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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 to mean additional money over and above the inte<strong>re</strong>st,<br />

2 like a kicker.<br />

3 Q. Is that typically paid upfront?<br />

4 A. In some instances that was and in some<br />

5 instances it wasn't. In this it does not appear that<br />

6 I was paying anything upfront.<br />

7 Q. Okay. If you'd look at number five, it<br />

8 says, "security, and then it <strong>re</strong>fe<strong>re</strong>nces, "a shelf<br />

9 mortgage on Ron Picou's main <strong>re</strong>fe<strong>re</strong>nce." Do you see<br />

10 that?<br />

11 A. Yes.<br />

12 Q. Did part <strong>of</strong> this deal actually involved<br />

13 taking out a mortgage on Mr. Picou's <strong>re</strong>sidence?<br />

14 A. An actual mortgage, no. It appears that I<br />

15 structu<strong>re</strong>d a shell mortgage for the very purpose <strong>of</strong><br />

16 deceiving Mr. Lipsitz and Mr. Tonacchio.<br />

17 Q. Was Mr. Picou awa<strong>re</strong> <strong>of</strong> any <strong>of</strong> this at the<br />

18 time?<br />

19 A. Mr. Picou knew I was going to get him the<br />

20 money. I do not believe that he knew I was getting it<br />

21 from Barry and Domenick.<br />

22 Q. According to Mr. Lipsitz's testimony, the<br />

23 first time that you discussed this deal with either<br />

24 Mr. Tonacchio and/or Mr. Lipsitz was at Capital Grille<br />

25 in Fort Lauderdale and he testified that Mr. Picou was<br />

Page 45

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