308 Details of Buffett’s FBI interview of June 27 from the 302. 308 Details of Kirk Schmidt’s interview of June 27 from the 302. 310 Details of the witnesses known by the FBI to have been informed by Whitacre of his role as a cooperating witness from a summary FBI teletype of June 28, 1995. 311–13 Some details of the meeting between Whitacre and the FBI in the parking lot of the Holiday Inn from a 302 of that encounter.
314 The background of Aubrey Daniel III from James Warren, “Back in the Limelight: My Lai Prosecutor Pops Up in Archer Daniels Midland Case,’’ Chicago Tribune, July 16, 1995, Tempo section, p. 92. Other background on Williams & Connolly from S. H. Lawrence, “The Passing of Power at Williams & Connolly,’’
Washington Post, September 19, 1988, p. F1.
314–15 Details of Buffett’s day on June 28, 1995, from a 302 of the following day. 316 Details of Whitacre’s phone call to the FBI about having hired a lawyer from a 302 dated June 28, 1995.
316–18 Whitacre described certain events that took place at Shafter’s office in a 302 prepared by Herndon and Shepard on June 30, 1995. Shafter described those events in a November 10, 1995, letter to Thomas C. Green, a lawyer for John Dowd. Eich_0767903277_5p_03_r1.qxd 10/11/01 3:58 PM Page 593
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321 Some details of Whitacre’s nighttime call with Shepard on the day after the raids from a 302 dated June 28, 1995.
322 Some details of Aubrey Daniel’s late-night call to Whitacre and Whitacre’s subsequent conversation with Shepard from a 302 prepared by Shepard and dated June 29, 1995.
322–24 Some details of Whitacre’s morning at ADM, plus his subsequent experiences at the Decatur R.A., from a 302 prepared by Herndon and Shepard, dated June 29, 1995. 328 Shepard described his conversation with Whitacre, including the mixed-up paging message, in a 302 dated July 1, 1995.
328–29 Scott Roberts described his discovery of the bogus ABP International contract to the FBI on January 24, 1996. Some details from this scene come from a 302 of that interview prepared by D’Angelo and Bassett. Other details from original copies of both ABP contracts, as well as signed affidavits from James Randall and Lennart Thorstensson, dated July 29, 1995, and July 17, 1995, respectively. 329 Rochelli described his conversation with Mark Whitacre several days after the raids in testimony before a federal grand jury on June 20, 1996. Other details come from a 302 of Rochelli’s interview with the FBI on January 24 of that same year. 329–30 Details of Whitacre’s July 2 conversation with Shepard were recorded in a 302 of the same date.
330–31 Some details of the meeting between Epstein, Daniel, and Simon from notes taken during the meeting by one of the participants. 331–32 Some details of Whitacre’s encounter with the Wall Street Journal, and his subsequent lies to Shepard, were recorded in a document entitled “FBI File Information.’’
332 Details of the original Wall Street Journal report from Thomas M. Burton and Scott Kilman, “Seeds of Doubt: An Executive Becomes Informant for the FBI, Stunning Giant ADM,’’ Wall Street Journal, July 10, 1995, p. 1. 333 Information regarding the WAND broadcast on the morning of July 11 from a summary transcript of that newscast. 333 Ron Ferrari’s professional football career background from Tim Rosaforte,
“Ferrari Prepared for the Long Haul,’’ Orlando News Sentinel, January 19, 1985, and the 1986 Media Guide, p. 39, published by the National Football League. 333–34 Details of Ferrari’s conversation with Whitacre from Ferrari’s sworn testimony of January 27, 1998, in the case of ADM v. Mark E. Whitacre et al. 334 Mark Whitacre also reported receiving threatening calls to the FBI a series of times. 334 Headline of Wall Street Journal article of July 13 from the original news story. 334–35 Whitacre’s conversation with Herndon on July 13, 1995, was recorded in a 302 of that same date.
335 Details of the anonymous letters that arrived at ADM on July 18, 1995, from copies of the original letters and their envelopes.
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336 Background of Franklin, Tennessee, from Don O’Briant, “Walking in a Victorian Wonderland,’’ Atlanta Journal and Constitution, November 17, 1999, p. 6G. Also, from Donna Dorian, “Franklin: The Best Small Town in Tennessee,’’ Colonial Homes, February 1995, p. 62.
