Deposition of Scott Rothstein re - Trustee Services
Deposition of Scott Rothstein re - Trustee Services Deposition of Scott Rothstein re - Trustee Services
1 says, "I MUST" -- in all capitals -- "put that back Page 96 2 now that I sent all checks to you." Do you see that? 3 A. Yes. 4 Q. What's that referring to? 5 A. My best recollection is that I had sent 6 $500,000 to Domenick for something and I needed it 7 back. 8 Q. Do you know why you would have sent 9 $500,000? 10 A. Without seeing other e-mail traffic, I can't 11 tell you. 12 Q. So when you say, "I must put that back now," 13 what did you mean by that? Put it back where? 14 A. Put it back in the bank. 15 Q. Why would you be representing to 16 Mr. Tonacchio that you needed to put money back in the 17 bank? 18 A. Because as I just testified to you, it 19 appears that I sent him $500,000 for something that he 20 needed the money for and that I needed to put it back. 21 Q. Okay. If you'd look at 00281, please. 22 A. Can we take two minutes, please. I need to 23 use the restroom. 24 Q. Yeah. 25 [Short recess taken.]
1 BY MR. GAY: Page 97 2 Q. A few more e-mails to ask you about. If 3 you'd look at 00281. 4 A. I have that. 5 Q. It's a May 13, 2009 e-mail from Scott 6 Rothstein to TL Investors. Subject is before you meet 7 with the bank. You see that? 8 A. Yes. 9 Q. It says, "Make sure to call me again to 10 review what you should or should not say." Do you see 11 that? 12 A. Yes. 13 Q. Tell me what that was in reference to. 14 A. To the best of my recollection, as a result 15 of all the money going in and out of Domenick's bank 16 accounts, to and from my law firm in the amounts and 17 with the regularity, the bank approached Domenick 18 concerned about what all these transactions were about 19 and what was actually going on. 20 Q. Mr. Tonacchio's bank approached him? 21 A. Yes. 22 Q. Do you recall what bank it was? 23 A. I do not. I don't recall because he was in 24 the process around this time or because of this he had 25 made a decision to change banks. I don't recall
- 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 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: 1 A. I do. Page 95 2 Q. George who?
- 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
- Page 135 and 136: 1 MR. GAY: Objection to form. Page
- Page 137 and 138: 1 Q. And did you have an opinion as
- Page 139 and 140: 1 clients and what was going on on
- Page 141 and 142: 1 broken down? Page 141 2 A. That i
- Page 143 and 144: 1 on these "settlement deals"? Page
- Page 145 and 146: 1 yes, sir. Page 145 2 MR. SALIM: A
1 says, "I MUST" -- in all capitals -- "put that back<br />
Page 96<br />
2 now that I sent all checks to you." Do you see that?<br />
3 A. Yes.<br />
4 Q. What's that <strong>re</strong>ferring to?<br />
5 A. My best <strong>re</strong>collection is that I had sent<br />
6 $500,000 to Domenick for something and I needed it<br />
7 back.<br />
8 Q. Do you know why you would have sent<br />
9 $500,000?<br />
10 A. Without seeing other e-mail traffic, I can't<br />
11 tell you.<br />
12 Q. So when you say, "I must put that back now,"<br />
13 what did you mean by that? Put it back whe<strong>re</strong>?<br />
14 A. Put it back in the bank.<br />
15 Q. Why would you be <strong>re</strong>p<strong>re</strong>senting to<br />
16 Mr. Tonacchio that you needed to put money back in the<br />
17 bank?<br />
18 A. Because as I just testified to you, it<br />
19 appears that I sent him $500,000 for something that he<br />
20 needed the money for and that I needed to put it back.<br />
21 Q. Okay. If you'd look at 00281, please.<br />
22 A. Can we take two minutes, please. I need to<br />
23 use the <strong>re</strong>stroom.<br />
24 Q. Yeah.<br />
25 [Short <strong>re</strong>cess taken.]
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