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- Or he could be passing himself off as the hero-worshipper he's already spent the entire movie pretending to be, seemingly guilt-ridden for leaving the man he admired to die.
- I like that theory-I kind of thought something similar was possible- as you say, "Kobayashi" is Söze and the guy we know as Verbal is actual "Kobayashi"- Söze's Amoral Attorney and/or Dragon.
- I assumed this much after about the second viewing based on the scene where they have Kobayashi at gun point and he seemingly calmly tells them they can kill him and it won't matter. Watching it again, there seems to be a small amount of doubt and tremor possibly in his voice. Maybe not... but maybe so? He'd obviously not touch Verbal if Verbal was his second-I-command.
If nothing else, the music is kind of similar. Observe the ending montage in The Usual Suspects and the ending montage in the episode in question.
This creates a different scenario for how the climax on the boat went down:
- Keaton, McManus, Verbal and Hockney arrive at the pier, Keaton gives orders to Verbal to stay back and take the money if the deal goes bad.
- Kobayashi arrives separately.
- Keaton, McManus and Hockney attack the pier, killing most of the thugs.
- Keaton and McManus board the ship to find the dope.
- Verbal murders anyone else remaining on the pier, including Hockney (with the exception of the truck driver killed by Hockney and Arkosh Kovash.)
- Verbal signals Kobayashi, who murders Arturro Marquez and his guard.
- Either Kobayashi or Verbal stabs McManus.
- The remaining thugs are killed offscreen.
- Verbal creeps up on the ladder and shoots Keaton, goes down the ladder and finishes him off. Keaton refers to Verbal as "Keyser," hence Kovash's description of Keyser Söze matches Verbal.
- Verbal sets fire to the boat and leaves.
- At this point, Edie is possibly dead, or Verbal or Kobayashi kills her shortly afterward.
Of course, that doesn't stop the idea of the faceless criminal out to assassinate the one man who does know his face being an incredibly powerful story tool for Verbal to use on Kujan, as is attested to by its enduring nature among real-life viewers. It's perfect for his purposes; it draws Kujan in, gets him interested in Söze, and gives him a Magnificent Bastard persona to attach to his hated figure of Keaton, but nothing in the way of useful clues as to Söze's real motive for being on the ship that night - of course, what would be extremely useful for Kujan is finding some of the solid evidence mentioned earlier to pin to Verbal/Söze, rather than just a spectre of hearsay from the criminal underworld. And, just for the icing on the cake, it makes Söze (i.e., Verbal himself) just sound badass. The guy may be a pragmatist, but he that doesn't mean he has no ego whatsoever, right?
It fits with the fact that Word of God says the role was actually written with Spacey in mind.
At the very least, the names of the parties involved, such as Redfoot and Kobayashi, were clearly invented by Verbal on the spot, and his descriptions of where he was when the others got killed during the attack on the boat all appear to be untrue.
However, we see that the person who he referred to as "Kobayashi" is real, as he is the guy who picks Verbal up at the end, and more likely than not is the lawyer who posted Verbal's bail. So it's likely that the events that happened were true, but certain aspects may have been fabricated or several of the names changed in order to keep Kujan from being able to trace anyone who had actually been involved with Verbal, thus preserving the Keyser Söze identity ("Kobayashi" clearly has a different name. The same may go for "Redfoot", however, there's a theory that Redfoot's actor Peter Greene isn't credited because his character never existed). For example, the gang's meeting with "Kobayashi" where he gives them their police files and assigns them to rob the ship of the supposed cocaine and money probably happened. In addition, the murders of Saul Berg and his bodyguards, and the robbery of the New York's Finest Taxi Service, and the fact that all five men were rounded up by the NYPD for a lineup, were certainly true (and Keaton's arrest definitely went down the way it's shown on film because Kujan was present for it), and such facts could be easily confirmed with a few phone calls to the LAPD and the NYPD. The important key to being a great liar is to stick as closely to the truth as possible. In this case, it means that many of the broad outlines of the story which Verbal told are true.
- It would be like him to say something bad about Keaton to make himself feel better and force Verbal to "confess" that Keaton was the mastermind. Anyway, it's never said who's version of Keaton is real, Verbal's or Kujan's.
- Kobayashi mentions that all five of them played a hand in the deaths of Saul Berg "and his bodyguards." Verbal killed Berg, but who shot the bodyguards? McManus.
