Deposition of Scott Rothstein re - Trustee Services
Deposition of Scott Rothstein re - Trustee Services Deposition of Scott Rothstein re - Trustee Services
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 --
- 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 and 146: 1 yes, sir. Page 145 2 MR. SALIM: A
- Page 147: 1 "loan." Page 147 2 I think you ca
- 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
- Page 197 and 198: 1 upon what my thought process was
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 --