Deposition of Scott Rothstein re - Trustee Services
Deposition of Scott Rothstein re - Trustee Services Deposition of Scott Rothstein re - Trustee Services
1 amount of $5,250." Do you see that? Page 56 2 A. Yes. 3 Q. Explain to me what that involved just 4 because I'm a little confused by the two payments, the 5 31.5 and the 5,250. 6 A. The 5,250 is the breakdown on a monthly 7 basis of the 31,500. 8 Q. Okay. This is fairly complicated terms as 9 compared to the Picou loan. In other words, there's 10 much more specifics as to amounts paid out and 11 breakdowns and things of that nature. Can you explain 12 to me how you arrived at the terms of this deal? 13 A. Well, actually it's not a lot more 14 complicated. I mean, now looking at it and studying 15 it, I can tell you what the deal was. They were each 16 putting up $175,000. They were getting back their 17 principal of $175,000, each of them, six months from 18 the date of the note. They were each getting a kicker 19 of $8,750 on the date of the note. And they were 20 getting checks of $5,250 over a six-month period, so 21 that would be the terms. 22 The way it was created was I figured out 23 that I needed a total of $350,000 into the Ponzi 24 scheme and then I structured a deal accordingly. 25 Q. You mentioned a kicker of 8,750. Could you
1 explain that to me? Page 57 2 A. It was an enticement. 3 Q. Is that something you just offered on your 4 own or is that something that was requested? 5 A. I think initially -- well, at various points 6 in time I offered it on my own and at other points in 7 time, after I had offered it on my own, they 8 specifically asked me for deals that had a kicker in 9 it. 10 Q. Okay. And the idea with the kicker is that 11 on the day that either Mr. Tonacchio and/or 12 Mr. Lipsitz effectively funded this deal, the same day 13 that they transfer money to RRA, they would get back 14 each 8,750? 15 A. Correct. 16 Q. You mentioned that you arrived at the terms 17 of this deal by deciding what type of inflow you 18 needed for the Ponzi scheme. So tell me about the 19 nature of -- 20 A. Correct. 21 Q. Tell me about the nature of the Ponzi scheme 22 in March of 2007. 23 A. That question is vague. I am not sure what 24 you mean by "the nature of the Ponzi scheme in 2007." 25 Q. Agreed. Agreed.
- 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 and 24: 1 Q. And this is an e-mail in June
- Page 25 and 26: 1 Q. Okay. If you see the text of t
- 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: 1 e-mail that goes with this specif
- 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
1 amount <strong>of</strong> $5,250." Do you see that?<br />
Page 56<br />
2 A. Yes.<br />
3 Q. Explain to me what that involved just<br />
4 because I'm a little confused by the two payments, the<br />
5 31.5 and the 5,250.<br />
6 A. The 5,250 is the b<strong>re</strong>akdown on a monthly<br />
7 basis <strong>of</strong> the 31,500.<br />
8 Q. Okay. This is fairly complicated terms as<br />
9 compa<strong>re</strong>d to the Picou loan. In other words, the<strong>re</strong>'s<br />
10 much mo<strong>re</strong> specifics as to amounts paid out and<br />
11 b<strong>re</strong>akdowns and things <strong>of</strong> that natu<strong>re</strong>. Can you explain<br />
12 to me how you arrived at the terms <strong>of</strong> this deal?<br />
13 A. Well, actually it's not a lot mo<strong>re</strong><br />
14 complicated. I mean, now looking at it and studying<br />
15 it, I can tell you what the deal was. They we<strong>re</strong> each<br />
16 putting up $175,000. They we<strong>re</strong> getting back their<br />
17 principal <strong>of</strong> $175,000, each <strong>of</strong> them, six months from<br />
18 the date <strong>of</strong> the note. They we<strong>re</strong> each getting a kicker<br />
19 <strong>of</strong> $8,750 on the date <strong>of</strong> the note. And they we<strong>re</strong><br />
20 getting checks <strong>of</strong> $5,250 over a six-month period, so<br />
21 that would be the terms.<br />
22 The way it was c<strong>re</strong>ated was I figu<strong>re</strong>d out<br />
23 that I needed a total <strong>of</strong> $350,000 into the Ponzi<br />
24 scheme and then I structu<strong>re</strong>d a deal accordingly.<br />
25 Q. You mentioned a kicker <strong>of</strong> 8,750. Could you