Monday, January 30, 2023

Homer's Ice Cream, Wilmette, Illinois, Fabricated (Fiction) a "Legend" about Al Capone.

THE AL CAPONE LEGEND PER HOMER'S ICE CREAM IS AN OUTRIGHT LIE: 
From Homer's website: "In 1935, restaurant owner Gus Poulos created his first batch of homemade ice cream that was far richer and more satisfying than any other in that era anywhere in Chicago."
From Homer's Ice Cream at 1237 Green Bay Road, Wilmette, Illinois, website.


"Word traveled fast about the quality of Homer's Ice Cream. Its humble beginnings as a two-table ice cream parlor lasted only briefly. Soon, people from all around, up and down Chicago's North Shore, came to Homer's. In fact, Homers Wilmette Restaurant and Ice Cream Parlor, located at 1237 Green Bay Road in Wilmette, IL, is the original location."

"Legend has it, Al Capone, having a lakefront house in nearby Glencoe, was a frequent visitor and most appreciative customer. Al Capone spent many hours in the Wilmette location and always had an unusual entourage. He was one of Gus' most pleasant customers."
Website Screen Capture 02/25/2023 - Click to Enlarge.





Questionable (marketing) statement on Homer's website: "Today, many prominent dignitaries and entertainment stars religiously request varieties of Homer's Ice Creams sent to hotel suites, private homes, and assorted entourages when in Chicago." 
Homer's opened a second store at 1534 East Lake Street, Glenview, Illinois, in September 1996.
The Onion, Chicago, September 09, 2010. Owner Dean Poulos (Right) and son Andy Poulos (Left).



THE FACTS:
Al Capone NEVER stepped foot in Homer's Ice Cream at 1237 Green Bay Road, Wilmette, Illinois. 



Capone purchased a house on Palm Island, Florida, in 1928. 

In 1931, Al Capone was tried and convicted of not paying taxes in an effort by authorities to put him behind bars for a long time, finally sentencing Capone to 11 years in federal prison. On May 4, 1932, Al Capone was put onto a special rail car on the Dixie Flyer, under heavy guard, en route to the U.S. Penitentiary in Atlanta, Georgia. By bribing the guards, he lived in a cell with amenities other prisoners didn't get.

It was decided that Capone needed reforming, so he was transferred to  Alcatraz "The Rock" Federal Prison in San Francisco Bay's Golden Gate Area in California on August 22, 1934. Al Capone was in the first group of inmates incarcerated on The Rock, a year BEFORE Homer's Restaurant and Ice Cream Parlor opened in 1935.
 
Inmate № 85, Al Capone, 35 years old, immediately tried to assert his dominance and bribe his way to control. Alcatraz's first warden, James A. Johnston, shut down that idea, to which Capone said: "It looks like Alcatraz has me licked."
 
Al Capone served a total of 4 1/2 years at Alcatraz. Suffering from paresis (partial paralysis) derived from syphilis, his brain significantly deteriorated during his confinement. He was transferred to Terminal Island Prison in Southern California for the remainder of his sentence. Capone was released from Alcatraz on January 6, 1939. Paroled from Terminal Island on November 16, 1939, Capone was transferred to a Baltimore mental hospital before returning to his Florida estate. Capone lived in Florida until he died in 1947. 

His wife, Mary "Mae" Josephine Capone, sold the Florida property in 1952. Mae died in Hollywood, Florida, on April 16, 1986.

sidebar
The Internet Archive first captured Homer's Ice Cream's website on April 7, 2003. It turns out that DEAN POULOS, Gus Poulos' son claimed: "Legend has it Al Capone, having a lakefront house in nearby Glencoe, was a frequent visitor and most appreciative customer. Al Capone spent many hours in the Wilmette location and always had an unusual entourage. He was one of Gus' most pleasant customers." For the next 20 years, two generations of the family continued with the lie. 

