Disclaimer: Don't own Bones.
A/n: Hiatus is almost over and what better way to celebrate than with an update! I'm trying very hard to be much quicker with the updating. Thanks to everyone who's stuck around through the long posting gaps! :)
Punitive Damages
"You've been read and understood all your rights, haven't you, Mr. Preston?"
A polite smile. "Absolutely."
For a man in an FBI interrogation room, William Preston was way too cool. Sully didn't like it. It told him this probably wasn't the first time and it pissed him the hell off that a former Army soldier had turned killer-for-hire so easily.
"Tell me, Billy," he asked conversationally, "is it all about the money?"
A bland smirk that made Sully want to punch him in the face. "Going by that swanky apartment we found you in, I'm gonna say yes." He smirked back. "Gotta tell you, Billy, you've got some terrible taste in art," Sully taunted lightly. "Just 'cause shit is expensive doesn't mean you have to buy it."
"Agent Sullivan, you can't hold me for over forty-eight hours," Preston said calmly. "Do you really want to spend that time talking about my art collection?"
"See, I bet it's that misplaced cockiness that led you to slip up." A thin, icy smile that looked scary on Sully's usually affable features. "Not only can I hold you for over forty-eight hours, but you're going down for attempted murder."
The slightest flicker of discomfort. "You have nothing to charge me with."
"I've got your DNA, Bill." The door to the interrogation room opened and Agent Shaw walked in, her young features cold and impassive as she took a seat and handed Sully a stack of papers. "I've got a witness who'll place you at the scene, picking up that visitor's pass. Sloppy, sloppy, Billy."
"Yeah, along with a hundred other people." An unconcerned shrug and tight smile. "A hundred different reasonable doubts."
"You think I'm playing games with you?" In a swift move, Sully slammed the stack of papers Shaw had given him on the table. "The thing about sub-contracting to the CIA, Bill, is that they never quite let you go. See, it's only okay when they pay you to kill people. Freelancing is a no-no. Trying to kill a judge? That's definitely not gonna fly."
"That's a lot of unfounded accusations, Agent Sullivan," Preston said lightly, but his gaze tracked to the stack of papers on the table.
"I've got federal agents crawling over every hidey-hole you have." He tapped a sheet of paper pointedly. "Luckily, I know where every single one of them are and I know that in one of them, I'm gonna find the weapon, the bullets, and probably even schematics, carefully planning both attempts."
A muscle ticked unexpectedly. "I don't believe I have to answer any more of your questions, Agent Sullivan."
"Of course you don't. You can just listen." Sully rifled through the papers, pulled one out with particular relish. "Now, we chased our tails for a while, trying to find the money. You did a pretty good job there …" He slid the paper forward, tapped on a particularly glaring figure. "But not good enough. A hundred grand, wired into your offshore account, two days before the first assassination attempt on Justice Seeley Booth." Sully leaned back, his tone even and conversational. "I assume that a Supreme Court Justice would be worth more than that, so I can only imagine that there would be quite a bit more once you actually finished the job. Too bad you're a piss poor shot, Billy."
-x-
On the other side of the observation glass, Booth and Brennan watched with near identical focus.
"Tell you what, Bones," Booth murmured, absently. "I'm gonna be offended if I'm only worth a hundred grand."
"You're not," she replied without even thinking about it, her gaze trained on the interrogation in front of her. "Your worth is incalculable."
Booth's head turned to her but she was still focusing on the interrogation room. He smiled slightly. "Thanks, Bones."
-x-
"The payment was made through a shell corporation," Sully explained. "It took a while to track down the source, but Agent Shaw here is very persistent and very, very thorough."
"Your payment came directly from KBC Systems, Mr. Preston," Genny Shaw supplied, tapping the paperwork that documented her painstaking work on the matter.
"Who paid you, Billy?" Sully slid another paper directly in front of Preston. "Here's a list of their Board of Directors and shareholders. Just point to a name."
"You have nothing but circumstantial evidence." There was a thin line of sweat dripping down his spine, but William Preston merely gave the list a dismissive flicker. "I think I'd like my attorney now."
-x-
"KBC Systems, KBC Systems," Booth murmured the name under his breath.
"Booth?"
"I recognize that na—oh my god," he breathed. "Richards versus KBC Systems."
Brennan frowned in confusion. "What?"
"Son of a bitch! Sully was right, this is about a case."
"He's asked for an attorney," Brennan pointed to the observation glass. "Agent Sullivan can't ask him any more questions."
"He doesn't need to." Booth reached out, placed a hand at the small of her back. "C'mon, let's go get Sully."
