The Informant

by Kurt Eichenwald

  82 Weatherall’s military history from documents on file with the National Personnel Records Center in St. Louis, MO, including the agent’s record of assignments from 1961 through 1970.

  83–85 The meeting between Whitacre, Shepard, and Weatherall on the night of November 13, 1992, was described in three separate 302s from that day. Also, references were made to the discussions in a teletype prepared for FBI headquarters by Weatherall on November 19, 1992. The room number from hotel expense records. 85–87 Details of Whitacre’s phone conversation from Colorado with Shepard come from several different sources. A small amount of information comes from a 302 Shepard prepared, which described only the price-fixing discussion. Other notes Shepard wrote down were not recorded in a 302, although the agent did maintain the information in a case file. Those notes were later transcribed into an undated document called “FBI File Information.’’ Finally, references were made to the discussions in a teletype prepared for FBI headquarters by Weatherall on November 19, 1992. 89 Whitacre’s excuses for not taping were detailed in a 302 with Shepard, dated November 13, 1992. 89–90 Karen Sterling’s sense of intimidation and fear involving Sid Hulse—as well as her concerns about sexual harassment—were described in a 302 from an interview with Special Agents Thomas Simon Jr. and Anthony D’Angelo on March 9, 1997. In that interview, Sterling described how she had begun carrying a gun in her purse out of concerns for her safety around Hulse. Sterling told the FBI that she reported Hulse’s conduct to his boss, Mark Whitacre, but that Whitacre told her he would not do anything about it because Hulse was an important person to ADM. A secretary who subsequently worked for Hulse, Mary Hodge, told a similar story about her boss’s behavior and sexual harassment to the FBI. That was described in a 302 of her interview, dated June 27, 1997, and written by D’Angelo. Again, Eich_0767903277_5p_03_r1.qxd 10/11/01 3:58 PM Page 581

  N O T E S A N D S O U R C E S

  581

  Hodge told the FBI that she reported the conduct to Whitacre, who again declined to take action. Hodge ultimately filed a formal complaint at ADM. Sterling brought a sexual-harassment suit in the state court of Fulton County, Georgia, naming ADM and Hulse as defendants. Hodge filed a case against the company and Hulse in the federal district court in Atlanta. According to their FBI statements, both women’s cases were settled with requirements that the terms remain confidential.

  90 The conversation between Whitacre and Hulse is described in a 302 of Hulse’s interview with Special Agent Robert Herndon, dated May 10, 1996. 91 Some details of the Regal McCormick Ranch from Patricia Myers, “Soothing the Sizzle: Cool Oases Spell Relief to the Summer-Weary,’’ Arizona Republic, August 30, 1996, p. 1.

  91 Whitacre lunch location and time at the Regal McCormick Ranch from a record obtained by the author of his expense statements, travel schedules, and telephone calls. 91 While the FBI file information says that Whitacre told Shepard he was at a motel in Phoenix, records of his expense statements, travel schedules, and telephone calls show that he was only at the McCormick Ranch that day. 91–94 Details of the November 18, 1992, Whitacre conversation with Shepard from two sources—the undated record of “FBI File Information” and Weatherall’s teletype of November 19, 1992.

  94 Whitacre’s travel schedule and his November 23 meeting with Jones and Hall, from the records of his expense statements, travel schedules, and telephone calls obtained by the author.

  94 Details of the FBI’s November 24 meeting with Whitacre from a 302 prepared by Shepard and a teletype to headquarters, written by Weatherall and dated December 2, 1992.

  95–96 The price war in the world lysine market took effect in late 1992, lasting through early 1993. It is demonstrated in government exhibit 43A, introduced in U.S. v. Michael D. Andreas et al.

  96 Kanji Mimoto described his 1992 conversation with Whitacre in an interview with Shepard in Hong Kong on July 2, 1996. Details of that conversation come from the 302 prepared of that interview. In the interview, Mimoto does not know the month that the conversation took place. However, based on Whitacre’s records of expense statements, travel schedules, and telephone calls, it could only have occurred in late November.

  96–99 Some details of Whitacre’s first meeting with Cudmore from a 302 prepared from that meeting, as well as a teletype to headquarters written by Joe Weatherall on December 2, 1992. 99 The conversation between Kevin Corr and Richard Reising from a transcript of FBI recording 1B4 for case #60A-SI-46290. Reising’s conversation with Shepard from a transcript of recording 1B37 for the same case. The call was also described in Weatherall’s December 2 teletype.

