This is a tough one. The celebrated, Black-owned Nearest Green Distillery, founded by Fawn and Keith Weaver, is now under the control of a receiver following a significant loan dispute. A federal judge in Tennessee ordered the company into receivership on August 14th, effectively removing the founders from operational management for the time being.
A $108 Million Loan Default
The move comes after Farm Credit, the distillery’s lender, claimed the Weavers and their Uncle Nearest brand defaulted on over $108 million in loans. The situation escalated with concerns about impending missed payments, prompting the court’s intervention to “safeguard the disputed assets.”
The judge acknowledged that the receivership could still allow the Weavers to continue marketing and building the Uncle Nearest brand, potentially mitigating any damage to the brand’s reputation. This comes after a recent gag order prevented the Weavers from selling any Uncle Nearest assets.
Allegations of Misrepresentation and Deception
A major point of contention is a $24 million increase in the loan amount, reportedly due to “misrepresentations of Uncle Nearest’s barrel inventory.” The Weavers have blamed their former CFO, Mike Senzaki, for this alleged deception, stating they were unaware of the false numbers. However, the judge found this aspect particularly troubling, noting that the loans might not be adequately secured if the barrels don’t exist as claimed.
Farm Credit Mid-America initially sued in Tennessee, alleging a default on $100 million in loans. The Weavers, meanwhile, maintain they are “victims of fraud.” Both sides are expected to submit proposed receiver candidates by August 20th.
This is a complex situation for a pioneering Black-owned business. What are your thoughts on the receivership and the allegations? Share your perspective in the comments below!