White Collar Fic - The Truth Will Out
Dec. 22nd, 2013 10:04 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
elrhiarhodanTitle: The Truth Will Out - A Wonder(ful) Years Story
Author:![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-userinfo.gif)
elrhiarhodan
Fandom: White Collar
Rating: R
Characters/Pairings: Peter Burke, Neal Caffrey, Agent Roe, OMC - Walter O'Donnell, OMC - Sylvester DiNapoli, OMC - Bruce Malloy (Peter/Neal)
Word Count: ~4400
Spoilers: None
Warnings/Enticements/Triggers: Expression of homophobia
Beta Credit:coffeethyme4me, miri_thompson
Summary: A timestamp to the Wonder(ful) Years story, Something We Never Dreamt We Could Have. The Kansas City agents, Sylvester DiNapoli and Walter O'Donnell, are back and are causing some trouble for Peter (and Neal).
Author’s Note: Written as an extra for my Fic-Can-Ukah meme forultracape. Her prompt was "A Collection of Lies" and she asked for a story in the Wonder(ful) Years ‘verse.
I have no idea how an FBI disciplinary hearing would work - this is based on what we saw in the beginning of Withdrawal and my imagination. That's it. Don't expect a whole lot of realism here.
__________________
Peter could not believe that this had actually escalated into a full-fledged disciplinary hearing. Unbelievably, that bastard, DiNapoli, had actually found a sympathetic ear in DC – some antediluvian Assistant Director who was apparently of the like mind that the fags were going to take over the world if he and his fellow bigots weren’t vigilant. Of course, DiNapoli’s complaint wasn’t about his permissive attitude towards homosexuality. Peter was under fire for overreaching his authority.
Malloy, to his credit, had tried to stave off this hearing, only to find himself named in the complaint as well. At least Neal, who’d been present when DiNapoli and his sidekick, Walter O’Donnell, had spewed their hate, wasn’t dragged into this pile of horse shit.
His attorney been a little surprised that Peter had never faced a review board of any sort before and she’d assured him that these sorts of hearings were ridiculously common – one agent gets a flea up his ass about something and needs to make a stink before he can move on. He still couldn’t stop feeling a little sick about it – his record had been spotless. At least until now.
The hearing was not held at the FBI offices, but in some ridiculously modern conference suite on the forty-fifth floor of a Midtown office building. He was ordered to appear at ten o’clock, but it was already a quarter to one and the waiting was killing him. He hadn’t thought to bring any of the dozen case files he needed to review with him and there wasn’t a magazine in sight in the waiting room. AD Malloy had been called in at ten-thirty and he’d left the chamber about a half-hour ago. Peter just sat and waited, trying to be patient and failing miserably. He kept checking his email, and although the idea was tempting, playing a round or three of Angry Birds seemed extremely unprofessional.
At last, an admin, not a bailiff because this wasn’t a judicial proceeding, opened the door and stuck her head out. “Agent Burke, we’re ready for you.”
At last. Peter wiped his hands against his pants and got up and entered the hearing room. His lawyer followed.
He’d already been introduced to Agent Roe, who sat at the center of the conference table and was flanked by two other agents, and began instructing him on the proceedings. “This is a closed door hearing. We’ve already interviewed Director Malloy. You will be questioned primarily by me and when the interview is finished, you’ll leave the room. Agent DiNapoli will be called in and asked questions as well. Depending on the testimony given by the three agents named in the complaint – ”
Peter asked, “Three?”
An annoyed look crossed Agent Roe’s face at the interruption. “You, Assistant Director Malloy and the complainant, Agent DiNapoli.”
“Ah.” He hadn’t counted that putz.
“As I was saying, after your testimony is finished, the panel may decide to call witnesses. If we do, you, Assistant Director Malloy and Special Agent DiNapoli will each be permitted to briefly question them.”
Peter nodded.
“Then let’s begin. Please state your full name, position and posting for the record.”
“Peter James Burke, ASAC, White Collar division, Manhattan field office.”
“Thank you. Please raise your right hand. Do you swear that the testimony you are about to give…”
Peter repeated the words – ones he’d spoken hundreds of times over the course of his career – before grand juries and in courtrooms, at depositions and even on behalf of other agents in hearings like this. But they never felt so portentous.
“On July 29, 2012, Special Agent in Charge Sylvester DiNapoli and Special Agent Walter O’Donnell, accompanied by Assistant Direct Bruce Malloy, came to the White Collar Division’s offices seeking assistance with a case. Is that correct?”
“Yes, sir.” Peter was surprised his voice wasn’t shaking. He knew he shouldn’t be nervous, he’d done nothing wrong.
Agent Roe asked him a half-dozen other questions about the early part of the meeting – how the Kansas City agents were introduced, how their request for help was presented, how AD Malloy behaved. Peter couldn’t get a read on what Roe or any of the other agents on the panel were thinking. Their faces were schooled to perfect neutrality.
“Agent DiNapoli, in his complaint, stated that you behaved unprofessionally to him and his fellow agent.”
Peter was somewhat surprised by this statement, given the substance of DiNapoli’s complaint – that Peter had overstepped his authority by taking over the Civella boiler room case.
“Agent DiNapoli and his cohort – ” Peter couldn’t think of another word to describe the oafish Walter O’Donnell - “were the ones who behaved unprofessionally.”
Roe asked, “How so?”
Peter took a deep breath. He was prepared for this. “As it’s been stated, DiNapoli and O’Donnell came to New York because they were trying to start an undercover operation here and needed help from my division.”
Roe interrupted, “What was the nature of that operation, Agent Burke?”
“According to DiNapoli, some offspring of the local crime families had set up a boiler room scam, doing the pump-and-dump here in New York, preying on unsophisticated investors. He thought he could set up a honey trap and turn one of the leaders of the ring, use him to break open the organized crime families back home.”
“Honey trap? I’m not sure I’m familiar with the term.”
Peter sincerely doubted that Agent Roe had never heard that expression, but he explained for the record. “A honey trap is an operation that uses sex to ensnare a suspect. The suspect would be photographed or videoed in a compromising position. The FBI would then use that evidence to pressure him - or her - into assisting in an investigation.”
