We're back from lunch and now that all the transcripts have been entered into evidence by the prosecutor, we can move on to Mike Scholl's cross examination of Agent Burns.
Before the FBI can start an undercover investigation a set of reports have to go through several levels of approval, but according to Burn you don't need approval to make recordings as long as you have local approval.
For E-Cycle get started the FBI put together a written proposal. Included in it were the finances, goals and objectives, prior evidence of criminal wrong-doing and which individuals were thought to be involved in the wrong-doing.
They also have to show evidence that the wrong-doing exists, but the type of evidence varies.
"There appears to be some evidence that this person is pre-disposed to doing criminal activity," says Burns.
Burns says Ford was not one of these 'wrong-doers' that they had evidence on prior to the undercover operation, unlike Roscoe Dixon who they did have some indication of wrong-doing.
This is when Scholl brings up a statement from the Roscoe Dixon trial where Agent Burns was asked:
"So you can't even record or operate against a public official unless there is some predication?"
During the Dixon trial, Agent Burns replied, "Yes, that is correct."
Wednesday, April 11, 2007
We're watching you
Burns says the reason the cameras were put in place was because they were sure bribes would be taking place.
Both E-Cycle locations had cameras and recording equipment set up in their offices. There was up to three cameras in the Memphis office and two in Nashville. In Memphis there was a camera located above the desk and two on the side for multiple views.
Burns says Ford was paid a series of bribe payments. The first one took place on August 19, 2004. Naturally, with all the cameras around the agents tried to get as many of the bribe payments on tape as possible -- including the August bribe.
The second bribe occurred on September 17, 2004. It too is caught on tape and entered as evidence. At this exchange, Burns says McNeil gave Ford $5000.
On October 15, 2004, Ford accepted a third bribe --again the FBI agents have it on tape and it was entered as evidence. Burns says that between the second payment in August and the third bribe, Ford did some work for them.
"We directed the uncover agent to direct Mr. Ford to amend the legislation to further benefit the undercover company," says Burns.
The amendments were made. Burns says there was language added and other parts removed.
On November 19, 2004, Ford accepted another bribe of $5000 at the Memphis E-Cycle office. This two was caught on tape.
Both E-Cycle locations had cameras and recording equipment set up in their offices. There was up to three cameras in the Memphis office and two in Nashville. In Memphis there was a camera located above the desk and two on the side for multiple views.
Burns says Ford was paid a series of bribe payments. The first one took place on August 19, 2004. Naturally, with all the cameras around the agents tried to get as many of the bribe payments on tape as possible -- including the August bribe.
The second bribe occurred on September 17, 2004. It too is caught on tape and entered as evidence. At this exchange, Burns says McNeil gave Ford $5000.
On October 15, 2004, Ford accepted a third bribe --again the FBI agents have it on tape and it was entered as evidence. Burns says that between the second payment in August and the third bribe, Ford did some work for them.
"We directed the uncover agent to direct Mr. Ford to amend the legislation to further benefit the undercover company," says Burns.
The amendments were made. Burns says there was language added and other parts removed.
On November 19, 2004, Ford accepted another bribe of $5000 at the Memphis E-Cycle office. This two was caught on tape.
Numerous recordings entered into evidence
A number of the recordings were then entered in as evidence.
Exhibit 1: Transcript
Transcript that Agent Burns prepared from conversations recorded in April.2004
Exhibit 2 and 2A:
Transcript and tape of telephone conversation that took place between John Ford and McNeil on May 20, 2004
Exhibit 3 and 3A:
Transcript and tape of telephone conversation that took place between John Ford and McNeil on May 28,2004
Exhibit 4 and 4A:
Transcript of conversation that took place in Miami, Florida between Ford and McNeil
According to Burns, the Miami Florida convesation took place on a yacht. This was social event that took place while they were there. The yacht was owened by E-Cycle to try to portray to the subjects the success of the companies.
Burns says invitations to Miami were extended to most of the subjects of the investigation but only Charles Love and John Ford actually attended.
The yacht was actually obtained through a drug trafficing operations and is used in many undercover operations.
More transcripts of Ford's secretly recorded conversations were entered into evidence. In total, they entered 65 transcripts.
