Tony Sampson sat at his desk in the prosecutor’s office and ended the phone call. He had just double-checked and found out that Dan Light was still behind bars. Why in the world hadn’t he made bail? There could only be one plausible response. His church family hadn’t come forward with the money. That had to be a devastating blow to a man like him and to his attorney.
Nothing about this situation seemed right to him, but he was planning on working this case just like any other. Even though it had a lot of media attention, he needed to build a rock solid case to put before a jury. If he weren’t able to construct that type of case, then he’d need to start thinking about a plea deal. The worst scenario for him and his career right now would be to suffer a loss.
It had been a while since he’d taken an embezzlement case to trial, so he wanted to brush up on the required elements under state law. He did a quick search in his legal research database of choice and pulled out his legal pad to draft a quick checklist.
Element one, fiduciary relationship. Check. As the church’s pastor, there was no doubt on element one.
But as he reacquainted himself with the rest of the three statutory requirements, that’s where the facts and evidence building would come in.
Element two, acquisition of property through the relationship. Dan had access to the church’s bank account given his role as pastor, and it helped his case that only three people had access, that he knew of.
Element three, taking ownership of the property for their own personal gain. He’d need to be able to show Dan used the money for his own personal use and not something for the church. He was still trying to track down what Dan did with the money.
Element four, actions are intentional. He felt this element was pretty easy. There was no way that type of financial transfer happened multiple times by accident. No, it was certainly intentional.
So, in short, he had to be able to prove that Dan took the money from the church’s accounts and funneled the money into his own personal accounts, and that he did so intentionally.
As he examined the file of bank transfers in front of him, it seemed fairly cut and dry. But one thing that was bothering him was what had Dan actually done with the money? It had been put into his account, but that’s where the trail ended because he hit a dead end at the transfer to an unidentifiable offshore account. Given the strict privacy and banking laws outside the United States, it was likely they’d never know for certain who controlled that offshore account.
In his experience, embezzlers used the money to make purchases of things—like boats, beach houses, or fancy cars. And so far he hadn’t been able to track down a single tangible asset. Which led him to wonder if Dan had a gambling problem. That would explain the need for large amounts of cash. He jotted down some notes to remind himself to explore that avenue.
He leaned back in his chair and thought about timing. He wanted to move this case along quickly but not at the expense of having all his ducks in a row. He’d have one of the younger attorneys help him with connecting all the dots and doing the required research.
His phone rang and he answered it, welcoming the distraction from his current train of thoughts.
“This is Anne from the visitor’s desk. There’s someone named Layton Alito here asking to see you. I didn’t have him on your visitor’s list for the day. Do you want me to send him up or turn him away?”
He knew Layton was going to follow up, but he hadn’t realized it would be so soon. “Send him up, Anne. Thank you.”
He took in a deep breath and tried to quickly gather his thoughts. Did he even have a final answer about joining the Optimism non-profit board? He hadn’t had the time yet to do the deep dive on the organization, but if Judge Louise Martinique was involved, then that spoke volumes.
A couple of minutes later, Layton was standing at his door. As usual, he looked completely professional wearing a dark suit and gray tie.
“Come on in, Layton.” He rose to shake his hand.
“How’re you doing today?” Layton asked.
“Great, and yourself?”
“I’m doing wonderful. Nothing like a bitter winter day to make you enjoy being indoors.”
“Please have a seat. I know you probably didn’t drop by for small talk. So what can I do for you today?”
“I wanted to check in with you to see if you had given my offer of taking a seat on the Optimism non-profit board more thought.”
“I haven’t had a lot of time to focus on it. Our workload in this office is very heavy. Given state budget cuts, we’re all expected to do more with less.”
Layton leaned in a bit toward him. “I completely appreciate that, and if you’re too busy, I have another very interested candidate who would also be a great fit for our organization. But, of course, I wanted to discuss it with you before I extended the offer to someone else.”
Well, this wasn’t ideal. He didn’t want to pass up a great opportunity, even if he hadn’t done all of his due diligence. What was the worst that could happen? If he took the board seat and it didn’t work out, he’d just resign and someone else could take his seat. “I didn’t say I wasn’t interested. I’m very interested. So much so that I’m willing to accept the position.”
