Deposition Transcript of Scott Rothstein (Albert ... - Trustee Services
Deposition Transcript of Scott Rothstein (Albert ... - Trustee Services Deposition Transcript of Scott Rothstein (Albert ... - Trustee Services
1 company, but Albert never did anything for them. Page 114 2 He was supposed to be a consultant and 3 available from time to time, but there was never any 4 real involvement with that. It was a fiction. 5 Q. Purely for public relations purposes. 6 Correct? 7 A. Yes. 8 Q. The agreement that I have, which is 9 unsigned, references a transition period of 30 days 10 from the date of execution of the agreement. 11 Unfortunately, it's unsigned. 12 Do you know if and when the document 13 actually was signed? 14 A. Eventually a document was signed. I don't 15 know if it's that document, and I don't even know if 16 it still had that position in it. I just don't 17 recall one way or the other. 18 Q. Was there more than one agreement signed, 19 because we have no signed agreements. 20 We know that you had prepared this draft 21 transition agreement and we know that there was also 22 a -- at least discussion of there being a termination 23 agreement. 24 A. I don't recall one way or the other. My 25 recollection -- my best recollection is that there
1 was an agreement ultimately signed, but I don't have 2 specific recollection and I do not want to guess. 3 Q. I have an e-mail from -- it's an e-mail 4 from Amerigo to you. It's dated February 14, 2007. 5 That's roughly a month later. 6 In it Amerigo asks you just one 7 question -- when is Albert eventually time barred 8 on suing Silversea for any matters related to his 9 employment with the company -- and you answered 10 that same day -- actually instantly the same minute 11 -- "four years from now." 12 That suggests to me that there was no 13 release that was provided by Albert to the company. 14 Do you have any recollection or 15 understanding of that fact? 16 A. I don't know whether that's ultimately what 17 happened or whether I was simply providing that 18 information to Amerigo in the event something was 19 never signed. 20 Q. You would agree, would you not, that if 21 there was a signed agreement with a release that the 22 issue of a claim being time barred would not be 23 relevant. Correct? 24 A. That's correct, but that doesn't mean that 25 Amerigo would understand that necessarily. Page 115
- Page 63 and 64: 1 that the police officer was there
- Page 65 and 66: 1 A. I don't recall the date, but t
- Page 67 and 68: 1 after discussing the issue with A
- Page 69 and 70: 1 was located in RRA's offices. Pag
- Page 71 and 72: 1 A. Yes. Page 71 2 Q. There's a bi
- Page 73 and 74: 1 A. No. It would have been anythin
- Page 75 and 76: 1 Q. Is it a fair statement that an
- Page 77 and 78: 1 attorneys' fees that were being i
- Page 79 and 80: 1 Let me first start with Ms. DelVa
- Page 81 and 82: 1 A. Yes. It's part of the money th
- Page 83 and 84: 1 that Mr. Peter received payroll c
- Page 85 and 86: 1 the authority to say that, but he
- Page 87 and 88: 1 match them and see if they match
- Page 89 and 90: 1 He said, "I can send it to you fr
- Page 91 and 92: 1 directed by Albert. Page 91 2 Q.
- Page 93 and 94: 1 A. You'd have to see if it ties t
- Page 95 and 96: 1 moneys were paid. Page 95 2 Q. Wh
- Page 97 and 98: 1 with Manfredi talking to him abou
- Page 99 and 100: 1 recall what we put in the termina
- Page 101 and 102: 1 Q. And how was it that you were c
- Page 103 and 104: 1 like royalty -- and that anything
- Page 105 and 106: 1 case both from a transmittal of f
- Page 107 and 108: 1 affidavits? Page 107 2 A. I'd hav
- Page 109 and 110: 1 A. I don't recall that we specifi
- Page 111 and 112: 1 A. Yes, sir. Page 111 2 Q. What t
- Page 113: 1 A. I think at that point in time
- Page 117 and 118: 1 A. Do you have the dates that we
- Page 119 and 120: 1 executives have had refused expen
- Page 121 and 122: 1 A. Yeah. It would have been right
- Page 123 and 124: 1 is that until the very end, until
- Page 125 and 126: 1 with Albert's name on the top of
- Page 127 and 128: 1 tried to explain to him how we we
- Page 129 and 130: 1 we're spending. Page 129 2 I reme
- Page 131 and 132: 1 be or what it was. Page 131 2 Q.
- Page 133 and 134: 1 A. Sure. I found out from reading
- Page 135 and 136: 1 Q. Did you assist in preparing an
- Page 137 and 138: 1 helped effect that financial tran
- Page 139 and 140: 1 assisting me with. Page 139 2 Q.
- Page 141 and 142: 1 A. I needed to get the items that
- Page 143 and 144: 1 deleted from their computers but
- Page 145 and 146: 1 needed for all of this general ov
- Page 147 and 148: 1 Q. How long of a period of time d
- Page 149 and 150: 1 from. I think I referenced the he
- Page 151 and 152: 1 talking to him about the embarras
- Page 153 and 154: 1 River. Page 153 2 Q. Did they hav
- Page 155 and 156: 1 A. I don't have a recollection on
- Page 157 and 158: 1 There's 12 of these transactions
- Page 159 and 160: 1 thousand percent? Page 159 2 A. A
- Page 161 and 162: 1 I believe that Manfredi was going
- Page 163 and 164: 1 Q. What? Page 163 2 A. When Alber
1 was an agreement ultimately signed, but I don't have<br />
2 specific recollection and I do not want to guess.<br />
3 Q. I have an e-mail from -- it's an e-mail<br />
4 from Amerigo to you. It's dated February 14, 2007.<br />
5 That's roughly a month later.<br />
6 In it Amerigo asks you just one<br />
7 question -- when is <strong>Albert</strong> eventually time barred<br />
8 on suing Silversea for any matters related to his<br />
9 employment with the company -- and you answered<br />
10 that same day -- actually instantly the same minute<br />
11 -- "four years from now."<br />
12 That suggests to me that there was no<br />
13 release that was provided by <strong>Albert</strong> to the company.<br />
14 Do you have any recollection or<br />
15 understanding <strong>of</strong> that fact?<br />
16 A. I don't know whether that's ultimately what<br />
17 happened or whether I was simply providing that<br />
18 information to Amerigo in the event something was<br />
19 never signed.<br />
20 Q. You would agree, would you not, that if<br />
21 there was a signed agreement with a release that the<br />
22 issue <strong>of</strong> a claim being time barred would not be<br />
23 relevant. Correct?<br />
24 A. That's correct, but that doesn't mean that<br />
25 Amerigo would understand that necessarily.<br />
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