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The bailiff called, “Anna Marie Scott.” A tall attractive blonde, dressed in a navy blue business suit moved toward the witness chair. The court quieted at the sound of her heels as she crossed the hard wood floor. She was the type of woman that turned heads and everyone watched as she approached the witness chair. The bailiff offered her a Bible and she placed her hand upon it. The bailiff droned a monotone oath. Anna, with an air of confidence said yes. The judge asked her to sit. The prosecutor stood and approached. Anna thought he looked like one of her English professors. The one that tried to cover is baldness by combing thin grey strands over. Comb over’s never work. He began.
State your name.
Anna Marie Scott.
Miss Scott, it is Miss isn’t it?
Why, yes.
The prosecutor strolled back and forth, he was in constant motion. It quickly irritated Anna. She had to track him like she was at a tennis match.

Miss Scott you are aware that Miss Jenkins is being tried for 8 counts of fraud, theft and forgery?

Yes, I understand that.

Miss Scott, how long have you worked for Williams & Jefferson, Inc.?
I have worked for them for 18 years.
What is your position at Williams and Jefferson?
I am the office manager for the downtown branch at First and Market.
How long have you held that position?
Oh, a little more than 9 years.
Your job includes the overseeing of all transactions, obtaining all signed documents, the transfers of funds is that correct?
Yes. I oversee all the activities of the office.
How long have you known the defendant, Miss Heather Jenkins?
Heather has been a broker in my office for three years.
How many brokers are there in your office, Miss Scott?
There are 25 brokers, Heather is near the top. She seems to be well trusted by her clients.
Anna was the picture of control; one felt her confidence and knew she was a forceful presence.

Ms Scott, when did you realize that money was being transferred between accounts without the client’s authorization?
Anna’s shifted forward in the chain, focusing on the prosecutor, “I received a call from a Mrs. Keene, one of Eric’s clients asking me to check the cash balance of her account. Mrs. Keene seemed surprised that she had so little cash but just seemed to think that she had not been paying attention to her statements. I know that most clients don’t read their statements carefully; anyway, she wanted her broker, Eric Lawson, to give her a call.

Eric Lawson is another broker in your office?

“Why, yes.” Anna’s expression changed as she answered, “Eric has been a broker in the office of about five years.” Her feelings did not betray her.
Tell the court what happen after Mrs. Keene called you.
After I hung up I noticed that money had been transferred her account. I first thought that I had made a mistake and transferred money from the wrong account. I began to check the transfer records to see where the funds went and who authorized it. It took me some time but I found the documents.
What documents are these?
Anna continued in a business like tone. “When funds are transferred to accounts with different owners, the owner transferring the funds has to sign the appropriate documents.”
Did you find those documents?
Yes. I found the documents and was surprised that the funds were transferred to a bank across town. The documents did not specify the title of the account at the bank.
“Are these the documents?” The prosecutor hands pieces of paper covered in plastic to Anna.
Yes they are.
Tell us what you did next.
“Something was suspicious. I just had a feeling. I don’t know what it was but I decided to find out whose account the funds were transferred to. I called the First State Bank and spoke to Mr. Sapenfield, the officer in charge of transferred funds. He called me back that afternoon telling me that the funds were transferred to Heather Jenkins checking account.” Anna did not look at Heather as she continued. “I didn’t know what to think. How did something like that happen? I began to look closer at the documents to make sure that I didn’t reverse numbers. Everything looked fine. I then checked the computer log and noticed that other funds had been transferred to the same bank account. The transfers all came from Eric Lawson’s clients. They were all small amounts like $1000 to $3000 until the $25,000 from Mrs. Keene’s account. ”
Ms Scott, please tell us what is required to transfer funds from an account.

Anna rocked back in the witness chair and asked if she could have a glass of water. She cleared her throat and began, “When the brokers want funds to be transferred or a check to be issued they generate a request form using the necessary account numbers, addresses, and other required information. The form is signed by the client and then placed in my To Do box. I fax the forms to the head office twice daily, noon and three o’clock. I check all the forms to make sure that they are complete and signed before I fax them.”

Ms Scott you heard that Mr. Lawson testified that he did not generate those forms.

How is it possible that someone other than the broker could generate the necessary forms?

Well, the forms have to be generated from the broker’s computer. Someone had to access the computer to do it. Each broker has their own work station. Every computer has a password, which would mean that someone would have to have used the computer’s password it.

