Nightspot Partners Split Ways Swackhammer’S, Mcq’S Owners Sign Agreement

The ongoing dispute over the fate of two Spokane nightspots - Swackhammer’s and McQ’s Billiards - has taken another turn, as the estranged owners agreed to open the books of their financially troubled companies and partner Mitch Henderson agreed to surrender some of his interests.

Henderson, Debbie Fleischer and Lionel Benvenutti have signed a stipulation transferring control of Second Glance Inc and Gaea Group, L.L.C., from the three partners to just Fleischer and Benvenutti.

McQ’s Billiards and Swackhammer’s, restaurants and bars owned by all three under the company McQ’s Entertainment, both closed their doors in September after Swackhammer’s canceled an ambitious lineup of concerts, owing thousands of dollars to bands, booking agents and other businesses.

Fleischer had filed suit against Henderson, her ex-husband, and Benvenutti, charging them with raiding the accounts of Second Glance, a once-successful business that owned a Jenny Craig diet franchise in Boise, and Gaea Group, a real-estate holding partnership, to fund their nightclub business.

Along with removing Henderson as an officer of Second Glance and Gaea Group, the stipulation also gives Fleischer access to the company’s checking account and calls for an accounting of its finances.

The stipulation was signed in response to Fleischer’s Oct. 9 request for a temporary restraining order to remove Henderson and Benvenutti from the company’s accounts and to gain access to the company’s books.

“Henderson and Benvenutti have agreed to give a full accounting,” said Joseph Esposito, Fleischer’s attorney. “We want to find out what happened to the money, but meanwhile, we’ve stopped the bleeding.”

Benvenutti and Henderson are still defendants in Fleischer’s suit to recover money she says is owed or that belonged to Second Glance, which she operated.

In addition, Second Glance, Gaea Group and McQ’s Entertainment still have substantial debts in unpaid taxes and money owed to employees, contractors and vendors.

Henderson may have left Spokane, said Esposito and Tony Grabicki, Benevutti’s lawyer.

Grabicki said his client had nothing to lose with the agreement.

“I think the accounting will show that most, if not all, of the charges will prove to be unfounded or that she authorized them or that she was aware of them in some capacity,” Grabicki said.

Further, the entire issue may be moot, given the shaky ground all three companies stand on, he said.