Thursday, September 28, 2017

The Pappy-Gate Bourbon: Don't Get Hooked that Bourbon is Going Home!!!!


            On September 20, 2017 Gilbert “Toby” Curtsinger, the central figure in what has been dubbed “PappyGate”, entered a guilty plea signaling that the end is near for the case.  While the theft of the Pappy Van Winkle helped this case gain its notoriety, Curtsinger and his co-defendants were also accused stealing bourbon from Wild Turkey. Eight co-defendants have pleaded guilty and only Mark Sean a truck driver for Wild Turkey, who is accused of helping Curtsinger divert shipments, case is still pending. However, all of the co-defendants including Curtsinger has agree as part of their plea agreements to testify against Sean.

So as the case winds down many news outlets and bourbon commentators have speculated that the Bourbon seized in thecase may have to be destroyed. However, this is clearly not the case and a clear path to preserving the bourbon is set forth in Kentucky Revised Statute § 500.090 (4) & (7).  According to the revised statute, “The trial court shall remit the forfeiture of property when the lawful claimant: (a) Asserts his or her claim before disposition of the property pursuant to this section; (b) Establishes his or her legal interest in the property; and (c) Establishes that the unlawful use of the property was without his or her knowledge and consent.”

Certainly, in this case both Buffalo Trace/Sazerac and Wild Turkey/Campari, from which the bourbon was stolen will assert their claim and there can be no doubt as to their legal interest in the property. Furthermore, I am sure the Sazerac and Campari were in fact true victims of a theft.

Lastly, KRS § 500.090 (7) requires, “. . . the trial court to determine if a lawful owner or claimant to the property has been identified or is identifiable.” So while the news of bottles rare Pappy Van Winkle and continuously aging Wild Turkey possibly being destroyed is a headline grabber, the actually reality of that happening is remote.

So after all sensational headlines, moaning and gnashing of teeth, I cannot image that both Sazerac and Wild Turkey would not jump at the chance to reclaim their stolen property and seizing up on the opportunity to use this event to promote a special release. Especially, Wild Turkey/Campari which has barrel of aging whiskey sitting in the evidence room. The possible promotions are endless. . . . . .

So that's how I see it. . . . be on the look out for Wild Turkey's Stolen and then Forgiven a beautiful 12yr old bourbon that was aged in the sheriff evidence locker. .  . . . .  

****Below is the full text of the pertinent Kentucky Revised Statutes

KRS § 500.090 Forfeiture

* * *

(4) The trial court shall remit the forfeiture of property when the lawful claimant:

(a) Asserts his or her claim before disposition of the property pursuant to this section;
(b) Establishes his or her legal interest in the property; and
(c) Establishes that the unlawful use of the property was without his or her knowledge and consent. This subsection shall not apply to a lienholder of record when the trial court elects to dispose of the property pursuant to subsection (1)(b) of this section.

* * *


(7) Before forfeiture of any property under this section, it shall be the duty of the trial court to determine if a lawful owner or claimant to the property has been identified or is identifiable. If a lawful owner or claimant has been identified or is identifiable, the court shall notify the owner or claimant that the property is being held and specify a reasonable period of time during which the claim may be made or may, in lieu thereof, order the return of the property to the lawful owner or claimant. If the lawful owner or claimant does not assert his or her claim to the property after notification or if he or she renounces his or her claim to the property, the property shall be disposed of as provided in this section. It shall be the duty of all peace officers and other public officers or officials having knowledge of the lawful owner or claimant of property subject to forfeiture to report the same to the trial court before the act of forfeiture occurs.

Wednesday, September 27, 2017

Back in the Saddle Again

It's been sometime since I posted anything on my good old blog but I won't be shy in saying that I got into blogging about bourbon and whiskey when everyone was blogging about bourbon and whiskey. So I looked at the landscape and felt that in that time I had nothing really to add to the whiskey readers scene. Bloggers like Bourbon and Banter, Bourbonr, TheBourbonTruth, Sippin' Corn and writers like Fred Minnick pretty much had a handle on things. No one needed another review sight or a how to book and frankly I wasn't about to share all my great places to get bourbon with the great unwashed. So I took a self imposed hiatus.

So what have I been doing for the past 2 years??? Watching and listening to you guys. Reading up on the industry side of this hobby. Reading the real history of bourbon and American whiskey. I've been out there Seeking. The WhiskeySeeker in me did not take a hiatus!!! I've been buying, sampling, drinking, tasting, trading, buying and selling anything and everything Bourbon. Some of you may know at I'm a founding member of the Cleveland Bourbon Club. Well the CBC has opened may a door for me and opened my eyes to the world and the truth about private barrel picks. As a member of the CBC I've been on 15 Barrel picks and as a guest on other tasting panels the number is over 20 private picks in 2 years. I've met my heroes Jim Rutledge, Jimmy and Eddie Russell. I've tasted amazing whiskies and drank my share of crap.


However, over the last two years I've gained a perspective. My own understanding right or wrong of the bourbon universe. And this has lead to the conclusion that I have something to say. You don't have to agree with me and if you don't all the better. But it's been an interesting ride over the last two years and I'm gonna share what I think I learned. So this is the reboot of The WhiskeySeeker blog and if you don't like it then go drink some vodka. If you like it share it and leave me a comment. I hope to update the look and navigation of my pages here so hang in with me.  So here we go my first post will be on the hand wringing over the bourbon stolen in "Pappy Gate"! See you guys soon.