Flat Tail Brewing Part 2: More Than Money Was Stolen

And a club you don't want to be in...

Apr 23, 2026

“There is a case number: 23CN00191. It is public information. You can go to the Benton County Courthouse, access a computer terminal outside of Room 106, and look it up. This is your taxpayer dollars at work… or maybe we should say, not at work. This case number is not about Flat Tail Brewing. It’s about much more than that.”

Cats are considered the most agile creatures on Earth, built with precision and grace. With flexible spines, powerful hind legs, and lightning-fast reflexes, every movement reflects millions of years of evolution as a finely tuned apex predator. And yet, sometimes they get stuck in a tree… and need our help.

Dave Marliave was an apex animal in the world of brewing beer. From early days as a kid in his parents’ garage, through education, experimentation, hard work, and determination, he evolved into a well-known, multiple award-winning brewer. He got stuck in a tree as well. But the system we depend on, vote on, and put our trust in… wasn’t there to help.

Photo: Flat Tail

In a podcast interview, talking about how he started brewing, Dave was quoted as saying, “The best thing you can do is don’t stop asking questions, and find someone who can answer them until you can learn everything… and never stop asking questions.” There are still a lot of questions. But finding someone who can answer them isn’t that easy this time.

As explained in Part 1, by 2018 Flat Tail’s numbers were down, and Iain and Tonya Duncan said the brewery “wasn’t making enough money.” Around that time, Iain had largely stopped showing up, leaving Dave to take on 100% of ownership oversight. Now he was wearing multiple hats, running the restaurant, overseeing operations, and acting as brewmaster, with support from GM Kyle Davis.

Then came the breaking point, in 2019, when his partners suddenly revealed a mountain of debt and said the brewery needed to shut down. That’s when Dave had to add a new hat to his repertoire.

Investigating balance sheets and P&L statements, the numbers didn’t add up. Dave was repeatedly given financials from his partners that didn’t match the previous set. So he finally started asking questions, believing his partners, who were in charge of this, could provide answers. But they kept him stuck in the tree. They withheld information. This was the first miscalculation in seeking help to get down.

The second miscalculation, which we’ll explore more in a separate piece being brewed up, was the justice system itself. The bureaucracy of the bankruptcy courts, and the ability of those with greater wealth and resources to wage a prolonged, uneven battle against a maybe lesser opponent. The common legal strategy of delay and attrition… designed to wear the other side down. In the end, this may not have been Dave vs. Duncan Ventures LLC so much as David vs. Goliath.

Once the numbers did come through, the picture became clearer: tax debts, vendor debts, and multiple other expenses. Unbeknownst to Dave (and other partners), the Duncans said the brewery needed to be shut down.

After almost a decade of operations, success, community-building, and award-winning beer, Dave put on yet another hat, that of an investigator and an accountant. In short, Duncan Culinary Ventures, an LLC, was set up to share payroll with the other restaurants in the venture (all of which have since been shuttered), but that’s not how it was being used. Instead, it functioned as a disguise to move money between businesses and obscure where it was actually going.

After hiring a forensic accountant, Dave found out where the money was really going. Some of these expenses reportedly included trips to Hawaii, Grateful Dead concerts, and donuts for their kids’ fundraisers (which were then sold back to Flat Tail). Not only was money being stolen, but it was also being used to build up a positive reputation in the community. Think about that.

Case No. 19CV29021

After four long years in the legal system, Flat Tail got its trial. It was cut and dry. A 12-person jury returned a unanimous decision on all counts against the Duncans. The jury also dismissed every single counterclaim made by the Duncans. Relief… right?

Duncan Ventures owed $532,000 in restitution and damages… then Duncan Ventures LLC filed for bankruptcy. A bankruptcy filing by people who had just inherited over a million dollars through a trust fund. A bankruptcy filing by two people, with high ranking postions, working at the Corvallis Club. A bankruptcy filing by individuals who had just built a brand-new home (and, as rumor has it, shorted the home builder a five-figure sum on the build). Patterns.

There is far more information here than most readers will take the time to read, over a thousand pages of court documents, trial testimony, timelines, and more. There are stories behind the story. Trials and tribulations of the toll it can take on a person, a business, a family… a person brave enough to fight this battle. We can’t write it all.

The cat is still stuck in the tree. It is incredibly easy to delay trials, hearings, and legal proceedings. It is easy to extend timelines in cases like this. Even after a unanimous jury verdict. It is easy to wear down your opponent… if you have enough money to file endless motions. If you have the wealth… you know… while in bankruptcy court.

The timeline continues to be extended. Most recently, on April 7, 2026, there was an official bankruptcy calendar hearing on the debtors’ “Objection to Claim 6” in case 23-61088-kfe13, involving the Marliave/Johnston claim. Another legal tactic, another delay, another attempt to wear down an opponent… and keep them stuck in that tree.

Based on case filings, this appears to have been the Duncans’ MO since day one.

We hate opinions, but in our opinion, this is not just a story about Dave, it’s a life experience. It’s about finding your own way down, when the justice system we depend on breaks down. Overcoming endless obstacles to become grounded again, to rediscover what you love, and to find happiness.

It’s about seeing through bureaucracy and struggle, and coming to an understanding of what life is really about… or, as Dave puts it, “a moment of elation, and feeling human again.” Even if brief.

It’s nice, as a publication, to have the opportunity to write a “part two” to a story. We hope Dave Marliave gets his part two… a chance to continue perfecting his craft and pursuing his passion. We hope this saga didn’t burn him out, and that passion can be pursued again someday.

There won’t be a part three for us on Flat Tail. But we are brewing up a new chapter:

There is a case number: 23CN00191. It is public information. You can go to the Benton County Courthouse, access a computer terminal outside of Room 106, and look it up. This is your taxpayer dollars at work… or maybe we should say, not at work.

This case is not just about the courts and lawyers; Flat Tail Brewing; it’s about the enforcement system: the Benton County District Attorney’s Office and even the Corvallis Police Department.

There are parties responsible for upholding a judicial order. Signed by a judge. Delivered to the DA, delivered to the police department. Parties on the enforcement side. Branches and organisations, funded through tax-payer dollars, that are responsible for their end of the due process. They didn’t do their job. In fact, they ignored it. They brushed it off. They left the cat in the tree… and moved on. That’s not what Corvallis is about.

We’ll have more on this later, but the Corvallis Club does not appear to be concerned with due process, a judge-signed subpoena, a contempt of court order, the legal system, monetary fines, or who they hire to help run their business. And they got away with it. Clean and free. For now.

We’re not so sure the Benton County District Attorney’s Office or the Corvallis Police Department is concerned with upholding a court-enforced order either. We say this… because it wasn’t enforced.

“The best thing you can do is don’t stop asking questions, and find someone who can answer them until you can learn everything… and never stop asking questions.” -Dave Marliave

We are going to ask… not for us, not for our readers, not even for Dave. But for the former employees of Flat Tail, the people who unjustly lost their jobs… and for the community members… who unjustly lost a special local spot they could call home.

Stay tuned.