that also clearly indicated the 3% “surcharge”.

An attorney familiar with illegal surcharges and violations of the payment card network rules, who spoke only on the condition of anonymity, stated that the change in terminology is likely to still be viewed as semantics, explaining it was still a fee that is added and not a true “cash discount” from the actual price charged to the customer. It must be reflected as a discount, and simply removing a fee is not a discount.

The sudden website edits by ELA officials further raise serious questions on blatant efforts to cover up the improper fees that have been charged to consumers. The original language included, “We accept cash, credit or debit card (3% surcharge for debit or credit)” and “CREDIT CARD PURCHASES: An additional 3% processing fee will be charged for all card payments. We accept: Visa, Master Card and Discover.”

The Eugene Horse Auction had not yet edited all of the terms pages by Wednesday, March 22nd, 2023, showing the original terms as also seen on their primary main terms page for their recent end-of-year 2022 auction.

The original terms also stated in the “Payment” section, “There is an additional 3% fee to use any card. Payments accepted are credit/debit card and cash.”

NW Horse Report then discovered that following the original publication of this story on March 22nd, the three edited Terms pages for the last three auctions were then edited back to the original form. The edited “buyers fee” term language can still be seen in one of the above-included screenshots obtained by NW Horse Report.

According to Visa, “The ability to surcharge only applies to credit card purchases, and only under certain conditions. U.S. merchants cannot surcharge debit card or prepaid card purchases.”

A 2013 ruling as part of the Payment Card Interchange Fee Settlement allowed merchants to begin charging a surcharge where not prohibited by State law, but only with credit cards and not debit cards, and only in specific circumstances.

This included that merchants must first notify Visa or Mastercard and their acquirer of their intent to surcharge at least 30 days prior to implementing surcharging. Fees were also not allowed on debit cards even when “credit” was selected at a point-of-sale terminal.

The PCIFS ruling allowing merchants limited means to apply surcharges only on credit cards was almost entirely affirmed last week by the US Court of Appeals for the Second Circuit, but the affirmed ruling still had no impact on past and future transactions involving debit cards.

According to Mastercard, “For merchants who choose to impose a brand level surcharge [on credit cards], a merchant may only surcharge a Mastercard cardholder at the lesser of the merchant’s average effective merchant discount rate that the merchant pays its acquirer for Mastercard credit acceptance or the Maximum Surcharge Cap,”

That means that the surcharge could not exceed the percentage paid by the Merchant, and it’s possible that ELA’s acquirer rate is less than the 3% they are changing. The most common industry rate is 2.22% according to the Nilson Report.

It was not clear if ELA had made the application to Visa or Mastercard and their acquirer service, but had ELA made such an application, the fees charged to auction buyers using debit cards would still have been improper. A spokesperson with Mastercard spoke to NW Horse Report early Wednesday and was in the process of looking into the matter and following up with further comments.

If the company did not meet the requirements for credit card surcharges, then consumers who paid with a credit card could be in the same situation as those who paid with a debit card.

An office manager for ELA, who for the second time in several days informed NW Horse Report that they would pass our requests for comment on multiple matters to the owners, did promptly say when asked about the fees in violation of Visa, “we’re in compliance with the Visa & Mastercard services, we have someone who handles that.” said their office manager. They also referred to the surcharge as a “buyers fee”.

The office manager went on to explain that the “someone” was their payment processing service. However, simply using a payment processor (acquirer) does not inherently make such transactions compliant. The official at ELA promptly ended the call after the brief statement and NW Horse Report did not receive any return calls from the owners prior to press time.

ELA’s owners have not spoken on NW Horse Report for nearly a year after it was uncovered last year that a now former employee of ELA who was also the Vice President of the 501(c)(3) MG Equine Rescue, Tania Herring, was convicted of multiple counts of animal neglect. NW Horse Report had also recently uncovered that Herring was violating her probation by being in the care of about two dozen horses at a secret property outside Yakima, Washington. She is due back in court next month after having denied the State’s claim of the probation violation.

Herring reportedly received referrals as an independent contractor to conduct livestock transports for ELA, as well as working in an employee capacity as an “auction clerk”, all while she was forbidden under her court-issued release agreement from being in the possession of animals.

Hours after the original publication of this story, owner of the ELA Leon Birky returned calls from NW Horse Report seeking comment. Birky expressed his disagreement based on the basis that buyers had ultimately agreed to the terms.

In referring to this original story, Birky implied his attorney would also be contacting NW Horse Report and taking legal action, “By making that statement it’s defamation and libel.”

Birky went on to say, “I’m going to turn it over to my lawyer tomorrow and I’ll have him take care of it.”

“When they sign-up for a buyers number they need to read the terms and conditions, it specifically says in there they will be charged a 3% fee if they choose to use a credit card, so that’s why people get charged for that,” Birky also remarked.

Birky avoided the question when asked if he felt that allowed the company to circumvent the rules outlined by Visa & Mastercard that protect consumers, as well as California law prohibiting such charges when they conducted transactions with buyers in that state.

“I really don’t know about that,” said Birky.

