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[13 14 15 16 17 118 1 2 3 4 5 6 7 8 9 ae Ld 12 43 14 15 address from your firm; is that correct? A. Yes. Q. And were you filing any cases back in 2009 in federal court? Do you remember how PACER works? MR. SCAROLA: Which question would like answered? THE WITNESS: |] don't remember. MR. SCAROLA: Objection, compound. BY MS. HADDAD: Q. Do you remember how PACER worked when you were filing a case, Scott? A. ] actually never actually did the actual electronic filing procedure. ] had people that did that. ] knew that we could file electronically. Q. Do you know the purpose of your using your e-mail address when you were filing electronically in federal court? A. |] guess so you can get a receipt, but J have no idea. Q. Did you ever receive an e-mail] from federal court in your e-mail address that showed that a document had been filed with the stamps that you see on the top of that one? ~ MR. SCAROLA: Counsel, are you attempting -- ee ee ENS ETS eS NOAH ETGREREUATEEN OrAnaA OB WN FP ea Wn Ue NE nt So He aN RO MR NM NM MH Om & WN FE co REN Page 66: a ea am aie ee THE WITNESS: I don't know one way or the other. MR. SCAROLA: Are you attempting to establish that that complaint was filed in federal court by Brad Edwards? MS. HADDAD: I'm asking him if he recalls the way it's drafted and why. MR. SCAROLA: Just ask your question. MS. HADDAD: I'm asking a question. If you have any objection, please Jay it on the record. MR. SCAROLA: No, what J want to do is try to save some time. If what you are trying to establish is that Brad filed the complaint in federal court on July 24th and used the PACER system, you don't need to ask any more questions about that, it happened. MR. GOLDBERGER: We appreciate that, but when we depose you we'll ask you that question. But we are deposing Rothstein right now so Jet her ask her questions. Don't do this speaking stuff, let her ask the questions, okay? MR. SCAROLA: Maybe. MR. GOLDBERGER: Okay. Go ahead, Tonja. BY MS. HADDAD: Q. Scott, did you ever get e-mails like that rane esr Ry SS Oe RAEN SSS ST ERE RHPA SDR RTT SS ATMS HU from federal court? A. I'm certain] did, Tonja. 1 don't have a specific recollection of getting the one pertaining to this. ] don't even know if they sent it to me. | would imagine they'd send it back to Mr. Edwards. Q. The filing attorney? A. I suspect, unless the PACER system is registered on my name, then maybe it comes to me, but ] am completely guessing. Q. But based upon the e-mail communications of July 22nd and the meeting occurring on July 23rd, this complaint was filed the day of this meeting; is that correct? A. Okay. But here is the problem with your question, ] don't remember whether or not there actually was a meeting. | said there may have been, and J don't have an independent recollection of this being filed. ] do not have an independent recollection of whether J told someone to file this. And for the life of me, this ] am certain of, if] told Mr. Edwards to file a complaint in federa] court, if there wasn't a legitimate reason for him to do it, he wouldn't have done it. Q. Do you recall if this federal case was filed when you decided to use the case for your Ponzi scheme Page 68 and show it to your investors? A. It may have been filed around that time, because I haven't been abie to establish the exact time. It also certainly may have been utilized by me to further the Ponzi scheme. Also, ] don't have an independent recollection of that either. Without seeing e-mail traffic, ] can't tell you one way or the other exactly what was going on at that time. Q. Well, then I'll point you to another e-mail which is marked as EP 001. MR. EDWARDS: Let me see it. MS. HADDAD: I sent a copy to your office. MR. SCAROLA: He would like to see a copy now. Thank you. {The E-mail referred to was marked for identification as Defendant's Exhibit 2.] BY MS. HADDAD: Q. Were you able to find it, Scott? A. Got it. Yes, ] have it. Q. You have it, okay. You said Cara Holmes used to be an FBI agent, correct? MR. SCAROLA: No. What he said is -- THE WITNESS: FBI or IRS. Page 69 18 (Pages 66 to 69) FRIEDMAN, LOMBARDI & OLSON 305-371-6677 5ed93085-0554-447f-bcdd-ca2d8fe941 df HOUSE_OVERSIGHT_017507