Federal law enforcement officials are investigating Le-Nature's, the debilitated Latrobe bottled water company whose top management stands accused of accounting fraud, destroying evidence and using forged documents to divert more than $20 million.
The allegations, which jeopardize the jobs of about 200 employees at the plant, include claims that Le-Nature's President Gregory Podlucky falsified financial statements to meet revenue targets. The company reported 2005 sales of $275 million, but a court-appointed custodian said it has uncovered information that actual revenue "may be as low as $32 million."
Employees also told the custodian, Kroll Zolfo Cooper of New York, that documents were destroyed before their arrival and that Mr. Podlucky was among the shredding machine operators.
Kroll says Le-Nature's has nearly $750 million in bank and bond debt, lease obligations and other liabilities.
It has $1.8 million in cash on hand and has written checks totaling $2.9 million against that cash.
The allegations were made in a motion filed yesterday in U.S. Bankruptcy Court, Downtown, by Kroll, which fears that what's left of the crumbling company could be jeopardized by Pittsburgh creditors who want to take Le-Nature's into bankruptcy.
Kroll was named custodian on Oct. 27 by Delaware Court of Chancery Judge Leo E. Strine Jr. Mr. Podlucky and the rest of senior management were evicted when that happened.
Kroll wants to put bankruptcy proceedings on hold until the Delaware court clarifies its role in running Le-Nature's, including Judge Strine's earlier order that it can borrow up to $10 million to keep the company operating.
David Rudov, the Pittsburgh attorney who began bankruptcy proceedings at the request of four creditors owed $1.4 million, said the fate of Le-Nature's should be heard in Western Pennsylvania, not Delaware.
He also said none of the allegations should shake the confidence of Le-Nature's employees or customers. "The doors will remain open and the company will continue," Mr. Rudov said.
The case is the region's highest-profile involuntary bankruptcy since 1995, when creditors initiated proceedings against Michael Carlow and Pittsburgh Food and Beverage, the holding company Mr. Carlow created for Pittsburgh Brewing, the D.L. Clark candy company and his other companies.
That bankruptcy was provoked when Mr. Carlow was accused of orchestrating a $31 million check-kiting scheme against PNC Bank.
A trustee was appointed to run Pittsburgh Food and Beverage and Mr. Carlow was convicted of bank fraud and other charges a year later.
A spokeswoman for U.S. Attorney Mary Beth Buchanan declined comment on Le-Nature's and Mr. Podlucky.
The allegations shocked a town that has already seen its other beverage plant, Latrobe Brewing, shut down this summer before being purchased by City Brewing of La Crosse, Wis.
Le-Nature's was founded in 1992 by Mr. Podlucky. His father, Gabby Podlucky, owned Jones Brewing in Smithton. Jones sought bankruptcy protection in 2000 and closed its doors in 2002. Production of Stoney's and its other brands was shifted to Pittsburgh Brewing, Mr. Carlow's former company.
Le-Nature's makes flavored and unflavored waters, ice teas and fruit drinks. In 2000, the state Department of Environmental Protection halted production at the plant because Le-Nature's was operating without a permit to bottle water. That came to light after people were sickened after drinking e-coli-infected bottled water produced at the plant.
The first hearing in what is expected to be an expensive, extended legal fight over Le-Nature's future comes today, when U.S. Bankruptcy Court Judge M. Bruce McCullough consider's Kroll's motion to put bankruptcy proceedings on hold until it gets clarification on its powers from the Delaware judge.
Judge McCullough is also overseeing the fate of Pittsburgh Brewing, which filed for bankruptcy protection in December.