Fraud charges
In the late 1950s, the United States Department of Agriculture began
controlling the price of cotton, specifying quotas to farmers. The limited
production hurt Estes' businesses. He responded by expanding into cotton
production himself. Over the next few years he developed a massive fraud,
claiming to grow and store cotton that never existed, then using the cotton as
collateral for bank loans. During this same period he became involved in Texas
Democratic state politics and made political contributions to U.S. Senator and
later Vice President of the United States Lyndon Johnson.
On June 3, 1961, Estes' local contact at the Agricultural Stabilization and
Conservation Service, Henry Marshall, was found dead in his car with five
gunshot wounds on a remote part of his own ranch. County Sheriff Lee Farmer
attributed Marshall's death to carbon monoxide poisoning brought about from a
hose attached to the exhaust pipe of his car. The body was buried without an
autopsy. The suicide verdict was later overturned.
On April 4, 1962, Estes' accountant, George Krutilek, was found dead from carbon
monoxide poisoning. Krutilek had been questioned by the FBI about Estes the day
before.
Meanwhile, Lubbock attorney Warlick Carr, brother of future Attorney General
Waggoner Carr, filed some thirty civil suits against Estes to reclaim damages.
As a result of these deaths and an investigation into his business practices, on
April 5, 1962, Estes and several business associates were indicted by a federal
grand jury on fifty-seven counts of fraud. Estes was accused of swindling
investors, banks and the federal government of at least $24 million through
false agricultural subsidy claims on cotton production and the use of
non-existent supplies of anhydrous ammonia fertilizer as collateral for loans.
He was eventually found guilty of additional federal charges and sentenced to
fifteen years in prison.
Two of Estes' associates, Harold Orr and Coleman Wade, were also indicted but
died of carbon monoxide poisoning (apparent suicides) before they went to trial.
Estes was found guilty of fraud and sentenced to eight years in prison. Howard
Pratt, manager of a Chicago fertilizer supply company, was also found dead in
his car from an apparent carbon monoxide poisoning. There was also a half bottle
of liquor in his car; however, after testing, no alcohol was present in Howard's
body.
The high-profile case generated extensive national press coverage and was the
first topic of President John F. Kennedy's press conference on May 17, 1962. As
a result of the financial and political scandal, Kennedy apparently began to
consider dropping Johnson as his running mate in the 1964 election. The
political fallout extended to the election of Ed Foreman as a Republican to the
United States House of Representatives from west Texas in 1962. At the time, he
and Bruce Alger of Dallas were the only Texas Republican congressmen. There were
twenty-two Democrats in the national delegation. Democratic incumbent J. T.
Rutherford's ties to Estes were the main cause of his defeat. Foreman, however,
was defeated two years later in the Johnson-Humphrey landslide.
Although Estes went to prison, his conviction was later overturned by the United
States Supreme Court (Estes v. Texas, 381 U.S. 532 (1965)). His appeal hinged
upon television cameras and broadcast journalists having been allowed in the
courtroom, depriving him of a fair trial. He prevailed by a narrow 5-4 vote.
Allegations and conspiracy theories
After his release from jail and LBJ's death, Estes began making allegations
regarding Johnson. According to the authors of The Men Who Killed Kennedy, Estes
claimed to have funneled millions of dollars into Johnson's pockets from the
cotton allotment scam. Although some contributions are a matter of record,
Johnson denied the bribery charges.
The Estes case also figures prominently in the best-selling book A Texan Looks
at Lyndon: A Study in Illegitimate Power by the Texas historian J. Evetts Haley.
Estes later claimed Johnson was involved in a conspiracy to murder witnesses in
the Estes trial as part of a wider conspiracy related to the Kennedy
assassination. In 1984, Estes' lawyer, Douglas Caddy, wrote to the Department of
Justice claiming that Estes, Lyndon B. Johnson, Malcolm "Mac" Wallace, and Cliff
Carter had been involved in the murders of Henry Marshall, George Krutilek,
Harold Orr, Ike Rogers and his secretary, Coleman Wade, the president's sister
Josefa Johnson, John Kinser and John F. Kennedy. Caddy added, "Mr. Estes is
willing to testify that LBJ ordered these killings, and that he transmitted his
orders through Cliff Carter to Mac Wallace, who executed the murders."
Estes agreed to provide supporting proof to the FBI, which proffered immunity in
exchange but Estes ultimately refused to produce any evidence.
Critics suggest Estes' claims of his involvement in a wide conspiracy involving
mass murder and political assassination were motivated by the desire of a
convicted felon to deflect responsibility for his own criminal behavior and
later as a means of generating publicity for the purpose of selling a book he
had written.
Folklore
Folk-protest singer Phil Ochs wrote a song about the incident called "The Ballad
of Billie Sol." Allan Sherman performed a parody folksong (co-written with Lou
Busch): "Oh, Look What You've Done, Billie Sol, Billie Sol," as did Jesse Lee
Turner: mp3. The Chad Mitchell Trio performed "The Ides of Texas" about him as
well. More recently, Houston-based singer/songwriter David Brake wrote the song
"Swindler" about Estes and performed it with That Damn Band.