EFTA00725165.pdf

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA Complex Litigation, Fla. IL Civ. P. 1.201 Case No. 50 2009CA040800XVOCMB AG JEFFREY EPSTEIN, Plaintiff, V. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.M., individually, Defendants. I BANKRUPTCY TRUSTEE'S MOTION FOR PROTECTIVE ORDER Pursuant to Rule 1.410, Herbert Stettin, Trustee of the Bankruptcy Estate of Rothstein Rosenfeld Adler, P.A., files this Motion for Protective Order and states: 1. On November 10, 2009, Rothstein Rosenfeld) Adler, P.A. ("RRA") was put into involuntary bankruptcy. That case is pending as In Re Estate of Rothstein Rosenfeld Adler, P,A., On November 20, 2009, Herbert Stettin was appointed Trustee of RRA. On November 30, 2009, an Order for Relief was entered by this Court. 2. On April 16, 2010, Plaintiff caused a subpoena duces tecum to be served on the Trustee for production of documents. A copy of the subpoena duces tecum is annexed hereto as Exhibit A. 3. The Trustee's responsibility under the involuntary bankruptcy filing is to wind- down the business affairs of RRA. In that regard, the Trustee has three (3) people in his employ P4, "R„QER. S INGERMANI v.."" attorneys at law acrd train. ter! Lowder's'. Miami TT 200 South Biscayne Boulevard Suite 1000 Miami, Florida 33131-5308 Telephone 306.766.9600 Facsimile 306.714.4340 EFTA00725165 Complex Litigation, Fla. R. Civ. P. 1.201 and has various professionals whose employment have been approved by the United States Bankruptcy County. 4 . Additionally, Scott Rothstein, who apparently managed the affairs of the law firm, has been criminally charged by the United States of America with various violations of federal law to which he has pled guilty. Associated with those charges, the United States of America seized the law firm's bank accounts. See Exhibit B annexed hereto. 5 . Consequently, the very limited financial resources are primarily devoted to tying to bring money into the estate as opposed to expending money on unrelated third party litigation, such as this one. 6. While the Trustee has indicated in a different lawsuit his willingness to try to product to Mr. Epstein the documents he needs, in order that the Trustee's responsibility for winding-up the affairs of the Estate is not impeded and because of the limited finances available to the Trustee, he requests that the Court order that all costs associated with responding to Mr. Epstein's subpoena daces tecum be borne by Mr. Epstein and that at least 50% of the estimated costs be paid to the Trustee prior to any responsibility for undertaking a search for the documents. 7. The Trustee also requests that the time for responding to the subpoena duces tecum be adjourned until such time as this Court or Mr. Epstein and the Trustee are able to resolve the issues raised in this Motion for Protective Order. Wherefore, for the foregoing reasons, the Trustee requests this Court to grant this motion. E R. SINGERMAN attorneys at law 200 South Biscayne Boulevard Suite 1000 Miami. Florida 33131430a Telephone 30S-76S-960o Facsimile 305.714.4340 Deco Seto Fete Leaderdele Saint T•II•hessee EFTA00725166 Complex Litigation, Fla. R. Civ. P. 1.201 Respectfully submitted, BERGER SINGERMAN Counsel for the Trustee 200 S. Biscayne Blvd. Tenth Floor CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served by U.S. Mail and facsimile on Mr. Robert D. Critton, Jr., 303 Banyan Blvd., Suite 400 West Palm Beach Fl; Mr. Marc Nurik, One East Broward Blvd., Suite 700, Ft. Lauderdale, FL 33301; Mr. Jack Scarola, 2139 Palm Beach Lakes Blvd., West Palm