The Racketeer Read online

  bank. During my first visit nine weeks ago, I rented two of the largest lockboxes available. Alone with them now, I leave some cash and worthless papers, and I wonder how long it will be before they are filled with little gold bars. I flirt on the way out and promise to be back soon.

  I rent a convertible Beetle for a month, put the top down, fire up a Lavo, and begin a tour of the island. After a few minutes, I feel dizzy. I can’t recall the last time I smoked a cigar and I’m not sure why I’m doing so now. The Lavo is short and black and even looks strong. I toss it out the window and keep driving.

  FedEx wins the race. The first packages arrive Monday around noon, and because I have been anxiously roaming the grounds of Sugar Cove, I see the truck when it pulls up. Miss Robinson, the pleasant lady who runs the office, has by now heard the full version of the fiction. I am a writer/filmmaker, holed up in her villas for the next three months, working desperately to finish a novel and a screenplay based on said novel. My partners, meanwhile, are already filming preliminary scenes. Blah, blah, blah. Therefore, I am expecting approximately twenty overnight packages from Miami: manuscripts, research memos, videos, even some equipment. She is visibly impressed.

  I’m really looking forward to the day when I can stop lying.

  Inside my villa, I open the boxes. A backgammon set yields two bars; a toolbox, four; a hardback novel, one; and another backgammon set, two. A total of nine, all apparently untouched during their journey from Miami to Antigua. I often wonder about their history. Who mined the gold? From which continent? Who minted it? How did it get into this country? And so on. But I know these questions will never be answered.

  I hustle into St. John’s, to the Royal Bank of the East Caribbean, and put the precious ingots to rest.

  My second e-mail to Messrs. Westlake and Mumphrey reads:

  Hey Guys:

  It’s me again. Shame on you for not responding to my e-mail of two days ago. If you want to find Judge Fawcett’s killer, then you need to work on your communication skills. I’m not going away.

  I’ll bet your initial reaction is to trump up some bogus indictment and come after me and Quinn Rucker. You can’t help this because you are, after all, the Feds, and it’s just your nature. What is it about our prosecutorial system that makes guys like you want to put everyone in jail? It’s pathetic, really. I met dozens of good people in prison; men who wouldn’t physically harm anyone and men who would never screw up again, yet, thanks to you, they’re serving long sentences and their lives are ruined.

  But I digress. Forget another indictment. You can’t make the charges stick, not that that has ever slowed you down, but there is simply no section of your vast Federal Code that you can possibly use against me.

  More important, you can’t catch me. Do something stupid, and I’ll disappear again. I’m not going back to prison, ever.

  I have attached to this e-mail four color photographs. The first three are of the same cigar box, a dark brown wooden box handcrafted somewhere in Honduras. Into this box, a worker carefully placed twenty Lavos, a strong, black, rich, near-lethal cigar with a cone tip. The box was shipped to an importer in Miami, and from there sent to Vandy’s Smokes in downtown Roanoke where it was purchased by the Honorable Raymond Fawcett. Evidently, Judge Fawcett smoked Lavos for many years and kept the empty boxes. Perhaps you found a few when you searched the cabin after the murders. I have a hunch that if you check with the owner of Vandy’s he’ll be well acquainted with Judge Fawcett and his rather rare taste in cigars.

  The first photo is of the box as it would appear in a store. It’s almost a perfect five-inch square, and five inches in height-unusual for a cigar box. The second photo is a side shot. The third is of the box’s bottom, clearly showing the white sticker of Vandy’s Smokes.

  This box was taken from Judge Fawcett’s safe shortly before he was executed. It is now in my possession. I would give it to you, but the killer’s fingerprints are most certainly on it, and I’d hate to ruin the surprise.

  The fourth photo is the reason we’re all at the table. It is of three, ten-ounce, gold ingots, perfect little mini-bars without the slightest hint of registration or identification (more about this later). These little dudes were stacked thirty to a cigar box and tucked away in Judge Fawcett’s safe.

  So, one mystery is now solved. Why was he murdered? Someone knew he had a pot of gold.

  The big mystery, though, still haunts you. The killer is still out there, and after six months of bumbling, stumbling, goose chasing, puffing, posturing, and lying, you DO NOT HAVE A CLUE!

