Deposition Transcript of Scott Rothstein (Albert ... - Trustee Services

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1 Silversea, that it was likely that we would continue 2 to represent them for at left a short period of time, 3 and that we were in a good position to move forward 4 on Jewel River Cruises, that we were able to get 5 Albert out without a non-complete that would 6 interfere with Albert's ability to run this company 7 for us. 8 Q. That suggests to me that Stuart knew about 9 your fraudulent billing scheme. 10 Would that be a fair statement? 11 A. I don't believe that Stuart knew the actual 12 mechanics of it, but he definitely knew that we were 13 inflating the bills to Silversea, and the way that I 14 know that is there was more than one occasion where 15 Stuart was joking around with me when he was looking 16 just at general receivables and the like and asking 17 me how the hell could we possibly be doing this much 18 legal work for these people, and I explained it to 19 him that these were the bills that Albert was 20 approving. 21 Q. When you say you explained to him these 22 were the bills that Albert was paying, did you 23 explain to him that you were padding the bills? 24 A. I told him that I was billing based upon 25 what the market could bear at the time, and that I Page 126
1 tried to explain to him how we were additionally Page 127 2 compensating Albert out of that money, because there 3 were times when Stuart would look at records and the 4 like, especially when I put Albert on payroll, Stu 5 wanted to understand why, and I explained to him that 6 we owed him the money, that we owed Albert the money, 7 and I explained to him why we owed him the money. 8 Q. Just to be sure, you know, you used the 9 phrase "what the market would bear." 10 I think that typically that phrase with 11 respect to hourly rates and lawyers would reference 12 whether a lawyer in downtown Fort Lauderdale for 13 instance could get $600 an hour compared to $450 an 14 hour. 15 I don't think that's what you were alluding 16 to. 17 A. That's not what I was alluding to. 18 Q. So let's just clean up the record a bit. 19 When you say what the market would bear, 20 what exactly do you know that you told Stu in terms 21 of your words and what he understood by them and how 22 you know that. 23 A. I told Stuart that I was billing them based 24 upon an arrangement that I reached with Albert with 25 regard to making sure that we had plenty of money
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1 UNITED STATES BANKRUPTCY COURT SO
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1 Thereupon: Page 3 2 SCOTT ROTHSTE
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1 of the relationship began. Page 5
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1 say that this is an area of inqui
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1 Q. Sort of using the vernacular h
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1 able to direct that you would get
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1 Q. Did Mr. Peter actually acknowl
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1 beginning she did not. Page 15 2
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1 Q. All right. If you would turn t
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1 A. No. Page 19 2 Q. These are sep
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1 this sounds even with Mr. Peter's
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1 Q. Let's just focus in on the iss
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1 I was providing him legal advice
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1 mutually addressed Mr. Peter and
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1 dollar amount attributable to tha
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1 A. Yes, sir. Page 31 2 Q. And the
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1 A. -- so that he could see it. Pa
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1 A. In the beginning it was me, Al
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1 Albert Peter. Page 37 2 This is t
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1 Silversea? Page 39 2 A. Yes, and
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1 Q. Then if you take a look at pag
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1 with him in the amount of time th
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1 this bill? Page 45 2 A. To the be
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1 tell you that regardless of how m
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1 and then get him the money in one
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1 A. Because I discussed it with hi
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1 MR. LICHTMAN: Uh-oh. A frozen scr
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1 Q. When you say keeping Mr. Lefeb
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1 that he frequented prostitutes wh
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1 A. At a specific point in time we
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1 extent that he knew that they wer
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1 that the police officer was there
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1 A. I don't recall the date, but t
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1 after discussing the issue with A
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1 was located in RRA's offices. Pag
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1 A. Yes. Page 71 2 Q. There's a bi
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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 and 114: 1 A. I think at that point in time
Page 115 and 116: 1 was an agreement ultimately signe
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: 1 with Albert's name on the top of
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
Page 165 and 166: 1 Q. It references it, yes. Page 16
Page 167 and 168: 1 matter of fact, I may have had Al
Page 169 and 170: 1 CERTIFICATE 2 STATE OF FLORIDA )
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Deposition Transcript of Scott Rothstein (Albert ... - Trustee Services

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