Beach, FL; Mr. Gary Farmer, 425 N. Andrews Ave., Suite 2, Fort Lauderdale, FL 33301 and Mr. Jack Goldberger, 250 Australian Ave. South, Suite 1400, West Palm Beach, FL 33401-5012 this = day of M 010. n 144669EtR. SINGE RM.A N ator eys at law Soca talon Purl Lewd eeeeee Mesabi Tell 200 South Biscayne Boulevard Stine 1000 Miami, Florida 33131-5308 Telephone 305.766.9600 Facsimile 105.714.4300 EFTA00725167 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA JEFFREY EPSTEIN Complex Litigation, Fla. R. Civ. Pro.1201 Plaintiff, Case No. 50 2009CA040800XXXXMB AG v. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.M., individually, Defendants. I SUBPOENA DUCES TECUM FOR DEPOSITION - DOCUMENTS ONLY THE STATE OF FLORIDA TO: Herbert Stettin, Trustee in Bankruptcy for Rothstein Rosenfeldt Adler, PA CIO James C. Cunningham, Jr., Esq. Berger Singerman, P.A. 200 South Biscayne Blvd., Suite 1000 Miami, FL 33131 YOU ARE COMMANDED to appear at Prose Court Reporting, 101 NE 3'd Avenue, Suite #1500, Ft. Lauderdale, FL 33301, on May 19, 2010, 4:00 p.m., bring with you the following: See attached Exhibit A If you fail to appear, you may be in contempt of court. You are subpoenaed by the attorney whose name appears on this subpoena and unless excused from this subpoena by the attorney or the Court, you II respond to this subpoena as directed. DATED this 16th day of April, 2010. BY: CRITTON, JR. ( ttorneys for Defendant Jeffrey Epstein) Burman, Critton, Luttier & Coleman 303 Banyan Blvd., Suite 400 est Palm Beach, FL 33401 . CRITTON, JR., ESQ. For the Court EFTA00725168 EXHIBIT A DEFINITIONS AND INSTRUCTIONS A. "Document" means any written or graphic matter or other means of preserving thought or expression, and all tangible things from which information can be processed or transcribed, including the originals and all non-identical copies, whether different from the original by reason of any notation made on such copy or otherwise, including, but not limited to, correspondence, memoranda, notes, messages, letters, purchase orders, telegrams, teletype, telefax bulletins, e-mails, electronic data, meetings, reports, or other communications, interoffice and intra-office telephone calls, diaries, chronological data, minutes, books, reports, charts, ledgers, invoices, worksheets, receipts, returns, trade information regarding fabric, carpets, samples etc..., computer printouts, prospectuses, financial statements, schedules, affidavits, contracts, cancelled checks, transcripts, statistics, surveys, magazine or newspaper articles, releases (and any and all drafts, alterations and modifications, changes and amendments of any of the foregoing), graphs or aural records or representations of any kind, including, without limitation, photographs, charts, graphs, microfiche, microfilm, video tape, recordings, motion pictures and electronic, mechanical or electric recordings or representations of any kind (including, without limitation, tapes, cassettes, discs and recordings), and including the file and file cover. The term "Document" also means any and all computer records, data, files, directories, electronic mail, and information of whatever kind whether printed out or stored on or retrievable from floppy diskette, compact diskette, magnetic tape, optical or magnetic-optical disk, computer memory, hard drive, zip drive, jaz drive, orb drive, 2 EFTA00725169 microdisk, external memory stick, software, or any other fixed or removable storage media, including without limitation, all back-up copies, dormant or remnant files, and any and all miscellaneous files