-x-
"Richards v. KBC Systems, class action lawsuit, oral argument is scheduled for January 7th," Booth explained. "First case on the docket."
"Next month," Brennan murmured. "Running out of time."
"I just did my first read through of the briefs for plaintiff and defendant this past weekend." Booth went around his desk, pulling case files out. "James Richards' family sued Trent Seward and KBC Systems in a class action that joined the families of thirty other soldiers."
"I remember this one," Sully noted. "KBC allegedly sent defective body armor to Iraq. Thirty soldiers died and their families sued the company. Two of the justices have recused themselves."
"Yeah, they had to," Booth supplied, "because they owned company shares when the suit was first brought. It's an inherent conflict and they're automatically required to recuse themselves."
"Only seven justices will hear this case, then?" Brennan inquired.
"Yes, it's not ideal," Booth admitted. "But there's nothing else we can do."
"Right, that's what Cam said." Sully pursed his lips, thought back to that conversation. "Cam and I looked at the most controversial cases on the docket, focused on the ones where you're considered to be the swing vote, thinking maybe someone wanted a deadlock. But this one didn't raise any flags. You're not a swing vote and Cam said it's not a particularly controversial case, that these type of cases, disputing the damages awarded by a jury are fairly common. She said you'll likely vote to overturn the federal court and reinstate the original judgment and that it's well-known from your jurisprudence, but it's not really clear how some of the other justices are leaning."
"Yeah," Booth sighed, raked a hand through his hair. "The Justice Department has tried to convene two grand juries against KBC to bring criminal charges and has failed both times," he read from the notes he'd taken during his preliminary reading of the briefs. "However, the civil suit was much more successful. A jury awarded the plaintiffs 20 million dollars in actual damages and close to half a billion dollars in punitive damages."
"Half a billion?" Brennan raised a questioning brow. "The disparity seems quite substantial."
"It is and that's why the case has made it all the way to the Supreme Court," Booth acknowledged. "KBC appealed the verdict and the federal appeals judge overturned the punitive damage award, reducing it to 8 million."
Sully whistled. "That's a long way from half a billion."
"Yeah, way too long. Freaking Hasty." Booth practically spat the name out. "He was the idiot federal judge who granted the reduction. In my opinion, he completely abused his discretion. So, of course, the plaintiffs appealed that decision and are seeking to have the original award reinstated."
"And do you think it will be?" Sully asked. "Even Cam wasn't sure which way it would go. But she did say that the one vote she could predict was yours."
Brennan's mind was whirling. "Is that true?"
"Yes," Booth replied. "My jurisprudence on this issue is particularly well known. I strongly believe it is not a judge's place to invade the province of the jury and that's precisely what we do every time we overturn or reduce damages awarded. I think it borders on unconstitutional and I only did it once as a federal judge."
Booth remembered the case very clearly. He'd had no choice because the punitive damages awarded had been nearly ridiculous considering the almost frivolous nature of the suit. "I've been appealed more on this issue that any other," he remarked. "But you know what, I'm fucking right because my reversal rate is very small."
"How small?" Brennan was curious.
"Miniscule." He could hear her curiosity and gave her a wide, confident smile. "My pristine reversal rate was one of the reasons I was appointed to the Court."
Automatically, Brennan smiled back at that cocky grin and Sully nearly rolled his eyes. "So, in this case, it's not a secret which way you would go, then."
Brennan immediately made the connection. "And that's the reason he's the target. Because they know precisely what will happen if he's alive to vote."
"With you out of the picture, what do you think the result will be on that case?"
Booth considered what he knew of the six justices that would hear the case. "Maybe a 4-2 vote to uphold Hasty's decision." After a moment, he shook his head. "Though, if I had to guess I'd say Marcus is with me on this issue, so very possibly a three-three deadlock. I mean, I can't be sure, but that would be my calculation."
"Yeah, someone calculated that too," Sully deduced. "Either way, the result is the same and KBC doesn't have to pay out half a billion dollars. That's why they're going after you." It had been driving Sully crazy, the inability to pinpoint a clear motive and now he grunted slightly as the answers fell into place. "They can't really predict with any degree of certainly for those six justices, who's voting for or against, but they could for you. Which means that eliminating you gave them the best chance of a favorable outcome."
Booth let out a foul curse. "That's a hell of a gamble."
"Not when you think about it logically," Brennan reasoned. "Not only are they eliminating the person that's sure to vote unfavorably, but also the one with the most knowledge."
Sully raised an inquiring brow. "What do you mean?"