While Birky also explained that he felt it was not specifically illegal in Oregon, he continued to avoid questions about the issue being a violation of the Visa & Mastercard rules to protect consumers. He also wouldn’t confirm if he had submitted the required application with Visa or Mastercard required to apply surcharges for credit card transactions.

Birky also wouldn’t respond when asked about Aguilar’s claims and the fact she used a Visa debit card which would not be exempted in either case, except to say she agreed to their terms.

While Oregon was not one of the states with a law that specifically makes surcharges illegal, the attorney who spoke to NW Horse Report further said that the practice could also be viewed as a violation of Oregon’s “Unfair Trade Practices Act”, as consumers would have a clear expectation as part of the payment card networks– like Visa and Mastercard– for merchants to follow the rules.

“Consumers absolutely have an expectation that the other members of the card networks, which includes merchants, are following the rules outlined for conducting transactions with and to protect consumers.” said the expert attorney.

“They have a duty to the consumer to follow the rules of the payment card network, even if the practice is not prohibited by law in their respective state.”

Another attorney who retired from practicing law in Oregon summarized in a 2016 article the following requirements related to surcharges:

  1. Inform Visa and MasterCard before you begin surcharging.
  2. Show the surcharge as a separate item on all transaction receipts.
  3. Display prominent signage at checkout advertising surcharge fees.
  4. Apply surcharges only to credit card purchases – you cannot legally add a surcharge to a pre-paid card or debit card (even if you run it as a credit card transaction).
  5. Limit surcharges to transactions in the domestic United States and US territories.
  6. Verify surcharges are not prohibited by law.

It appears that ELA also accepted Discover payments through its payment system, according to its own Terms.

The limits set out under the PCIFS are also separate from the Dodd-Frank Wall Street Reform and Consumer Protection Act which has also allowed merchants to impose a minimum of $10 on credit card transactions, but like the PCIFS it does not apply to debit cards.

According to the National Merchants Association which is an advocacy organization for merchants, “If you are one of the many merchants charging your patrons a surcharge for using a credit card, you may be exposing your business to hefty fines and penalties if you’re not following the appropriate guidelines.”

Many Oregon consumers may also recall the $66 Million class-action settlement against ARCO-AM/PM gas stations in 2014 for charging a surcharge on debit-card transactions for years.

In addition to being a violation of banking agreements and Visa & Mastercard merchant requirements, 10 states specifically make surcharging illegal, which likely apply to consumers in those states that the ELA permits to bid and pay remotely online. This includes California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma, and Texas.

A rules FAQ for Visa merchants can be located here: https://usa.visa.com/dam/VCOM/download/merchants/surcharging-faq-by-merchants.pdf

A copy of the original terms as of mid-day on March 22nd from the ELA website can be viewed by clicking here.

It is unclear how many consumers have attempted to contest the surcharges charged by ELA. The Eugene Horse Auction had also recently announced it would be shutting down its monthly operations after the April auction, but it is unlikely that decision is connected to this new discovery. It also did not appear to be a full closure of the entire Eugene Livestock Auction operation, just the monthly dedicated horse auction.

Consumers can also file reports with Visa related to improper surcharges online at: https://usa.visa.com/Forms/visa-rules.html

A direct online report form for Mastercard was not found.

This is a developing story that we will keep you updated on as we learn more.


You can always count on NW Horse Report to bring you the latest stories and investigations on matters related to consumer protection for equestrians. If you have a news tip be sure to email us at news@nwhorsereport.com or message us on Facebook.

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Vandals damage Lane County Sheriff Mounted Posse’s Mt. Pisgah horse arena facility

Eugene, Ore. – On Wednesday, the Lane County Sheriff’s Office reported that the horse area used by its mounted posse, which is a non-profit 501(c)(3) organization comprised of volunteer equestrians, was targeted by vandals.

The discovery was said to be a significant “disappointment” to the Posse’s members.

“The vandals used spray paint to write hateful rhetoric designed to slander police on Sheriff’s Mounted Posse signs and storage containers. Damage is estimated to be over $1,000.” said the Lane County Sheriff’s Office on Facebook.

The Lane County Sheriff’s Mounted Posse is a non-profit 501(c)(3) group made up entirely of volunteers. This group donates their time and animals to serve our county in many ways. Not only does this group provide a space for equestrians to ride and improve their horsemanship skills, but they regularly donate the funds that they raise to other community organizations.

The Sheriff’s Mounted Posse also provides a vital service to it’s local community in times of emergency. During the Holiday Farm Fire and Cedar Creek Fire, Sheriff’s Mounted Posse members volunteered their vehicles and expertise to transport the animals of evacuated residents that had no means to quickly move animals to safety.

The Lane County Sheriff’s Posse is accepting applications for adult and youth auxiliary members.

For more information on how to apply contact Sgt. Levi McKenny at levi.mckenny@lanecountyor.gov or visit the website at Lane County Sheriff’s Mounted Posse – Lane County.

Anyone with information about the vandalism is asked to contact the Lane County Sheriff’s Office at 541-682-4150 opt. 1.