Deposition of Scott Rothstein re - Trustee Services
Deposition of Scott Rothstein re - Trustee Services Deposition of Scott Rothstein re - Trustee Services
1 actually representing him on that particular day, in 2 March 19th of 2007, you were, in fact, his counsel 3 here in South Florida, correct? 4 A. Yes. 5 Q. All right. 6 A. Myself and my firm represented him. 7 Q. And, in fact, I think you testified that 8 Harold Bofshever and/or Arthur Neiwirth would, on 9 occasion, provide legal services to them on real 10 estate or general corporate matters, correct? 11 A. That's correct. 12 Q. At the time that you -- 13 A. And David Boden. 14 Q. -- were gaining their trust, both as a 15 friend and as an attorney, did you ever tell them, 16 hey, this is a usurious note? 17 MR. GAY: Objection to the form. 18 THE WITNESS: Did I say it was usurious or 19 did we discuss the fact that it was usurious? 20 BY MR. SALIM: 21 Q. Did you ever tell them that this 22 transaction, this promissory note, 04, was a usurious 23 note? 24 A. No. 25 Q. Did you ever tell them that any particular Page 126
1 note was usurious? Page 127 2 A. No, he told me that. 3 Q. All right. When did Mr. Tonacchio tell you 4 that? 5 A. From time to time, when I offered him a 6 deal, he would say something to me such as, "Where the 7 F are you getting these particular kinds of deals? 8 How the heck are you charging these people all this 9 interest?" 10 Now, I had a standard response when people 11 asked me that question if they were close to me. I 12 say, "What do you care, you are making a lot of money. 13 Just invest the money. You are making your money back 14 and then some." 15 Q. All right. I noticed in that explanation 16 that you never used the word "usurious" as coming out 17 of his mouth. 18 When did he tell you that he knew the notes 19 were "usurious"? 20 A. He never used the word "usurious." 21 Q. Thank you, sir. 22 By the way, again, just by reference to the 23 typical note, the first one, 04, nowhere in there do 24 you actually specify what the interest rate is, do 25 you?
- 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 and 114: 1 MR. SALIM: Because he's a liar, p
- Page 115 and 116: 1 that were associated with organiz
- 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: 1 BY MR. SALIM: Page 125 2 Q. If yo
- 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
- Page 165 and 166: 1 him, use it as he needed to for d
- Page 167 and 168: 1 BY MR. PHILLIPS: Page 167 2 Q. Ri
- Page 169 and 170: 1 June 4th, Mr. Lichtman asked you
- Page 171 and 172: 1 going on. Then it morphed into fu
- Page 173 and 174: 1 Q. Now, in the plea agreement you
- Page 175 and 176: 1 documents establish. Page 175 2 Q
1 note was usurious?<br />
Page 127<br />
2 A. No, he told me that.<br />
3 Q. All right. When did Mr. Tonacchio tell you<br />
4 that?<br />
5 A. From time to time, when I <strong>of</strong>fe<strong>re</strong>d him a<br />
6 deal, he would say something to me such as, "Whe<strong>re</strong> the<br />
7 F a<strong>re</strong> you getting these particular kinds <strong>of</strong> deals?<br />
8 How the heck a<strong>re</strong> you charging these people all this<br />
9 inte<strong>re</strong>st?"<br />
10 Now, I had a standard <strong>re</strong>sponse when people<br />
11 asked me that question if they we<strong>re</strong> close to me. I<br />
12 say, "What do you ca<strong>re</strong>, you a<strong>re</strong> making a lot <strong>of</strong> money.<br />
13 Just invest the money. You a<strong>re</strong> making your money back<br />
14 and then some."<br />
15 Q. All right. I noticed in that explanation<br />
16 that you never used the word "usurious" as coming out<br />
17 <strong>of</strong> his mouth.<br />
18 When did he tell you that he knew the notes<br />
19 we<strong>re</strong> "usurious"?<br />
20 A. He never used the word "usurious."<br />
21 Q. Thank you, sir.<br />
22 By the way, again, just by <strong>re</strong>fe<strong>re</strong>nce to the<br />
23 typical note, the first one, 04, nowhe<strong>re</strong> in the<strong>re</strong> do<br />
24 you actually specify what the inte<strong>re</strong>st rate is, do<br />
25 you?