"Booth has written on this topic extensively," Brennan explained. "I'd wager you're more knowledgeable in this area of the law and thus more likely to persuade those justices that are unsure of their decision. That must have factored into the decision to target you, as well."
Booth cast her a surprised look. "How do you know that?"
"I've looked through some of the law review articles you've written," she said casually. "Many of them are on the subject of judicial responsibility vis-à-vis punitive damages awarded and are considered very well-respected."
Booth stifled the overwhelming impulse to kiss her senseless. So damn smart, he thought. When it wasn't driving him crazy, that genius brain of hers turned him the hell on.
"This is gonna get me warrants for every single member of KBC's board of directors." Sully paced Booth's office with steely determination. "Maybe even every damn shareholder. I'm gonna dig through financials, personal lives, company records and haul them all into my interrogation room, if necessary. William Preston might not, but someone damn well will tell me who paid him to kill you."
"You know," Booth mused, "the more I learn what's going on, the more pissed off I get."
-x-
"Hey," Booth smiled sexily from his reclined position on the bed. "Stop cleaning your gun and come over here."
Brennan smiled but shook her head. "It has to be cleaned, Booth."
"C'mere, Bones," he cajoled with a pat to the bed. "I've got something for you."
Her smile turned to a smirk. "I'm pretty sure I'm gonna get it whether I go over there right now or twenty minutes from now."
"Funny," he smirked back. "But get your mind out of the gutter." He stretched, opening one of the drawers next to his bed and pulling a little blue box out. "See?" Booth shook the little box. "You gotta come over here if you want your present."
He'd learned she was nothing if not naturally curious and sure enough, the need to learn what was in the box lured her to the bed like a magnet. "You got me a present?" Brennan's brows furrowed in confusion. "Why?"
Ah, just because, Bones. Her utter bewilderment tugged at his heart. As soon as she was close enough, he tugged on her hand and tumbled her to the bed. "Early Christmas present."
"Christmas is a commercialized holid—"
"Ah, no." He kissed her mouth, shutting her up. He'd heard all about the bastardization of the holiday and they were gonna have to agree to disagree on that one. "Don't bash Christmas. It's the most magical time of the year!" he enthused with child-like glee.
"In any case, Christmas is a few weeks away."
"Fine, late Thanksgiving present then."
"But it isn't customary to bestow—"
Sometimes he wanted to throttle her. "Okay, Bones, no reason then!" In exasperation, he drew the present back. "If you don't want it, then—"
"No!" Brennan scooped the box from his hands. "I mean, I'd like to see it, please."
Her fingertips traced over the box lovingly and his exasperation vanished. "Open it," he encouraged softly, his gaze trained on her face.
When she opened the box and saw the figurine inside, her eyes flew to his face. A soft little gasp escaped her.
"What do you think?" Booth was suddenly nervous, unsure whether he was going to be bringing up bad memories, instead of happy ones. "You can start your collection again."
Reverently, she pulled out the tiny figure of Brainy Smurf clad in black judicial robes. "Oh, Booth."
He'd been watching Saturday morning cartoons one day, weeks ago, when she'd told him about watching the Smurfs with her brother as a kid. She'd loved them so much, she even began to collect little smurf figurines, but she'd lost the collection during one of the many moves she and her brother went through after their parents' death.
"Oh, baby, don't cry." He threaded his fingers through her hair and pressed his lips to the salty tears on her cheek. "It's supposed to make you smile."
"It does," she assured through a watery smile. "But I can't seem to help the overly emotional reaction."
"That's okay," he murmured, drawing her against him.
Brennan settled against his warm, bare chest. After a few moments, she said, "Booth, please tell me you didn't go get this yourself?"
He laughed. "When would I have been able to do that, Bones? You never let me out of your sight." With a kiss to her forehead, he confessed, "One of my clerks took a break from legal research and got it for me."
"Thank you, Booth." She smiled against his skin, clutching the tiny figurine in her hand. "I love my present."
-x-
"Agent Sullivan?"
Sully raised his gaze to the doorway of his office, where Genny Shaw stood expectantly.
"Yeah?"
"I have someone in my office who claims to have information on Justice Booth's case."
"You're kidding me." He shot up from his chair, rounded his desk. "What's his name?"
"Her," Shaw corrected, falling into step beside him. "Gemma Arrington."
-x-
So ...still with me, right? :)
Also, I'm gonna pimp one of my favorite Bones blog-Bones Theory. FF doesn't allow links, but you can just google it. There's currently a vote off going on the best BB kisses. You'all should check it out and vote. Plus it's a great place to talk Bones!:)
