"MAN:" "You know that orange juice you have every morning?" "You know what's in that?" "Corn." "And you know what's in the maple syrup on your pancakes?" "You know what makes it taste so good?" "Corn." "When you're good and help with the trash you know what makes the big, green bags biodegradable?" "Do you?" "Uh-huh." "Corn." "Corn starch." "But Daddy's company didn't come up with that one." "DuPont did." "MARK:" "Porsche or Porsche?" "I've heard it both ways." "Three years in Germany, I should know." "What's German for "corn "?" "The German word I really like is kugelschreiber." "That's "pen. "" "All those syllables just for "pen. "" "Archer Daniels Midland." "Most people have never heard of us." "Chances are, they've never had a meal we're not part of." "Just read the side of the package." "That's us." "Now ADM is taking the dextrose from the corn and turning it into an amino acid called lysine." "It's all very scientific." "If you're a stockholder all that matters is corn goes in one end and profit comes out the other." "We have the largest lysine plant in the world." "That's where I come in." "Hey, Kirk." "Mark." "When are we gonna hit some balls?" "Anytime." "What do they pay Kirk?" "What does a guy like that get?" "I bet he gets a hundred grand." "He's just gonna sit behind that desk and ride it into the future." "Good morgen." "Morning, Mark." "Morning." "They have lysine results." "Great." "MAN:" "We adjusted the dextrose levels again, but the virus keeps showing up." "I thought we had it surrounded this time." "We started a new set of cultures." "MARK:" "We'll get it." "We just have to stay after it." "The things eat sugar and that's what we're giving them." "A warm place filled with sugar." "The fucking thing is supposed to produce 1 1 3,ooo tons annually." "We're not gonna get anywhere close to that." "We've got over $ 1 5o million in costs over there, guys." "wilson:" "Do the Japanese have these problems?" "I don't give a shit about the Japanese." "You've gotta get the goddamn lysine bugs to eat some dextrose and shit us out some money." "We're having problems with this virus." "ANDREAS:" "I don't want to hear about the virus." "How much are we losing a month?" "We are down like seven million per." "That's not gonna fly much longer." "You want to go in next month, tell my father we're sucking the hind tit on this?" "I sure don't." "We're number 44 on the Fortune 5oo list, Mark." "I don't want this turning us into number 45." "Fix it." "MARK:" "Feed a chicken corn and it gets sick, like what happened to the first settlers." "Pellagra disease." "Niacin deficiency." "Gave them all sorts of problems:" "dermatitis, ataxia, even dementia." "Feed a chicken corn and lysine and it goes from egg to supermarket fryer in six months instead of eight." "ginger:" "Mark?" "Where are you?" "Hey, you look great." "oh." "They got the first wall of the stables up today." "See that?" "You know they're doing a new thing in hydroponics?" "They're now feeding lysine to the jumbo shrimp." "Can you imagine that?" "You're a jumbo shrimp and one day some corn goes floating by." "What do you think about that?" "Weird, right?" "There's an opening in the plant in Mexico." "They might need me to go down and set some stuff up." "What do you think about Mexico?" "I thought we were getting horses." "Toro." "That's what Spanish bullfighters say." "But it's also what the Japanese call the high-end tuna sushi." "Toro." "Raw fish." "Who went first on that one?" "The guy without the grill." "I've been to Tokyo." "They sell little-girl underwear in the vending machines right on the main drag, the Ginza, or whatever." "Guys in suits buying used girl panties." "How is that okay?" "That's not okay." "Yeah." "liz:" "There's a Mr. Nakawara calling from the Ajinomoto Corporation." "He says you know him and he needs to speak with you." "Yeah, put him through." "MARK:" "It's the Japanese." "There's this guy, Nakawara." "He works at Ajinomoto." "He was here a couple weeks ago." "You met him." "I've been talking to him at work, but sometimes from home because of the time difference." "Mick, this guy knew everything." "Everything." "He says to me, "Hey, you know that total nightmare you guys had May, June, July?"" "Before I ask him what he's talking about, he goes:" ""Those months when ADM was losing $ 7 million a month in the lysine business."" "Mick, I couldn't believe it." "He goes on to tell me that one of our highest-paid employees is actually an employee of Ajinomoto, who is sabotaging the plant." "They're injecting a virus into the dextrose and contaminating the whole deal." "That's the problem." "I'm telling you, Mick, it's like Rising Sun." "It's like the Crichton novel." "It's just like that." "I go, "Why are you talking to me?" Know what he says?" "Yeah, I know what he says." "How much does he want?" "Ten million dollars." "Ten million, but that gives you the identity of the saboteur the secret identity, and a new lysine bug that is immune to the virus." "We have the plant up and running in three days." "How well do you know this guy?" "[sighs] I met him when he was here." "We've spoken on the phone half a dozen times." "So not very well." "very well?" "No, I wouldn't say that." "If you hear from him again, talk him down on the price." "Find out the least amount of money he'd settle for." "I mean, if we can get a bug that's resistant to the virus, this might be worth it." "But keep this secret." "If there is a mole, I don't want him to know that we're on to him." "Absolutely." "MARK:" "This would be a great place for some outlet stores." "People would come from all over southern Illinois, probably Missouri." "Famous name-brand labels and appliances at savings of up to 50 percent every day." "Maybe a food court with a Mexican place." "The birds eat the bugs, the cars eat the birds, the rust eats the cars..." "...and new construction eats the rust." "ginger:" "Corky!" "ginger:" "Alexander says there's a bat in his room." "The fbi?" "God, no." "I thought you wanted me to talk him down on the price." "And I was doing it." "We're not gonna sit back and let the Japanese fuck us sideways." "I don't understand." "We weren't gonna mention it and now he's in on it?" "of course he's in on it." "If there's a mole, it's a security issue." "I'll be sitting in with the fbi." "I already told you everything there is to tell." "I mean, what is the point?" "CHEvlRoN:" "Mark." "Calm down." "All right?" "We don't like the idea of talking to the fbi any more than you do." "They're just gonna tape the guy's calls, ask you a few questions." "No big deal." "Questions?" "Jesus." "Mark?" "ginger:" "The FBI?" "Why do you have to talk to the fbi?" "It's their plant." "Just" " Just let them talk to the fbi." "Babe, I am really uncomfortable with this." "There are some things that are going on here." "What does that mean, "things"?" "MARK [o ver phone] :" "It just-- It means that we have to be careful." "Well, whatever you do, Corky, no matter what's going on just be honest with them and tell them the truth, okay?" "MARK:" "He said he wanted the money wired into a numbered account in Switzerland and then also in the Caribbean." "Uh...." "And when did you last have contact with him?" "Two days ago." "But I think he's getting suspicious." "I've been dragging this thing along." "I think if we don't make a move...." "l mean, he could already have backed down here." "And these calls, they've been coming in on your home line?" "Well, I have an ADM line at my house." "It's a business line." "They've been coming in on the business line." "Well, I think we should start with putting a recording device on your phone." "MARK:" "There's a sale at Bachrach's." "They have those Oscar de la Renta ties that nobody buys." "What are they, two for one for another week?" "Diagonal bands of color hanging around your neck." "They never put the nice Brioni ties on sale." "I should just get all my ties in Paris wear them once or twice and shove them in a duty-free bag." "Nobody gets stopped at customs for ties." "I can help with that." "So that's it, then." "I can go?" "Listen." "Why don't...?" "Ahem." "I'd like to come out tomorrow, get on that phone." "Great." "No problem." "Thank you for your time." "Thank you." "You told the truth, Mark." "That's all you can do." "I never even had the chance." "They were watching me the whole time." "Cheviron was in the room." "Mick Andreas gets the vice president of the United States as his godfather." "He goes to Richard Nixon's house for Thanksgiving." "It's not like his parents died in a car accident and he ended up in an orphanage." "Mick's dad wrote a check to the Nixon campaign." "It wound up in the account of the Watergate burglars." "Did he admit it?" "I don't think so." "Besides, ADM probably owns the FBI." "They probably wanted me to move into Dwayne's old house because they got it wired like in a Crichton novel." "liz:" "Marty Allison called." "And Sid Hulse wants to know if you can have dinner at 7:oo instead of 7:3o." "sid:" "Great earrings, Ginger." "Bet you can see those shining from space." "Mark got them abroad." "I can't remember where." "Nigeria?" "Not funny, Sid." "sid:" "You're telling me." "[sid LAUGHS]" "MARK:" "So, Sid, you're off tomorrow?" "Where to?" "sid:" "West Coast swing." "Gotta get up there." "Kick some Japanese butt." "MARK:" "I'm not gonna see you for weeks?" "Maybe longer if I get lost in the Ginza." "Have a great trip, Sid." "ginger [whispering] :" "Just tell them everything." "We'll leave." "I don't like what this company is doing to you." "This is a chance to start somewhere new." "Remember, you said Mexico?" "I may tell them at some point." "But now, I gotta toe the company line here." "Mark if you don't tell them, I will." "I can't." "Not now." "[doorbell rings]" "[door opens]" "Hello." "Please." "Agent Shepard, my wife, Ginger." "SHEPARD:" "Ma'am. I