436 The termination of Sid Hulse was described by Sean Berkowitz in his conversation with D’Angelo that night, which was recorded in the memorandum of September 15.
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436–37 A partial transcript of Johnson’s speech at Emory was printed in “ADM and the FBI ‘Scumbags,’ ” Fortune, October 30, 1995, p. 116. 437–38 Whitacre’s new job at Future Health Technologies was described by Bloomberg Business News, “ADM Whistleblower Whitacre Has New Job,’’ Springfield State Journal-Register, October 10, 1995, p. 23.
438–39 Richter described his conversations with Whitacre in his sworn testimony of May 18, 1998, in ADM v. Mark E. Whitacre et al. 439 Details of Epstein’s September 21 call to Bassett from a memorandum written by Bassett dated September 26, 1995.
440 Details of Page’s interview with Williams & Connolly from the 302 of his November 25, 1996, interview with D’Angelo and Grant for case file number 196DCG-99593. 440–46 Details of Ron Ferrari’s first FBI interview from a 302 dated October 10, 1995, and written by D’Angelo and Bassett for case file number 196D-CG-99593. 446–47 Richter’s comments appeared in several reports, including Henkoff, “Checks, Lies and Videotapes,’’ Fortune magazine, October 30, 1995, p. 109, and Bloomberg Business News, “Fired ADM Exec: Firm OK’d Secret Payments,’’ Decatur Herald & Review, October 12, 1995, p. 1A.
447–48 Grant described his October 13 phone call with Mackay and Nixon in an electronic communication to Bureau headquarters, written on October 21, 1995. 448–49 Details of the Tribune article from Nancy Millman, “ADM Mole Discloses a Cache of $6 Million: Off-the-Books Scheme Endorsed by Bosses, Former Executive Says,’’ Chicago Tribune, October 17, 1995, p. 1. 449 Details of Whitacre’s meeting with Miller on October 17 from the psychiatrist’s notes of that day’s session.
449–51 There are several documentary sources for the story of Ferrari’s encounter with Whitacre, two of which are contemporaneous. A memorandum by Bassett written on October 20, 1995, described a phone call of the previous evening with Jeff Steinback, Ferrari’s lawyer, in which the encounter is described. In addition, immediately after the event, Ferrari prepared a memo for Steinback, describing the events as they unfolded. Finally, Ferrari described the event in his sworn testimony of January 27, 1998, in the case of ADM v. Mark E. Whitacre et al. 452 The Justice Department statement appeared in several publications. Relevant articles are from Nancy Millman, “ADM ‘Not Target’ of Criminal Probe,’’ Chicago Tribune, October 18, 1995, Business section, p. 1, and “Archer-Daniels Is Not Subject of One Investigation by U.S.,’’ New York Times, October 18, 1995, p. D10. 452–53 Richard Reising’s statement at the ADM shareholders meeting from Henkoff,
“ADM Takes the Justice Department for a Spin,’’ Fortune magazine, November 27, 1995, p. 35. Other details, including the contretemps between Andreas and the union official, are from my own observations and notes. 455–59 Details of Richter’s November 8 interview with D’Angelo and Bassett from the 302 of that encounter written by the agents for case file number 196D-CG-99593. Additional details from his sworn testimony in ADM v. Mark E. Whitacre, as well as from Whitacre’s 2004 examination on December 3, 1997, in the bankruptcy case In Eich_0767903277_5p_03_r1.qxd 10/11/01 3:58 PM Page 600 600
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re: Mark Edward Whitacre and Ginger Lynn Whitacre, case number 97-14541 (Chapter 7), filed in the United States Bankruptcy Court for the Middle District of North Carolina, Durham Division.
Adolpho Acebras was never charged with wrongdoing in the case. Richter discussed the role of Acebras in greater detail during his testimony in ADM v. Mark E. Whitacre et al. Supporting material comes from the original documentation in the transaction, including: an undated letter from Komven to Richter, bearing the signature of Acebras; an internal ADM “accounts payable check/distribution request,”
which shows that the check was made out to the same address and individual listed in the undated letter; and a copy of a December 1, 1991, check from ADM in the amount of $87,466, payable to Acebras.