336 Some details of Gert Borasky’s conversation with Ginger Whitacre from the 302 of her interview with D’Angelo in 1995.
336–37 Details of the first Lamet Vov memo from the letter itself. The timing of the letter’s arrival, and the other details about where it was sent, from itemized AT&T
phone records for David Hoech.
337–38 The makeup of the ADM special committee of directors was detailed in Burton and Kilman, “Archer-Daniels Names 9-Member Panel on U.S. Criminal Probe and Civil Suits,’’ Wall Street Journal, July 20, 1995, p. 4. 338 Details of the Chicago Tribune article from Michael Arndt and George Gunset,
“Mulroney Heads ADM Probe ‘Response’: Discrepancies Emerge in Reported Mole Whitacre’s Academic Record,’’ Chicago Tribune, July 20, 1995, Business section, p. 1.
339 Some details of the original negotiation between Whitacre and Myer for the house from a copy of their contract of sale, dated on the first page as July 20, 1995, but signed by both parties on July 21.
339–40 Myer described his run-in with Whitacre on July 21 in several documents. His most detailed description was provided in his July 17, 1996, deposition in the case Paul J. Myer and Carole A. Myer v. Mark Whitacre et al. , case number 23547, filed in the Chancery Court for Williamson County at Franklin. Other information from the 302 of his 1995 interview with D’Angelo at his home in Reston, Virginia. 340 Details of the anonymous note from San Francisco to Aubrey Daniel from a copy of the original.
340–41 Details of Aubrey Daniel’s letters to Attorney General Janet Reno from the original documents. 342–43 Some details of Whitacre’s interview with Henkoff, as well as the topics of discussion, from Mark Whitacre and Ronald Henkoff, “My Life as a Corporate Mole for the FBI,’’ Fortune magazine, September 4, 1995, pp. 52–63. 343 Borasky’s conversations with Whitacre and Caiazzo are described in her 302 from the summer of 1995. Details of Caiazzo’s letter of July 26, 1995, to Borasky from a copy of the original.
343 Rochelli’s conversation with Mark Whitacre was described in his June 20, 1996, testimony before a federal grand jury and the 302 of his January 24, 1996, interview with the FBI.
343–344 Whitacre’s complaints to Shepard are described in a 302 of the conversation, dated July 27, 1995.
344 Details of the Lamet Vov letters during the summer of 1995, including the July 30 letter, from copies of the originals.
346 Details of the state-of-severance negotiations between ADM and Whitacre as of August 2, 1995, from a memo describing a meeting the following day at the Justice Eich_0767903277_5p_03_r1.qxd 10/11/01 3:58 PM Page 595
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Department, where Williams & Connolly presented a copy of the tentative severance agreement. The memo, dated August 16, 1995, was written by Scott Hammond, an attorney in the Antitrust Division.
347–55 Some details of Whitacre’s first confession and the related conversation from a 302 prepared by Shepard and Herndon and dated August 2, 1995. 353 No substantive evidence ever emerged indicating that Frankel received money as part of an ADM bonus plan. Again, Frankel has denied all wrongdoing and was never charged.
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356–58 Details of the meeting between Williams & Connolly and the antitrust attorneys from the detailed August 16, 1995, memorandum written by Hammond. 356 Details of the handwriting expert’s findings from the original document report of July 24, 1995, by Lyndal L. Shanefelt.
357 In the presentation to the Justice Department, Williams & Connolly incorrectly described these letters as saying that the Whitacre embezzlement amounted to
$2.5 milli
on—essentially rounding it to the nearest half million dollars. The actual amount of $2.35 million comes from a copy of the original letter. 358–59 Details of Whitacre’s phone call to Shepard on August 3, 1995, from one of two 302s of their conversations on that day.
363 The Chicago city corruption case with the informant who committed crimes while working for the FBI was Operation Silver Shovel. Details of that investigation and the informant’s troubles from Matt O’Connor, “Silver Shovel Dirt Piles Up,” Chicago Tribune, January 11, 1996, News section, p. 1. 365–66 Details of the meeting between Williams & Connolly and Seth Waxman on August 4, 1995, come from a memo to the file written by Waxman immediately after the lawyers left his office.
368–71 Some details of the August 4 meeting between the Whitacres, Shepard, and Kate Killham from the 302 prepared of those discussions. 372 Some details of Page’s meeting with Whitacre from the 302 of his FBI interview, dated November 25, 1996.
