An Offer No REasonable Man Could Refuse

It was an ordinary business lunch at an ordinary restaurant in the Town Center in Virginia Beach, mid-August 2006. For me, it was the closest a man gets to walking on air while eating a BBQ pork sandwich and onion rings at a Red-Star Tavern.

Wachovia, in the form of a loan officer named Tom Mitchell, was wining and dining me and my thriving jewelry chain, which I’d grown to six doors in three years. He’d been sent to me by the worldwide banking giant’s regional president, Jeff Dykman, who not only wanted to take my business from the smaller regional chain of BB&T, but to have me open Store No. 7 proximate to what was to have been the “Wachovia Center” in downtown Norfolk. No one had ever asked me to open another store, and that really fed my ego.

No. 7 was to be fully funded with a Five Year Note, stocked like none of the other six doors, a crowning achievement for our business. It was also something of a personal laurel-wreath: The Five Year Note Tom offered was non-demand—the best kind of note. Unlike a demand note, which a bank can place into default any time they wished, this couldn’t be “called” so long as we made the monthly payments.

As a student of the diamond and jewelry trade, I was deeply aware of what that Note symbolized. On the surface, Tom was just your typical mid-America loan officer, a former jock who’d probably gotten his job because he connected easily and naturally with people, a type more friendly than bright, who from mid-school on was used to people wanting him in their corner, if only to look cooler than they were. I suppose I too was a typical, if aggressive, mid-Americas retailer. No one in their right mind has ever accused me of being cool.

Beyond that Red-Star Tavern, however, lay a banker-jeweler relationship dating back to 15th-Century Venice—roughly the time when diamond merchants in the small Belgian towns of Bruges and Antwerp first learned the secret of cutting a diamond, the world’s hardest substance. Scratch two diamonds against each other to create diamond dust, collect that dust, use it to “impregnate” a stone wheel, similar to one used in pottery, and you’ve created a diamond surface capable of polishing facets onto a rough stone. These merchants had a new and immensely profitable trade. Located principally in Venice for its central position on waterways connecting northern Europe and India (source not only of diamonds but other precious stones, metals, spices, and other commodities), they were the repositories of a new kind of transportable wealth, one capable of funding not only other merchants but the doges of Venice and soon much of Europe’s royalty. It’s a gross oversimplification, but they in essence became the first private bankers, and a powerful, if secretive connection between the banking and jewelry trades was born. It continued: through the growth of nation-states, of the great cities and population centers, the transformation from monarchies to democracy, and with it, the democratization of wealth and the growth of a retailer class, embodied in that Red-Star Tavern by none other than myself.

It was a heady but also perilous time to be a jeweler. The 21st Century had brought a sea-change to the now $85-billion jewelry trade. Globalism, the massive flow of free information and competition at the top of the supply chain had, for the first time, forced a truly free market upon us, rather than the supply-side cartel put in place by the monolithic diamond miner De Beers at the turn of the 20th Century. Supply-chain visibility, accountability, best-business practices, vertical integration, branding, private-labeling, and added value were, almost overnight, becoming hallmarks of a trade that for centuries had been the provenances of kings, criminals, and shadowy monopolies. Those changes brought less proactive jewelers, designers, manufacturers, and even sightholders—the top diamond cutters who received goods directly from De Beers and the other miners—to their knees, and it made millions for those at the vanguard of those changes. The dividing line was pretty clear: The first, losing group were participants who had long relied and profited on price-competition. With prices already sky-high—the dot.com boom had seen to that—the new metric no longer lay in the black numbers artificially embossed on price-stickers and bar-codes, however. With a spiraling growth of the jewelry-buying public’s ability to educate itself (and compete for buying power) on the internet, the secret to margins and growth now lay in adding value to one’s merchandise.

How I Became a Toxic Asset and Survived!

My story was a harbinger of the destruction of the American capital system as it’s been known since the Reform Acts of 1933.  Local and trade magazines have profiled my overnight descent from pillar of the community to toxic asset when the banking crisis imploded last year.

I owned a fast-grown chain of high-end jewelry shops in the Virginia Beach area, with the civic status and awards expected of a high-profile entrepreneur, and then some. In 2006, I was Virginia Business Magazine’s Success Story of the Year and I had grown my company from one to six stores in three years. Wachovia, America’s quickest-growing bank in  2007, pitched me to replace our prior bank, with an offer no reasonable man could refuse, enabling and encouraging further expansion—even to an overseas factory—with a five year note.

My personal banker faced a failed engagement and demanded a full $15,000 refund on a custom ring we made for him some 18 months before, “or else…”   In April 2008, months before the rest of the country would become aware of the self-destruction of the American banking system, Wachovia invoked what is known as a “nervous clause” to retroactively place my loans into default the prior July, despite the fact they were current. A meeting with their “closeout” men took ten minutes, and I was suddenly standing at the edge of an abyss. My house and personal finances were tied to those notes.

I hired an industry liquidation company to raise cash, and closed two stores, but I was cutting off fingers to save the hand. In June, Wachovia requested a “collateral inspection” as a means to seize $1.7 million still in inventory, though they failed to do it properly by all accounts.   All our accounts were frozen, hard assets locked up, and my chain was extinct. We had been named the 5th “Best Place to Work,” in our region, but were unable to make final payroll for some 35 employees. I became persona non grata in the highly sequestered worldwide diamond chain—much of my inventory was “mine” on credit, and the dealers had no recourse to their goods. One did try—hiring a hit man who threatened me and my family, and placing us on the FBI Victim Assistance list. I injured my back carrying out records and saw my office of seven years for the last time on an ambulance-stretcher.

Wachovia, Wells Fargo,  placed my home into foreclosure, and the local media reported the auction last August.  No bidder showed up—temporary limbo—though federal TARP money did enable Wachovia to pay off my first mortgage and acquired my home in early June this year; they then sold it in a “closed door deal” to the prime suspect in our embezzlement case, dubbed the “largest jewel heist in Virginia Beach history,” by the local NBC affiliate.

This blog is in part the story behind the story reported by the local and trade press.  It is the story of survival and how God can use the most difficult challenges to grow our character.  I’m writing a book but in the meantime, enjoy the blog.  Don’t worry, I’ll add some other things too.

Healing in many forms

Triumph over Adversity was the name of the Virginia Business Magazine article in which I was named “Virginia Success Story” in 2006.  Just two years later we were forced to shut down all seven stores when Wachovia retroactively called our notes in default. We were current in April when they called them, and we began an orderly liquidation of two stores.  Wachovia wanted out quicker than we were able to liquidate, and four days before they had to report their own enormous losses, they seized our inventory under a “collateral inspection.”  My home was placed in foreclosure within 30 days by the bankers looking for quick cash and someone to blame for their own mistakes. My wife and six children were thus forced out of our home of 16 years, and moved to the country, the 4th poorest county in the US, I’m told.  Healing takes many forms.  As I was driving through the country, seeing the cotton fields set against the bright reds and oranges of the maples, and a golden eagle flying over head, I saw a beauty I would have missed just a few years ago.  My creative juices have been released as I have been learning to build jewelry on a computer (take a look at my new web site: www.davidnygaardfinejewelers.com) and can take the design where ever I want, freedom I never experienced with the 7 stores.  The song which grabbed me on the drive was by Michael Card: “It is amazing the freedom we find from the things we leave behind.”