Ghilarducci’s attorney defends former CEO

Lawyer says creamery boss “worked tirelessly” to protect the creamery and its members and that current problems are “structural business” issues, “not of his client’s making”

Originally published in the "3-19-09" issue.

For the first time, former Humboldt Creamery CEO Rich Ghilarducci’s attorney is speaking publicly about his client. Civil and white collar criminal attorney Elliot Peters of the San Francisco law firm Keker and Van Nest told The Enterprise that his client “has never taken a cent improperly from the company.” The Enterprise has attempted multiple times to reach Elliot since Ghilarducci’s sudden resignation in late February. Calls and emails to the attorney were ignored. However, after Enterprise editor Caroline Titus was interviewed by National Public Radio’s California Report on Friday.

Former Humboldt Creamery CEO Rich Ghilarducci’s attorney, Elliot Peters of San Francisco law firm Keker and Van Nest.

Peters responded to a call from the program, stating that Ghilarducci was innocent of any wrongdoing and had in fact infused the creamery with $200,000 of his own money so the company could meet payroll before he resigned. Peters responded Friday night to an Enterprise email attempt to confirm the statement and get more details.

“You are a journalist?” Peters responded. “I had the impression you just printed what the creamery's LA publicist and its San Francisco big firm lawyers from Bingham McCutchen told you to print.”

Peters continued defending his client.

“Rich worked tirelessly for years to protect the creamery and itsmembers. Its problems today are structural business problems and not issues of Rich's making. Rich tried only to solve the creamery's problems.”

Peters then took issue with the current management’s statements alleging Ghilarducci committed fraud.

“It is cowardly and reprehensible for the creamery's current CEO to suggest otherwise,” continued Peters. “Rich's dedication to the wellbeing of the creamery and the dairymen was so great that one of his last acts as CEO was to use most of his own net worth to put his cash into the company so that it could make payroll. He has never taken a cent improperly from the company.”

Peters concluded by stating that eventually his client will be exonerated.

“Time and the truth will reveal Rich's longstanding dedication to his friends and his community,” hewrote. “Those who believe in him are right. Those who criticize him will be proven wrong.”

Follow-up emails and calls by The Enterprise to Peters attempting to clarify his statements went unanswered.

The creamery’s Interim CEO Len Mayer when informed of Peters’ comments, said he “no idea” what Ghilarducci’s attorney was referring to regarding the former CEO’s infusion of $200,000 cash and called Peters’ statements “a mischaracterization of any investment” Ghilarducci may have made.

“I'm pretty confident nothing like that ever happened,” he said. “I can say that FBI, SEC (Securities Exchange Commission) and the Justice Department are aware of efforts so far and I'm pretty confident they will uncover the truth. In the meantime, board and staff are working hard to move the creamery forward. What happened in past is or will soon be in hands of folks well equipped to uncover all the facts.”