To Save the Nation

by Robert E Kass

  “David, what’s left of the old Kelly, Friedman & Green is just the Private Client Group. The two outside firms are taking people and pending cases. They’re also covering the rent on space occupied by the Litigation and Transactional Groups until the end of the lease, if they can’t negotiate termination fees with the landlord or sublease the space. Accounts receivable will be divided up among the equity partners who were at the firm on the day of the split. That’s the biggest piece of the puzzle. Work in process will stay with whatever group generated it.

  “The bottom line is that what’s left is the Private Client Group. That’s you and whoever you can cajole into staying. I figure you’re going to need some help, and I don’t like the way all this went down. So, if you’ll have me, I’d like to stick around and re-tool, so to speak, and get out of the litigation game. I suppose we’ll have to change the firm name, but if you’ll take me as a partner, I’d be delighted to have my name on the front door with yours!”

  Winkler was shocked at what was happening. He realized attorneys clearly had the right to leave the firm, but never in his life had he ever imagined a mass exodus such as this.

  “I guess this takes the wind out of my sails. But we can toast to our victory in the Guttmann matter, while we eulogize a law firm we all love and respect,” said Winkler, clearly overcome by the news of the firm’s demise.

  “David, I know when I bring you bad news, you like a little good news stirred into the pot. So, why don’t you ask if there’s any good news?” Emma asked, with a grin.

  “What are you talking about, Emma? It sounds to me like this is just a bad news day. What have you got that’ll lift my spirits?”

  Dillingham took the floor. “David, I suspect it must bother you that so much money could be involved in the Guttmann matter and the retainer is used to pay expenses, while the firm receives nothing in fees. Am I right on that?”

  “Sure, it bothers me, but that’s the deal. There’s $10 billion in the account, but that money isn’t his, nor is it ours. That’s a fact of life.”

  “So, assuming you’d find that result unjust, I spent some time looking into possible claims that could be brought on Guttmann’s behalf that would result in fees under the 40% contingent fee arrangement, assuming Mr. Guttmann would agree, and I’m fairly confident he would.”

  “Go on, Dan. I’m listening.”

  “There are probably many claims that could be made: False arrest; false imprisonment; and negligent hiring of prison staff are a few that come to mind. It’s not exactly wrongful conviction,” said Dillingham. “Guttmann isn’t the one who was convicted. What arguably happened is that an overzealous prison official was sloppy in the way he handled Guttmann after his arrest. There should have been a new set of fingerprints, and those prints should have been compared against those already in the prison record. They just went too fast, then refused to re-evaluate when Guttmann protested repeatedly over the years.

  “If this had happened in many other states, or even with a federal conviction, Guttmann would have been entitled to a fixed amount per year, by statute, and more since he was on death row all that time. But not in Georgia. It’s one of eighteen or so states that don’t have a statute providing for compensation for those wrongfully convicted.

  “The legislature has to take up each case individually and may or may not pass a private bill. I’ve done a little research, and in a handful of cases, people wrongfully convicted in Georgia have managed to get awards ranging from a few hundred thousand dollars up to over $1 million, depending mostly on how many years they were wrongfully incarcerated.”

  “So, in other words, Dan, it’ll depend on the appetite of the Georgia Legislature whether Guttmann gets anything. Is that what you’re telling me?”

  “It would be an uphill battle, definitely not a sure thing. But there’s something I just came across that could be a winner,” said Dillingham. “Based on the letter from Guttmann to Rabbi Weinman, Guttmann was working for the U.S. government. They were trying to keep tabs on the Montonero guerillas, and what better way than to have a direct line to their banker? So, we looked for documents having to do with Guttmann’s relationship with the U.S. government.

  “Someone filed a FOIA request after Guttmann allegedly died in the crash, in connection with the failure of his banking empire. Have a look at this.”

  “Oh my God,” said Winkler, as he flipped through the pages of the contract. “Guttmann was getting $250,000 a year in consulting fees. This contract started in 1973 and has an indefinite term, not a fixed end date. It continues in effect until terminated by either party on thirty days’ written notice. And the only thing it says about the services to be provided is that Guttmann has to make himself available to the CIA from time to time for consulting services, upon request.

  “Dan, do you think the U.S. government ever terminated this agreement?”

  “I doubt it. The party making the FOIA request posted a copy of the request online. It was broad enough to cover not only contracts, but also correspondence, documents amending or terminating contracts, and records of compensation paid under contracts. From what I could see, payments just stopped when Guttmann was put in prison in Georgia. I’d say he probably has a claim for past compensation under the contract, which provides that unpaid amounts are subject to late payment interest at 8% per year.”

  “How much are we talking about, Dan? Millions?”

  “It’s been more than forty-three years. At $250,000 per year, forty-three years, 8% interest—we’re talking about a ballpark figure of over $80 million. Forty percent of that would be around $32 million! $32 million!”