and/or file fragments, regardless of the media on which they reside and regardless of whether the data consists in an active file, deleted file, or file fragment. B. "Communications" means any oral or written statement, dialogue, colloquialism, discussion, conversation or agreement. C. "Plaintiff means L.M. (L.M. v. Jeffrey Epstein, Palm Beach County Case #502008CA028051)COOME3), E.W. (E. W. v. Jeffrey Epstein, Palm Beach County Case #50200SCA028058XXXXMB), Jane Doe' (Jane Doe v. Jeffrey Epstein, United States District Court Case #08-civ-80893-Marra/Johnson), and any other person who is or was represented by Rothstein Rosenfeldt & Adler that has not yet filed an action against Jeffrey Epstein, and any employee, agent or attorney for any plaintiff and/or any other person acting for or on behalf of any plaintiff, or under her authority and control. D. "RRA" means Rothstein Rosenfeldt & Adler, P.A. E. 'Money" means any tangible thing of value. F. "Costs" include, but are not limited to, court costs, filing fees, Sheriffs service and any other necessary service of legal papers or notices or subpoenas, court reporters' charges, long distance telephone charges, postage, courier services or Federal Express or UPS, investigative costs, photocopies, faxes, Westlaw computerized research, travel expenses, and witness fees and expert witness fees and costs. 1 If you are unable to identify each Plaintiff, please contact Robed D. Critton, Jr. at their names will be provided pursuant to a confidentiality agreement 3 EFTA00725170 G "Trustee" means Herbert Stettin as bankruptcy trustee for RRA. DUCES TECUM2 1. For the time period from March 1, 2009 to present, any and all documents between, or on behalf of RRA, its employees or agents or clients, and any third party regarding a purported settlement of any litigation between Jeffrey Epstein and a RRA client or Plaintiff, or the financing of any litigation between Jeffrey Epstein and a RRA client or Plaintiff, (whether existing clients or fabricated clients), including but not limited to: a. Documents indicating that litigation with Jeffrey Epstein has been settled; b. Soliciting or receiving money in return for settlement funds allegedly paid or to be paid by Jeffrey Epstein; c. Soliciting money to help finance ongoing litigation against Jeffrey Epstein; d. Soliciting money to be given to, or used on behalf of, the Plaintiffs in litigation against Jeffrey Epstein; e. Communication between third party investors or potential investors and the Plaintiffs or their attorneys involved in litigation against Jeffrey Epstein; f. Payments made by RRA to or on behalf of any Plaintiff. 2. Any and all fee agreements that exist or have existed between the following: a. Any Plaintiff and Bradley J. Edwards or any entity with which he has been associated; b. Any Plaintiff and the law firm RRA. 3. All emails, data, correspondence, memos, or similar documents between Bradley J. Edwards, Scott W. Rothstein, William Berger and Russell Adler and/or any attorney or representative of RRA and any investor or third party (person or entity) regarding Jeffrey Epstein or which mentions Jeffrey Epstein (including Mike Fisten, Kenneth Jenne, Patrick Roberts or Rick (Rich) Fandrey). 4. All emails, data, correspondence, memos, or similar documents between Bradley J. Edwards, Scott W. Rothstein, and/or any attorney or representative of RRA regarding Jeffrey Epstein or which mentions Jeffrey Epstein (including Mike Fisten, Kenneth Jenne, Patrick Roberts or Rick (Rich) Fandrey). Due to the potential volume of documents involved, the parties and the Court should consider appointment of a special master and/or an in camera inspection to address any objections, claims of privilege and generally manage the production of documents. 