Vivian Laaning Ch. 63

The morning after her wedding, Vivian woke up in the Quality Inn with four sleeping partners dog piled against and on her. She extracted herself from the pile to shower and brush her teeth. She got Erica to drive her back to the farm where her own car was parked. Thereupon, she drove to Chicago alone, and arrived directly at the Metropolitan Corrections Center (MCC) in early afternoon. During her drive, she had lots of competing thoughts to contemplate.

Foremost on her mind was how did this all happen? Since, Felicia in essence was the instigator of her meeting Sam, he obviously was under no suspicions by the Baxters six months ago, And yet, the FBI agent had indicated the embezzlement was ongoing for the past twelve years. As little as four weeks ago, the company had Okayed Sam's honeymoon plans in conjunction with his assignment to travel to Italy. Up to the time of Sam's arrest there had been no indication from Baxter & Sons, that Sam's trip was canceled, and or a substitute official was directed to go in his place. As the pending contract was very important to both, between Baxter & Sons and with the Italian company, presumably the business meeting in Florence was still on.

Vivian had to believe that for the FBI to arrest Sam, they must have conducted a reasonably extensive investigation, considering the seriousness of the charges. Vivian had personally contacted Jed prior to sending out the wedding invitations. She explained why she couldn't invite him, although personally she would have dearly loved him to be there. Jed was gracious enough to understand her predicament. He wished her well and assured her that as far as he was concerned, she was marrying a very fine man. He also indicated he would send a wedding present anyway. Vivian had noticed at the reception that amongst the wedding gifts on display, was an expensive 40 piece china set, from Jed. Clearly Jed Baxter had been unaware of Sam's alleged embezzlement and certainly not until very recently if in fact he even knew now.

As Vivian had left the Laaning farmhouse around 09:30 AM, she arrived at the MCC around 1:30 PM. Before seeing Sam, the prison officials were able to give her a copy of the twelve count indictment and advised her that Sam's first appearance would be Tuesday morning. Each count represented the alleged embezzlement in a particular fiscal year, making twelve years in total. Vivian was absolutely shocked at the total amount of the alleged funds exceeded $120 million.

During her affair with Jed Baxter, Vivian was fully aware that Jed was one of the wealthiest men in the world based on his holdings with his company, Baxter & Sons. She of course did not know the extent of the wealth, but it must be more than she could have imagined. Apparently, Baxter & Sons corporate worth was so substantial, that the company and Jed did not detect the loss of $120 million dollars, albeit the loss was spread over twelve years.

However, what really stunned Vivian was Sam's apparent greediness. If the criminal indictments were true and accurate, it meant that Sam had averaged embezzling $10 million dollars per year for twelve years. Thus, he had amassed $60 million six years ago. Why the hell had he not quit then? One can live in luxury forever off $60 million. And considering that his embezzlement had just been discovered, it follows that had he quit Baxter & Sons six years ago, his crime would never have been noticed.

This caused Vivian to wonder how much money did Sam need? Or better yet how much did he feel he needed? What kind of a man had she married, who is the father of her unborn child? These were personal questions that eventually must be delved into. However, the most pressing problem at the moment was his legal jeopardy, and Vivian knew she had to set her emotions aside if she was going to be of any help to Sam. Consequently, when she was finally able to talk to Sam in the jail interview room, she said, "Sam I have a million questions to ask about what you have done, and what are our plans going to be. Obviously, our trip to Florence is canceled."

Sam laughed at Vivian's ghoulish remark. But he realized this was Vivian's attempt to stop him from falling into despair. So, he appreciated her efforts, which made him love her more. So, he replied also for the purpose of lessening the gloom, "It's no great loss, I can do without touring Italy. Besides, since you can speak German and Estonian perhaps, we can later plan a trip to those countries instead."

Vivian was encouraged that Sam was still thinking as a couple and expecting some good outcome for the future. So, she replied, "Let me start by citing some general legal principles to help us plan our strategy. First of all, as your wife I cannot be compelled to testify against you, not that I know anything incriminating that would harm you. More importantly as you realize, I've taken it upon myself to represent you legally, and I trust you have no objection."

