Cudmore let that sink in for a second.
“You have to understand,’’ he said. “I don’t care if you’re the defendant, or the price-fixers are the defendants. It doesn’t matter to me.’’
The prosecutor leaned in.
“But I can assure you, somebody is going to be a defendant. If the case is against you, it’ll be a good strong case. If the case is against them, it’ll be a good strong case. I don’t try bad cases.’’
Whitacre blinked through his glasses.
“Okay,’’ he said.
Cudmore glanced at his briefcase on the table. He had a copy of the cooperation agreement with him but decided that the time was not right to bring it out. Better to let Whitacre absorb what was happening.
“Now, I’m going to tell you about the cooperation agreement,’’ he said. “It’s an agreement that I drafted and I’ve been using for years. It’s the only cooperation agreement that we offer.’’
“Would it guarantee that I won’t be prosecuted for anything?’’
Whitacre asked.
“It doesn’t make any promises. And we’ve never struck a cooperation agreement with anyone that promised anything. Because someday you’re going to have to be on the stand and testify that the government hasn’t promised you anything. It’s basically a ‘trust me’ situation.’’
Whitacre continued asking questions. Cudmore answered but felt increasingly uncomfortable. Whitacre showed little emotion; it was almost as if the man wasn’t connected to what was happening.
“The bottom line here is, cooperate or be a target,’’ Cudmore said.
“Get yourself a lawyer and talk to him. Verify what I’m saying, and do the right thing for yourself.’’
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Cudmore stood. He wanted to get home.
“You tell the agents when you want to meet and review an actual cooperation agreement,’’ he said.
Again, Cudmore and Whitacre shook hands. Shepard escorted the prosecutor to the door. There, Cudmore turned to the agent.
“Keep me posted,’’ he said softly.
Shepard switched on the tape recorder at his desk as soon as he heard that Richard Reising was on the phone. He had called Reising that morning, December 1, but only now, hours later, had the ADM general counsel called back.
Shepard asked if ADM’s position was still that it was unwilling to cooperate with the Fujiwara investigation. The FBI was turning up the heat on the obstruction investigation and wanted to see if Reising would lock himself in. But ADM had decided to back down and pretend nothing had ever happened.
“I don’t think we ever said we wouldn’t cooperate,’’ Reising said, having no idea he had been taped saying exactly that a few weeks earlier, in a conversation with Kevin Corr. “We have cooperated with the FBI numerous times in the past, and we want to cooperate in this matter.’’
Reising listed his conditions. Whitacre could not be involved. Cheviron was the only person who would respond to FBI requests. ADM had a business to run, Reising said, and that came first.
“Andreas doesn’t want to put his executives at risk, nor their families. That is the only reason we want to get Whitacre out of this. That is not his job. You have your job; we have our job. Your job is law enforcement; ours is not law enforcement.’’
Shepard replied that Whitacre was already involved since he had spoken many times to Fujiwara.
“As far as I know, there have been no further telephone calls from Fujiwara,’’ Reising said. “It’s certainly our intention to let you know if there is a telephone call. Hell, you’ll know.’’
The call ended in a few minutes. After almost a month of blocking the investigation, ADM was professing itself willing to cooperate. But only under terms that kept the FBI away from Whitacre. Later that day, at an airport security checkpoint, Whitacre dropped his keys into a bucket and lifted his carry-on luggage onto a conveyor belt. The bag rumbled into an X-ray machine as Whitacre walked through a metal detector. He glanced at his watch before retrieving his belongings. Eich_0767903277_5p_01_r1.qxd 10/11/01 3:56 PM Page 100 100
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He had close to an hour until his flight. Walking through the terminal, he searched for a phone.
Minutes later, he was dialing the number for the Decatur Resident Agency. Shepard answered.
Whitacre got right to the point. Nobody at ADM was talking to him, he said. And now he had proof.
About an hour before he left for the airport, Whitacre said, he had seen a phone message on Reising’s desk, saying that an FBI agent had called. But Reising had told him nothing about it.
“I mentioned the note to Randall, and he just changed the subject. They won’t talk to me about it. It’s just more examples of me being cut out of the loop. I mean, I’m willing to cooperate with the FBI. Definitely. But they don’t trust me.’’
Whitacre mentioned that he was traveling to Europe and would be out of town at least a week. Shepard wished him a good trip, and the call ended.
Hefting his bag off the ground, Whitacre headed to his gate. His plan, he thought, was working perfectly. Soon, the FBI would have to give up on him.
After all, what good is a witness if none of the potential targets will talk to him?
At that same moment, Shepard phoned Weatherall in Champaign to brief him on Whitacre’s call. The news worried Weatherall; problems were piling up.
After hanging up, Weatherall sat down to write a teletype to Bureau headquarters. It would not be a hopeful message.
With ADM’s top officers apparently distrustful of Whitacre, Weatherall wrote, his usefulness as a cooperating witness might be limited.
