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Breakthru Beverage & Empire Merchants get nasty double whammy with fraud lawsuit & Trump casino bankruptcy clawback

New York’s largest distributor Empire Merchants and its co-owner Breakthru Beverage Group, have been hit with double whammies that include internecine fraud charges and an unanticipated problem resulting from the Trump Casino bankruptcies. Empire is the largest distributor in NY, doing about $1.9 billion in 2015, according to Shanken’s Impact Newsletter.   The September double […]

These 5 things might have prevented this NBA star from losing $20 million investing with Charles Banks

When now-retired NBA superstar Tim Duncan met investment and winery financier superstar Charles Augustus Banks IV back in 1997, neither man anticipated that their relationship would wind up in a series of lawsuits, legal actions, a federal indictment and litigation by the Securities and exchange commission. Ironically, it was a fax sent by Banks to […]

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Feds indict former Screaming Eagle owner Charles Banks, allege wire fraud.

News article: Adviser accused of bilking Tim Duncan indicted Government documents Banks DOJ Indictment (for premium subscribers) Banks SEC Complaint (for premium subscribers)  

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U.S. Wine Retailers & Drinkers to Feel Little Holiday Pain from Hanjin Bankruptcy

In contrast to the abject fears of cell phone, toy and computer retailers, drinkers of imported wine and their favorite stores are unlikely to feel any noticeable holiday pain from the insolvency of South Korean-based Hanjin shipping lines. What’s more, the bankruptcy is also likely to have little effect on U.S. wine exports.     […]

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9th Circuit To Weigh Validity Of CWA ‘Significant Nexus’ Jurisdiction Test >>>> Duarte lawsuit prompts Federal Appeals Court Review of Key Clean Water Act Test

NOTE: the following article updates events contained in Wine Industry Insight’s special five article series that ran this week. Dire consequences face every farmer & landowner who fails to grasp the vast and vague regulation of the Clean Water Act Clean Water Act Permits: Expensive, time-consuming, uncertain Ag exemptions to the CWA in law and […]

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Clean Water Act Permits: Expensive, time-consuming, uncertain

By Lewis Perdue There is no nationwide land parcel registry or map that specifies whether a given field or plot of land is part of the Waters of the United States (WOTUS). Because land does not have to have water on it to be part of WOTUS, the process can be confusing. (See: Trying To […]

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Ag exemptions to the CWA law and as interpreted by Courts, EPA & Army Corps of Engineers

By Lewis Perdue Many activities within an area designated as part of the Waters of the United States (WOTUS) require a permit from the Corps of Engineers. However, the Clean Water Act specified a number of farming exemptions.   One of the basic issues for farmers is to determine whether they need an exemption at […]

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How does soil become a pollutant? And a plow a “point source” of pollution?

By Lewis Perdue CWA Violation On its face, the Clean Water Act (CWA) is very clear that a violation consists of: The discharge of, A pollutant into, Waters of the United States. Permits and Exemptions Legalize Pollution The CWA does legalize a regulated amount of pollution in two cases: If a permit is first obtained […]

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Supreme Court’s “Nexus” author expresses second thoughts

By Lewis Perdue The Rapanos v. United States decision — which currently dominates debate about federal jurisdiction and enforcement actions — acknowledges that even the Supreme Court has not been able to figure out definitively how to define many provisions under the Clean Water Act (CWA) such as whether a dry stream bed or land […]

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Wine Industry Insight to launch major series on dire consequences of Clean Water Act enforcement confronting every U.S. property owner with special implications for ag

Introduction This preview introduces a special series of articles that will begin Monday, August 29.   The articles examine the often unclear issues, vague enforcement standards and their frequently expensive and dire consequences for farmers, other land owners and the environment.   The articles — with extensive documentation and links to regulations, laws, court casees […]

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