Luzerne County officials have filed a lawsuit against Jessica Bredbenner, proprietor of The Wandering Brew, a mobile bar business, alleging non-compliance with the American Rescue Plan Act (ARPA) requirements. The lawsuit was filed on Wednesday in Luzerne County Court, naming Bredbenner as the defendant.
Alleged Misuse of ARPA Funds
The lawsuit claims that The Wandering Brew received $45,000 in ARPA funds under the premise of expanding the business to a home-based venue within Luzerne County. Bredbenner described the expansion as a means to “create more jobs and bring more people to Luzerne County,” which was a key factor in the approval of the funds.
Failure to Maintain Financial Accountability
According to the lawsuit, The Wandering Brew failed to adhere to several critical ARPA compliance requirements, including:
- Accounting Practices: The business did not maintain proper accounting records.
- Expense Documentation: There was a lack of documentation regarding how ARPA funds were spent.
- Receipt Maintenance: Bredbenner failed to keep receipts for expenditures.
- Expenditure Itemization: The business did not itemize how each dollar of the $45,000 was utilized.
Lack of Cooperation with County Oversight
The county’s consultant, Booth Management from Maryland, was tasked with monitoring the disbursement and use of ARPA funds. However, Bredbenner allegedly ignored multiple attempts by Booth Management to conduct an on-site visit of The Wandering Brew.
Canceled Site Visits
One significant incident involved a scheduled visit on June 27, which was canceled by Bredbenner four days prior. She reportedly cited attendance at a family wedding in New Jersey as the reason for the cancellation. Despite this, Bredbenner was offered additional opportunities to comply with the county’s requirements, including:
- Consenting to Multi-Day Visits: Allowing extended periods for thorough inspections.
- Open Financial Records: Providing access to bank statements and other financial documents.
- Permit Interviews: Facilitating interviews with employees of The Wandering Brew.
- Documentation of Purchases: Supplying records of equipment and supplies purchased with ARPA funds.
Bredbenner was given a deadline of October 25 to comply with these requests but failed to do so, according to the lawsuit.
Legal Allegations
The lawsuit filed by Attorney Gregory S. Skibitsky on behalf of Luzerne County includes several legal claims against Bredbenner and The Wandering Brew:
- Breach of Contract: Failing to adhere to the terms agreed upon when receiving ARPA funds.
- Unjust Enrichment: Benefiting financially without fulfilling the obligations tied to the funds.
- Fraud: Intentionally misleading the county regarding the use of the funds.
Impact on The Wandering Brew
The Wandering Brew is a mobile bar business that operates by leasing its services for parties, weddings, and other events. Notably, the business does not have a website, and attempts to contact Bredbenner for comment have been unsuccessful. A phone number listed for the business does not accept messages, leaving the proprietor without a response to the allegations.
County’s Stance on Accountability
Luzerne County officials emphasize the importance of transparency and accountability in the use of ARPA funds. The county asserts that such measures are crucial to ensure that financial assistance provided during the pandemic is used appropriately to support economic recovery and community development.
Statement from Luzerne County
“We are committed to ensuring that every dollar allocated through the American Rescue Plan Act is spent as intended to foster growth and stability within our community,” said Gregory S. Skibitsky, attorney representing Luzerne County. “The actions of The Wandering Brew undermine the trust and effectiveness of these vital funds, and we are taking necessary legal steps to address this breach.”
Potential Consequences
If the court rules in favor of Luzerne County, The Wandering Brew and Jessica Bredbenner could face significant financial penalties, including the repayment of the $45,000 ARPA funds, as well as additional fines for breach of contract and fraud.
Future Implications for ARPA Fund Recipients
This lawsuit serves as a stern reminder to other ARPA fund recipients about the importance of compliance with federal and local regulations. Businesses benefiting from such funds must maintain accurate records, provide necessary documentation, and cooperate fully with oversight authorities to avoid similar legal actions.
The legal battle between Luzerne County and The Wandering Brew highlights the ongoing efforts to monitor and enforce the proper use of ARPA funds. As the case unfolds, it underscores the critical need for accountability and transparency in the allocation and utilization of government assistance programs.