4 EFTA00725171 5. All agreements or documents of any nature which were provided to or received from an investor or potential investor relating to any case (real or fabricated) involving Jeffrey Epstein and any of the following: a. Scott W. Rothstein; b. Bradley J. Edwards; c. RRA; e. any entity formed by RRA or Bradley J. Edwards or Scott W. Rothstein to create investment opportunities for third party investors to invest in any plaintiff's case against Jeffrey Epstein. 6. All fee sharing agreements between Bradley J. Edwards, RRA, or Scott W. Rothstein and/or any other attorney or investor relating to any aspect of any Plaintiff's case. 7. All documents made available to any investor or potential investor by Bradley J. Edwards, RRA, Scott W. Rothstein or any of Scott W. Rothstein's entities to solicit "investors" for any case involving Jeffrey Epstein. 8. All document reflecting the names and addresses of all individuals or entities who invested or purported to invest in any aspect of any case against Jeffrey Epstein. 9. All documents evidencing payment of any bill or cost in each Plaintiffs case against Jeffrey Epstein, and the source(s) for said payments of any Costs. 10. All documents wherein the Trustee of RRA has asserted a lien for attorney's fees or Costs arising out of work done and Costs incurred related to the Plaintiffs' cases during the time Plaintiffs' cases were represented by RRA. 11. All documents and tangible things retrieved from the trash at 358 El Brillo Way, Palm Beach, Florida which is alleged to be the home of Jeffrey Epstein. 12. All conversations recorded from any telephones which purported to be that of Jeffrey Epstein that are contained in any media (audio tapes, CDs, DVDs, zip drives, hard drives or any other electronic format and any written transcriptions) 13. All conversations recorded from any telephones which purported to be from Jeffrey Epstein's attorneys including Roy Black, Alan Dershowitz or Jack Goldberger, that are contained in any media (audio tapes, CDs, DVDs, zip drives, hard drives or any other electronic format and any written transcriptions) 14. All intercepted phone conversations authorized by RRA including but not limited to any one of its attorneys or investigators or anyone retained by or working for RRA related to Jeffrey Epstein that are contained in any media (audio tapes, CDs, 5 EFTA00725172 DVDs, zip drives, hard drives or any other electronic format and any written transcriptions). 15. All intercepted or acquired electronic mail (e-mails) to and from Jeffrey Epstein authorized by RRA including but not limited to any one of its attorneys or investigators or anyone retained by or working for RRA. 16. All intercepted or acquired electronic mail (e-mails) to and from the attorneys for Jeffrey Epstein including but not limited to: Roy Black, Alan Dershowitz or Jack Goldberger, authorized by RRA including but not limited to any one of its attorneys or investigators or anyone retained by or working for RRA. 17. All documents related to the amount of Costs that were incurred by RRA in its representation of Jane Doe, L.M. and E.W. and is claiming or has claimed 18. All documents which purport to evidence any transfer of funds or property from Jeffrey Epstein to RRA, Rothstein or any Rothstein-related entity for the settlement of any case (real or fabricated) against Jeffrey Epstein. 