The Agribusiness Examiner

January 4, 2004, Issue #315

Revisiting ADM's Corn Gluten Feed Scandal Raises "Mad Cow" Disease 
Feed Questions

Reprinted from Issue #102, January 19, 2001

In light of the recent Food and Drug Administration's report that a 
large numbers of companies involved in manufacturing animal feed are 
not complying with regulations meant to prevent the emergence of the 
dreaded "mad cow" disease a little noticed story that emerged during 
the Archer Daniels Midland lysine price-fixing scandal takes on added 
significance.

When Mark Whitacre, who served as a corporate mole for the FBI and 
brought the Department of Justice's attention to the scandal, was 
interviewed by FBI agents Michael D. Bassett and Anthony P. D'Angelo 
in a September 5, 1999 meeting, following the Department's procedure 
the agents prepared an FBI-302 dictated the following day and 
transcribed on September 7, totaling 16 pages. On page 15 the agents 
wrote:

"Whitacre advised that ADM has illegally disposed of genetic 
organisms by adding the organisms to corn glutten feed. The organisms 
are in liquid form and are sprayed on the corn glutten feed rather 
than disposed of as required by the Environmental Protection Agency 
(EPA). The liquid spray also added weight to the feed. Whitacre 
advised that Jerry Weigel and Jim Randall oversee this activity." 
Weigel was ADM's head nutritionist at ADM Biochem and Randall was the 
corporate president and overseer of plant process and operations.

No action, however, has been taken on Whitacre's revelation. In an 
October 15, 1999 letter from David Hoech, founder of the ADM 
Stockholder's Watch Committee, to U.S. Attorney General Janet Reno, 
the company stockholder activist expresses shock that the Department 
of Justice had chosen "to overlook" such activities "leaving the 
Andreas crime boss, Dwayne [Dwayne O. Andreas, the then CEO and 
chairman of ADM's board], intact to continue to destroy American 
agriculture."

"The creed of greed of the Andreas crime family," Hoech charged, 
"found it more economical to export the poisonous waste rather than 
build a treatment facility."

Hoech called Reno's attention to the remarks of a French farmer 
Philippe Huesele, a member of the Agro-Brie-Champagne farmer's 
cooperative in northeastern France. On a summer tour of the Central 
Illinois farm belt  Huesele remarked that the European public still 
equates traditional farming practices with quality, largely because 
of "mad cow" disease among British cattle herds several years ago. 
The Europeans blame American feed for the disease, he said. They 
mistrust large corporations.

It was the British scientists who isolated animal feed contaminated 
with meat and bone meal from cattle and other slaughtered animals as 
the probable cause for BSE (bovine spongiform encephalopathies or 
"mad cow" disease) and hypothesized that humans who ate contaminated 
meat had contracted the fatal CJD (Creutzfeldt Jakob Disease --- 
BSE's human equivalent).

"As a shareholder and American citizen," Hoech's letter continues, "I 
demand to know why the public safety is compromised to protect the 
Andreas crime family. Our overseas' customers don't trust our 
regulatory departments in this administration and most of all don't 
trust the Justice Department who lets corporate criminals such as ADM 
run amok destroying what took our ancestors decades to build."

"Do we know that ADM feed shipped to Europe caused the `mad-cow' 
disease?" the letter asks. "No, we don't, but the Europeans said it 
was caused by feed containing a prion. The genetic organisms mixed 
with the feed is a dead protein which is a prion that was found in 
all the feed which the diseased cows consumed."

A prion (pronounced PREE-on) is a deformed protein identified by 
biologist Stanley Prusiner as the likely infectious agent responsible 
for causing and transmitting transmissible spongiform 
encephalopathies (BSE) . The word "prion" is a hybrid of "protein" 
and "infectious."

In a subsequent law suit filed by a Missouri farmer Rodger Moberly 
and several other Missouri cattlemen the focus was on a substance 
known as free gossypol, which is derived from crushing cottonseed and 
used in ADM's animal feed known as 39% Protein Quanah Special. As 
Nicholas E. Hollis, President of the Agribusiness Council (ABC) 
explains, "free gossypol can be toxic to calves and even larger 
cattle if ingested in sufficient qualities. Often gossypol sickens an 
animal slowing down its ability to gain weight."

The plaintiff's claims were enhanced by an affidavit from Whitacre, 
ADM's former head of its BioProducts Division,  who stated that ADM 
knew about free gossypol's effects and intentionally sold it to 
enhance profits. The affidavit also repeated the charge concerning 
ADM's spraying biomass residues on its corn glutten feed.

Knowing that these charges would constitute serious fraud if proven 
the plaintiff's lawyers were prepared to depose CEO Andreas, his son 
Michael and James Randall, who was the company's president. In ADM's 
lysine price fixing case the government granted immunity to both 
Dwayne Andreas and Randall. In the Missouri suit ADM, however, 
decided to avoid such a confrontation and settled out of court, 
offering the plaintiff $105,000 --- roughly double the amount 
initially requested.

Interestingly in the preparing of the Missouri case ADM called upon 
experts from the nearby University of Illinois to challenge the 
plaintiffs veterinarians who had treated the dying animals. As Hollis 
points out, ADM over the years had funneled millions of dollars in 
grants to the university's College of Agriculture.

"Truth can be difficult to tease out strand by strand in these 
cases," Hollis adds, "but ADM's credibility plunged when its top 
nutritionist `Dr.' Gerrald Weigel , lied about his academic 
credentials under oath --- he had no Ph. D."

Oklahoma State University toxicologist Dr. Sandra Morgan has noted 
concern for gossypol as a potential sterility agent in an article 
which also states "there is concern for the effects of gossypol on 
humans because gossypol is a biologically active compound and because 
gossypol in the food chain may ultimately lead to its consumption by 
humans."

"If we are to regain confidence in the overwhelming majority of our 
food companies and their honest suppliers," Hollis adds, "isn't it 
time we stop ignoring the lessons of Moberly v. ADM and get the truth 
out about the Supermarkup to the World?"

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