Premier Cru Master Complaint Thread (MERGED)

Peter_Chiu · February 3, 2016, 6:52pm

Posted deleted…

Al_Osterheld · February 3, 2016, 7:06pm

The filing indicated they had recently sold wine to other retailers, but details about amounts were to be provided. That does not mean they were selling previously sold wines. They had a walk-in retail business and may have been selling off that inventory to generate cash quickly.

-Al

Ralph_Earle · February 3, 2016, 7:08pm

This might have happened to me. In mid-December these six bottles showed up as available to ship:

3 45131 2010 Corton Charlemagne, Bouchard
1 41699 2009 Figeac 1/2
1 45731 2010 Gevrey Cazetiers Magnum, Jadot
1 47314 2011 Meursault Genevrieres, Jadot

On December 24, I asked to have them sent immediately, and got this reply:

You are confirmed for shipping next Monday, 12/28 via ups 2day.

But two hours later I got this message:

I’m sorry, I was informed by the warehouse that those bottles were left
off of your last recent shipment, as there were inventory discrepancies
with each of those items.

Terry_H_a_r_r_i_s · February 3, 2016, 7:15pm

Understood, Al. I was just going out on a limb here, speculating like that. I know it’s frowned upon in this room, and particularly in this thread. Please forgive me. I will try to remember later today to go back and delete my post.

Ralph, I too had confirmation when talking/scheduling my October 2015 wine delivery with one of the employees, that I had a full case of 2011 Janasse Chaupin ready to be delivered. I elected to have only 6 of the bottles delivered, as that made up two full cases with other wines that had come in. I had not seen or reviewed this thread at the time and after being steered to it I tried to get PC to deliver the other 6 of the Chaupin. They no longer would confirm the bottles were there and, of course, I never saw them.

Rob_S1 · February 3, 2016, 7:53pm

I had the same thing happen, two bottles that were available to ship the longest (Delas Freres and I can’t even remember what now) were no longer available. When I raised a holler about the fact that they had shown as delivered for over a year a Montrose and LLC which I had been told the day before was NOT delivered yet somehow was there for shipping.

pgershon · February 3, 2016, 8:08pm

I had this happen too. I had 9 bottles of 2010 Solaia purchased in 2013 and 2014 supposedly in stock, but they were left off my Dec 1 2015 delivery. When I requested again that they make a shipment, I fiobally heard back on January 6 I believe, and PC scheduled 17 bottles for delivery including the 9 Solaia, to ship Monday January 11. Obviously the Jan 8 Chapter 7 stopped the delivery. (also 6 bottles of 2012 Jadot Corton Charlemagne and 2 bottles 2012 Jadot Puligny Folatieres, 3 of my 5 Pulignys were shipped in Dec and the other 2 were left out because they did not fit in the box).

I always wondered why the Solaia was not delivered. I had been asking for about 11 months - obviously if I had read this board in December or earlier I would have forced the issue.

Chris_Blum · February 3, 2016, 8:12pm

As I mentioned earlier, the same thing happened with a case of 2008 Pontet Canet. It was ready to ship in spring and had mysteriously disappeared over the Summer. I assumed they sold it to another customer who was squawking, but they may have sold it to another retailer for all I know.

Victor_Hong · February 3, 2016, 8:14pm

Very clear that people got “Carolina’d”, as in CWC. If delivery-committed, in-stock wine had appreciated, the store
had incentive to “re-trade” it without notice or authorization.

Chris_Blum · February 3, 2016, 8:34pm

Carolina Wine Co is the big reason why I spread out my EP purchases to different stores.

Corey_N · February 3, 2016, 8:45pm

If you hadn’t started this thread, Premier Cru would still be a fiscally viable operation.

Arv_R · February 3, 2016, 8:50pm

Fox couldn’t sell the wine as ‘in stock’ to his own clientele, who would squawk if they saw it something they were still waiting on pre arrival, being offered as in stock. But the trade, who was more circumspect of PC PA promises, would nibble at the instock offerings. Even if those were just most likely selling off undelivered customer orders.

