Gourmet News

Bitzel’s Chocolate Names Foley Executive Chef & Chocolatier

Published May 13, 2024

Bitzel’s Chocolate, the 7,000-square-foot chocolate factory and attraction in Suwanee, Ga., has added George Foley to its team as executive chef and chocolatier. Foley, who most recently was a Viennoiserie baker at Bacchanalia and Star Provisions, will focus on menu development, culinary training and building relationships with local farmers and national companies.

“I’m thrilled to be a part of such an amazing concept and to get to work with a chocolatier like Ray Bitzel,” Foley says.

Bitzel’s Chocolate, the brainchild of chocolatier and entrepreneur Ray Bitzel and his business partner and co-founder Dave Rose, creates affordable, chef-crafted chocolate confections and offers visitors an unforgettable, Willy Wonka-style experience as they watch as various treats move through the production process.

“Of course, the chocolate is the star of the show, but what I love is that we’re giving visitors an entire experience here,” Foley says. “We’re taking them on a journey from learning how chocolate is made to seeing the machines and the production process to tasting the different types of chocolate that they may have never experienced before, such as gold chocolate and ruby chocolate.”

Foley comes to Bitzel’s from Bacchanalia, where he concentrated on croissants and pastries. He also has worked as a corporate chocolatier at Bodega Chocolates in Fountain Valley, Calif., as executive pastry chef for the Dolce Group in Los Angeles, as pastry chef at Salty’s on Alki Beach in Seattle and as the overnight baker viennoisarie at 3 Michelin Star The Inn at Little Washington.

Foley, who’s enjoyed a long career in the hospitality industry, says that continuing to focus on hospitality is what helps keep things fresh and exciting for him.

“Hospitality is the gift of making everyone feel welcomed, accepted and comfortable in your presence,” he says. “It’s a privilege to be a part of that. And that’s especially true when you’re working with chocolate, which everybody loves, in an environment like Bitzel’s that’s just full of wonder and excitement. I’m looking forward to seeing the smiles on our guests’ faces on an everyday basis.”

Bitzel’s Chocolate is a 7,000-square-foot, state-of-the-art facility, located in Suwanee, Ga. Bitzel’s Chocolate features a line of affordable, chef-crafted delicacies prepared while guests move through the production process in a true Willy Wonka-style experience.

For more news of interest to the confections industry, subscribe to Gourmet News.

Giant Food’s Local Artist Bags Benefit Communities

Published May 10, 2024

Giant Food’s Local Artist Bags from L to R: The D.C. Artist Bag designed by Marcella Kriebel, the Virginia Artist Bag designed by Grace Manno and Dashiell Kirk, the Maryland Artist Bag designed by Ann Gill and the Delaware Artist Bag designed by Brad Almond.

Giant Food, the leading greater Washington, D.C., regional grocery chain, has teamed up with four artists from D.C., Maryland, Virginia, and Delaware, to create reusable bags that represent each artist’s local community. As part of Giant’s Community Bag Program, for every $2.75 reusable bag purchased, Giant donates $1 donated to a local nonprofit. Throughout the month of May, each of the artists chose a local nonprofit to receive the donations.

“With the help of our customers, we’ve achieved significant accomplishments through our Community Bag Program, including saving over 585,000 single plastic bags and helping over 1,700 non-profit organizations last year alone,” said Felis Andrade, Director External Communications and Community Relations of Giant Food. “We’re excited to spotlight local artists whose creative designs celebrate the core of Maryland, D.C., Virginia and Delaware while also supporting the local charities that mean the most to them.”

In 2019, Giant Food launched its Community Bag Program, which is designed to empower customers to support local nonprofit organizations while working to reduce single-use paper and plastic waste in the environment. To date, Giant and its customers have raised over $580K and provided 684,990 meals to 1,748 different non-profit organizations and 405 hunger organizations through the program.

This month, D.C., Maryland, Virginia, and Delaware stores will each carry their very own reusable bags created by their state’s local artist. The artists and their chosen benefiting nonprofits include:

Marcella Kriebel: Marcella is a watercolorist, muralist and the author and illustrator of two cookbooks, “Mi Comida Latino” and “Comida Cubana.” She is known for her vibrant artwork that celebrates the world through food and culture. Marcella designed the D.C. bag which will benefit the D.C. Central Kitchen.
Ann Gill: Ann is a local artist based in Hyattsville, Maryland. Born in Washington, D.C., her family roots run deep in the region. She has been creating art since she was a child, and her work is influenced by street pop art. Ann designed the Maryland bag with proceeds benefiting Words, Beats and Life Inc.
Grace Manno and Dashiell Kirk: Grace and Dashiell are two artists who formed FOND Collective based in Richmond, Virginia. Some of their favorite mediums include illustration, print design, animation and sculpture. Together, Grace and Dashiell designed the Virgnia bag and chose Our Stomping Ground as the benefiting organization.
Brad Almond: Brad is a graphic designer, illustrator and part-time musician. He resides in Wilmington, Delaware with his wife, two children and their cat. Brad grew up fascinated by the colorful, stylized worlds of film, video games and cartoon shows. He designed the Delaware bag and chose Urban Promise Wilmington as the benefiting organization.

