“Then how does Nikko Benetez fit into the picture?”
“He is my uncle, but he is not an investor.”
“Conversations I had with his son, Luis, indicated he had some sort of interest.”
“My father got half of the investment from him, but it was a loan, so we must repay him whether or not we can recover from Gartenberg.”
“Do you have any idea where the money may be?” Max asked.
“We haven’t been able to locate it. He used the bank holiday over your Presidents’ Day weekend to e-transfer the money all around the world. We lost track of it after a withdrawal from a bank in Santiago.”
“Did you know,” Beth offered, “that he also sold his house in December?”
“No, I didn’t.” Carlos was surprised. “So he was planning the whole thing for a long time.”
“It appears so.”
“Can you represent us?”
“I don’t know yet,” Max replied. “We’re going to need a lot more information from you, and there’s also possible conflict-of-interest questions that we’ll need to look into.”
“Well, I brought copies of all our files with me, so why don’t you take a look at them.” Carlos reached into his pocket, removed a thumb drive, and handed it to Beth.
“How long are you planning to be in the city?” she asked.
“For as long as it takes to retain counsel.”
“Are you interviewing other firms?”
“Only if I have to.”
“Tell you what, then, let’s meet again tomorrow afternoon. It’ll give us a chance to check on any conflicts of interest.”
“Fine. Just so I know that your firm is on board when I return to Caracas.” He got up from the table and prepared to leave.
“Hey, as long as you’re going to be here tonight, would you like to go to the Knicks game? The firm has a box at the Garden.”
“Thanks, Beth, but Elias invited me out to dinner already. We have a lot to catch up on.”
“Sounds good. Enjoy your meal.”
Chapter 36
“Beth, it’s Carlos.”
“Hi, Carlos. How was your dinner with Elias?”
“The dinner was fine, but I got served with a summons afterward, right in my hotel room. The Smythe estate is suing us for fraudulently breaking the contract to buy the BMI property.”
“How’d they even know you were there?”
“I have no idea.”
“Is Chord still their attorney?”
“Nope. He’s one of the defendants.”
“Who are the other defendants?”
“Gartenberg, my brother, and my father.”
“Well, bring all the papers with you when you come over this afternoon.”
* * *
—
“Hey, Beth,” Max began. “Tripp just called me.”
“What a coincidence. Carlos Pendayan just called me. The Smythe estate served Carlos with a summons at his hotel last night, so Chord was probably also served.”
“I don’t know anything about that, but Chord had a bad accident on his motorcycle last night. He was riding past the Old Main and slammed right into one of the Jersey barriers protecting the tunnels. The cops think another car may have been involved.”
“I’m sorry to hear that. Is he alive?”
“Yes, but he’s badly hurt. I wonder how they knew Carlos was in town?” Max asked.
“I already figured that one out,” said Beth. “It was Elias. I checked his office phone log and he called F. X. Smythe several times yesterday.”
“Oh, great!” said Max. “That’s all our malpractice insurance carrier needs to hear. I think the time has come to ask Elias for his resignation.”
“I don’t envy you that job.”
“I’ve been concerned about him since I got back,” said Max. “He’s got his own agenda and it doesn’t mesh with ours.”
“I totally agree.”
“If we represent the Pendayans in this lawsuit,” said Beth, “we’re going to have to take Chord’s deposition as quickly as possible, even in the hospital if necessary. I’ve already asked Mel Bergeraque to join us when Carlos comes in this afternoon.”
“Sounds good,” said Max.
“When are you going to tell Tripp about this?” asked Beth.
“As soon as Carlos signs the retainer agreement,” said Max.
“I don’t think ‘His Honor’ is going to be thrilled if we have to cross-claim against his nephew,” said Beth.
“May not be necessary to cross-claim, but let’s not tell Tripp until we make that decision.”
“Okay,” said Beth. “I like that idea, but we do need to tell Carlos that Elias is responsible for his being served last night.”
“We’ll tell him when he comes in this afternoon. I want to deal with Elias first.”
“I was going to talk to you about him anyway,” said Beth. “Do you want me to call in the executive committee?”
“First, let me double check to see what our partnership agreement says about firing a partner,” said Max.
“I’m sure you and Clifford gave yourself all the authority you need.”
“I don’t want to give Elias a right to sue us on some technicality,” said Max.
“If he so much as looks at you cross-eyed, tell him you’re going to report him to the FBI for the interstate sale of child porn,” Beth said. “Reggie’s guys found tons of it on his computer during a security audit yesterday.”
“And you were going to tell me about this when?”
“I just did.”
Chapter 37
Beth’s major concern was office security. Elias was not about to go gently into the night when Max fired him. All of the firm’s files had to be protected, so she picked up the phone and took immediate steps to deal with the threat.
“Reggie, it’s Beth Swahn. How long will it take you to terminate one of our attorneys’ ability to access the computers in our office?”
