Deposition of Scott Rothstein re - Trustee Services

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1 BY MR. GAY: Page 84 2 Q. Do you know why they did that? 3 MR. PHILLIPS: Same objection. 4 THE WITNESS: I do not. 5 BY MR. GAY: 6 Q. Did you ever discuss that with them? 7 A. I may have, but I don't have a specific 8 recollection one way or the other. 9 Q. Look at TL 00229, please. It's a 10 January 31, 2008 e-mail. 11 A. Yes, sir. 12 Q. Just look at the e-mail and tell me what you 13 were discussing here. 14 A. This is me attempting to add legitimacy and 15 an explanation regarding a scam that I had going on 16 with Gibraltar back in order to slow down deposited 17 checks. 18 Q. Okay. It says towards the end, "This has 19 made a mess of my accounts. They are now looking at 20 hundreds of checks for fraud." Do you see that? 21 A. Yes. 22 Q. Did that actually happen, that your bank was 23 looking at your checks for fraud? 24 A. No. Gibraltar Bank was always looking at me 25 for fraud, but that's not relative to this particular
1 e-mail, no, sir. Page 85 2 Q. Look at 00231, please. 3 A. Yes. 4 Q. It's a February 4, 2008 e-mail from Scott 5 Rothstein to TL Investors. Do you see that? 6 A. Yes. 7 Q. First line, it says, "No checks bounced." 8 Then all capitals, "NONE." And a couple of lines down 9 it says, "NO ONE said they bounced." Again, in capital 10 letters, "NO ONE." Can you tell me what that's in 11 reference to? 12 A. Yes. I had received word from Domenick that 13 someone at my bank, at Gibraltar, had said -- or 14 someone at his bank had said that checks that he had 15 deposited had bounced, when, in fact, they had been 16 returned under a scam I had running with Gibraltar 17 Bank, refer to maker or for lack of endorsement. 18 Q. The scam with Gibraltar was that they would 19 return the checks even though they were sufficient? 20 A. Yes, when I couldn't fund a specific check, 21 Gibraltar would, from time to time, mark the check for 22 me refer to maker and return it instead of bouncing it 23 to give me time to get the funds in to fund it. 24 Q. Was it your understanding at that time that 25 Mr. Tonacchio believed that you had bounced a check to
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1 UNITED STATES DISTRICT COURT FOR
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1 ALSO PRESENT: 2 Domenick Tonacchi
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1 MR. LIPSITZ: Barry Lipsitz. Page
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1 A. That's correct. Page 7 2 Q. Ma
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1 first had a home just off of A1A
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1 A. It was an investment vehicle.
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1 where Mr. Lipsitz was there. Othe
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1 A. Yes, it's certainly possible.
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1 establishment? Page 17 2 A. A han
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1 Q. Who else would have accompanie
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1 private jet with Mr. Lipsitz? Pag
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1 Q. And this is an e-mail in June
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1 Q. Okay. If you see the text of t
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1 went to that graduation party? Pa
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1 to name the people? Page 29 2 MR.
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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 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: 1 THE WITNESS: I don't. I don't hav
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
Page 127 and 128: 1 note was usurious? Page 127 2 A.
Page 129 and 130: 1 deals or structured settlement de
Page 131 and 132: 1 been owed money from RRA? Page 13
Page 133 and 134: 1 A. Yes, sir. Page 133 2 Q. All ri
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1 MR. GAY: Objection to form. Page
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1 Q. And did you have an opinion as
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1 clients and what was going on on
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1 broken down? Page 141 2 A. That i
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1 on these "settlement deals"? Page
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1 yes, sir. Page 145 2 MR. SALIM: A
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1 "loan." Page 147 2 I think you ca
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1 asking? I mean, just generally as
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1 husband/wife privilege. You are n
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1 Q. It could be a mistake, could b
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1 uncle, or any other person that t
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1 Q. What do you mean by that, Scot
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1 A. Yes. Page 159 2 MR. GAY: Objec
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1 Q. With respect to the Picou deal
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1 BY MR. PHILLIPS: Page 163 2 Q. Di
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1 him, use it as he needed to for d
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1 BY MR. PHILLIPS: Page 167 2 Q. Ri
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1 June 4th, Mr. Lichtman asked you
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1 going on. Then it morphed into fu
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1 Q. Now, in the plea agreement you
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1 documents establish. Page 175 2 Q
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1 That he had actually been living
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1 Q. In fact, didn't Mr. Caputi con
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1 A. I don't know whether I did or
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1 Page 38 of that transcript that y
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1 A. I mean, hang on, court records
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1 A. I'll be polite and not discuss
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1 Q. And do you recall saying that
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1 Q. Yes. Page 191 2 A. Yes. 3 Q. D
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1 MR. PHILLIPS: What's wrong with t
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1 looked at so many documents and h
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1 upon what my thought process was
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1 Q. So your position was, when you
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1 Q. Do you recall telling him that
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1 relationship with God, right? Pag
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1 the money into. Page 205 2 Q. Wel
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1 CERTIFICATE 2 STATE OF FLORIDA )
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Deposition of Scott Rothstein re - Trustee Services

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