HOMER'S ICE CREAM RESPONSES:
HOMER ICE CREAM 
We have no need to lie about anything. The only thing this article proves is that Capone was in prison from 1932-1939. Gus Poulos was making ice cream in Wilmette since 1926, just down the street from the current location. So while the Homer's you know it as today was opened in 1935, there's a chunk of his life missing from that article, as well as the 8 years after he was released. If you're saying you have empirical knowledge as to his whereabouts for the entirety of his life after prison and before prison, we'd love to see such documentation.

"Gus Poulos was making ice cream in Wilmette since 1926, just down the street from the current location," is another deception tactic! The Sweet Shop was not in Wilmette but in Winnetka. 

Below is the Circuit Court of Cook County, Illinois law suite for stealing money from the family-owned business filed by family members, and five articles, 2015-2016, about Poulos' legal issues. 

sidebar
Via research: Gus E. Poulos operated the "Sweet Shop Ice Cream Parlor" in the Ayres Boal Building, built in 1913, on the Northeast corner of Elm Street and Lincoln Avenue in Winnetka from 1926 to 1936, with his brother, James. 

The Sweet Shop opened in 1922 (after the Winnetka State Bank, the first occupant of the corner storefront, moved to a new site just east) and remained a popular destination for more than 80 years, becoming the Depot Diner in the 1980s, and finally closing in 2008.

DR. GALE
I'm friends with Deirdre Capone, Al's grand-niece. We've been friends for over 10 years. Contrary to popular belief, no evidence suggests that Al Capone ever resided in Glencoe, Illinois. While some sources might mention Glencoe in relation to Capone, it’s likely due to confusion with other events or figures associated with the notorious gangster.

During his rise to power in the 1920s, he owned several properties in various Chicago neighborhoods, including Cicero and Mount Greenwood. Following his release from Alcatraz in 1934, he spent his final years in a seaside mansion on Palm Island, Florida.

Some other prominent Chicago gangsters of the era did have connections to Glencoe. For example, Jake "Greasy Thumb" Guzik, a close associate of Capone, reportedly owned a summer home in the town.

Therefore, while Glencoe might be mentioned in some contexts alongside Al Capone, it’s important to note that there’s no historical record of him ever residing there.

Please provide the name of the company and address of where Gus Poulos worked in Wilmette making ice cream in 1926.

My statement, "Al Capone NEVER stepped foot in Homer's Ice Cream at 1237 Green Bay Road, Wilmette, Illinois," is 100% accurate. The way it is written on your website is NOT TRUE. How about telling the truth

HOMER ICE CREAM
The phrase "legend has it" refers to a story or tale passed down from one generation to another. It is not a statement of fact. This isn't a documentary page about Al Capone. If the idea of him eating ice cream in Wilmette, whether he lived in Glencoe or not, is so offensive to your sense of reality you are welcome to believe whatever makes you happiest.

DR. GALE
Deliberately misleading consumers, knowing the story is a lie, is considered misleading or deceptive advertising. The statement is being used to make a factual claim about the business's history, regardless of prefacing the statement with "legend has it," then it's problematic. On their website, Homer's Ice Cream banks readers are less likely to understand that the claim is unverified, so it's considered manipulative.

Even if a business uses "legend has it" in a playful way, it could still be held liable for false or misleading advertising if the claims it makes are demonstrably untrue. Businesses are responsible for being truthful and transparent with their customers, even when using creative language. Using "legend has it" to skirt around the truth could be seen as unethical. Building trust with customers is essential for any business. If used to make false claims about product efficacy, origin, or history, "legend has it" can be seen as an unethical marketing tactic that exploits consumer trust in the brand.

In conclusion, "legend has it" is not a magic shield against legal or ethical repercussions. Businesses should use it responsibly, ensuring that the content remains playful and doesn't mislead consumers. It makes one wonder what other information presented a FACTUAL Homer's Ice Cream in Wilmette, Illinois, has used. Are the Ice cream ingredients, calories, sodium content, carbohydrate counts, and is Homer's really using natural flavors? You can see where lying can trap a company into customers being doubtful. Homer's won't correct their historical lie!



ILLINOIS SECRETARY OF STATE CORPORATE ANNUAL REPORTS: 2013 & 2023



IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS, CHANCERY DIVISION.

