2011-12-22 Rothstein Scott AM

21a897ab-f9ff-49aa-8308-21d465585ba5

(954) 525- 2221United Reporting, Inc.

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: December 22, 2011 TIME: 8:37 a.m. - 12:00 p.m. PLACE: James Lawrence King Federal Justice Building 99 N.E. 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

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1 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR

2 BROWARD COUNTY, FLORIDA

3 ____________________________________________________ Case No. 10-24110 CACE(19)

4EDWARD J. MORSE and CAROL A. MORSE,

5 and MORSE OPERATIONS, INC.

6 Plaintiffs,

7 vs.

8 SCOTT W. ROTHSTEIN, et al.,

9 Defendants._____________________________________________________

10 Case No. 11-CV-61688-JIC/LSS

11 AMY ADAMS, et. al,

12 Plaintiffs,vs.

13SCOTT W. ROTHSTEIN, TD BANK, N.A. and GIBRALTAR

14 PRIVATE BANK AND TRUST COMPANY,

15 Defendants.

16 _____________________________________________________

17 10-03767-RBR Stettin v. Gibraltar Private Bank & Trust Co.

1810-03802-RBR Stettin v. Centurion Structured

19 Growth, LLC, et al

20 11-02368-RBR Stettin v. TD Bank, N.A.

21 11-02288-RBR Stettin v. Fidelity Charitable Gift Fund

22 11-02473-RBR Stettin v. Regent Capital Partners, LLC, et al

2311-02604-RBR Stettin v. Maple Leaf Drilling

24 Partners, et al

25 11-02605-RBR Stettin v. Don King Productions, Inc.

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1 (Counsel appearing on the foregoing appearance pages reflect counsel that attended at least one day during

2 the deposition. It does not reflect their appearance each and every session.)

3

4 APPEARANCES FOR SCOTT ROTHSTEIN:

5 LAW OFFICE OF MARC S. NURIK 1 East Broward Boulevard

6 Suite 700 Fort Lauderdale, Florida 33301

7 BY: MARC S. NURIK, ESQUIRE

8APPEARANCES FOR THE CHAPTER 11 TRUSTEE,

9 HERBERT STETTIN:

10 BERGER SINGERMAN 350 East Las Olas Boulevard

11 Suite 1000 Fort Lauderdale, Florida 33301

12 BY: CHARLES H. LICHTMAN, ESQUIRE and

13 GENOVESE, JOBLOVE & BATTISTA, P.A. 100 S.E. 2nd Street

14 Suite 4400 Miami, Florida 33131

15 By: JOHN. H. GENOVESE, ESQUIRE DAVID C. CIMO, ESQUIRE

16 THERESA M.B. VAN VLIET, ESQUIRE JESUS SUAREZ, ESQUIRE

17

18 APPEARANCES FOR RAZORBACK:

19 CONRAD & SCHERER, LLP 633 South Federal Highway

20 Eighth Floor Fort Lauderdale, Florida 33302

21 By: WILLIAM R. SCHERER, ESQUIRE ERIC RAYMAN, ESQUIRE

22 IVAN J. KOPAS, ESQUIRE and

23 KOZYAK, TROPIN & THROCKMORTON, P.A. 2525 Ponce de Leon Boulevard

24 Ninth Floor Coral Gables, Florida 33134

25 By: HARLEY S. TROPIN, ESQUIRE

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1 APPEARANCES FOR PLATINUM PARTNERS VALUE ARBITRAGE CENTURION STRUCTURED GROWTH, LLC:

2 GOLDSTEIN, TANEN & TRENCH, P.A.

3 One Biscayne Tower, Suite 3700 Two South Biscayne Boulevard

4 Miami, Florida 33131 By: SUSAN E. TRENCH, ESQUIRE

5

6APPEARANCES FOR THE COMMITTEE OF

7 UNSECURED CREDITORS:

8 AKERMAN, SENTERFITT One Southeast Third Avenue

9 25th Floor Miami, Florida 33131-1704

10 By: MICHAEL GOLDBERG, ESQUIRE JONATHAN S. ROBBINS, ESQUIRE

11

12 APPEARANCES FOR TD BANK:

13 GREENBERG TRAURIG, P.A. 401 E Las Olas Blvd Ste 2000

14 Fort Lauderdale, Florida 33301 By: HOLLY SKOLNICK, ESQUIRE

15 DONNA EVANS, ESQUIRE MARK SCHNAPP, ESQUIRE

16

17 APPEARANCES FOR RLI ZURICH INSURANCE COMPANY, COLUMBIA INC. & ZURICH INSURANCE:

18 CLAUSIN MILLER

19 One Chase Manhattan Plaza 39th Floor

20 New York, New York 10005 BY: SCOTT L. SCHMOOKLER, ESQUIRE

21

22

23

24

25

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1 APPEARANCES FOR FEDERAL INSURANCE COMPANY:

2 ALEX HOFRICHTER, P.A 1430 South Dixie Highway

3 Suite 204 Coral Gables, Florida 331463127

4 By: ALEX HOFRICHTER, ESQUIRE

5APPEARANCES FOR MORSES:

6 TRIPP SCOTT, P.A.

7 110 S.E. Sixth Street,15th Floor Fort Lauderdale, Florida 33301

8 By: GEORGE WALKER, ESQUIRE JOHN M. MULLIN, ESQUIRE

9 and LAW OFFICES OF ROBERTA DEUTSCH

10 2499 Glades Road Suite 110

11 Boca Raton, Florida 33431 By: ROBERTA M. DEUTSCH, ESQUIRE

12

13 APPEARANCES FOR EMESS CAPITAL, LLC:

14 KLUGER KAPLAN SILVERMAN, KATZEN & LEVINE, PL 201 S Biscayne Blvd Fl 17

15 Miami, Florida 33131 BY: CASEY H. CUSICK, ESQUIRE

16

17 APPEARANCES FOR ST. PAUL FIRE & MARINE:

18 MILLS PASKERT DIVERS P.A. 100 N Tampa St Ste 2010

19 Tampa, Florida 33602 BY: JOHN A. BLACK, JR., ESQUIRE

20

21 APPEARANCES FOR ROSANNE CARETSKY:

22 BILLING COCHRAN LYLES 515 E Las Olas Blvd

23 Floor Six Fort Lauderdale, Florida 333012296

24 By: DAN GELBER, ESQUIRE TUCKER CRAIG, ESQUIRE

25

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1 APPEARANCES FOR PLATINUM & CENTURION:

2 CURTIS, MALLET-PREVOST, COLT & MOSLE, LLP 101 Park Avenue

3 New York, NY 10178-0061 By: GABRIEL HERTZBERG, ESQUIRE

4 ELIOT LAUER, ESQUIRE

5APPEARANCES FOR MURRAY HUBERFELD, DAVID BODNER & MARK

6 NORDLICHT:

7 By: HARVEY WERBLOWSKY, ESQUIRE

8APPEARANCES FOR FEPICT, MS GROUP:

9 NYSTROM, BECKMAN & PARIS

10 One Marina Park Dr., 15th Flr. Boston, MA 02210

11 By: JACK SEIGAL, ESQUIRE

12APPEARANCES FOR MICHAEL SZAFRANKSI:

13 LYDECKER, DIAZ

14 1221 Brickell Avenue Floor 19

15 Miami, Florida 33131 BY: CHRISTOPHER G. BERGA, ESQUIRE

16 MIGUEL J. CHAMORRO, ESQUIRE

17APPEARANCES FOR GIBRALTAR:

18 STEARNS WEAVER MILLER, et al.

19 150 W Flagler St Ste 2200 Miami, Florida 331301545

20 BY: MARY BARZEE-FLORES, ESQ. MATTHEW DATES, ESQUIRE

21

22 APPEARANCES FOR FRANK PREVE:

23 PODHURST ORSEK 25 W Flagler St Ste 800

24 Miami, Florida 331301720 BY: RAMON A. RASCO, ESQUIRE

25

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1 APPEARANCES FOR LEVINSON PEARSON & ASSOCIATES, WATCH U-WANT, INC.:

2 KOPELOWITZ OSTROW

3 200 SW 1st Ave Ste 1200 Fort Lauderdale, Florida 33301

4 By: BART A. HOUSTON, ESQUIRE JAN ATLAS, ESQUIRE

5

6 APPEARANCES FOR THE US GOVERNMENT:

7 U.S. DEPARTMENT OF JUSTICE UNITED STATES ATTORNEY'S OFFICE

8 500 E. Broward Blvd., Ste. 700 Ft. Lauderdale, Florida 33394

9 BY: CYNTHIA STONE, ESQUIRE

10APPEARANCES FOR FRANK SPINOSA:

11 SCHLESINGER AND COTZEN, P.L.

12 799 Brickell Plz Ste 700 Miami, Florida 33131

13 BY: MICHAEL J. SCHLESINGER, ESQUIRE and MICHAEL COTZEN, ESQUIRE

14 and SAMUEL J. RABIN, ESQUIRE

15 799 Brickell Plaza Suite 606

16 Miami, Florida 33131

17

18

19

20

21

22

23

24

25

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1 INDEX

2 CONTINUED DEPOSITION OF SCOTT W. ROTHSTEIN

3 DIRECT FURTHER DIRECT

4 Mr. Rasco 2356Ms. Barzee-Flores 2393

5 Mr. Rabin 2458

6 Mr. Rasco 2510

7

8 CERTIFICATE OF OATH 2516CERTIFICATE OF REPORTER 2517

9

10 PREVE'S EXHIBIT INDEX

11 NO. DESCRIPTION PAGE NO272 FP112310-0143388/1 2368

12 273 FP112310-0134610/1 2393274 FP112310-0145380/1 2393

13

14

15

16

17

18

19

20

21

22

23

24

25

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1 Thereupon, the following proceedings were had:

2 MR. RASCO: Ready to go?

3 THE WITNESS: I'm ready.

4 You represent who again?

5 MR. RASCO: I represent Frank Preve.

6 MR. CUSICK: Counsel, before you begin,

7 I'm just going to put an objection on the

8 record.

9 On behalf of Emess Capital, as to not

10 being permitted time in this deposition to

11 depose Mr. Rothstein, I object to the counsel

12 for the trustee's violation of the protocol

13 orders, an order permitting Emess to depose

14 Mr. Rothstein at this deposition by trying to

15 shut us out of the deposition.

16 THE COURT REPORTER: I'm having trouble

17 hearing you, sir. Maybe you move closer.

18 MR. CUSICK: We object to counsel for the

19 trustee's violation of the various protocol

20 orders in trying to shut us out of the

21 deposition by refusing us time to depose Mr.

22 Rothstein, by failing to timely send over his

23 exhibits, in accordance with the protocol

24 orders.

25 On the same basis, we move to strike the

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1 testimony taken by the Trustee and also the

2 testimony taken by TD Bank, based upon the

3 inability to cross-examine Mr. Rothstein as to

4 that testimony, also the failure to abide by

5 the court order by sending over exhibits

6 timely.

7 We reserve the right to depose

8 Mr. Rothstein at a future date, and we reserve

9 all rights against the Trustee and TD Bank.

10 We further object on behalf of all other

11 entities which are represented by the Law Firm

12 of Kluger Kaplan to the extent that the

13 Trustee served notices of taking deposition

14 that were filed in those cases prior to those

15 entities being served with the complaint; and

16 we move to strike those notices of taking

17 deposition.

18 Thank you very much. Sorry to eat into

19 your time.

20 MR. LICHTMAN: Let the record reflect in

21 the underlying Rothstein, Rosenfeldt & Adler

22 case pending before Judge Cohn, as well as in

23 the protocol orders, neither of them afforded

24 Emess Capital any entitlement whatsoever to

25 take or participate in the questioning of

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1 Mr. Rothstein. It was a tightly negotiated

2 order; and, indeed, Emess came late to the

3 table, and as we have told Emess, and numerous

4 other parties, we are hopeful that there will

5 be another round of discrete depositions that

6 don't focus on what we call "the big case" or

7 the other two limited depositions that are

8 commencing today. So I think that the

9 objections are all completely frivolous and

10 baseless and in bad faith.