Agent Roe didn’t comment and Peter sat back, trying to appear unconcerned. It was hard to maintain that façade when Roe covered the microphone and consulted with the other agents. He could feel the sweat dripping down his back, even though the room was far from warm. He hated this, he hated that his reputation was being questioned and tarnished.
“Who raised the idea of using this ‘honey trap’?”
“Walter O’Donnell, sir. He was the one who suggested that we use sex to bait one of the scheme’s major players.”
“Do you recall exactly what he said?”
“I believe his words were, ‘Hang the right piece of meat in front of AJ Civella and he’ll take a great big bite.’ “
“And what was your reaction?”
Peter swallowed. “I was appalled - disgusted. I don’t operate that way and I don’t expect anyone on my team or in the Bureau to work like that. I know that sex can be a legitimate component of an operation, but asking that of an agent should be the last resort, not the first line of recourse.”
“Did you convey that sentiment to Agents DiNapoli and O’Donnell?”
“Not in so many words.”
“What do you mean by that, Agent Burke?”
“A few minutes earlier, the meeting had been interrupted. Another agent in the division, Neal Caffrey, had recognized O’Donnell. They’d roomed together at Quantico – and wanted to greet him.” Peter hoped the formality of his words would keep the line of questioning on track and away from Neal. It didn’t.
“Is it normal for agents to interrupt meetings in your division?”
Peter knew that this was where things were going to get complicated. “I need to back up a bit. Before Agent Caffrey had interrupted, and even before O’Donnell had laid out his plan for using sex to trap Anthony Civella, Jr., he - “ Peter shook his head, disgusted by the memory of that conversation. “Took great delight in telling me that Civella was homosexual. He used derogatory terms that I would not expect anyone to hear from a colleague in this day and age. I was angry and about to lose my temper. I believe that Agent Caffrey had noticed and stepped in to defuse the situation.”
“Would you say you’re a man who has a bad temper?”
That question gave Peter pause, it was so unexpected. He had to think about his answer before speaking and he picked his words with care. “I am not often moved to anger, I consider myself a fair and open-minded person. But bigotry and homophobia have no place in my office, even when such sentiments are directed against a suspect.” Any nerves Peter had at the start of the hearing were disappearing, overtaken by a sense of steely resolve. Whatever the outcome was from this hearing, he knew that he did the right thing and stayed true to the man and the agent that he always thought he was and always wanted to be.
Roe’s next question was surprising, but not shocking. “Is that because you’re gay, Agent Burke?”
This time, Peter didn’t pause before answering, nor did he bother to moderate his tone. “No, it’s because I believe that everyone is entitled to respect, regardless gender, of the color of their skin, their religion or the sexual orientation.”
Agent Roe nodded, but his expression was once again unreadable. “Getting back to the meeting – at what point did you tell either Agent DiNapoli or Agent O’Donnell that you found their comment or their plans for the operation unacceptable.”
“I didn’t get the chance to, sir. Agent Caffrey expressed his concerns about the plans to trap the suspect – he was unaware at this point that Anthony Civella, Jr. was gay – and O’Donnell enlightened him. He referred to the suspect as a ‘faggot’.”
No one on the panel so much as blinked.
“And what was your reaction. Did you reprimand Agent O’Donnell for his language?”
Peter swallowed. “No, sir.”
“Why not?”
“Frankly, I didn’t get the chance. DiNapoli began to make pejorative comments about Agent Caffrey’s - “ Peter grimaced, trying to find a way to express himself in a neutral fashion. “His morality and his masculinity. O’Donnell chimed in about Agent Caffrey’s assignment preferences when they were both agents-in-training. Agent Caffrey had once expressed a strong preference for working in the Art Crimes unit and O’Donnell took that as an indication of political and social leanings.”
Agent Roe held up a hand. “Agent Burke - it’s clear that you and Agents DiNapoli and O’Donnell did not get along, but this is a formal hearing and you are on record. I will caution you to refer to your fellow agents by their titles – to accord them respect.”
Peter nodded. He was amused by the irony and he wasn’t the least bit chastised. “As I was saying, Agent DiNapoli made a number of offensive comments - one I recall in particular.”
“Which was?”
“He said that he bet Agent Caffrey was ‘one of those who think that the fags should marry.’ “
Roe again covered the microphone and turned to the other panel members. Peter wished he hadn’t covered his mouth, over the years he’d gotten pretty good at lip reading. Not that it mattered what they were discussing, Peter had something he needed to say.
“Agent Burke - “
Peter cut him off, “Excuse me, but I need to clarify something before we continue.”
Roe nodded. “Proceed.”
“While I don’t believe that, at the time of the meeting, Agent DiNapoli knew I was gay, I have never hidden my sexuality, at least not since the mid-1990’s. Neither has Agent Caffrey. We’ve been friends for almost thirty-five years, and we’ve been partners for twenty-five of those and we’ve worked in the same office for almost two decades. Our relationship is not secret, everyone in my division is aware of it, including Assistant Director Malloy. What is not generally known yet is that Agent Caffrey and I will be getting married in a few months. Our relationship doesn’t violate any of the Bureau’s fraternization or relationship policies. Agent Caffrey reports directly to AD Malloy, as do I. He runs his own caseload, but has a working brief with White Collar.”
Roe nodded again, and Peter had the feeling that he’d been about to ask about his relationship with Neal. “Thank you for the clarification, Agent Burke. Let’s focus, however, on the matter at hand. Please tell the panel what your reaction was to Agent DiNapoli and Agent O’Donnell’s comments.”
“Agents DiNapoli and O’Donnell were very much taken with the idea of using the suspect’s sexuality to trap him in a bad situation. According to them, Civella’s family is extremely traditional and if the suspect was outed, he’d probably be killed. Their thinking was that with such a threat hanging over his head, he’d have no choice but to cooperate. It was at this point that I realized that keeping Agents DiNapoli and O’Donnell on the case would have resulted in a disaster for the Bureau. Deliberately putting anyone’s – even a suspect’s – life at risk is unacceptable and unethical.”
