- Rick Acker
- When The Devil Whistles
- When_The_Devil_Whistles_split_036.html
29
CONNOR EASED HIMSELF
INTO HIS USUAL CHAIR IN CONFERENCE ROOM 11436 at the
California Department of Justice. Max Volusca sat on his right, a
stack of documents and an interview outline in front of him. The
witness sat across the table from Max with Carlos Alvarez at his
side. Connor was a little surprised to see him handling another
false claims case after his performance on the Hamilton
Construction lawsuit. Apparently he’d managed to spin it into a
success story. Well, Connor would be happy to help him add a
similar line to his resumé for this case.
The witness was Franklin Roh, whom
Allie had identified as the IT chief at Deep Seven. Roh looked the
part. He wore a conservative gray Brooks Brothers suit with a
burgundy tie. His shirt was so stiffly starched that it looked like
he was dressed in white cardboard. Designer glasses that would have
been stylish ten years ago hid his almond eyes. His hair was
suspiciously pure black despite the fact that he was at least
fifty.
Roh’s face was bland and
expressionless. In fact, it was almost motionless except for the
mechanical movements of his jaw as he sucked cherry cough
drops.
Max went through the preliminary
background questions with his typical speed. Roh graduated from
Seokyeong University in Seoul, South Korea, in 1976. He worked for
the Korean Ministry of National Defense for ten years before
emigrating to the United States and getting a master’s degree at
MIT. Then he worked at Microsoft for a decade. In 2005, he accepted
the position of chief information officer at Deep
Seven.
Once Max was through the
preliminaries, he reached for the top document on his stack. Connor
glanced at it, expecting to see one of the invoices Allie found.
But instead he saw half a dozen lines identifying what appeared to
be computer files.
Max handed it to Roh. “Is this an
accurate list of all the drives in Deep Seven’s computer
system?”
Roh looked at it for nearly a minute,
long enough to read it several times. “It appears to be,
yes.”
Max nodded and checked an item off his
interview outline. “And where do you keep customer billing and
payment records?”
Roh licked his lips quickly. His
tongue was brilliant red from the cough drops. “Those are, ah, in
multiple locations. I believe most are on the G
drive.”
Max jotted down a note. “Which
server?”
Again his crimson tongue darted around
his mouth. “Number three.”
Another scribble on the outline.
“Anywhere else?”
“I… I am not sure. Perhaps if you ask
someone from accounting they can—”
“Are there billing or payment records
on that encrypted server, number —” Max hunted through his notes,
but Connor kept his eyes on Roh. The man sat motionless, breathing
rapidly. Sweat rings began to form in his armpits and his cheeks
fluttered as he dissolved another cough drop in his mouth. Max
found what he wanted and looked up. “Sorry about that. Server
number four. Any customer billing or payment records
there?”
“Perhaps Korean. I mean, perhaps there
are records from a Korean client. But no government money. None.”
The words came tumbling out of Roh’s mouth, stumbling over each
other in their haste to convince Max Volusca. “So there’s nothing
for you to care about because there’s nothing government
there.”
The DAG stroked his second chin
thoughtfully and looked at Roh for several seconds. Then he glanced
down at his outline. “How often does Deep Seven back up its
servers, and where do you keep the backup tapes?”
Max then launched into a long series
of questions about Deep Seven’s computer infrastructure. For some
reason, he seemed to be trying to establish that CBI had seized
every accounting database at Deep Seven. Roh recovered his
composure after a few minutes, and soon Connor had to take notes to
keep his mind from drifting. Come on, Max. Why
are you screwing around with this stuff?
Finally, Max pulled an invoice out of
the stack of documents in front of him. Connor glanced over and
recognized it as one of the ones Allie had found. Connor perked up
and made a conscious effort not to smile.
The DAG handed it to Roh. “Do you
recognize this document, Mr. Roh?”
Roh studied it for several seconds.
“This appears to be one of our invoices.”
“An invoice to the state of
California, correct?”
“Yes, the Department of Water
Resources.”
“Is the invoice
accurate?”
“I assume so.”
Max arched his eyebrows. “Do you
really? Well, if you wanted to check on whether it was accurate,
what would you do?”
Roh smiled and swept his ruby tongue
over his upper lip. “I would ask someone from
accounting.”
“Okay, assume they’re all out at
lunch. Every one of them. And you need to know right now. What
would you do?”
“I can’t imagine that happening. But
if it did, I suppose I would look at the other, ah, materials in
the customer file.”
“Materials like this?” Max tossed
three pages of billing detail record across the table.
Roh glanced at them and held them up
against the invoice. “Yes.”
“And this?” Max handed him the
smoking-gun Excel spreadsheet.
“Yes.” He picked up the billing detail
and began comparing it to the spreadsheet. “I—these numbers don’t,
ah, they don’t appear to match.”
Alvarez leaned over and whispered to
his client. Max folded his arms and watched with a satisfied look
on his face.
Connor couldn’t hear what Alvarez and
Roh were saying, but they didn’t look happy. Roh kept studying the
documents, as if he could somehow make the fraud go away if he
looked at the numbers hard enough. Alvarez knew better and sat
back, his face flushed and grim.
Losing sucks,
doesn’t it, Carlos? Connor felt a little sorry for his
opponent, but not much. Carlos Alvarez was smart and very
competitive, but he played by the rules and was a decent guy
outside the courtroom. Connor appreciated that. There were other
lawyers he’d rather see take sucker punches from Max
Volusca.
