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.