Layton smiled. “You are a very smart man. This will only open up more doors for you and your career, and it just so happens that our next meeting is tomorrow. That’s why I wanted to go ahead and fill this seat, so we’d have a full board again.”
“When and where?”
“We meet at various locations. For this meeting it will be at my house, tomorrow at seven p.m. I can send you the address so you’ll have it. Also, since most of the board members work long hours, I’ll have dinner prepared. So you don’t have to worry about that either. Just show up and we’ll be good to go.”
“I must admit that I haven’t had the time to fully educate myself on the non-profit or the core business.”
Layton waved his hand. “No worries. You’ll catch on quickly. Your legal background will be a bonus for us. Of course we have Louise, but having your viewpoint will be important. It should be a win-win. You’ll get to beef up your experience by having a seat on a well-established non-profit board, and we’ll get the benefit of your skill set.”
“I look forward to doing something new and benefiting the community. As a prosecutor, working within the community is important.”
“I think you’ll really enjoy the work.”
Since Layton was right there in front of him, he figured it best to try to get some additional information from him about the Optimism non-profit. “Do you have a minute to give me some more background on the company and specifically the non-profit arm that I’ll be working with?”
“Absolutely. I’ll just start at ground zero since it seems like you’re not very familiar. Optimism is one of the nation’s leading New Age companies. We provide a range of products for consumers, ranging from books to jewelry to technology. Our chief competitor, Astral Tech, focuses even more on the technology side. You might have been aware of the lawsuit last year that ended up settling. The bottom line there is that Astral Tech is focusing on their app. Optimism has made the strategic decision to focus more on tangible products for the consumer.”
“And how do you sell your products?”
“Through the website mainly, but many of our books and other publications can be found in specialty bookstores. Like the bookstore we have in town called Indigo.”
“And just a basic question—how does Optimism define New Age?”
“New Age is the way most people understand a more holistic way of life connected to spirituality and meditation. Optimism takes that a step forward and really focuses on individuals and the power that people have to shape their own futures. And that’s actually a perfect way to help you understand the connection we have to the non-profit side of our work.”
“How so?” Layton’s description so far had him interested. He didn’t care anything about yoga or meditation, but he was a strong proponent of an individual being in control of his or her own destiny.
“We run several programs in the community that focus on equipping people with the skills they need to succeed. We have a job skills program where people come in and meet with an advisor to help them on their interviewing skills and resume. It is especially beneficial for those who feel left behind in the current workforce. We also run a soup kitchen once a week. In addition, we’ve started a clothing donation program that has been entirely successful and we hope to expand. Louise has actually been instrumental in that effort. If a person looks good, it gives them so much confidence. So we have our hands in multiple altruistic efforts, and the board is always interested to get fresh ideas as to how we could positively impact the community. If you have any ideas, then we’d be completely open to that.”
“That sounds great. Thanks for taking the time to help get me up to speed.”
“It’s my pleasure. I look forward to our board meeting tomorrow night.” Layton stood up and offered his hand again. “I’m glad that we’re going to be working together.”
“Me, too.”
“See you tomorrow then.” Layton walked out of his office.
Tony sat back down at his desk. Everything Layton said made him feel better about this partnership. He wondered if this was going to be a golden opportunity for him.
**
Nina Marie decided to treat herself to a shopping trip to take her mind off of all the craziness that was going on and just do something fun. Sometimes she did get a bit lonely. She didn’t have any close friends but had many more acquaintances than she could count. To the outside world she was the life of the party, a socialite with never a hair out of place. But on the inside, it would just be nice to have someone to do simple things with. Like go shopping or get her nails done.
Yeah, she could ask one of the Astral Tech members, but they all looked at her as a leader. Not an equal. And that persona was too important for her. The power she had over Astral Tech was everything. It was definitely more important than her bouts of loneliness or pity parties.
After she had bought three new dresses and two pair of shoes, her spirits were decidedly higher. As she walked out of the shoe store, someone bumped into her, making her drop a couple of her bags.
“Hey, watch where you’re going,” she said. She immediately bent down to pick up her bags without even looking at the culprit.
“Please let me,” the deep voice said.
She looked up into the big, dark eyes of a strikingly handsome man.
