Deposition of Scott Rothstein re - Trustee Services
Deposition of Scott Rothstein re - Trustee Services Deposition of Scott Rothstein re - Trustee Services
1 BY MR. SALIM: Page 134 2 Q. 006. You got 006 in front of you, sir? 3 A. I do, sir. 4 Q. And again, this is a fax transmittal from 5 Mr. Tonacchio to his bank showing payment of this 6 particular transaction into your trust account as 7 well, correct? 8 MR. GAY: Objection to form. 9 THE WITNESS: Correct. 10 BY MR. GAY: 11 Q. All right. And the next page is 07, TL 12 00007, which for the record we've marked as 13 Defendant's Exhibit 6. 14 [The Fax Transmittal referred to was marked for 15 identification as Defendant's Exhibit 6.] 16 BY MR. SALIM: 17 Q. And here is another one where it goes into 18 the RRA trust account, correct? 19 MR. GAY: Objection to form. 20 THE WITNESS: Correct. 21 BY MR. SALIM: 22 Q. All right. Without going through literally 23 every transactions, do you have any knowledge that 24 Mr. Tonacchio or Mr. Lipsitz ever wired you monies 25 into any account other than an RRA trust account?
1 MR. GAY: Objection to form. Page 135 2 THE WITNESS: Sitting here today, I don't 3 have a specific recollection one way or the other. I 4 need to see all the documents, but to the best of my 5 recollection we always tried to use the trust 6 accounts. 7 BY MR. SALIM: 8 Q. All right. Now, with respect to those 9 settlement transactions which you've described that 10 you engaged in with both of them, wasn't it part of 11 your pitch that all of these settlement funds were in 12 your trust account as of the time that they funded the 13 transaction? 14 A. Correct. 15 Q. And, in fact, you didn't maintain a separate 16 account or trust account for those funds, correct? 17 A. As relates to these two individuals? 18 Q. Correct. 19 A. That's correct. 20 Q. And the reason for that is because the 21 settlements simply didn't exist, did they? 22 A. That's correct. 23 Q. If you would take a look at TL 0038, which 24 we have marked as Defendant's Exhibit Number 7. 25 [The E-mail referred to was marked for
- 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 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: 1 A. Yes, sir. Page 133 2 Q. All ri
- 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
- Page 177 and 178: 1 That he had actually been living
- Page 179 and 180: 1 Q. In fact, didn't Mr. Caputi con
- Page 181 and 182: 1 A. I don't know whether I did or
- Page 183 and 184: 1 Page 38 of that transcript that y
1 BY MR. SALIM:<br />
Page 134<br />
2 Q. 006. You got 006 in front <strong>of</strong> you, sir?<br />
3 A. I do, sir.<br />
4 Q. And again, this is a fax transmittal from<br />
5 Mr. Tonacchio to his bank showing payment <strong>of</strong> this<br />
6 particular transaction into your trust account as<br />
7 well, cor<strong>re</strong>ct?<br />
8 MR. GAY: Objection to form.<br />
9 THE WITNESS: Cor<strong>re</strong>ct.<br />
10 BY MR. GAY:<br />
11 Q. All right. And the next page is 07, TL<br />
12 00007, which for the <strong>re</strong>cord we've marked as<br />
13 Defendant's Exhibit 6.<br />
14 [The Fax Transmittal <strong>re</strong>fer<strong>re</strong>d to was marked for<br />
15 identification as Defendant's Exhibit 6.]<br />
16 BY MR. SALIM:<br />
17 Q. And he<strong>re</strong> is another one whe<strong>re</strong> it goes into<br />
18 the RRA trust account, cor<strong>re</strong>ct?<br />
19 MR. GAY: Objection to form.<br />
20 THE WITNESS: Cor<strong>re</strong>ct.<br />
21 BY MR. SALIM:<br />
22 Q. All right. Without going through literally<br />
23 every transactions, do you have any knowledge that<br />
24 Mr. Tonacchio or Mr. Lipsitz ever wi<strong>re</strong>d you monies<br />
25 into any account other than an RRA trust account?
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