Close, But No Cigar

by Jason Charnick

6/24/98

Fifth Draft


     1 - BLACK SCREEN

     A title card fades in. It reads:
     		
     		"I will set down a tale... it may be history, it may be
     		only a legend, a tradition. It may have happened, it may
     		not have happened. But it could have happened..."
     
     														-- Mark Twain

     After a few moments, the title card fades to black and we see 
     the...



     2 - OPENING CREDITS

     After the credits are finished, we...

                                                         SMASH CUT TO:



     3 - INT. CIGAR STORE - DAY.

     The store is your typical smoke shop, with cigars and accessories 
     displayed throughout. 

     A BUSINESSMAN, in his early 40's, browses the store not looking at 
     anything in particular. As he browses, he occasionally glances at 
     the front counter, where the OWNER is talking to ANOTHER CUSTOMER.

                              CUSTOMER
                    But I just don't understand why I 
                    need to spend an extra fifty bucks 
                    for a "humidor" when I could just 
                    keep them right here in this trusty 
                    box.

                              OWNER
                    It helps to keep the cigars fresh. 
                    You see, when-

                              CUSTOMER
                    I don't need it explained to me. A 
                    new cigar enthusiast comes into 
                    your store, not knowing everything 
                    under the sun about cigars, and you 
                    want to take him for an extra fifty 
                    bucks. Well, I'll tell you, mister. 
                    It ain't gonna happen. 
                    And you can be sure none of my 
                    cigar smoking friends won't be 
                    frequenting your establishment 
                    either!

     The customer quickly turns and bolts out the door.

                              OWNER
                        (raising voice)
                    Have a nice day, sir!

     After making the rounds, and noticing that he is alone in the 
     store with the owner, the businessman goes right up to the front 
     counter and wastes no time in asking:

                              BUSINESSMAN
                    What's the most expensive box of 
                    cigars you sell here?

                              OWNER
                    Do you believe that? Some guy sees 
                    Demi Moore lighting one up on the 
                    cover of a magazine, so he figures 
                    "Hey, I can be cool too!" Those 
                    people make me sick.
                        (pause)
                    I'm sorry sir, you were saying?

                              BUSINESSMAN
                    I said, what's the most expensive 
                    box of cigars you sell here?

                              OWNER
                        (looking into glass case)
                    Oh! Well, we got a nice box of 
                    Monte Cristo's over here. They run 
                    200 for a box of 25.

                              BUSINESSMAN
                    No, I mean, the absolute most 
                    expensive box you own.

                              OWNER
                    I'm afraid I don't get you, sir.

                              BUSINESSMAN
                    Surely you have that "prized" box 
                    of stogies. You know, the one you 
                    love so much you'd be willing to 
                    take a bullet for it.

                              OWNER
                    Sir, I really don't think it's 
                    appro-

                              BUSINESSMAN
                    Now I have a lot of money that I'm 
                    willing to spend and I am serious.

     The businessman reaches into the inner lining of his jacket and 
     pulls out a wad of bills.

                              BUSINESSMAN
                    I am willing to pay cash. Right 
                    here, right now. Are you certain 
                    you don't have anything that would 
                    interest me?

                              OWNER
                    Actually... I do think I have a 
                    special item in the back that might 
                    tickle your fancy.

                              BUSINESSMAN
                    I thought so.

                              OWNER
                    I'll be right back, sir.

                              BUSINESSMAN
                    Thank you.

     The owner walks through a curtain into the back of the store. 
     Meanwhile, the businessman waits patiently, rifling through a 
     cigar magazine as he waits. A few seconds pass, and the owner 
     comes back out, carrying a high-end humidor.

                              OWNER
                    This is the finest humidor I own. 
                    And inside...
                        (opens the humidor)
                    ...a set of ten totally authentic 
                    Cuban Habana's, circa 1945, 1950.

                              BUSINESSMAN
                    Go on...

                              OWNER
                    My uncle fought in the Korean War 
                    you see. And while he was overseas, 
                    he met a G.I. from Florida by the 
                    name of James McIntyre. Seems this 
                    Colonel McIntyre died in battle, 
                    and left his best friend, my uncle, 
                    his prized Habanas. 
                    My uncle knew a good thing when he 
                    saw it, and stored it in his 
                    personal humidor as soon as he 
                    landed back stateside. And when he 
                    prematurely passed away a few years 
                    back, he left them to me, knowing 
                    that I'd be able to keep them as 
                    fresh as the day they were made... 
                    some fifty odd years ago.

                              BUSINESSMAN
                    Hmmm... And how much?