Exhibit 1: Transcript
Transcript that Agent Burns prepared from conversations recorded in April.2004
Exhibit 2 and 2A:
Transcript and tape of telephone conversation that took place between John Ford and McNeil on May 20, 2004
Exhibit 3 and 3A:
Transcript and tape of telephone conversation that took place between John Ford and McNeil on May 28,2004
Exhibit 4 and 4A:
Transcript of conversation that took place in Miami, Florida between Ford and McNeil
According to Burns, the Miami Florida convesation took place on a yacht. This was social event that took place while they were there. The yacht was owened by E-Cycle to try to portray to the subjects the success of the companies.
Burns says invitations to Miami were extended to most of the subjects of the investigation but only Charles Love and John Ford actually attended.
The yacht was actually obtained through a drug trafficing operations and is used in many undercover operations.
More transcripts of Ford's secretly recorded conversations were entered into evidence. In total, they entered 65 transcripts.
The secret recordings
The secret video tapes and recordings will play a role in the evidence the jury will see during the John Ford Trial.
"They are essential to what we use to document and gather information," says Burns when asked about the recordings. "In this case we had the undercover officers wired up with cameras."
The also used video cameras that they placed on their bodies and cell phone recordings.
"The undercover agents were provided cellular phones and if they received a call from Ford or any other person under investigation, they could press a button and record the call" says Burns.
In February 2005, the FBI obtained the approval from the courts to use wire taps on Mr. Ford's phone.
After the recordings were made, they were given to Burns or another agent who would then create the evidence copy.
LC McNeil was the agent primary responsible for the case.
Burns said that it's common that one subject will lead to other subjects and the case will grow. When asked if there were subjects other than Mr. Ford, Burns responded with "yes, many".
"They are essential to what we use to document and gather information," says Burns when asked about the recordings. "In this case we had the undercover officers wired up with cameras."
The also used video cameras that they placed on their bodies and cell phone recordings.
"The undercover agents were provided cellular phones and if they received a call from Ford or any other person under investigation, they could press a button and record the call" says Burns.
In February 2005, the FBI obtained the approval from the courts to use wire taps on Mr. Ford's phone.
After the recordings were made, they were given to Burns or another agent who would then create the evidence copy.
LC McNeil was the agent primary responsible for the case.
Burns said that it's common that one subject will lead to other subjects and the case will grow. When asked if there were subjects other than Mr. Ford, Burns responded with "yes, many".
Ford's first involvement
The trick behind E-Cycle was that they had to come up with a company where the bill would never make legislation. They would need to use public corruption to get the bill passed.
Ford first became involved on April 19, 2004.
"On that day we had directed Mr. Willis to make a bribe payment to Mrs. Bowers. Mrs. Bowers was to set up a leadership dinner," says Burns.
The dinner was at Morton's steakhouse in Nashville. The FBI had no idea who Bowers was going to invite, but assumed she would have political leaders there. Ford did attend the dinner and again Burns says they had no idea that he would be attending.
During the dinner Ford met McNeil and Carson. He already knew Willis.
Burns was then asked if Ford agreed to sponsor legistlation for E-cycle. The answer was yes, but Ford did more than just agree.
"He drafted legeistlation at E-Cycle's request," says Burns.
According to Burns, Ford agreed to sponsor legislation for E-Cycle, he amended it at their direction and he filed it.
Burns also says Ford was paid ten bribe payments.
Ford first became involved on April 19, 2004.
"On that day we had directed Mr. Willis to make a bribe payment to Mrs. Bowers. Mrs. Bowers was to set up a leadership dinner," says Burns.
The dinner was at Morton's steakhouse in Nashville. The FBI had no idea who Bowers was going to invite, but assumed she would have political leaders there. Ford did attend the dinner and again Burns says they had no idea that he would be attending.
During the dinner Ford met McNeil and Carson. He already knew Willis.
Burns was then asked if Ford agreed to sponsor legistlation for E-cycle. The answer was yes, but Ford did more than just agree.
"He drafted legeistlation at E-Cycle's request," says Burns.
According to Burns, Ford agreed to sponsor legislation for E-Cycle, he amended it at their direction and he filed it.
Burns also says Ford was paid ten bribe payments.
Who is Mr. Willis?
"Extremely bad."
That was the response Agent Burns gave when asked about Mr. Willis's financial situation before agreeing to work in Operation Tennessee Waltz.
Tim Willis was the person that brought the state corruption problem to the FBI's attention. He agreed to help the FBI and his role was to introduce the undercover FBI agents to the state legislators. Willis is not an FBI agent and Timothy Willis is his real name.
