Chapter 6: The Offer He Shouldn't Have Made
Dad's attorney called Miriam on Wednesday afternoon.
His name was Gerald Fitch, and according to Miriam, he had a reputation for settling quickly when the evidence was bad.
The fact that he was calling three days after the civil filing was not a good sign for my father.
Miriam put the call on speaker so I could hear.
"Ms.
Cole," Gerald said.
"My client would like to resolve this matter privately and avoid any further escalation.
He's prepared to return the full amount in question — we're acknowledging a figure of eight hundred and eighty thousand dollars — and to provide a signed accounting of all transactions during the custodianship period."
"That's a starting point," Miriam said.
"What else?"
"In exchange, my client asks that your client withdraw the civil filing, agree to a mutual non-disparagement clause, and sign a full release of all claims related to the custodianship."
I wrote one word on the notepad in front of me and slid it to Miriam.
*No.*
Miriam looked at it.
"My client isn't interested in a release of all claims at this stage.
The civil filing stays.
If your client wants to discuss a structured resolution, we're open to a conversation.
But a blanket release isn't on the table."
Gerald was quiet for a moment.
"Ms.
Cole, my client has expressed a willingness to make this right.
He'd also like me to convey that this situation has caused significant distress to his wife and his other daughter, and he hopes your client will consider the full family impact before proceeding."
I wrote two more words and pushed the notepad back.
*Still no.*
"My client is aware of the family situation," Miriam said.
"She's considered it.
The filing stands."
After the call ended, Miriam set down her pen.
"He'll come back with something stronger.
Gerald doesn't make one-call settlements."
"Good," I said.
"I want him to come back."
She looked at me carefully.
"Why?"
"Because every time he calls, it means Dad is more worried than the last time.
And I want to know exactly how worried he gets before he tells the truth."
She almost smiled.
"You sound like your grandfather."
I hadn't expected that.
I sat with it for a moment.
"Did you know him well?" I asked.
"Well enough.
He came to me six months before he passed and told me he was concerned about the custodianship arrangement.
He said he trusted his son in most things, but that where money was involved, his son had always had a particular kind of blindness." She paused.
"He asked me to keep a close eye on the account after he was gone.
I should have done it sooner."
"You couldn't have done anything until I was eighteen."
"No.
But I could have flagged the transactions earlier and had a conversation with you at seventeen instead of waiting for you to come to me." She looked down at her desk.
"I'm sorry for that, Ava."
I hadn't expected that either.
"You're helping me now," I said.
"I am.
And we're going to finish this properly."
Gerald called back the following morning.
His tone had changed.
"My client is prepared to increase the offer.
Full repayment of eight hundred and eighty thousand dollars, plus a payment of two hundred thousand dollars in recognition of the disruption caused.
Total of one point zero eight million.
In exchange for the release and non-disparagement."
"He's adding money," I said after Miriam put the call on hold.
"That means he's found out we have the wire confirmation."
"Almost certainly."
"What does the wire confirmation expose him to beyond the civil claim?"
Miriam was precise.
"If the prosecution can establish that the wire from Carver Holdings to your father's personal account was a kickback arrangement funded by misappropriated trust assets, you're looking at potential wire fraud.
That's federal."
I thought about that for a moment.
"He's trying to buy his way out before this goes somewhere he can't settle."
"Yes."
I looked at the notepad.
Then I put the pen down without writing anything.
"Tell Gerald we'll respond in writing by end of week," I said.
"And tell him the response will include a list of additional documents we're requesting."
Miriam took the call off hold.
"Mr.
Fitch, we'll respond in writing by Friday.
Please advise your client that we'll also be submitting a supplemental discovery request."
A pause on Gerald's end.
"What kind of supplemental request?"
"All personal financial records for your client from the past five years, and all communications between your client and Douglas Reeve during the same period."
Another pause.
Longer this time.
"I'll convey that," Gerald said.
And hung up.
Miriam set the phone down.
"He'll call Douglas tonight," she said.
May you like
"I know," I said.
"That's exactly what I want."