19. All documents which purport to mention any transfer of funders or property from Jeffrey Epstein to RRA, Rothstein or any Rothstein-related entity for the settlement of any case (real or fabricated) against Jeffrey Epstein. 20. All documents relating to any investment, joint-venture or business enterprise involving RRA, Rothstein or a Rothstein-related entity that reference any claim (real or fabricated) against Epstein. 21. All emails exchanged between any of the following individuals wherein Epstein, a Palm Beach billionaire or similar reference was mentioned: a. Scott Rothstein b. Russell Adler c. William Berger d. Michael Fisten e. Kenneth Jenne f. David Boden g. Deborah Villegas h. Andrew Barnett i. Patrick Rocberts j. Richard (Rick) Fandry k. Christina Kitterman I. Brad Edwards 22. All documents related to or referencing potential deponents in the Jane Doe, L.M. or E.W. cases. 6 EFTA00725173 23. All Q-Task "Projects" that refer to Jeffrey Epstein. 24. All Q-Task Projects that refer to L.M., E.W., or Jane Doe. 25. All documents that identify all individuals who were granted access (invited guests) or who had access to the Q-Task Projects referred to in request nos. 23 and 24. 26. All documents, communications and letters sent by you assessing liens against the recoveries in: a. L.M. v. Epstein Case No. 502008CA028051XXXXMB b. E.W. v. Epstein, Case No. 502008CA028058XXXXMB c. Jane Doe v. Epstein. Case No. 08-CV-80119-MARRA/JOHNSON 27. All documents related to the Costs that you, as bankruptcy Trustee, are claiming related to L.M., E.W. and Jane Doe's cases against Epstein. This includes any data or electronic printout of Costs which the Trustee of RRA is claiming. 28. Any employment agreements or letters describing compensation and benefits for Bradley Edwards during his employment with RRA. 29. All documents from the "Fortress" software program that refer or relate to Jeffrey Epstein. 30. All documents from the "Fortress" software program that refer or relate to L.M., E.W., or Jane Doe. 31. For the time period April 1, 2009 through November 5, 2009, all emails to and from any employee, partner, shareholder, attorney, agent or client of RRA that reference any of the following: a. A.J. DiScala; b. D3 Capital Club, LLC c. Bill Clinton; d. Alan Dershowitz; e. David Copperfield; f. Kevin Spacey; g. Chris Tucker; h. Prince Andrew i. Jean-Luc Brunel; j. Tommy Motolla; k. Bill Richardson; I. Donald Trump. 7 EFTA00725174 Case 0:09-cv-61780-WJZ Document 25 Entered on FLSD Docket 12/17(2009 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-61 780-CIV-ZLOCH/ROSENBAUM UNITED STATES OF AMERICA, Plaintiff, v. VARIOUS REAL PROPERTIES PURCHASED BY OR WITH OR ON BEHALF OF SCOTT W. ROTHSTEIN, SPECIFICALLY: ( I) REAL PROPERTY AND APPURTENANCES, LOCATED AT 2307 CASTILLA ISLE, FORT LAUDERDALE, FLORIDA; (2) REAL PROPERTY AND APPURTENANCES, LOCATED AT 2308 CASTILLA ISLE, FORT LAUDERDALE, FLORIDA; (3) REAL PROPERTY AND APPURTENANCES, LOCATED AT 2316 CASTILLA ISLE, FORT LAUDERDALE, FLORIDA; (4) REAL PROPERTY AND APPURTENANCES, LOCATED AT 30 ISLA BAHIA DRIVE, FORT LAUDERDALE, FLORIDA; (5) REAL PROPERTY AND APPURTENANCES, LOCATED AT 29 ISLA BAHIA DRIVE, FORT LAUDERDALE, FLORIDA; (6) REAL PROPERTY AND APPURTENANCES, LOCATED AT 350 SE 2' STREET, UNIT 2840, FORT LAUDERDALE, FLORIDA; (7) REAL PROPERTY AND APPURTENANCES, LOCATED AT 380 CARRINGTON DRIVE, WESTON, FLORIDA; (8) REAL PROPERTY AND APPURTENANCES, LOCATED AT 2133 IMPERIAL POINT DRIVE, FORT LAUDERDALE, FLORIDA, AND INCLUDING THE FOLLOWING REAL PROPERTIES ("RP"), VEHICLES & VESSELS ("VV"), TANGIBLES (T'), BANK ACCOUNTS ("BA"). BUSINESS EXHIBIT ES EFTA00725175 Case 0:09-cv-61780-WJZ Document 25 Entered on FLSD Docket 12/17/2009 Page 2 of 9 INTERESTS ("BI") AND CONTRIBUTIONS ("C"), SPECIFICALLY: (RP9) REAL PROPERTY AND APPURTENANCES, LOCATED AT 2627 CASTILLA ISLE, FORT LAUDERDALE, FLORIDA; (RPI0) REAL PROPERTY AND APPURTENANCES, LOCATED AT 10630 NW 14' STREET, APT. 110, PLANTATION, FLORIDA; (RP I I) REAL PROPERTY AND APPURTENANCES, LOCATED AT 227 GARDEN COURT, LAUDERDALE BY THE SEA, FLORIDA; (RP I2) REAL PROPERTY AND APPURTENANCES, LOCATED AT 708 SPANGLER BOULEVARD, BAY I, HOLLYWOOD, FLORIDA; (RP13) REAL PROPERTY AND APPURTENANCES, LOCATED AT 1012 EAST BROWARD BOULEVARD, FORT LAUDERDALE, FLORIDA; (RP14) REAL PROPERTY AND APPURTENANCES, LOCATED AT 950 N FEDERAL HIGHWAY, FORT LAUDERDALE, FLORIDA; (RPI5) REAL PROPERTY AND APPURTENANCES, LOCATED AT 350 LAS OLAS BOULEVARD, COMMERCIAL UNIT 2, FORT LAUDERDALE, FLORIDA; (RPI 6) REAL PROPERTY AND APPURTENANCES, LOCATED AT 361 SE 91." LANE, BOCA RATON, FLORIDA; (RP17) REAL PROPERTY AND APPURTENANCES, LOCATED AT 1198 N. OLD DIXIE HIGHWAY, BOCA RATON, FLORIDA; (RP18) REAL PROPERTY AND APPURTENANCES, LOCATED AT 1299 N. FEDERAL HIGHWAY, BOCA RATON, FLORIDA; (RPI9) REAL PROPERTY AND APPURTENANCES, LOCATED AT 151 EAST 58 STREET, APARTMENT 42D, NEW YORK, NEW YORK; (RP20) REAL PROPERTY AND APPURTENANCES, LOCATED AT II BLUFF HILL COVE FARM, EFTA00725176 Case 0:09-cv-61780-WJZ Document 25 Entered on FLSD Docket 12/17/2009 Page 3 of 9 NARRAGANSETT, RHODE ISLAND; (RP2I) REAL PROPERTY AND APPURTENANCES, LOCATED AT 15 BLUFF HILL COVE FARM, NARRAGANSETT, RHODE ISLAND; (VV I ) 1990 RED FERRARI F40 COUPE, VIN: ZFFMN34A51.0087066; (VV2) 2009 WHITE BENTLEY CONVERTIBLE, VIN: SCBDR33W29C059672; (VV3) 2008 YELLOW MCLAREN MERCEDES BENZ SLR, VIN: WDDAK76F98M001788; (VV4) 2007 BLACK LIMOUSINE FORD EXPEDITION, VIN: I FIFK I 5557LA59223; (VV5) 2009 RED FERRARI 430 SPIDER, VIN: ZFFEW59A380I 630 I I; (VV6) 2007 SILVER ROLLS ROYCE CONVERTIBLE, VIN: SCAIL68557UX23044; (VV7) 2006 SILVER HUMMER HI, VIN: I37PH84396E220665; (VV8) 2008 CADILIAC ESCALADE, VIN: 1GYEC63858R234458; (VV9) 1967 RED CONVERTIBLE CORVETTE, VIN: I 94677SI04745; (V V 10)2009 BLACK Buomm VEYRON EB 16.4, VIN: VF9SA25C28M795153; (VV11)2008 BLUE ROLLS ROYCE DROPHEAD CONVERTIBLE, VIN: SCA2D68528UX 16071; (VV12)2006 RED FERRARI F430 SPIDER, VIN: ZFFEW 59A560148863; (VV13) 2008 CHEVROLET CORVETTE, VIN: IGIYY26W485 I 20085; (V V I4) 2009 CHEVROLET CORVETTE 706, VIN: I G I YZ26E995111923; (VV15)2009 BLUE GRAY MASERATI GRANTURISMO COUPE, VIN: ZAMGJ45A090042326; EFTA00725177 Case 0:09-cv-61780-WJZ Document 25 Entered on FLSD Docket 12/17/2009 Page 4 of 9 (VV 16) 2009 WHITE MERCEDES BENZ, VIN: WDBSK71F159F49477; (VV17) 2007 87' WARREN, HULL # WAR87777B707; (VV I 8)33' AQUARP/A, HULL # XFA33R74G405; (VV19) 2009 I I' YAMAHA JET SKI, HULL # YAMA36611809; (VV20) 2009 I I' YAMAHA VS, HULL # YAMA36261809; (VV2 I )2009 I I' YAMAHA VS, HULL #YAMA2679G809; (VV22) 1999 55' SEA RAY 540 SUNDANCER, HULL # SERY001899; (VV23) 2009 YAMAHA JET SKI, HULL # YAMA4288K809. (VV 24) 2010 WHITE LAMBORGHINI LP-670SY, VIN: ZI IWBUSAH XALA03837; (VV25) MERCEDES BENZ S65 VR BYTURBO, VIN: WDDEJ79XX8A015189, FLORIDA TAG RIIV490; (VV26) 2009 RED BMW CONVERTIBLE, VIN: WBALM53529E160836; (VV27) 2009 MERCEDES BENZ SLK 350 CONVERTIBLE, VIN: WDBWK58F I 9F190779; (T1) 304 PIECES OF JEWELRY; (T2) 16 DU PONT LIGHTERS; (T3) 3 PIECES SPORTS MEMORABILIA; (T4) 5271,160 IN UNITED STATES CURRENCY; (T5) $1,500 IN UNITED STATES CURRENCY; (T6) $30,000 IN AMERICAN EXPRESS GIFT CARDS; EFTA00725178 Case 