Plaintiff,
STEPHEN G. POULOS, through CRAIG POULOS and TODD POULOS, his agents under his Power of Attorney.
V.
Defendants,
ANDREW DEAN POULOS and JON D. POULOS,
and
HOMER'S ICE CREAM, INC., an Illinois corporation, and POULOS ASSOCIATES, an Illinois general partnership
 
COMPLAINT
Dean Poulos and Jon D. Poulos have diverted funds from the family-owned ice cream business for their own personal benefit.

Under Dean's management, the businesses have deteriorated and lost money, have not regularly paid debts when due, and owe considerable money to creditors. Furthermore, beyond this gross mismanagement, Dean and Jon diverted funds from the family-owned ice cream business for their personal benefit.

APRIL 22, 2015, via Scribd



Crain's Chicago Business, April 23, 2015

The family that owns Homer's Ice Cream in Wilmette is fighting in court.

A son of the founder of Homer's Ice Cream is accusing his two brothers of skimming cash from the Wilmette institution and letting the 80-year-old business fall into debt, disrepair and unprofitability.

In a filing yesterday in Cook County Circuit Court, Stephen Poulos alleges breach of fiduciary responsibility by brothers Dean and Jon and seeks dissolution of the partnership and appointment of a liquidating trustee.

The three sons of founder Gus Poulos are equal partners in the enterprise, according to the lawsuit, which said Dean became president about 2010 when Stephen suffered increasingly from Alzheimer's disease. The action was brought by Stephen's sons Craig and Todd through a 2009 power of attorney, the lawsuit said.

The lawsuit alleged that since at least 2011, Dean and Jon took more than $220,000 in “shareholder advances” for expenses that included membership dues at the Glen Club on the North Shore. It also alleged that Dean “has engaged in a practice of skimming cash received from Homer's sale proceeds without accounting the proceeds on Homer's books and records” while making payments to himself and Jon but not to Stephen.

Reached at Homer's, Dean, 62, said he received a copy of the lawsuit today and declined to comment "until I talk to my attorneys to see what it entails."

Referring to his nephews, the plaintiffs, he said, "If their father knew what was happening, he would be very disgraced."

Homer's lost money during the first two months of this year after annual profit in 2014 dwindled to $30,000 from $105,000 the year before, according to the filing. “Despite Homer's dire financial outlook, Dean has continuously caused Homer's to pay him a substantial salary as an 'officer,' even giving himself a raise from $156,000 in 2013 to more than $185,000 in 2014,” the lawsuit said.

Starting as a two-table ice cream parlor, Homer's grew into a restaurant and manufacturer. Among its accolades is being named to a top 10 list by Bon Appetit magazine. However, the lawsuit claimed the restaurant today "appears dirty and is in need of substantial repairs and updating."

The lawsuit alleged that Homer's lost its “secret recipe” to a company it contracted with to produce ice cream for restaurant customers, including P.F. Chang's and Maggiano's. It blamed Dean for the lack of a written agreement, which allowed “the third party eventually (to) cut Homer's out of the deal.”

According to the lawsuit, Dean rebuffed an attempt by Craig and Todd, identified as founders of medical device companies, to take over their father's role in the company. Instead, Dean became president in 2010 and “announced that he would manage the business exclusively with his sons,” the lawsuit said.

It further alleged that Dean induced Stephen to write a $50,000 check to Homer's on the last day of 2010 when Dean “knew or should have known that Stephen's cognitive impairment had progressed to a point where Stephen was not aware of the impact or consequences of his actions.”

By Steven R. Strahler



The Patch, Winnetka-Glencoe, IL., April 27, 2015 

Suit brought on by nephews, owners Dean and Jon allegedly paid themselves big time while allowing business to slip.

A pair of brothers are accused of skimming cash from their family business, allowing Homer’s Ice Cream in Wilmette to fall into debt, disrepair and unprofitably.

A lawsuit was filed this week in Cook County Circuit Court by the sons of Stephen Poulos on their father’s behalf, alleging their uncles, Dean and Jon Poulos, kept lofty salaries for themselves while not providing anything to Stephen, according to Crain’s Chicago Business.