  Come on guys, give it up. Let’s cut a deal and close this file.

  Your friend, Malcolm

  Victor Westlake canceled yet another dinner with his wife and at 7:00 p.m., Friday, walked into the office of his boss, the Director of the FBI, Mr. George McTavey. Two of McTavey’s assistants stayed in the office to take notes and fetch files. They gathered around a long conference table, all exhausted from another interminable week.

  McTavey had been fully briefed, so there was no need to cover old territory. He began with his trademark “Is there anything that I don’t know?” This question could always be anticipated, and it had damned well be answered truthfully.

  “Yes,” Westlake replied.

  “Let’s hear it.”

  “The spike in the price of gold has created a huge demand for the stuff, so we’re seeing all sorts of scams. Every pawnbroker in the country is now a gold trader, so you can imagine the crap that’s being bought and sold. We ran an investigation last year in New York City involving some rather established traders who were melting gold, diluting it, then passing it along as basically pure. No indictments yet, but the case is not closed. In the course of this, an informant who worked for a dealer got his hands on a ten-ounce bar with no ID stamped on it. Ninety-nine point nine percent pure, really fine stuff, and an unusual price. He dug around and found out that a man named Ray Fawcett came in from time to time and sold a few bars, at a slight discount, for cash of course. We have a video of Fawcett in the store on Forty-Seventh Street back in December, two months before he was murdered. Apparently, he drove to New York a couple times a year, did his trading, and drove back to Roanoke with a sackful of cash. The records appear to be incomplete, but based on what we have it looks as though he sold at least $600,000 worth of gold over the past four years in New York City. There is nothing illegal about this, assuming, of course, the gold was rightfully owned by Fawcett.”

  “Interesting, but?”

  “I showed Bannister’s photo of the gold to our informant. In his words, they are identical. Bannister has the gold. How much, we have no way of knowing. The cigar box checks out. The gold checks out. Assuming he got the gold from the killer, then he certainly knows the truth.”

  “And your theory is?”

  “Malcolm Bannister and Quinn Rucker served together at Frostburg, and they were closer friends than we realized. One of them knew about Fawcett and his stash of gold, and they planned their racket. Rucker walks away from prison, goes into rehab for his alibi, and they wait for the killer to strike. He does, and their plan suddenly becomes operational. Bannister squeals on Rucker, who gives a bogus confession, which leads to an immediate indictment, and Bannister walks. Once he’s out, he goes through witness protection, leaves it, somehow finds the killer and the gold.”

  “Wouldn’t he have to kill the killer to get his gold?”

  Westlake shrugged because he had no idea. “Maybe, but maybe not. Bannister wants immunity, and we’re betting he’ll also demand a Rule 35 release for Rucker. Quinn has five more years on his original sentence, plus a few extra for the escape. If you’re Bannister, why not try to get your buddy out? If the killer is dead, then Rule 35 might not work for Quinn. I don’t know. The lawyers are downstairs scratching their heads.”

  “That’s always comforting,” McTavey said. “What’s the downside of dealing with Bannister?”

  “We dealt with him last time and he l
ied to us.”

  “Okay, but what does he gain by lying now?”

  “Nothing. He has the gold.”

  McTavey’s tired and worried face suddenly became jovial. He chuckled, threw his hands into the air, and said, “Beautiful, brilliant, I love it! We gotta hire this guy because he’s a lot smarter than we are. Talk about a set of balls. He gets his dear friend indicted for the capital murder of a federal judge and he knows the entire time he can get it unraveled and walk him out. Are you kidding me? We look like a bunch of fools.”

  Westlake couldn’t help but join in the fun. He smiled and shook his head in disbelief.

  McTavey said, “He’s not lying, Vic, because he doesn’t have to. Lies were important earlier, during the first phase of the project, but not now. Now it’s time for the truth, and Bannister knows the truth.”

  Westlake nodded in agreement. “So what’s our plan?”

  “Where’s the U.S. Attorney on this? What’s his name?”

  “Mumphrey. He’s squawking about another indictment, but it’s not going to happen.”

  “Does he know everything?”

  “Of course not. He doesn’t know that we know Fawcett was selling gold in New York.”