know it's late." "I'll be out of your hair in a minute." "Great." "Maybe a cup of coffee for Agent Shepard?" "okay." "SHEPARD:" "Just show me where the line in question...." "MARK:" "It's that one over there." "MARK:" "There should be a Tv show about a guy who calls home and he's there." "He answers, he's talking to himself, only it's someone else." "He's somehow divided into two and the second one of him drives away." "The show is about him trying to find the guy." "I'll give you a call tomorrow." "We can test it out." "Great." "Great. okay." "Thank you for coming by." "Good night." "Night." "Good night, Mrs. Whitacre." "ginger:" "Good night." "Are you gonna say something, or am I?" "Don't." "Brian?" "Hey, got a minute?" "Um...." "[whispering] Can I talk to you in the car?" "Sure." "[CAR door opens]" "[CAR door closes]" "We could go back inside if you want." "They might have it bugged." "We're safer out here." "Bugged?" "What?" "Who?" "Us?" "All right, there's things I know." "If I decide to tell you could I be prosecuted?" "I cannot provide you with immunity, but any information about your involvement in criminal activity would be discussed in a favorable light with the U.S. Attorney's office." "okay." "Everything I told you yesterday about Nakawara was true." "Absolutely." "Except one thing." "He never called me on my business line." "Well, why did you tell me that he did?" "Before I spoke with you yesterday, I was coached by the guys at ADM to tell you that he called on my business line, not my home line." "Why?" "What I'm about to tell you, it involves something very large." "This Nakawara extortion thing is nothing compared to it, nothing at all." "This involves price fixing in the lysine business." "Now" "Wait, hang on." "Take some notes." "[SHEPARD sighs]" "okay, go on." "Price fixing in the lysine business." "I have been in several meetings with our Japanese and Korean competitors over the last few months, where the sole purpose was to fix the prices." "ADM made me go to those meetings." "See, that's why they wanted me to lie." "Because the Nakawara calls came in on my home line but so do the calls from the people we're fixing prices with." "They don't want you to hear those." "They instructed me to tell you the Nakawara calls came in on my ADM line." "But I realized that once you guys started digging around in the records you'd see I have all these calls to Japan." "Right?" "That's what scared me." "Nobody's got more calls than me." "So if you figure out the price-fixing thing, I'd be the fall guy." "Who told you to participate in these price-fixing talks?" "I'm operating under the direction of Mick and Dwayne Andreas." "[engine STARTS]" "MARK:" "He seems like a real good guy." "I hope he doesn't mind me calling him Brian instead of Agent Shepard." "I might even try Bri out." "This must be very different for him talking to a guy like me instead of a bank robber or a drug dealer." "I could see us fishing or whatever." "What a good listener." "You don't meet one of those every day." "Morning." "Morning." "What happened last night?" "What do you mean?" "Nothing." "Well, they put a recorder on the phone." "That's it?" "Well, yeah." "He said when Nakawara calls I just flip a switch and record the conversation." "Yeah?" "oh." "Put her through." "Make sure you do it." "They have ways of checking up." "Sure thing." "Hi, hon." "What?" "Slow down, honey, slow" "What?" "What?" "SHEPARD:" "A pound of bacon, a peanut butter sandwich, some vitamins." "Anything that ADM has a hand in, it's all fixed." "That's what he's telling me." "I mean, basically...." "l mean, everyone in this country is a victim of corporate crime by the time they finish breakfast." "MARK:" "You think the automobile companies can't make a car that gets 1 00 miles to the gallon?" "You think the networks don't know who'll win the World Series before the season starts?" "Paranoid is what people who are trying to take advantage call you to get you to drop your guard." "I read that in an in-flight magazine." "one potential problem I see moving ahead with ADM is this guy Cheviron." "He wants to be kept in on the loop on everything that we're doing." "I want to meet Mark Whitacre." "You said they were only gonna tap one line. one line." "They are only monitoring one line." "That is not true." "That is absolutely not true." "I just got off the phone with my wife." "Some woman named Regina at the phone company called her and said that both my lines are tapped." "My home phone." "Come on, Mark." "The phone company doesn't call people and say:" ""Hello, we just wanted to let you know that the fbi is tapping your phone lines."" "Then why would Regina say that?" "She didn't say it." "You're saying it." "Call my wife." "Call Regina." "Fine." "Mark." "I will." "All right?" "I will." "Good." "I don't like wool on skin." "Not even that merino wool they have at Marshall Field in Chicago." "Ginger likes it because it's formfitting, but she likes avocados." "And who wants that texture in their mouth?" "Who'd make up someone named Regina?" "It's the capital of Saskatchewan." "[phone rings]" "fbi, Shepard." "CHEvlRoN:" "Hello, Brian." "It's Mark Cheviron at ADM." "Yeah, Mark." "I was talking to you guys a couple days ago about which of the lines at Mark Whitacre's house you would be monitoring and we had agreed it would only be the business line so that's all you did, right?" "I really can't answer that." "Uh-- okay." "Thank you." "We have decided we will no longer be cooperating with any further fbi requests." "I knew it. I knew it." "I told you and you wouldn't listen." "You said, "Just the office line, Mark."" "Evidently, they were lying to us too." "Well, evidently, you can't keep track of what the fbi's doing." "[phone rings]" "Yeah?" "liz:" "The call you were expecting, Mark?" "Well, put him through." "It's a Swedish deal I'm working on." "Mark Whitacre." "Hey, Mark, it's Brian Shepard." "I told Shepard we're done working with him now." "Hi." "So good to hear from you." "I want to bring my supervisor by to meet you." "This weekend be okay?" "Well, great." "Well" " So Mr. Andreas is in my office right now." "SHEPARD:" "Okay." "So I'll talk to you later." "Okay." "Good." "What do I do if this Shepard guy calls?" "You let me know about it, and I'll tell my dad." "But you're done talking to them." "Absolutely." "okay, guys, I'm gonna go over the rules." "There's no running, no pushing, no horseplay by the pool." "And when you have fished all the leaves out you go into the garage and get the cover for the pool." "And I'm gonna go get your dad when he's done and he's gonna come and do an inspection." "What was that, honey?" "ALEXANDER:" "You already told us this." "ginger:" "Honey, well, I'm going over it again." "Now, what is the scoop with all my phones being tapped?" "The only listening device was the recorder, Mark." "We had a trap-and-trace device on your home line, but we can't listen in on that." "However, the phone company calling your wife and telling her about our intel gathering...." "Well, my face is red on that one." "Shouldn't happen." "Did you bring the expense reports?" "Yeah." "Yeah." "okay, this is Mexico City, Paris, Hong Kong, Tokyo." "There was a meeting of the Corn Refiners Association in Florida last week." "Mick and Terry went to that one." "They were doing the regular meeting during the day, and at night they'd get together with our competitors and work out how to fix the prices." "Watch. in about six months, the price of a liter of soda pop is gonna be about 5 cents more." "Well, when's the next meeting?" "MARK:" "January." "Somewhere in Asia." "Mark, I gotta ask you." "Why are you doing this?" "We know you lied about the phone line, and you're afraid of that." "But now you're telling us all this other stuff out of the blue." "Got to ask you why." "Well, because things are going on I don't approve of." "Now, I'm a biochemist." "I'm a technical guy." "And they pull me into the business side and suddenly I find out all these things are going on that are illegal." "If I want to grow with ADM, I gotta learn the business side." "And so suddenly, I'm lying." "They're making me lie to people." "I lie to you." "I mean, I feel real bad about that." "You look at yourself as wearing a white hat and they're wearing black hats?" "Absolutely." "Something like that." "When I was a kid, my folks died in an automobile accident." "I was maybe 6 years old and a wealthy man from ohio adopted me." "Guy owned amusement parks." "He did very well for himself." "I caught a big break there, real big break." "I went to a good school and all." "Now I adopted two kids of my own." "I'm trying to do the right thing here." "Well, Mark do you think you'd be willing to go a few steps further in helping us?" "What does that mean?" "SHEPARD:" "Would you be willing to wear a wire?" "We don't have any other sources at this time." "We...." "We need your help." "paisley:" "We'll be there with you all the way. lt won't be easy." "I'll use my beeper to signal you when it's time to set up a meeting." "When you hear this" "You know." "Right?" "[PAGER BEEPlNG]" "you call me." "SHEPARD:" "He's watched closely at work and there's reason to believe that ADM has bugged his home." "He's under a great deal of pressure." "I mean, you gotta feel for the guy." "He tells us the truth one day and wakes up the next with two lives instead of one." "Well, the good news is he decided to wake up and tell the truth." "MARK:" "There are these butterflies in Central America." "They're blue and orange and yellow and have poison in their wings." "Just enough poison to stop a bird heart." "But the birds know this somehow, so they don't eat them." "But there are other ones, butterflies they're orange, blue and yellow too, but no poison wings." "They're just flying around, looking dangerous, getting by on their looks." "Hey, Mark." "Hi, Brian." "Ready