Deposition of Scott Rothstein re - Trustee Services
Deposition of Scott Rothstein re - Trustee Services Deposition of Scott Rothstein re - Trustee Services
1 Q. You don't remember specifically this Page 62 2 instance? 3 A. I do not. 4 Q. Do you remember if they specifically 5 requested a late payment penalty -- 6 MR. SALIM: Form. 7 BY MR. GAY: 8 Q. -- or did you just offer it? 9 A. I'd be guessing. Most of the time I just 10 offered that as an inducement. 11 Q. If you'd look at Document TL 00207, please. 12 A. I have that. 13 Q. That's an e-mail from Scott Rothstein dated 14 April 16, 2007 to TL Investors and Barryflash@aol.com, 15 subject the new loan. Do you see that? 16 A. I do. 17 Q. And then it goes on to say, "The following 18 are the terms of new the loan." Do you see that? 19 A. Yes, I do. 20 Q. Now, when you are referring to a loan in 21 this e-mail, do you know if this is in reference to 22 one of the bridge loans that we spoke about earlier or 23 one of the settlement agreement related deals that we 24 spoke about earlier? 25 A. I do not know. I cannot tell from this.
1 Q. But you would refer to each of these Page 63 2 interchangeably as loans? 3 A. I may have. I need to see some of the 4 e-mails from the settlement deals to see if I used the 5 words interchangeably, but it's certainly possible 6 that I did. 7 Q. Do you have any idea how many of these types 8 of deals you entered into with Mr. Lipsitz, 9 Mr. Tonacchio and/or their related entities and/or 10 wives? 11 A. You mean ones where I called them loans? 12 Q. The total amount of these deals, whether 13 they be bridge loan deals or settlement agreement 14 related deals. 15 A. I don't remember the total number of deals. 16 I recall the number being in the multiple tens of 17 millions of dollars in total between what they paid in 18 and what I paid out. 19 Q. If I were to say somewhere in between 30 and 20 40 deals, does that sound about right? 21 MR. SALIM: Form. 22 THE WITNESS: It does. 23 BY MR. GAY: 24 Q. Were there any other "investors" in the 25 Ponzi scheme deal that had that number of deals?
- 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 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: 1 excuse me. "Late payment penalty
- 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
1 Q. You don't <strong>re</strong>member specifically this<br />
Page 62<br />
2 instance?<br />
3 A. I do not.<br />
4 Q. Do you <strong>re</strong>member if they specifically<br />
5 <strong>re</strong>quested a late payment penalty --<br />
6 MR. SALIM: Form.<br />
7 BY MR. GAY:<br />
8 Q. -- or did you just <strong>of</strong>fer it?<br />
9 A. I'd be guessing. Most <strong>of</strong> the time I just<br />
10 <strong>of</strong>fe<strong>re</strong>d that as an inducement.<br />
11 Q. If you'd look at Document TL 00207, please.<br />
12 A. I have that.<br />
13 Q. That's an e-mail from <strong>Scott</strong> <strong>Rothstein</strong> dated<br />
14 April 16, 2007 to TL Investors and Barryflash@aol.com,<br />
15 subject the new loan. Do you see that?<br />
16 A. I do.<br />
17 Q. And then it goes on to say, "The following<br />
18 a<strong>re</strong> the terms <strong>of</strong> new the loan." Do you see that?<br />
19 A. Yes, I do.<br />
20 Q. Now, when you a<strong>re</strong> <strong>re</strong>ferring to a loan in<br />
21 this e-mail, do you know if this is in <strong>re</strong>fe<strong>re</strong>nce to<br />
22 one <strong>of</strong> the bridge loans that we spoke about earlier or<br />
23 one <strong>of</strong> the settlement ag<strong>re</strong>ement <strong>re</strong>lated deals that we<br />
24 spoke about earlier?<br />
25 A. I do not know. I cannot tell from this.