Deposition of Scott Rothstein re - Trustee Services

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1 MR. NURIK: I believe so, but I defer to Page 152 2 your recollection since you've been involved in the 3 litigation concerning this matter. But I believe you 4 are right. 5 MR. PHILLIPS: So I don't have to go 6 through the same questions, I'm going to assume if we 7 ask the same questions, Chuck, you'll have the same 8 objections on behalf of Mr. Lipsitz? 9 MR. LICHTMAN: Yes. And if you are 10 switching off, can we just take two minutes -- 11 MR. PHILLIPS: I don't think we are 12 switching yet, I just wanted to -- 13 MR. LICHTMAN: Okay. 14 MR. SALIM: All right. Scott, are you 15 ready? 16 THE WITNESS: I am, thank you. 17 BY MR. SALIM: 18 Q. Going back to the August 2011 meeting with 19 Mr. Lichtman, et al. Other than yourself, Mr. Nurick, 20 Mr. LaVecchio, Richard Stout. Who is Richard Stout? 21 A. An FBI agent. 22 Q. The next person is Aaron. By the way, for 23 the record I'm reading Page 110 of your examination on 24 June 4, 2012. Who is Aaron? 25 A. I think they meant Taryn.
1 Q. It could be a mistake, could be Karyn? Page 153 2 A. Taryn. 3 Q. Mr. Lichtman, who we know; Mr. Stettin, who 4 we know; Mr. Singerman, who we know; Mr. Cimo, who we 5 know; some really boring forensics guy. Do you know 6 whether that person was affiliated with the trustee's 7 financial advisor, Berkowitz Dick? 8 A. To best of my recollection, yes. 9 Q. And Mr. Genovese. Were there any other 10 persons other than those that I've just identified in 11 that meeting? 12 A. To the best of my recollection, no. I don't 13 remember anybody else being there. 14 Q. By the way, was there a court reporter 15 there? 16 A. No. 17 Q. Throughout your testimony both on June 4th 18 and previously, you've indicated that the United 19 States has made you no promises vis-a-vis any possible 20 sentence reduction and that you have no purpose in 21 life right now or reason other than to simply tell the 22 truth. You recall that? 23 MR. GAY: Objection to form. 24 THE WITNESS: Yes, sir. 25 BY MR. SALIM:
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1 UNITED STATES DISTRICT COURT FOR
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1 ALSO PRESENT: 2 Domenick Tonacchi
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1 MR. LIPSITZ: Barry Lipsitz. Page
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1 A. That's correct. Page 7 2 Q. Ma
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1 first had a home just off of A1A
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1 A. It was an investment vehicle.
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1 where Mr. Lipsitz was there. Othe
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1 A. Yes, it's certainly possible.
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1 establishment? Page 17 2 A. A han
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1 Q. Who else would have accompanie
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1 private jet with Mr. Lipsitz? Pag
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1 Q. And this is an e-mail in June
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1 Q. Okay. If you see the text of t
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1 went to that graduation party? Pa
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1 to name the people? Page 29 2 MR.
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1 of them was there. Page 31 2 Q. W
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1 A. I do. Page 33 2 Q. Is that pho
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1 they are. Page 35 2 Q. You never
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1 watch for Mr. Tonacchio? Page 37
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1 Q. So if Mr. Lipsitz previously t
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1 THE WITNESS: If you could show me
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1 lie. Page 43 2 Q. It would have b
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1 to mean additional money over and
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1 risk. Page 47 2 MR. PHILLIPS: Obj
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1 very long period of time. Page 49
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1 they could make a lot of money wi
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1 in reference to the Picou loan? P
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1 e-mail that goes with this specif
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1 explain that to me? Page 57 2 A.
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1 BY MR. GAY: Page 59 2 Q. And look
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1 excuse me. "Late payment penalty
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1 Q. But you would refer to each of
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1 determine whether or not a specif
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1 Morse and the Levys. Was there an
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1 A. You know, I don't recall speci
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1 Q. If you'd look at Document 0022
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1 A. Yes. Page 73 2 Q. That's an e-
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1 and it says an hour or less. Page
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1 Q. So when you generally refer to
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1 A. Yes, sir. Page 79 2 Q. So acco
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1 it says, "It was great getting to
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1 THE WITNESS: I don't. I don't hav
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1 e-mail, no, sir. Page 85 2 Q. Loo
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1 then when I finally did have the
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1 construction loan or something of
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1 A. I do. Page 91 2 Q. About the m
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1 couldn't decipher what was being
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1 A. I do. Page 95 2 Q. George who?
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1 BY MR. GAY: Page 97 2 Q. A few mo
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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 and 150: 1 asking? I mean, just generally as
Page 151: 1 husband/wife privilege. You are n
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
Page 201 and 202: 1 Q. Do you recall telling him that
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1 relationship with God, right? Pag
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1 the money into. Page 205 2 Q. Wel
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1 CERTIFICATE 2 STATE OF FLORIDA )
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Deposition of Scott Rothstein re - Trustee Services

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