to make the call?" "Bo Y:" "Hey, wait up, dipshit." "We're gonna do it here?" "We can't get a room." "There's problems with that." "Um...." "l don't know, it just kind of seems, you know, awkward." "It's the best I can do right now." "okay." "Just...." "Hold the microphone against the receiver and I'll hold the recorder." "MARK:" "oo9 454 58822." "Thank you." "No, no, put it on the receiver." "Mr." "Yamamoto, please." "The receiver." "l have it on the receiver." "on the receiver, where you hear." "I'm on hold." "Hello, Mr. Yamamoto." "It is Mark Whitacre." "Hi, sir." "How are you?" "No, I'm doing a lot of traveling this week, a lot of traveling." "How are sales?" "Certainly we need to, in terms of our-- ln terms of our big customers we definitely need to be thinking about a good price, yes?" "MARK:" "It's better to maintain a price of $2.5o in other countries and $ 1 .o5 for the United States, and just like that, there it is: price fixing." "SHEPARD:" "Well, this is great, Mark." "This verifies everything you've been saying." "Yeah." "Thank you." "Thank you so much." "Yeah." "Absolutely." "MARK:" "I like an indoor pool." "Year-round usage." "I like the steam off it in the winter." "very mysterious, that steam." "Well, Marty when you started work at ADM, how much money did you want?" "I wanted 5o grand." "But I went and told Terry, "We can't get this guy for less than 75."" "Yeah." "l got it for you." "You were the first I hired." "You've always been really generous with me." "And I appreciate it." "Here's what I want you to do." "I want you to write down a name." "okay." "What's the name?" "Nordkron Chemie." "What is that, like, a Nigerian name or something?" "I like my hands." "I think they're probably my favorite part of my body." "I think that can be used to my advantage in social situations." "If I can get people focused on my hands, I can get a good result in a meeting." "Eye contact is real important too." "Hey, I'm gonna check messages." "[chattering lNDlSTlNCTLY]" "automated MALE voice:" "You have one message." "[PAGER BEEPlNG o ver phone]" "My phone died. I was on with the plant." "is there a payphone, a public but kind of...?" "Across the lobby." "Right." "Mark, this is important bioproduct stuff." "l know." "Hi, Dave." "How's Holly doing?" "dave:" "She's good." "Great." "It's the plant." "SHEPARD [o ver phone] :" "FBI." "Brian, it's Mark." "I told you, I'm out of town on business this week." "The case is getting some attention from the Bureau." "There's another agent working with me." "MARK:" "I can't talk right now." "I have a meeting." "I have people waiting for me." "Bye." "I'm here, Dave." "Being able to do two things at once is a big part of success." "I try and do abdominal exercises-- Isometrics." "even when I'm at a meeting." "Tensing." "Holding." "Then releasing." "I'll floss in the shower while the conditioner is in my hair when you're just supposed to leave it in." "Those things can really add up to a significant time savings." "Hey, Kirk." "I'll be heading to Europe and I thought I could just hand deliver that check for the ABP deal in person." "Remind me." "ABP deal?" "It's a threonine microbe." "They're making substantial improvements." "We want to get into the market." "That's the invoice." "We'll just overnight it." "I'm gonna see this Thorstensson guy, so I'll just hand it to him." "The metric system never panned out." "We had rulers with inches on one edge, centimeters on the other." "I pronounced it "centimeters " instead of "centimeters " and nobody corrected me." "They let me walk around stupid." "I'm not upset we never crossed over though it's helpful to know the conversions." "The liter bottle is the thing that caught on because it's a nicer word, "liter" than "quart. "" "Quart." "Quart." "MARTY:" "Mark, it's Marty calling again." "[phone BEEPS]" "automated voice:" "Message deleted." "[PAGER BEEPlNG o ver phone]" "[phone BEEPS]" "[rings]" "fbi, Agent Shepard." "Brian, it's Mark." "Look, it's been hard for me to return a page as I am out of the country at the moment." "Listen, we need to know if you've had any further contact with Nakawara." "I told you already that the guy stopped calling." "Well, what about the price fixing?" "Have you been able to make any more tapes?" "I think you guys hanging around has everybody scared straight." "The word is we're doing everything by the book now." "Mick said it's over." "No more price fixing." "What?" "When did this happen, this conversation?" "Everything has changed." "I got lysine up and running." "The virus is gone." "Mick brought me into his office, he sat me down." "He said, "Whitacre, from now on we're doing things your way."" "Mark." "Look, Mark, the fbi knows about the crimes." "We're gonna investigate either way." "Either way?" "What does "either way" mean?" "We really need to get together." "It is a different approach there now." "I'm telling you, it's all" "Everything's changed." "My plane is boarding. I gotta go." "I gotta go." "Ah!" "Everything okay?" "Yeah, fine." "Kids." "[speaking in GERMAN]" "Where were we?" "We were discussing bonuses." "And we should be discussing Ferraris." "[speaking in GERMAN]" "You have Fullfederhaltertinte all over your shirt." "ow." "One of the Japanese guys told me a story." "This lysine salesman is in a meeting with someone from ConAgra or some other company." "And the client leans forward and says:" ""I have the same tie as you, only the pattern is reversed. "" "And then he drops dead, face down on the table." "Alive and then dead." "Brain aneurysm." "Maybe everyone has a sentence like that, a little time bomb." ""I have the same tie as you, only the pattern's reversed. "" "Dead." "The last thing they'll ever say." "Something like...." "High-fructose corn syrup." "There it is again." "SHEPARD:" "He said that Andreas called him into a marketing meeting." "He might be late." "If he doesn't show, the government ought to charge him for the room." "[phone rings]" "And here it comes." "Shepard." "MARK:" "I can't come to the hotel tonight." "I'm still at work." "SHEPARD:" "Mark, this is the third time." "MARK:" "I gotta go. I have work to do." "Mark, you can't keep canceling." "Look, I can't live two lives." "They just offered me a $ 1 oo,ooo raise, okay?" "I'm not gonna lose my job because of you guys." "I have a family." "I'm building stables across the road." "But you told us" "The price fixing is over. lt's over." "Hey, Mick." "I'm getting off the phone now." "Mark, listen to me." "The only logical thing for you to do is cooperate." "What happens if I don't?" "Then somebody else will, and you'll end up being a defendant." "The tapes don't say anything, because it's over." "Mick said." "We have a whole new policy." "Fine, if that's what he said." "Then I want to hear the tape." "We need tapes, Mark." "okay, I never made any tapes." "I never made any because there's not gonna be anything on the tapes." "It's over, and they'd just be stupid tapes." "Mark, come on." "Look, how...?" "You tell me how I can prove it to you, and I will." "[inaudible dialogue]" "Mick Andreas and his dad would never lie for me." "They say we're in it together." "What a joke." "Team-building offsite meetings at some lake in Wisconsin." "I can't protect these guys if they're breaking the law." "Hey, I tried." "Anybody could see the choices I had." "I did my best for ADM." "You don't see them here in the chair." "[knock on door]" "Hey, how'd I do?" "SHEPARD:" "Mark, we have some problems." "Wait a minute. I was looking at the thing." "The needle didn't even move." "Mark, you don't know how to read a polygraph." "Well, first of all, they're not 1 oo percent accurate." "Mark, you splattered the walls with ink." "Come on." "Extortionists just don't leave their name and number, then go away." "SHEPARD:" "I know it's tough keeping it all bottled up inside, keeping it a secret." "But there's only one good choice for you." "That's all there's ever been." "There's something you're not telling us but the only way to protect yourself is to be completely honest." "MARK:" "okay." "okay." "[sighs]" "You realize that this can all be used against you in a court of law." "I'll have to write it all up, and you'll have to sign it." "We're going to find out what's going on, Mark." "You're not leaving this room until you tell us what's going on." "SHEPARD:" "So before you answer any more questions I want you to think about Ginger and your family, and your career." "HERNDoN:" "What happened with Nakawara?" "is there a mole?" "Well, yeah, I think there has definitely been a mole, before, at ADM." "l made it up." "Jesus, Mark." "MARK:" "I had to." "Look, we've had problems with viruses at the plant and we're way behind our projections." "Dwayne is thinking about shutting us down and everybody's looking to me." "It's all "Blame it on Whitacre." That's how it is over there." "We're talking about my job here." "I came all the way over from Europe, relocated my family." "They made me a vP." "Uh" " Uh" " What about the price fixing?" "It isn't over, is it?" "I mean, there's no new attitude, right?" "It's been going on as recently as three weeks ago." "Nothing's changed." "It's not just lysine. lt's citric, it's gluconate...." "A guy left the company because he wouldn't do it." "He was forced out." "The gluconate guy, he's out of a job." "I met with the guys from Ajinomoto just last month in Chicago." "The whole point was to actually set volume levels." "You set the volume levels, determine what the market is and then you figure out workable prices." "We got another meeting next month." "If there's anything else you want to add, now is the time." "What else is there?" "Seven-thirty a.m., March 1 7th 1 993." "I have parked the car. I am approaching the entrance to the office." "Entrance breached." "Terrance Wilson." "President of our corn businesses." "Did our friend