Deposition of Scott Rothstein re - Trustee Services

Deposition of Scott Rothstein re - Trustee Services Deposition of Scott Rothstein re - Trustee Services

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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?

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?

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