Black Maps

Chapter Twenty

Sometime in the night a wind started to blow, clouds moved in, and a cold, slanting rain began to fall. It was falling hard by morning, overwhelming windshield wipers, coursing down gutters and over curbs, and washing the streets in reflected neon. It was falling harder still at nine o’clock, when Mike Metz, Tom Neary, and I walked into the sixthfloor conference room at One St. Andrews Plaza, the offices of the U.S. attorney for the southern district of New York. It was raw and miserable outside, but it was nothing compared to the weather in there.

The conference room was narrow and stark. There was a long window on one wall, covered with metal Venetian blinds. The center set was pulled up, giving a shadowy view onto the backside of One Police Plaza. Rain beat at the glass, and everything outside was the color of wet pavement. The other walls were dingy white, adorned only by framed color photos of the president and the attorney general. The metal and plastic conference table was surrounded by a dozen swivel chairs, covered in worn, brown tweed. They clashed violently with the powder blue carpet. Fluorescent lights flickered and buzzed overhead.

Three men sat facing the window. One of them was Fred Pell. The other two were strangers to me. They were laughing loudly when the receptionist opened the door, but went dead quiet when she ushered us in. We took seats opposite them, Mike in the center. All three of us were suited up today-in navy blue with white shirts and dark ties. We could’ve been IBM salesmen. Or feds.

Pell sat closest to the door. He was dressed in a double-breasted blue pinstripe, and his skin looked gray under the fluorescent light. Next to him was an empty chair, and on the other side of that was a big, doughy guy in shirtsleeves and a red bow tie. He was in his mid-thirties and had thinning blond hair, cut short, pink cheeks, and twinkling blue eyes. Next to him was a smaller, wiry guy, also in his thirties, with unruly black hair and dark, quick eyes set in a bony face. He was in shirtsleeves too, but his were blue and his tie wasn’t bowed. In front of each of them were a yellow legal pad, a pen, and a cup of coffee. Pell had a small tape recorder, too. No one stood; no one shook hands. They gave us silence and cold, hard looks, and even Mr. Bow Tie did it pretty well.

Neary gave them back the dead-fish look-deader than any of them. I tried for boredom, and studied the president and the AG closely. Mike gave them a relaxed cordiality, introducing himself, handing out business cards, greeting Pell like this was a garden party and Mike was Martha Stewart.

“Special Agent Pell, it’s been a long time since I saw you upstate. Three years ago or so, wasn’t it? You’re looking very well.” Pell said nothing and tried to glare more. It made him look like he had gas. The other two identified themselves tersely. Mr. Bow Tie was Paul Conaway, and the wiry guy was Scott Katz, both assistant U.S. attorneys, working for Shelly DiPaolo. There were still no handshakes. Conaway told us that Shelly would be in momentarily. And then it was silent again.

I listened to the thin buzz of the lights and the muted sound of rain and wind outside. My hands felt cold, and my stomach was churning. It was nerves, the same kind of nerves I used to get at depositions or when I had to testify in court. I glanced at Mike. He had his game face on and looked a million miles away. Neary was looking more and more like a slab of granite. Then the door opened.

When I think “assistant U.S. attorney,” I don’t usually think “sexpot,” so Shelly DiPaolo took me by surprise. She was short, no more than five foot one, though her frosted blond hair added three more inches, and her black, spike-heeled pumps another four. Her small, curvy body was packed tight into a steel gray suit with a short skirt. Under her jacket she wore a scoop-necked silk blouse in cherry red, the same color as her nail polish and her lipstick.

Her red lips were full-bee-stung-and her chin was sharp, with a little dimple in it. She had high cheeks, a small, sharp nose, and big, brown eyes, made bigger still by a lot of well-applied makeup. She wore heavy gold earrings, several gold chains around her neck, and a thin gold chain around her ankle. There was lots of jewelry on her hands and wrists, too, but no wedding ring. Her perfume was powerful and expensive. I put her age at around forty, but I had to look close to do it.

