- Rick Acker
- When The Devil Whistles
- When_The_Devil_Whistles_split_076.html
69
IN SOME WAYS,
CONNOR’S
LIFE HAD GONE BACK TO NORMAL IN THE WEEKS since a nurse
wheeled him out of the hospital. Reporters no longer called every
hour. The CIA and FBI had questioned him to their hearts’ content.
He was back at work, and he even had a new false claims case that
Max liked.
But there were big differences too.
The biggest was that he now worked for the Law Offices of Connor
Norman. After a wave of positive press coverage turned him back
into an asset, Doyle & Brown’s ExComm had dispatched Tom
Concannon to try to lure Connor back to the firm. Did he want a
corner office? An increased share of firm profits? How about a
written guarantee that he would never be asked to take a case that
made him uncomfortable?
Connor had turned Tom down as
diplomatically as possible. He had no desire to burn a bridge with
a powerful firm like D&B but also no desire to walk back over
it. A few months ago, he couldn’t have imagined leaving the firm.
Now he couldn’t imagine going back, no matter what they offered
him. The easy alliance between profit and principle that had
characterized his career at the firm could never be rebuilt—at
least not at Doyle & Brown. As he told Bill Fisher and Tom at
Slanted Door, he had made a choice. And he did not regret
it.
Not all the changes were positive.
Connor’s left leg was still in a walking cast that wouldn’t come
off for weeks. Worse, the White Knight
was still on the bottom of the San Francisco Bay and would cost
hundreds of thousands of dollars to repair once it was raised. But
those were both temporary problems, and he couldn’t let them
distract him from the task at hand.
He focused himself on the meeting that
had just started. He sat in his usual chair in conference room
11436 at DOJ, his foot resting on an empty chair. Max Volusca sat
beside him with a tall stack of documents, questioning a hapless
executive.
Today’s lucky CEO was Sanford “Sandy”
Allen of Blue Sea Technology. At Connor’s suggestion, Allen had
received a letter—not a subpoena—from Max inviting him to meet with
DOJ about “irregularities in the bidding for the Golden Gate
turbine project.” Blue Sea’s general counsel had written back that
“Mr. Allen would be happy to discuss what he knows about Deep Seven
Maritime Engineering.”
The general counsel was a former
tugboat captain named Alex McDonnell who picked up a law degree in
night school. Connor suspected he knew more about practical
admiralty law than he did about responding to government
investigations, but he had been perceptive enough to look
uncomfortable when he discovered Connor, a court reporter, and a
videographer waiting in the conference room. And he had looked
downright disturbed when Max put Allen under oath. Allen, however,
seemed not to notice that anything was amiss.
The DAG wasted no time. “Thanks for
coming in today, Mr. Allen. I’ll get right to the point. As you
know, we’re investigating allegations of fraud in the Golden Gate
turbine project.”
“Good, good. I’m glad to hear it.”
Allen shook his snowy head with concern. “It’s terrible what
happened.”
“What exactly happened, to your
knowledge?”
Allen cocked his head to the side, as
if he didn’t quite understand the question. “Why, it was all over
the news. It came out that Deep Seven was killing people and
working with terrorists.”
Max frowned. “Let me try again. What
exactly happened, to your knowledge?
How did the investigation of Deep Seven start? Did you or your
company play a role in that?”
Allen smiled like a modest grandfather
whose grandchild has just been praised. “We may have played some
small role. I’ve heard that one of our former temporary employees
helped uncover Deep Seven’s crimes. As for me personally, I
encouraged her to look around if she ever took a job at Deep
Seven.”
Max leaned back and folded his
tree-trunk arms atop his massive stomach. “Did you give that advice
to all your temps?”
Allen’s smile faltered. “Ah,
no.”
“So why did you say that to this
temp?”
“I… I’m not sure exactly why. She
seemed curious.”
“She wasn’t the only one, was
she?”
“Excuse me?”
“You were curious about her, weren’t
you?”
“I don’t know what you
mean.”
Max snorted. “Yes, you
do!”
Blue Sea’s general counsel gave Max a
stern look. “Counsel, please don’t badger the
witness.”
