Deposition of Scott Rothstein re - Trustee Services

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1 just made up story after story after story for every Page 174 2 deal you ever entered into with these gentlemen? We 3 have to take your word for it, right? 4 A. No. Actually, 90 percent of what I told the 5 government is bolstered by documentation. 6 Q. Okay. So where is the documentation that is 7 bolstering everything you told the government? 8 MR. GAY: Objection to form. 9 THE WITNESS: In the million plus documents 10 in existence in this case. It's there. 11 BY MR. PHILLIPS: 12 Q. Do you recall -- 13 A. 90 percent of everything that I've had to 14 tell the government is in those documents. It's over 15 a million of them. It's all laid out nicely in there. 16 Q. So we have 90 percent covered but there's 10 17 percent that's not, is that what you are telling us? 18 A. Well, the way I look at it, you have about 19 90 percent completely bolstered by the documents and 20 the checks and the registers. You have some of that 21 and another percentage of it covered by seven or eight 22 people who have already taken pleas and corroborated 23 what I told the government. And the remainder can be 24 backed up simply by comparing what I told the 25 government and seeing if it fits within what all the
1 documents establish. Page 175 2 Q. But I was asking you about the things you 3 did in order to convince potential investors of the 4 legitimacy of RRA. Are there documents -- 5 A. And that's in the documents. 6 Q. Okay. So you are saying there are 7 documents -- 8 A. Oh, yeah, that's it. 9 Q. -- about how you went about convincing 10 investor? 11 A. Yes. There's documents, pictures, all kinds 12 of things, yes, sir. 13 Q. Okay. When you first started requesting 14 funds from Mr. Tonacchio and Mr. Lipsitz, do you 15 recall explaining to them about how your firm did a 16 lot of discrimination and whistleblower actions? 17 A. Yes. 18 Q. Do you recall the boast, "Our firm does the 19 most on the East Coast"? 20 MR. GAY: Objection to form. 21 THE WITNESS: I don't specifically recall 22 it, but it sounds like something I might say. 23 BY MR. PHILLIPS: 24 Q. And were you explaining to them that that's 25 how you came up with these confidential settlement
Page 1 and 2:
1 UNITED STATES DISTRICT COURT FOR
Page 3 and 4:
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
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1 were sitting around in a group, l
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1 time between myself and these peo
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1 Q. Did you, in fact, invest money
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1 A. Specifically, no. Sounds like
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1 illegal activity that I did with
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1 other business deals. More than t
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1 MR. SALIM: Because he's a liar, p
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1 that were associated with organiz
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1 crime or associates of organized
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1 A. Both ones that I was an invest
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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 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: 1 Q. Now, in the plea agreement you
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 )
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Deposition of Scott Rothstein re - Trustee Services

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