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

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

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1 statements from the Lippman, Valinsky and Storfer Page 86 2 operating account at Equitable Bank. 3 I have four checks that were made payable 4 to Mr. Peter in the timeframe of December 7, 2006 5 through January 12, 2007. Those checks total 6 $89,723. 7 Do you know what the reason was as to 8 why there were checks written out of the Lippman, 9 Valinsky and Storfer account to Mr. Peter? 10 A. It's one of several possibilities. 11 One, it was money that Albert needed that 12 he felt he was still owed, and which I agreed that he 13 was still owed, from the Silversea embezzlement where 14 at a time where we did not have sufficient funds at 15 RRA to pay him so we had to use the check kiting 16 scheme, or it was a time when he was due payments 17 from the Ponzi scheme and we did not have sufficient 18 funds in the RRA accounts, Ponzi accounts, to pay him 19 so we used the check kiting scheme to get the funds 20 to him. One or the other. 21 Q. The timing of these checks being late 22 December, 2006 to mid January, 2011 -- does that help 23 refresh your memory any? 24 A. No. The only thing that would refresh my 25 recollection is to look at the amounts and try to

1 match them and see if they match deal payments he was 2 due. 3 If they matched deal payments he was due 4 then it matches to illegitimate funds he was entitled 5 to out of the investment fraud. If it does not match 6 any of those deal e-mails, then it is money that we 7 were giving to him from the Silversea embezzlement 8 scam. 9 Q. How did it happen that these checks were 10 written out of what you've called or is now known as 11 the nest egg account? Did you direct them to be 12 written? 13 A. I did. 14 Q. Who did you direct? 15 A. I would direct Irene Stay to cut the float 16 check to either Lippman or the Lippman Valinsky 17 account, at the same time requesting that Mr. Lippman 18 cut the reverse float check back out to us, or to 19 whatever party I was having it paid to, instructing 20 him when to deposit our check. 21 Q. There is also a $400,000 payment that was 22 made -- hold on. Off the record. I want to get the 23 documents. I need one minute to get all the 24 documents. 25 A. That's all right. I'm going to use the Page 87

1 statements from the Lippman, Valinsky and Storfer<br />

Page 86<br />

2 operating account at Equitable Bank.<br />

3 I have four checks that were made payable<br />

4 to Mr. Peter in the timeframe <strong>of</strong> December 7, 2006<br />

5 through January 12, 2007. Those checks total<br />

6 $89,723.<br />

7 Do you know what the reason was as to<br />

8 why there were checks written out <strong>of</strong> the Lippman,<br />

9 Valinsky and Storfer account to Mr. Peter?<br />

10 A. It's one <strong>of</strong> several possibilities.<br />

11 One, it was money that <strong>Albert</strong> needed that<br />

12 he felt he was still owed, and which I agreed that he<br />

13 was still owed, from the Silversea embezzlement where<br />

14 at a time where we did not have sufficient funds at<br />

15 RRA to pay him so we had to use the check kiting<br />

16 scheme, or it was a time when he was due payments<br />

17 from the Ponzi scheme and we did not have sufficient<br />

18 funds in the RRA accounts, Ponzi accounts, to pay him<br />

19 so we used the check kiting scheme to get the funds<br />

20 to him. One or the other.<br />

21 Q. The timing <strong>of</strong> these checks being late<br />

22 December, 2006 to mid January, 2011 -- does that help<br />

23 refresh your memory any?<br />

24 A. No. The only thing that would refresh my<br />

25 recollection is to look at the amounts and try to

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