"Oh no. I have no objection whatsoever."

"Good! I intend to act as your lawyer for your court appearance on Tuesday. After that I would like to try to get one of the top criminal law attorneys in our firm to take over. But I'm not sure that can be arranged since our firm does represent Jed Baxter and Baxter & Sons. I imagine that the partners of the firm would not allow it on the basis of a perceived conflict of interest. Besides they sure as hell wouldn't want to piss off Jed Baxter."

Sam interrupted and said, "Don't you fret any honey. I want and insist that you be my lawyer. Besides I think you'll go easy on your fees."

Ignoring Sam's attempt at humor Vivian pressed on to consider the matter soberly, "But Sam although I do practice criminal law exclusively, still I have little more than three years' experience. There are excellent criminal law lawyers outside our firm with twenty-five or more years' experience, who would be more competent than me. And you should be aware of this adage, that is attributed to President Lincoln: 'A lawyer who represents himself has a fool for a client'."

Sam retorted, "Hogwash! First of all honey, you are not representing yourself, but me. I may be a fool but not in the sense that President Lincoln meant it. I know what a sharp mind you have. Why you deciphered what I would say was a sophisticated encryption in the form of my wedding proposal, which I daresay not too many of your more experienced lawyers would succeed. I know enough about the law from what you've told me, that if you don't know something, you know exactly how to get yourself informed promptly. With your personal committed interest in me, you would be motivated to go more than just the extra mile to securing the most favorable outcome for me. So, I have absolute confidence in you, and I will not entertain any suggestion of having another lawyer represent me."

"Fair enough. So let me give you my standard spiel I tell to all my clients. First of all, in a lawyer client relationship there exists an absolute privilege of confidentiality. You can tell me anything in confidence without any fear of exposure. Not only can the prosecutor not demand what you've told me, but I'm actually legally prohibited from disclosing any and all information revealed to me, without your explicit permission. The one exception to the privilege is, that if you tell me you are about to commit a crime, in which case I must inform the authorities of your criminal intention; so please don't tell me of any crime you intend to carry out."

"OK! I won't."

"Next you are familiar with the maxim: everyone is presumed innocent unless proven guilty. What that actually means is that you can't be convicted of a crime unless the prosecutor can prove you have committed the crime beyond a reasonable doubt. Therefore, it is irrelevant to me as your lawyer whether you committed the crimes you are accused of. Of course, as your wife this is of great concern to me, but that will be under discussion at a different time.

"There are ubiquitous scenes presented in television and in movies where an accused person pleads with his lawyer that he is innocent and implores the lawyer to believe in him. Presumably there is an implied presumption that the lawyer will work harder if he truly believes his client is innocent. That implication is just not true in real life.

"As your lawyer I'm entitled to know all the evidence the prosecutors have that they rely on to convict you. Naturally, I will go over this evidence with a fine toothpick with your input, and no doubt I'll need to go over it with an accountant. If we detect any flaws in the evidence, if there is anything exculpatory in the evidence or if there is anything that will mitigate your actions, then we will risk going to trial.

"If however, the prosecutors' case is ironclad and there is no possibility whatsoever of getting you acquitted, then it's sensible that we strike up some kind of plea deal."

Sam asked, "How much time you think I'll get?"

"Considering the amount of monies involved and the publicity this case is bound to attract, not just in Chicago but throughout the US, as well as internationally, I would imagine the US attorney will demand a sentence of at least twenty years if not twenty-five."

"Ouch!"

"Not to worry Sam dear. I'm confident of my negotiating skill, that I can get us a good deal. I'm thinking in the best case scenario that you could be out in time to see our daughter entering grade school. The very worst case scenario would still allow you to see our daughter graduate from college, and you will be able to give our daughter away at her wedding."

As Sam looked at her quizzically, she continued, "That's right Sam, our child is going to be a girl. I had an ultrasound appointment with Dr Barrett, Thursday and I wanted to deliver the news on our wedding night. But things obviously got in the way. Are you pleased Sam? Or was your heart set on a boy?"