  “I’m having brunch with the AG in the morning. I’ll explain what we’re doing and he’ll get Mumphrey in line. I suggest the two of you meet with Bannister as soon as possible and tie up the loose ends. I’m really tired of Judge Fawcett, Vic, know what I mean?”

  “Yes sir.”

  CHAPTER 42

  I wait for another delayed flight inside the sweltering terminal of V. C. Bird International Airport, but I’m not the least bit annoyed or anxious. By now, my fourth day on Antigua, my wristwatch is in a drawer and I’m on island time. The changes are subtle, but I am slowly purging my system of the frenetic habits of modern life. My movements are slower; my thoughts, uncluttered; my goals, nonexistent. I’m living for today and casting an occasional, lazy eye at tomorrow; other than that, don’t bother me, mon.

  Vanessa looks like a model when she bounces down the steps of the commuter flight from San Juan. A straw hat with a wide brim, designer shades, a summer dress that is delightfully short, and the easy grace of a woman who knows she’s a knockout. Ten minutes later, we’re in the Beetle and I have a hand on her thigh. She informs me she has been fired from her job because of excessive time off. And insubordination. We laugh. Who cares?

  We go straight to lunch at the Great Reef Club, on a bluff overlooking the ocean, with a view that is hypnotic. The crowd is well-heeled and British. We are the only black diners, though all of the staff is of our kind. The food is just okay, and we vow to search out the local joints so we can eat with real people. I guess we’re technically rich, but it seems impossible to think in those terms. We don’t necessarily want the money as much as we want the freedom and security. I suppose we’ll grow accustomed to a better life.

  After a dip in the ocean, Vanessa wants to explore Antigua. We put the top down, find a reggae station on the radio, and fly along the narrow roads like two young lovers finally escaping. Rubbing her legs and watching her smile, I find it difficult to fathom that we have made it this far. I marvel at our luck.

  The summit is at the Blue Waters Hotel, on the northwestern tip of the island. I walk into the colonial-style main house, into the breezy lobby, all alone. I spot a couple of agents in bad tourist clothing as they sip sodas and try to appear innocuous. A real tourist here has an easy, casual look, while a Fed posing as a tourist looks like a misfit. I wonder how many agents, assistant attorneys, deputy directors, et cetera, managed to wedge themselves into this quick little trip to the islands, spouses included of course, courtesy of Uncle Sam. I walk through archways, past gingerbread woodwork, along picket fences to a wing where business can be done.

  We meet in a small suite on the second level, with a view of the beach. I am greeted by Victor Westlake, Stanley Mumphrey, and four other men whose names I don’t even try to remember. Gone are the dark suits and drab ties, replaced by golf shirts and Bermuda shorts. Though it’s early August, most of the pale legs in the room have not seen the sun. The mood is light; I’ve never seen so many smiles in such an important gathering. These men are elite crime fighters, accustomed to hard, humorless days, and this little diversion is a dream for them.

  I have one final, nagging doubt that this could be a setup. I could be walking into a trap, with these boys ready to spring an indictment, a warrant, an extradition order, and whatever else it might take to drag me back to jail. In that event, Vanessa has a plan, one that assures the protection of our assets. She is two hundred yards away, waiting.

  There are no surprises. We’ve talked enough on the phone to know the parameters, and we get down to business. On a speaker-phone, Stanley places a call to Roanoke, to the office of Dusty Shiver, who now represents not only Quinn Rucker but his sister Vanessa and me. When Dusty is on the phone, he makes some lame crack about missing all the fun down in Antigua. The Feds roar with laughter.

  We first review the immunity agreement, which basically says the government will not prosecute me, Quinn, Vanessa Young, or Denton Rucker (a.k.a. Dee Ray) for any possible wrongdoing in the murder investigation of Judge Raymond Fawcett and Naomi Clary. It takes fourteen pages to say this, but I’m satisfied with the language. Dusty has reviewed it too and wants a couple of minor changes from Mumphrey’s office. Being lawyers, they are required to haggle for a bit, but eventually come to terms. The document is redrafted, in the room, then signed and e-mailed to a federal magistrate on call in Roanoke. Thirty minutes later, a copy is e-mailed back with the magistrate’s approval and signature. In a legal sense, we are now Teflon.

