Deposition of Scott Rothstein re - Trustee Services
Deposition of Scott Rothstein re - Trustee Services Deposition of Scott Rothstein re - Trustee Services
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.
- 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 and 134: 1 A. Yes, sir. Page 133 2 Q. All ri
- Page 135 and 136: 1 MR. GAY: Objection to form. Page
- 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: 1 yes, sir. Page 145 2 MR. SALIM: A
- 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
- Page 185 and 186: 1 A. I mean, hang on, court records
- Page 187 and 188: 1 A. I'll be polite and not discuss
- Page 189 and 190: 1 Q. And do you recall saying that
- Page 191 and 192: 1 Q. Yes. Page 191 2 A. Yes. 3 Q. D
- Page 193 and 194: 1 MR. PHILLIPS: What's wrong with t
- Page 195 and 196: 1 looked at so many documents and h
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