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 of things. Page 146 2 BY MR. SALIM: 3 Q. But RRA was not a bank, so it wouldn't have 4 a client coming in for a loan, theoretically. RRA was 5 not a securities dealer, so it couldn't have come in 6 for someone to buy or sell a security. Correct? 7 A. Well, we weren't licensed in that way, but I 8 was certainly leading people to believe that we were 9 loaning clients money. 10 Q. All right. But you were loaning them in 11 order to advance their payoff on a settlement that was 12 structured as payable over time, correct? 13 A. On most of the deals that I did overall with 14 most investors. It certainly appears from looking at 15 the paperwork that a substantial number of the deals 16 that I did with Mr. Tonacchio and Mr. Lipsitz were 17 also of the bridge loan category. 18 Q. Okay. And that's what I would like to see, 19 where, in any of the exhibits, because we only have 14 20 pages, you can refer to David's, where in all of his 21 pages of documents do the words "bridge loan" even 22 come in or come up other than perhaps with respect to 23 the Ron Picou first loan? 24 A. I don't think I ever used the term "bridge 25 loan" in any of those e-mails. I just used the word

1 "loan." Page 147 2 I think you can separate it out by looking 3 at loan as opposed to the ones where I'm saying my 4 client is coming in and is giving us a tremendous 5 amount of money. I think that's probably the best 6 indicators. 7 Q. By the way, other than Mr. Nurick and the 8 special agent with the IRS, is there anyone else in 9 that room with you? 10 A. No. 11 Q. All right. In preparation for this 12 deposition, did you review any documents? 13 A. Yes. 14 Q. What did you review? 15 A. The exhibits. 16 Q. The ones that we had both delivered for 17 purposes of today or any others? 18 A. I've reviewed the bulk of the exhibits for 19 all of the depositions, but I reviewed these in 20 connection with this deposition. 21 Q. Did you review any other documents, memos 22 that are not exhibits that were produced by either 23 Mr. Gay or the defendants in this case? 24 A. Relevant to this deposition? 25 Q. Yes, sir.

1 <strong>of</strong> things.<br />

Page 146<br />

2 BY MR. SALIM:<br />

3 Q. But RRA was not a bank, so it wouldn't have<br />

4 a client coming in for a loan, theo<strong>re</strong>tically. RRA was<br />

5 not a securities dealer, so it couldn't have come in<br />

6 for someone to buy or sell a security. Cor<strong>re</strong>ct?<br />

7 A. Well, we we<strong>re</strong>n't licensed in that way, but I<br />

8 was certainly leading people to believe that we we<strong>re</strong><br />

9 loaning clients money.<br />

10 Q. All right. But you we<strong>re</strong> loaning them in<br />

11 order to advance their pay<strong>of</strong>f on a settlement that was<br />

12 structu<strong>re</strong>d as payable over time, cor<strong>re</strong>ct?<br />

13 A. On most <strong>of</strong> the deals that I did overall with<br />

14 most investors. It certainly appears from looking at<br />

15 the paperwork that a substantial number <strong>of</strong> the deals<br />

16 that I did with Mr. Tonacchio and Mr. Lipsitz we<strong>re</strong><br />

17 also <strong>of</strong> the bridge loan category.<br />

18 Q. Okay. And that's what I would like to see,<br />

19 whe<strong>re</strong>, in any <strong>of</strong> the exhibits, because we only have 14<br />

20 pages, you can <strong>re</strong>fer to David's, whe<strong>re</strong> in all <strong>of</strong> his<br />

21 pages <strong>of</strong> documents do the words "bridge loan" even<br />

22 come in or come up other than perhaps with <strong>re</strong>spect to<br />

23 the Ron Picou first loan?<br />

24 A. I don't think I ever used the term "bridge<br />

25 loan" in any <strong>of</strong> those e-mails. I just used the word

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