"Listen Vivian, I'm pleased that I'm going to become a father, no matter whether it is a boy or a girl. Besides as I'm married to my gorgeous lawyer, those facts will go a long way to take away the sting of my incarceration. You will stay married to me will you Vivian? However, I know I have no right to make such a demand."

"Of course my hunny bun, I'll stay married to you. I have no desire to seek another husband. However, I do admit I won't be celibate, but I expect I'll confine my extramarital sex to orgies at the TLR. Rest assured I'll utilize all my resources to ensure the maximum number of conjugal visits allowed by the prison you end up at. Who knows, maybe when you get out, there may very well be a passel of kids to welcome you back home. I'll probably forget to use birth control measures when I make those conjugal visits."

"My god Vivian! You're starting to make me to even look forward to going to jail, since I can envision the paradise that will be available when I finally emerge from the repercussions of my dark past."

Vivian was pleased that she was able to buck up Sam's spirits, as in turn it had the effect of lessening her own despair. She could now foresee a brighter future after all, despite the horror of seeing her newly wedded husband hauled off to jail facing very serious criminal charges. So, she returned the conversation to the practical matters immediately facing them. She said, "I'm not very religious, and seldom attend church services, but I do ascribe to one Christian dogma that God does not place a heavier burden on you from which you cannot bear or overcome. So, we will get through this crisis.

"I'm going to see if I can make an appointment to see the US attorney handling your case or at the very least talk to him or her on the phone, in preparation for Tuesday's arraignment and bail hearing. Now I'm going to need some money. As you succinctly put it my fees will be low, but I do need money to pay expenses which I'll have to incur in order to provide you the best legal defense possible."

Sam pondered for a moment at Vivian's request before he replied, "As far as I know the FBI has not raided or searched my apartment as of yet. But perhaps they will tomorrow. So, if you have a pen and paper handy, I'll give you my username and passwords, for the internet web sites for the three banks of which I have checking accounts in Chicago. So why don't you go to my apartment right now and find out the balances on each of my accounts. Then come back here with my check books so I can write checks payable to you to clear out these accounts. Then I suggest you cash the checks tomorrow morning and transfer them to your account.

"The check books you'll find in the drawer of my computer desk. Also in that drawer, you'll find an envelope marked 'PO Box' on the outside, and inside you'll find a key to my PO Box at the Randolph Street Post Office. So grab that key as well. In the PO box you will find a detailed encrypted letter of numbers and letters using the same formula as my proposal letter, with the exceptions that it's just utilizes the 50 states: no province of Canada, or EESTI or Puerto Rico. The letters used will represented A=1, B=2 and so on till J=0, and will apply whichever order of states is to be used for deciphering the text. The letter locates all the bank accounts I have in Switzerland, Monaco, The Bahamas and the Cayman Islands. There is another envelope in the PO Box containing keys to the safety boxes in those various banks."

Vivian complied with Sam's instructions. She went to Sam's apartment and secured the documents. She discovered by perusing the websites for Sam's bank accounts that there were about $170K total in the three accounts. She also gathered some of Sam's clothes. She returned to the MCC and got Sam to endorse the three checks. At that time, Sam suggested that she ought to draw up a Power of Attorney so that she could act on his behalf with regards to any monies held in the foreign banks. As she left the jail for the second time, she advised him that after conferring with the US attorney, she would see Sam the next night prior to Tuesday's court appearance to update him on the case, and she would bring the Power of Attorney for his signature. She suggested that they set aside discussing their personal interests and plans, once the legal troubles were more settled.

The next morning, she attended each bank and had them prepare and give her a bank draft in the amount of the check so that she had money on hand should the FBI subsequently freeze the bank account. She also fetched the contents from Sam's PO Box from the post office. She also prepared the Power of Attorney for Sam to execute. Then she contacted the US Attorney's office for the northern District of Illinois and was able to secure an appointment at 3:30 that afternoon to discuss Sam's case with the attorney handling the case. In discussions with the US attorney, she introduced herself with her maiden name without divulging that she was actually married to Sam.