from Japan call last night?" "No, he wasn't in." "MARK:" "Well, I spoke with Mimoto and he is pissed." "He says there will be no peace in lysine until we bring production down to the levels we promised." "Well, in '92, we did exactly what we told him we would do in terms of volume." "Exactly." "Now, no promise." "He says he wants to talk to you." "Yeah?" "Well, I'll be right there saying:" ""Listen here, you mousy motherfucker."" "That was Terry Wilson talking about setting volume and price levels with our Japanese competitor Ajinomoto Corporation." "By the way, there was no discussion with Mimoto last night." "I did that for illustration purposes only." "I repeat, no discussion with Mimoto." "liz:" "Morning, Mark." "Good morning, Liz Taylor, secretary." "[SPEAKS in JAPANESE]" "Please, come in." "Hello." "Good morning." "Good morning." "Hello." "Good morning." "Good morning." "Before we even deal with Latin America we have to agree that we are gonna swap numbers." "It's the only way this is gonna work." "Keep everybody on target." "It's possible to do." "Got to be very careful." "Need to check your phones." "Excuse me, I need a comfort break." "Pardon me." "Side two, tape one." "Side two, tape one." "I've got well over two million frequent flyer miles." "I'm pretty much platinum across the board." "I get a letter from the CEO every year, thanking me." "It's a form letter." "It looks like he's signing it." "They probably walk in and he signs like a hundred while he's on the phone." "oh, it went great. I think we're gonna be able to keep it at a buck and a quarter." "[SNEEZES]" "Now what happens?" "Something you breathe in on an airplane, some bacteria and now it's in his hands, the cup, the phone." "Probably got it from his kids and now I'll spend the weekend with it." "I'll miss a few days or Alexander will run a fever and who pays for that?" "Where does the FBI weigh in on that as a cooperating witness?" "What does it say about exposure to airborne contaminants?" "Tape seven, side two." "Chicago o'Hare." "once again, Terry Wilson representing ADM." "Representing Eurolysine, Alain Crouy and Philippe Rollier." "That's a French company." "That's a big break right there." "Absolutely." "There's no choices to be made, no debate." "You're an ant, you just eat it." "wilson:" "part of the world where it works and the rest of the world where it doesn't." "It will not last." "Terry, Alain, Philippe." "Hi." "We obviously would play the game." "But the Koreans and the Japanese...." "They cheat." "Then it won't work." "Well, you make it work in the other divisions." "Tell them." "Terry doesn't like me very much." "He's got blotchy skin." "What causes that blotchiness?" "It must mean something medical." "He'll have a stroke and someone will say, "He was blotchy." "It happens. "" "If prices went up in Europe, it's because we talked in Mexico first." "That's right." "You made it happen." "It was our pleasure." "Mark, these are just the kind of tapes we need." "And we're getting our marching orders from Andreas." "See?" "Goes right to the top." "We need to improve the quality of these recordings." "[horn honks]" "Hey, Rusty." "Take a look at something." "[sighs]" "What do you think?" "That's a nice briefcase." "But wait." "There's more." "That is a Nagra SN." "Had the Bureau custom-make it for me." "Mark Whitacre, secret agent oo1 4." "Why oo1 4?" "Because I'm twice as smart as oo7." "Ah." "Thank you again." "[CHUCKLES]" "What happened to that girl who worked for us?" "Didn't she move to California?" "What was her name?" "Tina?" "oh, Tina." "Yeah, she's getting married." "Ugh." "My Tina's getting married?" "She's getting married two or three weeks from now." "oh-ho-ho-ho." "Well, that won't last long." "She's a bit of a dodo-head." "[LAUGHS]" "She'll be back." "I just hope she doesn't get pregnant and fuck up that body." "She had a nice body. lt'll ruin her tits." "When polar bears hunt, they crouch down by a hole in the ice and wait for a seal." "They keep one paw over their nose so that they blend in because they've got black noses." "They'd blend in perfectly if not for the nose." "So the question is, how do they know their noses are black?" "From looking at other polar bears?" "Do they see their reflections in the water, and think, "I'd be invisible if not for that. "" "That seems like a lot of thinking for a bear." "ANDREAS:" "Remember to pat them down for wires before the meeting." "MARK:" "What?" "ANDREAS:" "New policy." "Whenever we meet with the Japanese." "MARK:" "You're kidding, right?" "I didn't get a memo." "l didn't get any kind of memo on that." "He's kidding." "Relax, Mark." "They don't have the balls to mess with ADM." "When it's over, the board of directors at ADM is gonna understand." "They're gonna see the position I was in." "I acted in everyone's best interest." "That's the only conclusion they can reach." "I'm the youngest division president they've had." "I speak a number of languages fluently." "[MEN chattering lNDlSTlNCTLY o ver monitor]" "Would you like some coffee or fruits?" "SHEPARD:" "No." "No." "Mark, no." "No." "l told him the camera was in the lamp." "We already spend more than one year to get better market situation in lysine." "We talked a little bit about it in Paris but we need to come to an understanding on volume." "We have public shareholders." "Can you--?" "You need to widen out a little." "We need to show them working together." "ANDREAS:" "Now the question is:" "If the market grows, who gets it?" "If Kyowa Hakko, Miwon and Cheil Corporation each get 2ooo tons we can divide up the rest." "[WHlRRlNG] lf we're gonna have any stability at all." "Ikeda:" "We need-- We need some specific number." "Well, what would you be willing to accept?" "Isn't that really the question?" "YAMADA:" "ADM has already eaten all the growth." "ANDREAS:" "We have a lot more capacity that we're not using." "We could be growing 2o,ooo tons." "Isn't that right, Mark?" "HERNDoN:" "I'm going in." "We gotta shut this down." "SHEPARD:" "No, wait." "Hold on." "I need your input." "SHEPARD:" "I think he's got it." "Ikeda:" "ADM will be allocated its recent production, plus...." "SHEPARD:" "They talk about Paris." "robin:" "I can't understand." "SHEPARD:" "The meeting." "ANDREAS:" "We have a big board of directors." "SHEPARD:" "They have a big board of directors." "And shareholders." "And they're all suffering together." "Well, where's the agreement?" "I mean, this is just a discussion." "If there isn't an agreement, what are they doing there?" "You're getting bogged down with the words." "Just look at the actions." "Look what happens right here. okay?" "HERNDoN:" "See what he's doing?" "robin:" "Yeah, I've looked and I just see a chart with a bunch of words." "I don't even see any numbers on that." "I mean, I can't pinpoint an agreement." "What more do you want?" "The guy is standing there dividing up the market, plain as day." "It could just be a proposal." "All the other companies weren't there." "No one used the word "agreement."" "I'm telling you." "From the perspective of the Justice Department, it is not enough." "We're having another meeting to work out some of the issues in lysine." "We have to divide up the volumes and set prices for some of the markets." "Europe again?" "Europe is out." "There is a price-fixing investigation in the cement manufacturing business there." "It's got everybody spooked, so we're not going there." "We can't videotape in Japan." "That's not gonna help us." "Hawaii." "Hawaii?" "Hawaii." "oh!" "[inaudible dialogue]" "MARK [o ver monitor] :" "Okay." "So everybody just...." "wilson:" "Goddamn it, Mark." "Look at the size of this." "That's bullshit." "MARK:" "Yeah." "wilson:" "Can you call and get us a bigger room?" "MARK:" "This is the only room they have." "Will you call them, please?" "I will. I will." "Make yourselves at home, please. I'll call. I'll call." "Do you have a suite perhaps that's a bit more roomy for us?" "The Makuaha Room." "Yes." "is that your biggest room?" "It sounds big." "But it is, I see. I see." "And for the whole day?" "okay, so this is it." "We're here, we're stuck." "okay, then we'll make do." "Thank you." "MARK:" "Looks like we are here to stay, definitely so let's settle in, and start." "oh, no." "oh, no." "wilson:" "Well, I'd like to welcome everybody here." "MARK:" "Let me just.... indulge me for a second. I think you might be more comfortable if I move the chair...." "Thattaboy, Mark." "We have an old saying at ADM." "I think it applies here." ""lt's better to have the elephants inside the tent pissing out than outside the tent pissing in."" "outside piss?" "It's better to be part of the group." "What he's saying is, the customers are our enemy." "The competitors are our friend." "It's important we have all the producers involved, including the Cheil Corporation." "I want to know why we have been excluded from association in the past." "We need to be part of this." "Yeah." "How can we know that ADM will stay at agreed-upon levels?" "Well, it would be our preference that we simply trust each other." "And if we find out someone's been lying we'll just hire some Mafia figure to rub you out." "That's just a little bit of levity but the point is that if we can't trust each other ain't gonna work." "You are okay with that?" "Yes. I am all right." "So, what are we saying?" "Well, what, do you have a language problem, Mark?" "Then we are all...." "Agreed." "Yes." "[MEN APPLAUDlNG o ver monitor]" "Agreement." "You heard it." "Congratulations." "Jury's gonna love that." "Well done." "You did it." "Christ." "How about this guy Whitacre?" "What's his story?" "What do you mean?" "What's his agenda?" "The guy's making 35o grand a year, moving up and he turns informer." "When does that happen?" "is the money going up his nose?" "Some woman somewhere with a kid he's seeing on one of these business