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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Billington Winds Down Havens Winery

Financially troubled Billington Imports has all but pulled the plug on Napa Valley’s Havens Winery, telling employees and growers that it would not be making a 2009 vintage.

Suppliers, former employees and others formerly associated with the winery said that Billington executive and winery General Manager Phil Manno informed the winery’s remaining six employees of the decision on September 3. Manno also informed its growers that Billington would not honor its 2009 contracts.

The action leaves the employees uncertain as to the status of their positions.

Manno was contacted by WII, and left a voice mail on his cell phone asking specifically about the employees and contracts. He did not respond.

Winery founder Michael Havens sold the winery to Billington in 2006. While the winery retains Havens’ name, it has been managed directly by Billington since the sale. Havens did not return Wine Industry Insight’s phone calls, but did respond by email, the contents of which are included (with permission) below.

As Wine Industry Insight reported on August 6, the winery defaulted on its winery and vineyard  lease payments  in May and has been for sale.

EMPLOYEES LEFT IN A LURCH

After its three-year decline, the winery had only six employees left, including four in the winemaking operation. Sources familiar with the operation said that Billington had consistently told the employees that the winery would be making a 2009 vintage.

GROWERS STUCK WITH TONS OF GRAPES

Like the employees, Billington repeatedly assured its growers — primarily Oak Knoll Farming of Napa and  Hyde Vineyards of Carneros — that they would honor contracts for approximately 150 tons of red varietals.

No exact amounts were available, but the contracts were worth approximately $500,000.

By voicemail, Doug Hill, whose company is busy harvesting, took time out from crush and said that,  “It’s always a bad thing when a winery needs to shut its doors or go out of business, but hopefully good things will comewill come for everyone involved.”

SCREAMING EAGLE, HAVENS LAWSUITS DID NOT HELP BILLINGTON POSITION

Screaming Eagle Partners sued Billington Imports in February 2009 for trademark infringement. At issue was a brand called “Screaming Jack,” a joint venture between Billington Imports and winemaker, Tom Larson who founded Sonoma Creek Winery.

The lawsuit was settled in late July. Terms of the settlement have not been disclosed.

Michael Havens also sued Billington, charging for Breach of Contract. That action was also settled confidentially in May 2009.

HAVENS STATEMENT ON BILLINGTON & WINERY COLLAPSE

Below is Michael Havens’ emailed statement, reprinted with his permission.

My partnership (Mobius) sold Havens Wine Cellars to Billington Imports in August 2006; in December of that year the real estate and winery were sold separately to Vinreit, which then leased it to Billington.

After working within this new arrangement for 19 months, I was summarily dismissed in May, 2008. I have had nothing to do with managing Havens Wine Cellars since then.

Less than one year after my departure, Billington and their California subsidiary, Sin E Wines, imploded and closed doors, abruptly dismissing virtually all employees.

I am not involved in any attempt to repurchase either the brand or the real estate.

Currently I have a few select winemaking consulting clients, both startups and large corporate wineries.

I will start this year, with my friend Morgan Twain-Peterson, a new wine brand focused on white varietals originating from Galicia.


Posted by lperdue on Sep 4th, 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.

2 Responses for “Billington Winds Down Havens Winery”

  1. Emily Richer says:

    What a nightmare. Who is managing the sale of the brand and property?

  2. That stinks, I hate to see them go out of business.

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