0:09-cv-61780-WJZ Document 25 Entered on FLSD Docket 12/17/2009 Page 5 of 9 (T7) $50,000 IN AMERICAN EXPRESS GIFT CARDS; (T8) 5 ADDITIONAL WATCHES; (T9) GUITAR COLLECTION; (BA1) FIDELITY INVESTMENTS STOCK ACCOUNT, IN THE NAME OF SCOTT W. Rontsrm, VALUED AT APPROXIMATELY $1,263,780; (BA2) GIBRALTAR BANK ACCOUNT 5001008510, IN THE NAME or WA WW 3 LLC, IN THE APPROXIMATE AMOUNT OF $117,032.76; (BA3) GIBRALTAR BANK ACCOUNT 5001009310, IN THE APPROXIMATE AMOUNT OF $53,448.51; (BA4) GIBRALTAR BANK ACCOUNT 5001005310, IN THE APPROXIMATE AMOUNT OF $71,793.06; (BA5) GIBRALTAR BANK ACCOUNT 5001001410, IN THE APPROXIMATE AMOUNT OF $995,521.426; (BA6) BANK POPULAIRE, MOROCCO, BANK ACCOUNT 178780211819923220000187, IN THE NAME OF SCOTT ROTIISTEIN, IN THE APPROXIMATE AMOUNT OF $12,000,000; (BA7) BANK POPULAIRE, MOROCCO, ACCOUNT IN THE NAME OF AHNICK KHALIF), UP TO THE AMOUNT OF $2,000,000; (11A8) BANK POPULAIRE, MOROCCO, ACCOUNT IN THE NAME OF STEVE CAPUTI, UP TO 111E AMOUNT OF $1,000,000; (BID STOCK CERTIFICATES OR BENEFICIAL INTEREST IN 50,000 SHARES OF CAPITAL STOCK IN GIBRALTAR PRIVATE BANK & TRUST; (BI2) SCOTT W. ROTHSTEIN'S EQUITY INTEREST IN QTASK; (813) Scorr W. ROTIISTEIN'S EQUITY INTEREST IN BROWARD BANK OF COMMERCE; (BM) SCOTT W. ROTHSTEIN'S EQUITY INTEREST IN BOVA RISTORANTE; (615) SCOTT W. ROTHSTF.IN'S EQUITY INTEREST IN EFTA00725179 Case 0:09-cv-61780-WJZ Document 25 Entered on FLSD Docket 12/17/2009 Page 6 of 9 BOVA CUCINA; (816) Scorr W. ROTHSTEIN'S EQUITY INTEREST IN BovA PRIME; (B17) SCOTT W. Rams7EAN's EQUITY INTEREST IN CAFE IGUANA, PEMBROKE PINES, FLORIDA; (818) SCOTT W. ROTHSTEIN'S EQUITY INTEREST IN CART SHIELD USA, LLC; (319) SCOTT W. ROTHSTEIN'S EQUITY INTEREST IN RENATO WATCHES; (8110) SCOTT W. ROTHSTEIN'S EQUITY INTEREST IN EDIFY LLC; (III I I ) SCOTT W. ROTHSTEIN'S EQUITY INTEREST IN V GEORGIO VODKA; (B1 12) SCOTT W. Rorms7EIN's EQUITY INTEREST IN SEA CLUB; (BI 13) Sam W. Rams7EIN's EQUITY INTEREST IN NORTH STAR MORTGAGE; (B114) SCOTT W. ROTHSTEIN'S EQUITY INTEREST IN KIP HUNTER MARKETING; (B11 5) SCOTT W. ROTHSTEIN'S EQUITY INTEREST IN RRA SPORTS AND ENTERTAINMENT, LLC; (3116) SCOTT W. ROTHSTEIN'S EQUITY INTEREST IN VERSACE MANSION/CASA CASUARINA, INCLUDING 10 YEAR OPERATING AGREEMENT WITH 2 TEN YEAR OPTIONS; (BI I7) SCOTT W. ROTHSTEIN'S EQUITY INTEREST, AND LICENSING RIGHTS, IN ALTERNATIVE BIOFUEL COMPANY; (BI18) SCOTT W. RantsmiN's EQUITY INTEREST IN RRA GOAL LINE MANAGEMENT; (3119) SCOTT W. ROTHSTEIN'S EQUITY INTEREST IN IRON STREET MANAGEMENT, LLC; (8120) SCOTT W. ROTHSTEIN'S EQUITY INTEREST IN, AND LOAN TO, AFRICAT EQUITY IG DECIDE; (B121) SCOTT W. ROTHSTEIN'S EQUITY INTEREST IN, AND RENTS DERIVED FROM BUCKY'S BBQ, LOCATED EFTA00725180 Case 0:09-cv-61780-WJZ Document 25 Entered on FLSD Docket 12/17/2009 Page 7 of 9 AT 1198 N. OLD DIXIE HIGHWAY, BOCA BATON, FLORIDA; (B122) SCOTT W. ROTHSTEIN'S EQUITY INTEREST IN, AND RENTS DERIVED FROM THE CAR WASH LOCATED AT 1299 FEDERAL HIGHWAY, BOCA RATON, FLORIDA (B123) PROMISSORY NOTE BY UNIGLOBE IN FAVOR OF SCOTT W. ROTHSTEIN; (B124) ALL EQUITY INTEREST HELD BY OR ON BEHALF OF SCOTT W. ROTHSTEIN, IN VARIOUS CORPORATIONS AND ENTITIES; (C I ) $6,000 IN CAMPAIGN CONTRIBUTIONS MADE TO ALEX SINK ;AND VOLUNTARILY OFFERED, AND TURNED OVER, TO THE UNITED STATES ON BEHALF OF ALEX SINK; (C2) $40,000 IN CAMPAIGN CONTRIBUTIONS TO REPUBLICAN PARTY OF FLORIDA, "FLORIDA" ACCOUNT AND VOLUNTARILY OFFERED, AND TURNED OVER, TO 'HIE UNITED STATES BY THE REPUBLICAN PARTY OF FLORIDA, (C3) $10,000 IN CAMPAIGN CONTRIBUTIONS TO REPUBLICAN PARTY OF FLORIDA, "FEDERAL" ACCOUNT AND VOLUNTARILY OFFERED, AND