Thursday, April 12, 2007

Ford's hard work

Well, the fax of the draft version of the legislature finally made it through and McNeil promised to take a look at it (exhibit 77). The date is September 7, 2004 and it's four pages long and from the stamp on the bottom, we see it's from Senator John Ford's office.

According to McNeil, everything on the draft was completed exactly as they had discussed on the day Ford received the $10K in McNeil's office.

Ford and McNeil then met on September 17 to discuss the document in McNeil's E-Cycle office. This, like most meetings in McNeil's office, was captured on video (exhibit 17).

"I'm going to roll this thing section by section and you can make notes," says Ford.

According to McNeil, this document is just the beginning. He says Tim Willis started this with project Senator Dixon, but Ford's document is a thousand times better.

Ford explains why his is so much better.

"In order to win, you gotta have something beneficial," says Ford. "Beneficial to the state. Beneficial to everyone."

McNeil says everyone reviewed it, even their legal guys.

"It's perfect," says McNeil.

But McNeil does have one concern, and it has to do with the education clause. Ford says it doesn't limit it to just education, but will take a look at it. McNeil says he doesn't want the schools getting preference over them. He wants E-Cycle to have preferential treatment. Ford agrees.

"We need to amend it to include other agencies?" ask Ford. "To amend it, to take it out."

Ford then reads a little more and asks, "What do you all want 'em to do?"

"I don't want them to be donated," says McNeil. McNeil says E-Cycle wants to pay for the surplus equipment. They don't want them for free because they want the best surplus equipment out there.

Ford continues to go through the document line by line, talking about rules and regulations and other legislative details. McNeil doesn't have any other concerns.

"That's solid, John," says McNeil.

Once they're done, McNeil gets the payment out of the way.

"Do you have any expenses?" asks McNeil.

"No...and if I did, I wouldn't charge you," says Ford.

McNeil then pays John another $5K. According to McNeil, this payment was to cover the changes Ford was going to make to the document.

Ford takes is job seriously

If you ever need legislation documents done and done right, Ford is the man to see. According to the few phone conversations we've been listening to, we see he takes his job seriously.

"I'm going to have next week Wednesday, no later than Thursday the rough draft for you," says Ford.

"I think just as long as you have the draft...it doesn't have to be perfect," says McNeil.

But Ford says it will be 95% what McNeil wants and then they can make a few changes. He then goes through some of the details of the documents, hi-lighting his expertise in legislature, such as how they need a separate section for education. He also talks about how they are going to avoid some of the mistakes made last year.

McNeil says these mistakes including a surcharge of $10.00.

When McNeil follows up with Ford on September 9, 2004, Ford says he was just in Nashville working out the details and he'll have his secretary fax over the document for review.

When Ford does fax the document through, there are problems. Only one page comes through. Ford immediately calls McNeil, upset about the fax. Someone kept picking up the line.

"I tried to send the damn thing three times," says Ford. "Give me four minutes."

McNeil then asks Ford if he has tickets for the upcoming Football game and the Usher concert. It's not clear if McNeil asked Ford because he was going to bribe him with the tickets, because it turns out it doesn't matter. Ford doesn't need them.

"I got tickets in Memphis for any damn thing you want...I got everything lined up for you," says Ford

McNeil did accept some of Ford's tickets. He said he took them to be courtious.

The payment plan

"...we'll go five for the next month and the month after," says McNeil. "We'll get a draft of the legislation and then we'll discuss additional payments that you may need."

This was how McNeil laid out the bribes on the video. Ford was also to recieve $10,000 for that month and the month previous.

We're still in McNeil's office and Ford doesn't flinch at the payment plan. Instead he focuses on his side of the deal.

"Tell me succintly the name of the company you want. We can't use the E-Cycle Management name," says Ford

On the video, Ford is reading from the log that is currently in place and a brochure.

"What's going to happen between now and January is what we make out of it," says Ford.