11 MR. CUSICK: Also let the record reflect

12 that prior to the first date of the

13 deposition, the Court entered an order

14 permitting Emess to depose Mr. Rothstein and

15 that we were not privy to any discussions

16 concerning the protocols that the depositions

17 and --

18 COURT REPORTER: I can't hear you, sir.

19 MR. SCHLESIGNER: Guys, we can do all

20 this during lunch time.

21 MR. LICHTMAN: We can put this on the

22 record later. Let's get going.

23 Whereupon,

24 SCOTT W. ROTHSTEIN,

25 acknowledged having been duly sworn to tell the truth

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1 and testified upon his oath as follows:

2 THE WITNESS: I do.

3 MR. NURIK: Counsel, did you send me the

4 documents?

5 MR. RASCO: No. I only have very limited

6 exhibits. I'll bring them up to you -- well,

7 actually, you know what, I'll bring them to

8 you right now. I only have a few, and I'm

9 probably not going to use them. I apologize,

10 Mr. Nurik. Here you go.

11 MR. NURIK: Thank you.

12 MR. RASCO: And I'm not going to even get

13 into those just yet.

14 FURTHER DIRECT EXAMINATION

15 BY MR. RASCO:

16 Q Mr. Rothstein, my name is Ray Rasco. I

17 represent Frank Preve.

18 I, again, state for the record that we don't

19 feel that this is sufficient time to fully depose you

20 based on the amount of contact between you and Frank

21 Preve by email, 7,000 emails, and the seriousness of the

22 statements you have been making in your testimony

23 regarding Mr. Preve over the past eight days.

24 I just want to try and, with the limited time

25 that I have, clarify some of the issues that we

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1 discussed on Monday when I first spoke with you about

2 Mr. Preve.

3 The first thing that I want to ask is, you

4 said yesterday in your testimony that one of the things

5 that you learned in this massive crime was that you

6 would keep your co-conspirators in the dark as to who

7 the other co-conspirators were.

8 Does that apply to Mr. Preve?

9 A To a certain extent.

10 Q Can you explain that a little bit more?

11 A People on the -- what I'll call "outer

12 circle," people who were doing very specific things,

13 were isolated from other co-conspirators.

14 I'll give you an example. Frank Preve had a

15 very limited purpose for me. I didn't explain to do him

16 what we were doing; I told him what needed to be done.

17 He did it.

18 I did not ever sit down with Frank and tell

19 him Deb knows what's going on. I did not sit down with

20 Frank and tell him David Boden knows what's going on.

21 That's not the way it worked. Okay.

22 With other people, a guy like Mr. Preve, okay,

23 there was need for him to know about certain people; but

24 there was also need, because I knew he was also having

25 conversations with other people and I didn't now -- you

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1 know, it's not like I knew this man for two decade,

2 okay, I tried to limit, as best as I could, given all

3 the vagaries of a crime of this size, people's knowledge

4 to what they needed to know. I didn't always succeed.

5 Q Well, would that apply to Mr. Preve? You

6 tried to limit his knowledge; is that fair to say?

7 A On certain issues, yes; and the unique thing

8 about Mr. Preve is, is his knowledge grew over time.

9 You can tell by his emails. If read his email traffic,

10 you know it's clear that there was a point in time where

11 he really didn't know what was going on; and there's a

12 point in time where he is clearly committing fraud after

13 fraud after fraud.

14 Q And that's based on some of the indicators

15 that you discussed with me on Monday, from his email

16 traffic, as well as certain conversations, for example,

17 that you had with Frank Preve?

18 A You'd have to be more specific with me. I

19 can't remember every word I said on Monday. I'd have to

20 sit and read the transcript.

21 Q Okay. Well, let me ask you this, then: The

22 point at which he began to commit fraud, in your words

23 just this morning, when was that?

24 A You'd have to lay all the email traffic out in

25 front of me, and I would be able to give you an estimate

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1 of the date.

2 Q Would it go back to December of 2008 or would

3 it be later, if you recall?

4 A By December of 2008, he was involved.

5 Q By December of 2008 he was involved in what

6 way?

7 A I don't recall. Again, I'd have to see all

8 the email traffic.

9 Q Okay. What was his role? You said yesterday

10 that you tried to limit each co-conspirator's role in

11 the crime; can you explain what you limited Frank's role

12 to be?

13 A I'll have to look at all the email traffic.

14 Q Okay. Okay.

15 A He was in command of a major feeder fund.

16 Q Okay. Was he aware of any other

17 co-conspirators?

18 A To a limited extent, yes.

19 Would you like me to explain?

20 Q Yes, please.

21 A Okay. Let's use -- let's use Jack Simony, as

22 an example.

23 Okay. Jack's involvement was simply, whether

24 he knew there was a fraud going on or not, to lie to our

25 upcoming investor. Frank knew we needed Jack to lie. I

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1 knew we needed Jack to lie, and Jack knew he had to lie.

2 That's all Jack, to my knowledge, knew. He may have had

3 other conversations with Frank about what was really

4 going on; I don't know. That's what he was limited to.

5 If you read emails about -- between me and

6 Frank about John Harris, you'll see there are multiple

7 emails from Frank telling me to get control of John,

8 that he was creating problems.

9 So Frank knew that John was doing things for

10 me that were illegal. We had discussed it. The extent

11 of it, I didn't get into it anymore than I needed to.

12 The auditor, Tracy Weintraub, is probably one

13 of the best examples. Frank knew that Tracy was in my

14 pocket. Frank, knowing that, prepared phony

15 balance-sheet audit statements for me, instructed me to

16 scribble on them to make them look like they were

17 real -- and this is all documented in email, okay -- and

18 then to forward them to Tracy.

19 There were other times when Tracy sent in

20 questions. Frank would tell me, in email traffic, that

21 we can't answer these questions, that I needed to rein

22 Tracy in, that I needed to get control of him.

23 Those are examples of control of certain

24 people, control of the flow of information.

25 Q Well, just going to John Harris, I don't

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1 recall seeing any emails with respect to Mr. Preve

2 asking to you rein John Harris in; but I do recall the

3 email that we discussed on Monday, which is the email

4 where he discussed where there was a $20-million trust

5 balance in -- for Banyan at Gibraltar Bank.

6 Do you recall that discussion?

7 A Who indicated there was a $20-million trust

8 balance?

9 Q Mr. Preve emailed John Harris stating --

10 asking for a line of credit requests, enclosing

11 documents, and saying that this was based on a

12 $21-million trust account that they had, trust account,

13 or trust proceeds that they had at Gibraltar that --

14 A I recall something -- I didn't mean to cut you

15 off. Sorry.

16 Q -- that they were seeking a line of credit?

17 A I remember them seeking a line of credit. I

18 remember there being an issue about the trust balance.

19 I remember Frank being aware, through Mr. Harris, that

20 the money was not there.

21 I don't recall the other specifics of it.

22 You'd have to show me the email traffic around that

23 event.

24 Q Do you recall emailing Mr. Preve and asking

25 him not to further seek a line of credit at Gibraltar

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1 because John Harris was asking you for settlement

2 documentation?

3 A It's certainly possible. I don't have a

4 specific recollection of it, but it sounds like

5 something I would do.

6 Q Okay. Moving to Tracy Weintraub, there is the

7 packet of emails that I just handed Mr. Nurik. There is

8 one that's dated January 15th, 2009, 11:05 a.m., and

9 it's Bate number FP 112310-0143388/1.

10 Your email to him -- it begins with your email

11 to him stating: Why is Tracy Weintraub asking for

12 banking data from me, re: Banyan, for your audit. I

13 cannot give him anything from my records, nada, zero,

14 zippo. My law firm's records have nothing to do Banyan

15 and audited financials, other than causing a massive

16 explosion that might -- et cetera, et cetera.

17 And that is --

18 A That's not bad. It says "burn my wee-wee."

19 It's -- actually, it's not only funny, but it's also

20 clear that Frank and I know that: Okay, we want to have

21 as little information floating around as possible

22 because the more information that floats, the more

23 information that is passed between parties, the more

24 likely we will have a detection.

25 Q If Frank knew that, then why does he have over

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1 7,000 emails between you and him? I mean, if Frank knew

2 that, there is -- he is --

3 A Well, I understand what you're asking me.

4 MR. SCHERER: Object to form.

5 THE WITNESS: I'm sorry?

6 MR. SCHERER: I just put an objection to

7 form.

8 A You really have to ask your client, because if

9 you recall my earlier testimony over the last eight

10 days, I was amazed at the level of inculpatory things

11 that Frank would write to me on a regular basis, I mean,

12 right down to the end where he said to me, if he doesn't

13 hear from me, we're going to assume we're on our own.

14 Do you expect us to just sit around and wait to be

15 incarcerated, talking about money missing, talking about

16 the fact that he's given me $25 million without any

17 paper; I mean, one illegal activity after another.

18 You are going to have to ask him why there is

19 so much email traffic.

20 Q Well, I mean, why would he put so much into

21 email and seek so much information from you and seek so

22 much information from third parties, if he was in on the

23 fraud?

24 A You would have to ask him that question; I

25 would be guessing.

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1 Q And if he knew how much money you were making

2 and if he was in on the fraud, why didn't he make so

3 much money? Why didn't he have the same financial

4 results that you had?

5 A I was always --


7 A I was under the impression, and this just my

8 opinion, that he was making plenty of money.

9 BY MR. RASCO:

10 Q Making plenty of money through Banyan, you

11 mean?

12 A Him, George, other deals, yes, he seemed, to

13 me, to be very well financially situated, and he

14 benefited from our crime.

15 Q Okay. Going back to the email that we were

16 just discussing about Tracy Weintraub, the -- Frank

17 responds to that email to January 15th, 2009, at

18 11:00 a.m.: The only thing he should be asking is for

19 you to confirm our outstanding receivables, just like

20 last year.

21 A Yes.

22 Q And is that what you did?

23 A Do you want me to explain that?

24 Q Yes, I would like you to explain that, please.

25 A Okay. The year before, Berenfeld Spritzer,

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1 through Tracy, tried to get a real significant amount of

2 detailed data from us.

3 Frank knew and I knew that that was a big

4 no-no.

5 I went ahead and met with Tracy, explained to

6 him what I needed to explain to him relative to the fact

7 that we're not turning over these documents; that if he

8 wants to be in this game, he needs to go ahead and

9 simply do as little as possible, okay, and get what we

10 needed out; that if he couldn't do the Banyan audit, we

11 would find someone else to do it. He agreed to do it.

12 So when Frank is here saying, "just like last

13 year," okay, he's telling me: Tracy should be adhering

14 to the deal we established previously, which is a simple

15 confirmation, in letter form, just like last year.

16 That's it, nothing more.

17 Q And was that a conversation that you had only

18 with Tracy or that you later indicated to Frank that you

19 had that conversation with Tracy or entered into that

20 deal with Tracy?

21 A I had conversations with both Frank and Tracy

22 about it.

23 Q Separately?

24 A Never together.

25 Q And you indicated that if he did not -- if he

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1 sought too much information, he was not going to have

2 the job next year; is that accurate?

3 A I told him that on more than one occasion: my

4 law firm's business, personal business and the Banyan

5 business, yes.

6 Q Okay. And are you suggesting that Frank at

7 any time submitted false financials to Tracy?

8 A He did.

9 Q Can you explain that?

10 A You'd have to show me all the records.

11 Q Are you saying that they audited -- the -- any

12 of Frank's financial information that he sent to Tracy,

13 some of that was fraudulent?

14 A To my knowledge, yes.

15 Q With Frank's awareness?

16 A To my knowledge, yes.

17 Q And what do you base that knowledge on?

18 A You'd have to show me all the financial data,

19 and I could show it to you.

20 I can give you a good example: He knew there

21 wasn't money in a lot of those accounts, and he was

22 saying that the money existed, and he wanted Tracy to

23 say the money existed. Tracy knew the money didn't

24 exist because he was my accountant.

25 Q He knew in January of 2009 there wasn't money

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1 in the trust accounts?