But Alvarez had it coming. He was a
good lawyer, but he didn’t stick to representing good people. The
wicked lay snares for their own feet, and if Alvarez wanted to walk
with the wicked, he’d get caught with them too.
Roh finally looked up with a light of
dawning comprehension in his face. “This is why you are
investigating us?”
“I ask the questions here,” Max
replied. “And I’m asking why the numbers on that spreadsheet don’t
match the numbers on the bill your company sent.”
“I cannot imagine how this could have
happened.”
Max snorted. “I can.”
Alvarez’s face reddened under his
immaculate silver hair, but Roh hardly seemed to notice the DAG’s
sarcasm. “No, I mean I don’t understand the technicalities. The
computer procedures. The invoices are generated directly from the
spreadsheet. Someone would have to go in and manually alter the
invoices after they were generated.”
“So you’re saying this couldn’t have
happened by accident?” Roh turned toward Alvarez
again.
“Answer the question first!” Max
boomed.
“Can I talk with my
attorney?”
“Not while there’s a question
pending.”
Alvarez looked as though he had just
swallowed something sour. “I’m afraid that’s how the rules work,
Franklin.”
Roh dropped his eyes to the documents
and slowly shook his head. “I cannot think of… of an accidental
scenario.”
Bingo!
After that little admission, Connor had trouble imagining what Deep
Seven’s defense would be. This case was going to settle faster than
he had anticipated.
Max smiled. “Okay, now you can talk to your lawyer.”
Alvarez and Roh left the conference
room, and Connor turned to Max. “Nice work. So, when are you guys
going to intervene?”
Max glanced out the conference room
window. “Yeah, we need to talk about that.”
“What do you—” The door opened and
Connor broke off in mid-sentence.
Alvarez and Roh resumed their seats.
Alvarez nodded. “Go ahead, Max.”
“Okay. I’ve only got one question
left.” The DAG shoved a small stack of paper across the table. “Can
you think of an accidental scenario for these invoices and
spreadsheets?”
Roh looked at the documents for
several minutes. Then he sighed and shrugged. “As I am sitting here
today, I cannot think of such a scenario.”
Max checked the last item off of his
outline. “All right. That’s all I’ve got. Thanks for coming in
today.”
They all stood and the lawyers began
to pack up their notebooks, pens, and other paraphernalia. Unlike
last time, Alvarez made no effort to take any of the documents Max
had shown to his client.
Roh cleared his throat. “Excuse me,
Mr. Volusca. Now that the interview is over, may I ask a
question?”
Max shrugged. “Sure. Go
ahead.”
“When can we have our computer
equipment back? It is inconvenient to use our backup
servers.”
The restrained eagerness in Roh’s
voice made Connor look up. The man’s face wore an unmoving and
carefully casual smile. But his knuckles were white as he dug his
fingers deep into the chair in front of him.
“Tough to say,” Max replied. “We
should be done with the investigation soon. Maybe a couple of
weeks.”
Roh nodded sharply and his smile
looked more genuine. “Ah, very good. Thank you.”
Once Roh and Alvarez were gone, Connor
turned to Max. “That went about as well as could be expected.
Weird, but well.”
“Uh, yeah.” He paused and took a deep
breath. “Listen, I appreciate all the cases you and Allie bring in.
You’ve brought us a lot of winners over the years, but this isn’t
one of them. I’m going to recommend against
intervention.”
Connor sat in stunned silence. He’d
figured out that something was bothering Max, but he would never
have guessed this. “Max, I don’t get it. Why? You saw how he
reacted to those invoices.”
“Yeah, but those are the only ones we
found. That’s what— twenty thousand? Not worth fighting
over.”
“That’s it? You’ve looked at all the
invoices and those three are the only bad ones?”
Max nodded. “We sent a team of
auditors through every one of those databases.” He pointed at the
invoices on the table. “Those are the only fraudulent
ones.”
Connor shook his head. “That doesn’t
make sense. This isn’t a twenty-thousand-dollar case. No one hires
Carlos Alvarez to solve a twenty-thousand-dollar problem. And did
you see Roh? Your investigation scares the snot out of him. He’s
hiding something big.”
Max pressed his lips together and
tapped his pen against his notebook for several seconds before
responding. “Yeah, I did notice that.”
“And what about those witnesses I
talked to? It was like I was talking to ex-mafia types and asking
them about the mob.”
Max arched his bushy eyebrows. “Maybe
they were masons or Nazis.”
“That was one guy, and his grandson
did disappear. And he was right about
that server four.”
“All true.”
“So you’ve got to keep digging.”
Max reddened slightly. “No, I don’t.
Not unless this company is stealing from the great state of
California.”
“So you’re going to drop it?
Seriously?”
“Yes, I am. In case you forgot, I work
in the False Claims Unit.” Max’s face darkened further as he spoke
and his voice rose. “We prosecute false claims cases. Big cases.
Cases that are worth spending the taxpayers’ money on. This isn’t
one of those cases, Connor. If you want to go after these guys on
your own, be my guest. And if you think there’s something criminal
going on, call the cops.”
“But don’t call you.”
“Not unless you find a lot more stolen
state money.”
Connor bit back an angry retort. “Come
on, Max. This is the Department of Justice, not the Department of
Finance, right?”
“Yeah, but it’s also not the
Department of Running Down Connor Norman’s Hunches That Something
Funky Is Going On.”
Connor held his tongue between his
teeth and counted to ten. “Thanks for your time, Max.”