“Debby, get me a coffee, will you?” she called into the hall. Her accent was heavy Brooklyn. She turned into the conference room, ignoring us. “You guys need a refill?” she asked her people. They shook their heads. She glanced at us and called into the hall again. “Just the one, Deb, black with sugar. Thanks, hon.” She shut the door and took the vacant seat next to Pell. Conaway whispered to her briefly, and she looked at us as she listened, then she nodded almost imperceptibly. Conaway spoke.

“We’re pretty busy around here, gentlemen, as you might imagine. So we want to make this short. It has come to the attention of this office that you are making private inquiries”-he had a faint Boston accent, and he made “private inquiries” sound like “practicing necrophilia”- “into matters directly related to an active federal investigation. We are naturally quite concerned about this. It can’t have escaped you that this office has a keen interest in Gerard Nassouli, and we take a dim view of anyone interfering with our witnesses, or potential witnesses. We’ve called you in today for two reasons: first, to ascertain your interest in this case, and second, to instruct you to cease your inquiries immediately.” I wasn’t sure if we were supposed to answer him or applaud his diction, but before we could do either, DiPaolo spoke.

“Let me offer you guys a little advice-no charge.” She drummed her red nails on the tabletop. Her hands were small but strong looking. “What you just heard is as nice as we get here. You answer our questions, we stay nice. You don’t,” she shrugged, “we try something different.

“I’ve found out enough about you guys to know that that probably doesn’t sit too well.” She turned to Neary. “Tom, I’ve known you for a while, and I know how you get when you think you’re right-how stubborn you can be.” Pell snorted, and DiPaolo shot him a silencing look. She turned to Mike. “Counselor, you I don’t know, but I asked around and learned a few things. Heard you were very smart, very… inventive, and that you hate to lose. Okay-you and me both.” Then she turned to me. “And you, what can I say? You got great press, buddy. Depending on who I talk to, I hear that you’re either a smart guy, a little arrogant maybe, but good at your work, or that you’re some kind of fucked-up rich kid, couldn’t cut it in the family biz, and now you’re playing at detective, or that you’re a cowboy, a showboat, and a screwup who should be doing time for murder-two.” She shook her head.

“The point is, I understand that each of you, in your own special way, is a real hard-on. Victims of that old testosterone poisoning. Shit, I know how it is, boys. I know how it screws up your little brains. I’ve worked with guys like you so long, I sometimes think I picked up a case of it myself. But you got to get over it-here and now. Take a minute before you answer. Think it over.”

We were all quiet for a while. Debby came in with coffee. DiPaolo blew on it and sipped some and looked at us. Mike spoke.

“We understand your concern, and we want to help you as much as we can. It’s certainly not our wish or intent to have anything to do with an active investigation.” Mike spoke softly and evenly. Except for DiPaolo, everyone on the other side of the table started taking notes. Katz looked at DiPaolo, and she nodded to him slightly.

“Yeah, that’s nice. Why don’t you start by telling us why you’re asking around about Gerard Nassouli.” Katz’s accent was also heavy Brooklyn.

“Sure,” Mike said. “Mr. March is conducting an investigation for me, as part of work that I’m performing for a client. In the course of this investigation we’ve come across what we believe may be a blackmail scheme, carried out by a person or persons, unknown. We think the scheme targets individuals who may have done business with Gerard Nassouli some time ago-fifteen years ago or longer-and that the perpetrators make use of documents that Nassouli would have had access to. Hence our interest in Nassouli.”

The three federal prosecutors had pretty good poker faces, but Pell put it all out there. Surprise, puzzlement, and anger played across his fat face.

“You’re making the right cooperative noises, counselor,” Katz said, “but you’re not actually telling us much. Let’s get specific here, starting with the name of your client.”

Mike smiled a genial, faraway smile. He looked at Katz and DiPaolo. “My client is very concerned with confidentiality. I’m sure you understand.”

But Shelly DiPaolo did not look understanding. Her dark eyes got hard and narrow, and her full lips drew back over small, white teeth.

“Fine, counselor,” she said, “you made your choice. You want to play it this way, that’s okay.” She turned to me. “You, you want to tell me who you’re working for and who you’ve been talking to?”

I looked at Mike. He nodded. “I’m working for Mr. Metz, and I’ve been informed by him that everything I’ve done or discovered in the course of my investigation is considered attorney work-product, and is to be held in the strictest confidence.”