2 A Certain accounts, correct.

3 Q Based on those emails that we discussed on

4 Monday where there were certain mistakes?

5 A Emails and many conversations with him.

6 Q Okay. If you turn further, there's another

7 email on that subject that I handed you, or to

8 Mr. Nurik. It's dated January 26, 2009, the subject is

9 "Level 3 verification."

10 It's an emailed, on the bottom, from Michael

11 Szafranski to Ari Glass, indicating that he had met with

12 you, and then indicating that trust account 5104

13 contained $178,857.

14 Frank responds to that email saying, Mike, is

15 it 187,000, or 17,000,800 or 178 million.

16 Do you see that?

17 A I do.

18 MR. RABIN: If I could just ask, for the

19 record, are you making these exhibits part of

20 the record and identifying --

21 MR. RASCO: Yes. I'm sorry. This will

22 be -- we had one just now. What number are we

23 at?

24 MR. RABIN: The next exhibit is 272.

25 MR. RASCO: Thanks.

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1 (Thereupon, the document was marked as Preve's

2 Exhibit 272 for Identification.)

3 MR. SCHLESIGNER: Sam, just read it out

4 so everybody knows.

5 MR. RABIN: All right. 272 is an email

6 from Preve to Rothstein dated January 15th,

7 2009, at 11:05 a.m.

8 BY MR. RASCO:

9 Q You see the response from Mr. Szafranski

10 stating, I'm sorry, the numbers aren't thousands of

11 dollars, indicating that the proper balance is

12 178 million?

13 A And this will be Exhibit 273.

14 Q Yes.

15 A Okay. I do see that, yes, sir.

16 Q Okay. And are you indicating -- are you

17 saying that that was an indicator that Mr. Preve

18 believed that the money was not in the trust accounts?

19 A Without seeing email traffic on either side of

20 this, I can't tell you for certain. I don't know if

21 Mike wrote that.

22 On occasion Mike would write dollars in

23 thousands, dollars in millions.

24 At this point in time, in January 26, 2009, I

25 don't know what Frank was thinking by reading that. I

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Page 2369

1 would really have to see the email traffic going before

2 that; and for some reason, the email traffic that would

3 have been directed to me right around this time is not

4 here. So without that, I really can't tell you.

5 Q Okay. But you agree that Frank's financial

6 statements, to the extent that he produced financial

7 statements to you, were accurate, generally?

8 A I can't say one way or the other.

9 Q Did you rely on him for accurate financial

10 information?

11 A No. I relied on him to tell me what we were

12 supposed to have in the accounts, minimum. You'll see

13 he sends me a lot of emails, in fact you handed me one,

14 where he's telling me what the minimum balance is.

15 There is no investment that I've ever heard of -- maybe

16 you have and you can tell me what it was -- where the

17 investor tells the person handling all the money how

18 much money he should have.

19 Generally you ask me what the balance is. I

20 tell what the balance is, and if I'm wrong, you pull

21 your investment. That's not how we worked.

22 Q If there are occasions where the trust

23 balances were not reflecting what Mr. Preve thought they

24 were -- well, first of all, he was telling you what he

25 thought they were based on the deals that you were

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Page 2370

1 entering into the bank, correct?

2 A Based on the amount of money he was sending

3 me -- you have got to remember, there came a long period

4 of time where there really was no deal paperwork at all;

5 he was simply relying on that little deal blurb and how

6 much money he was sending me and how much, based upon

7 that little blurb, I was sending him back. So there was

8 a lot of confusion.

9 There was also confusion because he would

10 regularly send me money. I would send him payments, and

11 then he would send me half back. Then he would say,

12 just tell me where you apply. Then he would come back

13 and say, tell me what old deals we're going to apply

14 this to or should I have -- great example: Should I

15 have Centurion fund this again, or is that just going to

16 create too much of a headache trying to reverify the

17 plaintiff receiving the money?

18 Q Are you referring to a specific email there?

19 A No, not -- that email is in the prior

20 emails --

21 Q Okay. Not in the ones that I handed you this

22 morning?

23 A No, I didn't see it here.

24 Q Okay. Didn't you indicate to Mr. Preve

25 that -- well, first of all, he was accounting for, on

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Page 2371

1 his end, what he thought the deals were that Banyan had

2 entered into, whether they were funding them

3 specifically or somebody else was funding them?

4 A You'd have to ask him what he was doing. He

5 would send me what he thought needed to be in the

6 accounts, and I would instruct Irene to correct it.

7 On many occasions he would actually write

8 directly to Irene and say these balances are off, fix

9 it.

10 Q If there were instances where there were

11 balances that were less than the minimum requirement, do

12 you recall if you indicated to Mr. Preve that that was

13 as a result of you not having -- that was as a result of

14 you putting the money in the wrong Banyan trust account?

15 A I did that once or twice. I remember that.

16 Q And if the balances sometimes weren't

17 accurate, did you indicate to Mr. Preve that could be

18 because you had not paid experts or you had not taken

19 your attorney's fees out?

20 A On certain occasions I did. You have to look

21 at the timing. You have to look at specific emails,

22 look at the timing, and then look at the emails around

23 it to determine the full extent of Mr. Preve's knowledge

24 at the time because at a point in time when he's fully

25 aware of what's going on. There's a lot of Ponzi-speak

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Page 2372

1 there.

2 We are talking about "transferring money," for

3 example. We're not transferring money; we're just

4 changing balances. Okay.

5 We talk about me "putting money someplace."

6 "Putting money someplace," is simply putting the number

7 someplace.

8 Q I understand.

9 The email that I just showed you regarding the

10 178 million, you testified on Monday about an email that

11 indicated that there was a mistake of a billion dollars

12 or about a billion dollars; do you recall that email?

13 A I recall those emails.

14 Q This is not that email, correct?

15 A No.

16 Q The second email in the packet that I just

17 gave you is dated November 18th, 2008, 11:06 a.m. It's

18 from -- the bottom is from Frank to you, and it's

19 subject matter is "stuff."

20 A Okay.

21 Q The third point on that email, it states:

22 Need Commerce balance numbers.

23 And you respond above: See below. And you

24 indicate the responses to the question is right after.

25 Do you agree that those responses behind the

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Page 2373

1 questions are your writing?

2 A Yes.

3 Q Okay. You indicate that you're going to

4 provide him the balances in Commerce Bank when you get

5 back to the office this afternoon?

6 A Yes, the fake balance numbers, correct.

7 Q And on number four, it says, do I get to sign

8 in, quote, unquote, online like milk toast does?

9 And you respond: Nope, I should not be

10 showing him; but if you want to stand over his shoulder

11 while he and I hold hands --

12 COURT REPORTER: I need you to slow down:

13 "If you want to stand over his shoulder while

14 he and I hold hands...

15 BY MR. RASCO:

16 Q "-- and sign on, be my guest."

17 Is that your writing there, as well?

18 A Yes.

19 Would you like me to explain that?

20 Q Yes, I would.

21 A Look at the way he writes this: Do I get to

22 sign, and the word "online" is in quotes.

23 The word "online" is in quotes because he

24 knows we're not going online.

25 What Frank was pushing me to do was have

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Page 2374

1 Curtis and Bill sets up a fake website for him so that

2 he could use it with investors over at his office.

3 It's my, also, humorous response to him.

4 Q Well, you're indicating, now, that Frank knew

5 that there was a fake website and that he wanted you to

6 create a fake website for him?

7 A I'll answer that with a question: Can you

8 think of any reason why he would put the word "online"

9 in quotes if we were really going online?

10 Q I'm not sure why he wrote "online" in quotes,

11 but I do know that he was seeking verification of trust

12 balances from you, not just through this email, but

13 through hundreds of emails.

14 My question is: Was he aware that this --

15 that TD Bank/Commerce Bank website was a fake website?

16 A Yes.

17 Q How do you know?

18 A I told him.

19 Q You told him in a conversation or by email?

20 A In a conversation.

21 Q Was anybody else present?

22 A Never.

23 Q Do you know if he ever discussed that fact

24 with Szafranski?

25 A I have no idea one way or the other. I doubt

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Page 2375

1 it.

2 Q Okay. And you're indicating that by --

3 certainly by this time, November of 2008, he would have

4 known that the trust balances either were nonexistent or

5 not -- were certainly inaccurate?

6 A Yes.

7 Q And he knew that from this time, through the

8 end of the Ponzi in October of 2009, right?

9 A Yes.

10 Q Okay. And we talked about an email on Monday

11 relating to a $300-million shortage. It was

12 October 30th or 31st. He was asking you exactly the

13 amount that was in the trust balances. You had already

14 left for Morocco.

15 Do you recall that discussion?

16 A I don't. You'd have to show me the email

17 traffic.

18 THE WITNESS: And just -- I don't mean to

19 interrupt you, but just for your own

20 record-keeping and since there is so many days

21 and so many exhibits, you need to mark these.

22 MR. RASCO: Can we mark them on break and

23 in sequential order?

24 UNKNOWN SPEAKER: Yes.

25 THE WITNESS: It's okay with me. I just

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Page 2376

1 don't want you to get documents -- because we

2 have a lot of documents floating around here

3 without stickers.

4 MR. LICHTMAN: Does the record clearly

5 indicate what the document is so it can be

6 matched and there's clarity in the record?

7 MR. RASCO: I specifically stated the

8 dates in the emails and the subject each time

9 I've asked about them.

10 COURT REPORTER: Are you going to be

11 marking more documents?

12 MR. RASCO: Maybe one or two.

13 COURT REPORTER: Okay. Because if it

14 gets too far afield, that's how exhibits get

15 out of order.

16 MR. RASCO: I'm almost done with the

17 exhibits.

18 Can you read where I left off?

19 (Whereupon, the requested portion of the

20 record was read back by the court reporter as recorded

21 above.)

22 MR. RASCO: Okay. Thank you.

23 BY MR. RASCO:

24 Q And there was an email -- and I'm not going to

25 go into it now, but I marked it as an exhibit in the

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Page 2377

1 composite exhibit binder that I handed you on Monday --

2 stating that Frank was asking you, you know, what's

3 the -- what's the amount -- he had asked you to

4 authorize Debra to give him an account balances.

5 You said you already did.

6 And then you asked -- and then he said, she

7 has, it she doesn't have the authority.

8 He then asked you, what's the shortage, is it

9 300 million, something to that effect.

10 And you said, that's not the shortage. That's

11 the amount of money to repay the investors.

12 Do you recall that?

13 A I do.

14 Q Okay. My question: What do you think he's

15 referring to as the shortage? Do you have an idea?

16 A Without seeing the email, I don't want to

17 render a guess. I would be completely guessing.

18 Q Okay. Do you think it might be shortage in

19 funding; in other words, funding from sources like the

20 Von Allmen Group or the hedge funds?

21 A No. I think the shortage -- and I'm

22 speculating, but I think the shortage he's referring to

23 is, is how much money do we need to put into the trust

24 accounts so that we could pay out everything we were

25 supposed to pay out, had this all been real.

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1 Q Did you often indicate --

2 A But I'm guessing.

3 Q Okay.

4 MR. NURIK: Excuse me, Counsel. If you

5 have it there, why don't you show it to him?

6 MR. RASCO: I -- I'm happy to show it,

7 but give me a second. I'm going from memory

8 on this.

9 BY MR. RASCO:

10 Q I'm sorry, I have don't have it in front of

11 me. I don't want to take anymore time, but I'm just

12 asking you, specifically: If you had used the word

13 "shortage" in the past, during the Bar issue, indicating

14 that the hedge funds weren't funding at the same levels

15 that they were before?

16 A I actually -- and I would have to see the

17 email traffic; but I actually don't recall using the

18 word "shortage" to describe money that hadn't been

19 funded by the hedge funds. Normally I would just say

20 "they haven't funded." I wouldn't say there's a

21 shortage in funding.

22 "Shortage," the way Frank is writing it to me

23 is: what is the shortage in the accounts, how much have

24 you stolen, what's missing.