  99–100 Details of Whitacre’s telephone call on December 1 from a 302 prepared by Shepard, and Weatherall’s December 2 teletype.

  Eich_0767903277_5p_03_r1.qxd 10/11/01 3:58 PM Page 582 582

  N O T E S A N D S O U R C E S

  100–101 Details of Whitacre’s stay in Frankfurt from his expense reports, as well as information about the hotel that can be found on the Internet at www.sheraton.com. 100–102 Details of Mimoto’s conversation with Whitacre from Frankfurt are contained in the 302 of July 2, 1996.

  102–103 Whitacre’s meeting with Shepard and Weatherall where he recounts the Fujiwara story and mentions Brasser from a 302 of the meeting, dated December 10, 1992.

  103 The conversations with the Behavioral Science Unit were described in a teletype written by Shepard, dated December 14, 1992. Shepard also made reference to those conversations in his trial testimony at U.S. v. Michael D. Andreas et al. 103 The room number for the meeting where Special Agent Hamara first appeared from hotel expense records.

  CHAPTER FIVE

  105–107 Details of the lie detector test given to Whitacre on December 21, 1992, from the polygraph report of Special Agent Edward T. Hamara, dated December 28, 1992, field file number 192B-SI-45899. Other details from a teletype prepared by Special Agent Weatherall dated December 28, 1992. Also, Weatherall described some events that took place on the day of the polygraph in his testimony at a pretrial hearing in U.S. v. Michael D. Andreas et al. , on December 16, 1997. 107–108 Details of Whitacre’s statements to Shepard and Weatherall on December 21, 1992, from a 302 of that day.

  108 The sodium gluconate price-fixing scheme, plus the details of Wayne Brasser’s firing and the roles of Barrie Cox and Terry Wilson in the activities, are supported by a 302 of Cox by Special Agent Louis F. Caputo Jr., from an investigation on October 11–12, 1996. 108–11 Dialogue from the Whitacre-Brasser call of December 21, 1992, from a transcript of FBI recording 1B6 for case #60A-SI-46290. 112–15 The December 22, 1992, meeting between Whitacre, Shepard, and Weatherall was described in a 302 of that day, as well as in a December 28, 1992, teletype to FBI headquarters written by Weatherall.

  114–15 Kataro Fujiwara denied making any of the calls described in these pages in an interview with the FBI in July 1996. Whitacre’s stories about contacts with Fujiwara after an initial call have not been consistent.

  116 Whitacre’s purchase of the cans of caramel popcorn from his expense reports. According to the reports, they were purchased for executives at a company called Biosys, Inc.

  116–117 Whitacre’s second meeting with Cudmore is described in a 302 of December 29, 1992. A copy of the cooperation agreement was also obtained by the author. 117–18 Details of the discussion between Whitacre and the FBI from a 302, dated January 4, 1993. The tape was also discussed by Whitacre in a 302 dated January 7, 1993.

  118 Some details of Whitacre and Randall’s trips in January 1993 from a report obtained by the author on Whitacre’s expenses, travel schedules, and telephone records.

  Eich_0767903277_5p_03_r1.qxd 10/11/01 3:58 PM Page 583

  N O T E S A N D S O U R C E S

  583

  118–20 The conversation between Whitacre and Randall from a transcript of FBI tape number 1B13 for case #60A-SI-46290. Shepard described his opinion of the tape, and the allegations, in his court testimony for U.S. v. Michael D. Andreas et al.

 
Shepard was not alone in his interpretation of the tape. During the Andreas trial, Scott Lassar, the U.S. Attorney in Chicago, also stated that the tape supported Shepard’s belief. “The theft of bacitracin, the use of prostitutes, they are confirmed on tape,” he said.

  But Jeff Cole, Randall’s lawyer, disputed Shepard’s interpretation, saying in an August 20, 1998, article in the New York Times that he did not believe tapes proving such allegations existed. “These allegations are preposterous,” Mr. Cole said. “I don’t believe there is any tape that when fairly and impartially heard supports the conclusion that Mr. Randall knew about prostitutes or theft of technology.” Again, through his lawyer, Frein denied any wrongdoing.

  121 Whitacre’s trip to the Cayman Islands during the week of January 9 from two sources: his expense and travel records, which show him as traveling to Grand Cayman from January 13 to January 16, and records of entry at the Cayman Islands, which confirm those two dates.

  121 The added statement to the cooperation agreement from a copy of the original document.

  121–22 Dwayne Andreas’s consideration of firing Mark Whitacre—and how he was persuaded not to by Jim Randall—from notes of his 1996 sworn testimony before the price-fixing grand jury.

