Former U.S. Foodservice Execs Plead Not Guilty

NEW YORK - Two former top executives of U.S. Foodservice, Inc., pleaded not guilty yesterday to charges they falsely inflated the second largest U.S. distributor's revenue to win bonuses, causing the firm's Dutch parent Royal Ahold NV to overstate income by more than $800 million over three years, according to various news reports.

Former cfo Michael J. Resnick and former Executive Vice President for Marketing Mark P. Kaiser were arraigned in Manhattan federal court on charges of conspiracy, securities fraud and making false filings to the Securities and Exchange Commission. They were released on $500,000 bond apiece. No trial date has been set.

Prosecutors contend the two men and two lower-level purchasing executives, Timothy J. Lee and William F. Carter, falsified the amount of rebate money that U.S. Foodservice was receiving from suppliers to meet budget targets to which their bonuses were tied. Carter and Lee have already pleaded guilty to participating in the scheme and to conspiring with suppliers to mislead U.S. Foodservice's auditors.

Prosecutors were quoted as saying this week that they are looking at all 125 rebate contracts from 2000 to 2003. Some of the food industry's giants, including Sara Lee Corp., Tyson Foods Inc. and ConAgra Foods Inc., have acknowledged being contacted by investigators, although it is unclear whether any employees of larger companies have been implicated.

The scandal reportedly has not forced major changes in the pricing system in which suppliers rebate part of their revenue to the distributors that promote and sell their products to customers such as restaurants and cafeterias. Sysco Corp., Houston, the nation's largest food distributor, reassured investors that it was properly accounting for rebates, and many smaller suppliers and distributors immediately tightened up their rebate tracking systems.

Since then, concerns have died down substantially, analysts were observed as commenting. "Most of those issues are off the table," said Jason D. Whitmer, who follows the food industry for FTN Midwest Research. "I think (the U.S. Foodservice scandal) is what it is. There isn't a lot of direct relevance to the marketplace."

Members help make our journalism possible. Become a Restaurant Business member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.

Multimedia

Exclusive Content

Financing

Despite their complaints, customers keep flocking to Chipotle

The Bottom Line: The chain continued to be a juggernaut last quarter, with strong sales and traffic growth, despite frequent social media complaints about shrinkflation or other challenges.

Operations

Hitting resistance elsewhere, ghost kitchens and virtual concepts find a happy home in family dining

Reality Check: Old-guard chains are finding the alternative operations to be persistently effective side hustles.

Financing

The Tijuana Flats bankruptcy highlights the dangers of menu miscues

The Bottom Line: The fast-casual chain’s problems following new menu debuts in 2021 and 2022 show that adding new items isn’t always the right idea.

Trending

More from our partners