civica

Chapter 5 - The Deposition from Hell

The conference room on the twelfth floor of the Capitol Square building smelled of expensive carpet cleaner, lemon furniture polish, and ozone from the laser printer in the corner.

It was nine in the morning on a rainy Thursday.

Daniel sat across the mahogany table from me, flanked by two attorneys. Marcus Vance was still there, but seated beside him was Richard Gallagher—a senior partner known throughout Franklin County as the legal equivalent of a sledgehammer. Gallagher had silver hair, a custom-tailored bespoke suit, and eyes that held all the warmth of a frozen pond.

Daniel looked completely different from the panicked mess who had screamed in Evelyn’s kitchen. He had gotten a fresh haircut. His charcoal suit was pressed. He sat upright, his hands folded neatly on the table, wearing the composed, sorrowful expression of an aggrieved family man who was merely enduring an unfortunate misunderstanding.

Clare sat beside me, her blue folder open, a court reporter tapping silently on a stenotype machine at the head of the table.

“We are on the record,” the reporter said.

Gallagher cleared his throat, leaning forward. “Before Ms. Donnelly begins her examination, I want to state for the record that Mr. Morgan has acted in total good faith throughout this process. Any clerical errors regarding mortgage applications were the result of misunderstandings between independent lending brokers and my client, who was operating under tremendous emotional distress due to the breakdown of his marriage.”

Clare didn’t even blink. “Thank you for that speech, Mr. Gallagher. Let’s swear in the witness.”

Daniel raised his right hand, swore to tell the truth, and rested his hands back on the mahogany wood.

“State your full name for the record,” Clare began.

“Daniel James Morgan.”

“Mr. Morgan, on December fourteenth of last year, did you submit, or cause to be submitted, a mortgage pre-authorization form to First Colony Mortgage for a property located on Cambridge Boulevard in Grandview Heights?”

Daniel gave a measured, solemn nod. “I explored financing options, yes.”

“Did you authorize the inclusion of Rachel Morgan’s W-2 earnings, employer details, and personal retirement balances on that form?”

“My understanding was that as a married couple, our joint financial profile was standard for preliminary rate checks,” Daniel said smoothly. “Rachel and I had discussed buying an investment property for our future daughter’s college fund. I was simply exploring scenarios.”

I let out a soft, involuntary breath through my nose.

*An investment property for Sophie’s college fund.*

The audacity was almost breathtaking.

Clare didn’t get angry. She turned a page in her folder.

“Mr. Morgan, when you explored this scenario for your daughter’s college fund, did you inform the loan officer, Madison Blake, that the property would be occupied as a primary residence by yourself and Ms. Blake?”

Gallagher tapped the table. “Objection. Compound question, speculative.”

“He can answer if he knows,” Clare countered.

Daniel paused. His jaw tightened slightly. “Ms. Blake and I were friends. We had discussions about several things. My marriage was in a state of quiet collapse, Ms. Donnelly. Rachel had emotionally withdrawn from our partnership nearly two years ago. I was exploring options for where I might live once the divorce was finalized.”

“I see,” Clare said. “And did you explore those options by transferring forty-one thousand dollars from your joint checking account into an entity called Apex Horizon Consulting between May and November?”

Daniel’s expression froze.

Just for half a second. But I saw it. The microscopic flicker in his left eye.

“Apex Horizon is a business venture I launched,” Daniel said, his voice dropping slightly. “It has nothing to do with marital assets.”

“Where did the initial capital for Apex Horizon come from, Mr. Morgan?”

“Personal consulting fees.”

“From whom?”

“Various private clients.”

Clare pulled three sheets of paper from the blue folder and slid them across the table. One copy went to Gallagher, one to Vance, and one directly in front of Daniel.

“I am handing the witness Exhibit D,” Clare announced. “These are certified records from First State Bank of Delaware for Apex Horizon Consulting, LLC. Account number ending in 4109.”

Gallagher frowned, snatching the pages to scan them quickly. Daniel stared down at the paper as if it were a live rattlesnake.

“According to these records, Mr. Morgan,” Clare continued, her voice level and devastatingly calm, “the initial funding of eighty-nine thousand dollars consisted entirely of electronic transfers originating from the Huntington joint account belonging to you and Rachel Morgan. Furthermore, there are twelve recurring monthly payments of two thousand dollars each labeled ‘Consulting Retainer’ originating from Midwest Packaging Solutions.”

Daniel’s throat bobbed. “That was… performance compensation.”

“Really?” Clare asked. “Because Midwest Packaging Solutions lists you as an exclusive, full-time W-2 employee whose contract strictly prohibits outside corporate entities from providing secondary logistics services. Did your employer know that Apex Horizon was billing them for fictitious consulting retainers?”

“Objection!” Gallagher barked, slamming his palm on the table. “Counsel is badgering the witness and making wild accusations outside the scope of domestic discovery!”

“It is entirely within the scope of domestic discovery when the marital estate has been fraudulently depleted by an undisclosed corporate shell!” Clare fired back, her voice cutting through Gallagher’s shouting like a diamond through glass.

She turned another page.

“And finally, Mr. Morgan, let’s address the audio file marked Exhibit E.”

Daniel looked up sharply. “What audio file?”

Clare picked up a small digital recorder from the table. “This is a voicemail message left on Madison Blake’s phone on the evening of January sixth. Two days before your daughter was born. Let’s listen.”

Gallagher reached out to stop her, but Clare pressed play before he could object.

The conference room speakers hissed with static, and then Daniel’s voice filled the room. It was slightly slurred, smug, and completely unmistakably his:

*“Hey, baby. Just leaving the hospital. False alarm, Rachel’s contractions stopped, so they sent her home. God, she’s miserable. All she does is complain about her back. Don’t worry about the Grandview closing. Once the kid is out, I’m serving her with the papers before she even goes back to work. She’ll be so overwhelmed with the baby she won’t even look at the property division. I’ve already moved the cash into Apex. She’ll get the house with the mortgage, and we’ll get Grandview free and clear. I love you. See you tomorrow.”*

The recorder clicked off.

Silence.

Heavy, suffocating, absolute silence.

Richard Gallagher slowly pulled his hands back from the table. He didn’t look at Clare. He didn’t look at me.

He turned his head and looked at Daniel Morgan with the unmistakable disgust of an expensive lawyer who had just realized his client had completely, irreparably lied to him.

Daniel sat motionless. All the color had drained from his face, leaving his skin the shade of wet concrete.

I leaned forward across the mahogany table.

“You told her I wouldn’t look at the paperwork, Daniel,” I whispered.

He didn’t look at me. He couldn’t.

May you like

“I looked,” I said.

***

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