Chapter 2 - The Signature Emily Never Gave

For several seconds, I could hear Patricia Brennan breathing on the other end of the phone, but I couldn't make myself answer her.
My company.
Of all the things I had expected Emily's lawyer to say, those were the last two words I was prepared to hear. The dining room was still arranged for our anniversary. Across from me stood the chair Emily had left empty. I had spent the morning trying to understand how I'd lost my wife. Now a stranger was suggesting I didn't understand my own business.
“What did she find?” I asked.
“Before I answer, Mr. Mercer, I need you to understand that Emily has instructed me not to disclose her location.”
“Is she safe?”
“She was safe when I last spoke to her. She has arrangements for medical care. I cannot discuss those arrangements with you.”
I looked down at the cold dinner. Eight months pregnant, and Emily had arranged for herself what I should have helped arrange months ago.
“Please,” I said. “Tell me what happened.”
“Yesterday evening, she received a notice from the lender financing the Meridian Court development. The notice identified her as a personal guarantor on a new bridge loan.”
I frowned. Meridian Court was a residential project my company had undertaken east of Los Angeles. Its financing was complicated, but Emily had never been a party to it.
“That can't be right.”
“There's more. The security documents also describe your Pasadena residence as collateral. They contain a signature attributed to Emily Mercer.”
I stared at the table.
“Our house?”
“Yes.”
“She didn't sign anything.”
“Emily says exactly that.”
My first instinct was to say someone had made a clerical error. I knew how many versions of a financing package passed between attorneys, lenders, and our own accounting department. But Patricia's voice left little room for comforting assumptions.
“She asked the lender for copies,” Patricia continued. “The documents include an electronic approval attributed to you. It is dated yesterday evening.”
Yesterday evening, I had been at Vanessa's hotel.
I felt my mouth go dry.
“What time?”
“Eight fifteen.”
Eight fifteen. Emily's hopeful voicemail had been recorded at exactly that time. Dinner was ready. Please come home. While my wife asked me to choose her, someone had apparently used my company's approval system to put her name on a loan.
“I wasn't working,” I said.
“Your whereabouts are a matter for your own counsel. I'm telling you what is in the records.”
“Did Emily think I signed for her?”
Patricia paused. “Emily is not prepared to discuss what she believes about your intentions. She knows a signature bearing her name appears on an instrument she never authorized. She also discovered payments from an account designated for Meridian Court construction to a consulting company she doesn't recognize.”
“How did she see that?”
“A set of supporting records accompanied the lender's notice. She reviewed them before contacting me.”
I closed my eyes. I'd told Emily there was a Seattle investor emergency. By the time she'd learned the truth from my office, she'd also been opening papers that made it look as if I was willing to put our home at risk without telling her.
“What's the consulting company called?”
“Aster Ridge Advisory.”
I knew the name vaguely. I had approved a list of outside vendors earlier in the year, and my chief financial officer, Oliver Grant, handled the individual contracts. I couldn't remember what Aster Ridge was supposed to do.
“I need to call Oliver.”
“You should call independent legal counsel first,” Patricia replied. “And you should preserve your company's records. Emily has directed us to notify the lender that her signature is disputed.”
“Can I speak with her?”
“No.”
The word landed without cruelty. Patricia was protecting her client, and for the first time I understood why that protection had to include me.
“What can I do?”
“Do not try to locate her. Do not contact her through employees or relatives. Have your attorney communicate with me. If you genuinely want to establish what happened, preserve the evidence.”
I almost asked her to tell Emily I loved her. The words rose automatically, familiar words I had used whenever an apology became necessary. But after the ring, the letter, the nursery, I knew how hollow they would sound.
“Tell her I'll cooperate,” I said instead.
“That message I can pass along.”
When the call ended, I sat motionless. Beyond the tall windows, the morning brightened over Pasadena. I was surrounded by things that belonged to an intact marriage, although the marriage itself had ended before I came home.
I opened my company email. There were dozens of messages I'd ignored over the past week. Some were invitations, some expense reports, some dull requests for approval. I searched Meridian Court, then Aster Ridge.
A financing notice appeared near the top of the results. The attached summary described a $9.6 million bridge loan meant to cover a temporary shortage in project funds. Our house was listed as additional security. Beneath my name was an authorization bearing my digital credentials. Beneath Emily's was a signature that looked disturbingly real.
I had seen that signature on our wedding documents, on cards to friends, on the papers we signed when we bought this house. Looking at it now, I knew its shape. That didn't make it hers.
A second attachment summarized construction-account disbursements. Six transfers, totaling more than six million dollars, had gone to Aster Ridge Advisory for site coordination and procurement. The descriptions were vague. The amounts were not.
I'd entrusted Oliver with the financial details while I pursued investors, expansion, and whatever excuse let me avoid going home. He had been my chief financial officer for four years. I had praised him for handling problems before they reached my desk.
Now I wondered which problems he had been keeping from me.
I called a lawyer I trusted professionally but who had never worked for Mercer Development Group: Naomi Sato, a corporate litigator known for asking questions her clients disliked.
“I need independent counsel,” I said when she answered. “There may be fraud inside my company. My wife's name is on documents she says she never signed.”
Naomi did not offer reassurance.
“Don't alter a single file,” she said. “Don't confront your CFO alone. And don't assume that being ignorant will make you innocent.”
Those were the first words anyone had said to me all morning that I couldn't argue with.
I forwarded the material and waited as she examined the attachments. Then she asked me to open the approval history on the financing summary.
I did.
The authorization at 8:15 p.m. had been submitted under my executive account. Beside it was a line I had never bothered to understand before: APPROVAL METHOD—DELEGATED AUTHORITY.
I read it twice.
Naomi asked, “Mr. Mercer, who did you authorize to act for you?”
“Oliver,” I said.
“And when did you last review what he was permitted to approve?”
I couldn't remember.
May you like
That was the moment I stopped thinking of this as a mistake on a form. Emily had not simply found evidence of my affair and left. She had found evidence that the trust I had squandered at home might have been squandered at work, too.
And the authorization carrying my name had been submitted at the exact minute my wife had been begging me to come home.