Soft

Chapter 17 - Ethan’s criminal hearing begins

Ethan’s lawyers moved to dismiss the document-falsification count.

Argument:

No evidence he created copied signature.

Paula created template.

No proof he knew.

Using inaccurate corporate record may be civil/governance issue, not criminal absent knowing falsity.

Judge allowed case to proceed after preliminary hearing because probable cause threshold met.

Not conviction.

Then fraud-related count.

Theory:

Ethan concealed romantic/financial conflict to cause Warren to approve payment benefiting Vanessa and potentially himself.

Defense:

Fee unpaid.

Future participation speculative.

Ethan believed contract fair.

No completed personal gain.

Prosecutor narrowed theory.

Attempted financial fraud / deceptive corporate transaction, depending applicable statute.

No charging $1.85m theft because funds never left escrow.

Good.

Then Vanessa testified at preliminary hearing under cooperation agreement.

Not immunity.

She admitted her own expectation.

“Did Ethan know you planned to give him fifteen percent?”

“Yes.”

“When?”

“Before amendment.”

Defense produced message:

Not while I’m at Warren.

Vanessa:

“He still knew.”

“Yes.”

“Did he tell you to hide relationship?”

“He said disclosure could wait until after closing.”

Message supporting:

No point blowing up board before sale.

Ethan claimed refers to affair, not fee.

But affair was relevant conflict.

Then Paula.

“Did Ethan instruct you to copy Rachel’s signature?”

“No.”

“Did he instruct use old signature page?”

“Yes.”

“Did he review final PDF?”

“He opened it.”

“Do you know what he noticed?”

“No.”

There.

No mind reading.

Then Rachel Dunn.

“I never approved fee.”

“Did you express general support for Cole’s work?”

“Yes.”

“Could Ethan misunderstand?”

“Not after I said send fee to committee.”

Strong.

Then judge bound charges over for trial.

No guilt yet.

Trial scheduled seven weeks later.

Then Ethan’s board arbitration over termination.

Employment agreement cause definition:

Fraud.

Dishonesty.

Material breach of fiduciary duty.

Or conduct materially damaging company.

Even if criminal case unresolved, special committee relied on undisclosed conflict and inaccurate consent.

Arbitrator could decide.

Active.

Then family court.

Lily now three months.

Parenting expanded to two longer days and one evening each week.

No overnight because feeding and age? Could be gradually. Evaluator recommended one overnight at four months if stable.

I hated it.

Then asked myself:

Evidence of parenting danger?

None.

I agreed to begin one overnight at four months.

May you like

That was not forgiveness.

That was fatherhood separated from marriage.

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