Deposition of Scott Rothstein re - Trustee Services
Deposition of Scott Rothstein re - Trustee Services Deposition of Scott Rothstein re - Trustee Services
1 associated with organized crime? Page 114 2 A. Anyone, yes. 3 Q. Who did you tell? 4 MR. NURIK: Jeff, do you want to assert the 5 privilege? 6 MR. KAPLAN: Yes, I object to any 7 conversations with law enforcement. 8 BY MR. SALIM: 9 Q. Do you have any evidence that Mr. Tonacchio 10 was associated with organized crime? 11 A. Only what he told me. 12 Q. And what did he tell you? 13 MR. NURIK: Hold on a second. 14 Jeff, do you want to assert a privilege or 15 not? 16 MR. KAPLAN: No, not to what he told -- 17 what Mr. Tonacchio told him. 18 MR. NURIK: Okay. 19 THE WITNESS: On a number of different 20 occasions, when I was discussing with Mr. Tonacchio 21 our development projects in Brooklyn and the 22 potential that we might have zoning issues and other 23 issues, he told me that he had friends within the 24 unions that were associated with organized crime. He 25 didn't say "associated with organized crime," but
1 that were associated with organized crime that could Page 115 2 assist us with any problems so long as we took care 3 of them. 4 BY MR. GAY: 5 Q. And who other than yourself would have been 6 privy to this conversation? 7 A. No one. 8 Q. You also mentioned during your testimony 9 that Mr. Lipsitz and Mr. Tonacchio were "players." Do 10 you recall that? 11 A. Yes. 12 Q. All right. If I consider a player to be 13 someone who's active outside of work, perhaps going 14 out at night, etcetera, that's what I have in mind. 15 What was your definition of a "player"? 16 A. Someone who is susceptible on any variety of 17 levels to engage in illegal activity. 18 Q. Okay. Other than the alleged activity that 19 you just described, of which you have no documentary 20 evidence other than your conversations, what illegal 21 activities did Mr. Tonacchio engage in, period? 22 MR. GAY: Objection -- 23 MR. KAPLAN: Let me just clarify. 24 MR. GAY: Objection to form for the record. 25 MR. KAPLAN: Is this before he went to
- Page 63 and 64: 1 Q. But you would refer to each of
- Page 65 and 66: 1 determine whether or not a specif
- Page 67 and 68: 1 Morse and the Levys. Was there an
- Page 69 and 70: 1 A. You know, I don't recall speci
- Page 71 and 72: 1 Q. If you'd look at Document 0022
- Page 73 and 74: 1 A. Yes. Page 73 2 Q. That's an e-
- Page 75 and 76: 1 and it says an hour or less. Page
- Page 77 and 78: 1 Q. So when you generally refer to
- Page 79 and 80: 1 A. Yes, sir. Page 79 2 Q. So acco
- Page 81 and 82: 1 it says, "It was great getting to
- Page 83 and 84: 1 THE WITNESS: I don't. I don't hav
- Page 85 and 86: 1 e-mail, no, sir. Page 85 2 Q. Loo
- Page 87 and 88: 1 then when I finally did have the
- Page 89 and 90: 1 construction loan or something of
- Page 91 and 92: 1 A. I do. Page 91 2 Q. About the m
- Page 93 and 94: 1 couldn't decipher what was being
- Page 95 and 96: 1 A. I do. Page 95 2 Q. George who?
- Page 97 and 98: 1 BY MR. GAY: Page 97 2 Q. A few mo
- Page 99 and 100: 1 MR. PHILLIPS: Same. Page 99 2 THE
- Page 101 and 102: 1 were sitting around in a group, l
- Page 103 and 104: 1 time between myself and these peo
- Page 105 and 106: 1 Q. Did you, in fact, invest money
- Page 107 and 108: 1 A. Specifically, no. Sounds like
- Page 109 and 110: 1 illegal activity that I did with
- Page 111 and 112: 1 other business deals. More than t
- Page 113: 1 MR. SALIM: Because he's a liar, p
- Page 117 and 118: 1 crime or associates of organized
- Page 119 and 120: 1 A. Both ones that I was an invest
- Page 121 and 122: 1 are saying? Page 121 2 A. It's no
- Page 123 and 124: 1 was a distinction between a "sett
- Page 125 and 126: 1 BY MR. SALIM: Page 125 2 Q. If yo
- Page 127 and 128: 1 note was usurious? Page 127 2 A.
- Page 129 and 130: 1 deals or structured settlement de
- Page 131 and 132: 1 been owed money from RRA? Page 13
- Page 133 and 134: 1 A. Yes, sir. Page 133 2 Q. All ri
- Page 135 and 136: 1 MR. GAY: Objection to form. Page
- Page 137 and 138: 1 Q. And did you have an opinion as
- Page 139 and 140: 1 clients and what was going on on
- Page 141 and 142: 1 broken down? Page 141 2 A. That i
- Page 143 and 144: 1 on these "settlement deals"? Page
- Page 145 and 146: 1 yes, sir. Page 145 2 MR. SALIM: A
- Page 147 and 148: 1 "loan." Page 147 2 I think you ca
- Page 149 and 150: 1 asking? I mean, just generally as
- Page 151 and 152: 1 husband/wife privilege. You are n
- Page 153 and 154: 1 Q. It could be a mistake, could b
- Page 155 and 156: 1 uncle, or any other person that t
- Page 157 and 158: 1 Q. What do you mean by that, Scot
- Page 159 and 160: 1 A. Yes. Page 159 2 MR. GAY: Objec
- Page 161 and 162: 1 Q. With respect to the Picou deal
- Page 163 and 164: 1 BY MR. PHILLIPS: Page 163 2 Q. Di
1 that we<strong>re</strong> associated with organized crime that could<br />
Page 115<br />
2 assist us with any problems so long as we took ca<strong>re</strong><br />
3 <strong>of</strong> them.<br />
4 BY MR. GAY:<br />
5 Q. And who other than yourself would have been<br />
6 privy to this conversation?<br />
7 A. No one.<br />
8 Q. You also mentioned during your testimony<br />
9 that Mr. Lipsitz and Mr. Tonacchio we<strong>re</strong> "players." Do<br />
10 you <strong>re</strong>call that?<br />
11 A. Yes.<br />
12 Q. All right. If I consider a player to be<br />
13 someone who's active outside <strong>of</strong> work, perhaps going<br />
14 out at night, etcetera, that's what I have in mind.<br />
15 What was your definition <strong>of</strong> a "player"?<br />
16 A. Someone who is susceptible on any variety <strong>of</strong><br />
17 levels to engage in illegal activity.<br />
18 Q. Okay. Other than the alleged activity that<br />
19 you just described, <strong>of</strong> which you have no documentary<br />
20 evidence other than your conversations, what illegal<br />
21 activities did Mr. Tonacchio engage in, period?<br />
22 MR. GAY: Objection --<br />
23 MR. KAPLAN: Let me just clarify.<br />
24 MR. GAY: Objection to form for the <strong>re</strong>cord.<br />
25 MR. KAPLAN: Is this befo<strong>re</strong> he went to
Change language