Deposition of Scott Rothstein re - Trustee Services

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