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Deposition of Scott Rothstein re - Trustee Services

Deposition of Scott Rothstein re - Trustee Services

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1 MR. GAY: Objection to form.<br />

Page 135<br />

2 THE WITNESS: Sitting he<strong>re</strong> today, I don't<br />

3 have a specific <strong>re</strong>collection one way or the other. I<br />

4 need to see all the documents, but to the best <strong>of</strong> my<br />

5 <strong>re</strong>collection we always tried to use the trust<br />

6 accounts.<br />

7 BY MR. SALIM:<br />

8 Q. All right. Now, with <strong>re</strong>spect to those<br />

9 settlement transactions which you've described that<br />

10 you engaged in with both <strong>of</strong> them, wasn't it part <strong>of</strong><br />

11 your pitch that all <strong>of</strong> these settlement funds we<strong>re</strong> in<br />

12 your trust account as <strong>of</strong> the time that they funded the<br />

13 transaction?<br />

14 A. Cor<strong>re</strong>ct.<br />

15 Q. And, in fact, you didn't maintain a separate<br />

16 account or trust account for those funds, cor<strong>re</strong>ct?<br />

17 A. As <strong>re</strong>lates to these two individuals?<br />

18 Q. Cor<strong>re</strong>ct.<br />

19 A. That's cor<strong>re</strong>ct.<br />

20 Q. And the <strong>re</strong>ason for that is because the<br />

21 settlements simply didn't exist, did they?<br />

22 A. That's cor<strong>re</strong>ct.<br />

23 Q. If you would take a look at TL 0038, which<br />

24 we have marked as Defendant's Exhibit Number 7.<br />

25 [The E-mail <strong>re</strong>fer<strong>re</strong>d to was marked for

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