"What YOU make out of it," says McNeil correcting Ford.

They discuss a little more business stuff regarding the wording of the draft. Then later in the video, McNeil counts out $10,000 in two $5000 piles in front of the camera and hands the bills to Ford. He says he paid him in $100 dollar bills. In the court we watch this twice: once from a side view and then again from the overhead camera.

Ford accepts the money and says he doesn't need an envelop. He folds the wad in half and tucks the first $5K in the back pocket of his suit pants. He accepts the second $5K and tucks that wad in his jacket pocket.

"Let's say the 15th of September I'll have the draft," says Ford.

"And you'll sponsor it?"

"Yeah, I'll be the prime sponsor, but I'll have some other folks," says Ford.

McNeil and Ford then decided to go grab some lunch. And just like that, the first bribe was complete.

Getting down to business

We're still on the transcript where Ford watched the E-Cycle corporate video. After McNeil shows off a couple of his music projects, he gets right to business.

"Now which committee do you think this'll go to? I wouldn't be screwing with you man," says McNeil.

"Hey ho ho ho --still has to go through State and Local Government. Depends on how they assign this," says Ford. "...I'm on the finance control of it."

"So we're in a win/win either way," says McNeil.

"Either way."

Ford then agrees to meet with McNeil the next day at one of their offices. These offices, as we mentioned earlier, are full of cameras. McNeil says the reason for this is make sure they capture everything and also it protects them if one of the cameras fails.

Watching the video, we see Ford in McNeil's office sitting by the desk. McNeil shows him their paperwork. Ford tells McNeil that they need to focus on the language in order to get it approved.

"Tell them what you want to get done and we'll get the language right," says Ford.

He says they'll take care of the definitions and paragraphs. McNeil wants it done by December 1.

Ford says, "I'll get that done for you."

Your electronic waste put to good use

E-Cycle had produced a corporate video (Exhibit 75) to help legitimize their company. They would show this video to people such as John Ford to explain the company's business and what they do.

Their slogan: E-Cycle - your electronic waste put to good use.

They played it for us in the courtroom. It's a mix of video showing garbage, flash blurbs such as "500 tons of waste each year", and some grooving disco music. The video is about 10 minutes long and is narrated by LC McNeil.

It also shows their website: www.ecyclemanagement.com. But don't bother trying the url. It no longer works.

Anyway, according to the audio transcript, Ford got to watch this snappy little video on a laptop in McNeil's car.

Here's his reaction:

"That you speaking?" asks Ford.
"Uh-huh. I did the voice over," says McNeil.

Ford then says nothing for the rest of the presentation while McNeil does a his sales pitch.

"Where's that warehouse located? Which city?"
"Atlanta," says McNeil. "...What do ya think, sir?"

"Very impressive. One hell of a marketing pitch. This time next year, there'll be one hell of a damn market," says Ford.

After the pitch LC McNeil shows Ford some tunes he's working on with Prince and Disney. McNeil says he had them on his computer to make his music persona more real.

LC McNeil on the witness stand

Scholl is done with Caroll and we now have LC McNeil on the witness stand. McNeil was a co-partner in E-Cycle and claimed to have connections in the entertainment business. McNeil is also an FBI agent.

Below are a few highlights from a transcript dated July 28, 2004 where McNeil returns Ford's call:

"I'm in Sinapore," says McNeil. "Where are you?"

"I'm in Boston," says Ford.

"We got a shipment of computer parts. We got a fantastic deal, man. I couldn't have done better," says McNeil. "...What do we need to get this legal?"

"When you get back, we'll get that done," says Ford.

Agent McNeil tells the court he wasn't really in Singapore at the time of the call, even though that's what he told Ford. He says they often made up locations so that if the subject needs to contact them, they have a reason for not being readily available.

Would you vote for E-Cycle?

When it comes to business how much does the average person know? In other words, would the average person know that E-Cycle's business model didn't make sense?