25 But, again, I'm just guessing.

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Page 2379

1 Q Okay. You used, on various occasions, with

2 Frank and other parties, starting with the April 2009

3 Bar issue, the fact that the hedge funds weren't funding

4 at previous levels --

5 A Correct.

6 Q -- you used that as an excuse to not pay out

7 to Banyan or to other investors; is that fair?

8 A Correct.

9 Q Okay. And you used that again with the Von

10 Allmen group and Barry Bekkedam's group?

11 A I don't recall that. You'd have to show me

12 that email traffic.

13 Q Okay. I will show you this email.

14 This is the Composite Exhibit 206, which I

15 marked on Monday.

16 A All right. Are you talking about the

17 October 31st, 2009, email --

18 Q Yes.

19 A -- from me to George?

20 Q Correct, from you to George.

21 A Yes. We have talked about this extensively.

22 Q We have. I have a few more questions about

23 it.

24 You indicated that email was a false

25 exculpation of Frank, not of George, right?

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Page 2380

1 A Well, I've testified over and over that I'm

2 not sure what George knew. As I sit here today, I still

3 don't know what he knew. So --

4 Q Well, you did indicate.

5 A Hang on.

6 It would clearly be an exculpation of Frank --

7 Q It --

8 A -- and George, if he needed it.

9 Q Okay. It would clearly be a false

10 exculpation?

11 A Yes, a false exculpation.

12 Q Okay. You testified on Monday the latter part

13 of the time about being a liar, thief and scum bag; that

14 was true, in your mind at the time?

15 A Yes.

16 Q Okay. And the part about you either going to

17 jail or dying, that was true or accurate in your mind at

18 the time, as well, right?

19 A Yes.

20 Q Okay. And the -- that email was written, if

21 you recall, in response to an email or various emails

22 from George Levin trying to, quote, unquote, bail you

23 out, trying to help you resolve the issues that you were

24 in, without him fully understanding what was going on?

25 A In part, yes.

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Page 2381

1 Q And so the part about him asking you -- about

2 you telling him, don't try to bail me out of this, that

3 was accurate in your mind, as well, wasn't it? You

4 already knew that it would be impossible for him to bail

5 you?

6 A I don't how what was possible or not possible.

7 You'd have to define "bail" me out.

8 If he could get access to a lot of money, he

9 could bail out the financial part; but he certainly

10 wasn't going to bail me out of the fact that I had

11 committed a giant crime.

12 Q So the only part of that email that is untrue

13 is the part about the exculpation; you and George did

14 nothing wrong?

15 A The only part in here that I know for certain

16 that is false is: Frank did nothing wrong. That is

17 false.

18 It is all together possible that to a great

19 extent, George did, in fact, do nothing wrong.

20 Q You've testified that this was the first time

21 in your life that -- or at least the several past years,

22 that you were coming clean, that you were being honest

23 with yourself; is that fair, in this time period?

24 A At this moment? I don't think at this moment

25 I was coming clean with myself. I think I was trying

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Page 2382

1 to.

2 Until I made the decision to step foot on a

3 plane and leave a non-extradition country, knowing that

4 I was coming back to go to prison, I don't think until I

5 made that ultimate decision that I had fully reconciled

6 with myself that it was time to completely change the

7 person that I am, to change my life and to do the right

8 thing.

9 Q And this was the only email that you recall

10 that you were falsely exculpating Frank; is that right?

11 A I don't recall. You'd have to show me the

12 email traffic. I have sent so many emails, I need to

13 see the traffic to tell you one way or the other.

14 Q Did you -- do you recall falsely exculpating

15 anybody else?

16 A We looked at emails the other day. I don't

17 want to speculate when we have definitive email traffic

18 to establish one way or the other. So I would like to

19 see the emails and answer based upon emails, instead of

20 guessing.

21 Q Just your independent recollection, anybody

22 else that you were trying to falsely exonerate?

23 A I don't recall. I believe there were, but the

24 names are escaping me right at this moment.

25 Q Okay. And to your recollection now, as you

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Page 2383

1 sit here, was there anything else that you may have done

2 to falsely exculpate Frank or anybody else?

3 A Oh, wait. I tried -- I falsely exculpated

4 Stu.

5 Q Was that through email?

6 A I'm -- yes, I think there was -- there was an

7 email.

8 Q Okay.

9 A I think -- again, it makes no sense to me to

10 try to have me guess when we have email traffic that

11 establishes definitively one way or the other.

12 Q I'm only asking you because I haven't seen any

13 email traffic that establishes you sending any other

14 emails that would falsely exculpate anybody else.

15 A On, no, I did.

16 Q Okay. And in doing so, when you did do so, do

17 you recall if it was a simple statement like this one

18 with respect to Frank, or was it more detailed?

19 A I would be guessing.

20 Q Okay. And you were aware, by that time, that

21 there were thousands of emails between you and Mr. Preve

22 that indicated that he may have known something was

23 amiss?

24 A You're asking me my opinion?

25 Q Yes.

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Page 2384

1 A At that point in time I believed that there

2 were thousands of emails proving clearly that Frank was

3 involved in a major fraud.

4 Q Then why would you think that such a simple

5 statement would be any help to Frank?

6 A Fortunately for you, you've never had to be in

7 a situation where your mind is as mine was. When a

8 multi-billion-dollar Ponzi scheme is collapsing around

9 you,you're picturing destroying your family and all the

10 people that you love. And coming back to potentially

11 dying in prison. The emotional and actually physical

12 stress that your body goes through at the time is not

13 something that I can describe in words.

14 Why I was doing exactly what I was doing in

15 those final days, I would have to sit and really read

16 all these emails again, carefully. I was trying to do

17 something good --

18 Q Okay.

19 A -- that I perceived as good.

20 The truth is, now, as I sit here today, after

21 having made the decision to come clean and admit

22 everything I've done wrong, I don't think that trying to

23 falsely exculpate those people was the right thing.

24 What I should have done was picked up the

25 phone called them, called Mr. Preve and the others that

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Page 2385

1 I knew was involved and said, I'm doing the right thing.

2 You need to do the right thing. Turn yourself in.

3 Let's tell everybody what we did. Let's do the right

4 thing.

5 That's what I should have done.

6 Q Do you remember that both Frank and George

7 were calling you and texting you or emailing you

8 repeatedly?

9 A Yes. Yes.

10 Q And you indicated on Monday that you did not

11 want to speak with them?

12 A Correct.

13 Q And why was it that you didn't want to speak

14 with them?

15 A I was very emotionally attached to them. I

16 was very emotional at the time, okay, and I did not want

17 to speak to them. I -- I just -- I couldn't bring

18 myself to do it. I spoke to very limited people while I

19 was away.

20 Q Are you suggesting that Frank in any way

21 created fake documents in the Ponzi scheme?

22 A Yes.

23 Q Can you explain that?

24 A You'd have to show me the documents. I could

25 tell you then whether they were fake or not.

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Page 2386

1 Q Can you give me a time frame?

2 A From -- I would be guessing. Throughout 2009

3 we created false documents together.

4 Q You actually sat with Mr. Preve to create

5 false documents together?

6 A No. He created fake things and sent them to

7 me, and I created fake things and sent them to him.

8 Sometimes we were on the phone together.

9 Q Do you mean agreements or trust balances?

10 A Trust balances is a good example, but to me

11 that's not creating it, you know. Again, you'd have to

12 define the word "created" for me.

13 If I create the document through Debra or

14 Irene and then I send it to him and he doesn't like the

15 balances and he wants me to change them to a different,

16 false number, by your definition, is that him creating

17 the document?

18 He's giving me false input to help me create

19 the false document, which is what he did; but you've got

20 to be more precise with me.

21 Q Okay. Well, just to be specific, are you

22 talking about only deal documents here? We're not

23 talking about anything outside of the deals that you

24 were entering into with Banyan?

25 A Well, sure. Sure I am, because Frank helped

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1 me create, at length, fake opinion letters that I then

2 had other lawyers put on their letterhead. People who

3 knew nothing, like Ken Padowitz knew nothing about this

4 type of law, knows nothing about this type of business;

5 he is a criminal defense lawyer. He took a fake opinion

6 letter that we put together -- me, Boden, Preve.

7 We put all this crazy stuff in there, okay,

8 that we needed to perpetrate this scheme and to keep it

9 going and to get people to invest more dollars in the

10 fraud.

11 And then, he knows -- he knows Ken Padowitz is

12 a criminal defense lawyer. I put this thing on -- had

13 Padowitz put it on his letterhead, have Padowitz sign it

14 and then we take it and I give it to Frank. And Frank

15 starts handing it out, and I handed it out.

16 Q So Frank handed it out, but in addition to

17 handing it out, you're saying he actually helped you

18 create that document?

19 A Absolutely. Yes.

20 Q How did he do so?

21 A He gave me language that went in there. I --

22 I wasn't an expert in those areas. I had people who

23 knew banking, people who knew that area of the corporate

24 finance, helping me prepare that letter.

25 Q What was the letter opining on?

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1 A You'd have to show me the letter.

2 It was on the legal nature of the settlement

3 structure. It was that he had reviewed all these

4 documents, which he hadn't. It was a fake opinion

5 letter. All of the people that gave input into that

6 letter, including Mr. Preve, had never reviewed anything

7 in order to come to the, quote, unquote, legal

8 conclusions that the strategy was legal.

9 Q Did he provide input verbally or in writing?

10 A I don't recall whether he did some in writing.

11 You'd have to take a look through the email traffic, but

12 definitely verbally and definitely on paper in some

13 format.

14 Q Whether it was handwritten or by email or on

15 the document itself, you're not clear?

16 A There were times when Frank and I would sit

17 down and scribble on documents that we had, notes, that

18 type of thing. We were sitting together.

19 If I was sitting in the office and we were

20 doing something nefarious, I don't think he needed to

21 send me an email to confirm what we just discussed. We

22 could do it on paper there; but, again, I would need to

23 see the documents.

24 Q Any other documents, outside of just the

25 settlement funding, that Frank would have been involved

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Page 2389

1 in falsely creating?

2 A I just said the opinion letters.

3 Q Just the opinion, I'm asking beyond the

4 opinion letters.

5 A I have to see all the documents, and then I

6 could tell you one by one whether he had input into it.

7 Q Were you aware that Banyan --

8 A Wait a second.

9 He helped put -- with Tracy, he helped put

10 together that audit letter. He had direct input into

11 the contents of the audit letter. As a matter of fact,

12 if you look at the email traffic, one of the things that

13 is completely off the charts with regard to a, quote,

14 unquote, independent audit of books and records, is that

15 Tracy, pursuant to my request, forwarded a copy --

16 provided a copy of the audit letter to Frank Preve for

17 his comments before completing it, which is a big no-no

18 as I understand it in the financial audit world.

19 Q But what did Frank do that was wrong, as far

20 as providing Tracy comments?

21 A He had added false information, corrected

22 information that would have led potential investors to

23 believe that there was a fraud, cleaned it up so that we

24 wouldn't get in trouble and gave it back to Tracy.

25 Tracy then corrected the document and put it in final

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Page 2390

1 form.

2 Q Can you point to specifically anything that he

3 added that was false?

4 A Sure. Show me the letter.

5 Q I don't have it with me today. I'll save that

6 for another day.

7 Are you aware that Banyan was obtaining

8 opinion letters from legal -- from their own legal

9 counsel?

10 A Sure. I helped them formulate certain

11 information that they provided that was false to

12 Greenspoon Marder so that they could get them to write

13 an opinion letter.

14 Q And you're aware they also obtained opinion

15 letters from Hutchinson Steffen?

16 A I remember at least one or two other firms

17 that they went to, but you have got to remember

18 something: Look at those opinion letters. They, for

19 starters, contain nothing about the payment

20 irregularities that were going on.

21 So just from that small spot of illegality,

22 okay, he was providing false information, because there

23 was all kinds of problems with trust balances not being

24 right and payments being missed and payments being late

25 and documents not being prepared; and then we get these

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Page 2391

1 audit letters and opinion letters saying everything is

2 just hunky-dory, everything is beautiful, there is no

3 problems, everything is paid on time, everything is

4 properly papered. That's all based upon false

5 information.