Agent Roe didn’t say anything for a moment. He consulted his fellow panel members and his notes. “Can you remember your exact words to Agents DiNapoli and O’Donnell when you told them that you would take over the case?”
“Yes. I told them that the case was in our – meaning the White Collar division’s – jurisdiction and that we’d keep them briefed.”
“Was that all you said?”
Peter tried to remember his exact words. “I may have told them that there was no place for bigots on my team.”
“You didn’t say ‘We don’t need no stupid hicks from the Midwest to screw things up’ ?”
Peter blinked. If it wasn’t so pathetic, it would be funny. He wanted to tell the panel that DiNapoli and O’Donnell were stupid hicks, but he didn’t think that would go over too well. “No, sir. I did not.”
“But you did have Agents DiNapoli and O’Donnell thrown out of your office.”
“No, sir – I did not. DiNapoli and O’Donnell were escorted from the White Collar division only after they made additional homophobic comments.”
“About Agent Caffrey?”
“No, sir. About me. And frankly, it only bothered me because they accused me of sexual harassment. O’Donnell – excuse me, Agent O’Donnell asked Agent Caffrey if I put the moves on him in the men’s room. It was at that point that I summoned the guard and had them escorted out. There was no need to continue the confrontation.”
Roe made some notes. “One more question, Agent Burke. How is the investigation going?”
“Into the boiler room scam? It’s going well, although it’s early days still. We’re running two parallel undercover operations. One agent is working in the actual room as a broker, selling penny stocks to dummy customers. Another agent has approached AJ Civella as an investor, looking to launder some money. We’re hoping that that line will take us to the New York bankers.”
“It’s not – as you called it – a honey trap?”
“No, not in the least. The agent working that side of the investigation has a well-establish alias as an off-shore investor. In this case, he’s looking to repatriate a large amount of cash and avoid the tax implications. It’s only a honey trap if Anthony Civella gets physically aroused by the idea of millions of dollars to play with.”
For the first time, Agent Roe and the other members of the panel smiled. “Okay, Agent Burke. We’re done here. Please wait outside until we determine if we need to recall you or if we will be calling witnesses. I don’t need to caution you not to discuss this hearing with anyone other than your attorney until the matter is concluded.”
:::::::::::::::::::::::::::::::::::::::::::::::
Peter sat and fumed and thought about giving a big fuck you to appropriate behavior by taking out his personal phone and surfing the Internet for silly cat videos or porn. At this point, he was more annoyed than aggravated – not because of the hearing, but because he had real work to do. Neal was supposed to be meeting with Civella and Civella’s Wall Street connection tonight and there was no way he wasn’t going to be in the van, monitoring the operation.
The door opened - not the one to the hearing room - but the one from the hallway. Peter was startled to see Neal, and right behind him, Walter O’Donnell.
His partner grimaced and rolled his eyes before taking a seat on the other side of the room. O’Donnell stared at Peter before taking a seat as far from either man as possible. Peter turned to his attorney and she shrugged and whispered, “I guess the panel wants to question the witnesses.”
A few minutes later, Bruce Malloy came in with his attorney. He looked from Peter to Neal and back to Peter before shaking his head in aggravation. He didn’t bother to look over at O’Donnell. The waiting room, although spacious, was getting crowded.
They were all called in and there was some jockeying for seats. Peter didn’t want to sit next to either DiNapoli or O’Donnell and it was clear from how they were directed, that the parties in the complaint – Peter, Bruce Malloy and DiNapoli were to be seated separately from the witnesses.
“Okay, we’re back on the record. The questioning of the parties has been concluded and the panel has elected to question witnesses.” Roe pointed to Neal, “Please state your full name, position and posting.”
“Neal George Caffrey, Special Agent in Charge, Art Crimes division, Manhattan Field Office.”
Neal was sworn in and Peter wished he could figure out which way this questioning was going to go.
Peter didn’t have to wait long. Roe played the card Peter had handed to him earlier. “What is your relationship with Agent Peter Burke?”
Neal didn’t look anywhere but at the man questioning him. “Agent Burke is my colleague. He’s my friend. We’ve known each other since elementary school, we were at Harvard together. We’ve lived together since college. He's also my fiancé.”
Peter covered his mouth to hide his grin. Neal sounded so damn earnest. And proud. But from the angry mutterings between DiNapoli and his attorney, that ass apparently didn’t know that Neal and Peter actually were gay, despite what he’d said to them all those weeks ago.
Roe stared at DiNapoli until the muttering stopped, and then turned to Neal. “Agent Caffrey, you were present during a meeting between Agent Burke, Agent DiNapoli, Agent O’Donnell and Assistant Director Malloy, on July 27, 2012, is that correct?”
“I was present in a meeting, but Assistant Director Malloy had left by the time I’d gotten there."
"According to Agents Burke and DiNapoli, you hadn't been invited to the meeting. Why did you interrupt?"
Peter didn't know why, but he held his breath as Neal answered.
"I'd just returned from a budget meeting and an agent from my own team had told me that Assistant Director Malloy had brought in two out of town agents. I recognized the name of one of them - Walter O'Donnell and I had roomed together when we were agents in training." Neal looked over at O'Donnell and gave him what Peter thought was his most angelic smile. "I also noticed that Agent Burke was losing his temper - something that I've rarely observed in him, either privately or professionally. I deemed it prudent to try to diffuse the situation. Agent Burke seemed to appreciate that and took the opportunity to loop me into the discussion."
Peter relaxed.
Agent Roe checked his notes. "During the meeting that you interrupted, were any operational plans discussed?"
"Yes, sir. Peter, excuse me, Agent Burke asked for my opinion on the case that Agent DiNapoli had brought to the office. It was a boiler room scam - apparently being run by members of Kansas City's organized crime families. Agent O'Donnell offered up his plans for running the operation."
"And what were those?"
Peter listened to Neal's testimony, which dovetailed his own, but paid more attention to watching Walter O'Donnell, who was flushed and sweating and fiddling with his pen. DiNapoli kept shooting looks at his agent and Peter thought that if those were bullets, O'Donnell would have more holes in him than a block of Swiss cheese.
Agent Roe's next question to Neal brought his attention back around. "To your knowledge, has Agent Burke ever used or asked any of the agents in his charge to use sex during an operation?"
