Chapter 27
DEATH CLAIM
On the following Monday morning I received a registered mail notice. Wondering who would be sending me registered mail, I drove immediately to the Post Office. As I walked inside a strange feeling of deja vu struck me. I had seen this place before in my dream. I went up to the counter and rang the bell. A man in a grey uniform came over and took my green receipt. He walked off and then returned with an envelope. "Okay, here you go. I'll need you to sign this receipt please."
"Sure," I said as I took the envelope from his hand and jotted my signature on the dotted line.
As I was leaving the building I opened the letter and pulled out its content. It was entitled, "CERTIFICATE OF DEATH." Upon closer inspection it was the death certificate of Michael Roman Lombardi.
I returned to the office and called Mrs. Lombardi. I explained to her what I had done and that now she could claim the hundred-thousand-dollar face amount of the insurance policy, less the loan she took out on it, of course. She was shocked to hear of her husband's death but seemed relieved to finally have found him. She agreed to file a claim immediately and send me $6,500 for my legal services on behalf of Gena just as quick as she got the money. Death claims usually are processed pretty fast, so I figured within a week or ten days I'd get the money.
When I returned to the office there was a message that Tony had called. I wondered momentarily why he would be calling me, but then I remembered the bankruptcy suit I had filed. I picked up the phone and returned his call.
"Mr. Turner, what is this lawsuit you filed against me?"
"It's a preference suit, under the Bankruptcy Code if a creditor gets paid within ninety days of filing bankruptcy he has to give the money back otherwise it would be unfair to the other creditors," I replied.
"I've never heard of that before," Tony said.
"Well, whether you heard of it or not it's the law."
"But she owed me that money."
"I know, but it doesn't matter. You've got to give it back. If you don't do it voluntarily then the Court will make you give it back plus Court Costs and attorney fees."
"Damn it! I can't believe this."
"If you give it back right now, I'll waive attorney's fees and court costs."
Tony was silent for several seconds, then he said, "What if I refuse to give it back?"
"Well, once the Court grants me judgment I'll send over a U.S. Marshall to collect the money. If you refuse to pay it, he'll start taking your property and selling it."
"You son of a bitch!"
"Hey, I didn't make the laws. Write your congressman."
"This stinks."
"It hasn't been fun for Gena either. So, what's it gonna be?"
"Okay, okay. What the hell. Should I bring you a check?"
"That would be fine or I could meet you at your bank."
"Okay, I'll meet you at Republic National Bank in downtown Dallas at one thirty today," Tony said.
"Fine, I'll be there."
When I hung up the phone my adrenalin was pumping furiously. My strategy was working perfectly. If I could get the money from Tony, then I might be able to call the Assistant U.S. Attorney and get him to drop the charges immediately. Then it wouldn't matter if I ever found Gena as the bond would be released when the charges were dropped.
I picked up the phone and called Syd Brim. The receptionist gave me the usual run-around about Mr. Brim being in conference, so I told her it was an emergency. She wasn't impressed.
"What sort of an emergency?" she said.
"Listen, if you don't get him on the phone right now I'm coming over there and kick the damn door down. I've got to talk to him immediately and it's none of your damn business why!"
"You don't need to get hostile. I'll see if I can find him."
"Hello, who is this?"
"Stan Turner."
"Who?"
"Remember your co-counsel on the Lombardi case."
"What case?"
"Gena Lombardi, do you remember her?"
"Not actually, but what do you want."
"Would you mind if I talked to the prosecutor assigned to Gena’s case? I think I can get him to drop the charges."
"Oh really, sure I don't care. What ya got?"
"Restitution and lots of evidence that she didn't intend to defraud anybody," I said.
"Go ahead, what do we have to lose," Syd replied evenly.
"Good, thanks. I'll let you know what happens."
"Great, catch you later."
Feeling like I was on a roll I called the U.S. Attorney's office. I didn't know who had been assigned to the case, so I asked the receptionist to research who was handling the Gena Lombardi case. After waiting on the phone about five minutes she came back on and advised me Miss Jean Sommers was prosecuting the case and that she would connect me.
"Yes."
"We've never spoken before, but I'm co-counsel on the Gena Lombardi case."
