Chicago Sun-Times

CHICAGO WEED GIANT ILLEGALLY TRANSPORTE­D POT — STASHED IN WHOLE FOODS SALADS — TO ARKANSAS, FEDERAL SUIT SAYS

Verano Holdings fires back, calls claims ‘totally false and absurd’

- BY TOM SCHUBA, STAFF REPORTER tschuba@suntimes.com | @TomSchuba

Verano Holdings, a Chicago weed firm worth roughly $3 billion, was sued Monday in federal court as part of a sweeping racketeeri­ng complaint that accuses the company of illegally traffickin­g marijuana from Illinois to Arkansas.

The lawsuit filed in Colorado alleges a complicate­d conspiracy that allegedly included the company and Harvest Health & Recreation, an Arizona firm that attempted to acquire Verano for $850 million in March 2019.

The plaintiff, Nicholas Nielsen, worked for a cultivatio­n center in Newport, Arkansas, that was owned by Natural State Wellness Enterprise­s and managed by Harvest as the company worked in lockstep with Verano as the acquisitio­n was pending. The deal fizzled, however.

The suit hinges on Nielsen’s arrest last January in Jonesboro, Arkansas, where police raided his home after uncovering 28 harvested pot plants in his garbage can, the Van Buren County Democrat reported. Nielsen was then arrested and charged after the cops found two more plants inside the home along with other pot products and parapherna­lia.

However, the suit claims those plants were actually being cultivated for the Newport greenhouse while it was awaiting approval from state officials.

The cultivatio­n center’s chief grower previously said agents with the Arkansas Alcoholic Beverage Control Division showed up there during the raid and learned plants at the facility came from Nielsen’s home, according to the local news report.

The suit claims the plants at Nielsen’s home were allegedly grown from clippings brought to Arkansas by Michael Frontier, a Verano employee who was indicted in federal court in Chicago in October 2019 for allegedly running an illegal gambling business in an action unrelated to his work in the pot industry.

In April 2019, Frontier — who was still an employee of Verano — was introduced to Nielsen as Harvest’s central regional cultivatio­n manager, the suit states. Two months later, Frontier was allegedly “instructed by his employer” to take young cannabis plants from an unnamed Verano facility in Illinois and transport them to Arkansas.

Frontier allegedly hid four different pot strains in Whole Foods salads and took the weed on a commercial flight from Chicago to Memphis, the suit contends. From there, Frontier allegedly rented a car and drove the marijuana to Nielsen in Arkansas.

In the suit, Nielsen claims Harvest initially told him that it was legal to grow the plants at the makeshift cultivatio­n facility in his home, which the company allegedly financed. But following the raid, the suit notes that Nielsen was fired by Harvest “as a result of his arrest.”

Nielsen now faces felony counts of manufactur­e of a controlled substance, possession of a controlled substance and possession of drug parapherna­lia.

Frontier has not been charged in connection with the allegation­s, nor has anyone else listed in the lawsuit. Nielsen’s attorney, Matthew Buck, said his client hasn’t reported anyone else to law enforcemen­t, though he said Nielsen “would definitely testify against all of them” in a criminal case.

The suit includes dozens of codefendan­ts, including Verano CEO George Archos and other company executives. And it also targets individual­s tied to Harvest and Natural State Wellness, as well as various investors and a credit union in Colorado accused of laundering money in connection to the alleged traffickin­g scheme.

All the parties engaged in an illegal interstate drug enterprise in violation of the Racketeer Influenced and Corrupt Organizati­ons Act, the suit claims. The complaint was filed in Nielsen’s home state, where some of the defendants also live and do business.

The suit comes just weeks after Verano began trading publicly in Canada with a valuation of nearly $3 billion, making it one of the biggest weed firms in the U.S.

In a statement, Buck said Verano and its board of directors “wantonly violated Illinois state law, as well as federal law, when they had their employee traffic marijuana from Verano’s cultivatio­n facility to Arkansas.”

“It’s unconscion­able that lowlevel employees take the fall while Verano’s board continues to make money off of their illegal conduct,” Buck said.

Buck said his client intends to ask for more than $6 million from the defendants as a group under RICO, as well as the same amount from each individual defendant.

Pot firms push back against claims

Verano claimed the allegation­s in the suit “are completely and totally false and absurd.”

“The plaintiff and his lawyer have turned an employment dispute between a former Harvest employee and his employer into a sensationa­lized and imagined series of events aimed at a company like Verano with a proven track record of compliant operations,” spokesman Dennis Culloton said in a statement. “Verano and its affiliates are proud of their strict compliance with and adherence to state laws and regulation­s, and any insinuatio­n to the contrary is completely fictional.”

Harvest also claimed the lawsuit is “replete with inaccuraci­es,” saying it amounts to “nothing more than a thinly veiled shakedown.”

“Knowing his client was legally bound to take any dispute to binding confidenti­al arbitratio­n, Mr. Nielsen’s lawyer threatened to unleash a smear campaign by filing a lawsuit filled with damaging false informatio­n unless we paid him millions of dollars,” spokesman Terry Fahn said in a statement. “He went so far as to threaten what he believed the headline emanating from the lawsuit would be.”

Fahn noted that Harvest has filed a motion to compel arbitratio­n, and both firms vowed to fight the suit in court.

Frontier’s attorney didn’t immediatel­y respond to a request for comment.

 ?? MENGSHIN LIN/SUN-TIMES FILE ?? Verano Holdings is located at 415 N. Dearborn St.
MENGSHIN LIN/SUN-TIMES FILE Verano Holdings is located at 415 N. Dearborn St.

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