Katz responded. “Did Mr. Metz tell you that the legal ground under that assertion is pretty fucking thin when it comes to keyhole peepers like you? That it might just open up under your feet and swallow you whole? How’d you like to add contempt or obstruction charges to your resume?”

I looked at the president’s photo. He had a nice tie on, and it went well with his suit. Mike answered for me. “I don’t think the legal ground is all that shaky, Mr. Katz.”

Katz looked pale, and his thin mouth was set in a hard frown. “Fine, we can roll the dice and see how a judge feels about it,” Katz said, then he looked at me. “But you should know, March, it’s your ass he’s gambling with. Attorney-client confidentiality protects him just fine. You’re the one that’ll take the fall on this. Think about it.”

“And perhaps Mr. Metz hasn’t mentioned,” Conaway chimed in, “that a client’s name is not itself protected information under attorney work-product confidentiality. Indeed, counselor,” he turned to Metz, “it’s not covered under broader attorney-client protections, either.”

Mike looked at DiPaolo without expression. DiPaolo turned to Neary. “Speaking of gambling… how’re you doing in all this, Tom? As far as I can see, you’ve got no protection against anything. You know who this client is?”

“Nope,” Neary said.

DiPaolo looked at him more and shook her head. “How about the blackmail victims-know any of them?”

“Nope.”

“So what’d they want from you?”

“A look-see at procedures and systems-how documents get handled, how the liquidation teams work, a tour of the offices. We’ve done it before, for other Brill offices, outside investigators, even some government types-the standard busman’s-holiday tour.”

DiPaolo turned back to Mike. “What’s your interest in that stuff?”

Mike smiled again. “Our working hypothesis is that the blackmailers are using documents that Nassouli would’ve had access to. But we believe it’s possible that others may have had access to those documents. Someone on the liquidation team, for example, or someone in the investigation.”

The prosecutors were stony faced, but Pell was looking apoplectic. He was sputtering, and his face was getting maroon, and he couldn’t contain himself.

“What kind of crap…” DiPaolo gave him another icy look, and he shut up. She was quiet for a while.

“That’s one hell of a theory, pal. Really great. It could call our whole chain of evidence into question. A fucking exculpatory wet dream for defense counsel. Maybe somebody thinks up a damages suit, too, and who knows what else. It’s the kind of inflammatory, irresponsible crap that can trash an investigation. Do wonders for Brill’s reputation, too.” She looked at Tom. “That why you gave them the tour?” she asked him.

“Yep,” he said.

“Find anything?”

Tom paused. “My understanding is they’re looking for things from Nassouli’s personal files. As far as I know, we’ve never had any of that stuff,” he said. I thought a look of relief flitted over DiPaolo’s face, but it was gone before I could be sure. If she was relieved, Mike quickly rained on her parade.

“We’ve discussed the possibility that someone on the liquidation team or in the investigation might have kept those documents out of the system altogether,” he said.

“And your theory is based on… what?” she asked him.

Mike looked apologetic. “I’m sorry, but-”

Shelly cut him off. “Cut the crap, counselor. You’re screwing with my witnesses, spouting this irresponsible shit that can fuck my investigation big time, then you and Bruce Wayne here,” she gestured at me, “you hide behind attorney-client protections. Except you won’t name your fucking client! You can’t be this stupid, Metz. You must know the shit storm that’s going to come down on you.”

Mike was quiet for a while. “We have no desire to share our theories or discuss this case at all, with anyone, Ms. DiPaolo,” he said evenly. “Frankly, we wouldn’t be discussing it with you, if you hadn’t invited us in. We’re not talking to any defense counsel, we’re not making statements or giving depositions, and if anyone asked us to, we’d claim attorney-client confidentiality. As I said, we have no wish to be involved in an active investigation.”

“Then why are you messing with Trautmann?” Katz asked.

“Mr. Trautmann came to our attention as a close associate of Gerard Nassouli,” Mike answered.

“Why did you assault Trautmann?” Katz asked me. I glanced at Mike. “Don’t look at him, goddamn it, look at me. Answer my fucking question,” Katz snarled. Mike nodded.