"Oh really, I wasn't aware we had any co-counsel."
"Well, I took the case as a favor, I haven't been paid anything. Miss Lombardi talked me into being co-counsel."
"Okay, so what can I do for you?"
"Drop your case against Gena Lombardi."
"Pardon me?"
"Well, let me put it this way. What would it take for you to drop your case against Gena Lombardi?" I replied.
"I don't know what you're driving at."
"Well, if I could provide immediate restitution of all monies lost and show you that you couldn't possibly win the case at trial, would you drop the case?"
"Maybe, but let's not talk fantasy. We know Gena Lombardi doesn't have any money for restitution and I've got several witnesses all ready to testify that she received their money in the mail but failed to deliver the merchandise. The statute even contains a presumption of intent to defraud in these circumstances."
"That's true, but it's a rebuttable presumption and I'm going to prove that Gena reasonably believed that she could deliver the merchandise when she took that money from your witnesses. I am going to show how her boyfriend, Tony, took the money without her knowledge or consent and that is why the goods were not delivered."
"Can you really provide complete restitution?"
"I believe so, I can tell you definitely by the end of the day."
"Well, I'll make a deal with you. If you can deliver the money and get an affidavit from Tony that corroborates what you just told me, then I'll recommend dropping the charges."
"Good, I'll call you this afternoon," I said.
"Okay, good luck," Miss Sommers said skeptically.
An ill feeling suddenly overcame me as I mused over the task of getting Tony to sign an affidavit. Getting him to give up twenty grand was a coup in itself, but to ask him to help Gena get out of jail was pushing my luck. There had to be some angle I could use to get him to believe it was in his best interest to sign an affidavit exonerating Gena. Unfortunately, at that moment I couldn't think of what it might be.
At 1:30 I walked into the lobby of Republic National Bank. It was a huge lobby so I was at kind of a loss as to where to find Tony. I began to wander around searching for someone who looked like an Italian. Tony had said he was wearing blue jeans and a white shirt and he'd have Bridgett with him. Finally, I saw the likely couple in line at one of the teller's cages. I approached them and said, "Tony? . . . Bridgett?"
They looked over at me emotionless. "Mr. Turner?"
"Yes."
"We're getting the money right now," Tony said. Then he pointed over to a sofa and chair and said. "Just wait for us over there. We'll be right over."
I went and took a seat on the sofa and watched them make their way through the teller's line. After a minute they came over to me and handed me a cashier's check.
"I made it out to the United States District Court, like you said. I can't believe I'm doing this," Tony said.
"It's the right thing to do," I replied.
"Now what?
" Tony said.
"Now I get the Bankruptcy Court to approve the restitution and then I'll deliver it to the Assistant U.S. Attorney so the victims can be reimbursed."
"What about this victim?" Tony said.
"Well, I am glad you mentioned that. You know there is a way you might be able to get what's coming to you," I said.
"How's that?"
"Well, If I could get the Assistant U.S. Attorney to drop these charges you could file a proof of claim in her Chapter 13 and eventually get paid the money that's owed to you."
"Really,” Tony asked incredulously. “What if she doesn't make her payments?"
"Well, I can't guarantee that she'll make the payments but she says she's going to and she'll have a much better shot at doing it if she's back in her office where she can make some money rather than being in jail."
"So what do you have to do to get the Assistant U.S. Attorney drop the charges." Tony asked.
"Get you to sign an affidavit that you took the money owed to you from Gena's account without her knowledge or consent. You don't have to admit you did anything wrong and we'll waive any claims against you for taking the money."
Tony looked at me intently like he was actually considering signing the affidavit, then he shook his head and said, "There's no way in hell I am going to help that bitch."
I looked at Bridgett and immediately realized she was my key. I could see the pain in her eyes, perhaps from guilt, but more likely from a lingering friendship toward Gena. I decided to appeal to her for help. "Bridgett, I don't know you, but you were best friends with Gena and Gena has told me how close you two used to be. I know things between you two haven't been very good lately, but I can't believe you don't care about her. All I need is a simple affidavit to get Gena off the hook. I'm not asking you to lie, all I want is the simple truth."
Bridgett looked at Tony and then at me but said nothing. Finally, Tony said, "Come on Bridgett let's go."