“If you can give me the user’s name and password, figure ten minutes. Otherwise, more like a half hour.”
“The attorney’s name is Elias Strauss and I don’t know his password, but I do need you to have this done by eleven A.M.”
“Who’s Elias Strauss? The weenie wagger we uncovered during our audit yesterday?”
“That’s disgusting.”
“Sorry.”
“Call me if you’re having any problem with the eleven o’clock shut-off time.”
“We will.”
* * *
—
Max went to Elias’s office at 11:10. He was accompanied by two security officers from the building staff who waited in the hallway when he entered.
“Max, I was just going to call you,” Elias said. “My computer’s been hacked. It’s frozen me out.”
“We shut it down because you’re being fired.”
“Stop kidding around, Max.”
“I’m serious and you’re fired.”
“You can’t fire me. I’m a partner.”
“That’s no protection, because you’re being fired for cause.”
“And what cause is that?”
“Take your pick. Sale of kiddie porn on your office computer or breach of attorney-client privilege. You told F. X. Smythe that Carlos was in town and where he was staying.”
“I don’t know what you’re talking about.”
“Spare me that nonsense. The security people are in the hallway waiting to escort you out of the building. Personal effects only.”
“Max, I’ve been a partner for six years. Can’t we even discuss this?”
“We have a thumb drive loaded with your kiddie porn collection and your telephone log with the office calls to Smythe. What part of that would you li
ke to discuss?”
“The part where I tell you things you should know before you agree to represent the Pendayans against the Smythe estate.”
“Well, I can’t speak for the executive committee or Beth, but if there’s any interest, we’ll call.”
“What about my pension?”
“You’ve borrowed against most of it, but if I have your resignation in writing by EOB today, I’ll see what I can do about rolling over what’s left into an IRA.”
“I’d appreciate a check instead.”
“Not happening. Now I think it’s time for you to leave the office.”
“Mind if I take my laptop?”
“Yes, I do, and no, you can’t.”
Max left Elias’s office and motioned for the security personnel to enter and escort him out. He waited and watched while Elias loaded items from his desk into his backpack. Without being asked, Elias opened the bag for inspection before leaving the premises.
Chapter 38
Beth’s fragile resolve to avoid fried foods lasted just until the order of calamari and marinara sauce arrived at the table with their drinks. Max speared and dipped first, followed by Beth, while Andi continued the vent she had started when Beth told her she was driving down to Bordentown tomorrow.
“The practice of law isn’t supposed to be a high-risk business,” she protested. “Lawyers shouldn’t have to risk their personal safety when they take on a case.”
“Come on, Mom, we’re not risking our lives, and it’s a good piece of litigation for us,” Beth replied as she smothered another piece of squid in the sauce. “I obtained a court order authorizing me to inspect the entire property.”
“Beth is right, Andi,” Max added. “Without Clifford, we can’t depend on getting the civilized white-glove clients that he always brought into the firm.”
“This Gartenberg’s a real bad dude, Beth.”
“That’s what lawyers do, Mom. We deal with bad dudes.”
“It reminds me of exactly how that Leonard Sloane affair started the year after Max retired. Money gets stolen from a client, and the next thing I know, we’re all down in the Caribbean fighting for our lives.”
“This is completely different, Mom. This is a lawsuit. The fighting will take place with words in a civilized courtroom, and the good part is that we get paid for our time and effort.”
“Just make sure it stays that way. Someday soon I want to get back down to Red Sky with Max.”
“You guys can go back anytime you want. I’m running the firm now.”
“What about it, Max. You ready to re-retire?”
“Not quite, but soon.”
“Now there’s a definitive statement if I ever heard one.”
“It means we’ll go back down to Antigua as soon as I’m comfortable that Beth is comfortable running the firm.”
“I’m more than capable,” Beth replied.
“She’s more than capable,” Andi repeated.
“Of course she is, of course you are, but I’ll always be available for her,” Max said.
“I know that,” said Andi. “Just keep in mind that our charter agent down there has a bunch of deposits from parties that booked cruises with us for this season.”
“Look, my love, if everything is going smoothly up here, we’ll go back down in time for our anniversary next month.”
“That’s in seven weeks, Max. I’m going to hold you to that.”
“I want to get back to Antigua as badly as you do.”
“If we can get that disbarment petition dismissed next Thursday at the hearing,” said Beth, “it’ll be a major distraction out of the way for Max and for the firm.”
“We’ll get it dismissed,” Max replied as the main courses arrived at the table.
“And what are you going to do about the million and a half dollars still sitting in court?” Andi asked.
“Don’t worry, Mom. Somebody will make an application for it sooner or later,” Beth replied.
“See, we’ve resolved everything,” Max said, “so let’s eat. I’m starving.”
“When aren’t you?” Andi harrumphed.
“Yes, dear.”
