- Rick Acker
- When The Devil Whistles
- When_The_Devil_Whistles_split_010.html
3
CONNOR SAT BACK IN A
CREAKY OLD WOOD AND LEATHER CHAIR AND looked out over the
view from the back porch of what his family called “the California
beach cabin.” In fact, it was a 3,100-square-foot structure that
had a part-time maid and was bigger than most nearby homes. It was
only a cabin in comparison to “the California house” east of San
Francisco, which was about twice as large.
Waves crashed on the stony shore, and
a cool Pacific breeze riffled the sea grass and whispered over his
head in the majestic redwoods dotting the lawn surrounding the
“cabin.” Two pelicans rode the breeze and watched the water just
offshore for anchovies.
Connor’s Blackberry buzzed
intermittently on the table beside him, sounding like a dyspeptic
bumblebee. He reached over and switched it to silent. He’d check
his voicemail and e-mail when he felt like it, and he didn’t feel
like it right now.
The firm wouldn’t mind his absence—the
clique of senior partners who ran Doyle & Brown cared a lot
more about seeing his contribution to the bottom line than about
seeing his face in the office. Last year he’d brought in more money
than any other partner under 40 and he was on track to do it again,
so he could safely play hooky for a couple of days if he wanted. It
was the prerogative of profitability.
Plus, he had an excuse for ignoring
the outside world. There was a mediation scheduled for next week in
the Hamilton Construction case, and he was here to get ready for
it. That meant no distractions.
He leaned over and rummaged through
his trial bag—a boxy, wheeled briefcase designed for carting large
volumes of paper between office and courtroom. He pulled out
Hamilton Construction’s opening mediation brief and started to
read.
Two months of intense scrutiny from
Max Volusca and his team of auditors would be painful for any
executive. And if the executive in question happened to run a
company as corrupt as Hamilton Construction, his suffering would be
severe. So Connor was not surprised when Hiram Hamilton and his
lawyers requested mediation.
Even so, Connor was a little surprised
by how weak the company’s brief was. It did not include even a
token protestation of innocence. It conceded up front that “a
certain amount of accidental overbilling may have occurred” and
then launched into a string of complaints about the methodology
that the government’s forensic accountants used to calculate the
amount of the overbilling.
Connor finished the brief, smiled, and
dropped it back into his bag. Any day his opponent’s main argument
was “well, we didn’t steal that much” was a good day. Even though
he was fifty yards from the ocean, he could smell the blood in the
water.
Now that he thought about it a little
more, the company’s lawyers had probably done the best they could.
During the two months since Hiram Hamilton’s witness interview, the
company had grudgingly coughed up a steady stream of damaging
documents. They had to turn over the real invoices for the Oakland
DMV contract, of course. But they didn’t know what other projects
DOJ might have dirt on, so they couldn’t stop there without risking
a few years wearing the orange jumpsuits Max Volusca had
promised.
By the time they were done, it was
clear that the company had ripped off the state of California to
the tune of at least $1.5 million—maybe as much as $5 million
depending on what kind of accounting assumptions were
used.
And they had bragged about it. Some of
their executives apparently hadn’t learned the Enron Rule: e-mail
is forever. So when Max managed to pry the e-mail archive tapes out
of the company, he and Connor found choice quotes like, “Those
morons in Sacramento don’t audit, so you’re fine as long as you
don’t do anything obvious. No $400 hammers.” Connor imagined how
that would play to a Sacramento jury and sat back with a contented
sigh.
He relaxed and watched the breakers
crash. Hamilton Construction clearly was willing to be reasonable
at the mediation. The real problem would be managing Max, but
Connor had plenty of experience at that.