I don’t think a reasonable merchant would/should have been willing to transact with PC given this thread, and the long history of problems they were known for. I’m sure if the emails are reviewed they will have plenty of confirmation that the wines are actually there, and that cash will only be delivered upon receipt.

Maybe there’s a chance those could be clawed back.

It seems like reception of stolen property to me.

Dennis_Kanagie · February 3, 2016, 8:55pm

Correction made.

Steven_Miller · February 3, 2016, 8:57pm

It was – he was fun to read, and several others were FAR more offensive. Yet they are still here.

pgershon · February 3, 2016, 9:01pm

One of the things eating at me, not that there was much I could have done at this point (sep 2015) as PC already had about $31,000 of outstanding orders from me (at least I got some shipped in Dec), is that I accepted the following from PC:

Me: I ordered this wine earlier this year. I see you are selling it in stock now (system says 24+ bottles available). Why is my order still listed as “out of stock”? It looks, from your current offer, that you are listing as Cru Filo di Seta and simply Filo di Seta as if they were two different wnes. They are not.

PC: You are correct. They are the same wine. However, they were purchased from different sources by us. The wine you purchased came directly from Europe, purchased in bulk and imported by Preimier Cru, which is why we were able to offer you the price that you paid. The Filo di Seta which we have in stock was purchased from an American distributor at a much higher price. The $102.99 for the in stock wine is still a competitive price for this wine as an in-stock purchase, and you are more than welcome to trade in your purchase and apply the amount to the purchase of the in-stock bottles, but you would have to pay the difference. Sorry for the confusion. Many thanks, Tony Gray

Me: Thanks. When do you expect my wine?

PC: We will start seeing our allocations of the '10 Brunello early next year and would say that by Spring your bottles will be here.

I should have called BS right then and there. PC had my wine in stock and were selling it for about $40 more/bottle than they charged me, yet they claimed it came from a different supplier and that mine would arrive by spring. If they had the wine, it should have been sent to me, not sold to others at a higher price. And they used my money, essentially, to buy the wine they sold to others. Robbery.

Victor_Hong · February 3, 2016, 9:03pm

Not likely, unless such bottles were specifically reported contemporaneously as stolen property, with associated police filings.

Victor_Hong · February 3, 2016, 9:08pm

pgershon:

One of the things eating at me, not that there was much I could have done at this point (sep 2015) as PC already had about $31,000 of outstanding orders from me (at least I got some shipped in Dec), is that I accepted the following from PC:

Me: I ordered this wine earlier this year. I see you are selling it in stock now (system says 24+ bottles available). Why is my order still listed as “out of stock”? It looks, from your current offer, that you are listing as Cru Filo di Seta and simply Filo di Seta as if they were two different wnes. They are not.

PC: You are correct. They are the same wine. However, they were purchased from different sources by us. The wine you purchased came directly from Europe, purchased in bulk and imported by Preimier Cru, which is why we were able to offer you the price that you paid. The Filo di Seta which we have in stock was purchased from an American distributor at a much higher price. The $102.99 for the in stock wine is still a competitive price for this wine as an in-stock purchase, and you are more than welcome to trade in your purchase and apply the amount to the purchase of the in-stock bottles, but you would have to pay the difference. Sorry for the confusion. Many thanks, Tony Gray

Me: Thanks. When do you expect my wine?

PC: We will start seeing our allocations of the '10 Brunello early next year and would say that by Spring your bottles will be here.

I should have called BS right then and there. PC had my wine in stock and were selling it for about $40 more/bottle than they charged me, yet they claimed it came from a different supplier and that mine would arrive by spring. If they had the wine, it should have been sent to me, not sold to others at a higher price. And they used my money, essentially, to buy the wine they sold to others. Robbery.

If so, the fungible bottles of one given wine would be water-falled down the highest sale executions, much like
specified mortgage pools being sorted by negative-convexity attributes for MBS TBA settlements.

pgershon · February 3, 2016, 9:33pm

Victor Hong:

pgershon:

One of the things eating at me, not that there was much I could have done at this point (sep 2015) as PC already had about $31,000 of outstanding orders from me (at least I got some shipped in Dec), is that I accepted the following from PC:

Me: I ordered this wine earlier this year. I see you are selling it in stock now (system says 24+ bottles available). Why is my order still listed as “out of stock”? It looks, from your current offer, that you are listing as Cru Filo di Seta and simply Filo di Seta as if they were two different wnes. They are not.

