Connect with us

Hi, what are you looking for?

Stock

Fatburger parent company, chairman charged in alleged fraud scheme

Federal authorities said Friday they charged Fat Brands and its chair, Andy Wiederhorn, of committing a brazen scheme that netted him $47 million in bogus loans from the restaurant company that owns Fatburger, Johnny Rockets and Twin Peaks.

Fat Brands, Wiederhorn and a few other people were criminally indicted by a federal grand jury in Los Angeles for wire fraud, tax evasion and other counts related to the alleged scheme.

In a separate civil complaint, the Securities and Exchange Commission accused the company and Wiederhorn of violations related to the same conduct.

“These charges are unprecedented, unwarranted, unsubstantiated and unjust,” Fat Brands counsel Brian Hennigan said in a statement. “They are based on conduct that ended over three years ago and ignore the Company’s cooperation with the investigation.”

Wiederhorn, who was convicted two decades ago in a criminal case that involved similar conduct, was separately criminally charged in an indictment in Los Angeles of being a federal felon in possession of a handgun and ammunition.

Andy Wiederhorn, chairman of Fat Brands.Jeffrey Neira / CBS via Getty Images file

“We look forward to making clear in court that this is an unfortunate example of government overreach — and a case with no victims, no losses and no crimes,” Wiederhorn’s attorney Nicola Hanna said.

As chief executive of Fat Brands, Wiederhorn, 58, allegedly directed the company to loan its own funds to him, with no intention of ever paying the “sham” loans back, according to the indictment.

The SEC alleges that Wiederhorn then used the cash to pay for private jets, first-class airfare, luxury vacations, mortgage and rent payments, and nearly $700,000 in “shopping and jewelry.”

Wiederhorn stepped down as CEO last year, following the company’s disclosure that the SEC was investigating him. In February, Fat Brands disclosed it had received a Wells Notice from the agency, meaning the SEC was planning to take action against it.

Wiederhorn’s alleged fraud accounted for roughly 44% of Fat Brands’ revenue from 2017 to 2021, which meant the company often wasn’t able to pay its bills. In those situations, Wiederhorn would allegedly redirect funds from credit cards paid for by Fat back to the company with assistance from his son Thayer, who was then the company’s chief marketing and is now its chief operating officer.

Fat Brands never disclosed the cash transfers as related party transactions to investors. In 2020, the cash transfers were written off after the company’s merger with Fog Cutter Capital Group, Fat Brands’ largest shareholder, which also happened to be majority owned by Wiederhorn, according to the SEC complaint.

Ron Roe, the company’s vice president of finance and former chief financial officer, and Rebecca Hershinger, another former CFO, were also named as defendants in the SEC complaint. Hershinger and tax advisor William Amon were also named in the indictment.

Additionally, as far back as 2006, Wiederhorn has owed taxes for his personal income to the IRS. He also didn’t report any of the so-called loans from Fat Brands as income, according to the indictment. As of March 2021, Wiederhorn owed $7.74 million to the IRS for his unpaid personal taxes.

Twenty years ago, he pleaded guilty to filing a false tax return and paying an illegal gratuity to an associate while leading Fog Cutter Capital. He paid a $2 million fine and spent more than a year in federal prison in Oregon. During his time in prison, Fog Cutter’s board opted to pay him a bonus equal to the fine and continued paying his salary, a decision that attracted widespread criticism.

This post appeared first on NBC NEWS

You May Also Like

Editor's Pick

For years the North Korean playbook was obvious to the world. The Democratic People’s Republic of Korea wanted to be the center of attention....

Editor's Pick

After the final lecture of my Fall 2022 International Economic Policy course (an undergraduate offering meant to introduce non-economics majors to the economics of...

Editor's Pick

In Risky Business: Why Insurance Markets Fail and What to Do About It (Yale University Press, 2023), economists Liran Einav (Stanford), Amy Finkelstein (MIT),...

Editor's Pick

Real gross domestic product rose at a revised 3.2 percent annualized rate in the third quarter versus a 0.6 percent rate of decline in...



Disclaimer: impactofincome.com, its managers, its employees, and assigns (collectively “The Company”) do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.


Copyright © 2024 impactofincome.com