459–60 Herndon’s encounter with Richter by phone was described in an electronic communication written by D’Angelo, regarding his phone call with Herndon immediately following those events.
CHAPTER SEVENTEEN
461–63 Some timing and related issues involving the phone calls on the morning of November 10, 1995, from a billing-account statement from Epstein, Zaideman & Esrig.
461–63 Some details of the conversations of November 10, 1995, between Herndon and D’Angelo; D’Angelo and Bassett; D’Angelo, Bassett, and Epstein; and D’Angelo, Bassett, Epstein, and Whitacre from an electronic communication written by D’Angelo on November 14.
463 Some details of Whitacre’s follow-up call on November 10, 1995, from a 302 from that date written by Bassett and D’Angelo for case file number 196D-CG-99593. 463 Some information about the history of the Monadnock Building from Adam Davidson, “Chicago Is a Showcase for Architectural Landmarks,” Chicago Tribune, June 21, 1999, Metromix section, p. 1.
463–67 Some details of Ferrari’s interview of December 6, 1995, from a 302 of that day written by D’Angelo and Bassett for case file number 196D-CG-99593. 467–69 Quotations from the December 12, 1995, letter from Spearing, Mackay, and Nixon to Bassett and D’Angelo come from the letter itself. 470–71 Quotations from the December 12, 1995, letter from Worthington to Spearing come from the letter itself.
472–74 The run-in between Patti McLaren and Andrew Levetown was described in some detail by Nancy Millman, “Private Investigators on Trail of Whistle-blower at ADM,’’ Chicago Tribune, February 4, 1996, Business section, p. 1; as well as by Henkoff, “Of Gumshoes, Gardeners and ADM,’’ Fortune magazine, March 4, 1996, p. 31. In both of those articles, the writers referred to allegations by McLaren that Levetown had indicated his firm might provide her with money for information about Whitacre. While such an offer is perfectly legal—and indeed, common among private detectives—Kroll Associates has vigorously disputed that it ever occurred. So, in the narrative, I have chosen to place the break immediately before the events in dispute. Whether it occurred, I believe, is of no consequence and does not affect the story. While these allegations are raised later by the Lamet Vov, they are not Eich_0767903277_5p_03_r1.qxd 10/11/01 3:58 PM Page 601
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being described for their truth, but rather for the impact the charges had on Kroll’s efforts.
474 Quotes from Hoech’s letter to Yamamoto from the actual document. 475 The failure of the secretaries to bring up the Decatur Club allegations from their 302s taken during the ADM investigations.
475–76 Statements of the new witness, identified with the pseudonym of Joseph Graham, regarding possible frauds at ADM from a subsequent memo describing the information written by Herndon for Frances Hulin, dated January 30, 1996. 476–77 The “prostitute questions’’ from the actual document. 477–78 Details and quotes of the Lamet Vov letters from the following communications: July 18, 24, 30, and November 26, all in 1995. Also, from January 3, 1996. 478 Background of the term Lamed Vav Zaddikim from C. G. Montefiore and H. Lowe, A Rabbinic Anthology (Meridian Books, 1960), and Rabbi Stephen Pearce,
“Kee Tissa: On imagining each person as the Messiah,” Torah Thoughts, March 8, 1996.
478–79 Some details of Williams & Connolly’s hunt for the Lamet Vov from a letter written by Jim Nixon to Bassett and D’Angelo on February 1, 1996. 479 Quotes of Daniel and Simon’s letter from the original document addressed to Mackay and Nixon, dated January 31, 1996.
479 Dain Bosworth research quote from Wittenburg’s original report. 479–81 Some details of Marty Allison’s interview from a 302 of February 13, 1996, written by Herndon. 482 Details of Lassar’s conversation with D’Angelo on February 14 from a memo of the discussion written by D’Angelo.
48
2–83 Some details of Kroll’s comparisons of the ADM case from John Grisham, The Firm, 1991.