"No, he hasn't. He would not do so himself or require it of anyone under his command."
"Thank you, Agent Caffrey - we have no more questions for you." Roe turned to the three agents on the other side of the table. "Assistant Director Malloy, do you have any questions for Agent Caffrey?"
"No." Malloy sounded disgusted, an emotion with which Peter fully concurred.
"Agent Burke?"
He shook his head and declined the offer.
"Agent DiNapoli?"
Peter wondered if it was going to get interesting, and by interesting, he meant bloody.
DiNapoli's attorney looked like he wanted to gag his client, but he was overruled. "Yes, I have just one question for Agent Caffrey."
Roe nodded and gestured for him to proceed.
DiNapoli cleared his throat. "Given your very close, very personal relationship with Peter Burke, do you really expect anyone in this room to believe that you could possibly tell the truth about what went on in that meeting?"
Peter felt the blood roaring in his brain and it took all of his self control not to reach around the people separating him from this asshole and punch him in the face. How dare he question Neal's integrity?
Neal, however, just kept that damn sweet smile on his face and answered simply, "Yes, I do."
For the first time since they'd all sat down, Neal met his gaze and Peter took a deep, calming breath as he found his peace in that glowing blue eyes.
DiNapoli, of course, couldn't shut up. He jumped up and turned to the panel, demanding that Neal's testimony be discarded for its obvious bias. Not only was he a freak and a faggot, he was in a dirty and immoral relationship, and he couldn't be trusted.
"Sit down." Roe shouted.
DiNapoli wasn't at all inclined to listen and he threw off his attorney's arm. "You can't take the word of two shit-fuckers over mine."
"Agent DiNapoli, if you don't sit down and shut up, I'll have you removed."
The man sat down, but he didn't shut up. "I want to question Agent O'Donnell - I want to make sure that you hear the truth."
"One more word, Agent DiNapoli - "
The man finally got the message and shut his mouth.
Roe conferred again with the other panel members. "We've heard enough on this matter. There is no need for an additional testimony. Agent Caffrey, Agent O'Donnell, you are excused." They left the room and Roe marked the time of their exit for the recording.
Roe gave all of them a considering look, lingering a little longer on DiNapoli, before beginning. "There are rarely times when I regret taking this assignment. Requiring the highest standards of integrity for all agents and administering discipline for those who cross the line is an essential part of what makes the FBI the gold standard for law enforcement agencies throughout the world. It's more than a matter of rooting out corruption or weeding out agents who think that they can operate beyond the law - it's insuring that every agent in the FBI understands that if one of us is bad, then all of us can go rotten. Sometimes it seems that we nitpick and look to destroy careers for the least reason, but that is not the case. My fellows agents and I are generally proud of the work we do.
"But not today. We have been forced to entertain a complaint pushed on us by political influence, something that is wholly counter to the mission of this panel. However, we have done our jobs; we've examined the evidence, interviewed the parties named in the complaint and elicited testimony deemed relevant from a witness who is - despite the assertions of the complainant - above reproach.
"We find the complaint of Sylvester DiNapoli against Assistant Director Malloy and Special Agent Peter Burke to be wholly without merit, and that Agent Burke was within his rights to take over the case and that Assistant Director Malloy had full authority to approve the operation lead by the White Collar Division."
Peter didn't so much feel vindicated as relieved. This was over, thank goodness. Except that it wasn't. Not quite yet.
Roe had a few more things to say. "This board does not just review complaints and rule on disciplinary matters; it is empowered to file its own charges. Based on the testimony that's on record, the Board will be filing a disciplinary complaint against Sylvester DiNapoli for his malicious abuse of process, among other charges. We will be recommending that Agent DiNapoli be permanently relieved of his duties as an FBI agent."
DiNapoli began to protest vehemently.
Roe was not giving him any latitude. "Counsel - if you don't get your client under control, he will be suspended immediately."
That seemed to have some effect, as DiNapoli shut his mouth with an audible snap.
"As for Agent O'Donnell - we will be making recommendations regarding his actions and behavior as well."
Agent Roe finally looked back to Peter and Bruce Malloy. "You have our apologies and our thanks for your patience in this process. You are all dismissed."
There was no bang of a gavel, but those words had the same effect. Peter closed his eyes, feeling lighter than air.
Someone squeezed his shoulder; it was Malloy, who smiled down at him. "I'd say, take the rest of the day off, but I know what you've got on your plate."
Peter tried to remember why he hadn't liked this man, but he couldn't. "Yeah - the work never ends."
He got up and thanked his attorney before leaving the hearing room. Neal was waiting outside. There was no sign of O'Donnell, or DiNapoli for that matter.
"Hey, you."
"Hey."
Neal bumped his shoulder. "How about I buy you a cup of coffee. You've got a long night ahead of you."
Peter bumped him back. "I'm not the only one."
FIN
Author:
elrhiarhodanFandom: White Collar
Rating: R
Characters/Pairings: Peter Burke, Neal Caffrey, Agent Roe, OMC - Walter O'Donnell, OMC - Sylvester DiNapoli, OMC - Bruce Malloy (Peter/Neal)
Word Count: ~4400
Spoilers: None
Warnings/Enticements/Triggers: Expression of homophobia
Beta Credit:
coffeethyme4me, miri_thompson Summary: A timestamp to the Wonder(ful) Years story, Something We Never Dreamt We Could Have. The Kansas City agents, Sylvester DiNapoli and Walter O'Donnell, are back and are causing some trouble for Peter (and Neal).
Author’s Note: Written as an extra for my Fic-Can-Ukah meme for
ultracape. Her prompt was "A Collection of Lies" and she asked for a story in the Wonder(ful) Years ‘verse. I have no idea how an FBI disciplinary hearing would work - this is based on what we saw in the beginning of Withdrawal and my imagination. That's it. Don't expect a whole lot of realism here.
Peter could not believe that this had actually escalated into a full-fledged disciplinary hearing. Unbelievably, that bastard, DiNapoli, had actually found a sympathetic ear in DC – some antediluvian Assistant Director who was apparently of the like mind that the fags were going to take over the world if he and his fellow bigots weren’t vigilant. Of course, DiNapoli’s complaint wasn’t about his permissive attitude towards homosexuality. Peter was under fire for overreaching his authority.