“I’m so sorry. This was completely my fault. I was looking down at my phone and didn’t even see you. Are you okay?”
“Yes, I’m fine.” She was immediately drawn to this man, but she didn’t know why.
“Here you go.” He lifted the bags up off the floor and handed them over to her. When his hand touched hers, she instantly felt a spark.
“Thank you.” She didn’t want this man to just walk away.
“Any chance I could buy you a cup of coffee to apologize?”
She hesitated only for a moment, but then realized that’s exactly what she wanted. “Sure. That would be nice.”
“We can walk down to the food court where there’s a coffee shop.”
“Perfect.” She paused. “I’m Nina Marie Crane.”
“Abe Smith. I’m sorry I ran into you, but I’m not sorry to have met you.”
She couldn’t help but laugh. “That’s a pretty bad pickup line.”
He grinned, showing a dimple in his left check. “I know.”
They chit chatted on the walk down to the food court. Nina Marie assumed he’d buy her coffee and then they’d go on about their business, but he asked her to sit down while they enjoyed their drinks.
“So what do you do, Nina Marie?” he asked.
“I’m the CEO of a New Age tech company.”
“Really? Like incense and meditation stuff?”
All the generic stereotypes always amazed her. New Age was so much more than that, and Astral Tech was so much more than New Age, but making an outsider understand what she did was always difficult. “That’s a piece of it for sure and what popular culture thinks of, but it’s not just that. It’s a complete way of life that brings out one’s own personal spiritual journey and taps into the power that an individual has in their own life.”
He took a sip of his coffee as he made direct eye contact with her. This guy didn’t crack any jokes or make fun of the concept. He just sat and intently watched and listened to what she had to say.
“How did you get into that?”
“It’s a long story maybe for another time, but the short answer is that I was not satisfied with the way my life was going. I was looking for more and needed to take control of my life instead of it being in someone else’s hands.”
“Believe me, I get that.”
“But that’s enough about me. What about you?”
“Nothing nearly as exciting as being CEO of a big tech company. I work construction and odd jobs. So it appears that you’re way out of my league.” He laughed.
“That’s ridiculous. I don’t judge someone by their career choice.” Looking only at the outside is what had gotten her in deep trouble before. She had moved beyond that.
“Really? That’s not something I hear every day.”
“Your career is only part of you. It doesn’t define you. I care more about getting to know what makes a person tick.”
He leaned forward. “I really like that approach. I’d like to know more about you. I know we’ve only just met, but I can’t help but feel like I’ve known you for much longer.” He picked up his cup and took another sip of his black coffee. “And yes, I guess that sounds like another awful pickup line.”
She laughed again. “Maybe just a little bit.”
“So what brings a powerful CEO out to the mall in the middle of the day?”
“I just needed some ‘me time’. I know that probably sounds very shallow.”
He shook his head. “Not at all. I imagine your job is very stressful.”
“You don’t know the half of it,” she said.
“I’m a good listener, if there’s anything you’d like to get off your chest. And since I don’t know your business or any of the people involved, I can be completely objective if you need any advice.”
She carefully considered Abe’s offer. “I am in a high-stress position. Made even more so because of the rocky relationship I have with our chief competitor in this town.”
“Wait,” he said. “There’s not one, but two New Age companies in this town? Isn’t that weird?”
She imagined it would seem very odd to an outsider. To someone who didn’t understand that Windy Ridge was the current epicenter of New Age thought … and even more of those who followed the evil one. “Windy Ridge is a unique town. There is a special interest here in New Age ideology. My competitor, Optimism, started first. My company, Astral Tech, was formed to provide an alternative to their company.”
“Well, by the brand names on your shopping bags, it looks like you’re doing well, right?”
He was perceptive. “Yes, very well, but the CEO of Optimism is always trying to get one step ahead of me. You know how it is with competitors. And I, being the competitive person I am, want my company to be at the top. We got sued by them last year and ended up settling for a variety of reasons, but I still haven’t let that go, you know?”
“Totally. I’m also very competitive. I hate losing. Can I ask you a weird question?’
“Sure.”
“Is this New Age stuff like a religion to you?”
“Religion has so many connotations.”
“Tell me about it.”
“Ah, not a religious man yourself?”
“No. Religion is messy.”
