Deposition of Scott Rothstein re - Trustee Services
Deposition of Scott Rothstein re - Trustee Services Deposition of Scott Rothstein re - Trustee Services
1 identical? Page 76 2 A. As I sit here today, I don't have a specific 3 recollection. I did that frequently with deals. 4 Q. Do you remember what your reputation was to 5 the "investors" as to why there would be multiple 6 deals that would be structured exactly the same way? 7 A. Well, when they were settlement funding 8 deals, I told the investors that it was multiple 9 plaintiffs. So this could be one of those, but I 10 don't recall specifically. The e-mail is not detailed 11 enough. 12 Q. Then the fourth line of the e-mail it says, 13 "And again, an extra 10 points in fees for funding 14 today." Do you see that? 15 A. Yes. 16 Q. Do you remember why or what the 17 representation was as to why there would be this sort 18 of kicker for funding that day? 19 A. I know the actual reason. I don't know what 20 the lie was that I told them. 21 Q. And when it refers to extra 10 points, what 22 does that equate to dollar wise? 23 A. The way I wrote it, it looks like one 24 percent of the total loan amount in fees. One percent 25 for each point.
1 Q. So when you generally refer to points, it's 2 the same general connotation as when people talk about 3 mortgage loan paying down points, same idea? 4 A. Yes. 5 Q. As far as the percentage of the overall deal 6 total? 7 A. Yes. 8 Q. Okay. If you'd look at Document 00218, 9 please. 10 A. Okay. 11 Q. It's July 9, 2007-e-mail from you, Scott 12 Rothstein, to christinaztona@aol.com. Do you see 13 that? 14 A. Yes, I do. 15 Q. You said, "I spoke to him this morning... I 16 told him I was sending him an interest check for 15K." 17 Do you know who you were referring to when you say 18 "him"? 19 A. Looks like Domenick. 20 Q. It goes on to say, and that he should still 21 hold the check. Please tell him to hold the check -- 22 or excuse me, please tell him to hold it until I tell 23 him to deposit it. Do you see that? 24 A. I do. 25 Q. Tell me what that was in reference to. Page 77
- 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 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: 1 and it says an hour or less. Page
- 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
1 identical?<br />
Page 76<br />
2 A. As I sit he<strong>re</strong> today, I don't have a specific<br />
3 <strong>re</strong>collection. I did that f<strong>re</strong>quently with deals.<br />
4 Q. Do you <strong>re</strong>member what your <strong>re</strong>putation was to<br />
5 the "investors" as to why the<strong>re</strong> would be multiple<br />
6 deals that would be structu<strong>re</strong>d exactly the same way?<br />
7 A. Well, when they we<strong>re</strong> settlement funding<br />
8 deals, I told the investors that it was multiple<br />
9 plaintiffs. So this could be one <strong>of</strong> those, but I<br />
10 don't <strong>re</strong>call specifically. The e-mail is not detailed<br />
11 enough.<br />
12 Q. Then the fourth line <strong>of</strong> the e-mail it says,<br />
13 "And again, an extra 10 points in fees for funding<br />
14 today." Do you see that?<br />
15 A. Yes.<br />
16 Q. Do you <strong>re</strong>member why or what the<br />
17 <strong>re</strong>p<strong>re</strong>sentation was as to why the<strong>re</strong> would be this sort<br />
18 <strong>of</strong> kicker for funding that day?<br />
19 A. I know the actual <strong>re</strong>ason. I don't know what<br />
20 the lie was that I told them.<br />
21 Q. And when it <strong>re</strong>fers to extra 10 points, what<br />
22 does that equate to dollar wise?<br />
23 A. The way I wrote it, it looks like one<br />
24 percent <strong>of</strong> the total loan amount in fees. One percent<br />
25 for each point.