  WINKLER AND HIS TEAM enjoyed a long lunch as they chatted about converting the Private Client Practice Group into a boutique law firm specializing in tax and estate planning. Winkler eventually suggested they all head back to the office to make sure the movers weren’t taking any of their files and furniture. Winkler also decided to send out notices to all the private clients, to make sure the clients weren’t confused by the departure of the Litigation and Transactional Groups. For the most part, those clients would still be serviced by the part of the firm that had worked with them over the years.

  After what had been a grueling few weeks, Winkler picked up Eve at the airport, and they had dinner at one of their favorite spots, Moro’s, an old school Italian restaurant with tuxedo-clad waiters who prepared some of the dishes tableside. Eve brought him up to date on her yoga experience and hiking in the hills of upstate New York. Later, Winkler briefed her on his whirlwind pursuit of the missing banker, and the positive outcome for all.

  They were both exhausted and decided to skip dessert and head home so they could turn in early.

  “David, I really congratulate you on solving this mystery. When we met Maria Theresa in Aruba, I had no idea this would lead you on such a journey. I never imagined you’d end up going to the snow-covered peaks of the Swiss Alps, being drugged by Russian goons, and saving a man on death row,” Eve said as she slipped into her favorite red nightgown, with thin straps. Did you get a photo of the banker when he got the news that he was going to be a free man, and that he had a daughter?”

  “I sure did. Here’s a selfie, with the three of us.”

  “Yes, that’s the woman I remember, from our trip to Aruba. David, did you notice she’s got a cute dimple on her left cheek, just like you? That’s curious, isn’t it?”

  Winkler paused, looking a little sheepish. As he turned over to switch out the light, he said, “Honey, I haven’t told you everything.”

  EPILOGUE

  To Save the Nation is a work of fiction, but it was inspired by actual events, including the disappearances of tens of thousands of people perceived to be anti-government in Argentina in the 1970s.

  Although the Argentina disappearances took place decades ago, there are parallels in current events. In this epilogue, the author provides background for further study, in the hope that by learning more about these events, we will avoid r
epeating the errors of the past.

  ***

  “Some men arrive. They force their way into a family’s home, rich or poor, house, hovel or hut, in a city or in a village anywhere. They come at any time of the day or night, usually in plain clothes, sometimes in uniform, always carrying weapons. Giving no reason, producing no arrest warrant, frequently without saying who they are or on whose authority they are acting, they drag off one or more members of the family towards a car, using violence in the process if necessary.”

  So begins a United Nations booklet on enforced disappearances,1 which are not a thing of the past. They’re very much a current phenomenon, and on the rise.

  In 1980, the United Nations Commission on Human Rights established a Working Group on Enforced or Involuntary Disappearances, which continues its work today. One of the Working Group’s primary tasks is to assist families in determining the fate of their family members who are reportedly disappeared. It serves as a channel of communication between family members of victims of enforced disappearance, other sources reporting cases of disappearances, and the governments concerned.

  In 2010, the International Convention for the Protection of all Persons from Enforced Disappearances entered into force. As of this writing, the Convention has 98 signatories, but not the United States.

  The Committee on Enforced Disappearances was established further to the convention. The Committee on Enforced Disappearances and the Working Group on Enforced or Involuntary Disappearances co-exist side by side and seek to coordinate their activities to prevent and eradicate enforced disappearances.

  According to the U.N., an enforced disappearance is defined by three elements:

  (1) Deprivation of liberty against the will of the person;

  (2) Involvement of government officials, at least by acquiescence; and

  (3) Refusal to acknowledge the deprivation of liberty or concealment of the fate or whereabouts of the disappeared person.

  Since its inception in 1980, the Working Group has transmitted a total of 57,149 cases of enforced disappearance to 108 countries.

  As of its 2018 report, there were 45,499 cases under active consideration in 92 countries. Those countries and the number of cases in each included the following: Algeria (3,179), Argentina (3,241), Chile (785), Colombia (973), Republic of Korea (167), Egypt (258), El Salvador (2,282), Ethiopia (113), Guatemala (2,897), Honduras (130), India (368), Indonesia (163), Islamic Republic of Iran (528), Iraq (16,416), Lebanon (313), Mexico (377), Morocco (140), Nepal (470), Nicaragua (103), Pakistan (723), Peru (2,365), Philippines (625), Russian Federation (808), Sri Lanka (5,859), Syrian Arab Republic (218), and Timor-Leste (428). The other countries each had less than 100 cases outstanding at the beginning of the 2018 period.

  For further information on the work of the U.N. with regard to enforced disappearances, links to additional material on forced disappearances, and special reports on disappearances in a number of countries in recent times, see the author’s website, www.robertekass.com.

  There will you will also find a link to a video report of a child of a “disappeared” couple in Argentina, raised by a military family.

  For films about Argentina’s Dirty War, see the following:

  • “Our Disappeared” (2008) (a documentary by a Boston-based Argentine filmmaker about his personal search to find friends and loved ones caught in the vise of the military and who “disappeared” in Argentina during the Dirty War);

  • “Imagining Argentina” (2003) (a political thriller centered around a couple living through the dictatorship during the Dirty War; the husband has the power to see the fate of missing people, except his own wife); and

  • “The Official Story” (1985) (the story of an upper middle-class couple who live in Buenos Aires with an illegally adopted child, and the mother finally comes to realize her daughter may be the child of the one of the “disappeared”).