"We felt it was necessary to compensate Mr. Willis for his role in the undercover investigation," said Burns.
That's because the FBI would not allow him to take other employment during the investigation. They needed him to be available so paid him $6000 a month. This way he could pay his bills on time etc.
After the undercover operation was over, Willis was relocated out of Memphis, Tennessee. He still works with the FBI to testify at hearings, to travel to Memphis, to review recordings he made during.
He's still compensated by the FBI with a fee of $3000.00 a month. Burns says this is dramatically lower to what he was paid when working undercover.
That was the response Agent Burns gave when asked about Mr. Willis's financial situation before agreeing to work in Operation Tennessee Waltz.
Tim Willis was the person that brought the state corruption problem to the FBI's attention. He agreed to help the FBI and his role was to introduce the undercover FBI agents to the state legislators. Willis is not an FBI agent and Timothy Willis is his real name.
"We felt it was necessary to compensate Mr. Willis for his role in the undercover investigation," said Burns.
That's because the FBI would not allow him to take other employment during the investigation. They needed him to be available so paid him $6000 a month. This way he could pay his bills on time etc.
After the undercover operation was over, Willis was relocated out of Memphis, Tennessee. He still works with the FBI to testify at hearings, to travel to Memphis, to review recordings he made during.
He's still compensated by the FBI with a fee of $3000.00 a month. Burns says this is dramatically lower to what he was paid when working undercover.
First Witness: FBI Agent Brian Burns
The first witness called was Brian Burns. He works for the FBI in Memphis and has been a special agent for 8-9 years.
He told the court that the investigation was implemented after they had gathered information from the field that lead them to believe there was some corruption occurring at state level.
When asked if the undercover operation was necessary, Burns responded that yes, it was.
"It allows you to create a fictious company that would be run by undercover agents," says Burns
Burns was then asked if John Ford was one of those who they thought were involved in the state corruption before the undercover operation.
"Absolutely not," says Burns.
Burns was then questioned about E-Cycle and how it worked as an undercover operation. He told them the E-Cycle headquarters were allegedly in Atlanta, GA, but they set up offices in Memphis and Nashville. They also brought in undercover agents to pose as the oweners of the company.
The two main undercover agents were Joe Caroll who played the role of Joe Carson the president of E-Cycle and LC McNeil whose role was the Vice President and co-owner of E-Cycle.
How it worked was that Carson was the money man. He was a venture capitalist who had invested in the music industry and was successful. McNeil on the other hand played the role of someone who had influence in the entertainment business.
Burns says the reason these roles were decided was because E-Cycle was a new venture. They needed a reason for both Caroll and McNeil to come together and entertainment was the way to do it. They were going to use their success in the entertainment business and apply it to the new business model of outdated computer equipment and be successfull there.
There was one other person involved.
"Timothy Willis was a subject of the initial investigation and eventually agreed to cooperate with the FBI," says Burns. "In the initial investigation, we had uncovered what we beleived was a kickback scheme."
He told the court that the investigation was implemented after they had gathered information from the field that lead them to believe there was some corruption occurring at state level.
When asked if the undercover operation was necessary, Burns responded that yes, it was.
"It allows you to create a fictious company that would be run by undercover agents," says Burns
Burns was then asked if John Ford was one of those who they thought were involved in the state corruption before the undercover operation.
"Absolutely not," says Burns.
Burns was then questioned about E-Cycle and how it worked as an undercover operation. He told them the E-Cycle headquarters were allegedly in Atlanta, GA, but they set up offices in Memphis and Nashville. They also brought in undercover agents to pose as the oweners of the company.
The two main undercover agents were Joe Caroll who played the role of Joe Carson the president of E-Cycle and LC McNeil whose role was the Vice President and co-owner of E-Cycle.
How it worked was that Carson was the money man. He was a venture capitalist who had invested in the music industry and was successful. McNeil on the other hand played the role of someone who had influence in the entertainment business.
Burns says the reason these roles were decided was because E-Cycle was a new venture. They needed a reason for both Caroll and McNeil to come together and entertainment was the way to do it. They were going to use their success in the entertainment business and apply it to the new business model of outdated computer equipment and be successfull there.
There was one other person involved.
"Timothy Willis was a subject of the initial investigation and eventually agreed to cooperate with the FBI," says Burns. "In the initial investigation, we had uncovered what we beleived was a kickback scheme."
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