Friday, April 13, 2007

Careless whispers at the Peabody

It's now 5pm and we're listening to the last piece of evidence of the day. It's an audio conversation of Ford and McNeil while they have drinks at that Peabody Hotel.

McNeil starts off the conversation by bringing up his business partner Joe Carson.

"He's [Joe] wasn't really into it," says McNeil. "He was concerned about the bad press you were getting."

Ford defends himself by telling McNeil not to worry about it. He's still the man. He may not do this all the time, but when he does do this type of work, he's successful.

After some small talk, McNeil lays out a business proposition for Ford.

"Tell me what you think about this. You think it's a problem let me know. What I'd like to see if you want to keep doing this until next year," says McNeil.

"I don't mind doing that. Don't have to talk about it," says Ford.

Ford then says something we can't hear. McNeil tells the court that Ford whispered that he didn't have a problem killing someone. McNeil says he felt threatened. He says he laughed at the comment because he didn't want to excite him even more.

They continue talking and John calms down. I'm not going to put too many quotes because while Ford is a talker, he uses a lot of words I can't put in this blog.

Later on McNeil makes mention of money.

"You can either slide over and we can finish this drink. Or you can give me a call later so I can give you something," say McNeil.

McNeil says he doesn't like to carry around that much cash.

The keep talking and Ford ends the conversation with...

"When they make women* a state or a federal crime, then I'd go to jail happy," says Ford.



* word substituted for a 'cleaner' version

Too close for comfort

Even though Ford was suspicious, the bill was still moving forward. Ford is efficient in getting the bill moving. It was about to go to a floor vote and now the FBI needed to pull things back.

In a quick phone conversation on March 15th, 2005, we hear the following:

"We passed the bill out of the committee today. It's going to the floor on Monday," says Ford.

Ford was in a hurry to get off the phone. He said he was on his cell and didn't like to talk to long on the phone --a little weird as we see Ford always on his cell phone talking to someone. Ford tries to get off the phone, but McNeil stresses that he really needs to talk to him and to call him as soon as he can.

When asked "why" by the prosecutor, McNeil said he needed to talk to him, because the bill could not go to the floor for a full vote. It was part of the FBI policy not to let it go to the floor and become a law. He needed to come up with a way to get it delayed.

On March 17 (Exhibit 58), McNeil uses the excuse that he wanted to become a sole business owner of E-Cycle and wanted to wait until that happened before the bill went to the floor. He tells Ford to get them to hold it until the 10th or 15th of April.

Somebody's out to get me

On March 10, 2005, McNeil says he did not wear a recorder to a restaurant meeting with Ford because he heard information from that field that Ford was becoming suspicious.

"He could possible pat me down. He seemed nervous and was suspicous that someone was setting him up," says McNeil when asked why he chose not to record the meeting.

While we didn't hear the conversation at the restaurant, McNeil said Ford was different. He was nervous. He was not as calm and his conversation was guarded. McNeil says that Ford thought someone was setting him up.

According to McNeil, Ford told him quote - "I would kill someone so there'll be no witnesses."

McNeil says he felt threatened and thought Ford was referring to him.

On the same day, Ford meets with McNeil in his office. Of course, he's now on camera and we can see for ourselves that Ford is different. First of all, he does not sit down during the whole meeting, instead he stays as far away from the desk as possible and keeps looking out the window.

"He did not sit down. He was looking at the walls. He was cautious and guarded," says McNeil while in court.

McNeil tries to reel Ford back and regain his confidence by talking about movies. When that doesn't work, he challenges Ford's effectiveness by saying he's concerned the bad press Ford's getting with other issues will affect the bill.

Ford still stands, but starts to whisper. According to McNeil and the other videos we've seen, this is unusual.

"I'm not mad angry or upset, cuz I don't get mad at folks," says Ford. "Let me tell you this. I can walk in the room and get more done than 10 mother*** can."

Ford's concerned about Alana Turner. He thinks she could be working for somebody and makes a reference that she could be an informant working for the FBI. McNeil tells the court today that Turner wasn't an informant.

