While prospects for insolvency have captured the attention of those following the W. J. Deutsch's lawsuit against Ascentia Wine Estates (AWE), the process has unleashed a series of  corporate mismanagement allegations against  CEO Jim DeBonis.

"Eight Estates [a former name for AWE] may or may not be insolvent in a purely technical sense," said one source associated with the process. "But there is no denying that it has serious sales and financial problems, most of which result from executive mismanagement. That said, the company's only way out of its financial jam may be to file Chapter 11 in order to force debtors to restructure its debt."

That source, along with 17 others interviewed by Wine Industry Insight, spoke only upon a guarantee of confidentiality, some because they were not authorized to speak with the media and others fearful of  "blowback."

"This is messy and going to get a lot messier before it's over," explained one source. "There will be collateral damage. People are going to get shot in the crossfire."

ALL SOURCES GIVEN OPPORTUNITY TO CORRECT & COMMENT

On Sunday evening, Wine Industry Insight emailed a draft of this article to DeBonis, Peter Deutsch and to all sources requesting corrections and additions by noon Monday. While not a standard WII practice, the shortcomings inherent in articles that rely heavily on unnamed sources demand an extra effort to insure a fair, accurate, complete and contextually accurate article.

Information from anonymous sources is never used by Wine Industry Insider unless it is corroborated by legitimate documents or by two or more independent sources.

Neither Deutsch nor anyone from his organization had any comment.

An email from DeBonis read, "Thanks for the opportunity, you definitely have your facts all wrong. I cannot get back to you by noon, but I will later on."

WIN had not received anything from DeBonis by 4:30 p.m. when this article was sent to subscribers,

In addition to its sources, Wine Industry Insight also relied upon W. J. Deutsch's legal complaint filed in Delaware Chancery Court.

DEUTSCH RAN OUT OF PATIENCE, FILED SUIT

"Bill Deutsch got tired of being ignored," said a source familiar with the controversy. "He felt stonewalled, lied to and believed that his legitimate concerns had been ignored. But you have to remember that he's also in litigation with another investment, Renwood Winery. I think he pulled the legal trigger so quickly on this one because he felt his patience with Renwood had been taken advantage of and he was not going to let that happen again."

"Even though WJD has a 27-percent interest, the rest is in the hands of Jim's allies, with GESD holding a whopping majority," said the source.

Ascentia acquired eight orphan Constellation Brands in June of 2008 as part of the $208,770,900 million deal that created AWE.

In that deal, all of AWE's land and wineries were acquired for $115 million by SBV VinREIT, an LLC operated by Kansas-City-based, Entertainment Properties Trust (NYSE:EPR). All the wineries and vineyards were then leased back to Ascentia.

VIP Subscribers click here to read the complete, un-redacted, 2,617-word original article.

Also In This Article:

The full text of the following sections is available to VIP Premium Subscribers).
  • GESD PROVIDED BULK OF FUNDING, GOT HEFTY FEES
  • GIRAUDO ONLY INVESTOR NOT SUED
  • AGREEMENT KEPT DEUTSCH FROM PROPER DUE DILIGENCE
  • IMPOSSIBLE FOR ASCENTIA TO MAINTAIN PREVIOUS SALES LEVELS
  • DEBONIS SHOULD HAVE KNOWN ABOUT "INFLATED FINANCIAL PROJECTIONS"
  • GESD THREATENED TO SUE IF DEUTSCH INVESTIGATED
  • MEDIA GIVEN WILDLY CONFLICTING ASCENTIA SALES FIGURES
  • ASCENTIA: NO STRATEGIC PLAN + INABILITY TO MOVE QUICKLY
  • DEBONIS NO "FREDDIE FRANZIA"
  • FINANCIAL WOES PROMPTED ATTEMPT TO SELL BUENA VISTA WINERY
  • VINREIT NIXED BUENA VISTA SALE
  • BUENA VISTA "LAME" BRAND HURT POTENTIAL SALE
  • BUENA VISTA NOW MOTHBALLED, HOPING FOR CUSTOM CRUSH
  • BARGAIN BASEMENT SALES OF WINE TO INVESTORS & INSIDERS PROVIDED STOPGAP CASH, DEPLETIONS
  • ASCENTIA TOO "BIG CORPORATE" FOR OWN GOOD
  • TOP EXECS FAILED TO HALT "TOXIC ENVIRONMENT"

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Fed Water Cutoff Could Blunt Obama Stimulus

The U.S. Bureau of Reclamation’s shut off of water to farmers in California’s Central Valley could blunt substantial parts of the Obama stimulus plan by:

  • Raising food prices nationwide,
  • Significantly increasing the estimated $1.15 billion dollars in California drought losses and,
  • Throwing as many as 40,000 more people out of jobs.