  Quinn’s freedom is a little more complicated. First, there is an Order of Dismissal that clears him of all charges relating to the murders, and it contains some benign language inserted by Mumphrey and his boys that attempts to soften the blame for their misguided prosecution. Dusty and I object, and the language is eventually removed. The order is e-mailed to the magistrate in Roanoke, and he signs it immediately.

  Next is a Rule 35 motion to commute his sentence and set him free. It has been filed in the D.C. federal court from which he was sentenced for cocaine distribution, but Quinn is still in jail in Roanoke. I repeat what I’ve said several times already: I will not complete my end of the deal until Quinn has been released. Period. This has been agreed upon, but it takes the coordinated movements of several people, with instructions now coming from the speck of an island nation known as Antigua. Quinn’s sentencing judge in D.C. is on board, but he’s tied up in court. The U.S. Marshals Service feels the need to intrude and insists on moving Quinn when the time comes. At one point, five of the six lawyers in my meeting are on their cell phones, two while pecking away at laptops.

  We take a break, and Vic Westlake asks me to join him for a cold drink. We find a table under a terrace beside a pool, away from the others, and order iced tea. He feigns frustration with the wasted time and so on. I am assuming he’s wearing a wire of some variety, and he probably wants to talk about the gold. I’m all smiles, the laid-back Antiguan now, but my radar is on high alert.

  “What if we need your testimony at trial?” he asks gravely. This has been discussed at length and I thought things were clear. “I know, I know, but what if we need some extra proof?”

  Since he does not yet have the name of the killer, or the circumstances, this question is premature, and it’s probably a warm-up to something else.

  “My answer is no, okay? I’ve made that clear. I have no plans to ever return to the U.S. I’m seriously considering renouncing my citizenship and becoming a full-fledged Antiguan, and if I never set foot on U.S. soil again, I’ll die a happy man.”

  “Somewhat of an overreaction, don’t you think, Max?” he says in a tone I despise. “You now have full immunity.”

  “That might be easy for you to say, Vic, but then you’ve never spent time in prison for a crime you didn’t commit. The
Feds nailed me once and almost ruined my life; it’s not going to happen again. I’m lucky in that I’m getting a second chance, and for some strange reason I’m a bit hesitant to subject myself to your jurisdiction again.”

  He sips his tea and wipes his mouth with a linen napkin. “A second chance. Sailing off into the sunset with a pot of gold.”

  I just stare at him. After a few seconds he says, a bit awkwardly, “We haven’t discussed the gold, have we Max?”

  “No.”

  “Let’s give it a go, then. What gives you the right to keep it?”

  I stare at a button on his shirt and say, clearly, “I don’t know what you’re talking about. I do not have any gold. Period.”

  “How about the three mini-bars in the photo you e-mailed last week?”

  “That’s evidence, and in due course I’ll give them to you, along with the cigar box in the other photo. I suspect these little exhibits are covered with fingerprints, both Fawcett’s and the killer’s.”

  “Great, and the big question will be, Where’s the rest of the gold?”

  “I don’t know.”

  “Okay. You must agree, Max, that it will be important to the prosecution of the killer to know what was in Judge Fawcett’s safe. What got him killed? At some point, we’ll have to know everything.”

  “Perhaps you won’t know everything; you never will. There will be ample evidence to convict this killer. If the government botches the prosecution, it will not be my problem.”

  Another sip, a look of exasperation. Then, “You don’t have the right to keep it, Max.”

  “Keep what?”

  “The gold.”

  “I do not have the gold. But, speaking hypothetically, in a situation like this it seems to me the loot belongs to no one. It’s certainly not the property of the government; it wasn’t taken from the taxpayers. You never had possession of it, never had a claim. You’ve never seen it and you’re not sure, at this point, if it even exists. It doesn’t belong to the killer; he’s a thief as well. He stole it from a public official who obtained it, we assume, through corruption. And if you could possibly identify the original source of the loot and tried to return it, those boys would either dive under a desk or run like hell. It’s just out there, sort of in the clouds, like the Internet, owned by no one.” I wave my hands at the sky as I finish this well-rehearsed response.