McNeil still pays Ford $5000 that day, but that particular day Ford stopped McNeil from counting the money out.

"What's with the holes by this picture here?" asks Ford.

Ford kept looking at a picture at the wall. McNeil think Ford might have thought a camera was hidden there. Ford is so far from the desk that he's out of the frame for much of the video. He avoids the chairs in front of the desk the entire time.

"I counted fifty $100 dollar bills. I placed them in an envelop and put it on the edge of the desk. At the end of the meeting, Ford walked over with a newspaper and picked up the money with the paper," says McNeil.

After that day, Ford never accepted another payment in an office.

Committed until the end

Like usual, Ford is true to his word. On February 17th, McNeil gives Ford a call (Exhibit 48) and asks about the progress.

"I've met with the guy, the Fiscal Review Director, and he's going to work on that," says Ford.

McNeil then wants to know if there could be any problems in getting the legislation through. Ford does admit that he's getting a bit of pressure.

"I ain't quitting giving up. They are putting a lot of pressure on me, but I'll beat it," says Ford.

A few days later on February 24th (exhibit 49), McNeil calls Ford again. This time Ford is suffering from a head cold. He still hasn't heard back from the Fiscal Review Director, but assumes everything is in good order until it hits the bill committee in early March.

Ford stays on the Fiscal Note issue and on March 7, 2005, Ford calls a woman named Rosemary (exhibit 50).

Rosemary works in Senator's Ford's office. She handles the day-to-day operation. She works in his Nashville office. During the secretly recorded phone conversation, Ford asks Rosemary to check two things.

"Check with Fiscal Review. I need the fiscal note on it. Tell them I need it on Tuesday or Wednesday," says Ford.

The second thing he wanted was to make sure they mark Bill 28 (the E-Cycle bill) on the calander for next week.

Sweet talk on Valentine's day

"I need to talk to you this stuff, man," says McNeil. "You need to explain to me about this fiscal note, man."

This was opening of a conversation (exhibit 47) between McNeil and Ford on Valentine's Day, 2005 and Ford is about to sweet talk his way through the explanation.

The fiscal note is an evaluation on how much a particular piece of legislation will cost. Basically, they want to know whether or not the legislation will be a liability or an expense to the state. But Ford always has his client's interest at heart and promises to take care of it.

"It will take a few days to look at it, don't worry about it. They probably didn't understand," says Ford.

What Ford is referring to are storage costs and other costs associated with the legislation that he thinks aren't important and just need to be clarified.

"Look at the storage fee," he tells McNeil. "They act like they're going to sell these things and they have to pay to storage, but they already paying for storage."

Ford goes onto to clarify the reasons. McNeil doesn't even need to say a word.

"It would reduce their costs. It would be a cost reduction in terms of storage and management. I'm going to have them to check percisely what they are doing. That's why I put it off for 6 weeks...I'll put all that in perspective this week," says Ford.

But Ford is going to do more than put the legislation off, he's going to do some checking around on behalf of ECycle.

"I'm meeting with Roscoe and AC in Nashville tomorrow. I'll mention to them about the computer. If there is a problem, I'll find out," promises Ford.

"That's solid," says McNeil.

"You're my man, my partner"

The next piece of evidence is a tape from inside the Senate office in Nashville Tennessee. The camera is attached to something FBI agent McNeil is wearing so it's sometimes hard to hear what's doing on and the angle is a little skewed. Most of the time we see the roof of the office or John Ford's hands --thankfully, he's a hand-talker or we'd never see him.

"Tell me what you think about this, John. In regards to our legislation do you think it would be proper and cool for you to sit on it for a couple of weeks and let it go to the house first?" asks McNeil.

John says yes, but not for the reasons that McNeil is thinking. He goes onto explain the reasons as to why this will help their cause. According to McNeil the real reason they wanted to have Ford sit on it was because it was moving along a little too quick. Ford had also at this time convinced Crutchfield to co-sponsor the legislation.