372 Details of the I.O.L.A. account set up by Caiazzo from two documents in Whitacre’s Swiss bank records, including a statement of account for account number PO-50,933.0 at the Swiss Bank Corporation in Zurich, as well as a copy of the original wire-transfer order, dated August 4, 1995. 372–73 The confrontation between Mark and Ginger Whitacre was described separately by the couple in their subsequent interviews with Dr. Derek Miller, and were described in Dr. Miller’s notes of the interview dated August 11, 1995. 373 The news of Whitacre’s thefts from the Associated Press, “ADM Fires Mole, Says He Stole at Least $2.5 Million,’’ August 7, 1995.
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374 Epstein described the last-minute change in Whitacre’s story to his client’s psychiatrist, Dr. Derek Miller of Chicago. Some details from this scene from the doctor’s notes of that discussion, dated August 9, 1995.
374–80 Some details of Whitacre’s August 7 interview with the FBI and the Fraud Section from a 302 prepared by Supervisory Special Agent Edward Herbst. 381 Details of Bassett’s role as Michael McLoughlin from Christopher Drew and William B. Crawford Jr., “Indictments Name 46 Traders,’’ Chicago Tribune, August 3, 1989, p.1.
382–86 Rusty Williams described the events on the morning of August 9, 1995, in an interview with Special Agent Shepard on June 24, 1996. Some details from the 302 of that interview.
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387 Some details of Dr. Derek Miller’s contacts with Epstein and the Whitacres from his admission note for Patrick O’Brien, the alias he used for Mark Whitacre, dated August 9–10, 1995.
387–88 In subsequent recollections of these events to government officials, the precise timing of the Borasky call to Ginger Whitacre was in dispute, with some people claiming it had occurred on August 10, 1995, rather than August 9. However, everyone agreed that subsequent to that call, Borasky received the fax from Joseph Caiazzo. I have established the timing through a copy of that original fax, which carries an electronic “telltale’’ that clearly establishes the transmission time of the document as being on August 9, 1995, at 11:28 in the morning. Some details of this scene are from that letter, as well as from the 302 of Borasky’s interview with D’Angelo, and an August 16, 1995, memo by the Department of Justice of an interview with Paul Myer by Brenda Carlton. Other details are from Myer’s 302 with D’Angelo, from August 25, 1995.
388–90 Details of Dr. Derek Miller’s first meeting with Whitacre from his admission note of August 9–10, 1995.
391–92 Some details of Walsh’s hunt for the truth about Whitacre’s adoption history from “Whistle-blower Leaves Trail of Contradictions: Former ADM Executive Mark Whitacre’s Life Includes Puzzles, Inconsistencies,’’ Washington Post, August 11, 1995, p. D1.
393–94 Some details of Daniel’s conversation with D’Angelo and Bassett from a memorandum recording an attorney contact, written by D’Angelo on August 11, 1995. 394 Details of the Swiss investigation as of August 1995—including the conversations with Rolf Brüggermann, from a series of faxes sent by Triet to Swiss bankers in Zurich during that month, including a letter of August 10, 1995, to Brüggermann. 396–97 Details of Miller’s conversations up through August 10 from his admission note of August 9–10, 1995.
397 Details of Miller’s conversations with Whitacre of August 11 from his progress note of that day for Patrick O’Brien, the alias he used for Mark Whitacre. Other information from Miller’s notes of an interview with Ginger Whitacre on that same day. Eich_0767903277_5p_03_r1.qxd 10/11/01 3:58 PM Page 597
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400 Details of the work by private investigators in Thailand from an August 14, 1995, memorandum prepared by Steve Vickers, Deepak Bhawnani, and Eric Hui regarding the “Williams & Connolly case.’’
401–402 Details of the letter sent to the Wall Street Journal from Kilman and Burton,
“Ever More Serious: ADM Informant Faces Widening Allegations; He Attempts Suicide,’’ Wall Street Journal, August 14, 1995, p. A1. 402 Fortune press release from the original document sent out over PR Newswire on August 12, 1995. 403 Whitacre’s quotes in Fortune from “My Life as a Corporate Mole for the FBI,’’ For- tune, September 4, 1995, p. 52.