- All three are still alive when Marquez and his guard are shot dead, since Fenster was killed by Kobayashi on the beach and Hockney was shot before Marquez was found and killed.
- He is just one of several powerful criminals in Eastern Europe, and is attempting to expand into the U.S. He is known as "The Devil' , this is simply a nickname in the same way mafia members have nicknames. He has recently attempted to expand into the U.S. or has connections here, but does not spend much time in the country, so police do not see him as special and cannot identify him. Verbal has simply blown up his abilities/story for Kujan's benefit. This would explain how the Hungarian knew who Söze was (Söze is simply one of several known figures in the area), while Jack Baer has simply heard random stories but nothing more specific (Söze does business with people, but at a distance and is not a major figure in the U.S.) The suspects were simply a random group of people accused of a truck hijacking, who Söze found useful to attack the boat, but all the Kobayshi blackmail files are simply an invention of Verbal. Otherwise, Verbal's story is mostly accurate. the "verbal" disguise is simply a clever trick Söze uses to operate in the U.S., not a representation of how all powerful he is.
- The story than goes something like: a collection of criminals was arrested for a hijacking, including Söze pretending to be verbal. Söze decided to join in their plans for berg and the Taxi Service to get some extra money. Söze hears about the trade on the boat, decides to take out some organized crime opponents, and sets the suspects up to do the job in a standard way. When Fenster backs out, Söze talks to some contacts and has him killed. The suspects attack the boat, some Hungarians recognize Söze as he walks around, and almost everyone gets killed. Söze as verbal than talks to the police. When Kujan wants to ask him questions, Söze acts confident, as he has learned to do, but agrees anyway as he does not want to annoy the police and does not completely understand the U.S. legal system. Söze is able to tell a story well and leaves, but will now be known in the U.S. thanks to the sketch and Kujan figuring it out.
- The problem with this is that Verbal was able to get an immunity deal because someone very powerful was protecting him - Rabin says that he is "protected from up on high by the Prince of Darkness", mentioning that the Mayor and the Governor seemed to be working to get Verbal out. This means that Söze, or someone working for him, does have significant influence in the United States and does understand the US legal system well enough to protect him. It's also important to note that Verbal was only charged with a weapons misdemeanor and that he already has an immunity deal - importantly, not for the testimony he gave to Kujan (which was just Kujan spending the two hours before Verbal posted bail following up on theories in his free time), but for sealed testimony that we never see and which may, in fact, be accurate (i.e., even if Kujan figures it out, it may mean nothing - it's very possible based on the intro that Verbal has already confessed the truth in sealed testimony in exchange for immunity and was purely screwing with Kujan the entire time. After all, given the extremely generous terms of the immunity deal, Verbal would have no reason to lie and risk it.)
- After the intro scene, the first lines state that, in relation to Verbal, "the district attorney will accept the subject's testimony in connection with the above mentioned events and in exchange will offer complete immunity. The transcript... The transcript of said testimony will be sealed and all matters incriminating to Mr. Kint will be rendered inadmissible." Note that this testimony is not what we see - this happens afterwards, purely to sate Kujan's curiosity (he says "This won't be an' interrogation, just a... friendly chat to kill time.") Rabin even points out that Kujan is wasting his time, since Verbal has total immunity; and it's very likely, given that the testimony was sealed, that Kujan doesn't know what's in it. It's very possible that it's entirely accurate, as far as it goes, and that Kujan therefore can't do anything even if he figures it all out. "Being Keyser Söze" isn't a crime, after all, and if Verbal already laid out everything Kujan deduced in exchange for immunity, Kujan can't do anything even if he figures it all out.
- Kint's immunity is from state prosecution. But Kujan (like Baer) is a federal agent. That's why when Kint brings up his immunity, Kujan retorts "Not from me!" Federal charges have no bearing on state charges or immunity deals.
- Not only do we only have Verbal's word on what happened to them, we only have Verbal's word that the story of what happened to them is a thing. It's a cool story, but what if that's all it is? Verbal/Keyser made it up and spread it around to impress people with how ruthless and uncompromising he is. Plus, it stops people from going after his family — why would they, when everybody knows that they're dead already?
- The following has to be accurate, since other people can confirm it:
- The lineup scene, the arrests. Other police and people were there.