“Trautmann assaulted me. I defended myself.”

“That’s your story. Could be he’ll want to press charges,” Katz said.

“Could be I’ll do the same-against him, and Slim there, too.” I flicked a thumb at Pell. Pell’s face clenched, and for a second he was going to come across the table, but DiPaolo put a hand on his arm. Mike gave me a warning look.

“Counselor,” Shelly DiPaolo said, “we’re reaching the end of useful conversation here. Paulie pointed out a few minutes ago that your client’s name is not protected information. And since you didn’t give him one of your slick, friendly answers, I assume you know it too. So, what’s it going to be? You going to answer questions here, or in front of a grand jury?” Mike smiled at her.

“Mr. Conaway’s point is well taken. But I’m sure you know that if you want to bring me before a grand jury, you’ll need probable cause. From where I sit, I don’t see that you have it.”

Shelly DiPaolo was perfectly still, staring at Mike. Katz and Conaway shifted uncomfortably in their seats. Only Pell looked pleased-excited, in fact. When DiPaolo spoke, her voice was menacing.

“ ‘From where you sit,’ huh? Then you must be sitting with your head up your ass, Metz. How about that your client has knowledge of criminal conduct material to this investigation? How about that you and March have knowledge of documents sought as evidence by this investigation? How about that you and March have conspired to tamper with evidence and witnesses? How about that the two of you are interfering with the conduct of a federal investigation? How’s that for probable cause? How about I subpoena every fucking piece of paper you have on this case, and you spend the next six months Xeroxing and testifying? How does that look from where you sit, asshole?” Mike and DiPaolo looked at each other, without expression, for a long moment. Then Mike sighed.

“Frankly, I’m disappointed, Ms. DiPaolo. And I think, perhaps, I should be speaking to someone else.”

The room was still and full of brittle silence. Everyone was looking at Shelly. She was pale, and her jaw was rigid. She stared at Mike, who seemed distant in the way that Pluto is distant. Then slowly and without rhythm, she began to drum her red nails on the tabletop. When she spoke, it was almost a whisper.

“I don’t know what you think you’re playing at, Metz, but it’s a dangerous fucking game,” she said.

“I’m not playing at anything,” Mike said, his voice steady, but with an edge to it now. “And if I was, I wouldn’t be playing with you. As you said, I’m not that stupid. I don’t want much here, and mostly what I want is to keep my client out of your way. His dealings with Nassouli ended nearly two decades ago, and to the best of my knowledge he’s done nothing that would warrant your attention.

“Our only interest in Nassouli-in the whole investigation-relates to Nassouli’s personal files. And I’d think you’d be curious too. If Nassouli has the files, and you have Nassouli, then I’d think you’d want to know if he had a side business going. If he doesn’t have the files, then I’d think you’d want to know if someone-maybe on your team, or on Neary’s-had them and was up to no good. I’d like to work something out with you, Ms. DiPaolo, in a way that benefits us both, and protects my client. If you don’t want to do that… well, that’s unfortunate. But if that’s the case, then maybe your colleague in San Diego, Mr. Perez, would be interested.

“So, if you think you can make probable cause out of all that smoke-fine, take your shot. But if you do, I think you’ll be missing an opportunity. I think we both will. ”

The rain was loud on the window. Conaway and Katz looked at Mike with disbelief, and maybe a little admiration. Pell looked impatient and a little confused, wondering when the blood was going to flow. Shelly looked down at her fingers, still drumming on the table. She shook her head in wonder and finally spoke, in low tones.

“I don’t believe this. You son of a bitch, you’re trying to strong-arm me. You’ve got nothing to trade with, and you’re trying to strong-arm me. If nothing else, you’ve got balls, Metz.” She laughed harshly. Then she leaned forward and pointed at Mike. “Well, enjoy them while you can, asshole, ’cause by the end of the day, they’re going to be in my pocket. And you two,” she pointed at Neary and me, “I’m going to see if I can’t have your licenses tacked up on my wall by the end of the week- just for giggles.” We didn’t say anything. No one said anything, except Pell, who couldn’t suppress a chuckle. “Now get out of here,” DiPaolo said, “I’ve got work to do.”