                              OWNER
                    Now you've got to understand what 
                    kind of position a man like 
                    yourself puts a man like myself in.

                              BUSINESSMAN
                    I think I understand.

                              OWNER
                    I mean, these just aren't your run-
                    of-the-mill Garcia y Vega's here. 
                    These are family heirlooms. They 
                    hold a personal value that dollars 
                    really can't compensate for.

                              BUSINESSMAN
                    I'll give you ten thousand, and you 
                    throw the humidor in, too.

     The owner quickly abandons his light-hearted "reminiscing" 
     demeanor, adopting a more serious, negotiator-like tone.

                              OWNER
                    Fifteen.

                              BUSINESSMAN
                    Twelve.

                              OWNER
                    Twelve and a half.

                              BUSINESSMAN
                        (picks up magazine)
                    Throw this in?

                              OWNER
                    Sure.

                              BUSINESSMAN
                    Then it appears we have ourselves a 
                    deal.

                              OWNER
                        (pleased)
                    It appears so.

     The businessman begins counting out bills as we...

                                                          DISSOLVE TO:



     4 - INT. BUSINESSMAN'S HOME - EVENING.

     The businessman's home is reflective of the man we came to know in 
     the cigar store. He has fine art framed on his walls, high class 
     furniture throughout, and various other objects symptomatic of an 
     affluent lifestyle.

     He sits in a recliner, cradling his phone receiver between his 
     neck and shoulder. The humidor lies open on an end table next to 
     the recliner. He holds one cigar in his fingers, caressing it and 
     smelling it like a delicate flower.

                              BUSINESSMAN
                    Yes. Yes. I'll hold. Thank you.
                        (pause)
                    Hi! Tom? Yeah, hey, how you doing?
                        (pause)
                    Good. Good to hear.
                        (pause)
                    Hey, that's great! Good, good, 
                    good. Look, I need you to come over 
                    to my place tonight if you can.
                        (pause)
                    Yeah. Yeah. I need you to write up 
                    a policy for me.
                        (pause)
                    Oh, it's important, all right. I 
                    just made a sweet little 
                    "investment," and I need to make 
                    sure as soon as possible that it's 
                    covered.
                        (pause)
                    Right. Right. An individual policy 
                    just for this.
                        (pause)
                    Exactly. So you can come over then?
                        (pause)
                    Half an hour? Great. I'll be 
                    waiting. O.K. See you then. Bye.

     He hangs up the phone.

                                                          DISSOLVE TO:



     5 - INT. BUSINESSMAN'S HOME - HALF AN HOUR LATER.

     The businessman is still sitting in his recliner, still fondling 
     his precious cigars, when he hears his door bell ring.

     At the door is his INSURANCE MAN, still dressed in his suit, and 
     carrying an attache case.

                              BUSINESSMAN
                    Tom, good buddy! How goes it?

                              INSURANCE MAN
                    Same old, same old. You know how it 
                    is.

                              BUSINESSMAN
                    That I do... That I do. You didn't 
                    have any trouble getting over here 
                    on such short notice did you?

     The insurance man hangs his coat up on the coat rack right next to 
     the doorway.

                              INSURANCE MAN
                    Nah. It's no big deal. Don't worry 
                    about it. Why don't you tell me all 
                    about this "little investment" of 
                    yours.

                              BUSINESSMAN
                    Right this way, pal. Right. This. 
                    Way.

     The businessman escorts his insurance man into the living room.

                              BUSINESSMAN
                        (pointing at the cigars)
                    Take a look at those beauties.

                              INSURANCE MAN
                    Cigars? What the fuck kind of 
                    investment is that?

                              BUSINESSMAN
                    Now look here. The market's a 
                    little low for these babies right 
                    now, but these are genuine Cubans 
                    from the fifties.

                              INSURANCE MAN
                    1950's?

                              BUSINESSMAN
                    Like rock and roll and poodle 
                    skirts.

                              INSURANCE MAN
                        (pause)
                    So you have a box of forty-plus 
                    year old stogies. They can't be 
                    smoked anyway.

                              BUSINESSMAN
                    Au contraire, mon frere. This 
                    little humidor right here has kept 
                    these babies as fresh as the day 
                    they were hand-rolled by some 12-
                    year-old Cuban sweatshop worker.

                              INSURANCE MAN
                    And just how much did you pay for 
                    this little box of tasty tobacco 
                    goodness?

                              BUSINESSMAN
                    Twelve and half.

                              INSURANCE MAN
                    What?!?