Max ignored him. “Is it Blue Sea’s
practice to have a private investigator do a report on every temp
they hire?”
Allen sat frozen. “A
report?”
Max plucked a document out of the pile
in front of him and slid it across the table. “A report like this
one. Is that standard practice at Blue Sea?” He handed a copy to
the court reporter. “Exhibit one.”
Allen went pale. “Where did you get
this?”
Max’s face darkened. “Answer my
question!”
Allen looked to his lawyer. “I thought
we were here to talk about Deep Seven.”
McDonnell nodded. “That’s right. We’re
here voluntarily. You don’t have to answer any questions you don’t
want to.” He looked at Max and thrust out his chin. He was a big
man. Not as big as Max, but he looked like he’d been in more bar
fights.
Connor turned to Max, waiting for the
inevitable explosion—but Max didn’t explode. Instead he lifted
another document off his stack of paper and flipped it across the
table into Allen’s lap. “All right, you’ve just been served with a
subpoena. Answer my question or go to jail.”
Max was taking a calculated risk. In
reality, refusing to answer his questions—even if asked pursuant to
a subpoena—wouldn’t result in jail time unless Max got a court
order enforcing the subpoena, Allen ignored the court order, and
the court held Allen in contempt. But there was a good chance that
McDonnell didn’t know how the process worked.
McDonnell took the subpoena from his
client and looked at it for a moment. Then he glared at Max. “This
is dirty pool.”
Now Max exploded. “You want to know
what’s really dirty pool?” he boomed.
“Blackmailing temps to plant false evidence at a competing bidder
to get their bid disqualified!”
Allen and McDonnell both jumped to
their feet. “That’s a lie!” shouted Allen. “We never did anything
like that!”
Max stood and shoved a finger in
Allen’s face. “Be careful, buddy!” he bellowed in a voice that made
Connor’s teeth rattle. “Perjury is a felony, and you’re under
oath!” He dialed it back a few decibels. “But I’m a nice guy, so
I’ll give you another chance: did you or anyone else at Blue Sea
blackmail Allison Whitman in order to get her to plant evidence at
Deep Seven so that their bid would be disqualified?”
Allen looked at the stack of paper in
front of the DAG, as if wondering what else might be in there.
“Don’t I have the right to remain silent?”
Max sat down and leaned back, making
his chair groan. “Only if your answer might implicate you in a
crime.”
Allen’s eyes stayed on the pile of
documents. “I think I’ll remain silent.”
Connor wanted to let out a whoop of
triumph. Exercising the right to remain silent couldn’t be used
against Allen in a criminal case, but
in a civil case (such as a false claims
case) it was fair game. Allen had just done the next best thing to
admitting guilt. All that was left to talk about was
money.
Max flipped through his notes. “All
right. Well, if you’re going to invoke the Fifth Amendment rights,
I guess we’re done for today.”
Allen and McDonnell walked out as the
court reporter and videographer began to pack up. They left a few
minutes later.
Once they were alone, Connor stuck out
his hand. “Nicely played, Max. They’re dead men walking after
Allen’s performance today.”
Max shook the proffered hand. “Thanks.
Looks like Allie brought us another winner.” He paused and looked
Connor in the eye. “Might be the last one for a while,
huh?”
Connor let out a sigh. “Yeah. The DA
in Kansas is taking a really hard line. He wants her to testify
against her ex-boyfriend next week and
do at least a year in prison.”
Max shoved his stack of paper—most of
which was blank sheets intended to make the pile look bigger—into a
box. “Can’t say I’m surprised. DAs get elected for being tough on
crime, especially crimes that get kids killed.”
“I know. I thought they might be more
reasonable because she came forward voluntarily and she’s a hero
for what she did out here.”
Max scratched his jowls. “That earned
her a get-out-of-jail-free card with our office, but we were only
looking at stuff like perjury and obstruction of justice charges.
Not murder or manslaughter.”
Connor nodded. “Yeah, I see the
difference. So does she. But a felony guilty plea, a year in jail,
and a lifetime as an ex-con? There’s got to be another way.” He
clicked his tongue and shook his head. “A year is a long time
though.”