I, like most interviewers, transition into “the zone.” At this point, the attention given to the interviewee’s verbal, vocal and nonverbal behaviors goes to the highest level. His words and mannerisms are evaluated in context. Each response is framed and leads to the next elicitation option. An interview-based outcome is identified or modified accordingly, and all of the interviewer’s stimuli are directed toward that goal. Once underway, it is like a large, ocean-going exploratory vessel—very difficult to stop on a dime.
“Wait a minute.” I reflected, “This is not your case. This is a member of the Sunday Bible study and he is talking to you as such.” Consequently, through no small effort on my part, the antenna retracted most of the way, the investigator dial was reset close to the “off” position, and my mental engine order telegraph was set at “slow ahead.” I would be less than honest if I intimated that all capabilities had been shut down. Even in the conversational mode, my investigator knowledge that there is no coincidence in life caused me to reflect. I wondered, “Was Alex in my Sunday Bible study because of who I was and the position I occupied with the North Carolina Department of Justice?” Later, when he asked for a letter of reference for the judge to consider during the sentencing phase (which I did not submit), the dots were connected—at least in my mind.
What he had to say then and other times we met over the course of five years, on an irregular basis, varied from personal issues to particulars about the case and the ongoing investigation. He did not ask for advice, and I offered none. When we met, I purposely avoided asking investigative-related questions. I did not need to. After the phatic phase of our communication transpired, off he went without any prompting on my part. I listened and responded as his Bible study teacher. I did note, however, that at no time in all of our meetings did Alex express remorse for the grief and loss he and his business partner had inflicted upon so many people. The conversation always flowed to him and the prevailing circumstances, acting upon him, as he perceived it.
Shortly after the initial meeting, the details of the case became public and served as the area media’s item of choice with each new revelation, accusation or new stage of the proceedings. Hendersonville is a small, mountain community in western North Carolina with a disproportional amount of wealthy retirees—local and transplanted. While the diverted funds’ range of seven to ten million dollars might not seem like a great deal of money in comparison to the billions Bernie Madoff had stolen, in Hendersonville, each meeting of the irate investors was good for front page, above-the-fold material, as well as the area’s electronic media’s “this just in” moments for those reading from the teleprompters.
Alex had seemingly revealed to the federal investigators the fraudulent activities that he and his co-conspirator had undertaken over the course of several years. Their scheming drained the resources from over one hundred people. Additionally, the harm to the government as a result of their activities in this case was valued at fifty-five million dollars. Alex appeared to assist the federal authorities by wearing a body mike during conversations with Noel in addition to recording some of their subsequent phone conversations.
For his cooperative efforts, Alex was given a deal. He would be allowed to plead to one count with a maximum sentence of five years and a fine of up to $250,000. The federal government’s press release regarding Alex’s plea agreement read as follows:
“DEPARTMENT OF JUSTICE
Acting United States Attorney Edward R. Ryan
Western District of North Carolina
FOR IMMEDIATE RELEASE
FRIDAY, JUNE 12, 2009
CONTACT: Terry Wilkinson
704.344.6222
Fax: 704.344.0629
ETOWAH, NORTH CAROLINA MAN SIGNS PLEA AGREEMENT IN FEDERAL CRIMINAL CASE INVOLVING CERTIFIED