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 Funding - Investor Update From CEO Jansen

Several investors in Inertia Beverage Group sent Wine Industry Insight the following email update they received from Ted Jansen, President and CEO.

The email is being reproduced in its entirety with Jansen’s permission.


Sent: Tuesday, January 26, 2010
Subject: IBG - Investor Status Update

Dear Investor –

The purpose of my note is two-fold – 1) to provide you a short update on our financing activities and the upcoming stockholder rights offering; and, 2) to thank you for your patience and understanding as we navigate through the financing process.

Given the combination of IBG bank relationships, financial details associated with the purchase of New Vine assets and the historical positions of our equity investors, the deal constructed was fairly complicated and difficult to execute, especially considering the current capital markets. Due to those conditions, the financing terms and process has had more fluidity to it than we would have liked, and it has been difficult to align the interests of all stakeholders. Still, we have done our best to ensure that all our equity investors have the right to participate in the financing at like terms to our lead equity investors.

One of the by-products of the continued negotiations is the fact that due to our cash position we had a fairly short consent window, exacerbated by some subsequent amendments that placed a rapid review and consent request upon you. For that I would like to apologize. In the coming weeks, you will receive significantly more detail in a shareholder rights offering, which will provide you information about the financing deal and your rights associated with it. As part of that offering, you will have adequate time to review and consider the terms and the opportunity to engage with either me or our CFO to ask questions related to the financing or company performance. The dates and timeline are still being worked out, but we will have more information related to that schedule to you in the days ahead.

Over the past few months, I have had the opportunity to speak and/or trade emails with several investors about our attempts to finance the company, and as I write this I am pleased to say we are in the midst of executing the first close of this deal. Through this continued support, IBG is pursuing investments in its core services – ecommerce, compliance and fulfillment – that create direct-to-market capabilities that no other company in the industry can match. As a result, wineries are listening and beginning to sign up. Just last week, we executed the two most valuable contracts in IBG history with respect to revenue, including our first cornerstone account that brings several wine brands and significant volume to IBG. I cannot release names of those accounts just yet, as they have not yet informed their current providers, but we expect the momentum that these accounts provide us will propel us forward as a company.

I also want to express my appreciation for your patience of the financing process we are pursuing. It has been quite the journey for all involved, but I am excited more than ever about our prospects as a company. Our successes now are more tangible than ever before and we remain firm believers that we will have significant positive impact on our customers’ ability to sell wine direct vastly improving their underlying economics – and in turn the value of our company.

As always, please feel free to contact me should you have any questions. Otherwise, please be on the lookout for the shareholder rights offering in the coming weeks.

Best regards,

Ted

Ted Jansen | President and CEO

Posted by lperdue on Jan 29th, 2010 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.

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