Stephen, Dean and Jon are the sons of Gus Poulos, who founded the 80-year-old Wilmette staple at 1237 Green Bay Road. The three are equal partners in the business, the lawsuit stated.

Stephen had originally been president of the operation, but that changed in 2010 when Dean was appointed due to Stephen’s increasingly developing Alzheimer’s disease.

Over the last four years, Dean and Jon took more than $220,000 in “shareholder advances” for membership dues at the Glen Club among other expenses, the suit states, in addition to accusing Dean of skimming cash from sale proceeds without accounting for the proceeds on Homer’s records.

Despite an annual profit that dipped from $105,000 to $30,000 from 2013 to 2014, Dean still compensated himself as an ‘officer,’ providing himself with a raise from $156,000 in 2013 to $185,000.

By Tim Moran



Homer's Ice Cream, the 80-year-old Wilmette ice cream emporium that has become a North Shore landmark, is now the subject of a family feud in Cook County Circuit Court.

Todd and Craig Poulos, grandsons of founder Gus Poulos, filed suit April 22 against their uncles, Dean and Jon Poulos, on behalf of their father, Stephen Poulos of Wilmette, who is, according to the filing, suffering from Alzheimer's Disease.

The plaintiffs are asking the court to dissolve the Poulos brothers' three-way partnership in Homer's Ice Cream, to appoint a liquidation trustee for the business and to levy compensatory and punitive damages against Dean and Jon Poulos on behalf of Stephen Poulos.

Not only did Stephen Poulos' brothers take advantage of his decreased mental acuity by convincing him in 2010 to loan $50,000 of his own money to the business, but the suit alleges Dean Poulos, in his role as Homer's President, has mismanaged it and its connected businesses into losses, increasing debt and physical disrepair.

The charges are both false and hurtful, Dean Poulos said on April 27.

"I categorically have gone through each and every assessment and can tell you how wrong so many of these assumptions are," he said. "Unfortunately, or fortunately, my brother is not cognizant of what his sons are doing right now. He'd be so disgusted. For his children to say, after all these years, that I'm trying to do anything at all ill against my brother is so hurtful."

Dean Poulos also said that adding his brother Jon to the lawsuit "is a travesty."

Gus Poulos, the father of Stephen, Dean and Jon Poulos, founded Homer's Ice Cream in 1935 as a two-table ice cream parlor selling gourmet homemade ice cream. Since that time, the business has won numerous accolades, the suit states.

"Under Dean's management, the businesses have deteriorated and lost money, have not regularly paid debts when due, and owe considerable money to creditors," the suit states. "Furthermore, beyond this gross mismanagement, Dean and Jon have diverted funds from the family-owned ice cream business for their own personal benefit."

The suit alleges that Dean Poulos, a Glenview resident, and Jon Poulos, who has lived in Florida for more than 20 years, have used company coffers "as their personal piggy banks" to the tune of more than $220,000 in so-called stockholder advances that have not been repaid.

Among the items allegedly improperly paid for on the brothers' behalf by Homer's, according to the suit:
  • Membership dues and other costs of $7,700 for Dean Poulos at the Glen Club, a Chicago area golf club;
  • An estimated $54,000 in nine separate wire transfers or checks made out to Jon Poulos between December 2013 and December 2014;
  • The mortgage, fees and costs associated with a California condominium unit "for which Dean solely benefits," according to the suit.
The suit also charges that the two defendants deliberately blocked Stephen Poulos' sons from taking part in Homer's management, despite their 2010 request to be brought onto the team after their father's progressive cognitive deterioration forced him to step down as president. Instead, Dean Poulos announced he would become president and would manage the business "exclusively with his sons," it states.

Since that time, Todd and Craig Poulos allege, their uncles tried to keep them from seeing the company's books. The company's accountant stated in 2011 that he would not open the books to them "on the advice of his counsel," their lawsuit charges.

Only a 2013 lawsuit convinced Dean Poulos to allow his nephews to view the company's financial status, the suit alleges.

However, Dean Poulos said that Todd and Craig Poulos dropped their 2013 legal action after an investigation into the business showed no wrongdoing.

