Informant (84 page)

242
The Espy problems were described by David Johnston, “Agriculture Chief Quits as Scrutiny of Conduct Grows,’’
New York Times
, October 4, 1994, p. A1.

242–44
The October 11 meeting between Whitacre and the FBI is described in a 302 of that date.

244–50
Details of the Chicago trip of Whitacre, Wilson, and Andreas—as well as the meeting at the Four Seasons and the return trip—from transcripts of tapes 1B121 and 1B124 for case #60A-SI-46290.

245–46
The description of the cab taken by the ADM executives from a receipt of the trip.

246
Observations of the ADM executives from FBI surveillance 302s written by Herndon and Shepard, dated October 13, 1994.

250
Details of the October 14 phone discussion between Whitacre and Shepard from a 302 of that date. Whitacre’s location when he made the phone call was established by the author through time stamps on his receipts from that day.

250–52
Details of the Scottsdale sales meeting from the February 13, 1996, 302 of Marty Allison.

251
Richter described talking with Whitacre about his background in his sworn deposition of May 18, 1998, in the case
ADM v. Mark E. Whitacre et al.
, case number 96-2237. This was the first of three days in Richter’s deposition.

252–53
Timing and some other details of Whitacre’s visit with Daniel Briel from a faxed memo from Whitacre to Briel, dated October 25, 1994, that was kept on file at the Swiss Bank Corporation’s office in Zurich. Whitacre’s hotel was determined by copies of the bill, which included time stamps.

253
Whitacre’s news of the Atlanta meeting was described in his 302, dated November 2, 1994, and written by Shepard and Herndon.

253–54
The discussion about the possible arrest of the foreign executives during the Atlanta meeting was detailed in a December 8, 1994, teletype from the Springfield FBI to headquarters.

256–57
Details of the GE case, and the subsequent reaction, from William W. Horne, “GE Crushes the Trustbusters,’’
American Lawyer
, January-February 1995, p. 57.

259
Details from the Kuno Summer tape of December 12, 1994, from a summary of recording 1B127 for case #60A-SI-46290.

259
The relationships between Coca-Cola and the Buffetts in that time from a proxy statement of Berkshire Hathaway, Warren Buffett’s investment vehicle, that was filed with the Securities and Exchange Commission on February 23, 1995.

259–60
Howard Buffett’s intention—prior to his knowledge of the FBI investigation—to resign from ADM in December of 1995 from a July 10, 1995, teletype from FBI-Springfield to FBI headquarters, which summarized statements made by Buffett in an FBI interview of June 29, 1995.

CHAPTER ELEVEN

263–64
Herndon described the problems with the briefcase recorder in his testimony during
U.S. v. Michael D. Andreas et al.

264–67
Details of the Atlanta meeting from a transcript of recordings 1B30 and 1B31, dated January 18, 1995, for case #60A-SI-46290.

266
The transcript of Chaudret’s statement in response to Whitacre’s story about receiving his briefcase from a hotel employee quotes him as saying: “Very funny, huh,’’ and adding, “In Paris, it would have already been sold.’’ The author listened to the videotape recording on headphones, and also played it to someone who is fluent in French. Both of us concluded that the transcript was wrong. Since the words we heard made more logical sense than the quote from the transcript, I chose to rely on them in the dialogue.

269
Some details of Whitacre’s call with Chris Jones from a 302 of Whitacre, dated January 31, 1995, and written by Shepard. Also from a 302 by Craig Dahle, from his interview of February 1, 1995.

269–70
Some details of Whitacre’s call with Shepard from the 302 of January 31, 1995.

270–72
Some details of Whitacre’s interview with Dahle from a 302 of February 1, 1995.

272–73
Herndon’s talk to Bureau headquarters from a written copy of the speech.

277
Some details of the Hulin meeting were described in an undated E-mail, written by Anne Bingaman to the Chicago antitrust office.

278–79
Details on Hulin’s plan to go overt from a routing slip prepared for supervisors in the Springfield FBI and dated February 28, 1995.

279
Details of Bingaman’s e-mail from the original message.

279
Details of the Chicago antitrust office’s e-mail from the original message.

284–85
Some details of Mimoto’s April 8 conversation with Whitacre from the Ajinomoto executive’s 302, dated July 2, 1996.

285–86
Some details of the Oklahoma City bombing from “Terror in the Heartland,’’
U.S. News & World Report
, May 1, 1995, p. 28.

286
Whitacre described his tendency of carrying thousands of dollars in cash in his briefcase in statements to his psychiatrist, which were recorded in an admission note by Dr. Derek Miller dated August 9–10, 1995. Also, Marty Allison of ADM made reference to that in his FBI interview dated September 20, 1996.

286–87
Bruch described the April 27 calls on the “hello’’ line and the main office line in a written communication reviewed by the author.

CHAPTER TWELVE

290
Details of the FBI National Academy event, as well as of Cheviron’s memo to Claudia Manning, from the original memo.

292
Details of the strategy behind the raid from an internal FBI teletype, dated June 22, 1995.

293–97
Some details of Whitacre’s meeting of June 26, 1995, with the FBI from a 302 of the interview.

298
Details of the flight to Washington by Hoyt and Kilham from the tickets and expense logs.

300–305
Some details of the June 27, 1995, FBI interview of Mick Andreas from the 302 prepared by Shepard and Herndon, as well as a summary teletype dated June 28, 1995.

307–308
Details of the Dwayne Andreas interview of June 27, 1995, from a 302 of that day, written by Special Agents Alec Wade and Steven Nash.

308
Details of the Barrie Cox interview of June 27, 1995, from a 302 of the investigation and a summary teletype written the next day.

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.

CHAPTER THIRTEEN

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.

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.