6 Q You indicated that -- on Monday that one of

7 the indicators that you knew Frank was aware of the

8 fraud was the fact that he was using money from the

9 deals to pay certain bills of Levin's?

10 A Yes.

11 Q You're not aware that he was using it for his

12 own purposes, other than that?

13 A I don't know one way or the other what he was

14 doing. I do not know. I just know that he was taking

15 money that was supposed to be investor money and paying

16 Levin's personal bills with it.

17 As a matter of fact, I think there is an email

18 that we looked at yesterday where he says he needs $10

19 million out of all the money we have to pay George's

20 personal bills.

21 Q After 2009, essentially, the hedge funds were

22 cut off and Banyan was cut off getting the payments that

23 they were supposed to receive, at least the scheduled

24 payments they were supposed to receive, right?

25 A April of '09?

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Page 2392

1 Q Yes.

2 A Yes.

3 Q And you were indicated that the trust accounts

4 were blocked, right?

5 A Yes.

6 Q Did you tell Frank that because that was

7 occurring and because certain bills were due for Banyan

8 and the Levins, that you were going to bring your own

9 money from New York and pay them out of that money?

10 Yes. I told him I would borrow the money or

11 bring my own money in, which should have been a giant

12 red flag; but money was money to us at that point in

13 time.

14 MR. RASCO: Okay. I'm going to reserve

15 some time and take a break, but I'm done for

16 now.

17 MR. SCHLESIGNER: Can we make sure the

18 record is clear when he mentioned "Frank,"

19 it's not Mr. Spinosa?

20 THE WITNESS: On, no, it's not

21 Mr. Spinosa. All the times during the

22 questioning by Mr. Preve's counsel of me,

23 every time I said "Frank," it was Frank Preve.

24 MR. SCHLESIGNER: Thank you.

25 MR. NURIK: And also for the record, the

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2393

1 only exhibit that we have marked is 272. So

2 we have no identification for any of those

3 other emails.

4 MR. RASCO: Let me --

5 MR. NURIK: Excuse me.

6 We don't know what his answers related

7 to.

8 MR. RASCO: Well, I specifically stated

9 what the dates and subjects were of each of

10 the emails.

11 I can mark them in -- they're all in

12 chronological order.

13 (Thereupon, documents were marked as Preve's

14 Exhibits 273 and 274, respectively, for identification.)

15 DIRECT EXAMINATION

16 BY MS. BARZEE-FLORES:

17 Q Scott Rothstein, you sure fooled a lot of

18 people, didn't you?

19 A Yes.

20 Q You conned lawyers, right?

21 A Yes.

22 Q Greenspoon Marder, correct?

23 A Well, that con was actually by Mr. Preve, with

24 my assistance.

25 Q Clifford Chance?

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Page 2394

1 A Yes.

2 Q Morgan Lewis?

3 A Yes.

4 Q In fact, no firm that did a due diligence

5 investigation of you, discovered what you were up to and

6 advised their clients not to invest in you?

7 A I would be guessing as to what they advised

8 their client.

9 Q Didn't you say on December 12th, in the

10 afternoon session, that no firm that did due diligence,

11 as far as you knew, discovered what you were up to and

12 advised the client not to invest in you?

13 A That's the key to your question: As far as I

14 knew, yes.

15 Q You conned innocent lawyers at your firm who

16 didn't know what you were up to?

17 A I did.

18 Q You conned innocent investors, didn't you?

19 A Some, yes, I did.

20 Q You conned politicians, as well, right?

21 MR. LAVECCHIO: You can answer the

22 question without specifics.

23 A Yes.


25 Q You fooled Senator John McCain?

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Page 2395

1 A Yes.

2 Q You fooled United States Senator Mel Martinez?

3 MR. LAVECCHIO: Objection.


5 Q You fooled United States Senator Joe

6 Lieberman?

7 A Yes.

8 Q You fooled Florida Governor Charlie Crist?



11 Q You fooled California Governor Arnold

12 Schwarzenegger?

13 A Yes.

14 Q You fooled presidential candidate Sarah Palin?

15 A Yes.

16 Q You fooled the president, George W. Bush?

17 A Yes.

18 Q You conned the Florida Bar, didn't you?

19 A No, I never got them involved in anything. I

20 utilized the name of the Florida Bar to further my

21 fraud.

22 Q You were on the Florida Bar Grievance

23 Committee, weren't you?

24 A Oh, you mean I fooled them into thinking I was

25 an ethical lawyer?

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Page 2396

1 Q Well, tell me: Were you on the Florida Bar

2 Grievance Committee?

3 A I certainly was. We discussed that.

4 Q And what were you supposed to be doing on that

5 committee?

6 A Hearing grievances.

7 Q And what does that mean for the jury? Explain

8 what you were supposed to be doing on that committee.

9 A Judging the ethics of other lawyers.

10 Q You conned the Broward Judicial Nominating

11 Commission, didn't you?



14 Q Did you corrupt that process, sir?

15 MR. LAVECCHIO: Without specifics.

16 A Yes.


18 Q Did people pay you to get on the bench?



21 Q What were you supposed to be doing on that

22 commission, Scott Rothstein?

23 A Vetting candidates for the 4th District Court

24 of Appeal to send to the government.

25 Q Who appointed you to that position?

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Page 2397

1 A The governor, then-governor, Charlie Crist.

2 Q You conned your own friends, didn't you?

3 A Yes.

4 Q You had a close circle of friends that you

5 often socialized with, right?

6 A Yes, ma'am.

7 Q Some of them knew you were a criminal?

8 A Some did, yes, sir -- yes, yes, ma'am.

9 Q Some of them didn't?

10 A Some didn't, many didn't.

11 Q You conned "your own girl Friday," didn't you?

12 A "Girl Friday," who?

13 Q How do you describe Debra Villegas?

14 A One of my closest friends and confidantes.

15 Q And an employee?

16 A Yes, ma'am.

17 Q Who worked right alongside you?

18 A Yes, ma'am.

19 Q Who learned that you were a criminal?

20 A Yes, ma'am.

21 Q Who participated in your criminal conduct with

22 you?

23 A Yes, ma'am.

24 Q Who you could ask to do just about anything

25 and she would, for you?

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Page 2398

1 A Yes, ma'am.

2 Q You conned your own best friend, didn't you?

3 A To some extent.

4 Q You convinced Ted Morse that you had

5 Judge Seltzer in your pocket?

6 A That's true.

7 Q And by the way, when you conned Ted Morse, you

8 were a conning a con, weren't you?

9 ALL PRESENT: Object.

10 A If you mean to say that Ted knew I was

11 committing crimes and participated in some of those

12 crimes, that's correct; and that I also conned him as to

13 certain things, that's correct.


15 Q You conned the people closest to you in the

16 world?

17 A That's true. I hurt a lot of very innocent,

18 good, decent people.

19 Q You conned your own mother?

20 A I certainly did.

21 I hurt my family terribly.

22 Q She worked at the firm with you, didn't she?

23 A Yes, from time to time my mom worked there.

24 My dad worked there, my sister.

25 Q And she had no idea what her son had become?

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Page 2399

1 A No, she didn't.

2 Q You conned your wife?

3 A I certainly did. I hurt a very good person a

4 lot.

5 Q You did the things you did and then crawled

6 into bed with that woman?

7 A That's correct.

8 Q At your sentencing you tried to con the judge,

9 didn't you?

10 A Absolutely not.

11 Q Sir, you wrote him a 12-page letter,

12 typewritten, right?

13 A I hand wrote it and then someone else typed

14 it, yes, ma'am.

15 Q It started off talking about the tough

16 financial times you had growing up, right?

17 A You have to show me the letter, ma'am. I know

18 that I talked about difficult financial times, that kind

19 of thing, yes, ma'am.

20 Q It ended talking about how, very, very sorry

21 you were for all of your crimes?

22 A Yes, ma'am. I am. That's why I turned myself

23 in.

24 Q That letter didn't work, did it,

25 Mr. Rothstein?

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Page 2400

1 A It wasn't meant to work. It was meant to be

2 an honest appraisal of myself and my criminality to the

3 judge.

4 Q What sentence did your lawyer ask the judge to

5 impose on you, sir?

6 A Forty years.

7 Q What sentence --

8 A I'm sorry, no, that was the government asked

9 for 40 years; my lawyer asked for 30.

10 Q And what sentence did the judge impose on you?

11 A Fifty years.

12 Q You're good at the con, aren't you?

13 A I was, yes.

14 Q You're not anymore?

15 A No, ma'am.

16 Q Why don't we let the jury be the judge of

17 that.

18 ALL PRESENT: Object to form.


20 Q Let's talk about the psychological tools that

21 you used to fool people, to con them.

22 First, you're a good salesman, right?

23 A I was.

24 Q You know how to get a sense from people before

25 you do business with them?

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Page 2401

1 A That is one of the tools I used to operate,

2 yes, ma'am.

3 Q Some people you wouldn't do business with

4 because you sensed you couldn't trust them?

5 A That's correct.

6 Q You know how to create a perception of power?

7 A That's correct.

8 Q And you know that the perception of power

9 yields actual power?

10 A It does.

11 Q You know how to convince people that you're

12 legit, right?

13 A That's one of the tools I used, yes, ma'am.

14 Q You convinced people that you were legitimate

15 by associating with politicians, right?

16 A I convinced people that I was legitimate by

17 associating with certain legitimate politicians and by

18 corrupting and engaging in corruption with some corrupt

19 politicians.

20 Q You knew how to convince people that you were

21 legit by associating with law enforcement?

22 A I utilized law enforcement to convince people

23 I was legitimate both by associating with legitimate law

24 enforcement and by engaging in corruption with corrupt

25 law enforcement.

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Page 2402

1 Q You knew how to convince people you were

2 legitimate by associating with judges?

3 A I convinced people I was legitimate by

4 associating with good and decent legitimate members of

5 the judiciary, and I convinced people I was legitimate

6 by engaging in corruption with corrupt members of the

7 judiciary.

8 Q You knew it was crucial to the success of your

9 criminal scheme to keep an air of legitimacy around you?

10 A Yes, ma'am.

11 Q And you worked hard to make people feel secure

12 in their relationship with you, right?

13 A Yes, ma'am.

14 Q You used the trappings of wealth to give

15 people the impression of your success?

16 A I did.

17 Q And you worked to convince people that there

18 would be real returns, real returns on their

19 investments?

20 A Certain people, yes, ma'am.

21 Q You made large and very public donations to

22 worthy causes, right?

23 A I did.

24 Q And you pretended to be devout in your

25 religion?

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Page 2403

1 A I am not going to justify that comment with a

2 response.

3 Q In 2000 --

4 A I was -- excuse me.

5 Q Go ahead.

6 A Excuse me. Excuse me.

7 MR. NURIK: Hold on. We're not going it

8 to allow any questions concerning his

9 religious beliefs, period.


11 Q You made public statements regarding your

12 religiosity, haven't you?

13 A My religion has nothing to do with the fact

14 that I was a very bad person.

15 Q You manipulated people, didn't you?

16 A I did.

17 Q You're good at manipulating them, aren't you?

18 A I was.

19 Q You were?

20 A Yes. I don't need to do that anymore. When

21 you tell the truth, it's very, very simple.

22 Q You're the tiger who changed his stripes?

23 ALL PRESENT: Objection to form.

24 A If you're asking me if I am a good example of

25 a changed person and how much you can change, the answer

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Page 2404

1 is absolutely yes.


3 Q On a scale of one to ten, you're a ten at

4 manipulating people?

5 A I was.

6 I have no need manipulate anyone anymore.

7 When you're telling the truth, you don't need to worry

8 about manipulating people.

9 Q You've said that you can spend time with

10 someone and get a feel for what they might be

11 susceptible to?

12 A That's something that I was capable of doing,

13 yes, ma'am.

14 Q And that you could spend time with someone and

15 get a feel for how malleable a person he or she is?

16 A That was something I was capable of doing as

17 well, yes, ma'am.

18 Q You're not capable of getting that sense now?

19 A No, I'm not.

20 Q That --

21 A I don't care.

22 Q You lost your sense to -- to see if somebody

23 is susceptible to BS?