  Westlake smiles because we both know the truth. There’s a twinkle in his eye, as if he wants to laugh in surrender and say, “Helluva job.” Of course, this doesn’t happen.

  We make our way back to the suite and are told that the judge in D.C. is still occupied with more important matters. I’m not about to lounge around the table with a bunch of federal boys, so I go for a walk on the beach. I call Vanessa, tell her things are proceeding slowly, and, no, I have not seen handcuffs or guns. So far, it’s all aboveboard. Quinn should be released soon. She tells me Dee Ray is in Dusty’s office waiting for their brother.

  During his lunch break, the judge who had sentenced Quinn to seven years for trafficking reluctantly signed a Rule 35 order of commutation. The day before he had chatted with Stanley Mumphrey, Victor Westlake and his boss, George McTavey, and to underline the importance of what was before him, the Attorney General of the United States.

  Quinn was immediately taken from the jail in Roanoke to the law offices of Dusty Shiver, where he hugged Dee Ray and changed into some jeans and a polo. One hundred and forty days after being arrested as a fugitive in Norfolk, Virginia, Quinn is a free man.

  It’s almost 2:30 by the time all the orders and documents are properly signed, examined, and verified, and at the last minute I step outside the room and call Dusty. He assures me we’ve “got ’em by the throat,” all paperwork is in order, all rights are being protected, all promises are being fulfilled. “Start singing,” he says with a laugh.

  Six months after I arrived at the Louisville Federal Correctional Institution, I agreed to review the case of a drug dealer from Cincinnati. The court had badly miscalculated the term of his sentence, the mistake was obvious, and I filed a motion to get the guy released immediately with time already served. It was one of those rare occasions in which everything worked perfectly and quickly, and within two weeks the happy client went home. Not surprisingly, word spread through the prison and I was immediately hailed as a brilliant jailhouse lawyer capable of performing miracles. I was inundated with requests to review cases and do my magic, and it took a while for the buzz to die down.

  Around this time, a guy we called Nattie entered my life and consumed more time than I wanted to give. He was a skinny white kid who’d been busted for meth distribution in West Virginia, and he was adamant that I review his case, snap my fingers, and get him out. I liked Nattie, so I looked at his papers and tried to convince him there was nothing I could do. He began talking about a payoff; at first there were vague references to a lot of money stashed somewhere, and some of it might be mine if I could only get Nattie out of prison. He refused to believe I could not help him. Instead of facing reality, he became more delusional, more convinced I could find a loophole, file a motion, and walk him out. At some point, he finally mentioned a quantity of gold bars, and I figured he had lost his mind. I rebuffed him, and to prove his point he told me the entire story. He swore me to secrecy and promised me half of the fortune if I would only help him.

  As a child, Nattie was an accomplished petty thief, and in his teenage years drifted into the world of meth. He moved around a lot, dodging drug enforcement agents, bill collectors, deputies with warrants, fathers with pregnant daughters, and pissed-off rivals from other meth gangs. He tried several times to go straight but easily fell back into a life of crime. He was watching his cousins and friends ruin their lives with drugs, as addicts and convicted felons, and he really wanted something better. He had a job as a cashier in a country store, deep in the mountains around the small town of Ripplemead, when he was approached by a stranger who offered him $10 an hour for some manual labor. No one in the store had ever seen the stranger, nor would they ever again. Nattie was making $5 an hour, cash, off the books, and jumped at the chance to earn more. After work, Nattie met the stranger at a pre-arranged spot and followed him along a narrow dirt trail to an A-frame cabin wedged into the side of a steep hill, just above a small lake. The stranger introduced himself only as Ray, and Ray was driving a nice pickup truck with a wooden crate in the back. As it turned out, the crate contained a five-hundred-pound safe, too much for Ray to handle by himself. They rigged a pulley with a cable over a tree branch and managed to wrestle the safe out of the truck, onto the ground, and eventually into the basement of the cabin. It was tedious, backbreaking work, and it took almost three hours to get the safe inside. Ray paid him in cash, said thanks and good-bye.

  Nattie told his brother, Gene, who was in the vicinity hiding from the sheriff two counties away. The brothers became curious about the safe and its contents, and decided to investigate. When they were certain Ray had left the cabin, they attempted to break in but were stopped by heavy oak doors,