This man was getting better and better every minute. “Well, then, it seems like we are on the same page.”
“I think there’s a big hypocrisy problem with the church. Just look at that guy—that pastor who just got arrested. Did you see that? It’s all over the news.”
She nodded but was careful to keep her expression fixed. She couldn’t give away all she knew about this. “Yes, you’re right. It was a big story. I know people who have gone to that church, too.”
“It’s awful, those innocent people being taken advantage of. If that’s what it looks like to believe in the Christian faith, then I want no part of it, that’s for sure.”
“What about innocent until proven guilty?” She wanted to see how he responded to that.
“Come on. I mean, I still think he should have a fair trial, and if I were on the jury, I’d try my best. But sitting here with you today, if everything I hear about in the reports are true, then he’s a crooked man who deserves to go to prison for robbing those innocent people.”
“I totally agree with you, and he’ll get his day in court. He’ll end up getting the punishment that he deserves. It has been my experience that those who most loudly proclaim the faith are those who have the most to hide.”
“Sounds like you’ve been burned before.”
All right. Now they were starting to tread in dangerous territory. She wanted to deflect the conversation, but before she could say something else her phone started ringing. “Sorry about that. It’s work.” She looked down and saw some messages from her assistant.
“You probably need to get back to the office, huh?”
“Unfortunately.”
“I’ve really enjoyed this, though. Is there any way I could maybe see you again? Take you dinner?”
“I’d love that.” She pulled her business card out of her purse. “My office and cell are on there.”
“Great. I’ll call you.”
Nina Marie walked away feeling like her luck was about to change. Maybe she’d just found a good solution to her loneliness.
**
“Abe made contact with Nina Marie yesterday.” Grant sat across from Olivia in her new office at BCR. “He’s going to meet us here in a little bit to give us all the details, but I have some insight from our call.”
She cocked her head to the side. “How did that go?”
“Abe almost thought it was too easy. His impression is that Nina Marie was really interested in him and will accept a dinner invitation.”
“The more information he can get from her the better. Although, the subterfuge approach is a little troubling.”
“That’s how PI’s have to work sometimes, Olivia. We aren’t in a perfect world here. We have to take the battle to the enemy to be able to help Dan. Just keep that front and center in your mind.” He didn’t want her to get caught up in PI tactics. There was a larger battle waging.
“Believe me. I haven’t forgotten what’s at stake here—for Dan and the entire community.”
He had to shift gears for a minute. “Can we just take a step back for a second? Your new office is amazing. BCR really went all out with the opening of this office.”
“Yeah. The commute from Windy Ridge isn’t even that bad. Since they decided not to go into the heart of downtown Chicago, they were willing to be further out and that’s how we got such beautiful and spacious office space.”
Grant looked out the huge window and could see the Chicago skyline. The BCR office made his look simple by comparison. But BCR was a top global law firm, and he was basically a two-man plaintiff’s firm operation. They weren’t even in the same league.
From the fancy artwork hanging on the walls to the plush furniture, everything about the BCR office screamed money. He’d specifically taken a different path. Although right now, his and Olivia’s worlds intersected, he wasn’t under any delusion that their firms were on par.
“What’s even better than the cushy office are all the resources we have at our disposal. I spoke with Chet again and briefed him on the current state of the case. He’s all in as far as getting me whatever we need to defend this thing. So we should spare no expense.”
“Got it. I know we’re still in the process of trying to develop the defense—and get evidence to substantiate that Dan was framed, but can we also start thinking about themes?”
“Yes, but I have to say, that will depend somewhat on what the investigation turns up. I have to keep reminding myself, though, that this is a criminal case not a civil one. As the defense, we don’t have to prove Dan’s innocence. The burden of proof is on the prosecution to prove beyond a reasonable doubt all the elements to the embezzlement claim.”
“Right, because our system in America is innocent until proven guilty, but what about the tax fraud allegations?”
“We have to start with embezzlement. If we win on that claim, then there’s no tax fraud because he wouldn’t have had the money and withheld it from his tax returns.”
“True. We need to be able to present a plausible alternate explanation for all of this.”
“I think we have to be more direct with the jury than that. We have to push for it being a frame job from the start. There is no innocent reason for that money being taken out of the church account and put into Dan’s accounts. We need to be able to show that he didn’t move the money. Someone else moved that money and subsequently spent the money.”
