Deposition of Scott Rothstein re - Trustee Services
Deposition of Scott Rothstein re - Trustee Services Deposition of Scott Rothstein re - Trustee Services
1 MR. LICHTMAN: I'd like to interpose an Page 150 2 objection at this point. We have pursuant to court 3 order a determination by Judge Kohn this was supposed 4 to be work product and -- 5 MR. SALIM: Your notes are work product, I 6 agree with that, Chuck. But I can't ask him what he 7 would have shared with a non-privileged, 8 non-investigator. 9 MR. LICHTMAN: If I have to seek to adjourn 10 this deposition to have Judge Kohn rule on it, I 11 will. It's already been -- it's a really, really 12 sensitive area with Judge Kohn once before and I will 13 seek leave of Court to get a protective order on that 14 point. If Judge Kohn says you can open it all up, 15 that's fine. But it became a really hot topic 16 earlier in the case. 17 MR. SALIM: Obviously, since we only have 18 Mr. Rothstein's time for a limited period I'm not 19 going to ask you to adjourn, but I just want to 20 understand. 21 I respect the fact that his order suggests 22 that your meeting notes, etcetera, are privilege and 23 work product, but he's not your client, you are not 24 the U.S. and you don't have an investigatory 25 privilege. You are not married to him, so there's no
1 husband/wife privilege. You are not a priest, Page 151 2 etcetera. So I'm thinking the actual conversations 3 themselves versus your notes and memos, etcetera, I 4 simply want to ask him what conversations did you 5 have regarding Mr. Tonacchio. That's the limited 6 scope of the question. 7 MR. LICHTMAN: We had -- I have a very 8 clear understanding from coming out of that court 9 that what transpired in the meeting with Scott was 10 deemed work product and I state a very strong 11 objection on that issue. 12 MR. SALIM: Okay. The record is clear. 13 Someday we may have to address it because you are not 14 going to let me ask the questions and he's not even 15 there anyway. Are we off the record? 16 SPECIAL AGENT GUARIGLIA: He went to the 17 restroom. 18 MR. NURIK: He used the time you guys were 19 discussing to go to the restroom. He's coming out 20 now. 21 MR. GAY: Marc, did you have an 22 understanding also that the subject matter of those 23 discussion was supposed to be not -- are you there? 24 MR. NURIK: Yes. 25 MR. LICHTMAN: -- not for how application.
- 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 and 148: 1 "loan." Page 147 2 I think you ca
- Page 149: 1 asking? I mean, just generally as
- 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
- Page 199 and 200: 1 Q. So your position was, when you
1 husband/wife privilege. You a<strong>re</strong> not a priest,<br />
Page 151<br />
2 etcetera. So I'm thinking the actual conversations<br />
3 themselves versus your notes and memos, etcetera, I<br />
4 simply want to ask him what conversations did you<br />
5 have <strong>re</strong>garding Mr. Tonacchio. That's the limited<br />
6 scope <strong>of</strong> the question.<br />
7 MR. LICHTMAN: We had -- I have a very<br />
8 clear understanding from coming out <strong>of</strong> that court<br />
9 that what transpi<strong>re</strong>d in the meeting with <strong>Scott</strong> was<br />
10 deemed work product and I state a very strong<br />
11 objection on that issue.<br />
12 MR. SALIM: Okay. The <strong>re</strong>cord is clear.<br />
13 Someday we may have to add<strong>re</strong>ss it because you a<strong>re</strong> not<br />
14 going to let me ask the questions and he's not even<br />
15 the<strong>re</strong> anyway. A<strong>re</strong> we <strong>of</strong>f the <strong>re</strong>cord?<br />
16 SPECIAL AGENT GUARIGLIA: He went to the<br />
17 <strong>re</strong>stroom.<br />
18 MR. NURIK: He used the time you guys we<strong>re</strong><br />
19 discussing to go to the <strong>re</strong>stroom. He's coming out<br />
20 now.<br />
21 MR. GAY: Marc, did you have an<br />
22 understanding also that the subject matter <strong>of</strong> those<br />
23 discussion was supposed to be not -- a<strong>re</strong> you the<strong>re</strong>?<br />
24 MR. NURIK: Yes.<br />
25 MR. LICHTMAN: -- not for how application.
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