Deposition of Scott Rothstein re - Trustee Services

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1 meeting Mr. Tonacchio at that time? Page 24 2 A. Well, given the date of the e-mail, it looks 3 like I was meeting him there for my birthday. 4 Q. If you'd look at 00257, please. You see 5 that document? 6 A. I do. 7 Q. That's an e-mail, it says from 8 mailbox@my.simulscribe.com. Do you see that? 9 MR. SALIM: Form. 10 THE WITNESS: I do. 11 BY MR. GAY: 12 Q. Are you familiar with that "from" address? 13 A. I am. 14 Q. Could you explain to me what that is? 15 A. Many of the attorneys at my firm had a 16 service called simulscribe where when you called our 17 cell phone it would transcribe the message onto your 18 e-mail and then send you an e-mail so you didn't have 19 to listen to the call, you can read them. 20 Q. Do you believe the next -- this e-mail to be 21 a transcript of that phone message? 22 A. Yes, sir. 23 Q. And would that have been a message likely 24 received on the date of this e-mail, June 11, 2008? 25 A. Yes, sir.
1 Q. Okay. If you see the text of the e-mail it 2 says, "Scottie, happy birthday. Happy birthday, my 3 best buddy." It goes on in the second line to say, 4 right in the middle, "I wanna thank you again." Do 5 you see that? 6 A. Yes. 7 Q. Do you know what that's in reference to? 8 A. The "I want to thank you again," no. 9 We must have done something the night 10 before, but I'd be guessing. 11 Q. If you'd look at Document 259, please. You 12 have that in front of you? 13 A. Yes, I have it. 14 Q. I believe that's a June 12, 2008 e-mail from 15 that same christinaztona@aol.com address? 16 A. Yes. 17 Q. And it references the flying in for my 18 daughter's party. Do you see that? 19 A. I do. 20 Q. Do you think that's in reference to 21 Mr. Tonacchio's daughter's graduation party we 22 mentioned earlier? 23 A. It appears to be, yes, sir. 24 Q. And the second line it says, "If you have 25 any room, Scott, Pichinini" -- I might be pronouncing Page 25
Page 1 and 2: 1 UNITED STATES DISTRICT COURT FOR
Page 3 and 4: 1 ALSO PRESENT: 2 Domenick Tonacchi
Page 5 and 6: 1 MR. LIPSITZ: Barry Lipsitz. Page
Page 7 and 8: 1 A. That's correct. Page 7 2 Q. Ma
Page 9 and 10: 1 first had a home just off of A1A
Page 11 and 12: 1 A. It was an investment vehicle.
Page 13 and 14: 1 where Mr. Lipsitz was there. Othe
Page 15 and 16: 1 A. Yes, it's certainly possible.
Page 17 and 18: 1 establishment? Page 17 2 A. A han
Page 19 and 20: 1 Q. Who else would have accompanie
Page 21 and 22: 1 private jet with Mr. Lipsitz? Pag
Page 23: 1 Q. And this is an e-mail in June
Page 27 and 28: 1 went to that graduation party? Pa
Page 29 and 30: 1 to name the people? Page 29 2 MR.
Page 31 and 32: 1 of them was there. Page 31 2 Q. W
Page 33 and 34: 1 A. I do. Page 33 2 Q. Is that pho
Page 35 and 36: 1 they are. Page 35 2 Q. You never
Page 37 and 38: 1 watch for Mr. Tonacchio? Page 37
Page 39 and 40: 1 Q. So if Mr. Lipsitz previously t
Page 41 and 42: 1 THE WITNESS: If you could show me
Page 43 and 44: 1 lie. Page 43 2 Q. It would have b
Page 45 and 46: 1 to mean additional money over and
Page 47 and 48: 1 risk. Page 47 2 MR. PHILLIPS: Obj
Page 49 and 50: 1 very long period of time. Page 49
Page 51 and 52: 1 they could make a lot of money wi
Page 53 and 54: 1 in reference to the Picou loan? P
Page 55 and 56: 1 e-mail that goes with this specif
Page 57 and 58: 1 explain that to me? Page 57 2 A.
Page 59 and 60: 1 BY MR. GAY: Page 59 2 Q. And look
Page 61 and 62: 1 excuse me. "Late payment penalty
Page 63 and 64: 1 Q. But you would refer to each of
Page 65 and 66: 1 determine whether or not a specif
Page 67 and 68: 1 Morse and the Levys. Was there an
Page 69 and 70: 1 A. You know, I don't recall speci
Page 71 and 72: 1 Q. If you'd look at Document 0022
Page 73 and 74: 1 A. Yes. Page 73 2 Q. That's an e-
Page 75 and 76:
1 and it says an hour or less. Page
Page 77 and 78:
1 Q. So when you generally refer to
Page 79 and 80:
1 A. Yes, sir. Page 79 2 Q. So acco
Page 81 and 82:
1 it says, "It was great getting to
Page 83 and 84:
1 THE WITNESS: I don't. I don't hav
Page 85 and 86:
1 e-mail, no, sir. Page 85 2 Q. Loo
Page 87 and 88:
1 then when I finally did have the
Page 89 and 90:
1 construction loan or something of
Page 91 and 92:
1 A. I do. Page 91 2 Q. About the m
Page 93 and 94:
1 couldn't decipher what was being
Page 95 and 96:
1 A. I do. Page 95 2 Q. George who?
Page 97 and 98:
1 BY MR. GAY: Page 97 2 Q. A few mo
Page 99 and 100:
1 MR. PHILLIPS: Same. Page 99 2 THE
Page 101 and 102:
1 were sitting around in a group, l
Page 103 and 104:
1 time between myself and these peo
Page 105 and 106:
1 Q. Did you, in fact, invest money
Page 107 and 108:
1 A. Specifically, no. Sounds like
Page 109 and 110:
1 illegal activity that I did with
Page 111 and 112:
1 other business deals. More than t
Page 113 and 114:
1 MR. SALIM: Because he's a liar, p
Page 115 and 116:
1 that were associated with organiz
Page 117 and 118:
1 crime or associates of organized
Page 119 and 120:
1 A. Both ones that I was an invest
Page 121 and 122:
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
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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 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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