Chapter 39
Beth was through the Lincoln Tunnel and on the New Jersey Turnpike by 8:00 A.M. She had thought about inviting Max along, but decided against it. She didn’t need any help exploring the BMI tunnels. It was an opportunity she would handle on her own.
Traffic on the southbound express lanes moved pretty fast most of the way down. She paid little attention the first time a brand-new shiny red Ford Mustang passed her. It gave her no cause for concern other than disdain for the male driver with a big earring and a gold tooth who smiled and then cut her off. When it happened the third time, however, she used her cellphone to photograph the car and text its license plate number back to the office.
She took the Bordentown exit off the turnpike at 9:30 and drove directly to the subdivision parcel of the BMI campus. The buyers had conducted a feasibility study during the sixty-day period before the closing. The property had been surveyed and subdivided into building parcels separated by gravel roads.
The roads came first, and were identified by alphabetical street signs. The parcels followed and were identified by numerical signs.
She spent the first couple of hours walking around the site, familiarizing herself with the scope of the project. She checked and rechecked her hard copy of the subdivision plans, and discovered they bore no relationship whatsoever to the visual site inspection she was making. She identified discrepancy after discrepancy, beginning with the very first parcel she inspected.
She found Alpha Street on the plans, walked over to where it should be on the site itself, and instead found a hand-lettered Delta Street sign. Then, she located Lot 0101 on the plans, and saw that it was marked Lot 0307 on the site. It was all bogus, and after checking and double-checking it to her satisfaction, she got back in her car and headed over to what was left of the Old Main, and the tunnels she really wanted to focus her attention on.
Chapter 40
Beth rolled into the parking lot of the Old Main at noon with a fresh container of Starbucks and a slice of lemon pound cake for lunch. She remained in the car long enough to drink it, eat it, and check her cell for texts and email.
The fire had consumed the Old Main, except for two brick chimneys and a few remaining portions of its brick structure, and destroyed any possibility of ever resurrecting its historical magnificence.
She noticed two security cameras staring at her from the one-story office building across Park Avenue, a building that the Pendayan family still owned after originally allowing BMI to use it as an infirmary. Then she took a copy of the court’s discovery order and double-checked it for any limitations on her right to investigate the Old Main. After patting the Glock for comfort, she got out of the car.
She walked over to what was left of the concrete stairs leading down into the basement, the same stairs that Chord had guided her to on her first trip to Bordentown. This time, she found a large pile of rubble blocking the stairs and realized that it must be the place where Gartenberg had started to bulldoze the Old Main before she was able to stop him with the contempt order.
She walked around the debris, hoping to find a spot where she would be able to access the stairs, but decided that the pile was far too unstable to climb over and too wide to circumvent. Then she walked to the end of the parking lot and crossed over Park Avenue to the small town-owned forest behind the office building.
According to the map of historic Bordentown that she had downloaded, there was another tunnel entrance in the forest, and she was determined to find it. She entered the dense growth of trees next to the fence that marked the property line of the abutting seminary and followed the fence into the forest for about a quarter mile.
When she spo
tted a large grass-covered mound off to her left, she crossed over to it and saw that it partially covered the tunnel entrance she had been looking for. The entrance had been sealed up with cinder blocks, and was badly in need of repair. A large piece of one block was missing and several others around it were cracked and crumbled. The NO TRESPASSING sign on the wall was covered with graffiti.
She reached into her shoulder bag for the Swiss Army knife and mini-flashlight that she always carried. In fifteen minutes, she’d partially chipped out three of the cinder blocks, creating enough of an opening for her to squeeze through and get into whatever she would find on the other side. First, she stuck her arms and flashlight through the hole and did her best to follow its narrow beam around the tunnel interior.
She couldn’t see enough to identify its intended purpose even when she thought about the BMI legends. Was it originally built as an emergency escape tunnel for Joseph Bonaparte or for runaway slaves from the South hiding from bounty hunters? Both alternatives were more interesting than its practical use as a drainage tunnel.
The tunnel was littered with beer bottles, fast food wrappers, and empty vials of vape juice from e-cigs, enough for her to identify its frequent use as a teenage hangout. She figured there had to be a more convenient tunnel entrance somewhere that the kids were using.
Beth did see something she hadn’t expected, however, and that was a string of lights hanging from the ceiling, most of which were lit. She wondered where the electricity could be coming from when the entire site was nothing more than ashes and ruins. Then she heard an engine echoing from deep inside the tunnel, and figured that someone had installed a generator to provide power.
She struggled and squeezed her way through the narrow entrance and down into the tunnel. On the way in, she lost her balance on the slippery footing, dropped her light, and cracked her knee on a large rock. She cursed the pain away and retrieved her flashlight. Once her eyes adjusted to the dim light, she saw that the offending rock was part of a circle of rocks obviously used for seating by partying trespassers.
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