Re: Mike Andreas goes to jail?

2000-08-12 Thread Eugene Coyle

Michael, thanks for mentioning this book, which I didn't know about but
which I'll find soon.  I've got a clipping file on ADM with a fantasy of a
film script someday.  Sounds as if Hoesch is already on that job.

ADM got prosecuted not because the justice Dept was on the job but
because the head of one of the ADM divisions went to the authorities and
assisted in videotaping the conspirators, including Michael Andreas, in
action.  In one bit of tape, in a Honolulu hotel room as I recall, the
hidden cameras were rolling when someone in the room unknowingly put a
drink down in front of the lens.  Soon an FBI agent, disguised as a waiter,
entered the room to straighten up, and to give the camera a clear path.

When the case went public, either through convening a grand jury or
some other way, the first thing the Justice Department did was inform ADM
of who, within its executives, was the informant.   Somebody should spend a
long time in prison for that, but is probably now promoted to some higher
level.

Later, a Federal judge in Chicago, re a civil part of recovering
damages, put the opportunity to represent the class action  participants
out to bid.  What better than the market to find the right law firm?  He
chose the low bidder and the low bidder chose to settle the case almost
immediately, without any depositions or other investigation.  An amazing
story -- and again, someone (maybe both the judge and the winning bidder)
should have been censured, but wasn't.

The informant, meanwhile, was double-crossed in other ways by the FBI
and Justice and ended up attempting suicide and then going into a mental
care institution.  He got prosecuted for stealing money from ADM in what
looks to me like, rather than him stealing from the employer, rather a
corporate money-laundering scheme to get cash for bribes or whatever.
(ADM, you probably recall, in the person of Michael Andreas' father,
delivered a briefcase full of cash to Nixon -- ADM seems to have kept
untraceable cash handy.)  The informant got a long prison sentence, much
longer than Andreas or the other executive convicted with him, but he
remarked to the judge at the sentencing hearing that he was much happier in
prison than he had been at ADM.

I look forward to reading the book you mentioned.

Gene

Michael Perelman wrote:

 A few days ago, Justin suggested that the ADM conviction was evidence of
 a certain degree of equity in the criminal justice system.  A couple
 months before, I got a call from David Hoech, who was the ADM
 Shareholder Watch.  I had posted something on pen-l concerning ADM.  We
 had a nice chat any sent me a pile of papers.

 I know reading a fascinating book, Rats in the Grain by James Lieber,
 concerning the ADM case.  It is clear, even though that I am on page 30,
 that David Hoech was the person solely responsible for keeping the case
 on track.

 So far, ADM has managed to get the price-fixing case moved to Washington
 where ADM's lobbyists are more powerful.  It got the FBI to appoint as
 chief investigator someone who worked with Duane Andreas before.  In
 short, to fix was in.

 If the next 300 pages are as interesting is the first 30, I will have an
 interesting day -- hopefully not in the Chinese sense.

 --
 Michael Perelman
 Economics Department
 California State University
 Chico, CA 95929

 Tel. 530-898-5321
 E-Mail [EMAIL PROTECTED]




Re: Re: Mike Andreas goes to jail?

2000-08-12 Thread Michael Perelman

Gene, if you are really interested in the film, I might be able to find Hoech's
number among my papers.

Eugene Coyle wrote:

 ADM got prosecuted not because the justice Dept was on the job but
 because the head of one of the ADM divisions went to the authorities and
 assisted in videotaping the conspirators, including Michael Andreas, in
 action.

Not quite.  Andreas believed that a sabateur was responsible for poisonous
materials that ADM sold.  He called on the FBI.  The mole eventually, told them
about the price fixing.  I never understood why.

 In one bit of tape, in a Honolulu hotel room as I recall, the
 hidden cameras were rolling when someone in the room unknowingly put a
 drink down in front of the lens.  Soon an FBI agent, disguised as a waiter,
 entered the room to straighten up, and to give the camera a clear path.

I don't think that any of the tapes were ever released.  The mole, Whitacre,
was a wierdo.


 When the case went public, either through convening a grand jury or
 some other way, the first thing the Justice Department did was inform ADM
 of who, within its executives, was the informant.

Not quite.  Williams and Connely lawers offered to represent the employees.
The mole thought that his talk with his lawyer was confidential.  It was not.

 Later, a Federal judge in Chicago, re a civil part of recovering
 damages, put the opportunity to represent the class action  participants
 out to bid.

That was truly wierd.

 What better than the market to find the right law firm?  He
 chose the low bidder and the low bidder chose to settle the case almost
 immediately, without any depositions or other investigation.  An amazing
 story -- and again, someone (maybe both the judge and the winning bidder)
 should have been censured, but wasn't.

 The informant, meanwhile, was double-crossed in other ways by the FBI
 and Justice and ended up attempting suicide and then going into a mental
 care institution.

The 2 suicides were questionable.  He was unstable, at least after he came
under pressure.


 He got prosecuted for stealing money from ADM in what
 looks to me like, rather than him stealing from the employer, rather a
 corporate money-laundering scheme to get cash for bribes or whatever.
 (ADM, you probably recall, in the person of Michael Andreas' father,
 delivered a briefcase full of cash to Nixon -- ADM seems to have kept
 untraceable cash handy.)