Malloy, to his credit, had tried to stave off this hearing, only to find himself named in the complaint as well. At least Neal, who’d been present when DiNapoli and his sidekick, Walter O’Donnell, had spewed their hate, wasn’t dragged into this pile of horse shit.
His attorney been a little surprised that Peter had never faced a review board of any sort before and she’d assured him that these sorts of hearings were ridiculously common – one agent gets a flea up his ass about something and needs to make a stink before he can move on. He still couldn’t stop feeling a little sick about it – his record had been spotless. At least until now.
The hearing was not held at the FBI offices, but in some ridiculously modern conference suite on the forty-fifth floor of a Midtown office building. He was ordered to appear at ten o’clock, but it was already a quarter to one and the waiting was killing him. He hadn’t thought to bring any of the dozen case files he needed to review with him and there wasn’t a magazine in sight in the waiting room. AD Malloy had been called in at ten-thirty and he’d left the chamber about a half-hour ago. Peter just sat and waited, trying to be patient and failing miserably. He kept checking his email, and although the idea was tempting, playing a round or three of Angry Birds seemed extremely unprofessional.
At last, an admin, not a bailiff because this wasn’t a judicial proceeding, opened the door and stuck her head out. “Agent Burke, we’re ready for you.”
At last. Peter wiped his hands against his pants and got up and entered the hearing room. His lawyer followed.
He’d already been introduced to Agent Roe, who sat at the center of the conference table and was flanked by two other agents, and began instructing him on the proceedings. “This is a closed door hearing. We’ve already interviewed Director Malloy. You will be questioned primarily by me and when the interview is finished, you’ll leave the room. Agent DiNapoli will be called in and asked questions as well. Depending on the testimony given by the three agents named in the complaint – ”
Peter asked, “Three?”
An annoyed look crossed Agent Roe’s face at the interruption. “You, Assistant Director Malloy and the complainant, Agent DiNapoli.”
“Ah.” He hadn’t counted that putz.
“As I was saying, after your testimony is finished, the panel may decide to call witnesses. If we do, you, Assistant Director Malloy and Special Agent DiNapoli will each be permitted to briefly question them.”
Peter nodded.
“Then let’s begin. Please state your full name, position and posting for the record.”
“Peter James Burke, ASAC, White Collar division, Manhattan field office.”
“Thank you. Please raise your right hand. Do you swear that the testimony you are about to give…”
Peter repeated the words – ones he’d spoken hundreds of times over the course of his career – before grand juries and in courtrooms, at depositions and even on behalf of other agents in hearings like this. But they never felt so portentous.
“On July 29, 2012, Special Agent in Charge Sylvester DiNapoli and Special Agent Walter O’Donnell, accompanied by Assistant Direct Bruce Malloy, came to the White Collar Division’s offices seeking assistance with a case. Is that correct?”
“Yes, sir.” Peter was surprised his voice wasn’t shaking. He knew he shouldn’t be nervous, he’d done nothing wrong.
Agent Roe asked him a half-dozen other questions about the early part of the meeting – how the Kansas City agents were introduced, how their request for help was presented, how AD Malloy behaved. Peter couldn’t get a read on what Roe or any of the other agents on the panel were thinking. Their faces were schooled to perfect neutrality.
“Agent DiNapoli, in his complaint, stated that you behaved unprofessionally to him and his fellow agent.”
Peter was somewhat surprised by this statement, given the substance of DiNapoli’s complaint – that Peter had overstepped his authority by taking over the Civella boiler room case.
“Agent DiNapoli and his cohort – ” Peter couldn’t think of another word to describe the oafish Walter O’Donnell - “were the ones who behaved unprofessionally.”
Roe asked, “How so?”
Peter took a deep breath. He was prepared for this. “As it’s been stated, DiNapoli and O’Donnell came to New York because they were trying to start an undercover operation here and needed help from my division.”
Roe interrupted, “What was the nature of that operation, Agent Burke?”
“According to DiNapoli, some offspring of the local crime families had set up a boiler room scam, doing the pump-and-dump here in New York, preying on unsophisticated investors. He thought he could set up a honey trap and turn one of the leaders of the ring, use him to break open the organized crime families back home.”
“Honey trap? I’m not sure I’m familiar with the term.”
Peter sincerely doubted that Agent Roe had never heard that expression, but he explained for the record. “A honey trap is an operation that uses sex to ensnare a suspect. The suspect would be photographed or videoed in a compromising position. The FBI would then use that evidence to pressure him - or her - into assisting in an investigation.”
Agent Roe didn’t comment and Peter sat back, trying to appear unconcerned. It was hard to maintain that façade when Roe covered the microphone and consulted with the other agents. He could feel the sweat dripping down his back, even though the room was far from warm. He hated this, he hated that his reputation was being questioned and tarnished.
“Who raised the idea of using this ‘honey trap’?”
“Walter O’Donnell, sir. He was the one who suggested that we use sex to bait one of the scheme’s major players.”
“Do you recall exactly what he said?”
“I believe his words were, ‘Hang the right piece of meat in front of AJ Civella and he’ll take a great big bite.’ “
“And what was your reaction?”
Peter swallowed. “I was appalled - disgusted. I don’t operate that way and I don’t expect anyone on my team or in the Bureau to work like that. I know that sex can be a legitimate component of an operation, but asking that of an agent should be the last resort, not the first line of recourse.”
“Did you convey that sentiment to Agents DiNapoli and O’Donnell?”
“Not in so many words.”
“What do you mean by that, Agent Burke?”
“A few minutes earlier, the meeting had been interrupted. Another agent in the division, Neal Caffrey, had recognized O’Donnell. They’d roomed together at Quantico – and wanted to greet him.” Peter hoped the formality of his words would keep the line of questioning on track and away from Neal. It didn’t.
“Is it normal for agents to interrupt meetings in your division?”
