Chapter 8: What Dana Had Been Moving
The forensic accountant's name was Dennis Park.
He was methodical and unhurried and he called Nolan on a Thursday afternoon, three weeks after Carol had referred the financial documents.
"I've completed my initial review," Dennis said.
"Do you have time to come in?"
The figures on Dennis's whiteboard were precise and damning.
Over four years, Dana had transferred a total of two hundred and thirty-seven thousand dollars from a joint investment account into a private account held solely in her name.
The transfers were small — rarely more than eight thousand at a time — and timed to coincide with periods when Nolan was traveling.
The account had been opened six months before they were married.
"She planned this before the wedding," Nolan said.
"The account predates the marriage, yes." Dennis set his marker down.
"There are also three transfers to an LLC registered in Delaware.
The LLC's registered agent is a name I think you'll recognize."
He handed Nolan a page.
Gerald Fitch.
Nolan looked at it for a long moment.
"Her lawyer."
"Her lawyer is also the registered agent of a company that received forty-one thousand dollars from your marital assets over the past eighteen months." Dennis paused.
"That is a significant ethical and potentially legal problem for Mr.
Fitch, separate from your family case."
Carol, when Nolan brought her the report, was quiet for a full thirty seconds.
"This changes the financial settlement entirely," she said.
"The hidden transfers alone entitle you to a substantially larger share of marital assets.
The LLC connection to Fitch — that goes to the state bar and potentially to a prosecutor."
"I want to confront her," Nolan said.
"Before any of this goes further.
I want to look her in the face."
Carol considered it.
"I can arrange a settlement conference.
Neutral location, both attorneys present.
If you want to confront her with this, that's the controlled way to do it."
"Set it up."
The conference was held in a neutral attorney's office downtown — a spare room with a long table and windows that looked out onto a parking structure.
Dana arrived with Fitch.
She was dressed carefully, her expression composed, and she did not look at Nolan when she sat down.
Fitch opened.
"My client is prepared to discuss a reasonable settlement that reflects—"
"Your client has been transferring marital funds for four years," Carol said, and slid the forensic report across the table.
Dana's eyes dropped to the document.
Something moved across her face — not guilt, exactly.
Recalculation.
Fitch reached for the report.
Carol placed her hand on top of it.
"There's a second document," Carol said.
"It concerns an LLC registered in Delaware.
And its registered agent." She looked directly at Fitch.
"I think you may want a moment to consult with your own attorney before this conference continues, Mr.
Fitch.
Because you are no longer only Dana's lawyer in this room.
You are also a subject of the financial inquiry."
Fitch's hand went flat on the table.
He did not pick up the report.
Dana looked at Nolan for the first time.
"You had someone go through our finances," she said.
"You had someone go through our marriage," he said.
"Before it even started."
She opened her mouth.
Closed it.
"The account was opened six months before our wedding," he said.
"The transfers started in year one.
Gerald's LLC received its first payment fourteen months ago." He watched her face.
"How long were you planning this?"
"You don't understand—"
"I understand completely." He leaned forward slightly.
"What I don't understand is Lily.
She was three years old when you married me.
She had nothing to do with any of this.
And you chose to make her the thing you punished when everything else wasn't going the way you planned."
Dana said nothing.
"That's the part I keep coming back to," Nolan said.
"Everything else — the money, the lawyer, the plan — I can follow the logic of it, even if I can't forgive it.
But Lily." He shook his head.
"She was seven years old and she was begging you."
The room was very quiet.
Fitch stood up.
"I need to make a phone call," he said, and left the room.
Dana watched him go.
When the door closed, something in her posture changed — not softened, exactly, but reduced.
Like a structure losing its internal support.
"I didn't plan for it to go that far with her," she said.
"I want you to know that."
May you like
"I know you believe that," Nolan said.
"That's almost the saddest part."
