Thicker Than Blood

Page 1

THICKER THAN BLOOD BY DON BROBST

lamplighter s u s p e n s e


CHAPTER ONE

D

r. Bailey Pogue took a seat to the right of his friend Connor Banks

Across the table, two attorneys sat on either side of Mr. Wiggins,

settled into a chair against the wall. A court reporter connected her stenography machine to a laptop, while a videographer on the other end of the room adjusted his camera and double-checked microphones. conference room of the Dirksen Federal Building in Chicago. Paintings of presiding judges reminded everyone this was hallowed ground. The judge entered and everyone stood. He sat and motioned for them to take their seats.

Banks from his former practice partner and the Securities and Exchange Commission. I remind everyone these allegations are serious, potentially resulting in jail time if Mr. Banks is found guilty. Mr. Wiggins also faces sanctions including suspension of his license and imprisonment if his actions are determined to fall outside trading regulations of the SEC. The gentleman to my right who will not testify today represents SEC interests.�


4 / THICKER THAN BLOOD never imagined. Connor leaned toward Pogue and whispered, “You sure you got this?” Pogue offered a faint smile. “I got it.” The night before over egg rolls and Kung Pao Chicken, Connor

photographic/eidetic images in his mind that he could retrieve at will, enabling him to assimilate detailed data. everything from his background and education to career choices in the stock exchange and glowing success as a high-end investor. Finally, they When Mr. Wiggins had found himself in SEC crosshairs several The plea bargain into which Wiggins entered included offering testimony against his former partner. and Branson stocks, Mr. Banks?” the lead attorney for Wiggins asked. “Yes,” Connor said. “Did you have inside information that their stock may indeed drop due to the legal issues that were to be levied on January twenty-sixth of last year?” “I did.” “So you acted on that information and told Mr. Wiggins, who knew nothing about your inside information, to sell those stocks before they plummeted the next day,” the attorney accused. “No, sir. I did no such thing,” Connor said. “You just told us that you took action.” “Not in that manner.”

which is illegal.” The attorney leaned to his client, Mr. Wiggins, who whispered something to him. The attorney spoke. “Knowing that it would cost your client hundreds of thousands of dollars, you did nothing?”


DON BROBST / 5 did nothing at the time of which you are speaking,” Connor said. “Your former business partner says you ordered him to sell six

prevented your client a devastating blow.” Connor was silent. “Well?” the attorney pressed. said. “Did you or did you not tell Mr. Wiggins to sell that stock, Mr. Banks?” to speak.” “Remember you are under oath, Dr. Pogue,” the attorney stated.

said smugly.

“Would you care to enlighten us?” judge.

character witness.” attorney and placed his hand on the binders in front of him without

The judge did the same. “Mr. Wiggins refers to an email sent by Connor

as Exhibit Forty-seven on page three ninety-eight.” They leafed to the


6 / THICKER THAN BLOOD Connor instructing Mr. Wiggins to sell those stocks, but on the electronic time-and-date stamp, the email was sent on January eighteenth, one week prior to the date you allege, and eight days prior to the earliest news of January eighteenth, according to evidence submitted by you on Exhibit Sixty-six, page four seventeen.”

pages.” “Let the record show that Dr. Pogue is correct,” the judge said after reviewing the binders. “Why would Banks order the sale prior to having knowledge of this impending lawsuit?” the attorney asked. “A question for him, sir,” Pogue responded.

sell my own. Would I not, if I was involved in insider trading?” to redirect attention from you toward Mr. Wiggins?” by him on those funds was rated as low-to-medium. My own portfolio has been rated as high risk from day one. My choice. I rode the storm

Pogue pointed to the binders in front of the attorneys. “On page one hundred eighty-seven, Mr. Wiggins noted that he had no personal holdings at risk. , in his words. But according to SEC

personal stock from a private LLC registered to him.”

“Exhibit Sixty-eight, page four nineteen is a fourteen-page SEC


DON BROBST / 7 reveal the transaction took place at 2:37 p.m.”

unless you have any more questions? Perhaps one or two more might bury “I have one more for Dr. Pogue.” The attorney slapped the binders my client contradicted himself. You mentioned one or two items that I am “Sit down,” the judge interrupted. “There will be no further aggression in my presence.” “Yes, Your Honor.” The attorney sat. speak. “Your client contradicted himself seventeen times within the body accounts between what he stated under oath in his deposition and what the attached exhibits reveal. Those may be found in chronological order with

“If anyone pounds on this table it will be me,” the judge said. “Once “Yes, Your Honor.” The judge turned to Mr. Wiggins. “I will thoroughly evaluate the contradictions Dr. Pogue has outlined.” He turned to Pogue. “Do you have them documented?”

“Mark this as Exhibit One,” the judge said to the court reporter, then be held accountable. All charges against you will be reinstated. No plea bargain.” The judge turned to Connor. “Mr. Banks, if these documents withstand my scrutiny, all charges against you will be dropped. Is that acceptable to the SEC?” He looked at the man to his right, who nodded. The judge stood. “Very well. We are done here.” He left the room.


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