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

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1 APPEARANCES: BERGER SINGERMAN, by 2 CHARLES LICHTMAN, Esq., of counsel, and STEVEN WEBBER, Esq., of counsel, 3 AKERMAN, by 4 MICHAEL I. GOLDBERG, of counsel Attorneys for Unsecured Creditors Committee 5 LAWRENCE LaVECCHIO, Assistant U.S. Attorney, 6 U.S. DEPARTMENT OF JUSTICE. 7 MARC NURIK, Esq., Attorney for Scott Rothstein. 8 ALSO PRESENT: 9 Special Agent Taryn Guariglia 10 I N D E X 11 WITNESS DIRECT CROSS REDIRECT RECROSS 12 SCOTT ROTHSTEIN 13 (By Mr. Lichtman) 4 14 (By Mr. Goldberg) -- 15 (By Mr. LaVecchio) -- 16 (By Mr. Nurik) -- 17 EXHIBITS 18 PLAINTIFF'S FOR IDENTIFICATION 19 1 28 20 2 44 21 3 63 22 4 91 23 5 162 24 25 Page 2
1 Thereupon: Page 3 2 SCOTT ROTHSTEIN 3 was called as a witness and, having been duly sworn, 4 was examined and testified as follows: 5 MR. LICHTMAN: Let the record reflect this 6 is the Rule 7030 deposition in the case of Herbert 7 Stettin versus Albert Peter, et al, adversary case 8 number 10-03650-BKC-RBR-A, taken in the underlying 9 main case of Rothstein Rosenfeldt Adler. 10 This deposition is taken pursuant to 11 protocol orders entered by Judge Ray in this matter. 12 I want to put on the record that the 13 protocol order set a schedule for attendance at this 14 deposition and required all counsel of record to be 15 present 30 minutes before the commencement of the 16 deposition. 17 Yesterday afternoon, being Monday afternoon, 18 the 4th, Alan Marcus, opposing counsel representing 19 Albert Peter and the other defendants, advised that 20 he had no interest in cross-noticing this case, 21 paying for Marc Nurik's attorney's fees as required 22 by the Court order in order to participate in 23 cross-examination. 24 We have waited. It is now 9:16 and he is 25 not here. We have also called him on his cell phone
Page 1: 1 UNITED STATES BANKRUPTCY COURT SO
Page 5 and 6: 1 of the relationship began. Page 5
Page 7 and 8: 1 say that this is an area of inqui
Page 9 and 10: 1 Q. Sort of using the vernacular h
Page 11 and 12: 1 able to direct that you would get
Page 13 and 14: 1 Q. Did Mr. Peter actually acknowl
Page 15 and 16: 1 beginning she did not. Page 15 2
Page 17 and 18: 1 Q. All right. If you would turn t
Page 19 and 20: 1 A. No. Page 19 2 Q. These are sep
Page 21 and 22: 1 this sounds even with Mr. Peter's
Page 23 and 24: 1 Q. Let's just focus in on the iss
Page 25 and 26: 1 I was providing him legal advice
Page 27 and 28: 1 mutually addressed Mr. Peter and
Page 29 and 30: 1 dollar amount attributable to tha
Page 31 and 32: 1 A. Yes, sir. Page 31 2 Q. And the
Page 33 and 34: 1 A. -- so that he could see it. Pa
Page 35 and 36: 1 A. In the beginning it was me, Al
Page 37 and 38: 1 Albert Peter. Page 37 2 This is t
Page 39 and 40: 1 Silversea? Page 39 2 A. Yes, and
Page 41 and 42: 1 Q. Then if you take a look at pag
Page 43 and 44: 1 with him in the amount of time th
Page 45 and 46: 1 this bill? Page 45 2 A. To the be
Page 47 and 48: 1 tell you that regardless of how m
Page 49 and 50: 1 and then get him the money in one
Page 51 and 52: 1 A. Because I discussed it with hi
Page 53 and 54:
1 MR. LICHTMAN: Uh-oh. A frozen scr
Page 55 and 56:
1 Q. When you say keeping Mr. Lefeb
Page 57 and 58:
1 that he frequented prostitutes wh
Page 59 and 60:
1 A. At a specific point in time we
Page 61 and 62:
1 extent that he knew that they wer
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 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 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
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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