- New York's finest robbery, probably in the way described. Police and Press were at the scene, plus the robbed likely described it and would have confirmed some details. It is of course possible the suspects weren't involved and Verbal learned the details elsewhere.
- Berg and bodyguards would have been murdered, probably robbed, since the bodies would be there to find, plus possibly some missed valuables. It is possible Verbal learned these details elsewhere.
- Fenster could well be dead, depending on how easy that location is to get to and find a body.
- Hockney is probably shot where described, he's about as far as Verbal supposedly is, far enough to survive the explosion.
- Finneran would have worked with Keaton, she was at the arrest and records would exist of her other stuff.
- For my WMG, I'll assume Verbal can't have learned all important details, so the story will be close to accurate to avid any issues. So to put all these details together, with verbal as Keyser Söze, the WMG is:
- Söze knows he'll want some guys for some jobs in the future. Possibly he knows about Marquez and the future exchange on the boat, possibly he just knows that something will happen at some point he'll want these guys for. To do this, he has the lineup arranged so that he can size the suspects up and see if they fit what he wants. The guys arrange the New York's finest job, and carry it out, possibly with Verbal's suggestion of how to do it more cleanly. Keaton has no problem joining in, the restaurant thing failed, but criminal stuff is second nature to him, and Verbal has reason to invent the reluctance to play with Kujan. The suspects rob the emeralds and money, than go to Los Angeles to fence the loot with someone who is not involved past that point. (Redfoot is a fake name to draw suspicion off the real person, but something would have been robbed and the suspects need a way to get rid of it)
- Satisfied, Söze has "Kobayashi" set up the Saul Berg job, during which he shoots Berg. the other suspects liked his "shoot as few people as possible' idea and weren't expecting him to do so, or even planning to shoot anyone in the first place. "Kobayashi" than blackmails the suspects with Berg's death, the folders are a spooky invention of Verbal's to make Söze sound scarier. Fenster wants to leave and gets killed as a warning, most likely the suspects do attack Kobayashi in some way (the bodyguards would likely be missing at least, even if disposing of bodies wasn't too difficult.), but he would have scared them off by threatening their families, with the threat to Edie invented to sell the Keaton reform story.
- The remaining suspects enter the boat. The Keaton/Verbal conversation doesn't happen, Verbal instead covers the others as planned, but once Keaton and McManus are on the boat and not paying attention, he switches to his Keyser clothes, shoots Hockney, and boards the boat himself. (Hockney looking shocked and turning around may be real, as he sees Verbal not crippled just having shot him) While McManus and Keaton are shooting things up, he goes to the back, shoots Marquez, and makes his way to the uppermost deck. McManus is stabbed in the neck by someone else, that kind of murder isn't what Söze does any other time, Verbal sees him die and is happy he doesn't have to shoot both. Finally, he shoots Keaton as we see in the first scene. He blows up the boat, switches to Verbal clothing and crippledness, and than gets caught by police.
- The story of Söze's background and killing his own family is not real, made up by Verbal to make himself seem scarier. Instead, Söze is a normal, but very powerful, crime boss, one that Hungarians would want to attack as part of a rivalry or competition for territory.
- "Keyser Söze" is in fact the title given to the head of a powerful crime ring, and the person we see in flashbacks described by Kint was the original Söze. At some point the title was inherited by Keaton. Things worked out well for a while, but his two top lieutenants, Kint and Kobayashi, became concerned that his relationship with Edie Finneran was going to be a serious liability, something demonstrated when Kobayashi arranged for the line-up in New York City in order for them to force Hockney, McManus and Fenster into working for them, only for Edie to unwittingly ruin the plan by getting Keaton released. Kobayashi's later making a show of threatening Edie's life was partly to demonstrate to Hockney and McManus how the ring was willing to go after their loved ones, but also to subtly make a point to Keaton how his relationship with Edie could backfire on him. The breaking point came when Keaton arranged the hit on the ship so that he could take out the one guy who knew the identity of the current Keyser Söze, but lied even to Kint and Kobayashi about the true nature of the mission — the "there is no fucking coke" scene therefore likely involved Kint rather than Keaton — pissing off Kint to the point of deciding to go the Klingon Promotion route and take out his boss. Keaton's saying "I can't feel my legs... Keyser" in the opening scene was therefore his being a Graceful Loser and acknowledging Kint as the new Keyser Söze.