Peter knew that this was where things were going to get complicated. “I need to back up a bit. Before Agent Caffrey had interrupted, and even before O’Donnell had laid out his plan for using sex to trap Anthony Civella, Jr., he - “ Peter shook his head, disgusted by the memory of that conversation. “Took great delight in telling me that Civella was homosexual. He used derogatory terms that I would not expect anyone to hear from a colleague in this day and age. I was angry and about to lose my temper. I believe that Agent Caffrey had noticed and stepped in to defuse the situation.”
“Would you say you’re a man who has a bad temper?”
That question gave Peter pause, it was so unexpected. He had to think about his answer before speaking and he picked his words with care. “I am not often moved to anger, I consider myself a fair and open-minded person. But bigotry and homophobia have no place in my office, even when such sentiments are directed against a suspect.” Any nerves Peter had at the start of the hearing were disappearing, overtaken by a sense of steely resolve. Whatever the outcome was from this hearing, he knew that he did the right thing and stayed true to the man and the agent that he always thought he was and always wanted to be.
Roe’s next question was surprising, but not shocking. “Is that because you’re gay, Agent Burke?”
This time, Peter didn’t pause before answering, nor did he bother to moderate his tone. “No, it’s because I believe that everyone is entitled to respect, regardless gender, of the color of their skin, their religion or the sexual orientation.”
Agent Roe nodded, but his expression was once again unreadable. “Getting back to the meeting – at what point did you tell either Agent DiNapoli or Agent O’Donnell that you found their comment or their plans for the operation unacceptable.”
“I didn’t get the chance to, sir. Agent Caffrey expressed his concerns about the plans to trap the suspect – he was unaware at this point that Anthony Civella, Jr. was gay – and O’Donnell enlightened him. He referred to the suspect as a ‘faggot’.”
No one on the panel so much as blinked.
“And what was your reaction. Did you reprimand Agent O’Donnell for his language?”
Peter swallowed. “No, sir.”
“Why not?”
“Frankly, I didn’t get the chance. DiNapoli began to make pejorative comments about Agent Caffrey’s - “ Peter grimaced, trying to find a way to express himself in a neutral fashion. “His morality and his masculinity. O’Donnell chimed in about Agent Caffrey’s assignment preferences when they were both agents-in-training. Agent Caffrey had once expressed a strong preference for working in the Art Crimes unit and O’Donnell took that as an indication of political and social leanings.”
Agent Roe held up a hand. “Agent Burke - it’s clear that you and Agents DiNapoli and O’Donnell did not get along, but this is a formal hearing and you are on record. I will caution you to refer to your fellow agents by their titles – to accord them respect.”
Peter nodded. He was amused by the irony and he wasn’t the least bit chastised. “As I was saying, Agent DiNapoli made a number of offensive comments - one I recall in particular.”
“Which was?”
“He said that he bet Agent Caffrey was ‘one of those who think that the fags should marry.’ “
Roe again covered the microphone and turned to the other panel members. Peter wished he hadn’t covered his mouth, over the years he’d gotten pretty good at lip reading. Not that it mattered what they were discussing, Peter had something he needed to say.
“Agent Burke - “
Peter cut him off, “Excuse me, but I need to clarify something before we continue.”
Roe nodded. “Proceed.”
“While I don’t believe that, at the time of the meeting, Agent DiNapoli knew I was gay, I have never hidden my sexuality, at least not since the mid-1990’s. Neither has Agent Caffrey. We’ve been friends for almost thirty-five years, and we’ve been partners for twenty-five of those and we’ve worked in the same office for almost two decades. Our relationship is not secret, everyone in my division is aware of it, including Assistant Director Malloy. What is not generally known yet is that Agent Caffrey and I will be getting married in a few months. Our relationship doesn’t violate any of the Bureau’s fraternization or relationship policies. Agent Caffrey reports directly to AD Malloy, as do I. He runs his own caseload, but has a working brief with White Collar.”
Roe nodded again, and Peter had the feeling that he’d been about to ask about his relationship with Neal. “Thank you for the clarification, Agent Burke. Let’s focus, however, on the matter at hand. Please tell the panel what your reaction was to Agent DiNapoli and Agent O’Donnell’s comments.”
“Agents DiNapoli and O’Donnell were very much taken with the idea of using the suspect’s sexuality to trap him in a bad situation. According to them, Civella’s family is extremely traditional and if the suspect was outed, he’d probably be killed. Their thinking was that with such a threat hanging over his head, he’d have no choice but to cooperate. It was at this point that I realized that keeping Agents DiNapoli and O’Donnell on the case would have resulted in a disaster for the Bureau. Deliberately putting anyone’s – even a suspect’s – life at risk is unacceptable and unethical.”
Agent Roe didn’t say anything for a moment. He consulted his fellow panel members and his notes. “Can you remember your exact words to Agents DiNapoli and O’Donnell when you told them that you would take over the case?”
“Yes. I told them that the case was in our – meaning the White Collar division’s – jurisdiction and that we’d keep them briefed.”
“Was that all you said?”
Peter tried to remember his exact words. “I may have told them that there was no place for bigots on my team.”
“You didn’t say ‘We don’t need no stupid hicks from the Midwest to screw things up’ ?”
Peter blinked. If it wasn’t so pathetic, it would be funny. He wanted to tell the panel that DiNapoli and O’Donnell were stupid hicks, but he didn’t think that would go over too well. “No, sir. I did not.”
“But you did have Agents DiNapoli and O’Donnell thrown out of your office.”
“No, sir – I did not. DiNapoli and O’Donnell were escorted from the White Collar division only after they made additional homophobic comments.”
“About Agent Caffrey?”
“No, sir. About me. And frankly, it only bothered me because they accused me of sexual harassment. O’Donnell – excuse me, Agent O’Donnell asked Agent Caffrey if I put the moves on him in the men’s room. It was at that point that I summoned the guard and had them escorted out. There was no need to continue the confrontation.”
Roe made some notes. “One more question, Agent Burke. How is the investigation going?”
“Into the boiler room scam? It’s going well, although it’s early days still. We’re running two parallel undercover operations. One agent is working in the actual room as a broker, selling penny stocks to dummy customers. Another agent has approached AJ Civella as an investor, looking to launder some money. We’re hoping that that line will take us to the New York bankers.”