Throughout these tapes you can see the relationship of the two men develop. The first videos that took place at the beginning of the sting were all business related. Ford was all "business" and talking about what he could do and how good he could do it. Now the relationship is more casual. They talk about hot women, weekend plans and other personal topics --as if they are friends. And McNeil plays up this relationship.

"You're my man, my partner. I keep you with me all the time," says McNeil. "You're my friend. I will look out for you if I need to."

He then counts out more money to give John Ford.

Deeper and deeper

Tape after tape, those watching the proceedings in the courtroom see John Ford accepting $5000 payments from the FBI in McNeil's office. Each time McNeil counts out fifty $100 dollar bills, Ford falls deeper and deeper into the sting.

"Everything you've told me you were going to do, you've done," says McNeil.

But aside from writing up the document and getting McNeil free concert tickets and football box seats, what else was Ford doing?

We learn by listening to the conversation in Exbihit 43 at took place on January 31 that Ford is not just writing up the legislation, but setting up a reception for E-Cycle at the Nashville Sheraton Hotel. In this audio tape the conversation includes Joe Carson, along with McNeil and Ford.

The ECycle uncover group does meet with Mayor Wharton (a meeting that Ford did not set up). They said they didn't find any wrong-doings during Wharton's meeting.

Ford's not backing out

In mid-December Ford and McNeil meet up in Miami. They are staying at the Loews Hotel in South Beach. This is more of a party and relaxation trip, but this doesn't mean the two of them aren't going to talk shop.

"We get back to session in 24, 25 days," says Ford on the recording (exhibit 34).

"You're not going to get out of this on me," says McNeil.

According to McNeil, Ford mentioned that he may run for Mayor and resign his position as Senator. Turns out McNeil doesn't have to worry.

"Well I ain't going to get out until we get this accomplished," says Ford.

McNeil is hoping to get Ford to talk to Joe Armstrong to push the bill to the house. He tells Ford that he's the man to get this done.

"Kathryn [Bowers] basically told me if you need something to happen, you need to talk to John Ford," says McNeil.

In another transcript on the same Miami trip, Ford talks about the timeline.

"In long term speaking, how do you see this going through?" asks McNeil.

"We can't predict that," says Ford. "We aren't going to get started on the legislation until the first week in February."

Ford tells them there's a deadline for filing bills and suspects it will be February 6. In February they file the bills and then review them. He recommends that McNeil be available in March 2005 in case they need him. Ford also isn't sure which committee the bill is going to go through, but apparently it doesn't matter.

"...probably General Services, it could be Finance Administration. There's no problem, I don't care which committee that goes to," says Ford

Ford is paid another $5000 while he's in Florida.

"You want five a month until we get it passed?" ask McNeil.

Ford agrees.

Ford's bling

We're back in McNeil's office. It's November 19, 2004 and Ford and McNeil are meeting. They are working out the draft details and fine tuning the exclusivity of the legislature document. Watching the video, at first it appears like just another business meeting between the two men, when suddenly McNeil stops...

"You've been bling blinging all day long," says McNeil.

Ford shows him his "bling". It's the $50,000 Rolex watch. The one he got from developer Rusty Hyneman.

"Where did you get that? You get that in Miami?" asks McNeil.

They two keep talking about the watch and how much it costs. They estimate it must cost about $50,000, but Ford didn't pay that much for it. It turns out Ford didn't pay for it at all.

"I paid zero," says Ford.

Ford says he got the watch for helping the developer save millions of dollars. McNeil jokes by asking if that's all he got. Ford says he got more than just a watch.

"I imagine you are talking about 3 to 5 carrots. It's a very heavy watch," says Ford, when McNeil asks about the diamonds in the watch.

Towards the end of this same meeting, McNeil counts out another $5000 and puts it on the desk in front of Ford. Ford picks it up and tucks it into his suit pocket.

"Now this is five for the last month," says McNeil.

McNeil says this was for a more changes on the document. McNeil admits that Ford never did anything for them regarding the city, county or the schools.

But why Ford's getting all this bling and money...well, that's another story.