24 A No. I shut it down. I decided it was no

25 longer something that I wanted to be.

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Page 2405

1 Do you not believe that people can change?

2 Q You are able to turn off like a switch your

3 ability to determine after meeting with a person how

4 malleable they are?

5 A I have no need to do it anymore. When you're

6 telling the truth, you don't need to do any of those

7 things.

8 Q If you had a need, could you do it, sir?

9 A My body, my psyche, my mind, my beliefs would

10 never allow me to do that again. Ever. That's why I

11 came back and turned myself in knowing I was going to

12 prison.

13 Q That's your pitch?

14 ALL PRESENT: Objection. Form.

15 A That's the truth.


17 Q During the days of your con, when people

18 questioned you about these deals, you would give them

19 whatever information you thought you needed to give

20 them?

21 A Depending upon whether they were involved in

22 the crime or not.

23 Q All right. Sometimes you lied to them?

24 A Sometimes I lied to them and sometimes I told

25 them the truth. It just depended upon whether they were

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Page 2406

1 involved in the crime or not.

2 Q Sometimes you told them half-truths?

3 A It's the same answer. Depending upon what

4 level involvement they had in the crime.

5 Q To some people, you gave as little information

6 as possible?

7 A Depending upon their level of involvement in

8 the crime.

9 Q And to other folks, you exaggerated?

10 A Again, it's the same answer. It depended upon

11 the level of the individual's involvement in the fraud.

12 Q Sometimes you played the attorney-client

13 confidentiality card?

14 A Yes, my co-conspirators and I used that

15 regularly to create a transparency block during the

16 course of the fraud.

17 Q And you played the confidential settlement

18 card?

19 A The same answer.

20 Q Meaning yes?

21 A No. Meaning that my co-conspirators and I

22 used the confidentiality -- all of those things to

23 create a transparency block so people would not be able

24 to detect the fact that we were committing a crime.

25 Q Sometimes when you were pressed, you played

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Page 2407

1 offense in defense, right?

2 A I'm sorry. I don't understand your question.

3 Q Well, for example, when Ed and Carol Morse

4 would start pressing you and asking too many questions,

5 wasn't it the case that you would respond with what you

6 testified on December 12th was, quote/unquote, the

7 standard, where you rant about: How dare you, you've

8 embarrassed me, I'm making you money, I've done

9 everything right.

10 A Now I understand.

11 Yes. What I would do is, when someone was

12 pushing me on a matter of illegality, if the person

13 was -- if it suited my needs, I would play their

14 emotions to try to get them to stop.

15 Q And you also referred to this technique of

16 yours as using a person's pressure point, right?

17 A Yes.

18 Q Of course, you agreed you don't need to apply

19 pressure to people who are criminals, right?

20 A That's right. Sometimes -- well, that's not

21 true. Sometimes when you have someone who is a -- well,

22 let me give specific examples. When I had people that

23 were co-conspirators of my crime that I needed them to

24 do something outside of the criminality they were

25 currently involved in, I might use pressure points or

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Page 2408

1 inducements. I did that frequently with the bankers.

2 It just depended upon what I required for the crime at

3 the time. Some people needed more inducement, some

4 people needed less.

5 Q So, for example, when the innocent fund

6 investors started asking too many questions about

7 payments being late, you cooked up a story about having

8 a Florida Bar grievance?

9 A Correct.

10 MR. SCHERER: Objection to form.

11 BY MS. SPEAKER?:

12 Q You used law enforcement to throw people off,

13 you said?

14 A I used legitimate law enforcement to do

15 legitimate things and I used corrupt law enforcement to

16 do corrupt things.

17 Q You've rewarded the people who were in on your

18 scheme, didn't you?

19 A Very well.

20 Q You rewarded them with houses, right? Right?

21 A Yes.

22 Q Cars?

23 A Yes.

24 Q Trips?

25 A Yes.

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Page 2409

1 Q Women?

2 A Yes.

3 Q Cigars?

4 A Yes.

5 Q Concerts?

6 A Yes.

7 Q Sporting events?

8 A Yes.

9 Q You emailed them a lot?

10 A Some I emailed a lot. Some I emailed a

11 little.

12 Q You gave them nicknames?

13 A Both, people that were involved in the crime

14 and not involved in the crime. Everyone in my world had

15 nicknames.

16 Q And you also gave money and gifts to people

17 who were not in on your schemes?

18 A That's correct.

19 Q You told folks the gospel according Scott?


21 A I don't know what -- I'm sorry, I don't know

22 what that means, the gospel according Scott.


24 Q On December 14th, in the afternoon session,

25 page 886 of the transcript, you didn't testify that you

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2410

1 told people, quote/unquote, the gospel according Scott?

2

3 MR. NURIK: Actually, what was the

4 question before that answer?


6 Q My question is --

7 MR. NURIK: No. What was the question

8 before? Why don't you say -- ask him what his

9 answer was in response to a particular

10 question so we can identify the record.


12 Q Have you ever said that, sir?

13 A My recollection is, is I was joking around

14 with some people in here when I said "the gospel

15 according to Scott."

16 You'd have to give me the context of it so

17 it's not taken out of context.

18 Q You used that phrase, sir?

19 A Yes.

20 Q On the record?

21 A Yes.

22 Q You used other tools, tangible tools to ply

23 your trade too, didn't you?

24 A I don't understand the question.

25 Q You masterminded the use of phony lawsuits?

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Page 2411

1 A I masterminded -- the way you're asking it,

2 yes, I utilized phony lawsuits to continue to perpetrate

3 the fraud.

4 Q Phony court orders?

5 A Yes, ma'am.

6 Q Phony settlement agreements?

7 A Yes, ma'am.

8 Q Phony promissory notes?

9 A Yes, ma'am.

10 Q Forged emails?

11 A Yes, ma'am.

12 Q Phony case file documents?

13 A Yes, ma'am.

14 Q Phony flight manifests?

15 A No, we didn't phony up flight manifests. We

16 used --

17 Q You didn't phony up a flight manifest where

18 you added Bill Clinton and Prince Andrew and young

19 girls' names to a Jeffrey Epstein flight manifest for

20 purposes of showing perspective investors how the

21 settlement system worked and why important people might

22 want confidentiality in exchange for large sums of money

23 to be paid to the plaintiff?

24 A My best recollection is, is we used -- I think

25 I testified to this yesterday or the day before -- we

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2412

1 used real flight manifests during that meeting with

2 the -- Mr. Scherer's clients. And I told them about

3 fake flight manifests. I don't recall that we created

4 one. If you have one, you can show it to me, that would

5 refresh my recollection, but I actually don't recall

6 that being a document that I created.

7 Q Phony bank websites?

8 A Yes.

9 Q Phony bank statements?

10 A Yes. Screen shots.

11 Q Phony opinion letters?

12 A Yes.

13 Q Phony audit letters?

14 A Yes.

15 Q Fake legal bills?

16 A Yes.

17 Q Phony court case bonds?

18 A Yes.

19 Q Fake law enforcement investigations?

20 A Yes.

21 Q Phony attorney's fees statements?

22 A Yes.

23 Q Fictitious loans?

24 A Yes.

25 Q And, of course, being a successful con means

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Page 2413

1 you have to be a pretty good actor, right?

2 A I was.

3 Q Let's talk about you and your co-conspirators'

4 acting skills.

5 You orchestrated phony telephonic court

6 hearings, didn't you?

7 A I did.

8 Q Now, a real telephonic court hearing is where

9 a judge allows the participants to participate by

10 telephone, right?

11 A Yes.

12 Q But in your phony telephonic hearings, you

13 would have your firm's lawyers or other lawyers fake

14 like they were the participants in a real hearing,

15 right?

16 A I had Scott Goldstein pretend to be Judge

17 Marra.

18 Q And who, for example, would be attending a

19 fake hearing with a fake Judge Marra?

20 A In this case, one of my co-conspirators, Ted

21 Morse, and his father, who was an innocent, Edward

22 Morse.

23 Q And what part did you play?

24 A The lawyer.

25 Q Other times you used people to play the part

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Page 2414

1 of plaintiffs, right?

2 A That's correct.

3 Q Steve Caputi played the plaintiff?

4 A Steve Caputi played the plaintiff, and one of

5 the firm's secretaries played another plaintiff.

6 Q I assume you played the part of an honest

7 attorney?

8 A Yes, ma'am.

9 Q You were acting, of course?

10 A I was.

11 Q Caputi also played the part of a reporter to

12 harass one of your victims, right?

13 A He did.

14 Q Another time Caputi played the banker?

15 A Several times, yes, ma'am.

16 Q And he had to dress up for that part?

17 A I asked him to put on a shirt and tie because

18 he usually dressed in jeans and a t-shirt.

19 Q And you played the honest attorney again?

20 A I did.

21 Q Another time you had Caputi pretend to be the

22 owner of 800 numbers that had sent your firm lots of

23 business?

24 A I did.

25 Q And you had a woman in your office play the

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Page 2415

1 part of a Florida Bar official, right?

2 A I did.

3 Q You had other lawyers play the part of a case

4 and client referral sources, right?

5 A Yes.

6 Q And you would participate --

7 A A series of lawyers.

8 Q And you would participate in these little

9 scenarios with them?

10 A You mean the fake due diligence with the

11 lawyers?

12 Q Yes.

13 A Yes. I took them there.

14 Q So you were acting quite a bit during this

15 time?

16 A Myself and my co-conspirators, yes, ma'am.

17 Q And then there were the shows, what you call

18 "the shows," right?

19 A Yes, ma'am.

20 Q Where everybody had a role?

21 A Yes, ma'am.

22 Q And you had lines?

23 A It was a lot of ad lib but, yes, some specific

24 things that needed to be said and done, yes, ma'am.

25 Q These shows were coordinated?

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Page 2416

1 A Yes, ma'am.

2 Q And thought out?

3 A Correct.

4 Q You were a master of fraud, weren't you,

5 Mr. Rothstein?

6 A Unfortunately, I was very good at what I was

7 doing, yes, ma'am.

8 Q By the way, before you got caught up in all of

9 this, had you read up on con-artists and the tricks of

10 their trade?

11 A I'm certain that somewhere along the line I

12 had read about cons but if you're asking me if I did

13 research for the role, no, I did not.

14 Q It came naturally?

15 A It's not that it came naturally. It's just I

16 developed, unfortunately, an ability to fool people.

17 That's what I was doing. That's what all my

18 co-conspirators were doing. That's what a fraud is

19 based upon.

20 Q Judge Cohn, after sentencing, described your

21 fraud. Do you remember that?

22 A I certainly do.

23 Q I'm going to read you some of the things Judge

24 Cohn said and ask you if the judge was right. You

25 understand?

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2417

1 A I can tell you right now he was right on

2 everything he said. Every single word that he said he

3 was 100 percent correct.

4 Q Judge Cohn said that your case was about

5 selling fake financial products. True?

6 A Yes.

7 Q He said, "The marketing, however, was anything

8 but simple. It was sophisticated, rivaling that of

9 Madison Avenue's advertising elite."

10 A Correct.

11 Q "It was all about image, wealth, power, and

12 influence."

13 A Correct.

14 Q WPI.

15 Is that all true?

16 A I told you two questions ago that every single

17 thing that Judge Cohn said about me and my crimes was

18 100 percent correct.

19 Q Judge Cohn, "The marketing component of the

20 fraud focused on attracting investors with deep

21 pockets."

22 Is that what you did?

23 A Yes, ma'am. That's -- I just testified to

24 that now three questions ago.

25 Q You displayed all the trappings of success:

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Page 2418

1 The multi-million dollar homes, the expensive cars, and

2 boats, restaurants and jewelry and a 70-lawyer law firm

3 that appeared to be thriving?

4 A Yes, ma'am.

5 Q You maintained political connections

6 stretching from the Broward Sheriff's office on one end

7 of Broward Boulevard, all the way down to the Fort

8 Lauderdale Police Department on the other end of Broward

9 Boulevard, correct?

10 A Yes, and all the way out to Plantation.

11 Q To the governor's mansion in Tallahassee and

12 all the way to the United States Congress in Washington

13 and down Pennsylvania Avenue to the White House?