trips?" "What's his story?" "HERNDoN:" "We wanted to show you this." "That's a picture of Mark Whitacre and his family." "We carry that with us all the time as a constant reminder that he is a real person with a real family depending on him." "The only reason we have any of these tapes is because of this man." "We want to know when the time comes if he loses his job will the government stand behind him?" "ginger:" "Mark, are you an idiot?" "Ginger, I'll be the only one left." "Mick will be gone." "Terry will be gone." "Dwayne will be gone." "I am a scientist and I understand the business side." "I'm the only one qualified to run ADM." "Mark, that's completely illogical." "How can you stay there when you've taken down the company?" "Because they need me to run the company." "First of all, I'm extremely valuable to the company." "And secondly, I did the right thing." "okay?" "The board is gonna see that." "The board's gonna respect that." "It's the fbi, right?" "They're brainwashing you." "It's Brian Shepard putting ideas in your head to keep you working for him." "I'm telling you, they will make me the next president of ADM." "MARK:" "So this is it, huh?" "HERNDoN:" "Yup." "How's your family doing?" "Good." "They're gonna be at an amusement park when you guys make your move." "Whatever happens tomorrow, I think it's in your best interest to get an attorney who's gonna represent your interests alone." "You want me to get an attorney now?" "No, not now." "First, the company lawyers are gonna come to all the executives with a list of attorneys to pick from." "You've gotta understand, these attorneys are paid for by ADM." "They don't represent you." "Do not pick one of these attorneys." "Tell them you have your own attorney." "You need to tell them that you're cooperating with the government." "It's perfectly reasonable for you to cooperate." "I think I know a lawyer in Decatur." "I'll talk to him." "The town is too small." "I'm sure you've met lawyers in your business dealings that could handle this." "Definitely." "Now, Mark?" "Mark?" "once this starts, it is going to be intense." "They are going to know that somebody was on the inside working with us." "And they're gonna do almost anything to find out who it is." "But you guys still think I'm gonna be okay at the company, right?" "I mean, you guys are gonna take down the bad guys, but I'll be okay, right?" "Well, I think it's important to remember what we talked about before, and what we're talking about right now is tell them..." "...you're cooperating with the government." "l know." "But I'm just asking if you guys think I'm gonna be okay at the company." "The corporate culture's gonna change a little bit for you." "MARK:" "I should say so." "Yeah." "We should just focus on the raid." "Right?" "Yes." "Mark, you're making that up." "No, Archer, the A in ADM choked to death, 1 947, on a chicken bone." "Fact." "Fact." "Well, there you have it, from Mark Whitacre, Ph.D." "You know what the Ph.D. stands for, don't you?" "Piled Higher and Deeper." "Heh." "Let me guess." "Daniels was killed by a pig and the cows got Midland." "[ALL LAUGH]" "A chicken got Archer." "I'll tell you, 5o years later our deals with Tyson Farms, Foster Farms what's the body count?" "Mr. Wilson, Mr. Whitacre, I'm Bob Herndon and I'm an fbi agent." "This is Special Agent Shepard." "What is going on?" "Mr." "Whitacre, would you come with me?" "MARK:" "I don't...." "l have no idea what this is about." "Mr." "Whitacre, please." "Could you come with us?" "Do I need a lawyer?" "MARK:" "A lawyer?" "Terry." "Excuse me." "I saved a guy once at a restaurant in Hong Kong." "He was choking and I got him to throw himself over the back of his chair." "He sends me cards on holidays just to say thanks." "Tells me what his kids are studying." "He remembers me." "You can take first-aid courses from your local fire department." "You got a reason for embarrassing my colleague and I in front of a prospect?" "This is a serious matter." "It involves an international investigation into price fixing." "We have seen you and your boss, Mick Andreas conspire with your competitors to fix prices." "We have seen you tell others to do it." "There will be indictments." "Search warrants have been issued." "And some people, people who you know and work with, will be going to jail." "MARK:" "Look at that." "Look at that." "Look at Terry and Bob." "oh, I wish I could be a fly on that wall." "oh, hey, I was good, right?" "Didn't I seem really scared?" "I actually felt scared." "Remember what we told you, all right?" "Tell them you're that cooperating first thing..." "...and do not take one of their lawyers." "Right." "No." "MARK:" "What'd you say to your guy?" "wilson:" "Nothing, I told him nothing." "Slow down." "MARK:" "Me neither. I said nothing." "wilson:" "He said that he had price-fixing tapes." "What the fuck is that?" "MARK:" "Well, I bet they have the phones tapped. I always said that. lt's the phones." "wilson:" "I can't believe they would pull this shit on Dwayne Andreas." "MARK:" "Look, I get phone calls from time to time." "wilson:" "I know, I know." "oh, God." "We're going to the lawyers." "I don't want phones." "See?" "The phones." "They hit everybody." "My dad, Schmidt, Randall." "oh, fuck me." "No, they played me a tape of me." "Some meeting with the fucking Japanese." "I called the lawyers." "We're gonna go there." "Yeah?" "They played a tape." "How the fuck did they get a tape?" "l really don't think they have that much." "When you factor in everything we've done for them this will be a 1 o-year thing for the lawyers." "Maybe a fine." "That's all this is ever gonna be." "Trust me." "[door closes]" "How's it going?" "Good." "fbi." "Yeah, he's here." "I got Agent Temples for Attorney Mutchnik." "This is James Mutchnik." "TEMPLES:" "Just interviewed an ADM employee, Kirk Schmidt." "Schmidt knew we were coming." "Says he knew about the raid days ago." "He says Whitacre told him." "Thanks." "He sees you sitting in the window and" "Bob." "Brian." "Can I talk to you guys for a second?" "That was amazing." "You guys should have seen it." "oh, Terry was so scared, and Mick and the lawyers, they were just" "They were pissed." "SHEPARD:" "That's super." "They thought you guys gave me the once-over." "They're like, "You all right?" l'm going, "Yeah."" "Did you make a tape?" "Yeah, I made a tape." "A great one." "Really good." "So it's over, then." "SHEPARD:" "Mark who did you tell?" "What?" "Who else did you tell about the raid?" "Well...." "l had to tell my secretary." "Guys, I'm the head of the bioproducts division." "She has to know where to get in touch with me. I told her months ago." "So all I said was, "Liz, I'm doing some work with the fbi." "I might be out of touch for a while."" "That's it." "She had no idea about our case." "I'm pretty sure I've mentioned the name Kathy Dougherty a time or two in my division." "Kathy is a friend." "She is a trusted ally." "I didn't want her to be scared." "Why would you do that, Mark?" "Why would you tell Dougherty?" "Because I didn't want her to be scared." "I trust her." "Guys, we can trust Kathy." "Who else?" "Don't jack us around, Mark." "Mm." "Kirk Schmidt. I mean, Schmidty...." "Look, I was afraid that he wouldn't say anything to you guys." "That he'd clam up on account of he's loyal to me." "You could have ruined this entire operation." "Has anything gone wrong?" "Has anything gone wrong?" "Time out." "Time out." "Time out." "Mark, you know what you did, in our eyes, was wrong." "lt was supposed to be a secret." "SHEPARD:" "Look, we can get past this." "But is there anything else that we need to know?" "No." "No, not that I can think of." "Remember tell them you're getting your own lawyer." "MARK:" "I know about the lawyers, Brian!" "Mark Whitacre, Aubrey Daniel." "Pleasure to meet you." "I'm representing ADM in this matter." "okay." "This is John Dowd, a colleague of mine." "Good morning, John." "Dwayne has filled us in on your responsibilities here, so...." "Aubrey prosecuted Lieutenant Calley after the My Lai massacre in vietnam so this ought to be a cakewalk for him." "We were hoping you'd have time to talk to John." "Sure." "ADM's behind you on this, Mark." "Dad and I want all the key people to know that we're gonna be paying all your legal fees." "oh, great." "Great." "Thank you, that's great." "Then...." "Then we'll let you fellas get acquainted, okay?" "okay." "How you holding up, Mark?" "Thanks." "Good." "Please, sit down." "[sighs]" "John, can I ask you something?" "Sure, anything." "If I say something to you, are you allowed to say anything to Mick and Dwayne?" "[inaudible dialogue]" "[inaudible dialogue]" "oh." "Here we go." "MARK:" "I need to tell you I'm gonna be cooperating with the fbi." "They have hundreds of tapes." "They know all about lysine." "And John here agrees with me I should be getting another lawyer." "oh." "No question about it." "I want to say sorry for everything that's happened." "Sorry?" "What's that?" "It feels good to talk, to clear the air." "You get to be like a balloon after a while a balloon looking for a pin to bump into and relieve the pressure." "You could get sick from keeping it inside and get a tumor or something." "I didn't ask for that." "I have a friend from school who has a law practice." "And he's always telling me how they can't talk about their cases." "Like in The Firm." "You can tell them anything." "They have to keep it to themselves or they get in a lot of trouble." "They're boxed." "That's what they say: boxed." "LAWYER:" "So there wasn't a saboteur at all." "You made that up?" "MARK:" "Well, maybe there was." "I mean, there could have been." "okay." "ADM steals technology from the Japanese so I wouldn't put it past the Japanese to do the same thing to us." "But once I told the fbi that I'd made that part up they said I had very little choice but to