Deposition of Scott Rothstein re - Trustee Services

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1 A. I recall testimony to that effect, yes, sir. 2 Q. And you said it was your intention at that 3 point, when you sent out those e-mails, to kill 4 yourself, that you wanted to try to bail out as many 5 people as possible, correct? 6 A. Yes, sir. 7 Q. You thought you were going to die by your 8 own hand when you sent out those e-mails, didn't you 9 4? 10 MR. GAY: Objection to form. 11 THE WITNESS: At various points in time, I 12 did, yes, sir. I flipped back and forth between 13 thinking of killing myself, thinking about coming 14 back, thinking about continuing to run. 15 BY MR. PHILLIPS: 16 Q. I'm talking specifically now about when you 17 sent e-mails to exculpate people such as Stuart 18 Rosenfeldt? 19 MR. GAY: Objection to form. 20 THE WITNESS: What I'm trying to explain to 21 you, Gary, is that while I was away, I had moments 22 where I actively thought about killing myself, and I 23 had moments where I thought about turning myself in. 24 I had moments where I thought about continuing to 25 run, and it varied from moment to moment depending Page 196
1 upon what my thought process was at that time. It Page 197 2 wasn't one continuous stream while I was gone. 3 BY MR. PHILLIPS: 4 Q. Well, Page 49 of the transcript of December 5 12, 2011, you said I want -- there was a question, "I 6 want to know who did you send e-mails to to falsely 7 exculpate?" 8 And your answer is, "George Levin, Frank 9 Preve, possibly some of the other guys, maybe Stu. I 10 don't remember. I was in a -- to say that I was in a 11 bad state of mind would be the understatement of the 12 millennium. It was my intention, at that point in 13 time, to kill myself. So I was going try to bail as 14 many people out as possible." Do you recall that 15 answer? 16 A. Yes, at the time that I was sending 17 exculpatory e-mails I was doing that while I was 18 thinking about killing myself, yes. 19 Q. And are you familiar with the concept of a 20 dying declaration? 21 You are frozen, can you hear me? 22 MR. LICHTMAN: Sometimes the screen -- this 23 happened one other time. 24 MR. LAVECCHIO: Last time it meant that we 25 were off line. So I'm going to have to make a call.
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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
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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
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1 was a distinction between a "sett
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1 BY MR. SALIM: Page 125 2 Q. If yo
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1 note was usurious? Page 127 2 A.
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1 deals or structured settlement de
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1 been owed money from RRA? Page 13
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1 A. Yes, sir. Page 133 2 Q. All ri
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1 MR. GAY: Objection to form. Page
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1 Q. And did you have an opinion as
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1 clients and what was going on on
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1 broken down? Page 141 2 A. That i
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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 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: 1 looked at so many documents and h
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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