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 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