  122 Details of Chicago’s decision to keep up the Christmas lights on Michigan Avenue throughout January of 1993 from Chicago Tribune, “Lights Out Isn’t Here Yet for Christmas Die-hards,’’ January 22, 1993, p. 6.

  122–23 The Ajinomoto executive’s opinions of ADM were described in a series of notes taken at meetings of the Japanese company by one of the participants. 123 Mimoto described the failed efforts to find the lysine bug in the handkerchief in his trial testimony at U.S. v. Michael D. Andreas et al. 122–24 The January 22 meeting between Whitacre, Ikeda, and Mimoto is described in two records: a July 1996 302 of Ikeda prepared during the Hong Kong visit and a March 16, 1993, 302 of Whitacre. The two records conflict as to whether the meeting occurred in the evening or the morning, and so the timing of the meeting is not mentioned.

  124 Williams described this encounter with Whitacre in sworn testimony on November 4, 1997, at a pretrial hearing in the case of U.S. v. Michael D. Andreas et al.

  125 Whitacre’s repeated efforts to describe Brasser’s job search and other matters from a series of Whitacre 302s from 1993, dated January 25, January 28, February 1, February 3, February 8, and February 10. The attempt to interview Brasser is described in a January 12, 1993, teletype written by Weatherall.

  125–26 Details of the lie detector test given to Whitacre on March 10, 1993, from the polygraph report of Special Agent Edward T. Hamara, dated March 22, 1993, field file number 192B-SI-45899. Also, Special Agent Weatherall described some events that took place around the time of the polygraph in his testimony during a pretrial hearing in U.S. v. Michael D. Andreas et al. on December 16, 1997. Eich_0767903277_5p_03_r1.qxd 10/11/01 3:58 PM Page 584 584

  N O T E S A N D S O U R C E S

  127 The Behavioral Science Unit instructed the agents to avoid interrogating Whitacre if he failed the lie detector test, according to Hamara’s March 22 polygraph report. 127–28 Some details of the March 11 meeting between Whitacre and the FBI from a 302 of that date.

  CHAPTER SIX

  131–34 The dialogue and certain other descriptions from the March 17 discussions between Whitacre, Wilson, and Randall are from a transcript of tape 1B20—as well as of an enhanced version of the same tape, numbered 1B63—for case #60A-SI-46290. 134–36 The dialogue and certain other descriptions from the March 18 discussions between Whitacre, Andreas, and Wilson are from a transcript of tapes 1B21, 1B22, and 1B61 for case #60A-SI-46290.

  The exact date that Whitacre received the notebook and briefcase recorders could not be established. Recollections on that fact differed, as did the documentary evidence. However, everyone involved agreed that he had obtained those devices by the spring of 1993, sometime after he signed the cooperation agreement and before his second polygraph. But this was the first documented time that either of the devices was identified as having been used. 135 Information regarding Tommy Thompson’s 1994 campaign-finance drive, and its national implications, from “Outsiders Aiding Thompson,’’ Wisconsin State Journal, July 21, 1993, p. 1D.

  137 Some details about the architecture of the federal plaza in Chicago from Paul Gapp,

  “A Unified Front for the Government: The solid Metcalfe Building fits right in with its federal neighbors,’’ Chicago Tribune, November 10, 1991, p. 26. 139–40 Some details of the nighttime visit to ADM by Special Agent Tom Gibbons from notes of a briefing that was provided subsequent to the event. 141 Details of Hoech’s conversation with Whitacre from an April 1993 letter summarizing the discussion. The letter was written by Hoech to Masaru Yamamoto of Kyowa Hakko. Additional details about Hoech’s relationship to Kyowa Hakko from Yamamoto’s testimony in U.S. v. Michael D. Andreas et al. 143 Williams described the “014’’ episode with Whitacre in sworn testimony on November 4, 1997, at a pretrial hearing in the case of U.S. v. Michael D. Andreas et al. The exact date this occurred is unclear, although it occurred shortly after the FBI provided Whitacre with the briefcase. The story appears here in the narrative because it is by this point that Whitacre definitely received the briefcase. 143–44 Dialogue from Whitacre’s “marching orders’’ meeting with Mick Andreas from a transcript of tape 1B32 for case #60A-SI-46290.

