Deposition of Scott Rothstein re - Trustee Services

1 A. To the best of my recollection, we were
Page 78
2 short on cash. I couldn't make the check good, so I
3 was telling him to hold it.
4 Q. Was it your understanding that in
5 representing to Mr. Tonacchio that he needed to hold
6 the check, you were in effect telling him, I don't
7 have the funds to make good on this check?
8 A. No, that's -- no, no, that's not what I
9 said. That's what -- that's the reason I was doing
10 it. I don't know why I told him to hold it.
11 Q. Well, what would you possibly represent to
12 him as to why you would need to hold the check?
13 MR. SALIM: Form.
14 THE WITNESS: Could have been a myriad of
15 reasons. I don't want to guess. Unless I see an
16 e-mail related to this, sir, I can't tell you with
17 any certainty.
18 BY MR. GAY:
19 Q. If it was in relation to one of the
20 settlement agreement related deals, I understand from
21 prior testimony that what was represented was that you
22 had settled pre suit litigation on behalf of a client.
23 Defendant in that underlying litigation had funded a
24 settlement payment that your law firm was holding in
25 an account; is that correct?