Deposition of Scott Rothstein re - Trustee Services

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1 BY MR. PHILLIPS: Page 200 2 Q. Do you recall telling people when you gave 3 them promissory notes from your law firm, that it was 4 really more like a guarantee that they would get paid 5 from your firm than a promissory note? 6 MR. GAY: Objection to form. 7 THE WITNESS: Certain people inquired as to 8 why in a funding of a pre-funded settlement would I 9 include a promissory note. The truth of the matter 10 is, it was a relic from the pre-heavy document deals. 11 Other people just wanted them in there I guess as an 12 additional guarantee. So I told them what I needed 13 to tell them in order to get them to buy the deal, 14 including statements that it's just an additional 15 guarantee. 16 BY MR. PHILLIPS: 17 Q. Did you tell Barry Lipsitz, "Your money is 18 always going to be good because you are getting a 19 promissory note from my firm"? 20 A. I believe I did, yes, sir. 21 Q. And did you tell him, "You'll never have 22 anything to worry about because we are giving you 23 postdated checks from our trust account for you to 24 deposit"? 25 A. That sounds correct, sir.
1 Q. Do you recall telling him that this was an Page 201 2 exclusive investment opportunity that you were opening 3 only to a limited group of investors and clients? 4 A. I don't ever recall addressing it like that, 5 like it was some kind of television exclusive offer, 6 the way you are saying it. That's not the way I would 7 have discussed it with anybody. 8 Q. And speaking of television, did you ever -- 9 well, let's start with, did you ever play guitar in a 10 band and perform? 11 A. Yes. 12 Q. Did you ever take any acting lessons? 13 A. No. 14 Q. Did you ever perform professionally? 15 A. You mean get paid? 16 Q. Yes. 17 A. I got paid when I was in high school and had 18 my band and in college for some fraternity parties, 19 but I think we got paid mostly in beer in college. 20 Q. That's because it was UF, I guess. 21 A. That's right. 22 Q. And I'm proud of that, that's okay. 23 Mr. Rothstein, do you recall telling people 24 that you would wrap tefillin every morning? 25 MR. GAY: Objection to form.
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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
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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 and 198: 1 upon what my thought process was
Page 199: 1 Q. So your position was, when you
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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