EFTA00314983.pdf

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Case No. 09-062943 (07) RAZORBACK FUNDING, LLC, et al., Plaintiffs, vs. SCOTT W. ROTHSTEIN, et al., Defendants. DAY 9 - MORNING SESSION DEPOSITION OF SCOTT W. ROTHSTEIN DATE TAKEN: TIME: PLACE: Il Decem 22, 2011 8:37 - 12:00 III. l JamesLawrence King Federal Jul" Building 99 Fourth Street Courtroom 11-3 Miami, Florida 33128 Examination of the witness taken before: Michele L. Savoy, Registered Professional Reporter United Reporting, Inc. 1218 S.E. Third Avenue Fort Lauderdale, Florida 33316 (954) 525-2221 United Reporting, Inc. (954) 525- 2221 21a897ab-f9f1-49aa-8308-21d465585ba5 EFTA00314983 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 241 A I masterminded -- the way you're asking ir, yes, I utilized phony lawsuits to continue to perpetrat, the fraud. Q Phony court orders? A Yes, ma'am. Q Phony settlement agreements? A Yes, ma'am. Q Phony promissory notes? A Yes, ma'am. Q Forged emails? A Yes, ma'am. Q Phony case file documents? A Yes, ma'am. Q Phony flight manifests? A No, we didn't phony up flight manifests. We used -- Q You didn't phony up a flight manifest where you added Bill Clinton and Prince Andrew and young girls' names to a Jeffrey Epstein flight manifest for purposes of showing perspective investors how the settlement system worked and why important people might want confidentiality in exchange for large sums of money to be paid to the plaintiff? A My best recollection is, is we used -- I think I testified to this yesterday or the day before -- we United Reporting, Inc. (954) 525- 2221 21a897abd9O.49sa-8308-21d486686ba6 EFTA00314984 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2412 used real flight manifests during that meeting with the -- Mr. Scherer's clients. And I told them about fake flight manifests. I don't recall that we created one. If you have one, you can show it to me, that would refresh my recollection, but I actually don't recall that being a document that I created. Q Phony bank websites? A Yes. Q Phony bank statements? A Yes. Screen shots. • Phony opinion letters? A Yes. Q Phony audit letters? A Yes. Q Fake legal bills? A Yes. Q Phony court case bonds? A Yes. Q Fake law enforcement investigations? A Yes. Q Phony attorney's fees statements? A Yos. Q Fictitious loans? A Yes. Q And, of course, being a successful con means United Reporting, Inc. (954) 525- 2221 21:1897ab4911-49aa-8308-21d465585baS EFTA00314985 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 22 23 24 25 Page 2461 varied. BY MR. RABIN: Q Okay. I want to break these down into groups and try and get your best recollection as to what you told different people in order to engage them in your scheme. And I want to start first with the people in your law firm. Okay? A Sure. Q All right. Russell Adler, you generally described the fact that he helped you round up other lawyers to provide false verifications that they were either sending business or cases to your firm, correct? A That is one of the things that he did, yes. Q And what was the -- what was it that you told him was the reason why you needed those lawyers? First of all, was it honest or a lie and what was the -- A No, it was honest. Q Okay. And what -- it was honest, what you told him? A I told Mr. Adler -- to the best of my recollection, I told him that we had the hedge funds coming in town and that in order to convince them to continue to do business with us, that I needed these people to lie about the number of cases we had. United Reporting, Inc. (954) 525- 2221 21a897ab490.492.4308-21d466586ba6 EFTA00314986 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2462 Q So, essentially, what you're saying is, you honestly told him aspects of the scheme or he already knew aspects of the scheme and you told him the honest purpose for which you were lining up these lawyers? Is that what you're saying? MR. SCHERER: Object to form. A I don't understand the question but you have -- BY MR. RABIN: Q Let me rephrase it. MR. SCHERER: Objection to form. BY MR. RABIN: Q I don't want you to answer a question you don't understand. Is your -- what you just summarized or just testified to is that you told Adler that you needed these lawyers to provide false information? A I told Adler -- yes, I told Adler I needed these lawyers to lie. Q Okay. David Boden, generally what was David Boden's role? A He was my general counsel, and he ran a sub-Ponzi scheme, as we've come to call it. Q All right. And what was the lie that you told or the honest information that you gave David Boden in United Reporting, Inc. (954) 525- 2221 212897ab-f9ff-49aa-8308-21d465585ba5 EFTA00314987 Page 25C 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 moment, please. I think -- MR. SCHERER: I'm going to object to the question, Sam, unless you can ask the witness to identify who saw him get the cash so he can have a complete answer, since I can't have any more examination. MR. RABIN: I'm happy to ask that question. MR. SCHERER: Thank you. BY MR. RABIN: Q Did you hear Mr. Scherer's question? A I'm sorry, no. Q Who was the person that witnessed you obtain the cash that you claim that you gave to Mr. Weintraub? MR. LAVECCHIO: Objection -- MR. RABIN: So much for your question. MR. SCHERER: Take all the joy out of this. MR. LICHTMAN: That seemed like a perfect way to end the transcript. BY MR. RABIN: Q One other area, just real fast, two questions. You remember the Kroll project you discussed with Ken Jenne? United Reporting, Inc. (954) 525- 2221 218897a049It49aa-8308-21d465585ba5 EFTA00314988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2509 A I don't. Q All right. Did Ken Jenne ever propose to you starting a business similar to Kroll's? A Yes. Q . And what he -- what -- explain that to us, what he was purposing in that. A We were hiring a lot of retired law enforcement at the time, former AST agents, FBI agents, IRS agents, and he wanted to put together something to rival Kroll. Q And did that go beyond any discussions? A Other than him and I hiring people to kind of get it started up, no. Q And did Ken Jenne have any role in your illegal activities? A No, sir. Q Other than, perhaps, that one occasion where he carried boxes -- the Epstein boxes into your office that people are claiming that he did? A No, sir. He had no involvement. MR. RABIN: I'm going to cede the balance of my time to Mr. Rasco. United Reporting, Inc. (954) 525- 2221 21a897a0M-49aa-8308-21d465686ba6 EFTA00314989