be a cooperating witness." "And you began making tapes." "How many tapes did you make?" "There are over 2oo tapes." "ooh." "There are so many really nice people in the world, people who want to help out." "Good neighbors, good listeners." "Like when they had floods in Mississippi and people lose everything and are sleeping in a gym someone always shows up with a warm coat and a homemade pot roast." "That's why Ginger and I bought that girl a computer after she had the spine injury." "That kind of thing really makes a difference." "Jim here strikes me as that kind of guy." "He's the one-in-a-hundred guy who, when you come into the emergency room you thank your lucky stars it's his watch." "illegal campaign contributions, whatever." "Whatever we're talking about." "So then I'd come back." "Two nights a week or so Brian and Bob and I would get together, and we'd...." "You know, we'd work it." "We'd build the investigation." "Get everything we needed, gather all the information." "Then we went to DoJ, briefed those lawyers and before you knew it, we were hitting ADM, raiding the place, taking it down." "And for how long did you do this?" "Work as an informant?" "Ahh, ooh." "Two and a half years." "Two and a half years." "You know, and I always thought there'd still be a place for me at ADM when this whole thing was over." "I still have a lot of friends there." "A lot of friends." "Hey, Mark it's very important to your case you not discuss this with anyone else. okay?" "These people you work with, your friends, they could end up being witnesses." "Bob and I are the only people you talk to about this from now on." "All right?" "And I want you to know that you can tell us anything." "okay." "Yeah." "EPSTElN: okay?" "Well, they kept coming to the house and they only had ADM's side of the story." "SHEPARD [o ver phone] :" "Did you talk to The Wall Street Journal, Mark?" "What did you say?" "It's real important that you not talk to the press." "Me?" "I told them I had no comment, but it didn't matter." "They had the story anyway." "They already had it." "Did you see my stipple portrait?" "It's pretty good." "EPSTElN:" "oh, shit." "MAN 1 :" "I'd appreciate any comment you can make on the allegations on the Tv." "Just a quick comment." "What do you have to say?" "I came out to tell you that I'm not allowed to talk to the press at this time." "woman:" "At least any comment on the effects of your actions on ADM's declining stock prices?" "What's been the reaction of your friends being taped?" "Well, I'm a person of interest in an ongoing investigation." "MAN 2:" "Do you believe you and your family can stay in Decatur?" "Has the government made arrangements to move you?" "[reporters clamoring]" "We're still getting the threatening phone calls." "And I know for a fact that Dwayne and Terry have been telling people that he wasn't a good worker and he can't be trusted." "We told Mark." "We told him that he had to expect the unexpected that he might be attacked that he wasn't gonna win any popularity contests for this." "Well, he just mopes around here all day watching the news, looking for a glimpse of himself." "or he's calling someone from ADM, trying to get the latest gossip." "Maybe you guys should get out of town until the hearings start." "He's got to stop talking to people." "Well, the fbi never forced me to cooperate." "I don't owe Brian Shepard the truth." "I gave Brian Shepard two and a half years and now I have legal bills to show for it." "And I'm the good guy in this, the guy who took on ADM." "Is Brian Shepard gonna lose his job for that?" "His standard of living?" "I've gone to the school on career day and talked about biochemistry and the career opportunities available." "Can Brian Shepard and Bob Herndon say that?" "I'm the white hat." "I did enough for Brian Shepard." "Who's gonna take care of me?" "Who has a plaque for the Mark Whitacre Environmental Award?" "Where are your friends when it's dump on Whitacre?" "Where's the pot roast and the warm coat?" "You can see where he pasted it." "He's a fucking forger." "[CELL phone rings]" "Mark Whitacre." "Hello, Mark. lt's Aubrey Daniel." "Listen, I'm here in Mick Andreas's office and we were wondering:" "Does the name Lennart Thorstensson mean anything to you?" "What about Nordkron Chemie?" "Does that ring a bell?" "I'll have someone get back to you on that." "oh, sure." "You do that." "[chuckling]" "He's going to call us back." "Sure." "[ALL laughing]" "My lawyer's telling me not to talk to you guys, but there's something I've been wanting to talk to you about." "Don't tell us anything." "You have a lawyer now and it's not like it was before." "SHEPARD:" "We are not asking you." "okay, what if I just put out some hypotheticals?" "And, you know, I'll talk about certain financial situations and you guys can tell me if they're wrong or how serious they might be." "okay, for instance what if a company gave an executive a car?" "You know, a corporate car." "And instead of driving that to work he drove his personal car and he gave the company car to his daughter." "Would that be a problem?" "That's it?" "That's the hypothetical?" "That shouldn't be a problem." "okay." "What if it was a corporate plane and the executive was using that for personal use?" "oh." "Basically the same thing." "Maybe some irs issues, but.... okay." "What if it was standard practice at ADM for executives to regularly accept kickbacks in cash?" "How much money are we talking about Mark?" "Well, Brian, hypothetically, $5oo,ooo." "How much?" "lt's the way things are done there." "okay?" "I'm not the only one who was doing it." "Everybody's doing it." "When did this start, Mark?" "December 1 991 ." "You, uh, ahem...." "How were you paid?" "Paid by check." "A check is deposited in various accounts and always under the amount of $ 1 o,ooo." "And did any of these checks come in after we met?" "Maybe." "AUBREY:" "Two-point-five million dollars, deposited into an account in Switzerland while Mark Whitacre was there on ADM business." "Now, we have sworn testimony from Mr. Lennart Thorstensson of the ABP Corporation that he has never seen this contract, and that his signature is forged." "Neither he nor his company have ever received this check." "Now, it is clear to us that Mark Whitacre driven by his own boundless ambition to take over ADM has attempted to frame his superiors in a price-fixing conspiracy of his own invention." "His cooperation with the government merely a smokescreen to hide his lying, cheating and stealing." "We have additional information that we are willing to share with Attorney General Reno that the money has since been moved to Grand Cayman with the full knowledge and complicity of Whitacre's fbi partners." "SHEPARD:" "What are they accusing me of?" "I want the specifics." "Are they saying I'm in cahoots with the guy?" "MEDFoRD:" "Paragraph 8 in our agreement with Whitacre states that his actions are directly attributable to the fbi and the United States government." "They're saying he stole two and a half million dollars while we were running him." "But how could we know what he was doing?" "He came to us." "The question they're asking isn't "How could we know?"" "It's "Why didn't we know?"" "No." "The question is, "Were they price fixing?"" "The investigation has shifted from ADM to Whitacre." "Ha. of course." "ADM decides Whitacre's a thief as soon as they find out he's working for us." "Who's counting money if they can lose two and a half million for years, then find it in a few hours?" "We gotta call Mark." "paisley:" "I don't want you to do that." "We're taking you off." "That's it?" "We're done?" "I thought the fbi never hung a witness out to dry." "He's not a witness anymore." "He's a target." "MARK:" "I only kept a million and a half dollars." "And Mick knew about it." "He knows these things went on." "Who do you think taught me?" "You can't bullshit these people." "Who knows what they know?" "We gotta go in with the whole story." "It gets bad for you if you tell them you'll confess and don't." "Then you're screwed." "This is it." "What you have in front of you, that is it." "I've found every bank statement, every record." "Why would I hide anything from you guys?" "This is it." "I haven't been telling you guys the whole truth, but I'm gonna clear that up in there." "What?" "No, we gotta get you out of here." "No, no, I want to tell." "Mr. Whitacre's conduct constitutes a breach of agreement with the U.S. government." "He is no longer a cooperating witness." "This is outrageous." "My client has given you years of his life." "Clearly, he made mistakes, but he made your case." "We are not here to discuss the case against ADM." "Mr. Whitacre, my name is Ed Herbst and I am with the fbi's Economic Crimes Unit." "This is Mary Spearing and Don McKay from the Department of Justice Fraud Division." "And we were wondering if you could tell us when your criminal conduct at ADM began." "In early 1 992 I was taught how things are done there by Mick Andreas who showed me how to use embezzlements and kickbacks in order to make money tax-free." "My client is voluntarily" "No, I'm aware that the fraud that I perpetrated was wrong and I accept responsibility." "How did you receive the money?" "By check." "They would deposit the check to my account in Decatur." "They paid kickbacks in checks?" "What company would pay kickbacks in checks?" "Well, I don't remember the name of the company." "It was, like, Agra Consulting and Trading or something like that." "You don't remember the company that paid you checks?" "It's hard to remember for me right now." "I have things going on in my life, in case you haven't been reading papers." "We're coming to you." "We're cooperating." "We're gonna get the money back." "I think this might help your memory." "Now, where did we get those?" "These are ADM documents showing forging of