“It’s not – as you called it – a honey trap?”
“No, not in the least. The agent working that side of the investigation has a well-establish alias as an off-shore investor. In this case, he’s looking to repatriate a large amount of cash and avoid the tax implications. It’s only a honey trap if Anthony Civella gets physically aroused by the idea of millions of dollars to play with.”
For the first time, Agent Roe and the other members of the panel smiled. “Okay, Agent Burke. We’re done here. Please wait outside until we determine if we need to recall you or if we will be calling witnesses. I don’t need to caution you not to discuss this hearing with anyone other than your attorney until the matter is concluded.”
Peter sat and fumed and thought about giving a big fuck you to appropriate behavior by taking out his personal phone and surfing the Internet for silly cat videos or porn. At this point, he was more annoyed than aggravated – not because of the hearing, but because he had real work to do. Neal was supposed to be meeting with Civella and Civella’s Wall Street connection tonight and there was no way he wasn’t going to be in the van, monitoring the operation.
The door opened - not the one to the hearing room - but the one from the hallway. Peter was startled to see Neal, and right behind him, Walter O’Donnell.
His partner grimaced and rolled his eyes before taking a seat on the other side of the room. O’Donnell stared at Peter before taking a seat as far from either man as possible. Peter turned to his attorney and she shrugged and whispered, “I guess the panel wants to question the witnesses.”
A few minutes later, Bruce Malloy came in with his attorney. He looked from Peter to Neal and back to Peter before shaking his head in aggravation. He didn’t bother to look over at O’Donnell. The waiting room, although spacious, was getting crowded.
They were all called in and there was some jockeying for seats. Peter didn’t want to sit next to either DiNapoli or O’Donnell and it was clear from how they were directed, that the parties in the complaint – Peter, Bruce Malloy and DiNapoli were to be seated separately from the witnesses.
“Okay, we’re back on the record. The questioning of the parties has been concluded and the panel has elected to question witnesses.” Roe pointed to Neal, “Please state your full name, position and posting.”
“Neal George Caffrey, Special Agent in Charge, Art Crimes division, Manhattan Field Office.”
Neal was sworn in and Peter wished he could figure out which way this questioning was going to go.
Peter didn’t have to wait long. Roe played the card Peter had handed to him earlier. “What is your relationship with Agent Peter Burke?”
Neal didn’t look anywhere but at the man questioning him. “Agent Burke is my colleague. He’s my friend. We’ve known each other since elementary school, we were at Harvard together. We’ve lived together since college. He's also my fiancé.”
Peter covered his mouth to hide his grin. Neal sounded so damn earnest. And proud. But from the angry mutterings between DiNapoli and his attorney, that ass apparently didn’t know that Neal and Peter actually were gay, despite what he’d said to them all those weeks ago.
Roe stared at DiNapoli until the muttering stopped, and then turned to Neal. “Agent Caffrey, you were present during a meeting between Agent Burke, Agent DiNapoli, Agent O’Donnell and Assistant Director Malloy, on July 27, 2012, is that correct?”
“I was present in a meeting, but Assistant Director Malloy had left by the time I’d gotten there."
"According to Agents Burke and DiNapoli, you hadn't been invited to the meeting. Why did you interrupt?"
Peter didn't know why, but he held his breath as Neal answered.
"I'd just returned from a budget meeting and an agent from my own team had told me that Assistant Director Malloy had brought in two out of town agents. I recognized the name of one of them - Walter O'Donnell and I had roomed together when we were agents in training." Neal looked over at O'Donnell and gave him what Peter thought was his most angelic smile. "I also noticed that Agent Burke was losing his temper - something that I've rarely observed in him, either privately or professionally. I deemed it prudent to try to diffuse the situation. Agent Burke seemed to appreciate that and took the opportunity to loop me into the discussion."
Peter relaxed.
Agent Roe checked his notes. "During the meeting that you interrupted, were any operational plans discussed?"
"Yes, sir. Peter, excuse me, Agent Burke asked for my opinion on the case that Agent DiNapoli had brought to the office. It was a boiler room scam - apparently being run by members of Kansas City's organized crime families. Agent O'Donnell offered up his plans for running the operation."
"And what were those?"
Peter listened to Neal's testimony, which dovetailed his own, but paid more attention to watching Walter O'Donnell, who was flushed and sweating and fiddling with his pen. DiNapoli kept shooting looks at his agent and Peter thought that if those were bullets, O'Donnell would have more holes in him than a block of Swiss cheese.
Agent Roe's next question to Neal brought his attention back around. "To your knowledge, has Agent Burke ever used or asked any of the agents in his charge to use sex during an operation?"
"No, he hasn't. He would not do so himself or require it of anyone under his command."
"Thank you, Agent Caffrey - we have no more questions for you." Roe turned to the three agents on the other side of the table. "Assistant Director Malloy, do you have any questions for Agent Caffrey?"
"No." Malloy sounded disgusted, an emotion with which Peter fully concurred.
"Agent Burke?"
He shook his head and declined the offer.
"Agent DiNapoli?"
Peter wondered if it was going to get interesting, and by interesting, he meant bloody.
DiNapoli's attorney looked like he wanted to gag his client, but he was overruled. "Yes, I have just one question for Agent Caffrey."
Roe nodded and gestured for him to proceed.
DiNapoli cleared his throat. "Given your very close, very personal relationship with Peter Burke, do you really expect anyone in this room to believe that you could possibly tell the truth about what went on in that meeting?"
Peter felt the blood roaring in his brain and it took all of his self control not to reach around the people separating him from this asshole and punch him in the face. How dare he question Neal's integrity?
Neal, however, just kept that damn sweet smile on his face and answered simply, "Yes, I do."
For the first time since they'd all sat down, Neal met his gaze and Peter took a deep, calming breath as he found his peace in that glowing blue eyes.
DiNapoli, of course, couldn't shut up. He jumped up and turned to the panel, demanding that Neal's testimony be discarded for its obvious bias. Not only was he a freak and a faggot, he was in a dirty and immoral relationship, and he couldn't be trusted.
"Sit down." Roe shouted.