14 A I did.

15 Q "The local society page," Judge Cohn, "was

16 constantly adorned with photographs of you and your wife

17 arm-in-arm with sports celebrities, politicians,

18 community leaders, and socialites."

19 Is that right?


21 Q The political contributions, which were

22 funneled through your law firm's attorneys, their wife's

23 and other employees, placed the Rothstein brand in much

24 demand?


21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2419

1 Q The philanthropy, which included donations to

2 hospitals, religious and charitable organizations

3 endeared you as one of Broward County's most prolific

4 benefactors?

5 A That's correct.

6 Q And the police security details, the dinners

7 with law enforcement, and the trips to sporting events

8 with BSO brass created an appearance of legitimacy?

9 A That's correct.

10 Q Judge Cohn, "But we now know it was all a

11 fraud."


13 Q Let's talk about your various schemes and

14 crimes. Besides the Ponzi scheme, you and Albert Peters

15 embezzled from his employer, Silversea, right?

16 A Correct.

17 Q How much in total did you-all embezzle?

18 A I don't know. I don't recall.

19 Q More than 10 million?

20 A I don't recall.

21 Q More than ten bucks?

22 A Yes.

23 Q You and Ted Morse embezzled from Morse

24 Operations, didn't you?

25 A We did.

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Page 2420

1 Q How much?

2 A In excess of $59 million.

3 Q You laundered money through your law firm?

4 A I did.

5 Q You laundered money for Albert Peters?

6 A I did.

7 Q You laundered money for Ted Morse?

8 A I did.

9 Q You laundered money for the mob?

10 A I did.

11 Q You committed tax fraud?

12 A I committed the wrong kind of tax fraud. I

13 increased my taxes instead of decreasing it. I don't

14 know what you actually call that. It's tax evasion one

15 way. I guess I was tax invasion.

16 Q You lied under penalty of perjury under tax

17 forms, right?

18 A Yes, I did.

19 Q Friends -- your friends called you Robin Hood?

20 A Certain of them, yes.

21 Q And Robin Hood usually means a steal --

22 stealing from the rich to give to the poor, right?

23 A That's normally what it means. I was stealing

24 from the rich to give to the richer.

25 Q Including yourself?

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Page 2421

1 A Yes.

2 Q And back to the tax fraud, your participation

3 in tax fraud was not necessarily only, if at all, for

4 your benefit but it was also for other folks' benefits,

5 right?

6 A Right.

7 Q You helped other people commit tax fraud,

8 right?

9 A Yes. My tax fraud was unique to me. I helped

10 other people avoid taxes.

11 Q Evade them?

12 A Avoid, evade, not pay.

13 Q You engaged in public corruption with

14 politicians?

15 A Yes.

16 Q You engage in public corruption with law

17 enforcement?

18 A Yes.

19 Q You participated in the purchase of political

20 positions?

21 A Yes.

22 Q You bribed judges?

23 A Yes.

24 Q You were involved in the --

25 ALL PRESENT: Object. Form.

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2422

1 BY MS. SPEAKER?:

2 Q -- manipulation, you say, of the judicial --

3 THE WITNESS: I'm sorry. Can you repeat

4 that?


6 Q You were involved in the manipulation of the

7 judiciary?

8 A Yes.

9 Q You engaged in mob crime?

10 A I don't know what you mean.

11 MR. LAVECCHIO: Could I have a point of

12 clarification by what you mean by "mob

13 crimes"?

14 BY MS. SPEAKER?:

15 Q Sure. You've already said you laundered money

16 for the mob, right?

17 A Yes.

18 Q Were you involved in extortion?

19 MR. SCHERER: I'm sorry. Would you

20 repeat that? I didn't hear the question.


22 Q Were you involved in extortion?

23 MR. SCHERER: Thank you.

24 MS. BARZEE-FLORES: You're welcome.

25 MR. LAVECCHIO: As a general crime?

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Page 2423

1 A I was involved in extortion as a general

2 crime, yes.


4 Q Did you extort anybody?

5 You're pausing, Mr. Rothstein.

6 I'm not going to ask you who if Mr. Lavecchio

7 doesn't want me to know that.

8 MR. NURIK: Let -- hold on. Hold on.


10 MR. NURIK: Let the record reflect that

11 the reason he's pausing is because there is

12 the anticipation of a possible objection based

13 on law enforcement privilege, so he's giving

14 the government the opportunity to decide

15 whether or not to interpose that objection.

16 No other reason.

17 MS. BARZEE-FLORES: So noted.


19 Q And I know that, which is what I meant to

20 suggest to you when I said I'm not going to ask you who

21 you extorted, if Mr. Lavecchio has an objection to that

22 question.

23 But I'm asking you, not who you extorted, but

24 just admit that you did.

25 A I'm waiting to make sure there's no --

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Page 2424

1 Q Okay.

2 A -- objection.

3 MR. LAVECCHIO: My objection is just

4 point of clarification. You said he

5 participated in extortion. As that is somehow

6 differentiated from extorting people, I don't

7 understand and I don't think he understands

8 it.


10 Q Did you threaten somebody that if they didn't

11 give you money, you would do something?

12 THE WITNESS: Go ahead?

13 MR. LAVECCHIO: Yes.

14 A Through other people, yes.

15 BY MS. SPEAKER?:

16 Q Did you order the people who did it to do it?

17 A Did I order them?

18 Q Did you ask them nicely?

19 ALL PRESENT: Object to the form.

20 A The way that particular -- without getting

21 into any details, the people that I was involved with

22 were happy to do these things, and they did them. I

23 didn't need to order anyone to do anything.

24 I asked. I paid. They did.

25

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2425


2 Q And the "did" that they did, was it in

3 exchange for the money with the threat for physical

4 violence or the threat that some crime would be exposed,

5 or what?

6 MR. LAVECCHIO: That's where I have to

7 object.


9 Q You were involved in making physical threats,

10 though, were you not?

11 MR. LAVECCHIO: Again, point of

12 clarification, he's previously testified that

13 he was involved in acts that concerned certain

14 acts of violence, but as to his personally

15 participating in those, you can ask that.


17 Q What did you do to involve yourself in

18 activities including the making of physical threats?

19 MR. LAVECCHIO: I have to object.

20 BY MS. SPEAKER?:

21 Q Did you threaten anybody with physical harm?

22 MR. LAVECCHIO: Personally?

23 THE WITNESS: Personally?


25 Q Yeah.

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Page 2426

1 A I may have said I was going to beat the crap

2 out of someone when they aggravated me but that's not

3 related to the criminality. That's like someone sitting

4 in a bar saying, I would like to sleep with your wife,

5 and me saying, I'll beat the crap out of you if you go

6 near her. It's not the same thing.

7 Q Right. And certainly --

8 A The criminality that I was involved in was

9 through other people. I did not actually get involved

10 in that.

11 Q Sir, as you can understand, I'm really not

12 interested in your bar banter.



15 Q I'm asking you --

16 MR. SCHERER: Mary, we can't hear you.


18 Q Did you ever threaten to break anybody's

19 kneecaps, for example?

20 A In conversations with certain people that I

21 was committing crimes with, there was discussion of

22 physical violence.

23 Q What type of violence?


25

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2427

1 BY MS. SPEAKER?:

2 Q How many contacts in the mob did you have?



5 Q Let me ask you about Melissa Lewis. Melissa

6 Lewis was a lawyer in your firm, right?

7 A Yes, ma'am.

8 Q And at some point you were sleeping with her?

9 A When she was a student of mine, yes.

10 Q She was Debra Villegas' best friend, right?

11 A She was.

12 Q The same Debra Villegas that would do just

13 about anything for you if you asked her?

14 A Yes. We already discussed that.

15 Q The same Debra Villegas that knew about your

16 crimes or some of them and who participated in them with

17 you?


19 Q At some point Debra Villegas' best friend and

20 then your former lover was murdered?

21 A That's correct. She was.

22 Q She was murdered because she knew too much,

23 right?

24 A Excuse me? Are you attempting to insinuate

25 that I had something to do with that poor girl's death?

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Page 2428

1 Have you lost your mind?

2 Q You would deny that?

3 A I would deny it?

4 You're disgusting. Everyone knows that I

5 wasn't involved in it. That's disgusting.

6 Q How about Julie Timmerman?

7 A No. No. That is disgusting.

8 Okay. I was a criminal involved in

9 white-collar crime, involved in fraud and the like,

10 involved with the mob and corrupt politicians and

11 corrupt law enforcement. I'm paying for that.

12 Melissa Lewis was a good person. She didn't

13 know too much. She was killed by a psychopath.

14 And you're disgusting for doing that.

15 Q You gave Debra Villegas a house, right?

16 A Why drag her family through that? They're

17 going to have to read this, for your purposes, to defend

18 John Harris, who's guilty.

19 Q You gave Debra Villegas a house --

20 A You should be ashamed.

21 Q -- right?

22 THE WITNESS: I want five minutes. You

23 should be ashamed of yourself. You think I

24 should be in jail. You should be ashamed.

25 MS. BARZEE-FLORES: We'll talk about

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2429

1 Julie Timmerman when you come back.

2 THE WITNESS: You're a disgusting human

3 being. You're the only one out of this entire

4 group of lawyers. You are truly, truly a

5 disgusting human being.

6 MR. NURIK: Scott, relax.

7 (Thereupon, a recess was taken.)

8 THE WITNESS: Whenever you're ready.


10 Q When did you say you had stopped manipulating

11 people?

12 A I made a conscious decision to stop being the

13 person that I was during the course of all these crimes

14 on my return from Morocco.

15 Q But you agree that even after you returned

16 from Morocco, you manipulated people?

17 A That is a very vague question that may impinge

18 on the government's privilege. I'm going to need to

19 defer to them.

20 MR. LAVECCHIO: Point of clarification.


22 Q You acted in an undercover capacity?


24 MS. BARZEE-FLORES: I believe that was --

25 was that not discussed at the sentencing? I

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2430

1 believe it was.

2 MR. RABIN: Absolutely, it was.

3 MS. BARZEE-FLORES: I have the sentencing

4 transcript. Let me just hand it to you, and

5 then I can come back.

6 MR. LAVECCHIO: Is that the end of your

7 question?

8 MS. BARZEE-FLORES: Yes.

9 MR. LAVECCHIO: That's the only question?

10 MS. BARZEE-FLORES: Yeah.

11 MR. LAVECCHIO: Did you participated in

12 undercover --

13 Okay.


15 Q And I believe it was in your letter,

16 Mr. Rothstein.

17 MR. NURIK: We defer to the government on

18 this.

19 A I'm more than happy to answer it, if the

20 government allows me.

21 MR. LAVECCHIO: We don't have to spend a

22 lot of time on this. You can answer the

23 question yes or no.

24 THE WITNESS: Can you reask the question,

25 please?

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2431


2 Q You acted in an undercover capacity after you

3 came back from Morocco?

4 A Yes.

5 Q Let me ask you about Julie Timmerman.

6 A Yes, ma'am.

7 Q She was your law clerk?

8 A She was.

9 Q And she had been a hostess at a -- or some

10 type of employee at Bova, also?

11 A I believe she was. I don't recall whether she

12 specifically was or not. I think at one point in time

13 she did work at Bova.

14 Q And in the last year --

15 A Yeah, she did. She did.

16 Q And in the last year of the Ponzi scheme, you

17 gave her four $15,000 payments.

18 A I don't remember specifically whether it was

19 the last year, but there was a point in time when she

20 needed funds to complete law school and we gave her what

21 we had called "student loans" through the firm. It was

22 a decision that Stu Rosenfeldt and I made.

23 Q You were sleeping with her, though, right?

24 A There was a point in time when she and I had a

25 physical relationship. It was prior to her working for

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2432

1 me. It didn't continue.

2 Q And Ms. Timmerman, after the Ponzi scheme

3 imploded, is alleged to have committed suicide; is that

4 correct?

5 A It's my understanding that she did commit

6 suicide, yes.