However, the book gives evidence that Whitacre did not steal the money -- that
sending money to Switzerland seems to have been standard practice in the
company -- to give non-taxable bonuses.  A friend of a friend was instrumental
in sending the money abroad.


 The informant got a long prison sentence, much
 longer than Andreas or the other executive convicted with him, but he
 remarked to the judge at the sentencing hearing that he was much happier in
 prison than he had been at ADM.


--
Michael Perelman
Economics Department
California State University
Chico, CA 95929

Tel. 530-898-5321
E-Mail [EMAIL PROTECTED]




Re: Re: Re: Mike Andreas goes to jail?

2000-08-12 Thread Eugene Coyle

Michael, the description of the incident in the Honolulu hotel room was reported
in a daily newspaper.  I probably read it in the Wall St. Journal but not sure
that was the source.

I've read, as you report below, that the money was secretly transferred to
employees to be non=taxable bonuses.  The dollar amounts were pretty large and the
suspicion remains that it remained corporate money to be used for whatever.

As I recall, the trial judge in the prosecution of Andreas did admit the tapes
-- but I'm not sure they were ever played publically, or even at the trial.

Gene


Michael Perelman wrote:

 Gene, if you are really interested in the film, I might be able to find Hoech's
 number among my papers.

 Eugene Coyle wrote:

  ADM got prosecuted not because the justice Dept was on the job but
  because the head of one of the ADM divisions went to the authorities and
  assisted in videotaping the conspirators, including Michael Andreas, in
  action.

 Not quite.  Andreas believed that a sabateur was responsible for poisonous
 materials that ADM sold.  He called on the FBI.  The mole eventually, told them
 about the price fixing.  I never understood why.

  In one bit of tape, in a Honolulu hotel room as I recall, the
  hidden cameras were rolling when someone in the room unknowingly put a
  drink down in front of the lens.  Soon an FBI agent, disguised as a waiter,
  entered the room to straighten up, and to give the camera a clear path.

 I don't think that any of the tapes were ever released.  The mole, Whitacre,
 was a wierdo.

 
  When the case went public, either through convening a grand jury or
  some other way, the first thing the Justice Department did was inform ADM
  of who, within its executives, was the informant.

 Not quite.  Williams and Connely lawers offered to represent the employees.
 The mole thought that his talk with his lawyer was confidential.  It was not.

  Later, a Federal judge in Chicago, re a civil part of recovering
  damages, put the opportunity to represent the class action  participants
  out to bid.

 That was truly wierd.

  What better than the market to find the right law firm?  He
  chose the low bidder and the low bidder chose to settle the case almost
  immediately, without any depositions or other investigation.  An amazing
  story -- and again, someone (maybe both the judge and the winning bidder)
  should have been censured, but wasn't.
 
  The informant, meanwhile, was double-crossed in other ways by the FBI
  and Justice and ended up attempting suicide and then going into a mental
  care institution.

 The 2 suicides were questionable.  He was unstable, at least after he came
 under pressure.

  He got prosecuted for stealing money from ADM in what
  looks to me like, rather than him stealing from the employer, rather a
  corporate money-laundering scheme to get cash for bribes or whatever.
  (ADM, you probably recall, in the person of Michael Andreas' father,
  delivered a briefcase full of cash to Nixon -- ADM seems to have kept
  untraceable cash handy.)

 However, the book gives evidence that Whitacre did not steal the money -- that
 sending money to Switzerland seems to have been standard practice in the
 company -- to give non-taxable bonuses.  A friend of a friend was instrumental
 in sending the money abroad.

  The informant got a long prison sentence, much
  longer than Andreas or the other executive convicted with him, but he
  remarked to the judge at the sentencing hearing that he was much happier in
  prison than he had been at ADM.
 

 --
 Michael Perelman
 Economics Department
 California State University
 Chico, CA 95929

 Tel. 530-898-5321
 E-Mail [EMAIL PROTECTED]




Mike Andreas goes to jail?

2000-08-10 Thread Michael Perelman

A few days ago, Justin suggested that the ADM conviction was evidence of
a certain degree of equity in the criminal justice system.  A couple
months before, I got a call from David Hoech, who was the ADM
Shareholder Watch.  I had posted something on pen-l concerning ADM.  We
had a nice chat any sent me a pile of papers.

I know reading a fascinating book, Rats in the Grain by James Lieber,
concerning the ADM case.  It is clear, even though that I am on page 30,
that David Hoech was the person solely responsible for keeping the case
on track.

So far, ADM has managed to get the price-fixing case moved to Washington
where ADM's lobbyists are more powerful.  It got the FBI to appoint as
chief investigator someone who worked with Duane Andreas before.  In
short, to fix was in.

If the next 300 pages are as interesting is the first 30, I will have an
interesting day -- hopefully not in the Chinese sense.

--
Michael Perelman
Economics Department
California State University
Chico, CA 95929

Tel. 530-898-5321
E-Mail [EMAIL PROTECTED]