The King of Torts

As far as Clay could tell, Bennett Van Horn had written the big check. Regardless of which cloud of smoke he was blowing at the moment, Clay’s parents did not have money and certainly would not have been accepted at Potomac. His father had sued Bennett eighteen years earlier over a bad real estate deal in Alexandria. At the time, Bennett was a big-talking Realtor with lots of debts and very few unencumbered assets. He was not a member of the Potomac Country Club then, though he now acted as if he’d been born there.

Bennett the Bulldozer struck gold in the late eighties when he invaded the rolling hills of the Virginia countryside. Deals fell into place. Partners were found. He didn’t invent the slash-and-burn style of suburban development, but he certainly perfected it. On pristine hills he built malls. Near a hallowed battleground, he built a subdivision. He leveled an entire village for one of his planned developments – apartments, condos, big houses, small houses, a park in the center with a shallow muddy pond and two tennis courts, a quaint little shopping district that looked nice in the architect’s office but never got built. Ironically, though irony was lost on Bennett, he named his cookie-cutter projects after the landscape he was destroying – Rolling Meadows, Whispering Oaks, Forest Hills, etcetera. He joined other sprawl artists and lobbied the state legislature in Richmond for more money for more roads so more subdivisions could be thrown up and more traffic created. In doing so, he became a figure in the political game, and his ego swelled.

In the early nineties, his BVH Group grew rapidly, with revenues increasing at a slightly faster rate than loan payments. He and his wife, Barb, bought a home in a prestigious section of McLean. They joined the Potomac Country Club and became fixtures. They worked hard at creating the illusion that they had always had money.

In 1994, according to the SEC filings that Clay had studied diligently and kept copies of, Bennett decided to take his company public and raise $200 million. He planned to use the money to retire some debt, but, more important, to "… invest in the unlimited future of Northern Virginia." In other words, more bulldozers, more slash-and-burn developments. The thought of Bennett Van Horn with that kind of cash no doubt thrilled the local Caterpillar dealers. And it should have horrified the local governments, but they were asleep.

With a blue-chip investment banker leading the way, BVHG stock roared out of the blocks at $10 a share and peaked at $16.50, not a bad run but far short of what its founder and CEO had predicted. A week before the public offering he had boasted in the Daily Profit, a local business tabloid, that "… the boys on Wall Street are sure it’ll hit forty bucks a share." In the Over the Counter market, the stock floated back to earth and landed with a thud in the $6.00 range. Bennett had unwisely refused to dump some stock like all good entrepreneurs do. He held on to all of his four million shares and watched as his market value went from sixty-six million to almost nothing.

Every weekday morning, just for the sheer fun of it, Clay checked the price of one stock and one stock only. BVHG was currently trading at $0.87 per share.

"How’s your stock doing?" was the great slap-in-the-face Clay’d never had the nerve to use.

"Maybe tonight," he mumbled to himself as he drove into the entrance of the Potomac Country Club. Since there was a potential marriage in the near future, Clay’s shortcomings were fair game around the dinner table. But not Mr. Van Horn’s. "Hey, congratulations, Bennett, the stock has moved up twelve cents in the past two months," he said out loud. "Kicking ass, aren’t you, old boy! Time for another Mercedes?" All the things he wanted to say.

To avoid the tip associated with valet parking, Clay hid his Accord in a distant lot behind some tennis courts. As he hiked to the clubhouse he straightened his tie and continued his mumbling. He hated the place – hated it for all the assholes who were members, hated it because he could not join, hated it because it was the Van Horns’ turf and they wanted him to feel like a trespasser. For the hundredth time that day, as every day, he asked himself why he’d fallen in love with a girl whose parents were so insufferable. If he had a plan, it was to elope with Rebecca and move to New Zealand, far from the Office of the Public Defender, and as far away as possible from her family.

The gaze from the frosty hostess told him, I know you are not a member, but I’ll take you to your table anyway. "Follow me," she said with the slight makings of a fake smile. Clay said nothing. He swallowed hard, looked straight ahead, and tried to ignore the heavy knot in his stomach. How was he supposed to enjoy a meal in such surroundings? He and Rebecca had eaten there twice – once with Mr. and Mrs. Van Horn, once without. The food was expensive and quite good, but then Clay lived on processed turkey so his standards were low and he knew it.

Bennett was absent. Clay gently hugged Mrs. Van Horn, a ritual both of them disliked, then offered a rather pathetic, "Happy Birthday." He pecked Rebecca on the cheek. It was a good table, one with a sweeping view of the eighteenth green, a very prestigious spot to eat because one could watch the geezers wallow in the sand traps and miss their two-foot putts.

"Where’s Mr. Van Horn?" Clay asked, hoping he was stuck out of town, or better yet, hospitalized with some grave ailment.

"He’s on his way," Rebecca said.

"He spent the day in Richmond, meeting with the Governor," added Mrs. Van Horn, for good measure. They were relentless. Clay wanted to say, "You win! You win! You’re more important than I am!"

"What’s he working on?" he asked politely, once again astounded at his ability to sound sincere. Clay knew exactly why the Bulldozer was in Richmond. The state was broke and could not afford to build new roads in Northern Virginia, where Bennett and his ilk demanded that they be built. The votes were in Northern Virginia. The legislature was considering a local referendum on sales taxes so the cities and counties around D.C. could build their own highways. More roads, more condos, more malls, more traffic, more money for an ailing BVHG.

"Political stuff," Barb said. In truth, she probably didn’t know what her husband and the Governor were discussing. Clay doubted if she knew the current price of BVHG stock. She knew the days her bridge club met and she knew how little money Clay earned, but most other details were left to Bennett.

"How was your day?" Rebecca asked, gently but quickly steering the conversation away from politics. Clay had used the word sprawl two or three times when debating issues with her parents and things had become tense.

"The usual," he said. "And you?"

"We have hearings tomorrow, so the office was hopping today."

"Rebecca tells me you have another murder case," Barb said.

"Yes, that’s true," Clay said, wondering what other aspects of his job as a public defender they had been talking about. Each had a glass of white wine sitting before her. Each glass was at least half-empty. He had walked in on a discussion, probably about him. Or was he being unduly sensitive? Perhaps.

"Who’s your client?" Barb asked.

"A kid from the streets."

"Who did he kill?"

"The victim was another kid from the streets."

This relieved her somewhat. Blacks killing blacks. Who cared if they all killed each other? "Did he do it?" she asked.

"As of now he is presumed to be innocent. That’s the way it works."

"In other words, he did it."

"It sort of looks that way."

"How can you defend people like that? If you know they’re guilty, how can you work so hard trying to get them off?"