                              BUSINESSMAN
                    Relax, I know what I'm doing. Here, 
                    have a seat.

     The businessman sits back down in his recliner, while the 
     insurance man takes a seat on the couch.

                              INSURANCE MAN
                    You damn well better know what the 
                    hell you're doing for twelve G's. 
                    Might as well get to work then.

     The insurance man lays his attache case on the coffee table, opens 
     it up, and pulls out a stack of papers.

     The camera then PANS over to the clock on the end table, where it 
     shows 9:25. A MATCH DISSOLVE then denotes the passage of time, 
     with the clock now showing 11:02. The camera now PANS back over to 
     the two gentlemen, as they wrap up their work.

                              BUSINESSMAN
                    So let me just get this straight in 
                    my own head before I sign anything.

                              INSURANCE MAN
                    The cigars and the humidor are 
                    covered for $12,500 for the usual 
                    mishaps: theft, household 
                    accidents, etc.

                              BUSINESSMAN
                    And the double indemnity clause 
                    kicks in in case of flood, fire, or 
                    earthquake.

                              INSURANCE MAN
                    Hell, I'll even throw a tornado in 
                    their if you want me to.

                              BUSINESSMAN
                    Nah... I don't think that'll be 
                    necessary.

                              INSURANCE MAN
                        (pointing to the "X" on 
                         the contract)
                    Then if you put your good ol' John 
                    Hancock right there. We'll be all 
                    set.

                              BUSINESSMAN
                        (signing the document)
                    O.K.

                              INSURANCE MAN
                    And that's that. Always a pleasure.

     The insurance man takes the completed, signed contract and puts it 
     back into his attache case, closing it. He gets up, along with the 
     businessman, and they both begin to make their way to the front 
     door.

                              BUSINESSMAN
                    Tom, thanks a bunch for coming 
                    tonight. You know how I am about 
                    these things.

                              INSURANCE MAN
                    What did I say before? Think 
                    nothing of it. I'm in no rush to 
                    get home, anyhow.

                              BUSINESSMAN
                    Oh yeah, that reminds me. Say hello 
                    to Stephanie for me.

                              INSURANCE MAN
                        (taking his coat off the 
                         coat rack)
                    Will do.

                              BUSINESSMAN
                    G'night, Tom.

                              INSURANCE MAN
                    G'night.

     The insurance man leaves and the businessman closes the door. He 
     then starts walking back into his living room with a smirk on his 
     face. He sits back down in his recliner and picks up a cigar from 
     out of the humidor.

                              BUSINESSMAN
                        (lying back)
                    Protected against fire indeed!

     He waves the cigar slowly underneath his nose, savoring its aroma.

                              BUSINESSMAN
                    Well, let's see what 50 year old 
                    Cubans taste like.

     He sits up, unwraps the cigar, and lights it up very deliberately. 
     He then lies back, and enjoys one of his investments.

                                                          DISSOLVE TO:



     6 - INT. CONFERENCE ROOM - DAY

     We are in the conference room for the insurance company that Tom 
     works for. In the center of the room is a large oval table where 
     some of the COMPANY EXECUTIVES are sitting. They are in quite an 
     uproar, talking amongst themselves. Tom is also sitting amongst 
     the executives, discussing something with three or four people, 
     when the C.E.O. of the company walks in.

                              C.E.O.
                    Alright, everybody, let's come to 
                    order.
                        (pause)
                    Now, Tom, since you've already 
                    briefed me on the situation, so why 
                    don't you just give a quick 
                    breakdown for everyone else.

                              TOM
                        (formerly INSURANCE MAN)
                    Well, as you all probably know by 
                    now, our client insured a box of 
                    well-aged Cuban cigars, and then 
                    smoked all ten of them. He then 
                    proceeded to file a claim with us 
                    citing a double indemnity clause 
                    which included, among other things, 
                    protection against fire.

                              EXECUTIVE #1
                    You mean he says that his cigars 
                    were destroyed in a fire, when in 
                    actuality he just smoked them?

                              TOM
                    That's exactly right. Now I've 
                    checked it out with the claims 
                    department, and they say that, 
                    going by the letter of the 
                    coverage, he is indeed entitled to 
                    payment on the claim. I've also 
                    consulted our legal department, and 
                    they say that fighting the contract 
                    in court will cost far more than if 
                    we just decide to settle the claim 
                    and pay out.

                              EXECUTIVE #2
                    And just how much is he entitled 
                    to?

                              TOM
                    Under the claim, with the double 
                    indemnity clause... $25,000 
                    dollars.