Customers can purchase their Local Artist Community Bag at any Giant store. For more information, please visit: https://giantfood.2givelocal.com/program/community-bag/

Since opening its first location over 88 years ago in Washington, D.C., in 1936, Giant has been an integral part of the communities and customers it serves. Giant is committed to being a Better Neighbor and has designated four main giving pillars that address local Food Insecurity, Military Support, Pediatric Cancer Research, and Social Equality.

Giant is headquartered in Landover, Md., and operates 164 supermarkets in Virginia, Maryland, Delaware, and the District of Columbia with approximately 20,000 associates. Included within the 164 stores are 154 full-service pharmacies and 28 Starbucks locations. Giant fits all the ways today’s busy customers want to shop – in-store or online. With 162 Giant Pickup locations and delivery options available in all of its markets, customers have even more convenient options at their fingertips to get the best products and prices whenever and however they choose.

For more information on Giant Food and its charitable efforts to make a positive difference, visit giantfood.com/pages/better-neighbor-report.

For more news of interest to the grocery industry, subscribe to Gourmet News.

BREAKING: Fat Brands, Former CEO Indicted in Alleged Shareholder Loan Scheme; Company Calls Its Charges ‘Unsubstantiated’

Published May 10, 2024

Andrew A. Wiederhorn, the former CEO and current controlling shareholder of the publicly traded Fat Brands Inc., has been indicted on federal charges alleging a scheme to conceal $47 million in distributions he received in the form of shareholder loans from the IRS, FAT’s minority shareholders, and the broader investing public, the Justice Department announced today, May 10.

According to the indictment returned Thursday by a federal grand jury, Wiederhorn – assisted by FAT’s chief financial officer and his outside accountant at advisory firm Andersen – concealed millions of dollars in reportable compensation and taxable income and evaded the payment of millions of dollars in taxes, while causing FAT itself to violate the Sarbanes-Oxley Act’s prohibition on direct and indirect extensions of credit to public-company CEOs in the form of a personal loan.

“This defendant, the former CEO of a publicly traded company, is alleged to have engaged in a long-running scheme to defraud investors and the United States Treasury to the tune of millions of dollars,” said United States Attorney Martin Estrada. “Instead of looking out for shareholders, the defendant allegedly treated the company as his personal slush fund, in violation of federal law. The Corporate and Securities Fraud Strike Force of my office focuses on rooting out corporate malfeasance by corporate insiders, and we will continue to protect the public by bringing these important prosecutions.”

“The indictment alleges that with the assistance of his co-defendants, Mr. Wiederhorn repeatedly evaded his taxes and the law as he engaged in a cover-up to avoid being accountable to shareholders,” said Krysti Hawkins, the acting assistant director in charge of the FBI’s Los Angeles Field Office. “Rather than continuing to fund his lavish lifestyle, Mr. Wiederhorn will face serious consequences for his alleged criminal actions.”

“The allegations contained in the indictment against Mr. Wiederhorn show that he is a serial tax cheat. His actions over decades hurt not only his company and its shareholders, but also every American taxpayer,” said Special Agent in Charge Tyler Hatcher, IRS Criminal Investigation, Los Angeles Field Office. “Failing to honestly and accurately report income shortchanges Americans, and places undue strain on honest taxpayers. CI is committed to investigating this sort of criminal behavior to ensure accountability and equity in the tax system.”

Brian Hennigan of Hueston Hennigan LLP, counsel for FAT Brands Inc., issued the following statement:

“Today FAT Brands was informed that it has been indicted on two violations of SOX 402 for arranging approximately $2.65 million in loans to Andy Wiederhorn.

“These charges are unprecedented, unwarranted, unsubstantiated and unjust. They are based on conduct that ended over three years ago and ignore the Company’s cooperation with the investigation.

“FAT Brands will take all necessary action to defend itself, while seeking a just resolution to these charges. Since becoming a public company, FAT Brands has grown to at a remarkable pace to encompass 18 brands with $2.5 billion in global sales and 2,300 locations worldwide, benefitting franchisees and investors alike. The Company will continue executing on its operating plans and growth strategy.”

The defendants charged in the indictment are:

Wiederhorn, of Beverly Hills;
William J. Amon, of Los Angeles, a certified public accountant, attorney, and one-time managing director of Andersen’s Los Angeles Office, who provided tax-advisory services to Wiederhorn, FAT, and FAT’s former affiliate, Fog Cutter Capital Corporation (FOG);
Rebecca D. Hershinger, a Los Angeles-area resident who formerly served as FAT’s CFO and, in that role, certified FAT’s public filings; and
Fat Brands Inc., a publicly traded global franchising company based in Beverly Hills that acquired and developed casual-dining restaurant concepts, including Fatburger, Johnny Rockets, Hurricane Grill and Wings, Yalla Mediterranean, and Ponderosa and Bonanza Steakhouses.