“If this was a civil case, then you’d depose Beverly, but the criminal rules are different. I think the only way you’d be able to depose her is if you could demonstrate that the deposition would be needed to preserve testimony, but I don’t think you have that ground here. She’s going to be around for trial.”
“Yeah, I agree with you. She’s my prime suspect. I plan to try to break her. If I can’t do that in a deposition, then it will just have to be when she takes the stand.”
He smiled. This was the Olivia he knew.
“Why’re you smiling?’
“Because the old bulldog trial lawyer is back. I like seeing you in your zone.”
“Much better than the woe is me look, huh? I guess we all have moments of weakness, but right now I’m one hundred percent focused on proving Dan’s innocence. I’ve been doing a lot of thinking after our talk the other day, and you were really right. About everything. The spiritual battle is taking place all around us, but my job, first and foremost, is to advocate for Dan in the criminal case against him.”
“I think that’s the best course of action.”
“But I still can’t turn a blind eye to everything that is going on at church. I want to try to get through to Chris. Dan was much more sympathetic to Chris’s position than I am.”
“Once again, though, you win the case, you clear Dan’s name, then people will return to the church.”
“And what if there has been too much damage in the meantime?”
“I’m not saying to stick your head in the sand but to realize there are some things that are out of your control.”
“But they are not out of God’s control.”
“I honestly don’t know how you do it, Olivia. Always so steadfast, regardless of the circumstances.”
“If I lose my faith, Grant, then I lose everything.”
And in those words, he realized how much of a gulf there still was between the two of them. He didn’t know if he’d ever have that kind of unrelenting faith.
“You look like you’re deep in thought.”
“Just thinking that I’m a long way from you in the faith department.”
“We’ve had this discussion before. You’ll come to grow into your faith, Grant. Just give it time and put in the effort.”
“I’m trying. This whole thing feels like it has set me back a bit though.”
“Setbacks are normal. That’s no need to question everything or beat yourself up over it. Talk to me, Grant. Tell me what’s really bothering you.”
He ran his hand through his hair and wondered how he could try to explain himself to her. To a woman that never questioned her beliefs, but then he realized that she had understood him from the start and listened to him when he was a total skeptic. “My mind is all jumbled up. Right when I felt like I started to gain my footing, I feel like the rug has been pulled out from under me.”
“Is it the fact that Dan was accused of this or that you have doubts about his innocence?”
“I don’t even know. At first I was just caught completely off guard by the allegations. I’ve looked up to Dan since I got to know him. So it was a real kick to the gut to have this happen.”
She stood up and walked around the desk. Then she took his hand and pulled him up out of his seat. “You’re stronger than your realize, Grant. Don’t let doubt and fears overtake you at this point. That’s how the devil works. His schemes are intricate and well-played, but you have truth and the power of God on your side. I know this has all been so much to take in, but the biggest travesty of all would be if you step away from God because of it. That would destroy Dan. And even more than that…”
“What?” He waited a few seconds for her to respond.
“It would destroy me.”
It felt like something wrapped its hands around his heart and squeezed as he processed her words. She did care about him—he knew that, but did it go beyond her desire to bring him to God? “Olivia, don’t say things like that. I would never want to hurt you.” He grabbed onto her waist and pulled her closer to him.
She looked up at him with her beautiful brown eyes, and he could no longer think of anything else to do but the one thing he’d wanted to do since the moment he first met her.
He leaned down and pressed his lips firmly against hers. This wasn’t a simple peck. No, if he was going to make this leap, he wanted her to know that he had real feelings for her that went beyond the strong friendship they’d forged.
There was fear streaking through him—a fear of rejection, that she would push him back and say that she cared for him, but only as a friend. But it never happened.
She kissed him back just as fervently, her lips warm and soft against his. She wrapped her arms around his neck, and then he understood just how far he had fallen. He was invested like he’d never been with another woman before.
When he ended the kiss and pulled back from her, she was smiling.
“I’m glad you’re smiling and not hauling off to punch me in the face for overstepping.”
She laughed. “I just have one question.”
“Okay.” He held his breath waiting for her to ask.
“What took you so long?”