The Surrender Experiment

In the intense aftermath of the FBI raid on Medical Manager Corporation, Singer is confronted by alarming headlines, including one from The Gainesville Sun that reads “FBI Raids Alachua Medical Manager Offices” (217). Despite knowing he’s done nothing wrong, he recognizes that his reputation is now under public scrutiny, with major news outlets like The Wall Street Journal and The New York Times seeking his comments.

WebMD’s board quickly convenes a call, and determines that everyone involved needs legal representation, including separate law firms for the company, the board, and individual executives. With the magnitude of the case, around 30 to 40 attorneys are required. Singer, unfamiliar with criminal matters, seeks guidance from Jim Mercer, whom he respects deeply.

Through Mercer’s connections, Singer is introduced to Randy Turk, a highly respected criminal defense attorney from Baker Botts. Singer and Turk discuss the investigation, and it becomes clear that former executive Bobby Davids had orchestrated a scheme to avoid his own punishment by fabricating a story implicating the entire upper management in accounting fraud. Davids, knowing the intricacies of the company’s financial operations, had fed the government detailed but false information, presenting himself as a whistleblower.

Despite the daunting challenges ahead, Singer trusts that life’s flow has brought him to the right place and person, and he embraces his journey of surrender, ready to face the legal battle.

Despite initial confidence that the investigation will reveal the truth and exonerate him, Singer slowly realizes the gravity of the situation. His legal team, led by Randy Turk, informs him that he is a primary target due to his role as CEO, though he remains hopeful that the truth will prevail. Meanwhile, Bobby Davids, the former executive responsible for the kickback schemes, has struck a plea deal, intensifying Singer’s concerns. In July 2004, Singer steps down as CEO, and in February 2005, he resigns from the WebMD board, a decision he views as an act of personal surrender. Despite ongoing uncertainty, he begins writing his book, The Untethered Soul, while preparing for additional legal battles. By December 2005, the government indicts Singer and other executives, charging them with crimes related to the fraudulent activities of Davids.

Singer confronts the aftermath of his indictment along with nine other Medical Manager executives. The charges, rooted in fraudulent claims made by Bobby Davids, accuse the executives of causing improper accounting practices, which carry severe penalties, including up to 15 years in prison. Singer feels shocked by the accusations detailed in the indictment, which omit Davids’ name and portray a distorted version of events. While Randy Turk, Singer’s defense attorney, is not surprised by the government’s narrative, he emphasizes that the truth can only emerge during the trial.

Though the case remains complex and burdensome, with massive amounts of disclosure material to review, the truth of their innocence becomes increasingly clear as no hard evidence is found against them. Nonetheless, the long legal process and the government’s circumstantial arguments loom over them. Against this backdrop, The Untethered Soul is successfully published in 2007, spreading light and hope, even as Singer’s legal battles continue.

Singer describes the next phase of his legal battle after receiving the government’s disclosure materials. His defense team, led by Randy Turk, files for a “bill of particulars” to compel the government to specify exactly which acquisitions and accounting entries will be used against them at trial (233). Singer realizes that the Constitution, specifically the Sixth Amendment, grants him the right to be informed of the charges and defend himself properly.

As the defense combs through millions of documents, it becomes clear that Bobby Davids manipulated the system to result in a criminal case against the other executives unaware of his fraud.

In early 2008, Randy is diagnosed with cancer. Though he pushes through after surgery, the cancer returns, necessitating chemotherapy. Singer is devastated but focuses on preparing for the trial, eventually securing a three-month extension. Singer begins working with a new lead attorney while hoping for Randy’s recovery.

In the critical pretrial phase, Singer’s legal team file motions to challenge the government’s evidence, arguing it is misleading and taken out of context. These pretrial hearings, which question the trustworthiness of key documents, allow Singer’s defense to make substantial progress. Despite growing hope, Judge Blatt, who’s presided over the case for three years, steps down due to health concerns, and Judge Norton, is assigned to the case in his place. Judge Norton rules fairly in the pretrial motion and shows skepticism toward the government’s claims. As the trial date approaches, the government begins dropping charges against lower-tier executives, leaving Singer and two other top executives to face trial. However, just weeks before trial, the government unexpectedly offers to settle. Singer agrees to a minor financial concession, and the charges against him are dropped.

Though Singer feels relieved by his own exoneration, the trial proceeds for his colleagues, John Kang and John Sessions. Singer is shocked that they are found guilty despite the weak evidence. Judge Norton later dismisses the verdict, stating the government had failed to prove its case.

Singer reflects on the full-circle nature of his journey. After 40 years, he finds himself living in the same place where his spiritual journey began, with life’s flow having shaped him significantly. He explains how surrendering to life’s challenges, including the legal ordeal, has left no lasting scars on his psyche. Instead, these experiences have served as a tool for inner transformation, freeing him from personal boundaries and fears. Singer emphasizes the profound peace and freedom that come from surrendering to life’s flow, allowing joy and freedom to replace resistance and struggle.