Wiederhorn is expected to be arraigned this afternoon in United States District Court in downtown Los Angeles. The remaining defendants are expected to be arraigned during the first week of June.

According to the indictment, Wiederhorn began disguising distributions to himself in the form of shareholder loans approximately 30 years ago, when he served as CEO of another company, Wilshire Credit Corporation. After forgiving himself some $65 million in putative debts owed to WCC, Wiederhorn resolved a federal grand jury investigation into that and related conduct by pleading guilty in 2004 in the District of Oregon to the payment of illegal gratuities and filing a false federal tax return. FOG and its affiliates are successor corporate entities to WCC and its affiliates.

From at least 2006 through 2021, Wiederhorn was the subject of efforts by the IRS to collect personal income tax and trust fund taxes he owed personally and as a responsible party and guarantor for entities, including FOG, the indictment states. The IRS efforts included levies and liens on Wiederhorn’s accounts and assets due to outstanding taxes he owed. The IRS, beginning in 2016, assessed Wiederhorn penalties for FOG’s failure to pay trust fund taxes and failure to establish a payment plan. By March 2021, Wiederhorn’s unpaid personal income tax liability to the IRS totaled approximately $7,743,952, inclusive of statutory interest and penalties, according to the indictment.

Beginning no later than 2010 and continuing through early 2021, Wiederhorn allegedly caused employees of FAT and FOG to compensate him by distributing to him approximately $47 million for his personal use and benefit. Wiederhorn, Amon, Hershinger and others miscategorized these distributions as “shareholder loans” and failed to disclose as reportable compensation to the IRS, SEC and the broader investing public, the indictment alleges.

Neither FAT nor FOG required Wiederhorn to post collateral, make interest payments or observe any of the other commercial requirements and realities of true loans, according to the indictment, which adds that Wiederhorn generally determined for himself the amount, timing and form of both extension and forgiveness of these “loans” without informing the directors of either FAT or FOG.

“After defendant FAT became an issuer of securities through its IPO [initial public offering], defendant Wiederhorn caused millions of dollars from defendant FAT’s accounts to be disbursed to defendant Wiederhorn and his family members for their personal benefit,” according to the indictment. “These disbursements were used to fund the purchase of private-jet travel, vacations, a Rolls Royce Phantom, other luxury automobiles, jewelry, and a piano.”

The indictment goes on to outline several transfers of hundreds of thousands of dollars that Wiederhorn caused others at FAT to make directly from FAT accounts to pay Wiederhorn’s personal American Express credit-card debts.

“Wiederhorn, posing as both ‘lender’ and ‘borrower,’ caused defendant FAT and FOG to extend to him and then ‘forgive’ tens of millions of dollars in distributions made in the fraudulent form of loans – all while paying no income tax on these distributions and, in fact, using them to generate net operating losses to provide defendant FAT with financially beneficial tax treatment,” the indictment alleges.

Although FAT publicly claimed that it was “cooperating with the government” in connection with this investigation, after members of FAT’s Board communicated with the government, Wiederhorn removed every director other than himself in March 2023 and reconstituted FAT’s Board with a majority of non-independent directors under his control, according to the indictment.

Wiederhorn is charged with one count of endeavoring to obstruct the administration of the Internal Revenue Code, six counts of tax evasion, and one count of false statements and omission of material facts in statements to accountants in connection with audits and reviews.

Both Wiederhorn and Hershinger are charged with four counts of wire fraud, two counts of false statements and omission of material facts in statements to accountants in connection with audits and reviews, and one count of certifying faulty financial reports.

Wiederhorn, Hershinger and FAT are charged with two counts of extension and maintenance of credit in the form of personal loan from issuer to executive officer.

Hershinger is also charged with one count of making false statements to federal investigators, including, among things, denying that company funds were being used to pay Wiederhorn’s personal American Express bill.

Amon is charged with four counts of aiding and assisting the filing of false tax returns.

Any investors who believe they were victims of the crimes alleged in the indictment are encouraged to go to https://www.justice.gov/usao-cdca/united-states-v-andrew-wiederhorn-william-j-amon-rebecca-d-hershinger-and-fat-brands-inc for further information and updates regarding this matter.

Wiederhorn has also been charged in a separate indictment for illegally possessing a firearm and ammunition after being convicted of a felony.

An indictment is merely an allegation, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

The FBI and IRS Criminal Investigation are investigating this matter.

Separately, the U.S. Securities and Exchange Commission has also filed a civil enforcement action against Wiederhorn, Hershinger, FAT, and another FAT executive.

This case is being prosecuted by Assistant United States Attorneys Adam P. Schleifer of the Corporate and Securities Fraud Strike Force and Kevin B. Reidy of the Major Frauds Section.

For more news of interest to the foodservice industry, subscribe to Gourmet News.