"Contrary to their (current lawsuit), I offered in my office for them to go through everything, all the records. They reneged and chose to do it in court. … They dropped the lawsuit. I'm confident the same thing is going to happen this time," he said.

In the current lawsuit, Todd and Craig Poulos say they discovered that Dean Poulos' management lost the company a valuable wholesale contract to produce ice cream for restaurants, including Maggiano's and P.F. Chang's.

That happened after the lack of a written agreement with the third party producing Homer's ice cream allowed that party to use Homer's so-called "secret recipe" and eventually cut Homer's out of the restaurant deal, the suit states.

Dean Poulos' management practices allegedly include a habit of skimming cash receipts for personal use, the suit states, and giving himself a raise from a salary of $156,000 in 2013 to $185,000 in 2014.

At the same time, the plaintiffs allege, their eventual access to Homer's books shows that the company "realized a profit of only $105,000 in 2013 and, not surprisingly, less than $30,000 in 2014." This year, the suit says, "appears even grimmer, as Homer's recorded losses in both January and February."

Poulos, on April 27 denied that the business was in any danger of closing.

"Sure, business is tough, and we go through cycles, just like any other business, especially with cold winters like this year and last year that are bad for the ice cream business," he said. "But Homer's is not going anywhere, not melting down, or anything that they say."

By Kathy Routliffe



New Trier News, May 21, 2015

Homer’s Ice Cream, a longtime North Shore landmark, has become the center of a lawsuit amidst rumors of closing.

Homer’s was founded by Gus Poulos in 1935, and since then has been a roaring success with residents of the North Shore.

However, the success of the shop itself may not be enough to keep it up and running. Under accusations of mismanagement, a lawsuit is being filed by Todd and Craig Poulos on behalf of their father, Stephen Poulos, a co-owner of Homer’s Ice Cream and son of Gus Poulos.

The sons claim that Stephen’s brothers and co-owners, Dean and Jon Poulos, have been taking advantage of their father’s deteriorating mental state, according to the Chicago Tribune.

The Tribune also reports that the suit is being filed under accusations of Dean and Jon Poulos using the profits Homer’s reaped “as their personal piggy banks.”

The suit alleges that Dean Poulos has used Homer’s profits to raise his own salary from $156,000 in 2013 to $185,000 in 2014, pay his $7,700 membership fees at the Glen Club, a golf club in Chicago, and pay the dues for his personal condominium in California. The suit also alleges that roughly $54,000 was transferred to Jon Poulos between December 2013 and December 2014.

Although he manages it with his brothers, taking over after Stephen Poulos’ mental health forced him to step down, Dean Poulos is actually the president of Homer’s Ice Cream. And according to Todd and Craig, his management, while president has been doing more to hurt the business than just skimming from the company’s bank account.

Poulos allegedly lost Homer’s a large contract to produce ice cream for a number of restaurants, such as Maggiano’s and P.F. Chang’s, according to the suit.

That occurred when the lack of a written agreement allowed the third-party producer of Homer’s ice cream to steal their “secret recipe” and cut Homer’s out of the deal.

However, both Dean and Jon Poulos are calling these charges false and hurtful. Dean Poulos commented on this lawsuit, saying to the Tribune, “Unfortunately, or fortunately, my brother is not cognizant of what his sons are doing right now. He’d be so disgusted. For his children to say, after all these years, that I’m trying to do anything at all ill against my brother is so hurtful.”

The suit also states that Dean and Jon Poulos deliberately blocked Todd and Craig Poulos from participating in Homer’s management.

When Stephen Poulos stepped down as president in 2010, Todd and Craig Poulos were denied their request to be brought into the management team. Instead, Dean Poulos announced that he would become president and would manage Homer’s “exclusively with his sons.”

Todd and Craig Poulos also allege that the company books, to which they were able to gain access due to a previous lawsuit, revealed that Homer’s “realized a profit of only $105,000 in 2013 and less than $30,000 in 2014” and that this year “appears even grimmer, as Homer’s recorded losses in both January and February.”