TURNED OVER, TO THE UNITED STATES BY THE REPUBLICAN PARTY OF FLORIDA; (C4) $90,000 IN CAMPAIGN CONTRIBUTIONS TO REPUBLICAN PARTY OF FLORIDA AND VOLUNTARILY OFFERED, AND TURNED OVER, TO THE UNITED STATES BY THE REPUBLICAN PARTY OF FLORIDA; (C5) $5,000 IN CAMPAIGN CONTRIBUTIONS TO REPUBLICAN PARTY OP FLORIDA BY ROTHSTEIN BUSINESS ENTITY KNOWN AS WAWW AND VOLUNTARILY OFFERED, AND TURNED OVER, TO THE UNITED STATES BY THE. REPUBLICAN PARTY OF FLORIDA; (C6) $800,000 CHARITABLE DONATION TO JOE. DIMAGGIO CHILDREN'S HOSPITAL, WHICH HOSPITAL ADVISED THE UNITED STATES OF THE DONATION FROM THE ROTHSTEIN FAMILY FOUNDATION; (C7) $1 ,000,000 CHARITABLE DONATION TO HOLY CROSS HOSPITAL, WHICH HOSPITAL ADVISED THE UNITED STATES OF THE DONATION FROM THE ROTHSTEIN FAMILY FOUNDATION; EFTA00725181 Case 0:09-cv-61780-WJZ Document 25 Entered on FLSD Docket 12/17/2009 Page 8 of 9 (C8) $9,600 IN CAMPAIGN CONTRIBUTIONS TO GOVERNOR CIIARLIE CRIST AND VOLUNTARILY OFFERED, AND TURNED OVER, TO THE UNITED STATES BY THE OFFICE OF CHARLIE CRIST; AND (C9) ALL FUNDS VOLUNTARILY TURNED OVER TO THE UNITED STATES (IRS/FDD SINCE IN OR ABOUT OCTOBER 28,2009 IN RESPONSE. TO PUBLICITY INVOLVING SCOTT W. ROTHSTER4, Defendants. WARRANT OF ARREST IN REM FOR NON-REAL PROPERTIES TO: THE INTERNAL REVENUE SERVICE, THE UNITED STATES MARSHALS OR ANY OTHER AUTHORIZED FEDERAL LAW ENFORCEMENT OFFICER WHEREAS, on November 27, 2009, the United States of America filed an Amended Verified Complaint for Forfeiture in Rem against the above-named defendants, also referred to as "defendant properties," for the violations of law enumerated in said Complaint [DE #191; and WHEREAS, the Court has found that probable cause exists that the defendants are subject to forfeiture; NOW THEREFORE, you are hereby commanded to take the defendants into your possession for safe custody. If the character or situation of the property is such that the taking of actual possession is impracticable, you shall execute this process by affixing a copy thereof to the property in a conspicuous place and/or by leaving a copy of the Amended Verified Complaint and process with the person having possession or his agent. YOU ARE FURTHER commanded to cite and admonish the owner and/or possessor of the defendants, and any person or (Inn known to claim any interest therein, to file in the United States District Court, 400 North Miami Avenue, Miami, Florida 33128-7788, within thirty (35) days EFTA00725182 Case 0:09-cv-61780-WJZ Document 25 Entered on FLSD Docket 12/17/2009 Page 9 of 9 following receipt of this Warrant, a Verified Claim in accordance with Rule G(5), Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, and to therewith or within twenty (20) days thereafter file an Answer or other responsive pleading to the Amended Verified Complaint, a copy of which Complaint you shall supply with this Warrant, and to serve copies of said Claim and Answer upon the United States Attorney, 99 NE 4th Street, Miami, Florida 33132, Attention: Alison W. Lehr, Assistant United States Attorney, and that upon failure of the owner, possessor or any party claiming an interest in the defendant properties to do so, that the defendant properties may then be forfeited to the United States by default and without further notice or hearing. AND YOU ARE FURTHER commanded to make due and prompt return of this Warrant to this Court upon its execution. WITNESS THE HONORABLE WILLIAM J. J. ZLOCH UNITED STATES DISTRICT JUDGE DATE: 4 01/" .0)7 STEVEN LARIMORE, CLERK UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA BY: DEPUTY CLERK EFTA00725183