Messin' with Texas

>> Montreal's soy-peddling friend to the stars battles Bush and bribery charges

by KRISTIAN GRAVENOR

Montreal millionaire Yank Barry, 53 (née Gerald Falovich), says he's glad his trial on charges of bribery, conspiracy, money laundering and fraud has finally begun this week in Houston, Texas. "I've been waiting to go to trial for three and a half years. No more excuses. Let the games begin," he says.

The charges stem from a contract Barry's company Vitapro struck with then-head of Texas prisons James Anthum "Andy" Collins in 1996. The $33-million (U.S.) deal saw Collins agree to buy a five-year supply of Vitapro's soy powder meat-replacement to feed inmates throughout Texas. Barry says he paid Collins $1,000 a day for 20 days of legitimate work lobbying other prison chiefs to buy the product. In signing the contract, Collins--who is charged with accepting a bribe--allegedly bypassed the prison board and the competitive bidding process.

Newly elected governor George W. Bush originally defended Barry's big sale but later axed it. "Bush comes into power backed heavily by Texas's biggest lobby: the cattlemen," says Barry. "Why would they want the prisons to have a $33-million contract for a meat substitute?"

Texas slapped Barry with the criminal charges after he persisted in his civil suit to recover the $33-million (U.S.) from the prison contract Bush cancelled. After two lower court judges sided with Barry's arguments, Texas State Supreme Court recently ruled against him. Barry says he's considering taking the case to the U.S. Supreme Court.

Barry proclaims his innocence on all counts. For example, the fraud charge stems from a minor clerical snafu. "They needed a Social Security number for an ID badge you wear to visit prisons," says Barry. "I'm Canadian, so I wrote my Social Insurance Number and a prison clerk added a zero on the end to make it long enough." Barry says the frivolous criminal charges have damaged his company to the tune of $75-100 million (U.S.), a sum he says he'll consider trying to recover if acquitted.

Barry, who moved to the Bahamas from Montreal two years ago, expects the case to last up to four weeks. Former Governor Richards will testify and President Bush is expected to be in Texas during the trial. Barry says his longtime friend Muhammad Ali--whose face adorns Vitapro products--has promised to attend the proceedings.

Like Ali, who once faced charges in Houston after refusing to serve in Vietnam, Barry has also had prior legal troubles. In 1985 he served 10 months on a six-year sentence for his role in a $82,000 (U.S.) extortion 14 years earlier. "I was 22 years old, I was coked out of my head and infatuated with the Mafia and got involved with the Cotroni family," he says.

In those pre-soy days, Barry was also a member of the touring version of the Kingsmen ("Louie, Louie"). He also produced several well-known commercial jingles, including one involving "two scoops of raisins." At Vitapro, stars including Guy Lafleur, Gary U.S. Bonds and Celine Dion have endorsed his high-profile food donations to poor countries.

Barry says he's thankful he's got the cash for good lawyers. "I have tremendous empathy for the little guy who gets beaten up by the government. If you don't have the wherewithal financially, they break you."