Deposition of Scott Rothstein re - Trustee Services
Deposition of Scott Rothstein re - Trustee Services Deposition of Scott Rothstein re - Trustee Services
1 specifically. Page 98 2 Q. So I was just going to ask you if you knew 3 what the resolution of that sort of incident with his 4 bank was, but it sounds like he may have resolved it 5 by simply switching banks. 6 A. He may have. I don't recall one way or the 7 other. 8 Q. Okay. 00289. If you'd look at that 9 document. It's a July 10th -- 10 A. Okay. 11 Q. -- 2009 e-mail. Actually, there's two 12 e-mails. I'd like to start with the one -- the second 13 e-mail from Scott Rothstein to Barryflash. Can you 14 tell me what that e-mail was about? 15 A. Yes. There was a delay in getting documents 16 and checks to Barry. I was taking my nephew up to 17 Gainesville for college. Actually, to get an 18 apartment. That's all. 19 Q. The response from -- 20 A. I was using it as an excuse as to why 21 something got delayed. 22 Q. Okay. To the best of your knowledge, did 23 Mr. Tonacchio and/or Mr. Lipsitz know they were 24 investing in a fraud scheme? 25 MR. SALIM: Form.
1 MR. PHILLIPS: Same. Page 99 2 THE WITNESS: I can't answer that one way 3 or the other. 4 BY MR. GAY: 5 Q. Why is that? 6 A. Because the way that this was done, it 7 appeared to me to be, on a good day, shady. But you 8 have to also balance that out with the fact that these 9 guys trusted me. They were my friends. So for the 10 life of me, I can't tell you for certain one way or 11 the other. We certainly had conversations where it 12 appeared that I was involved in a lot of shady 13 activity and they were both aware of it. But I can't 14 say for certain and I'm not going to render a guess. 15 Q. Do you know what time period they became 16 aware that you were involved in shady activity? 17 MR. SALIM: Form. 18 MR. PHILLIPS: Objection to the form. 19 THE WITNESS: It was fairly early on in our 20 actual friendship. There were things that we 21 discussed that were not aboveboard. I think we all 22 realized that we all qualified as "players" in each 23 other's eyes on a variety of different levels. So I 24 spoke more freely with them than I might have 25 otherwise.
- 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 and 96: 1 A. I do. Page 95 2 Q. George who?
- Page 97: 1 BY MR. GAY: Page 97 2 Q. A few mo
- 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
- Page 147 and 148: 1 "loan." Page 147 2 I think you ca
1 MR. PHILLIPS: Same.<br />
Page 99<br />
2 THE WITNESS: I can't answer that one way<br />
3 or the other.<br />
4 BY MR. GAY:<br />
5 Q. Why is that?<br />
6 A. Because the way that this was done, it<br />
7 appea<strong>re</strong>d to me to be, on a good day, shady. But you<br />
8 have to also balance that out with the fact that these<br />
9 guys trusted me. They we<strong>re</strong> my friends. So for the<br />
10 life <strong>of</strong> me, I can't tell you for certain one way or<br />
11 the other. We certainly had conversations whe<strong>re</strong> it<br />
12 appea<strong>re</strong>d that I was involved in a lot <strong>of</strong> shady<br />
13 activity and they we<strong>re</strong> both awa<strong>re</strong> <strong>of</strong> it. But I can't<br />
14 say for certain and I'm not going to <strong>re</strong>nder a guess.<br />
15 Q. Do you know what time period they became<br />
16 awa<strong>re</strong> that you we<strong>re</strong> involved in shady activity?<br />
17 MR. SALIM: Form.<br />
18 MR. PHILLIPS: Objection to the form.<br />
19 THE WITNESS: It was fairly early on in our<br />
20 actual friendship. The<strong>re</strong> we<strong>re</strong> things that we<br />
21 discussed that we<strong>re</strong> not aboveboard. I think we all<br />
22 <strong>re</strong>alized that we all qualified as "players" in each<br />
23 other's eyes on a variety <strong>of</strong> diffe<strong>re</strong>nt levels. So I<br />
24 spoke mo<strong>re</strong> f<strong>re</strong>ely with them than I might have<br />
25 otherwise.
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