Attorney Lieber deserves high praise for his objective, informative presentation of the antitrust criminal case vs. Archer Daniels Midland, the agribusiness giant, that ADM, its powerful lawyers and Clinton's Justice Department did not want published. To his credit, he continued to pursue this case after most reporters backed off and swallowed the dizzying spin and disinformation that ADM's CEO Dwayne Andreas and his aggressive lawyers gave the media, crying crocodile tears as the "victim" of an allegedly deranged ADM executive, Mark Whitacre, who became the FBI's mole, and made hundreds of tapes incriminating ADM executives fixing prices in world markets with their competitors. Lieber correctly smelled the stench of a cover-up and adroitly guides readers to make their own
conclusions after compiling evidence, omissions from court records, and other factors that allow readers to infer that the judicial process was compromised by ADM's widespread political
influence before the trial even began. Although Dwayne Andreas,
the infamous political fixer and king of corporate welfare, got immunity in a highly secretive plea bargain to Justice in 1996,
after ADM agreed to pay a record fine of $100 million, his son
Michael was convicted and imprisoned with Terry Wilson for a
mere 3 years, and Dwayne (thanks to outraged and courageous ADM
shareholders) finally resigned. Tragically, Whitacre was
convicted, fined and sentenced to a harsh term of 9 years
because of ADM's swift retaliation against him as whistleblower, for exposing to the FBI the ... corporate culture of
ADM...(anything goes-but don't get caught-and here's your big
bonus (not reported on books)to keep silent, the unspoken words
being that an employee would be fired and crucified if they
blew the whistle.
Lieber's chilling comment (p. 322)should concern every citizen
or future whistleblower who believes in due process and our rule of law: "It was expected that ADM's attorneys would savage the
snitch. What was highly bizarre in the world of criminal law was the way the Justice Department joined in the frenzy to destroy Whitacre. This was an aberration...the perpetrator was a
politically wired corporation whose law firm- the president's law firm- had unbridled entree and influence at Justice. The
mole's lawyer had none."
Lieber makes a strong case that this American corporate history- "one of the most important antitrust cases of the century"- should be closely examined. Rightly so. Why was the court record sealed, why were key witnesses (e.g., Wayne Brasser) not deposed, who could have validated Whitacre's claims that the hidden bonuses were a quid pro quo for engaging in illegal price-fixing? The author's appendices are very helpful. ADM and Dwayne Andreas not only have lobbied for years to emasculate our antitrust laws (the "Magna Carta" of free enterprise) but know that the massive soft money donations to key politicians can grease not only the wheels of justice, but also ensure that ADM continues to get huge subsidies for ethanol and other favors from Agriculture Dept. (high fructose corn syrup,peanuts) that have cost taxpayers billions of dollars.
Rats in the Grain is highly recommended, and was a difficult book to write because of the case's complexity. James Lieber should be considered for a Pulitzer Prize.
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