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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New Vine’s Meltdown: Summary of Act One, Still Waiting For Godot
The sudden collapse and melt-down of direct shipping star New Vine Logistics precipitated a frantic, week-long struggle to find a way to get the company functioning well enough to resume operations for the winery customers who had not already fled the ruins.
With most of the 120-person workforce abruptly terminated on Friday, May 29 and winery inventory locked down, investors chalked up a series of speed-dating sessions with potential suitors and finally reached a non-solution to have Inertia Beverage Group become New Vine’s major creditor with the rights to some vague solution to come.
Numerous readers have emailed Wine Industry Insight and requested a summary of all its news coverage of the New Vine meltdown over the past week. While WII is still working on several articles about the situation, the following is a round-up of the past week, starting with the most recent article.
From all indications, this summary is of the first act only.
FRIDAY, JUNE 5, 2009
Dante’s first circle of Hell has a special place called limbo which resembles an eternal dentist’s waiting room where you sit forever and never actually get your cavities filled.
Much the same could be said of the vague, deal-in-progress hammered out Thursday afternoon between New Vine …
THURSDAY, JUNE 4, 2009
Inertia Beverage Group has emerged the winner in the financial rugby scrum to snag the remains of New Vine Logistics.
Observers said that IBG laid a winning body check on front-runner WTN Services Thursday when Bob Ackerman, Managing Director and Founder of …
WEDNESDAY, JUNE 3, 2009

While hopes had been high that New Vine’s investors would quickly find a suitable buyer, those hoped dimmed as the night wore on.
The process frustrated everyone involved, even as progress had been made by whittling down the number of bidders for New Vine’s bones from yesterday’s 20+ to a more realistic half dozen or so.
Among the frustrated late Wednesday night …

Subject:
Inventory Removal from New Vine Logistics …
TUESDAY, JUNE 2, 2009

People with a lot of money rarely scurry as fast as the 20+ companies and other parties now clutching for a piece of New Vine’s body.
But unaccustomed as they might be, the tire-kicking and deal-floating have been described by several participants as “a frantic rush to own the body before the last breath has been drawn.”
One person involved in the …
MONDAY, JUNE 1, 2009
New Vine Logistics slammed the doors and headed for the hills on May 30, after impatient investors pulled the plug following the direct-shipping company’s mounting losses.
New Vine touted itself as the solution to allowing wineries to sell and ship wine to consumers while complying with the crazy quilt of laws that varied from state to …
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Great coverage of this story! It seems to be that the final outcome here will be dictated by Amazon’s preference for a particular acquirer, whether it be IBG or someone else, for the simple reason that the remaining NVL business WITH Amazon’s future revenues is worth more than WITHOUT it.
I have to agree that you have provided great coverage. I would add that former NVL employees have not recieved any communication as to when they would recived their last week’s check and vacation pay. It is also a rumor that the skeleton crew left at NVL have not gotten paid also. Some of us have called, sent emails left voicemails but yet no resposes. This should be of no surprise since Carol Thompson (COO) spent money irresposibly, micromanaged everyone and needed to have control of every situation. So, not only did she run this company to the ground, but also, there was a lack of respect, responsability and loyalty to customers and employees.
And to Katie’s comment on previous posts……….I considere Katie to be a great classy lady…….but, she put her company in the hands of the wrong person-Carol-COO. She had not been a COO before and made way too many wrong decisions. She tried to make NVL too big, too fast, getting bigger buildings and hiring way too many DIRECTOR’s and VP’s–spending money where it didn’t need to be spent instead of looking at the talent that she already had within her current employees.
I would like to add that the current employees that are still left at NVL HAVE not been paid as of yet. Since pay-day was Friday the 5th, I would say if I were you I’d start getting concerned. I think Carol is making more promises she has no intention on keeping. Someone needs to realize that as long as Carol is in charge of New Vine, it doesn’t stand a chance. The reason the company has gone so far under in the past two years, is a direct result of her lack of leadership. See the light people! If New Vine has any hope of coming out of this with any pieces in-tact, you NEED to get a new leader!
People are missing the point. NVL had a ridiculous pricing structure whereby the nickeled and dimed clients to oblivion. They also had this stupid management structure whereby it \seemed\ 80% of the company was an executive.
If IB thinks they can revive this thing they are nuts. If they are nuts, the first thing they need to do is show leadership and fire the entire C-level structure. Everybody gone. Now. After that, they need to streamline the system and price fairly to an industry already under incredible economic stress. I know I know, they create \economic efficiency\ which is a fancy way of saying they are another middleman. A less fancy way is called bull shit.
If they execute 100% on every step of the restructure (nearly impossible) then maybe they have a slim chance of making it (+-5%)
Just let it die. Make sure not to do it again.
Freight Train! YOU ARE RIGHT! NVL had more VP’s, Directors and Managers than pickers and packers!
As a side note, the skeletal crew that was left behind has now been sworned into secresy-they have probably been threatened-and will not even let the rest of us know if they got paid or not. –Which for a fact, from a leaky source, they did not get paid.
If I was in there shoes–I wouldnt of showed up for work today!
I agree whole heartedly with the comments above as to the leadership (or lack thereof) of Carol Thompson. She was the negative turning point on all levels and the reason for continued turnover, confusion, and dissention internally at New Vine.
Our CEO, Katie Schumcker-Hoertkorn, was indeed a very nice person, although not a very effective CEO. Unfortunately she allowed the hire of an old friend, Carol, and then gave the reins over, and the rest is history.
Whatever comes of this debacle, it is imperative the Ms. Thompson returns to the East Coast, and leaves the wine industry to recover from what has surely felt a little like the aftermath of hurricane Katrina.