Informant (82 page)

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.

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.

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.

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.

134–3
6 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 summa-rizing 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. 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-of-custody 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.