DiNapoli wasn't at all inclined to listen and he threw off his attorney's arm. "You can't take the word of two shit-fuckers over mine."
"Agent DiNapoli, if you don't sit down and shut up, I'll have you removed."
The man sat down, but he didn't shut up. "I want to question Agent O'Donnell - I want to make sure that you hear the truth."
"One more word, Agent DiNapoli - "
The man finally got the message and shut his mouth.
Roe conferred again with the other panel members. "We've heard enough on this matter. There is no need for an additional testimony. Agent Caffrey, Agent O'Donnell, you are excused." They left the room and Roe marked the time of their exit for the recording.
Roe gave all of them a considering look, lingering a little longer on DiNapoli, before beginning. "There are rarely times when I regret taking this assignment. Requiring the highest standards of integrity for all agents and administering discipline for those who cross the line is an essential part of what makes the FBI the gold standard for law enforcement agencies throughout the world. It's more than a matter of rooting out corruption or weeding out agents who think that they can operate beyond the law - it's insuring that every agent in the FBI understands that if one of us is bad, then all of us can go rotten. Sometimes it seems that we nitpick and look to destroy careers for the least reason, but that is not the case. My fellows agents and I are generally proud of the work we do.
"But not today. We have been forced to entertain a complaint pushed on us by political influence, something that is wholly counter to the mission of this panel. However, we have done our jobs; we've examined the evidence, interviewed the parties named in the complaint and elicited testimony deemed relevant from a witness who is - despite the assertions of the complainant - above reproach.
"We find the complaint of Sylvester DiNapoli against Assistant Director Malloy and Special Agent Peter Burke to be wholly without merit, and that Agent Burke was within his rights to take over the case and that Assistant Director Malloy had full authority to approve the operation lead by the White Collar Division."
Peter didn't so much feel vindicated as relieved. This was over, thank goodness. Except that it wasn't. Not quite yet.
Roe had a few more things to say. "This board does not just review complaints and rule on disciplinary matters; it is empowered to file its own charges. Based on the testimony that's on record, the Board will be filing a disciplinary complaint against Sylvester DiNapoli for his malicious abuse of process, among other charges. We will be recommending that Agent DiNapoli be permanently relieved of his duties as an FBI agent."
DiNapoli began to protest vehemently.
Roe was not giving him any latitude. "Counsel - if you don't get your client under control, he will be suspended immediately."
That seemed to have some effect, as DiNapoli shut his mouth with an audible snap.
"As for Agent O'Donnell - we will be making recommendations regarding his actions and behavior as well."
Agent Roe finally looked back to Peter and Bruce Malloy. "You have our apologies and our thanks for your patience in this process. You are all dismissed."
There was no bang of a gavel, but those words had the same effect. Peter closed his eyes, feeling lighter than air.
Someone squeezed his shoulder; it was Malloy, who smiled down at him. "I'd say, take the rest of the day off, but I know what you've got on your plate."
Peter tried to remember why he hadn't liked this man, but he couldn't. "Yeah - the work never ends."
He got up and thanked his attorney before leaving the hearing room. Neal was waiting outside. There was no sign of O'Donnell, or DiNapoli for that matter.
"Hey, you."
"Hey."
Neal bumped his shoulder. "How about I buy you a cup of coffee. You've got a long night ahead of you."
Peter bumped him back. "I'm not the only one."
![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png){kind=small}
no subject
Date: 2013-12-24 07:00 am (UTC)no subject
Date: 2013-12-22 04:22 pm (UTC)I took a break (house cleaning) and treated myself to this story. Yay \o/ So excellent. I guess it was a given the shithead would try to get back at Peter. But everyone handled it so perfectly. I loved Peter's testimony, the way he kept himself under control when talking both about that meeting and about the love of his life :D And then Neal was testifying and I was just as proud of him as Peter was.
And the closing speech of the hearing board was a cherry on top. Made me smile that everywhere there are people thanks to who the DiNapolis of this world are silenced and prevented from spreading their venom. YES \o/
Awww, thank you for another wonderful timestamp :D *hugs*
no subject
Date: 2013-12-22 04:24 pm (UTC)no subject
Date: 2013-12-22 06:21 pm (UTC)I think that says it all, except for THANK YOU.
no subject
Date: 2013-12-22 06:31 pm (UTC)no subject
Date: 2013-12-22 06:55 pm (UTC)I think I have a particular kink for them having to talk about their relationship in such a public and serious venue. It was seriously, seriously hot when Peter had to state during the deposition (or whatever you call it) that the guy had asked Neal if Peter made the moves on him in the men's room. Because YES, ACTUALLY!!!!! Gah!
Neal's testimony is just as titillating to me, too.
Loved it. <3
no subject
Date: 2013-12-22 08:02 pm (UTC)I hated the way those agents behaved in the previous fic and it was a pleasure to see them finally get their comeuppance. Especially enjoyable as I sit here reading in Utah where the ban on marriage equality was just ruled unconstitutional last week!
PS When are we going to get the wedding fic?!!!
no subject
Date: 2013-12-23 03:08 am (UTC)no subject
Date: 2013-12-23 09:45 am (UTC)no subject
Date: 2013-12-23 06:15 pm (UTC)So it's very, very satisfying to read a story about idjits getting smacked down with no rebound.
And Peter! Knowing he's right and he did all the right things and still sweating over it. And Neal being his charming self, not showing anything but cheerfulness and sincerity when he was probably sweating it out, too, knowing what was at stake.
The shoulder bumps made me all verklempt.
no subject
Date: 2013-12-23 10:25 pm (UTC)And, of course I loved Neal too, playing it too and being supportive in his own special way.
Thank you for this lovely bit of Christmas happiness.
no subject
Date: 2014-01-02 05:23 am (UTC)no subject
Date: 2014-04-09 08:14 pm (UTC)no subject
Date: 2014-04-09 08:17 pm (UTC)And yes, the Wonder(ful) Years is a very active series and there are always more stories planned.
This isn't the last one, if you're working off of my master list - there's one more that I haven't had the chance to add - When Tomorrow Comes (The Chaos of Our Lives).
Thank you again for reading and letting me know how much you enjoyed it.