5 New Lawsuits Filed in State Grape Scandal

California’s grape-switching scandal broadened Monday when the state Attorney General’s Office announced that it has filed five more lawsuits against San Joaquin Valley agricultural companies alleging that cheap wine grapes were substituted for expensive grapes.

The suits bring to 14 the number of cases filed, and for the first time defendants other than those connected with an Escalon-based agricultural services company are alleged to have violated the law by passing off cheap grapes as expensive ones.

In all, the state seeks about $8 million in penalties for alleged violations of the state Food and Agriculture Code and the state Business and Professions Code. A number of civil lawsuits have also been filed in which wineries that bought the grapes seek millions of dollars from the grape sellers. At least one case has been settled out of court.

In the five new lawsuits, the state is seeking more than $4.4 million in penalties, a spokesman said. Two were filed in San Joaquin County and one each in Madera, Tulare and Merced counties.

Surfaced in June

In the largest new case, the state accuses Bavaro Bros. of Escalon in San Joaquin County and partners Nick J. Bavaro and Francisco Sam Bavaro of selling 922 tons of Riesling, French Colombard “or some white varietal” grapes and passing them off as Chardonnay. The suit said buyers of the grapes were Delicato Vineyards in Manteca, Charles Krug Winery in the Napa Valley and Sebastiani Vineyards in Sonoma County. None of the buyers was charged.

The state is seeking a civil penalty of $1,035,388 in that case for violations of the food code and an additional $350,000 for violations of the business code.

The scandal surfaced in early June after six cases were filed against the Bavaro company and related companies. However, new defendants emerged in the new filings.

The most prominent new case was in Madera County, in which defendants were listed as D. Papagni Fruit Co.; Rose Papagni; Angelo Papagni; and Papagni Vineyards. Papagni Vineyards was founded in 1973 as a producer of fine-quality table wine.

The suit alleges that the defendants sold what was listed as 689 tons of Zinfandel grapes to Sutter Home Winery in the Napa Valley and to Glen Ellen in Sonoma but that Barbera grapes were delivered. The state seeks $563,231 in civil penalties and $790,000 in additional penalties. The state said the suit was mailed to Madera Superior Court on Monday and will be filed when it is received by the court clerk.