In the interview, Vivian learned that the latest annual audit of Baxter & Sons was released by the firm's accountants, Price, Waterhouse, with a clean opinion. Jed Baxter was not satisfied with that assessment, and so he engaged the services of a Vera Starikovich, acknowledged as the best forensics accountant in Chicago. After an exhaustive investigation, Ms Starikovich was able to discover, and pinpoint the details of the embezzlement scheme carried out by Sam, which had escaped notice by the company's auditors for the past twelve years. She turned over her findings to the FBI, and in consultation with FBI accountants, they were able to establish a coherent and credible evidence to: (a) prove that Baxter & Sons were embezzled to a tune of $120 million over the course of twelve years, and (b), Sam Crawford and only he was the embezzler.

In addition, Ms Starikovich was able to trace the majority of the monies stolen to bank accounts in the Cayman Islands, and in The Bahamas. Apparently, the total balances in these accounts were around $90 million, and the US Attorney's office was able to get an international finalized agreement to freeze these accounts, pending the outcome of the criminal proceedings against Sam. In addition, the US Attorney's office that morning obtained a warrant to search Sam's residence. The warrant was exercised by the FBI, that afternoon. His computer and other pertinent documents were seized.

Duane Oliver, the US attorney handling the case indicated that in light of the fact that there are still some embezzled funds missing he would be fighting bail at the next day's court hearing. Vivian could understand Oliver's position, and knew she had to prepare a persuasive rebuttal. It sure was not palatable news to convey to Sam. At least Ms Starikovich's investigations did not uncover the existence of Sam's bank accounts in Europe, and so they seemed safe from seizure.

When Vivian saw Sam that night after her visit with the US Attorney's office, he took the news about the possibility of denial of bail with equanimity. Already during his incarceration, he had come to grips with the realization that he was caught and would be spending some time in prison. So, he asked, "If I'm found guilty and sentenced prison time, would the time I had spent in jail awaiting trial be counted against the sentence?"

"Technically, the Judge is not obliged to reduce or recognize the time you spent in jail awaiting trial. However practically speaking, Judges almost always take into account the time spent in determining the length of the sentence, especially if you spend significant time awaiting trial. Of course, the danger is that if we do go to trial, and you are found not guilty, then you would have spent time in jail for nothing, which can never be recompensed to you."

"What are my chances of getting off?"

"Well at first blush it's not looking good from what I've seen. But I haven't gone over the evidence with a fine tooth comb. And as I said yesterday, I'm going to engage an excellent accountant I know of, to help determine if there is anything in the prosecution's evidence that we can attack or demolish. And then there is the preliminary hearing before trial wherein we'll get a better scope of understanding the case against you. At that time I can give a more realistic opinion of what are your chances."

"Fair enough. I guess it is a good thing they haven't unearth my Swiss and Monaco bank accounts, which contains a substantial amount of monies. I can assure you that the only references to my foreign bank accounts are in those envelopes in my PO Box. All correspondence with all those banks went through that PO Box, and I always destroyed such communications after dealing with them. And the only reference of this PO Box in my apartment was the envelope containing the key. I couldn't disguise my domestic bank accounts, but I'm glad you were able to get the monies before the FBI search. Will you be able to hold on to those monies?"

"Yes! I'm legitimately entitled to hold such sums of your personal bank accounts to defray my fees and expenses in defending you. And although $170K might seem extravagant, it is in line with normal attorney fees for a case of such magnitude as yours."

"Fine! Then let me sign the Power of Attorney, we'll get the guards to witness it. Then I guess I'll see you tomorrow."

At the Tuesday morning arraignment, Vivian duly entered a "not guilty" plea and asked for bail. Oliver presented the case to deny bail to Sam Crawford as he would be an obvious flight risk. Since only $90 million out of $120 was recovered it follows that the accused would have plenty of money to exist on for the rest of his life in some favorable non extradition country. Vivian countered by arguing that it is mere speculation on part of the prosecutor as to how much monies Mr Crawford has available. Assuming the prosecutor can prove the case, the extra monies not yet recovered could have been easily lost by bad investments or gambling.