Chapter Nine #2
“Good. Let’s jump into it. Here’s what I’m thinking, Andie.
You are the only woman in a thirty-three-person indictment.
The prosecutors assigned to the case are white men.
Regretfully, so am I. Depending on what you tell us today and over the course of the next few weeks, we will assess the merits of your case and decide whether you should plead out early or negotiate for a deferred prosecution.
In any event, the short term is going to be filled with uncertainty.
Samantha is a very competent young associate who will be in every meeting with us, both here and with the prosecutors.
It’s likely to get bumpy, because from the indictment and the arraignment, it looks to me like the US Attorney’s Office wants to make an example out of you.
Their endgame here is so numbingly transparent, it makes me wish there was a mechanism to file sanctions.
But it’s the government against you, and we have to play ball. ”
Andie was stoic. The New York Post article said she was facing up to five years in prison.
“Are you aware of Section 1955 of the US Criminal Code?” he asked.
She shook her head. “I wasn’t until yesterday.”
He nodded. “All three of us are going to need to get intimately acquainted with it. Samantha, can you pull it?”
I reached for the envelope and pulled out the papers. “I printed three copies,” I said, hoping that I’d at least gotten something right.
Eddie handed a copy to Andie and kept one for himself. “Great. We’ll go through this next. But before we do that, I want to be straightforward here.”
He took off his readers and looked directly at Andie.
“I’ve agreed to represent you, but I can’t guarantee what the outcome will be.
It’s important that you understand that.
Depending on the facts that we learn, I’ll decide if it’s worth trying to negotiate with the government.
But I need one thing from you right now, and that is complete honesty and transparency.
Under no circumstances can you cherry-pick facts or the questions you answer truthfully.
I can’t do my job if you’re dishonest with me.
Samantha and I are bound by attorney-client privilege, which means nothing that you tell us leaves this room unless we collectively agree to disclose it to the government. ”
He tapped the readers on the table. “Can I count on you to tell us everything we need to know?”
She looked unconvinced. “Yes, but I also need to be able to trust you. I’ve been burned over the past couple of years, and getting slapped with an indictment by the government takes the cake.
Defending myself could mean ruining other people’s lives.
I’m not willing to do that,” she said, her voice heavy.
Eddie inhaled sharply as he tapped his pen on the conference table.
“I understand that. But it’s kill or be killed when the government gets involved, and whoever these people are, I guarantee you that when push comes to shove, they’d give you up in a second to save themselves.
We’re not going to name any names you don’t want to, but my job is to tell you when I think you need to talk in order to help your case.
If you don’t want to take my advice, that will be your choice. ”
Andie met my eyes for the first time in the meeting. “I never want to hear any of these names repeated outside of this room,” she said coldly.
I nodded. “Of course. That’s my job.”
“Andie, Samantha is a professional. She’s at this firm for a reason.
I know we don’t trust each other yet, but I never want you to walk into a room—whether it’s here or at the US Attorney’s Office—and be the only woman in that room.
If there are things you’re not comfortable talking to me about, you can tell Samantha, and she’ll find a tactful way to get me the information.
I’m not trying to make this about gender, but in my opinion, that’s what the government wants to do—and so I’m doing what I can to counteract that with your defense team. ”
“I’m used to dealing with men. I get along better with them. I always have,” she said sharply.
I looked down at my legal pad, trying not to look as uneasy as I felt.
“But Eddie—I trust your instincts. I hired you because you’re the best, and you’re used to the absurdity of the world I come from. So to answer your question, yes. I can promise honesty and transparency. Can we get started now?”
The rest of the meeting played out like a who’s who of Oscar-winning celebrities, politicians, and Wall Street elites. No one was left out. I deadpanned each name drop and salacious detail.
Four hours later, Andie left for her hotel, and Eddie rubbed his temples.
“Jesus, that was long. Thanks for stepping up today. Do me a favor and get those notes into a concise memo, then start researching recent Second Circuit cases with the antigambling statute. We’ll pick this up tomorrow.”
I couldn’t wait to tell Charlie everything.