484–87 Details of Goldberg’s conversation from Hoech from several sources. The first and most important is a tape recording of the discussion made by Hoech. Second is a 302 of Goldberg, written by Bassett, following a March 19, 1996, interview about the call. Details of Goldberg’s notes during the phone call come from the original document. 488 The pages about Dick Beattie that were sent around to ADM directors were from Sarah Bartlett, The Money Machine (Warner Books, 1991), pp. 287–300. 488–89 Quotes from the anonymous letter faxed to ADM are from the original document. Some other details of the event from a letter from Barry Simon of Williams & Connolly to Jim Nixon at the Justice Department, dated March 21, 1996, and from information contained on a Polaroid picture taken that day of the caller-ID box.
489–90 Some details of the efforts to confirm the abduction story from a memorandum written by Mike Bassett on March 27, 1996.
490–92 Some details of the Hoech interview from a 302 prepared by Bassett and D’Angelo.
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492–93 Details of Killham’s recommendation for Shepard’s transfer to St. Thomas from the original draft.
493–94 Details of Whitacre’s interview with Steve Delaney of WAND from a videotape of the event.
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495–96 Beat Schweizer’s call to the Justice Department, and the subsequent difficulties in arranging his interview, are described in an electronic communication to Bureau headquarters written on April 18, 1996, by Bassett, as well as an electronic communication from the same date relating to Bassett’s contact with Kurt Sieger. 496–99 Some details of Schweizer’s interview with the government from a 302 of May 13, 1996, written by Bassett and D’Angelo. Also, from an electronic communication to Bureau headquarters, written by D’Angelo on May 15. 498–99 The Justice Department confirmed that the Swiss prosecutors were sharing information with ADM attorneys. That is documented in an electronic communication, written by Bassett on May 20, 1996. 499 The reaction to the news of the Swiss leak is described in the electronic communications of May 15 and May 20. 500 A listing of the attendees to the 1996 Bilderberg conference was obtained by the author. Some details of the CIBC Center from a press release issued by the company on January 13, 1994.
500–501 Some details of the final interview with Shepard’s new witness from records of the polygraph.
501–502 The Biomar transaction involving the one-hundred-thousand-dollar Swiss check is described in several documents, including the depositions of Evelyn Ann Whitacre on March 23, 1998, and of Marion E. Whitacre on March 24, 1998, in the case of ADM v. Marion E. Whitacre, case number C-1-98-100, filed in the U.S. District Court for the Southern District of Ohio, brought since Whitacre’s parents’
names appeared on checks written from their son’s foreign bank accounts. The case was later dropped. Additional information from the original documents, including the loan agreement and the Swiss check, as they correspond to the testimony of Mark Whitacre on October 24, 1997, in the bankruptcy case In re: Mark Edward Whitacre and Ginger Lynn Whitacre, case number 97-14541. 502 The court fight in Peoria is described in an electronic communication by D’Angelo, written on June 14, 1996.
502–503 Details of Rochelli’s grand jury appearance from a transcript of the proceedings, dated June 20, 1996. This also corresponds with Rochelli’s interview with the FBI, as documented in a 302 written by D’Angelo and Bassett, dated January 24, 1996.
504–505 Details of the Yamamoto documents from copies of the original records. Some details of Yamamoto’s interview from a 302 written by Herndon, dated June 30, 1996.
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505–506 Some details of the August 12, 1996, interview with J. S. Kim from a 302 prepared by Herndon. 506 The discussions with Jim Epstein about possible charges were recorded in an electronic communication to Bureau headquarters, written by D’Angelo on August 16, 1996.
511–518 Some details of the government’s interview with Marty Allison from a 302 written by D’Angelo and Bassett, dated September 20, 1996. 518 The total amounts of the money stolen in 1991 that went to Nigeria from records prepared by the Chicago FBI for the fraud investigation. 518–19 Details of the lawsuit from the original complaint in ADM v. Mark E. Whitacre et al.
519–20 The hunt for and subsequent interview of David Page from a series of documents, including a 302 prepared by Special Agent James Halterman from the first interview conducted with Page; a 302 by Bassett from September 23, 1996, which described the hunt for Page; and the 302 of the final interview on November 25, 1996, prepared by D’Angelo and Grant.
CHAPTER NINETEEN
521–23 Some details of the final meeting of the ADM special committee from the official minutes. 523 Descriptions from the 1996 ADM shareholders meeting from my own personal observations. 524 The difficulties in treating Whitacre from progress notes written by Dr. Derek Miller, October 11–16, 1996.