Does anyone else in the office have access to those passwords?

Not that I am aware of.

The prosecutor turned and faced Anna, “I have no further questions of Ms. Scott.”

Before the judge could announce that questioning would continue by the defense, Anna Scott started to get up from her chair. Defense attorney, Billy Honsaker, jumped up, waving his hand, saying, and”it is my turn.”

Billy Honsaker, was a local, who looked like a carny caller wearing a suit. Anna Scott dropped back into her seat, pursed her lips, and stared at Honsaker. He stood there red suspenders blazing against his white shirt. His half reading glass clung to his nose, hair standing erect. Was she to take him serious? He cleared his throat and began.

Ms Scott, may I call you Anna?

I suppose.

How well do you know Eric Lawson?

Anna shifted her weight in the chair, “I have worked with him since 2005.”

Mr. Lawson has testified that he and Ms Jenkins have been dating for the past year. Are you aware of that, Anna?

Yes I am.

Now Anna, how would you describe your relationship with Mr. Lawson?

I work with all of the brokers in the office.

Have you ever been to dinner with Eric Lawson?

The question caught Anna. In a slow halting voice Anna answered. “Yes... we have, have been to dinner….a couple of time.” Anna is obviously uncomfortable. Honsaker moved toward Anna, and then turned toward the jury and asked, “Is it true that you and Eric were an item?” This time you could see the shock in Anna body. Honsaker continued, “I am sorry I’ll rephrase that. Did you and Eric date? Is that true?”

The question stunned her, she knew it was coming, but to actually hear it was another thing. Anna quickly gathered herself, looked directly at Honsaker and answered. “I have dated many men in the office.”

I take that as a yes.

Honsaker now standing by the jury turned back toward the attorney’s podium and asked, “Anna, isn’t it true that you and Eric had a relationship that began sometime in 2008 and ended sometime last year?

“Yes!” Anna was not to be intimidated. ” I am unsure of what you are implying, Mr. Honsaker? As I said I am an active dater and dated many in the office.”

The prosecutor quick rose an in a loud voice objected. The judge looking directly that Honsaker, “Counselor, where are we going with this?” Honsaker sauntered to the center of the courtroom. “Your Honor, I am just trying to find out the involvement of Ms. Scott and Mr. Lawson.” The judge with a quizzical look responded, “Let’s not go fishing Counselor, objection sustained”.

Now Anna, you testified that Ms Jenkins was one of the top brokers in your office. If Ms Jenkins is one of the top brokers in your office then we would assume that she is doing well financially?

I guess.

Honsaker paused, stroked his chin and grunted, “Mum.” You have also testified that the fund transfer process had to begin at Ms Jenkins’s computer. Correct?

Yes.

“You stated that each broker has their own secure password.” Honsaker turned, tilted his head to the left, looked at the jury and asked, “Is it possible that someone could have stolen Ms Jenkins’s password?”

I guess if you are a hacker and want to spend the time but I believe that our computer systems are really secure. I think that is unlikely.

Can you tell me what time you arrive at work and what time you typically leave work?

Anna was becoming increasingly agitated by Honsaker questions. What was he after? Her eyes were like lasers directed at Honsaker’s fire engine red suspenders. “Look, I arrive early and usually turn the lights out when I leave. I don’t mess with other’s computers.”

“Oh, Anna, I am not implying anything. I am just curious why did you send Mr. Lawson, Eric, over 100 personal emails in the past six months, even though you were not an item?”

The prosecutor rose quickly to object. The judge again looked at Honsaker. “Counselor, are we fishing?”

No your Honor, the fact that Mr. Lawson’s computer was used for unauthorized transfers and that Ms. Scott is the sole person with the transfer forms makes their relationship germane to this trial.”

You may continue but this line of questioning should be quick.

Anna Scott flushed. She gave him a hard look, “Eric and I have remained friends.”

Did Eric tell you that he was dating Heather and no longer wanted to receive personal contacts from you?

I don’t know what this has to with what happen?

Honsaker was now directly in front of Anna but he turned away again facing the jury. “Ms Scott, I am interested in your office procedures. All transfer forms are printed at your printer isn’t that correct?”

As I stated earlier, Mr. Honsaker, the forms are printed at my printer.

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