signatures." "[gro ANS]" "MARK:" "Didn't these people see The Firm?" "Or read the book?" "It's all there." "Everything they did to me, they did to Tom Cruise." "I'm not the one they should be mad at." "HERNDoN:" "We can't see you anymore." "And if you call us and start to talk about the case, we'll have to hang up." "You can talk to us about your feelings but that's it." "Mark, please understand." "It's not what we want." "We got no choice here." "You know, the thing of it is, all of my anger, all of my frustration stems from my work with you guys." "And all this crap in the paper...." "My kids are seeing this." "And it's all just dump on Mark Whitacre." "Remember, Mark, we told you it would be impossible to predict what would happen when the case went public." "You never told us about the $5 million you took." "I don't see what that has to do with the price fixing." "He worked for you for two and a half years." "He risked his career, his home and now you just turn your back on him and leave us out here." "Yes, Ginger." "SHEPARD:" "The reason we came here today is because we're concerned about your and Mark's well-being." "It's important you tell the people in Washington everything tomorrow." "one hundred percent." "You would have nothing without him, and you know it." "He's being used by the government, then thrown away because it's easier to go after Mark Whitacre than anyone named Andreas." "MARK:" "We took the kids one year to the Renaissance festival." "You get to be the white knight." "The kids get to ride a horse and joust against the forces of darkness." "The white knight always wins." "The forces of darkness fall onto an old mattress." "Someone plays a lute and plays a song from medieval times." "It was 90 degrees, and the heat and humidity index I can't even remember what the radio said." "We were next in line and the mare collapsed, went down in a heap." "Ginger was eating Ye Olde Drumstick and she dropped it." "The kids were crying." "And I remember this farmer saying he had a gun in his truck." "Just like that." "From the white knight to a gun in the truck." "They had everyone turn before they put the animal down." "But even if you couldn't see, you could still hear." "How do you get that back?" "How does that get to be fair?" "ginger:" "Well, he just kept buying things." "We had eight cars." "Three of them we never even used." "And how else has he changed?" "Well, I was always the one with the temper." "Mm-hm." "And Corky was the happy one." "But that's changed too." "There's one in Hong Kong." "miller:" "Mm-hm." "Then there are the accounts in Switzerland and Grand Cayman." "Right, right." "other things." "There's a lawyer in New York who's got a million dollars of mine." "Have you told your attorney about these?" "No, I don't need to tell...." "Mark, you need to tell your attorney about these accounts." "The assets were obtained legally." "I don't even know if I can trust him." "Has anyone in your family ever been diagnosed with bipolar disorder?" "You know, manic depressive?" "I have an aunt that they used to say that about." "Yeah?" "In terms of my parents, I can't be sure." "My parents died in an automobile accident when I was 6." "I was adopted by a wealthy man in ohio." "He owned amusement parks." "I caught a big break there, big break." "So my client's here to cooperate fully." "Agent D'Angelo, if you have any questions." "This is your chance to put everything on the table." "This is your chance to redeem yourself." "But if you're not going to be completely honest, just stop talking now." "I understand that." "I just want to tell you I feel bad. I'm so sorry." "The last time we spoke, I was under a great deal of stress." "And I said some things that weren't true." "I want to clear that up." "The first kickback was in 1 992." "Mick knew all about it." "He told me there were gonna be opportunities to take kickbacks on some of the contracts coming out of Asia and Europe that were ADM contracts." "Was there anyone else involved?" "BASSET:" "So, Mr. Richter, we have money leaving your account here and here and here." "And it's going into Whitacre's account his wife Ginger's account and this is going to Whitacre's parents' account." "Like I said, those are loans." "Uh-huh." "He had me set up a company, Nordkron Chemie and just, like, issue these fake invoices to ADM." "And there was a bank account in Hamburg and so I would get a check for like two hundred grand and most of it would go back to Mark." "Ahem. okay, look." "We know you're looking out for your friend Mark but your story doesn't seem true." "You're right, it's not true." "All the money went to Mark." "When did it start?" "Mark told me about this Nigerian thing he got in the mail." "You know about these schemes with the Nigerian letters?" "The 41 9 fraud?" "Yeah, we see it every day." "You get a letter from some official in Nigeria asking for a few grand to help." "They promise a percentage of the money." "Exactly." "You ever wonder who was dumb enough to fall for something like that?" "This is really embarrassing." "So how much money would you say you made from your illegal activities?" "Uh...." "Seven-point-seven million dollars." "But like I said, Mick knew all about that, you know?" "He endorsed that kind of behavior." "So not five, but seven-point-seven?" "Seven-point-seven." "Jim, we all understand special consideration, but we've got your guy." "And these are cases we know we can convict." "Forty-five counts of wire fraud and money laundering and tax evasion." "So explain to us, where is the wiggle room?" "I'm not stupid." "Mark committed a crime." "He stole nine million dollars." "That's pretty indefensible." "But these guys at ADM, they stole hundreds of millions of dollars from innocent people all around the world." "Mark showed that white guys in suits getting together that's not a meeting, it's a crime scene." "And not only did he tell you about it, he got the evidence to prove it." "Ha." "When agents go undercover for the fbi, they get trained for the stresses." "We hear this all the time." "How easy it is for a trained agent to crack." "I mean, here's Mark, a civilian, with no training." "But you guys just shove him in there." "You tell him to go for it without any training to make sure he doesn't crack." "Ah!" "Baby." "[GRUNTlNG]" "Ginger." "Ginger." "They kidnapped me." "They put me in a car." "They drove me around for 2o minutes." "They wouldn't let me out." "oh, my gosh." "My leg." "oh, Mark." "It's all cramped." "Who did this?" "Who took you?" "It's obvious." "Look at my jacket." "These people mean business." "MARK:" "I was abducted." "I was thrown into the back of a light-brown Dodge Dynasty by two thugs and driven around in a 2o-minute joyride." "And basically, I was told you know, forget everything that isn't on tape and you can forget about bringing it up in a courtroom or for the media." "Did the men identify themselves?" "I think we know who sent them." "ginger:" "And they sawed the locks off the door, like Mafia thugs." "Yeah, on each side, so I was trapped." "NEWSMAN:" "You were trapped." "You couldn't roll down the window." "MARK:" "No." "NEWSMAN:" "Where was the fbi in all of this?" "ginger:" "Well, I think-- We think people have to realize that the FBI did the same thing." "I mean, they locked my husband in an investigation and they drove our family around for three years." "Three to five years?" "Yes." "In jail?" "But ADM's the bad guys." "Everywhere we go, it's the same story." "It's just dump on Mark Whitacre." "You gotta focus here." "You stole $9 million, and then you lied about it." "Maybe in your head, you're good." "To them, you're a guy who stole a lot of money, and then lied about it." "Ginger and I have been talking and we'd like to file a lawsuit against Brian Shepard and the United States government." "oh, my God." "For what, Mark?" "He hit me with a briefcase." "Mark, come on." "And he told me to destroy tapes that didn't help the case." "Why would Brian Shepard do that?" "Maybe the question you should be asking yourself is, what is Brian Shepard hiding?" "All right. I'm telling you, okay?" "Take the plea." "[scoffs]" "Thanks, Jim, but we're gonna go a different way." "MAN:" "Evelyn?" "evelyn:" "What?" "MAN:" "There's a reporter from the Washington Post." "Has some questions about Corky." "A reporter." "evelyn:" "This is Evelyn Whitacre." "What do you mean, adopted?" "Well, as his mother, I can assure you that my husband and I were not killed in a car accident and Mark was not adopted by wealthy people." "Mark's been telling people that you and I were killed in a car accident and he was adopted by rich people." "What do you make of that?" "That's kind of weird." "MARK:" "I read this study in time magazine when I was at Cornell." "There were people who never believed I would make it into an Ivy League school." "Maybe Ginger who I met in the 8th grade." "And the study said that people had nice, sympathetic feelings about people who were adopted, and treated them better." "So I made up this adoption story and people did treat me better." "When I got a job, one of my professors told people at Ralston Purina I was this guy that had accomplished all of this in spite of being adopted." "So it was really other people who spread the story, not me." "I admit it was wrong to start it, it was other people who kept it going." "Even the people at ADM." "My new lawyer sees that." "Tsk." "This all goes back many years before most of us were born." "It's bigger than any of us and it's ongoing." "I know you're skeptical, but I've seen it." "My client, Mark Whitacre, has shown it to me." "Maybe I am just a personal-injury lawyer from Taylorville, "Nowhere" Illinois but I tell you I know the identity of the master puppeteer." "The who?" "The master puppeteer." "And it's not who you're thinking." "Mark has tapes, tapes that the government doesn't want