Ultimately, Dean Poulos denies that Homer’s is in any danger of closing, according to the Tribune, “Sure, business is tough, and we go through cycles, just like any other business, especially with cold winters like this year and last year that are bad for the ice cream business,” he said. “But Homer’s is not going anywhere, not melting down, or anything that they say.”

by Sarah Zhang and Anna Ferguson



Crain's Chicago Business, October 05, 2016

The family that owns Homer's Ice Cream in Wilmette is fighting in court.

The family dispute over Homer's Ice Cream has taken another twist: A co-owner sued a law firm for the Wilmette business, alleging it advised two brothers of the ailing co-owner to forge his signature or induce him to sign a change-of-control agreement.

In a Sept. 30 filing in Cook County Circuit Court, David Najarian and his Wilmette law firm are accused of negligence or, alternately, breach of fiduciary duty, and of aiding and abetting breach of fiduciary duty.

“No comment,” Najarian said this morning.

Stephen Poulos last year sued his brothers Dean and Jon for breach of fiduciary duty and sought dissolution of their joint ownership of the 81-year-old North Shore institution and appointment of a liquidating trustee. 

Last week's filing by Stephen and two sons alleges that Najarian's firm “knew Stephen no longer possessed the capacity to manage his financial affairs, let alone enter into binding agreements” after seeking treatment for Alzheimer's disease in 2009.

Stephen's sons Craig and Todd gained their father's power of attorney in 2009, according to the complaint, which alleges that on or after Sept. 30, 2010, the Najarian firm assisted Dean and Jon in getting Stephen to sign the ownership agreement or advised forging his signature on it.

Craig and Todd did not learn of the existence of the agreement, the new filing said, until it was produced last year in the earlier lawsuit.

“The execution of the agreement was part of Dean and Jon's plan to obtain control of the business and to prevent Stephen from participating in the management of the business or from transferring his interests in the business to his sons,” the latest complaint says.

Homer's was founded by Gus Poulos, father of the three brothers.

By Steven R. Strahler



Fabricated History Corrected After 124 Years
Dr. Gale exposes Pabst's false claim of winning a Blue Ribbon (or Gold Medal) at the 1893 World’s Columbian Exposition in Chicago. 
 
Dr. Neil Gale's work in bringing to light the published 1893 contest rules played a crucial role in prompting Pabst to finally address and correct the false claim about their "blue ribbon" award. His meticulous research and use of a definitive source like the official Exposition rules added significant weight to his argument and ultimately forced Pabst Brewery, Pabst Mansion, and the Wisconsin Historical Society to acknowledge the truth. This highlights the importance of using credible sources and verifiable evidence when challenging unsubstantiated claims, especially those used for marketing purposes. The misinformation on their websites was corrected in 2017. 
 
Dr. Gale's efforts serve as an example of how diligent research and a commitment to factual accuracy can lead to positive change. 



Compiled by Dr. Neil Gale, Ph.D.



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1237 Green Bay Road Wilmette, IL

4 comments:

  1. Nice follow up with the facts, though it made a good scoop of a story, so to speak. And I don't suppose Baby Face Nelson stopped in the night the Feds chased after him from Barrington to Wilmette, where he died on Walnut Avenue if I have that right?

    ReplyDelete
    Replies
    1. The Story of the Battle of Barrington, Illinois - John Dillinger.
      MY ARTICLE ─► https://drloihjournal.blogspot.com/2019/05/the-story-of-battle-of-barrington-illinois.html

      Delete
  2. How is Homers Ice Cream related (if any) to Margie Ice Cream in Chicago same Last name is that just a coincidence ?

    Per Chicago Block Club
    "The third-generation owner of Margie’s Candies died last month, ushering in a new chapter for the beloved neighborhood institution.

    Peter George Poulos died of cancer April 26, his family said. He was 86.

    Poulos had run the old-fashioned ice cream and confectionary shop for decades, hand-dipping candy and joyfully helping customers just as his mother, Margie, had for years before him.

    Now, Poulos’ son, George, is taking the reins as fourth-generation owner and operator, carrying on the family legacy.

    ReplyDelete
    Replies
    1. After searching Find a Grave, I could not connect the two Poulos'

      Delete

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