This was the question that Mike Scholl was asking. He was also questioning whether you needed to be bribed to believe in the idea or not. He says that even through the FBI bribed Jeff Miller and Crutchfield to sponsor the bill, a number of other senators thought it was a good idea.

Caroll admitted to being in the room as the senators voted positively on the bill.

"They removed a minor part of the bill. They took out that they had to be in businss for a year in Tennessee," says Caroll.

Except for what Caroll calls a "minor" change, the rest of the bill was positively voted on.

"Did you bribe Senator Harper?" asks Scholl.

"No," says Caroll.

"Did he vote positively?" asks Scholl.

"Yes," says Caroll.

Scholl goes though the same questions for eight more senators. They all voted positively without being bribed.

The Love connection

Charles Love become an employee of E-Cycle. He was an associate for the company. He didn't have an office, business cards or any E-Cycle equipment, but they did pay for his phone bill.

In October, Love and Caroll are driving together when they see Ford in the parking lot in Memphis.

"Let's pull over and have some fun with Mr. Ford," says Caroll on the transcript.

Scholl wants to know what kind of fun this is. Caroll claims they were only going to talk with him.

We're back to the boat

According to Caroll, the yacht in Miami is pretty average but it might be considered impressive to those who aren't accustomed to that type of lifestyle.

Scholl then wants to know why they didn't record the yacht event. Caroll says it's hard to hide the devices when wearing shorts and a flimsy T-shirt. It works better when wearing a suit.

When Ford went down to the yacht to July, it wasn't for E-Cycle. The event was for a film festival, but this event wasn't formalized. According to Caroll, the inivation was more casual and went to the tune of "while you are there, do you want to check out the yacht?"

Because this was not an E-Cycle event, no other senators were present - only Ford. Charles Love was not there in July. There were a couple of women on the boat. These weren't FBI agents, but women from Memphis who were at the film festival. Caroll gave Ford a tour of the boat and then they cruised around the harbor for a couple of hours.

"My role was to be co-owner of the boat, host it, hang around for a couple of hours and then go home," says Caroll.

Scholl cross examines Caroll

Scholl begins by going over what exactly Caroll did in his consultant role.

"Lie..you use the word 'lie' where I would use the word 'actor'," says Caroll. "We were like actors; we had a script."

"Either way it's not true," says Scholl.

"It's not true," says Caroll agreeing to Scholl's statement.

Caroll agrees that when he met Ford in April that Ford had not committed any corrupt acts that he was aware of.

"I did not know Ford or his background," says Caroll.

The dinner at Morton's Steakhouse consisted of 8 or more people. It was probably an expensive dinner, but Caroll doesn't know for sure how much it cost or what he ate that night. The one thing he does know was that he didn't bribe John Ford that night.

"I never paid John Ford any money," says Caroll when asked if he gave Ford money the night of the dinner.

Caroll admits that he never gave Ford money at any time during the investigation.

Lunch Talk

On March 8 2005, Joe Caroll recorded a lunch convesation between himself and John Ford. The conversation talks about the bills and which ones Caroll wants Ford to approve for E-Cycle.

"Do you know, you know you introduced two bills?" says Caroll.
Ford agrees and Caroll tells him he wants the second bill and not the first one passed.

"Okay and I'll go with 94," says Ford, meaning Bill 94 -the second bill. This is the one that says the equipment will be broken down out of the State of Tennessee.

"I'll have 'em General Sub that one. We'll go," says Ford.

"What's that, what's that do?" asks Caroll.

"We'll put it in General, hold it," says Ford.

Putting the bill into General Sub puts in suspension.

Ford files two bills

Even though E-Cycle's business model didn't make sense, legislation was actually filed on behalf of E-Cycle. Caroll says he saw the legislation.

When it came to legislation two bills were filed by Ford.

