Informant (86 page)

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 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 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.

482–83
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.

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.

CHAPTER EIGHTEEN

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.

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 evidence 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.