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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IBG To Dispose of New Vine Assets Within Two Weeks
Inertia Beverage Group will auction off the assets of New Vine Logistics Within the next two weeks, according to an email it sent to NVL’s clients today.
According to that letter (reproduced entirely, below):
“As the senior debt holder in New Vine, IBG has put New Vine into a foreclosure process and has scheduled an auction for New Vine’s assets. This process is a normal next step in the disposition of New Vine assets and it is expected to be completed within two weeks. We anticipate that it will not cause any disruption to the services New Vine is currently providing its customers.”
IBG letter Regarding NVL
July 6, 2009
Dear New Vine Clients,
We are grateful for your support during the past month. We know it has been
a difficult and challenging time for New Vine’s customers, employees, and
partners. Our goal is to provide regular information as to the financial
and operational condition of the company, as well as outline the immediate
path forward so you are getting facts from New Vine directly.
As you are aware, Inertia Beverage Group (IBG) had funded New Vine’s
operations over the past several weeks while IBG reviewed the opportunity to
acquire the lead creditor position which Silicon Valley Bank (SVB) held in
New Vine. IBG has now completed its transaction with SVB, and has assumed
SVB’s loan and creditor position in New Vine. During this period, New Vine
was able to resume its business, with the continued delivery of fulfillment
and compliance services for our valued customers.
The purpose of this communication is to outline the process that will now
occur over the course of the upcoming weeks. As the senior debt holder in
New Vine, IBG has put New Vine into a foreclosure process and has scheduled
an auction for New Vine’s assets. This process is a normal next step in the
disposition of New Vine assets and it is expected to be completed within two
weeks. We anticipate that it will not cause any disruption to the services
New Vine is currently providing its customers. Upon the conclusion of the
foreclosure process, it is our goal that New Vine’s services will continue
to be provided in the manner to which our customers have been accustomed.
We will continue to provide updates on a weekly basis or as new information
needs to be shared with our customers. Our goal is to ensure you have
enough information around the future of New Vine to remain confident in our
ability to serve your needs. We encourage you to ask questions or reach out
if you would like more information.
The primary contacts for information are:
- Kathleen Hoertkorn - Founder - khoertkorn@new-vine.com -707-603-3322
- Josh Langford - VP, Sales and Marketing - jlangford@new-vine.com -707-603-3313
- Carol Thompson - Chief Operating Officer - cthompson@new-vine.com - 707-603-3331
We appreciate your continued patience through this process, and thank you
for your support.
The New Vine Team
Posted by
lperdue
on Jul 6th, 2009 and filed under
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Great info Lew! As to New Vine, SNORE…. Why dont they just roll over and die already so the rest of us can get on with business? They have been in trouble for a while and they NEVER made a profit (in how many years? 8?) in the first place!!! There management is still the same and it was management that got them into this mess in the first place-you know the Carol and Katie show? Anyway, even if New Vine survives this as long as those two characters are in charge New Vine wont go anywhere. Unfortunately I know what I am talking about on this score.
Wow..this is second time that SS posts something right before I do. Interesting coincidence, and I have to wonder who you are…
Lewis, you are a great reporter and the local and unbiased source so many of us look to first. Kudos!
I agree that yes, the New Vine soap opera loses all hope for a positive outcome, when you think in terms of years of continued failure at the expense of loyal customers, stockholders, and employees.
At what point will someone realize that Katie Hoertkorn and Carol Thompson are not only Incompetent , …they are the litmus tests for what NOT to do to succeed in our business.
Shame on anyone still affiliated with this convoluted nightmare. Foreclose, shut down, game over, let’s all move on, and go back to making great wine and never let out guard down again as to who the good guys really are!
Amen John!