Deposition of Scott Rothstein re - Trustee Services
Deposition of Scott Rothstein re - Trustee Services Deposition of Scott Rothstein re - Trustee Services
1 agreement with the United States of America, correct? 2 A. I did. 3 Q. And in that you pled guilty to racketeering 4 and conspiracy, correct? 5 A. Correct. 6 Q. You pled guilty to conspiracy to commit 7 money laundering, correct? 8 A. Correct. 9 Q. You pled guilty to conspiracy to commit mail 10 fraud and wire fraud, right? 11 A. Correct. 12 Q. And finally you pled guilty to wire fraud, 13 correct? 14 A. Correct. 15 Q. Do you recall in that plea agreement there 16 was a statement of facts that you were required sign? 17 A. Yes, sir. 18 Q. Do you recall that the statement of facts 19 stated that you stipulate and agree that the aforesaid 20 facts are true and correct and they encompass all of 21 the necessary elements to establish the guilt under 22 the five counts we just discussed. 23 Do you recall that? 24 A. Yes, sir, I do. 25 Q. Now, in your deposition on last Monday, Page 168
1 June 4th, Mr. Lichtman asked you a question about when 2 the bridge loans started, and you said you really 3 couldn't recall. And he said was it 2004 or perhaps 4 earlier, and you said yes, but you couldn't put a 5 precise date on when that portion of the Ponzi scheme 6 began. Do you recall that? 7 A. I don't know what day he said, but if that's 8 what the transcript says, I'll take your word for it 9 at this moment. 10 Q. Well, as you sit here, do you recall whether 11 the Ponzi scheme and bridge loans started in 2004? 12 A. I don't recall. There were points in time 13 before any of this started, Gary, that we were, in 14 essence, borrowing money from clients to fund the law 15 firm. It wasn't a full-blown Ponzi scheme at the 16 time, it was simply borrowing money and paying it back 17 at exorbitant interest rates to try to keep the law 18 firm afloat. So the exact start date of the Ponzi 19 scheme, I can't tell you the exact start date of when 20 it went from a bridge loan, from just a couple of 21 loans from assorted clients and friends, to a scheme 22 where money was going in and out on a rapid regular 23 basis. I can't tell you for certain, I'd be guessing. 24 Q. Well, today we've seen that Mr. Lipsitz and 25 Mr. Tonacchio did not provide you any funds until you Page 169
- 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 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: 1 BY MR. PHILLIPS: Page 167 2 Q. Ri
- 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
- Page 203 and 204: 1 relationship with God, right? Pag
- Page 205 and 206: 1 the money into. Page 205 2 Q. Wel
- Page 207 and 208: 1 CERTIFICATE 2 STATE OF FLORIDA )
1 June 4th, Mr. Lichtman asked you a question about when<br />
2 the bridge loans started, and you said you <strong>re</strong>ally<br />
3 couldn't <strong>re</strong>call. And he said was it 2004 or perhaps<br />
4 earlier, and you said yes, but you couldn't put a<br />
5 p<strong>re</strong>cise date on when that portion <strong>of</strong> the Ponzi scheme<br />
6 began. Do you <strong>re</strong>call that?<br />
7 A. I don't know what day he said, but if that's<br />
8 what the transcript says, I'll take your word for it<br />
9 at this moment.<br />
10 Q. Well, as you sit he<strong>re</strong>, do you <strong>re</strong>call whether<br />
11 the Ponzi scheme and bridge loans started in 2004?<br />
12 A. I don't <strong>re</strong>call. The<strong>re</strong> we<strong>re</strong> points in time<br />
13 befo<strong>re</strong> any <strong>of</strong> this started, Gary, that we we<strong>re</strong>, in<br />
14 essence, borrowing money from clients to fund the law<br />
15 firm. It wasn't a full-blown Ponzi scheme at the<br />
16 time, it was simply borrowing money and paying it back<br />
17 at exorbitant inte<strong>re</strong>st rates to try to keep the law<br />
18 firm afloat. So the exact start date <strong>of</strong> the Ponzi<br />
19 scheme, I can't tell you the exact start date <strong>of</strong> when<br />
20 it went from a bridge loan, from just a couple <strong>of</strong><br />
21 loans from assorted clients and friends, to a scheme<br />
22 whe<strong>re</strong> money was going in and out on a rapid <strong>re</strong>gular<br />
23 basis. I can't tell you for certain, I'd be guessing.<br />
24 Q. Well, today we've seen that Mr. Lipsitz and<br />
25 Mr. Tonacchio did not provide you any funds until you<br />
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