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 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

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 />

Page 169

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