The Chicago Criminal Trial
On the night of the Decatur, Illinois raid of ADM’s headquarters, ADM Executive Vice President Michael Andreas and Corn Products Division President Terrance Wilson were offered a chance to cooperate with the government, but to no one’s surprise they refused the offer. On the expectation that Andreas and Wilson would continue to deny their culpability, DOJ prosecutors formed a prosecutorial team under the initial leadership of James M. Griffin, Chief of the Antitrust Division’s regional office in Chicago.1 About five weeks later, Mark Whitacre’s embezzlement of ADM became known to the DOJ and his immunity from prosecution was revoked.2 Under the terms of his cooperation agreement, Whitacre’s fraud made his indictment for price fixing practically automatic in the view of the DOJ. Whitacre’s perfidy made him unsuitable as a government witness and greatly complicated the government’s burden of proof in its prosecution of Andreas and Wilson. By indicting Whitacre on the same charge as Andreas and Wilson, the prosecution was counting on the likelihood that Whitacre would not take the stand in his own defense. More importantly, it made it impossible for the defendants to call Whitacre as a witness and thereby paint him as the chief price fixer.3
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