403 Details of the fax sent to Briel from a copy of the original document. While the document is dated August 8, there is no doubt it was sent the following week. Not only is that confirmed by the fax telltale, but also by the dates of when the three checks were written on Whitacre’s Swiss bank account. 403–404 Some details regarding Herndon’s notification of the pending Whitacre indictment from the August 15, 1995, teletype. 405–406 Details of Whitacre’s note to Beat Schweizer from a copy of the original document. 406 Some details of Gilbert’s receipt of the package from Switzerland from his sworn testimony, given December 20, 1997, in ADM v. Mark E. Whitacre. 406–407 Some details of the resolution of Whitacre’s pending indictment from an August 22, 1995, memo from Peter Clark to George Martin, an Assistant United States Attorney in Mobile, and Special Agent Craig Dahle. 407–408 Some details of the scene where the FBI serves Williams & Connolly with a subpoena come from a 302 written by Herbst and Stuber on August 16, 1995. 408 Bob Dole’s comments at the Illinois State Fair from Anthony Man, “Senator Predicts Probe Won’t Hurt Company’s Clout in Washington,’’ Decatur Herald & Re- view, August 17, 1995, p. 1A.
408–409 Details of Brenda Carlton’s interview with Myer from a memo she wrote to Gary Spratling, dated August 16, 1995.
409 The conversation between Bassett, D’Angelo, and Zaideman was recorded in an internal FBI memo written by the agents on August 21, 1995. Other details from an August 17, 1995, memo written by Zaideman to Jim Epstein. Details of the August 18, 1995, conversation between Bassett and Miller from a 302 written September 8, 1995.
410–11 The quote from Herndon’s August 21, 1995, teletype from a copy of the original document.
411 Details of the Journal article from Kilman and Burton, “ADM Asserts Ex-official Diverted Over $9 Million,’’ Wall Street Journal, August 21, 1995, p. A2. 411–12 The items obtained from Williams & Connolly on August 21, 1995, were described in a 302 written by Herbst on that date. Eich_0767903277_5p_03_r1.qxd 10/11/01 3:58 PM Page 598 598
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412–13 Details of D’Angelo’s interview with Myer from a 302 of August 25, 1995, for case file number 196D-CG-99593.
413–14 Some details of Liz Taylor’s meeting with ADM lawyers and the subsequent outcome from the 302 of her interview with Bassett and D’Angelo, dated January 18, 1996.
416–22 Details of Whitacre’s interview of September 7, 1995, from a 302 written by D’Angelo and Bassett for case file number 196D-CG-99593. 421 Again, while Frankel was investigated for financial wrongdoing, no evidence ever emerged that the company had paid him an under-the-table bonus. No charges were ever brought against him.
422 Joseph Caiazzo has said that he had no idea the money for the house mortgage was co
ming from Whitacre himself. His statement appeared in “Records Show Flows from Archer Executive’s Account,” New York Times, October 24, 1995. To the best of my knowledge, that article was the first time it was publicly disclosed that Whitacre had used the house mortgage as a method of bringing money from a foreign account back into the country, tax-free. Asked about the transaction, Caiazzo expressed surprise. “I’m as shocked as anybody,” he said in the article. “I had reason to believe that it was absolutely not his money.” Caiazzo was never charged with any wrongdoing.
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427–28 The timing of Richter’s message to Hulse and Allison, as well as the words he used, from a transcript of the voice mail.
428 Hulse’s decision to save Richter’s message from a 302 of his interview of September 12, 1995, as well as a September 15 memorandum of a subsequent discussion between Sean Berkowitz and D’Angelo. 428–35 Some details of Hulse’s interview with the FBI on September 12 from a 302 written by D’Angelo and Grant for case file number 196D-CG-99593. 431–32 Descriptions of the Nigerian swindle from copies of fraud letters, as well as a 1998 briefing paper by the International Organization of Black Security Executives and information posted on the Web site for the Securities and Exchange Commission. Additional information from transcripts of a December 11, 1994, broadcast of 60 Minutes and an August 17, 1994, broadcast on Morning Edition with National Public Radio.
433 Jerome Schneider’s background from Kate Berry, “Is It Still Smart to Keep Your Money Offshore?,’’ Investor’s Business Daily, July 9, 1996, p. A1. Also, from a transcript of an April 11, 1997, broadcast on 20/20, the television program. 435–36 The deal offered to Richter by ADM on September 13 was described in a letter two days later from Steve Urbanczyk of Williams & Connolly to Scott Roberts of ADM’s legal department.
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