Chapter 3 - The Foundation

By morning, Diane had been formally charged with attempted first-degree murder and aggravated battery involving a child, subject to the prosecutors’ final charging decisions as evidence developed.
Her lawyers insisted the pool video was misleading.
Martin Pike stood outside court.
“My client maintains she experienced a sudden medical episode and lost control of the infant.”
Emily watched the statement from Leo’s hospital room.
“She looked directly at me before she dropped him.”
Michael stood near the window.
“I know.”
“She blamed me immediately.”
“I know.”
“She retained him nine days ago.”
“I know.”
Emily turned off the television.
“You keep saying that.”
Michael looked at her.
“What do you want me to say?”
“The truth.”
“I don’t know the truth yet.”
“That’s the first honest thing you’ve said.”
He accepted it.
The Warren Legacy Foundation controlled substantial assets.
Michael’s father, Thomas Warren, had died eight months earlier after a long battle with pancreatic cancer.
He had been the founder of Warren Development Group, a privately held real-estate company responsible for luxury residential towers, commercial districts, and lakefront developments across the Midwest.
Thomas’s estate plan divided the company carefully.
Michael owned thirty-four percent.
Diane owned twenty-four.
Senior executives and outside investors controlled twenty-four.
The remaining eighteen percent had been placed into a generation-skipping trust for Thomas’s first grandchild.
Leo.
Emily had been seven months pregnant when Thomas died.
“He changed the trust shortly before he died,” Michael told Detective Cole.
Emily looked at him.
“You never told me.”
“I thought it was estate planning.”
“What does the trust say?”
Michael hesitated.
“If Leo reaches his first birthday, the eighteen percent remains irrevocably in trust for him.”
“And before then?”
“An independent trustee votes the shares.”
“Who?”
“Judge Samuel Harris. Retired.”
“And if Leo dies?”
Michael looked sick.
“If there is no living grandchild on Leo’s first birthday, the shares pass to the Warren Legacy Foundation.”
Emily stared at him.
“And who controls the foundation?”
He did not answer immediately.
“Michael.”
“My mother chairs it.”
The room went quiet.
Emily stood slowly.
“If Leo dies before he turns one, Diane’s foundation gets eighteen percent of the company.”
“Not Diane personally.”
“Don’t insult me with technicalities.”
“I’m not.”
“She controls the foundation.”
“With a board.”
“Who appointed the board?”
“My father.”
“Who controls them?”
Michael looked away.
Emily understood.
“Diane.”
The motive was suddenly visible.
Not complete.
But visible.
Diane already owned twenty-four percent.
If the foundation acquired eighteen more, she could influence forty-two percent.
With one or two allies, she could dominate Warren Development.
Detective Cole asked, “Why would that matter now?”
Michael rubbed his jaw.
“There’s a board vote in three weeks.”
“About?”
“The Lake Mercer project.”
Emily knew it.
Everyone in Chicago real estate did.
Warren Development wanted to sell a massive lakefront industrial parcel and several adjacent properties to a newly formed private development group.
Expected sale price: $640 million.
Michael had opposed the deal.
Diane supported it.
Victor Lang had designed it.
Emily looked at Michael.
“Why were you against it?”
“The valuation is too low.”
“How low?”
“Our outside appraisal said the properties could be worth eight hundred million if rezoned.”
Cole raised an eyebrow.
“That’s a large difference.”
“Victor argues the buyer is assuming environmental remediation risk.”
“Who is the buyer?”
“North Coast Urban Partners.”
“Who owns it?”
“A private-equity consortium.”
Emily watched Michael’s expression.
“You don’t believe that anymore.”
He shook his head.
“No.”
Cole asked why.
Michael answered slowly.
“Because my father told me something before he died.”
Emily had never heard this either.
Thomas had asked Michael to delay any lakefront sale until Leo turned one.
“Why?” Cole asked.
“He said, ‘Don’t let the foundation vote on Mercer.’”
Emily felt cold.
Thomas had known there was danger around the foundation.
And he had tried to place a deadline around his grandson’s first birthday.
Michael called Warren Development’s general counsel.
“Send me the Lake Mercer ownership disclosures.”
There was a pause.
Then a troubling answer.
“Victor moved those files into restricted transaction access last month.”
“I’m CEO.”
“You’re on the access list.”
“Then send them.”
Another pause.
“Your access was removed yesterday.”
Michael stared at the phone.
“By whom?”
The lawyer checked.
“Victor Lang.”
Michael hung up.
Emily said, “Yesterday?”
The day Diane dropped Leo into the pool.
Before Michael knew anything had happened.
Michael’s face changed.
Victor had not merely been involved in Diane’s finances.
He had begun removing Michael from sensitive company information before Leo ever touched the water.
Then Detective Cole received the prepaid-phone tower results.
All four calls to Diane had originated near one location.
May you like
Warren Development headquarters.
Victor Lang’s office occupied the forty-second floor.