As they walked off I searched for some final argument, a magical phrase or sarcastic comment that might move them . . . but nothing came to mind. I sat down, defeated. I started to rationalize, well at least I got the money back . . . now all I have to do is try the case and win. As I got up to leave the bank I noticed Tony and Bridgett walking toward me. When we met Tony sighed and said, "Give me the damn affidavit. Maybe that broad can finally get her act together."
I pulled the affidavit from my coat pocket and walked over to the customer service counter. I couldn't help but notice Bridgett was smiling. Tony signed the affidavit and then stomped off. Bridgett turned to me as they were leaving and waived.
I was thrilled with my victory, but unfortunately I didn't have anyone to share it with. There was no time to celebrate anyway right then. I had an important date with the DA. Getting her to drop the charges wasn’t a slam dunk. I’d still have to be very persuasive and she’d have to get her bosses to approve the deal. But I promised myself that Rebekah and I would crack a bottle of champagne that evening if everything worked out the way I hoped it would.
Miss Sommers was shocked when I appeared that afternoon with twenty thousand dollars and an affidavit from Tony. She kept her word, though, and recommended to the U.S. Attorney that all charges be dropped. After several hours of waiting, the deal was approved and I breathed a sigh of relief. When I got back to the office I informed Asshole of my success and advised him he was off the hook. He didn’t thank me or offer to split his fee with me. He just said, “Okay,” and hung up. Then I called Gena's mother.
"Hello," Mrs. Lombardi said.
"Hi, this is Stan again."
"Oh yes, is something wrong?"
"No, I've got good news. The Assistant U.S. Attorney has dropped all charges against Gena."
"You're kidding! How did that happen?"
I told her about the deal with the DA.
"That is so wonderful. I just can't believe it. When Gena told me you were her guardian angel I just laughed, but now I know she was right."
"Well. I'm just glad I could help."
"Thank you so much Mr. Turner. I will always be in your debt."
"Your welcome, should you happen to see Gena sometime soon have her call me."
"I will. Bless you."
"Good bye."
"Good bye, thank you, so much Mr. Turner."
Elated by the events of the afternoon I went immediately home to take the family out to dinner and celebrate. The kids didn't understand why I was so happy but they didn't mind having a party. Rebekah was somewhat subdued. When I ordered a bottle of champagne Rebekah let me know what was bothering her.
"It's great you got Gena off the hook and got her mother a $100,000 but you haven't got a dime yourself, have you?"
"Well no, but they'll send me some money once the insurance check comes," I replied.
"Maybe, but what if they don't?"
"They will, you should have heard Mrs. Lombardi. She couldn't thank me enough. She said I was her daughter's guardian angel."
"What did Gena say?" Rebekah asked.
"Well, actually I don't know where Gena is," I replied.
"What? How can you settle her case without her?"
"I didn't settle it . . . I got the Assistant U.S. Attorney to drop it."
"And she has skipped town? Why in the hell did you even bother with her if she doesn't care enough to hang around for her trial . . . or at least let you know where she is?"
"I had to get her off. I didn't have any choice."
"Why. What do you mean?"
"I guaranteed her bond and when she disappeared I had to get her off or come up with twenty-five thousand dollars."
"Stan Turner! You are so stupid sometimes. Why in the hell did you guarantee her bond?"
"I just felt sorry for her."
"You haven't been screwing around with her have you?"
"No, . . . no way. . . . She's just someone who has had a tough life. Her father ran away when she was young and everyone treats her like shit. I just showed her a little respect."
"Yeah, and see where that got you. You're damn lucky you didn't lose twenty-five thousand dollars; which we don't even have I might add. How did you expect to pay the money back if she didn't show up for trial?"
"I took a lien on her Corvette."
"Oh really, well I'm glad you did something halfway intelligent."
"Come on, give me a break. I did a hell of a job on this case, I want to celebrate. So, if you’re through chewing me out let's party."
Rebekah shook her head in disgust then cracked a smile. "Stan Turner . . . how did I ever get hooked up with you?"
"Beats me. . . . You just got lucky, I guess."
Brash Endeavor, A Stan Turner Mystery Vol 3 Page 31