Deposition of Scott Rothstein re - Trustee Services

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1 [Short recess taken.] Page 198 2 BY MR. PHILLIPS: 3 Q. The last question I believe was, are you 4 familiar with the concept of a dying declaration? 5 A. I am. 6 Q. What is that? 7 MR. GAY: Objection to form. 8 THE WITNESS: It's where someone is 9 literally on their death bed and they make a 10 statement that follows certain predicates set out by 11 the evidence code, and it's taken as a statement that 12 could be admissible in evidence. 13 BY MR. PHILLIPS: 14 Q. Meaning people who are about to die 15 generally tell the truth because they are on their 16 death bed, correct? 17 MR. GAY: Objection to form. 18 THE WITNESS: Well, that's the presumption 19 that the drafters of the evidence code utilized in 20 creating that rule, and then it's given to the jury 21 to decide whether or not it's truthful or not, to 22 weigh it, and they weigh other things like whether or 23 not the person was mentally stable at the time, on 24 medication, taking drugs, that type of thing. 25 BY MR. PHILLIPS:
1 Q. So your position was, when you were sending 2 out e-mails bailing people out, you were not mentally 3 stable and they were false? 4 MR. GAY: Objection to form. 5 MR. PHILLIPS: Correct? 6 MR. GAY: Objection to form. 7 THE WITNESS: Gary, you have to define for 8 me "mentally stable." I mean, I was suicidal. I was 9 on the run. I was trying to figure out what to do. 10 So I don't know that anyone would be completely 11 mentally stable at that point in time. 12 BY MR. PHILLIPS: 13 Q. You would agree that you may not have -- 14 A. I had moments of mental stability and I had 15 moments of mental instability. 16 Q. And you would agree you were that way 17 throughout the whole Ponzi scheme, correct? 18 MR. GAY: Objection to form. 19 THE WITNESS: From time to time. Not 20 nearly as much. It teetered tottered a lot more 21 while I was in Morocco, just because of the sheer 22 enormity of the pressure. But certainly from time to 23 time when I was in the states. I teetered back and 24 forth. 25 Page 199
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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
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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 and 196: 1 looked at so many documents and h
Page 197: 1 upon what my thought process was
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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