The next morning, in Germany, Whitacre stepped bleary-eyed into a steaming shower in his suite at the Sheraton Frankfurt Hotel, across from the airport. Usually he traveled well, but this morning he felt the effects of the seven-hour time difference.
After his shower and a shave, Whitacre wandered out into the suite, one of thirty at the hotel. He glanced at the bedside alarm clock and saw that the local time was almost eight a.m. Making some mental calculations, he figured out the time in Tokyo.
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direct dialing, and Whitacre took advantage of it. Probably no one would be checking his hotel bills for calls.
Minutes later, in Tokyo, Kanji Mimoto was at his desk when one of the young men who answered his department’s line let him know that Mr. Whitacre was holding. Mimoto reached for the telephone. He was anxious to talk to Whitacre, to find out why ADM was forcing prices down around the world.
“Hello?’’ he said.
“Mr. Mimoto?”
“Yes, good afternoon. Or is it good evening?’’
“Ah, actually it’s good morning,’’ Whitacre said. “I’m calling from Frankfurt.’’
“Frankfurt, ah. You have business in Frankfurt.’’
“Just some meetings with our European staff.’’
The men exchanged a few more pleasantries.
“Listen, I wanted to apologize about the other night,’’ Whitacre finally said.
“Oh, no apology necessary.’’
“No, I wanted to apologize. Because I didn’t have people over that night. We weren’t having a party.’’
“No?’’ Mimoto was confused.
“No, but that’s why I’m calling you from my hotel,’’ Whitacre said.
“I didn’t want to talk to you because I was afraid my telephone might be tapped.’’
“Tapped?’’
“By the FBI. They’re conducting an investigation into our pricing in the CO2 business.’’
FBI? This made no sense. Carbon dioxide—CO2—is the ingredient that gives soda its fizz. Mimoto said he had no idea
Whitacre worked in that business.
“Oh, I don’t,’’ Whitacre said. “But I was called into the FBI office.’’
“Why?’’
“All high-level executives were interviewed by the FBI. And they talked to us about the possibility of recording our telephone calls.’’
This made Mimoto uncomfortable. He knew that his pricing discussions with Whitacre had been illegal; the last thing he wanted was federal agents snooping around, planting wiretaps. This could be a disaster.
“Then it is good we did not speak that night.’’
“Yes, that’s why I’m calling. I don’t think you should call my home anymore. It’s just too dangerous.”
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“Yes, yes.’’
Whitacre offered an alternative. Mimoto could call his office voice mail and leave a message.
“I don’t like that,’’ Mimoto said. “I don’t want to leave my name. I want to use another name.’’
Whitacre thought for a second. “How about Mr. Tani?” he asked.
“Tani is an ADM sales representative for ADM in New York. No one but me would recognize his voice, and a message from him wouldn’t raise suspicions.’’
“Good,’’ Mimoto replied. “That’s good.’’
The conversation continued for hours. At the end, the executives reviewed their new system for contacting each other. Mimoto would leave messages; Whitacre would call back from a safe phone. Mimoto thanked Whitacre for his caution and said good-bye.
Placing the phone in its cradle, Whitacre felt a sense of power. Mimoto had been his main contact in the price-fixing, the one who called with every update and question. Now, Whitacre had all but guaranteed that the man would never call him directly again. From now on, they would use pay phones.
Whitacre smiled. The FBI could tap any phones they wanted. There was nothing left for them to hear.
“Let’s review the background on the Fujiwara calls,’’ Shepard said.
“How many did you receive?’’
Whitacre glanced at the hotel room ceiling as if in thought. “It was like half a dozen,’’ he said.
“Six?’’
“From five to eight.’’
Shepard nodded. The Fujiwara investigation had been under way for more than a month, but Whitacre still had not recorded a single call from the Japanese executive. Shepard wanted to use this meeting to review the details of the extortion case again.
“Where did the calls come in?’’
“Most of them to my home, but the first one came to my office,’’
Whitacre said.
“And you’ve had no calls in the past few weeks?’’
“He called one other time to the office, but I couldn’t record that. Mick Andreas stopped by while I was on the phone with him.’’
Shepard began asking another question, when Whitacre changed the subject.
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“Something you guys would want to know. A guy named Wayne Brasser was fired today. ADM told him to pack up and leave before the end of the day.’’
“Why was that?’’ Weatherall asked.
“I think because he knew a lot about price-fixing,’’ Whitacre said.
“I think that he was considered a liability, because he thought it was wrong and made his feelings known.’’
Shepard wrote down Brasser’s name with little enthusiasm. Whitacre hadn’t backed up any lead in more than a month. Why should this one be different?
In Decatur, Shepard was on the phone with Cudmore. His frustrations with Whitacre were getting to him. Whitacre seemed to think he was smarter than everyone else and could lie with impunity.
“Things are falling apart, and I don’t know what to believe,’’ he told Cudmore.
He had contacted the Behavioral Science Unit—the FBI’s experts in profiling and psychological analysis. They offered insights and a suggestion. Cudmore listened as Shepard explained the idea.
“Sounds good,’’ the prosecutor replied. “Get it going.’’
