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 A. No. Page 148 2 Q. Other than speaking with Mr. Nurick, which I 3 respect to be privilege, did you speak to any other 4 person in preparation for this deposition? 5 A. Yes. 6 Q. Who? 7 A. My -- the IRS agent and the AUSAs. 8 Q. And what was the general subject matter of 9 those conversations? 10 SPECIAL AGENT GUARIGLIA: Jeff? 11 MR. NURIK: Jeff, do you want to assert a 12 privilege? 13 MR. KAPLAN: Yeah, we'll object to that. 14 MR. SALIM: So the ordinary preparation for 15 this deposition is potentially privileged, is that 16 what you are saying, Mr. Kaplan? 17 MR. KAPLAN: What in particular? 18 MR. SALIM: Well, I'm asking him 19 strictly -- 20 BY MR. SALIM: 21 Q. All right. Let's put it this way, in 22 connection with your preparation for this deposition, 23 what conversations did you have with anyone other than 24 your attorney regarding Domenick Tonacchio? 25 MR. KAPLAN: What questions -- what are you

1 asking? I mean, just generally asking, he's saying Page 149 2 he had some conversations. Is there certain 3 information you are trying to garner from that? 4 MR. SALIM: No, but I'm trying -- you know, 5 typically we ask to see what a person did to prepare 6 for a deposition and/or what seeds may have been sown 7 in their head to potentially influence their 8 testimony. I mean, it's I guess a standard line of 9 inquiry. 10 MR. KAPLAN: Okay. He said he went over 11 the documents. I don't think there are any specific 12 questions. 13 MR. SALIM: Okay. 14 SPECIAL AGENT GUARIGLIA: I will say, the 15 only conversation that we had was not in preparation 16 for this but to determine if there was any 17 investigatory privileges that we needed to address, 18 and that's what was discussed. 19 MR. SALIM: Okay, thank you. I'll move on. 20 BY MR. SALIM: 21 Q. All right. You met with the trustee and his 22 counsel in August of 2011. Do you recall that? 23 A. Yes. 24 Q. During the course of that conversation, did 25 you discuss Tonacchio and Lipsitz being --

1 asking? I mean, just generally asking, he's saying<br />

Page 149<br />

2 he had some conversations. Is the<strong>re</strong> certain<br />

3 information you a<strong>re</strong> trying to garner from that?<br />

4 MR. SALIM: No, but I'm trying -- you know,<br />

5 typically we ask to see what a person did to p<strong>re</strong>pa<strong>re</strong><br />

6 for a deposition and/or what seeds may have been sown<br />

7 in their head to potentially influence their<br />

8 testimony. I mean, it's I guess a standard line <strong>of</strong><br />

9 inquiry.<br />

10 MR. KAPLAN: Okay. He said he went over<br />

11 the documents. I don't think the<strong>re</strong> a<strong>re</strong> any specific<br />

12 questions.<br />

13 MR. SALIM: Okay.<br />

14 SPECIAL AGENT GUARIGLIA: I will say, the<br />

15 only conversation that we had was not in p<strong>re</strong>paration<br />

16 for this but to determine if the<strong>re</strong> was any<br />

17 investigatory privileges that we needed to add<strong>re</strong>ss,<br />

18 and that's what was discussed.<br />

19 MR. SALIM: Okay, thank you. I'll move on.<br />

20 BY MR. SALIM:<br />

21 Q. All right. You met with the trustee and his<br />

22 counsel in August <strong>of</strong> 2011. Do you <strong>re</strong>call that?<br />

23 A. Yes.<br />

24 Q. During the course <strong>of</strong> that conversation, did<br />

25 you discuss Tonacchio and Lipsitz being --

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