PC: You are correct. They are the same wine. However, they were purchased from different sources by us. The wine you purchased came directly from Europe, purchased in bulk and imported by Preimier Cru, which is why we were able to offer you the price that you paid. The Filo di Seta which we have in stock was purchased from an American distributor at a much higher price. The $102.99 for the in stock wine is still a competitive price for this wine as an in-stock purchase, and you are more than welcome to trade in your purchase and apply the amount to the purchase of the in-stock bottles, but you would have to pay the difference. Sorry for the confusion. Many thanks, Tony Gray

Me: Thanks. When do you expect my wine?

PC: We will start seeing our allocations of the '10 Brunello early next year and would say that by Spring your bottles will be here.

I should have called BS right then and there. PC had my wine in stock and were selling it for about $40 more/bottle than they charged me, yet they claimed it came from a different supplier and that mine would arrive by spring. If they had the wine, it should have been sent to me, not sold to others at a higher price. And they used my money, essentially, to buy the wine they sold to others. Robbery.

If so, the fungible bottles of one given wine would be water-falled down the highest sale executions, much like
specified mortgage pools being sorted by negative-convexity attributes for MBS TBA settlements.

Isn’t that what PC did? It sure seems to me like the price I paid for my 2010 Brunello was too good (low), and when the wine came in, they sold it as “in stock” to others at a much higher price. It is quite clear now that the allocation arriving in Spring 2016 was fraudulent.

Bruce_Leiser_owitz · February 3, 2016, 10:23pm

The only way to know for sure would be to check the purchasing records for Premier Cru to see how many times they sourced the same wine and through which companies.

Bruce

Victor_Hong · February 4, 2016, 12:20am

If anyone was denied delivery of paid-for, in-stock wines that were apparently
re-sold to other buyers, present all your relevant e-mails and receipts to the
bankruptcy trustee and Oakland FBI office. While staff members in sales,
billing, and shipping functions may not have been big Fox…er, uh…fish in
this situation, some may have facilitated fraud or larceny in a material, witting,
and repeated manner, warranting federal prosecution.

R_Smith1 · February 4, 2016, 1:09am

2/3 PC BANKRUPTCY UPDATE - U.S. TRUSTEE FILES OBJECTION TO EMPLOYMENT OF BRIAN NISHI

The U.S. Trustee filed an objection to the hiring of Brian Nishi. The objection centers around $25,000 in wine which was given by Premier Cru to Mr. Nishi prior to the bankruptcy filing. Nishi had advanced credit to Premier Cru by allowing it to use his credit card to purchase wine.

The United States Trustee objects to the Nishi Application because Brian Nishi received a preferential transfer under 11 U.S.C. § 547 within the 90 day period preceding the commencement of the case and therefore holds an impermissible conflict of interest and may not be employed by the estate.

Mr. Nishi holds a priority wage claim in the amount of $2,500. Mr. Nishi has agreed to waive his claim in order to be employed in the case. Mr. Nishi was also paid the equivalent of $25,000 in wine by the Debtor in satisfaction of the extension of credit by Mr. Nishi via the Debtor’s use of his personal credit card.

In this case, Mr. Nishi received a facially plausible substantial preference the facts of which are not in dispute. All of the elements of a preference are met in this case since: 1) at the time of the transfer Mr. Nishi was a creditor; 2) at the time of the transfer Mr. Nishi was owed $25,000; 3) the transfer occurred within 90 days preceding the commencement of the case; and 4) the transfer likely allowed Mr. Nishi to receive more than he would receive in a chapter 7 liquidation. > Under these circumstance, Mr. Nishi may not be employed in this case unless and until the preference is resolved.

For the foregoing reasons, the U.S. Trustee requests the Nishi Application be denied unless and until the above objections are addressed and for such other and further relief as the
Court deems just and proper.