Settlement FAQs

is corn seed settlement legit

by Dr. Sebastian Hahn Published 2 years ago Updated 2 years ago
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By Peggy Kirk Hall, Associate Professor and Director, OSU Agricultural & Resource Law Program Those post cards advising producers of a $1.51 billion settlement in the Syngenta

Syngenta

Syngenta AG is a global company that produces agrochemicals and seeds and is based in Basel, Switzerland. As a biotechnology company, it conducts genomic research. It was formed in 2000 by the merger of Novartis Agribusiness and Zeneca Agrochemicals. As of 2014 Syngenta is t…

corn seed lawsuits are legitimate, and corn producers seeking compensation from the settlement must file claims by 11:59 p.m. on October 12, 2018.

Full Answer

When can I file a Syngenta corn settlement?

Syngenta Corn Settlement: Check Your Mail, Claim Filing Deadline in October – DTN. Farmers and others who plan to file claims related to the Syngenta corn settlement are expected to begin receiving official notices starting on May 11 and will have until Oct. 12 to file claims.

How many corn seed claims have been paid 2021?

Welcome to the Official Website of the Corn Seed Settlement Program. 9/2/2021 PROGRAM UPDATE – STATUS OF CLAIMS PAYMENTS As of August 19, 2021, the Settlement Program has fully paid over 99% of the 191,249 claims which are eligible for payment.

Are Syngenta’s $1 billion settlement post cards legit?

Those post cards advising producers of a $1.51 billion settlement in the Syngenta corn seed lawsuits are legitimate, and corn producers seeking compensation from the settlement must file claims by 11:59 p.m. on October 12, 2018.

How do I file a corn seed settlement?

How to file a claim? File electronically through a secure, encrypted portal at www.CornSeedSettlement.com or download a printed form on the same website to file via U.S. mail. Claimants must file using either a federal tax ID number or social security number and must file a separate claim for each Form 578 filed with FSA.

Who is considered a corn producer?

What is the settlement for Syngenta?

How to file a 578 FSA?

Do you report class action settlements on taxes?

About this website

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Who is considered a corn producer?

Corn producers, which includes any owner, operator, landlord or tenant who shared in the risk of producing any variety of corn, not just Syngenta varieties. Landlords who operated under fixed cash leases are not eligible.

What is the settlement for Syngenta?

on October 12, 2018. The settlement is the result of class action and individual lawsuits alleging that Syngenta failed to receive import approval from China before selling its genetically modified Viptera and Duracade seeds in the United States, which led to the rejection of U.S. corn shipments and a lowering of corn prices from 2013 to 2018.

How to file a 578 FSA?

mail. Claimants must file using either a federal tax ID number or social security number and must file a separate claim for each Form 578 filed with FSA. Note that the settlement claims administrator states that all claims information is confidential and will be destroyed after the payment of claims.

Do you report class action settlements on taxes?

Class action settlement payments that compensate for the loss of business income should be reported for tax purposes. Claimants should consult with tax advisors to determine IRS reporting requirements.

Where to send W-9 to corn seed settlement?

They may do so in one of two ways: (1) go to www.CornSeedSettlement.com and click SUBMIT MY W-9 FORM, or (2) complete the W-9 form included in the NOD, and mail it to: Corn Seed Settlement Program Claims Administrator, P.O. Box 26226, Richmond, Virginia 23260. There is no deadline to submit your IRS W-9 form, but until you do, you won’t be paid.

When did Syngenta launch genetically modified corn?

This week we received some very good news for corn farmers nationwide who suffered price losses associated with the botched launch of genetically-modified corn seed by Syngenta in 2013. On January 3, 2020, the U.S. District Court for the District of Kansas in Kansas City approved a $1.5 billion settlement to compensate thousands of farmers for their losses.

How much do you have to pay for corn seed appeal?

Yes. If you choose to appeal, you must pay an Appeal Fee of $500. This Appeal Fee will be refunded unless the Special Master determines, within her sole discretion, that the Appeal is improperly filed or baseless. If you are submitting your Appeal Form on your Portal, you may pay by credit card or by check payable to Corn Seed Settlement Program Appeals. If you are submitting your Appeal Form by mail or delivery, you must pay by check payable to “Corn Seed Settlement Program Appeals”.

How to appeal cornseed?

Accessing your Portal is simple and only requires your Claimant ID and your Social Security Number or Taxpayer Identification Number. After you have logged on, you must first review the Appealable Notice which you want to appeal. After reviewing the Appealable Notice, click “Appeal” to access the appeal screen. If you are unable to appeal on your Portal, you may complete the Appeal Form that is attached to your notice and return it to us by mail or delivery on or before the Appeal Deadline shown at the top of your Appealable Notice.

What is the FSA 578?

The Court has approved the use of FSA 578 and RMA (crop insurance) information to substantiate claims for settlement payments. This information will be used to determine your Compensable Bushels but will be kept confidential by the Claims Administrator and used only for purposes of this Settlement.

What to do if you don't want to be included in a settlement?

If you are an Ethanol Production Facility and do not want to be included in the settlement, you must send a written Opt-Out Request to the Claims Administrator that includes the following:

What happens if you don't sue Syngenta?

It also means that all of the Court’s orders relating to this Settlement will apply to you and legally bind you . Even if you do not submit a claim to get paid, you will give up your claims against Syngenta and be bound by the Court’s orders. You must submit a Claim Form to get paid.

When will the Claims Administrator start issuing final payments?

The Claims Administrator will begin issuing final payments on a rolling basis beginning on December 30, 2020 and will continue on a rolling basis to claims as they satisfy the requirements for final payments.