Two weeks later, Whitacre drove to the Holiday Inn for another meeting with the FBI. He was feeling calm and confident. The oncesteady growth in lysine prices had slowed to a halt. Calls from Japan had stopped. The FBI seemed concerned about how little ADM
trusted him. And Whitacre had kept up his act of cooperating, even pressing for a written agreement. This investigation, he felt sure, would collapse soon. His plan had worked better than he could have hoped.
Whitacre parked and headed inside. He already knew from his voice mail that the agents were in room 515. He arrived upstairs and tapped on the door.
Shepard let him in. The agents greeted Whitacre and shook his hand. That was when Whitacre noticed something was different. This time, a dark-haired man was busy in an adjoining room. The man, who looked younger than Whitacre, came through the doorway.
“Mark,’’ Shepard said, “this is Special Agent Ed Hamara. He’s going to be helping us this evening.’’
Another agent. No matter. Whitacre greeted Hamara warmly. Eich_0767903277_5p_01_r1.qxd 10/11/01 3:56 PM Page 104 104
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Shepard and Weatherall eyed their witness. Apparently, he had no idea what was happening.
“Agent Hamara is one of the Bureau’s polygraphers,’’ Shepard said. Whitacre shot Shepard a perplexed look.
“Polygrapher,’’ Shepard repeated. “He conducts lie detector tests.’’
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CHAPTER 5
Is your first name Mark?”
Agent Hamara brought his pen down on the chart paper rolling through the polygraph machine, marking the moment he finished his first question. Whitacre, in a chair beside him, answered yes. Hamara wrote a small plus sign beneath the wavy ink tracings. Whitacre sat still. Rubber tubes wrapped his chest and abdomen, measuring his breathing. On his ring and index fingers, two small clips monitored his skin for changes in the flow of electricity. A bloodpressure cuff, at about eighty millimeters of mercury, checked the brachial artery in his arm for variations in blood volume. He faced a window that looked out onto the highway. The curtain was closed. Shepard and Weatherall had surprised him with the polygraph, but Whitacre did not even consider making a fuss. Without saying so directly, Shepard had made it clear that a refusal in itself would be considered an admission of deceit. So Whitacre had walked to the adjoining room with Hamara, stripped off his jacket, and sat patiently as he was hooked up to the machine. Hamara had closed the door, leaving them alone.
Hamara’s manner was soothing; to eliminate anxiety that might contaminate the results, he had told Whitacre the questions to expect. None of the relevant questions involved price-fixing, only Fujiwara.
“Were you born in 1957?’’ Hamara asked.
“Yes.’’
Hamara marked another plus sign on the paper. Whitacre’s breathing was steady, at about eighteen breaths per minute. His heart rate was consistent, and the electrical resistance of his skin had stabilized. Hamara waited about twenty seconds before proceeding.
“Regarding the phone calls from Fujiwara, do you intend to answer each question truthfully?’’
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“Yes.’’
In itself, the question was meaningless, a sacrifice. It was intended to bleed off any anxiety about the exam’s two relevant questions. Twenty seconds passed.
“Are you concerned I will ask you a question on this test that we have not already reviewed?’’
“No.’’
Hamara marked down a negative sign and glanced at Whitacre’s response. He was telling the truth. Whitacre was properly prepared. The results would not be influenced by anxiety about t
he test.
“Before this year, did you ever lie to better your own position?’’
“No.’’
A lie, but an expected one. The question was another control. Most anyone asked so general a question would have to say yes—no one ever fibbed to their parents about that late night in high school? But when Hamara discussed this question in the pretest interview, he had stressed the importance of being a truthful person. It was a technique designed to force a dishonest answer, one that could be measured against other deceptions that might occur. Twenty seconds.
“Did Fujiwara ever telephone you at home and tell you there was a mole at ADM?’’
“Yes.’’
A relevant question.
Whitacre glanced at the ink tracings. Nothing. To him, they looked exactly the same as before.
Hamara wrote a plus sign. He noticed an almost imperceptible change in the location of the dichrotic notch, a tiny tick in the cardiovascular tracing coming from the pressure cuff. Twenty seconds.
“Before this year, did you ever lie to someone that really trusted you?’’
“No.’’
Another control.
Twenty seconds.
“Did Fujiwara say he would tell you who the mole was for X
amount of dollars?’’
“Yes.’’
Relevant.
Whitacre watched the tracings. It looked unchanged to him. Twenty seconds.
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“Are you married?’’
“Yes.’’
Hamara wrote down a plus sign.
The first portion of the test was over.
“All right, Mr. Whitacre, now I’m going to ask the same questions again,’’ Hamara said, flipping pages. “We want to make sure the results are consistent.’’
Whitacre nodded, feeling comfortable. “Okay.’’
After a moment, Hamara started over.
Shepard and Weatherall waited in the adjoining room for more than an hour. Finally, they heard a doorknob click. Whitacre walked in first, followed by Hamara. Both men seemed relaxed.
The Informant Page 14