  1Office of the United Nations High Commissioner for Human Rights, “Enforced or Involuntary Disappearances,” Fact Sheet No. 6/Rev. 3, page. 1. Annex I to that publication contains a form to submit a communication on a victim of an enforced or involuntary disappearance.

  2United Nations General Assembly, “Report of the Working Group on Enforced or Involuntary Disappearances,” A/HRC/39/46, July 30, 2018.

  AUTHOR’S NOTE

  To Save the Nation is a work of fiction, but because it was inspired by actual events, readers will invariably ask: “How much of this is true?”

  The Dirty War actually happened during the military dictatorship in Argentina during the 1970s. Thousands of people ‘disappeared,’ although the actual number has been disputed. Those representing the disappeared estimate 30,000 disappeared. The military says it was more like 8,000.

  Among the disappeared were about 500 pregnant women. Their babies were taken from them under C-section, and the babies were adopted by third parties or the military. More than 100 of those children of the disappeared have been reunited with their biological families over the years, due in part to DNA testing.

  I had a personal relationship to what was happening in Argentina. As a young American lawyer practicing international law in Brussels, Belgium, I met a woman from Argentina who had left the country to wait out the dictatorship in Brussels. She told me that prior to leaving Buenos Aires, she and her friends would call each other at the end of each day, just to see if they were still there. Those wearing blue jeans, or with beards, or who were labor activists were at risk of disappearing, being tortured, and possibly killed.

  I also had a client who was an Argentine banker, whose private jet crashed on a flight from New York to Acapulco, and whose international banking empire collapsed within a few weeks thereafter. There was speculation in the press, including major financial magazines, that he might not have died in the crash, that it may have been a set-up. I learned that his in-house counsel, who was my friend and with whom I worked on business deals, died under torture in Argentina after the banks collapsed.

  I left Brussels while the story was still unfolding and years later started my research to see what had finally been determined. While my research was extensive, many important issues were still unresolved.

  I decided to create a purely fictional work that would bring together many of the things I’d learned in my research. I hoped the story would provide an entertaining way to encourage serious debate on how far a government should go in quashing dissent, even if those in power feel it’s necessary to do so “to save the nation.”

  The story would be that of a Uruguayan woman whose mother dies. She learns from her mother’s papers that her parents weren’t her real parents, and the man she always knew as her father was actually Argentine ex-military and involved in the murder of her mother. She also learns her real father was an Argentine banker who allegedly died in a plane crash and whose banking empire crashed shortly thereafter. She would meet an American lawyer who knew something about the story and hire him, to either confirm the official story—that her real father died in the crash—or find him.

  I worked on the story off and on but didn’t write the chapters sequentially. I found it difficult to imagine how the woman would feel when she learned her parents weren’t her real parents, that her entire life she’d been living a lie. Would she hate her adoptive parents for lying to her, and her adoptive father, in particular, for being involved in the murder of her real mother? Or would she love her adoptive parents nonetheless, because they saved her life? I felt the only way I could deal with this appropriately would be to go to Argentina and interview children of the disappeared.

  Working through the Grandmothers of the Plaza de Mayo (Las Abuelas de la Plaza de Mayo), an organization that has been pursuing numerous issues related to the disappeared since the 1970s, I interviewed several children of the disappeared. I also had a lengthy meeting with a former colonel from the dictatorship, who explained what they did and why they felt it was justified.

  Later I also interviewed a former U.S. milit
ary attaché at the U.S. Embassy in Buenos Aires, who explained what the U.S. government knew about what was happening in Argentina during the Dirty War. His wife, who was Argentine, shared thoughts about what it was like to live in Argentina during this period.

  ABOUT THE AUTHOR

  Robert E. Kass is a Detroit-based lawyer and author of three highly-acclaimed non-fiction books.

  To Save the Nation is his long-awaited first novel. It was inspired by actual events which occurred in the 1970s while Kass was a young attorney practicing in an international law firm in Brussels, Belgium.

  His initial motivation in writing this book was to raise public awareness of the disappearance of tens of thousands of people which took place in Argentina in the 1970s, so that they would not be forgotten.

  However, his research has brought him to the current day, where disappearances continue in nearly 100 countries around the world. What started out as a legal thriller has become a tool to draw attention to these human rights abuses. He hopes to provoke a serious conversation about how far a country should go in violating human rights when its leaders believe the nation is under a threat.

  Kass is an honors graduate of the University of Michigan Law School and was the recipient of a Fulbright-Swiss University Fellowship to study East-West trade at the Graduate Institute of International Studies in Geneva, Switzerland.

  He landed his first position as an attorney in Brussels, where he practiced for five years, serving a multinational corporate clientele. He returned to the U.S. to earn a Master’s Degree in Taxation at New York University.

  He then returned to Detroit where he has built a highly regarded practice in estate planning and administration, and planned charitable giving.

  A Fellow of the esteemed American College of Trust and Estate Counsel, he serves on the Professional Advisory Committees of numerous charities.