"I believe they were filed in January 2005," says Caroll. "He filed one bill -- was Senate bill 28 -- which had everything we wanted with the exception that the items had to destroyed outside the State of Tennessee."

LC McNeil asked Ford to refile the bill correctly on their behalf with the words "outside the State of Tennessee" added. By the time the second bill was filed, the FBI had two more senators who agreed to sponsor the bill. According to Caroll, just like Ford they were paid bribes to co-sponsor the bill. These Senators were Crutchfield and Miller.

"I met them through Charles Love," says Caroll when asked how he met the two co-sponsors.

Ford likes the the boat

The jury got the chance to listen to this first transcript. This one took place on October 12, 2004 in Memphis.

Charles Love and Caroll ran into Ford by accident in parking lot. Ford was out making notes on car tags and they joke a little about how it looks like he's writing traffic tickets. Based on the conversation, this was after the Miami yacht trip and Ford had already drafted the legistlation.

"We're talking to some people about our legistlation," says Caroll to Ford.

They continued talking about unrelated topics and then Ford got on the topic of the boat.

"I told them I was on a 10 million dollar yacht. I didn't mention any names," says Ford. "You own that boat?"

Ford later on talked about his success at passing bills.

"I passed all sixty," says Ford, meaning bills.

"I told you he liked that boat," says Charles Love to Caroll at the end of the conversation.

The infamous Bowers dinner

We heard about the dinner Mrs. Bowers hosted yesterday on April 19, 2004. What makes this dinner significant was that was when Ford got involved in the Tennessee Waltz operation.

According to Caroll, Bowers organized the dinner by inviting who she thought "leaders" would be, but she didn't pay for it. E-Cycle did. The dinner happened at Morton's Steakhouse in Nashville.

Senator Ford happened to be one of the leaders invited to the dinner. Caroll says he didn't know who Senator Ford was prior to that dinner. He also says that the agents had never mentioned Ford to him before.

Along with John Ford, both Turner and Charles Love became subjects of the investigation after this dinner.

A company doomed to fail

E-Cycle was created to fail.

"Our business model was a complete 180 degrees. It didn't make sense," says Caroll.

According to Caroll, E-Cycle was going to pay money to buy surplus or outdated electronic equipment from the state of Tennessee. They were then going to ship it to the Philippines where it was going to be broken down.

Caroll says in the "real" world, they couldn't find any company that would pay for surplus equipment. It's usually just thrown into landfills. In other words, E-Cycle was paying for garbage.

Of course, Caroll and the E-Cycle team didn't tell people this. Instead they told people that they had been using this business model in other states and it had been successful.

Second Witness: Joe Caroll

Thursday begins with the prosecutor interviewing Joe Caroll. Joe was the retired FBI agent who played the role of E-Cycle's president aka Joe Carson. He's spent 30 years with the FBI.

Joe says one of the reasons the FBI sets up fictitious companies rather than working with existing companies is because they think about the liability they have after the case is over.

"You might not want to be known as a company that supported the FBI in a corruption case against the Tennessee and then have to work with the State after," says Caroll.

The fictitious company is set up to look as real as possible. This includes offices, business cards (Exhibit 74a), brochures (Exhibit 74b), entertainment events such as the yacht party -- which was used once in the sting. The company was also officially incorporated with offices in Memphis and Nashville.

"When in Rome do as the Romans do, if you will. You have to appear as if you are equal to other companies involved in similar types of business you're involved in," says Caroll.

At first Caroll wasn't interested in being a part of the sting.

"I didn't have the time or the interest initially. I was merely talking to them about the different techniques," says Caroll.

Caroll's role was that he was a venture capitalist with money to spend.

"I have some personal and some professional knowledge in that particular industry," says Caroll.

Caroll says it's important that the agents have a background story and that everyone is aware of the story.

"It not uncommon for someone to come up and say 'Where did you two guys meet?' You need to know what the other guy is going to say," says Caroll.