North Dakota potato farmer accused of lying about crop insurance gets 10-year ban program, avoids prison

North Dakota potato farmer accused of lying about crop insurance gets 10-year ban program, avoids prison

FARGO — A Red River Valley farmer accused of lying to the government about his failed potato crops has avoided prison despite being banned from the federal crop insurance program for a decade.

North Dakota U.S. District Judge Peter Welt sentenced Darren Thronson, 59, of Buxton, to one year of supervised probation last week in Fargo. Tronson, who owns DL Farms, previously agreed to plead guilty to concealing a material fact.

This means he did not follow NAU Country Insurance Co.’s recommendations. to use a soil fertility plan to determine how much fertilizer to apply to his potatoes and to talk to an agricultural expert about his 2019 potato crop, according to a criminal complaint. He then hid the fact that he didn’t follow his crop insurance company’s suggestions when he filed a federal claim for losses that year.

Tronson claims he lost $540,142 worth of crops in 2019 due to rain, according to a plea agreement. NAU denied coverage for approximately 50 percent of that claim, according to court documents.

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He faced up to five years in prison for the felony charge.

A grand jury initially indicted the fifth-generation farmer on three counts of making false statements to influence the USDA’s Risk Management Agency. Those charges alleged he lied to the USDA about his failed crops in 2017 and 2018.

The Department of Agriculture suspended Tronson from the federal crop insurance program, alleging that the farmer did not follow good agricultural practices during those years and blamed weather conditions for his poor yields, the indictment said. In 2017, his crop yielded 20 quintals, or cwt, per acre in Grand Forks County, while other farmers produced more than 300 cwt, according to the indictment.

The following year, he produced 60 cwt of potatoes per acre, when other growers averaged 229 cwt per acre, according to court documents.

Since 2000, the federal Crop Insurance Program has paid Tronson $5.7 million, the indictment said.

Tronson had filed a lawsuit against the USDA in an attempt to overturn his suspension from the crop insurance program. His civil lawyer, Michel Donarski, previously told the Forum that the government was trying to force him out of farming.

The USDA does not require farmers to hire a consultant or soil test to qualify for crop insurance, she said, alleging the suspension and criminal charges are retaliation.

Tronson settled the civil case out of court, which required him to pay $10,000 in restitution and agree to a voluntary ban from participating in federal programs for 10 years, which began on Jan. 1, 2023, according to the U.S. Attorney’s Office in North Dakota.

The indictment was dismissed after Tronson pleaded guilty to the evasion charge. Assistant U.S. Attorney Matthew Greenlee acknowledged that 2019 was a tough year for farmers, but said Thronson’s actions defrauded the federal crop insurance program and raised rates for fellow farmers.

Greenlee recommended three years of probation, but no jail time.

“The crop insurance program is based on trust for better or worse,” Greenlee said, adding that the USDA cannot monitor every field in the country.

Tronson did not heed NAU’s recommendations because he believed his farming practices were sound and based on years of experience, said his defense attorney, Drew Hushka. Hushka agreed to no jail time, but suggested his client also not receive probation.

When asked if he had anything to say, Tronson said he, his attorney and the USDA have reviewed the case carefully, adding that “all the facts are here.”

Buxton is about 20 miles south of Grand Forks.

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