526 Details and quotes from the letter terminating Epstein from the original document, dated November 3, 1996.
526 Kurth’s background and specialty from his entry in Martindale-Hubbell. 526–27 Quotes from the “Carpenter’s Union” letter from the original document. Other details from a November 8, 1996, letter by Aubrey Daniel, written to John C. Keeney, acting Assistant Attorney General of the Criminal Division. 528 The meeting between Whitacre, his lawyers, and Dr. Miller was documented in a progress note, dated December 19, 1996.
528–29 Some details of the Henkoff call and subsequent contacts were described in a detailed electronic communication, prepared by Shepard on January 9, 1997. 529–30 Quotes and details of the Fortune article from Henkoff, “Betrayal,’’ Fortune magazine, February 3, 1997, pp. 82–91.
530–33 I had certain advantages in recognizing the forgeries. Months earlier in 1996, at the time I was beginning to express doubts about some of Whitacre’s stories, an old press release issued by him reappeared at my office. It had what appeared to be a fax telltale at the top with my office fax number on it. David Hoech, the self-proclaimed Lamet Vov, told me that this document had been filed in court by ADM and was evi-Eich_0767903277_5p_03_r1.qxd 10/11/01 3:58 PM Page 604 604
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dence that I had been sending information to the company. As a result, I was told, Whitacre was planning to sue the New York Times and me for millions of dollars. I did not know how to take this, since Whitacre himself was not saying any of this to me—
and in fact, when asked, discounted it. On checking the court records, I found the same document filed as an exhibit, but it did not contain a telltale for my fax number. The document that I had been sent was a forgery. The telltale was the number for the receiving fax machine at the Times, not the machine used to send documents. Moreover, phone bills showed that no call had ever been made from the number on the telltale. Finally, the telltale itself was printed in a font that is not used in any fax machine, although it is the default font for a popular word-processing program. From then on, I knew to study every record in this case for evidence of forgery. Around the time of the publication of The Informant, David Hoech again relied on this forgery to begin falsely suggesting to reporters that I had been forwarding documents to Williams & Connolly. I decided to find out, once and for all, who had created the forgery. Subsequently, in a telephone conversation with Whitacre, I asked if he had, in fact, forged the document. Whitacre admitted doing so, although he said he could no longer explain his motivation. I would point out, however, that the fall of 1996 was when Whitacre’s psychological state was at its most confused. Finally, I want to stress that in the course of this story, almost every reporter—
including me—made mistakes. Mine came early in my coverage, in 1995, when I incorrectly
reported that Whitacre had reached a plea agreement with the government. While at that point Whitacre had agreed to plead guilty and cooperate, the government had not accepted the offer. No one gave me bad information; rather, I had simply misunderstood, and, as a result, misrepresented the truthful details I had learned and confirmed. Of course, everyone involved in the case recognized my error, and so it had no impact on these events. I wrote a corrective article the next day. I bring this up to underscore, while the situation with the bogus documents worked out well for me, that did not unfailingly hold true.
532–33 The bogus Miller letter was dated November 14, 1995, but was obviously prepared sometime after that. The actual letter, from Miller to Whitacre, was dated December 16, 1996. The bogus letter from Whitacre to Epstein was dated July 17, 1995, but was also prepared sometime later. The Ameritech press release was dated November 20, 1995.
534 Details of the New York Times article from “Archer Daniels Informer Admits Recent Deception,’’ New York Times, January 15, 1997, p. D1. 534 Details of Whitacre’s charges from the indictment filed in U.S. v. Mark E. Whitacre, case number 97-20001, filed in the U.S. District Court in the Central District of Illinois, Urbana division.
538 Details of the dual appearances before the indictment review committee from an electronic communication prepared by D’Angelo on February 6, 1998. 541–42 Details of Whitacre’s plea from the transcript of the proceedings dated October 10, 1997. Quotes of statement handed out after the plea from the original document. 543–44 Some details of Whitacre’s final interview with the government from a 302 prepared by D’Angelo, dated February 6, 1998. 544–45 Details of the Whitacre affidavits from the original documents, both dated Eich_0767903277_5p_03_r1.qxd 10/11/01 3:58 PM Page 605
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The Informant Page 77
