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 MR. PHILLIPS: In prison, okay. Page 192 2 So you don't want the jury to know whether 3 he's working or not working. 4 MR. KAPLAN: I don't want them to know -- I 5 don't want them to know what's going on within the 6 institution. 7 BY MR. PHILLIPS: 8 Q. Did you check the in compliance box under 9 oath while you were an attorney knowing that your 10 trust accounts were not in compliance? 11 A. Yes. 12 Q. And when you filed tax returns, when it 13 says, "I acknowledge under penalty of perjury that the 14 information set forth in the returns are true and 15 correct to the best of your knowledge and belief," did 16 you also sign those knowing that they were false? 17 A. Yes. 18 Q. I'm trying to wind down now. 19 (Thereupon, Mr. LaVecchio entered the room and 20 Mr. Kaplan exited the room.) 21 BY MR. PHILLIPS: 22 Q. I just want make it clear for the record, 23 you never openly discussed the Ponzi scheme with 24 anybody, not even your subPonzi people, correct? 25 MR. GAY: Objection to the form.

1 MR. PHILLIPS: What's wrong with the form? Page 193 2 THE WITNESS: That's not correct. 3 MR. PHILLIPS: Wait one second, I want to 4 see what's wrong with the form. 5 MR. GAY: It's vague, subPonzi people, I'm 6 not sure who that is. Two, I think it 7 mischaracterizes his prior testimony. 8 BY MR. PHILLIPS: 9 Q. Well, let me back up for a second then. 10 You certainly never discussed your Ponzi 11 scheme with Mr. Lipsitz, correct? 12 A. I never discussed the fact that I was 13 running a Ponzi scheme with Mr. Lipsitz. 14 Q. Okay. Could you count how many different 15 times you lied to the Florida Bar? 16 A. No, sir. 17 Q. Can you count how many different times you 18 lied to banks? 19 A. No, sir. 20 Q. Can you tell us how many different times you 21 lied on your tax returns? 22 A. No, sir. 23 Q. Can you tell us how many different times you 24 lied to clients? 25 A. No, sir, I'd be guessing.

1 MR. PHILLIPS: In prison, okay.<br />

Page 192<br />

2 So you don't want the jury to know whether<br />

3 he's working or not working.<br />

4 MR. KAPLAN: I don't want them to know -- I<br />

5 don't want them to know what's going on within the<br />

6 institution.<br />

7 BY MR. PHILLIPS:<br />

8 Q. Did you check the in compliance box under<br />

9 oath while you we<strong>re</strong> an attorney knowing that your<br />

10 trust accounts we<strong>re</strong> not in compliance?<br />

11 A. Yes.<br />

12 Q. And when you filed tax <strong>re</strong>turns, when it<br />

13 says, "I acknowledge under penalty <strong>of</strong> perjury that the<br />

14 information set forth in the <strong>re</strong>turns a<strong>re</strong> true and<br />

15 cor<strong>re</strong>ct to the best <strong>of</strong> your knowledge and belief," did<br />

16 you also sign those knowing that they we<strong>re</strong> false?<br />

17 A. Yes.<br />

18 Q. I'm trying to wind down now.<br />

19 (The<strong>re</strong>upon, Mr. LaVecchio ente<strong>re</strong>d the room and<br />

20 Mr. Kaplan exited the room.)<br />

21 BY MR. PHILLIPS:<br />

22 Q. I just want make it clear for the <strong>re</strong>cord,<br />

23 you never openly discussed the Ponzi scheme with<br />

24 anybody, not even your subPonzi people, cor<strong>re</strong>ct?<br />

25 MR. GAY: Objection to the form.

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