     A collective gasp, small but audible is let out by the group of 
     executives.

                              C.E.O.
                    Now Tom, I should fire your fucking 
                    ass for this little debacle we have 
                    on our hands here, but I have an 
                    idea, one that just might alleviate 
                    this problem somewhat. I want you 
                    to check with legal on this first, 
                    but I'm pretty sure everything will 
                    pan out. Here's the plan...

                                                          DISSOLVE TO:



     7 - INT. BUSINESSMAN'S HOME - EARLY EVENING.

     We're back at the businessman's home. He is once again lying down 
     in his recliner, watching TV, and ironically enough, smoking a 
     cigar. A knock at the door forces him to get up.

                              BUSINESSMAN
                        (annoyed)
                    Awww, what the hell?

     He walks over to the front door, and opens it up. Tom stands there 
     with an envelope in his hand.

                              BUSINESSMAN
                    Hello, Tom.

                              TOM
                    Hello.

                              BUSINESSMAN
                    What've you got there?

                              TOM
                    A present from the company to you.

                              BUSINESSMAN
                    Ah. I've been waiting for this in 
                    the mail.

                              TOM
                    I thought it would be best to 
                    deliver it to you in person.

                              BUSINESSMAN
                    How nice of you. Wanna come in, 
                    have a drink?

                              TOM
                    Sure.

     The businessman turns around and walks back into the living room. 
     With his back turned, he doesn't notice that a UNIFORMED POLICE 
     OFFICER accompanying Tom has also entered the apartment.

                              TOM
                    So was it all a sham from the 
                    beginning?

                              BUSINESSMAN
                    Come on, let's talk about something 
                    else. The ball game's on. 
                    I'm hoping Wells'll pitch another 
                    perfect ga-
                        (turning around; notices 
                         officer)
                    Huh? What's this all about?

                              TOM
                    Officer, if you will...

     The police officer steps forward and proceeds to handcuff the 
     businessman.

                              OFFICER
                    Sir, you have the right to remain 
                    silent. If you choose to waive this 
                    right, anything you say can, and 
                    will, be used against you in a 
                    court of law. You have the right to 
                    an attorney-

                              BUSINESSMAN
                        (to Tom)
                    I'm being arrested?
                        (to Officer)
                    I'm being arrested?

                              OFFICER
                    That's correct, sir.

                              BUSINESSMAN
                    What's the charge?

                              OFFICER
                    You're being arrested for ten 
                    counts of first-degree arson, sir. 
                    You have the right to an attorney. 
                    If you can not afford an attorney, 
                    one will be appointed for you, free 
                    of charge.

                              BUSINESSMAN
                    Tom, what the fuck is this? Is this 
                    some kind of sick joke? I didn't do 
                    anything wrong. My policy covered 
                    fire! You son of a bitch!
                        (to Officer)
                    Hey, hey! Loosen up there, tough 
                    guy!
                        (to Tom)
                    Please tell me this is a fuckin' 
                    joke!

                              TOM
                    Like the man said, you committed 
                    arson. and ten counts of it, too. 
                    For what it's worth, you're 
                    certainly not guilty of insurance 
                    fraud. But make no mistake, pal. 
                    You Are A Criminal. We checked it 
                    all out with our legal department. 
                    I guess you didn't do all your 
                    homework, after all.

                              OFFICER
                        (to Tom)
                    We're all ready, here.
                        (to the Businessman)
                    Let's go, sir.

                              TOM
                    Great. Thank you, officer. Looks 
                    like you'll be going away for a 
                    long time. I hear cigars are now as 
                    hot a commodity inside as 
                    cigarettes are.

                              BUSINESSMAN
                    You son of a fuck.

     The officer begins to escort the businessman out, while Tom 
     follows.

                              TOM
                    And you better get used to a new 
                    way of doing that too.

                              BUSINESSMAN
                    Go to hell.

                              TOM
                    Right behind you, buddy.

     Tom slams the door shut behind him.

                                                         SMASH CUT TO:



     8 - EXT. POLICE STATION - NIGHT.

     A police car coming from down the street pulls into a spot in 
     front of the station. The same officer from the previous scene 
     gets out, and circles around to the back door on the passenger's 
     side. He opens the door and takes the businessman out.

     We TRACK with them up the steps as we...

                                                          DISSOLVE TO:



     9 - INT. JAIL CELL - NIGHT.

     The businessman stands in the jail cell as the door slams closed 
     in front of him. He grabs the bars in the usual stereotypical 
     pose.

                                                        FADE TO BLACK.

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