  144 In this one instance, I have chosen to edit something of substance from Whitacre’s full quote, because I cannot substantiate that it is a truthful reflection of what had just occurred. His full statement on returning to the office was, “Eight-thirty a.m., Thursday morning, the fifteenth. And just saw Jim Randall and Mick Andreas. Eighty-thirty a.m., April fifteenth. Two hours before our flight to Chicago. Saw Mick Andreas and Jim Randall. For the . . . for the marching orders.” While he did speak with Randall for a moment, there was no conversation in the transcript of tape 1B32 indicating that the ADM president had said anything pertaining to the Chicago trip. Eich_0767903277_5p_03_r1.qxd 10/11/01 3:58 PM Page 585

  N O T E S A N D S O U R C E S

  585

  Absent any evidence that Randall had given marching orders in this conversation, I have removed his name from the statement.

  145 The room number at the Chicago Marriott Downtown from hotel expense records. 144–45 Details of FBI surveillance at the Yamamoto meeting from surveillance 302s for April 15, 1993.

  146–47 Dialogue and other details regarding the Yamamoto meeting of April 15, 1993, from a transcript of videotape 1B33 for case #60A-SI-46290. 148–50 Some details of the meeting between the antitrust prosecutors and Springfield FBI from contemporaneous notes of the event.

  150 The location of the Whitacre meeting with Shepard and Gibbons from a hotel receipt for that day from the Best Western Shelton Inn. 151–52 The comments made by Shepard and Gibbons when the body Nagra was turned on at the Best Western were recorded on tape 1B43 for case #60A-SI-46290. 152 The identity of the plane used on April 28, 1993, its passengers, and its route from an internal ADM flight log for that day. Additional information about the plane from its registration statement on file with the Federal Aviation Administration. While the name being used in this book is technically correct for the airplane, it is more commonly referred to as the King Air 350, according to Blair Sullivan, product manager for Raytheon Company, which manufactures the plane. I have chosen to go with ADM’s own identification to the FAA.

  152–56 The dialogue and many details of Wilson and Whitacre’s trip to Chicago on April 28 from transcripts for tape 1B43 (the body Nagra) and 1B44 (the briefcase) for case #60A-SI-46290. Other details of the meeting from a preparatory teletype by Weatherall, dated May 5, 1993.

  153–54 Details of the Gaslight Club from personal observation and from Mike Michaelson, “Lobbying for a Good Time,’’ Chicago Daily Herald, April 2, 1999, p. 27. 156 Ultimately, Whitacre submitted an expense report that was illegible, according to an analysis of his expense reports
obtained by the author. 157 The timing of Whitacre’s subsequent meeting with Shepard at the Best Western from the 504b chain-of-custody documentation for tape 1B43. 158 Timing of the agents’ filing and copying of tape 1B43 from the 504b chain-ofcustody form. 159 Hoyt’s inscription in his daily planner from the original document.

  CHAPTER SEVEN

  162 Certain information regarding the investigation involving First Financial of Louisiana from “Louisiana Broker Gets Three-year Term,’’ National Mortgage News, September 10, 1990, p. 5. Details of the case against the federal judge, Robert F. Collins, from “U.S. Judge Is Convicted in New Orleans Bribe Case,’’ New York Times, June 30, 1991, p. A13.

  163 Details of the meeting in Decatur between Yamada and Andreas from a transcript of tape 1B47.

  Eich_0767903277_5p_03_r1.qxd 10/11/01 3:58 PM Page 586 586

  N O T E S A N D S O U R C E S

  163 The date of the ADM trip to Vancouver was established by an analysis of Whitacre’s expense statements that was obtained by the author.

  163 The attendance at the Vancouver meeting from “Government’s Proffer of Co-conspirators’ Statements,’’ filed on May 6, 1998, in the case U.S. v. Michael D. Andreas et al.

  164 Details of the Vancouver meeting from several sources, including contemporaneous notes of the discussion maintained by Jhom Su Kim of Miwon, which coincided with 302s of Whitacre taken by Weatherall on June 24, 1993, and by Shepard on June 28, 1993.

  165 Page described his meeting with Whitacre in a 302 with Special Agent Anthony D’Angelo and Supervisory Special Agent Rob Grant on November 25, 1996. Other information from the complaint filed in ADM v. Mark E. Whitacre. While the Page meeting definitely took place in the summer of 1993, dating it precisely proved difficult. In his 302, Page remembered the discussions as taking place in August of that summer, but a review of Whitacre’s expense statements showed that it occurred in June. Page officially began his employment with ADM in October. Because of these conflicts, I have chosen to present these events with no dates specified. However, the documents make clear that they occurred at about the time they are presented in the narrative.