Good Hands

Ford is an expert when it comes to what happens in the legislature and in a phone conversation on November 9 2004 (Exhibit 27), he tells McNeil how it's going to work.

"We can pre-file the bills anytime. I don't want to pre-file it with nothing out there," says Ford.

McNeil is concerned that they need to file earlier, but Ford tells him not to worry because they don't look at the bills until January 15th. They then take a look at everything that's been filed and Ford says he'll make sure they take a look at the ECycle file.

"And then we'll be filing with a bunch of bills but nobody pays any attention to them. But I'll take care of that," says Ford. "...I know exactly what to do. You're in good hands. You're in the best hands."

What color is your hat?

One of the things about Ford, is he's busy. He's always talking about how he just came back from Altanta or Orlando or Nashville. But while he's a jetsetting business man, he's also a man of many other hats.

While sitting in McNeil's office, he's wearing his Senator hat, then switches to his lawyer's hat while reading over the documentation.

Halfway through a revision of a section and mumbling in legal jargon, his cell phone rings. As he picks up the phone, he's suddenly wearing his entertainment hat. He's now talking like a bookie and telling someone about how he's going to get them tickets to the R Kelly concert.

"I haven't picked up the tickets yet, but I'll get them."

Ford get off the phone and he's back to wearing his legal writer hat.

"We gotta get the language right," says Ford.

At the end of the meeting, McNeil gives Ford another $5000 (fifty $100 bills)for what they just did in the office. McNeil says this was for going through the legislature. Now, I'm not sure what hat Ford was wearing at the time, but on the video, we watched him take the money and put it in his pocket.

The second draft

John Ford is a man of his word and did fax the second draft of the legislation document (exhibit 78) to McNeil's Atlanta office. This draft too came directly from Senator Ford's office as per the fax marks on the bottom of the document.

A phone conversation on Oct 11, 2004 (exhibit 23) talks about this second draft.

"Did you get the fax?" asks Ford.

"I looked at it and we still got some issues there, man. I'm going to sit down and look at it hard," says McNeil.

McNeil says they have made some progress and the document is getting there. McNeil tells Ford he's in Chicago at the moment, but will be back later this week to go over the changes. In case you're wondering, McNeil wasn't really in Chicago.

"If you need to make changes in whatever section, we'll make those changes," says Ford.

The two of them meet up in McNeil's Memphis office on October 15, 2004. Exhibit 25 shows the video footage of this meeting. Before the meeting starts, Ford gives McNeil Titan football tickets. They are box seats. The two men then get into the draft details.

McNeil still has a problem with the draft.

"I need it to be a little more exclusive to us," says McNeil.

According to McNeil, he wants Ford to tweak the document to make the legislature more exclusive to them. In other words, they would get preference over any other company --just in case some other company decided to move in on their turf. Of course, that will never happen as E-Cycle's business model doesn't make sense --but Ford doesn't think about that. Instead he's focused on making E-Cycle happy.

"We can change it the way you want to change it," says Ford.

Later on Ford, repeats this...

"We file this bill, we want to have all the right language in it. This is a draft. We can change anything we want."

Friday starts where Thursday left off

Friday starts where Thursday left off. The prosecutor is still interviewing FBI agent McNeil.

We're watching the same video we saw yesterday, but from the top view. McNeil is counting out $5000 (the second bribe) and handing it over to Ford.

"Did Senator Ford take that money with him when he left?" asks Discenza, prosecutor.

"Yes he did," says McNeil.

Ford then went began work on the revisions. Ford calls McNeil a couple of weeks later saying that he has done the changes and had his lawyers take a look at it. At this point the draft is ready to be reviewed.

On September 22, 2004 we hear another phone conversation (exhibit 21). This time Ford says everything is done right and it's ready to be faxed. The attorneys had looked at it and no other changes needed to be made. The draft is now ready to go to the committee.

But Ford's generousity goes beyond creating the proposal for McNeil. During this conversation he also makes reference to a entertainment event (a fight) were he's invited McNeil, providing the tickets and accomodations for the event.