The Obama administration said the stimulus would create or save 421,000 in California– some 10 percent of all the total estimate. California has a 9.3 percent unemployment rate, the fourth highest in the nation and the state’s highest in 15 years. California state lost 78,200 jobs in December, the highest in the nation.

FEDERAL WATER TO SHUTOFF MARCH 1

fed-h20-cutoff

The Bureau of Reclamation announced that it would eliminate all shipments to agriculture for at least three weeks beginning March 1 and for longer depending upon how much rain the state receives until the dry season arrives.

This is the first time that water districts north of the Delta (in the Sacramento Valley) (see map) will receive a 0% water allocation. The southern districts have not been cutoff in this manner in more than 15 years.

STATE WATER CUTBACKS COMPOUND THE SITUATION

The California Department of Water Resources (DWR), said that recipients of water from the state of California would be limited to just 15% of their allocations.

According to the DWR, combined state and federal water cutbacks could idle more than 1 million acres of fields, orchards and vineyards. This, according to the DWR, will cause losses of at least $1.15 billion and cost some 40,000 jobs.

The California Department of Food and Agriculture estimates that in 2008 alone, the drought cost California some $308 million.

FARM BUREAU WEIGHS IN ON NATIONWIDE IMPACTS

According to the Fresno County Farm Bureau, “At a time when everyone across the nation is talking about economic stimulus, it is ironic that we are hit with this huge economic suppressant when Fresno County,and its residents — already plagued with high unemployment — can least afford it.

“The impacts from this year’s water shortages will be far-reaching and widespread – on a social, economic, hydrological, and resource management basis. The west side of the County makes up 25 percent of Fresno County’s $5.3 billion agriculture industry. With a 0% allocation for the west side, farmers are forced to idle large amounts of acreage that would have generated jobs, value-added food products that stimulate significant economic activity for the County and region.”

VALUE-PRICED WINES IN THE CROSSHAIRS

Nat DiBuduo, President CEO of Allied Grape Growers, told Wine industry Insight that, “while over the past decade approximately 150,000 acres of wine grapes were pulled out in the San Joaquin Valley, about 15,000-20,000 acres were planted on the west side of Fresno County.

“This new area was hoped by some of the major wineries to produce 150,000 to 300,000 tons of grapes for wine, concentrate and brandy,” DiBuduo said. “Without the water it will very likely affect production in 2009 to some degree and have an affect on future years as well. This will definitely affect the value-priced wines and those consumers that have enjoyed them.

“The other part of this scenario is if the federal and state water districts cut water to the west side these affected growers may — and probably will –  try to get some water out of Friant Dam and the San Joaquin River that normally is sent to growers along the east side of San Joaquin Valley,” DiBuduo continued.

“There is also a plan to restore the flow of the San Joaquin river to reintroduce salmon habitat that will take away more of the available water. The growers on the east side of the San Joaquin Valley will have their production capabilities affected this year as the water shortages become more apparent.”

Posted by lperdue on Feb 22nd, 2009 and filed under Featured Articles. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.

3 Responses for “Fed Water Cutoff Could Blunt Obama Stimulus”

  1. Steven F Amaya says:

    No farms. No food.

  2. Morton Leslie says:

    Anyone who has spent much time in or grown up in So. Cal. knows that there is never a water shortage down there. In most of the upscale communities it is common to see a stream of water running down the street from overspray on the lawns or from the manicured median strips. My son who was raised in the Napa Valley and witnessed his Dad removing his lawn and discontinuing his vegetable garden to save on water called the other day to tell me that where he lives in the town of Orange everyone leaves the sprinklers on during rainstorms. That water from median strip overspray runs down his street every day. Somehow we need to cut the water to the south to make them feel the same pinch we feel and maybe set agriculture rather than lawns as our state’s priority.

  3. MLK says:

    Upcoming development of casinos, race tracks, housing, dams, golf courses - CA is going to be the next “gambling capital of the U.S.!”
    Obviously, this water shortage is not EVER going to turn around. Therefore, check this out - Obama promising to fund Africa to export food to America!
    http://www.youtube.com/watch?v=CnYrYmQZ1nE
    See my page for more.

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