us to hear." "Tapes that outline the actions of Brian Shepard who hit Mark Whitacre with a briefcase while Mark was cooperating with the government." "My client has a letter from his psychiatrist outlining and confirming the cruelty perpetrated on him by Brian Shepard." "A letter from his psychiatrist clearly exonerating my client from all wrongdoing." ""lt is obvious that the fbi made some grand mistakes in how they handled and treated you." There's a phrase" ""Grand mistakes." --coming from a doctor." ""When one discusses suicide, this is a red flag." "When one discusses how they will do it, then it is very, very serious." "I also feel that the fbi requiring you to do unethical conduct against ADM was another blunder that forced you into a bipolar situation." "They should have known better and noted that a medical problem exists." "From a medical point of view, this is attempted murder that the fbi did to you." "From a legal view, your lawyer needs to decide what to do and what the terminology is." "I'll support you in whatever you need." "You and your family have been through too much turmoil with the government." "They should know better."" "That's Dr. Miller." "SHEPARD:" "I read the letter, Mark." "The problem with the letter is it's a lie." "MARK:" "What are you talking about, Brian?" "It's on his letterhead." "That's his signature." "What are you talking about?" "The area code, Mark." "In the letterhead?" "The area code 847?" "This letter was written in November 1 995." "That area code didn't exist then." "okay, but they announced that the change was coming. I even remember that." "People order their stationery early." "SHEPARD:" "I thought about that." "So I asked the phone company." "This is the press release announcing the new 847 area code." "It's dated six days after your letter was written." "Miller could not have known about it." "MARK:" "Ron Henkoff from Fortune called Dr. Miller and Miller confirmed the letter." "If you talk to Henkoff...." "Ron Henkoff from Fortune magazine verified the letter with Dr. Miller." "l talked to Dr. Miller, Mark." "MARK:" "You can't" "MARK:" "That's a violation of my doctor-patient confidentiality." "That's a total violation of my doctor-patient confidentiality." "You can't call Miller." "Doctor-patient confidentiality doesn't apply to forgeries." "Then why did Fortune magazine run the story?" "Well, why would Ron Henkoff, for Fortune magazine put it in a cover story?" "Stop it, Mark." "Henk-- lf you talk to Henkoff" "You need to stop doing this to yourself." "Why do you--?" "Why do you keep lying?" "I don't know." "Well, I think maybe I should go back to the hospital." "woman:" "Case 97-2oo1 , United States of America v. Mark Whitacre." "You have a right to make a statement, if you wish." "Thank you." "Uh...." "I really appreciate the opportunity to get up here and say a few words." "Um...." "Wow." "What a ride." "Um...." "Been a long five years." "A lot of memories." "I just really want to apologize to a lot of people in this room and a lot of people who aren't in this room, um for my actions." "I'm on medication now so I'm seeing things a lot more clearly." "And I just really want to...." "l realize I hurt a lot of people, and so I want to say:" "I'm so, so, so sorry. I greatly apologize and accept responsibility for my actions." "That's it." "Thank you." "To observe that Mr. Whitacre is not the usual felon is a gross understatement." "He's well-educated has a loving wife and family, is well-respected in the community." "It's not inconceivable that, in due course he could have been ceo of Archer Daniels Midland." "However, this court can find no clear connection between Mr. Whitacre's bipolar disorder and the 45 counts of criminal misconduct he's been charged with just garden-variety greed." "It's very difficult to tell when Mr. Whitacre is telling the truth." "I don't think what happened is fair when you look at me compared to Mick and Terry." "If you go and hold up your local grocery store you get maybe five years in prison." "Mick and Terry held up every grocery store in the world and they got three." "So you tell me how it makes sense that I get nine." "You should consider that, Mr. President when reviewing this request for pardon." "I'd also like to take this opportunity to apologize on behalf of myself and my wife, Ginger to Special Agent Brian Shepard." "He never hit me with a briefcase or told me to destroy tapes." "The idea to sue him came from someone inside ADM." "I shouldn't have listened." "I don't even remember who it was." "While I was there at ADM, I lived so many lives, I didn't really know who I was." "And I know today more who I am and what I really want out of life." "I've completed three postgraduate degrees while in detention a J.D., which is, of course, a law degree another advanced degree in the psychology of jury selection." "I sleep better here in prison than I have in years." "My wife, Ginger, has forgiven me." "She actually believes that this incident with ADM brought us closer together in a marriage of over 2o years." "And I hope you'll allow me to leave here so that I can rejoin that life with my family, my three kids two of whom are adopted." "Especially in light of the fact that in large part because of my testimony the United States government has to date been able to collect over one billion dollars in price-fixing fines from big businesses." "So that's it." "Thanks." "Good luck with the pardon, Mark." "Thanks, Bob." "Thanks for helping me remember everything." "I wish Brian could have come." "Well, he's still pretty angry." "Yeah." "Well, tell him I'm real sorry." "Will you do that?" "Sure, Mark." "The irony is if I hadn't gone undercover I never would have stole the 1 1 and a half million. lt was my way out." "It was my severance." "What else was I gonna do?" "I had to write my own." "MAN:" "Work detail." "See you, Bob." "Uh-uh-- Uh-uh" " Eleven and a half million?" "What?" "I thought it was nine and a half." "What did I say?" "You said 1 1 and a half." "You do know that the people at ADM think you were the mole." "That you planted the virus, then made it go away." "The 1 1 and a half is with the interest." "Mark, is it nine and a half or 1 1 and a half?" "[MARK sighs] I don't know, Bob." "You tell me." "[door closes]" "[english SDH]" "Yeah, listen, Mark, you don't really need to narrate the tapes for us." "Right." "Not a problem." "When you're making them" "HERNDoN:" "And you can talk less." "Yeah. I think I do, actually, on these ones. l-- oh, and don't force the conversation." "But they're good, right?" "I mean, you guys wouldn't believe what goes on at these meetings." "HERNDoN:" "We should talk about Europe." "Yeah, right." "Um...." "l'll be joining you in Paris." "Now, our jurisdiction is limited there so we're gonna have to follow a strict protocol." "Absolutely." "SHEPARD:" "All right. okay." "Are we gonna fly over together?" "Can we do that?" "Fly together?" "We probably can't fly over together." "It's not" "Do you sleep on planes?" "I sleep on planes. lt's a long flight." "[LEAF blower WHlRRlNG]" "Mark!" "[WHlRRlNG stops]" "What are you doing?" "Come inside, Mark." "What is happening to you?" "[WHlRRlNG RESUMES]" "[knocking on door]" "SHEPARD:" "Whitacre." "No." "Mark, come on in, will you?" "Yeah." "Hey." "Hey, Brian." "Hey, Bob." "Um, I just was in the neighborhood and had some tapes that I wanted to drop off." "Thank you." "Yeah." "And I have recently learned, they told me over at ADM that I'm probably gonna be the next president." "Really?" "MARK:" "Yeah." "SHEPARD:" "Who told you that?" "Yeah." "And I have reason to believe they are fixing prices in 1 o of the products they produce at ADM." "Ten." "Yeah." "I would estimate that for all the companies involved the total extra profit is in the range of 8oo million to a billion dollars, in that range." "And that's just for the price fixing." "Can you tell us what products?" "Brian, if these companies are charged there are gonna be some pretty hefty fines coming down the pike, yeah?" "I don't know, Mark." "They may end up paying." "We don't know how this whole thing is gonna turn out." "We still need to show everyone together making an actual agreement..." "...before we make a case." "l know, I know." "We need to prove it." "But I've taken some risks here." "I gotta think about my family." "What do you mean?" "I would like, as part of the ADM fine for them to be ordered to pay me 1 o years' salary." "That is nothing." "Well, Mark" "That is nothing compared to the dollars we're talking about for the price fixing." "And given that this has gone on way longer than any of us anticipated-- l mean, we're past two years at this point." "if I cooperate to the end of this investigation, I want total immunity." "I cannot grant you immunity, Mark." "l told you that." "Hey, Mark." "Uh.... lt's kind of warm in here." "Why don't you take your coat off, have a seat and we can talk about this?" "No, Bob." "You just let me know if you wanna reconsider." "See you, guys." "What was that about?" "He was wearing the same suit that we wired for him." "He wouldn't." "Morning, John." "Frank." "Morning." "Mark, we'd like you off the premises." "Excuse me, Mr. Daniel, I don't think you" "Management wants you out." "Well, I'm a vP here, sir, I don't think that-- CHEvlRoN:" "Let's go." "okay, I'm lea-- You don't have to grab my arm." "MARK:" "Abe Lincoln was born 45 minutes from here." "I've never been to his log cabin." "He walked miles to give a woman who bought tea the correct change when he worked as a clerk." "They called him Honest Abe for that, and he got to be president." "I've never gone to see his childhood home." "I'm sure it's very well-preserved." "Original beds and dining-room tables." "Doorways are probably smaller from when people were shorter, even though Lincoln himself was 6'4"." "It's only 45 minutes away."