Can a landlord claim a share of the corn crop?

Yes, a landlord who shares in the risk of producing Corn or the pricing of Corn and who is entitled to share in the Corn crop or proceeds from the sale of the Corn crop available for marketing between September 15, 2013 and April 10, 2018 is eligible to participate in the Settlement. A landlord who receives a variable rent payable based on a share of the Corn crop or proceeds from the sale of Corn can participate in the Settlement. A landlord who receives only a fixed cash amount for renting the land that does not vary with the size of, or pricing for, the Corn crop cannot participate in the Settlement unless that fixed cash amount is tied to the price of Corn. If you claim as a landlord based on a fixed cash amount tied to the price of corn, you will have to provide proof of such an agreement with a Producer.

How much is Syngenta's settlement?

The U.S. District Court for the District of Kansas in Kansas City granted preliminary approval of a $1.51 billion settlement from a lawsuit filed following Syngenta’s release of Agrisure Viptera and Agrisure Duracade MIR162 corn traits.

When is Syngenta's final payment due?

The final $1.1 billion is due either by April 1, 2019, or 30 days after the court’s final approval order, whichever comes later. Payouts will not begin until the total funds are deposited and the court approves the final settlement, likely more than one year from now.

Can a landlord with fixed cash rents participate in a crop share settlement?

Landlords with fixed cash rents are not eligible.

Does Syngenta sell corn?

Plaintiffs in the case allege Syngenta sold corn with Agrisure Viptera and Duracade traits prior to those traits receiving import approvals in several countries , including China. China claims it found and rejected corn shipments containing the traits, which plaintiffs say led to lower corn prices.

How much is the settlement for the corn farmers?

In late 2018, the court approved the settlement for $1.51 billion. The settlement includes all U.S. corn farmers, including those who opted out of the original class-action suit and those who grew Agrisure Duracade and Agrisure Viptera.

What is going on with the settlement right now?

Several individual attorneys are currently appealing the final order , arguing that the judge did not have the authority to invalidate the contingent fee agreements. At the same time, other appeals are ongoing from class members who feel the final settlement is not fair.

What led to this settlement?

In 2010, Syngenta was approved to begin selling seeds containing the MIR162 genetic event . Syngenta started selling the MIR162 in 2011 in Agrisure Duracade and Agrisure Viptera corn varieties. The Chinese government had yet to approve MIR162, but in 2013 MIR162 appeared in shipments to China.

What happened to producers who did not grow the MIR162 genetic event?

Producers who did not grow the MIR162 genetic event began to file lawsuits against Syngenta. A judicial panel combined the lawsuits into one federal district court case, and in late 2016 the court granted class certification for nine classes of producers. Syngenta eventually agreed to a settlement in 2018.

When did Syngenta start selling Mir162 seeds?

In 2010, Syngenta was approved to begin selling seeds containing the MIR162 genetic event. Syngenta started selling the MIR162 in 2011 in Agrisure Duracade and Agrisure Viptera corn varieties. The Chinese government had yet to approve MIR162, but in 2013 MIR162 appeared in shipments to China.

Is settlement a guess?

With too many unknowns currently, any estimate on a settlement amount is a guess.

Who is considered a corn producer?

Corn producers, which includes any owner, operator, landlord or tenant who shared in the risk of producing any variety of corn, not just Syngenta varieties. Landlords who operated under fixed cash leases are not eligible.

What is the settlement for Syngenta?

on October 12, 2018. The settlement is the result of class action and individual lawsuits alleging that Syngenta failed to receive import approval from China before selling its genetically modified Viptera and Duracade seeds in the United States, which led to the rejection of U.S. corn shipments and a lowering of corn prices from 2013 to 2018.

How to file a 578 FSA?

mail. Claimants must file using either a federal tax ID number or social security number and must file a separate claim for each Form 578 filed with FSA. Note that the settlement claims administrator states that all claims information is confidential and will be destroyed after the payment of claims.

Do you report class action settlements on taxes?

Class action settlement payments that compensate for the loss of business income should be reported for tax purposes. Claimants should consult with tax advisors to determine IRS reporting requirements.

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Who Can File A Claim?

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Three types of claimants that were involved in the U.S. corn market between September 15, 2013 and April 10, 2018 may file claims: 1. Corn producers, which includes any owner, operator, landlord or tenant who shared in the risk of producing any variety of corn, not just Syngenta varieties. Landlords who operated under fix…
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How to File A Claim?

  • File electronically through a secure, encrypted portal hereor download a printed form on the same website to file via U.S. mail. Claimants must file using either a federal tax ID number or social security number and must file a separate claim for each Form 578 filed with FSA. Note that the settlement claims administrator states that all claims information is confidential and will be des…
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How Much Will A Claimant receive?

  • Payments will vary and will depend upon the total number of filed claims. For corn producers, the claims administrator will determine payments based on the following factors: 1. compensable recovery quantity as calculated by number of acres, ownership interest, NASS county yields and predetermined marketing year averages, 2. the year of planting, 3. the producer’s ownership inter…
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When Will Claimants Receive Payments?

  • A claimant might not receive a payment for about a year. A court hearing to approve the settlement will take place in the U.S District Court in Kansas on November 15, 2018. If the court approves the settlement, those who object to the approval can file appeals. Final payments won’t occur until the court resolves all appeals, which could take about a year or more.
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Must Claimants Report Payments as Income?

  • Class action settlement payments that compensate for the loss of business income should be reported for tax purposes. Claimants should consult with tax advisors to determine IRS reporting requirements. For more information, an extensive list of frequently asked questions about the Syngenta corn seed settlement is available here.
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