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Deposition of Scott Rothstein re - Trustee Services

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1 broken down?<br />

Page 141<br />

2 A. That is what it's purporting to describe.<br />

3 Q. All right. So a<strong>re</strong> you saying that that was<br />

4 a mis<strong>re</strong>p<strong>re</strong>sentation or did this actually occur?<br />

5 A. No, it was not occurring.<br />

6 Q. So you we<strong>re</strong> basically attempting to defraud<br />

7 Mr. Levin by this e-mail?<br />

8 A. At this point in time I'm not su<strong>re</strong> whether<br />

9 or not I was attempting to defraud Mr. Levin. I don't<br />

10 <strong>re</strong>call what was going on in August <strong>of</strong> 2007. I<br />

11 definitely wasn't attempting to defraud Mr. P<strong>re</strong>ve at<br />

12 this point in time. But this may be what we've come<br />

13 to call a Ponzi speak e-mail that we we<strong>re</strong> utilizing<br />

14 for somebody else or another investor. I don't know<br />

15 without seeing all the e-mails surrounding it, I have<br />

16 no way to know for certain.<br />

17 Q. The second to last sentence <strong>of</strong> this e-mail<br />

18 ends, "Calling Tonacchio at Tona Development so I can<br />

19 say we p<strong>re</strong>sented alternatives." What does that mean?<br />

20 A. That's a fraud. I was not <strong>re</strong>ally calling<br />

21 Domenick to p<strong>re</strong>sent alternatives on this. This was --<br />

22 that leads me to believe that we we<strong>re</strong> utilizing this<br />

23 as a Ponzi speak e-mail to avoid a problem with the<br />

24 potential investor whe<strong>re</strong> we got a question that the<br />

25 investor wanted to know how we can possibly do this

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