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 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.

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

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