http://enn.com/news/wire-stories/2002/05/05072002/reu_47136.asp
- 5/7/2002 - ENN.com
FTC says it is turning ADM ethanol price probe over to DOJ

Tuesday, May 07, 2002

By Soo Youn, Reuters

NEW YORK - U.S. trade regulators said on Monday they will send a 
price-fixing investigation of Archer Daniels Midland and other 
producers of the gasoline additive ethanol to the Department of 
Justice, in a sign the case could turn into a criminal probe.

"After reviewing these materials, staff of the FTC's Bureau of 
Competition has transmitted them to the Antitrust Division of the 
Department of Justice," the Federal Trade Commission's General 
Counsel William Kovacic wrote in a letter to Doug Ose, the head of 
the House Subcommittee on Energy Policy, Natural Resources and 
Regulatory Affairs.

Late last month, Ose, a California Republican, introduced internal 
memoranda by ADM and other ethanol producers indicating collusion to 
set prices for alcohol originating from surplus European wine to 
finish into the gasoline additive. During the April 23 hearing, Ose 
asked the Federal Trade Commission (FTC) to investigate the 
allegations. After an initial review, the FTC turned the probe over 
to the Department of Justice, which is authorized to investigate 
criminal matters.

Ose, an opponent of an ethanol mandate passed as part of the broader 
Senate energy bill, said the transferring of the investigation 
implied illegal activity. "The fact that the FTC referred these 
documents to the Department of Justice raises a new set of concerns 
regarding criminal violations by the ethanol industry," Ose said. 
"Although the FTC and the Justice Department can both investigate 
antitrust violations, the Justice Department is primarily responsible 
for investigating criminal violations," he added.

ADM, which produces 41 percent of ethanol in the United States, has 
long touted the benefits of ethanol as a boon to U.S. farmers and 
U.S. energy security because most of the product is made from 
American corn.

However, the documents under review suggest that the company has been 
rigging bids to buy European wine alcohol before processing it into 
ethanol in the Caribbean. In doing so, the company appears to have 
benefited from advantage of subsidies both in Europe and the United 
States, Ose said.

"There still is not any allegation of impropriety regarding the sale 
of ethanol," said Larry Cunningham, the company's senior vice 
president of corporate affairs. "It has to do with purchases of wine 
alcohol in the European Union 8 or 10 years ago. We are doing 
fact-finding at ADM to determine what the facts are," Cunningham 
added.

In 1996 ADM pleaded guilty to fixing prices of two other products and 
paid a $100 million fine, and three of its executives were convicted 
of criminal charges and sent to prison.

Copyright 2002, Reuters

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