7 Q Your bodyguard was pretty close to you, right?

8 A I believed him to be, yes. Are you talking

9 about Mr. Scandiffio?

10 Q Yes. Big Bob Scandiffio, he was close to you?

11 A That's what I just said, yes, ma'am.

12 Q And he also allegedly committed suicide after

13 the Ponzi imploded, right?

14 A My understanding from conversations with law

15 enforcement was that he did, in fact, commit suicide.

16 Q What did he know about you before he allegedly

17 shot himself in the head?

18 A Specifically, I don't recall everything he

19 knew. He was a confidante of mine who was with me

20 constantly. So I suspect he knew that I was -- well, he

21 did, in fact, know that I was committing crimes. He did

22 know that I was an adulterer.

23 Q You deny having much to do with any one of

24 those three deaths, right?

25 A I didn't have anything to do with those

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2433

1 deaths.

2 Q Every day you've been deposed, the morning has

3 started with a discussion of the oath you're taking,

4 right?

5 A A discussion? I'm put under oath each

6 morning.

7 Q Put under oath or somebody asks you are you

8 still under oath, there's always something about the

9 oath before we start questioning you, right?

10 A I think that's standard in a deposition, to

11 make my testimony be sworn testimony.

12 Q And you took an oath to tell the truth, right?

13 A Every day that I've been deposed.

14 Q And the lawyers -- when I mentioned discussion

15 before, the lawyers questioning you over these days have

16 often made a point that you're under oath or reminding

17 you that you're under oath, right?

18 A They made the point, and I made the point.

19 Remember this morning, I asked to be put under oath?

20 Q And you do that because you want folks to

21 believe that since you're taking an oath, you're saying

22 the truth, right?

23 A No, actually. I really want to not have to

24 repeat all this testimony again, and if I'm not under

25 oath, the deposition testimony can't be used. I am

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2434

1 telling the truth.

2 And yes, I do want people very much to

3 understand that I am, in fact, telling the truth.

4 Q You've violated oaths before, though, haven't

5 you, sir?

6 A In my prior incarnation, I certainly did.

7 Q You violated your oath as an attorney?

8 A I did.

9 Q You lied to judges?

10 A I did.

11 Q You put money, filthy lucre, ahead of your

12 clients' interests?

13 A Filthy lucre?

14 Q Yes. Money?

15 A Yes. I know what "lucre" is. I've just never

16 heard anyone use that in a question before.

17 Q It's in the oath, sir.

18 A I know it is. I remember the oath. I just --

19 "for lucre or malice," I remember that. Yes, I violated

20 that oath.

21 Q Your law firm's motto was passion, integrity

22 and commitment, right?


24 Q That was a lie?

25 A Actually, when -- if you say that like that,

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2435

1 you're actually offending a tremendous number of really

2 good decent lawyers because the bulk of the lawyers at

3 RRA believed in passion, integrity and commitment. They

4 were really good and decent people.

5 Q Not you, though?

6 A No. I was a very, very bad person. I think

7 we've established that, and I think I've clearly

8 admitted that.

9 Q You violated the oath of your marriage?

10 A I definitely did, yes. I already told you

11 that.

12 Q How many times did you do that?

13 A Too many to count.

14 Q You have perjured yourself?

15 A Prior to returning from Morocco, I certainly

16 did.

17 Q You have been known as the "Prince of

18 Darkness."

19 A Yes. That was a name given to me back when I

20 was a young lawyer.

21 Q Mr. Rothstein, during the time of your

22 criminal enterprise, you would agree you've been

23 charming?

24 A I think some would say I was charming; I think

25 some would say I was a flaming A-hole.

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2436

1 Q How about narcissistic?

2 A I definitely had a narcissistic personality,

3 yes.

4 Q You repeatedly committed criminal acts?

5 A Yes. I'm confident that that's clearly

6 established.

7 Q Repeatedly lied or conned people?

8 A I did.

9 Q You rationalized your having stolen from some

10 people?

11 A I did, along with my co-conspirators,

12 absolutely.

13 Q And you know, sir, that these are the classic

14 clinical symptoms of sociopathy?

15 A I'm sorry. I don't understand your question.

16 Q Have you heard of the word "sociopathy"?

17 A I certainly have.

18 Q You've heard people use the word "sociopath"?

19 A I certainly have.

20 Q And you know that these symptoms that I just

21 went over with you, charming, narcissistic, repeatedly

22 committing criminal acts, repeatedly lying or conning

23 people and rationalizing --

24 A You're asking me to diagnosis myself?

25 Q Well, you're seeing -- you have seen a

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2437

1 psychiatrist, have you not, sir?

2 A For acute anxiety disorder.

3 Q You've had this discussion with your

4 psychiatrist, have you not?

5 A I have not.

6 Q You've been prescribed sertraline?

7 A For acute anxiety disorder.

8 Q Do you know it is prescribed for sociopathy,

9 sir?

10 A No, actually, I didn't, until you just told me

11 that.

12 Q How do you know the prison doctor isn't just

13 telling you it's an anxiety disorder to put that in your

14 prison file so the government can use you as a witness?

15 A I've actually never --

16 ALL PRESENT: Objection.

17 A No, no --

18 MR. NURIK: Hold on. First of all, there

19 is a privilege with his doctors.

20 A Without waving any medical privilege, I have

21 never -- the entire time I've been incarcerated -- ever

22 seen a prison psychologist or psychiatrist or an outside

23 psychologist or psychiatrist, ever.


25 Q You have --

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2438

1 A The sertraline was prescribed to me by a

2 medical doctor.

3 Q For anxiety?

4 A That's what it's used for, yes. It was

5 actually the only drug, other than Paxil, that ever

6 worked for it.

7 Q You have no intention of dying in prison?

8 A I certainly hope not to.

9 Q You've always had a "plan B," haven't you?

10 A The only plan that I had is the plan I would

11 suggest your clients and the other people in here who

12 are guilty use, and that is come clean, talk to the

13 government, tell them what you did, pay for your crime,

14 hope that you get out while you still have a life to

15 live and go and be a productive member of society.

16 That's the suggestion I have for all the people that are

17 sticking their heads in the sand, including your

18 clients.

19 Q Southern Grant -- I'm sorry. Southern Grout

20 and Mortar, do you remember that?

21 A I do.

22 Q And I think we've heard the story about you

23 had a lawyer in your firm that botched some aspect of a

24 lawsuit on behalf of the owner of that company.

25 A Yes.

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Page 2439

1 Q And having had the problem of the botched

2 lawsuit, you had a "plan B," right?

3 A Well, I don't now if I had a "plan B."

4 Q You paid off the yacht, right?

5 MR. NURIK: Well, let him finish.

6 A Let me finish the answer.

7 My "plan B" was the fact that the owner of the

8 company is a criminal, okay, and it was very easy to fix

9 what we needed to fix. I paid money to him so that his

10 ex-wife wouldn't know what was going on and so that his

11 daughter and his CFO would not know what was going on.

12 It's not a "plan B." When you're doing

13 business with criminals, you don't need to have a

14 "plan B"; you just do.


16 Q Well, how about in the Morse cases, when Ed

17 and Carol Morse had a lawsuit and there was some problem

18 going down with that, didn't you have a "plan B" where

19 you had to create fake court orders to get out of it?

20 A You're misstating all of my prior testimony.

21 It's not a "plan B."

22 I had Ed Morse's son, who is the CEO and

23 president of the company, Ted Morse, involved in

24 criminal acts was me, including assisting me in stealing

25 from his father. I didn't need to have a "plan B." I

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2440

1 needed to talk to Ted and figure out what -- for lack of

2 a better phrase, what crime we were going to commit next

3 and do what it was. You call it "plan B"; I call it a

4 continuation of a criminal enterprise.

5 Q In late 2009, when you were afraid that your

6 Ponzi was going to implode without a big infusion of

7 cash, wasn't "plan B" to threaten the doctrine of mutual

8 destruction?

9 A Yes, along with other criminals, that's

10 correct. If you want to call it a "plan B" -- you're

11 trying to say that I -- if one thing wasn't working, I

12 tried something else, the answer is yes.

13 Q All right. And when the Ponzi scheme did

14 finally implode, your "plan B," rather than face the

15 failure, was to either flee to Morocco or kill yourself?

16 A It's not a "plan B." I don't think you're

17 listening to my testimony.

18 At some point in time, all these crimes were

19 going to be exposed. I made a conscious decision to

20 find a nonextradition country and flee to it.

21 While I was in the nonextradition country

22 sitting with plenty of money, as well as things that

23 could be sold for plenty of money, I made the

24 then-conscious decision -- maybe one of the only

25 decisions in my life I am truly, truly proud of, I made

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Page 2441

1 the decision to return to the United States, despite the

2 fact that I was in a nonextradition country, to turn

3 myself in, knowing that I was going to go to prison.

4 Q Once you were in Morocco --

5 A Something I suggest your clients and the other

6 guilty people do before it's too late.

7 Q Once you were in Morocco, you talked to your

8 lawyer, Mr. Nurik, right?

9 A I'm sorry?

10 Q Once you were in Morocco, you talked to your

11 lawyer, Mr. Nurik?

12 A I think we established on the 30th or the

13 31st, just prior to me deciding to come back, I spoke to

14 Mr. Nurik.

15 Q And you communicated with some of your

16 co-conspirators?

17 A I did.

18 Q By email, correct?

19 A Some by email, some by text.

20 Q What --

21 A Some by phone.

22 Q What email addresses were you using?


24 Q You had more than the Scott Rothstein law firm

25 email address?

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Page 2442

1 A No. You're saying what email addresses I was

2 using. That would mean email addresses I was writing

3 to, as well.

4 I used [email protected].

5 Q You did not write from any other email

6 address?

7 A I don't think I had any other email addresses.

8 Q While you were there, your plan became to come

9 back to the United States, right?

10 A My plan? It was a conscious decision I made

11 to turn myself in.

12 Q But it wasn't just to turn yourself in and do

13 your time, right?

14 A I made a decision to come back, turn myself

15 in, go to prison and tell the government everything I

16 knew about everyone else that had committed crimes.

17 Q Right. So you did --

18 A And everything about my crimes.

19 Q So you didn't just decide to come back and,

20 like a Bernie Madoff, take your sentence and spend the

21 rest of your life in jail --

22 A Are you --

23 Q -- that wasn't your plan?

24 A Whoa, whoa, are you suggesting that Bernie

25 Madoff, who worked to help other people that were in the

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2443

1 know get away with his crime, that I'm the same?

2 You're not even close. You're not even close.

3 Mr. Madoff should have taken me, and I'm proud to say

4 this, as an example as to what you do when you want to

5 do the right thing. He did the wrong thing. Because if

6 you think he did that by himself, then you don't know

7 anything about how these crimes work.

8 Q The point is, Mr. Madoff came back -- I mean,

9 Mr. Madoff got his sentence and is serving it; but

10 that's not what your plan was, right? Your plan was to

11 get a sentence and hopefully reduce it, right?

12 A At the time that I decided to come back, I had

13 no idea what was going to happen to me. The discussions

14 I had with my wife and other people that I was talking

15 to who were counselling me, revolved around the fact

16 that when I stepped back on U.S. soil, I could very

17 likely die in prison. Despite the fact that I knew that

18 it was a very real possibility, I came back.

19 Q Before you got on that plane in Morocco to

20 return to the United States, you had decided that you

21 were going to begin cooperating with the government in

22 the hopes of reducing your sentence?

23 A I had made a decision to come back and tell

24 the truth about everything I was involved in.

25 I had already been -- without getting into

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2444

1 anything that would waive attorney-client privilege,

2 okay, and my spousal privilege, okay, I was under the

3 belief that I could die in prison, regardless of what I

4 told anybody.

5 So I made a decision to leave what I believed

6 was a safe haven to come back to this. Okay.

7 Do I now hope that I will get a reduction? Of

8 course I do. Every single person in prison hopes they

9 will get out someday.

10 Q What sentence did you think you were facing?

11 A 100 years.

12 Q Before, before you left Morocco.

13 A Before I left Morocco?

14 Q Yes.

15 A Life.

16 Q But you believed at that point that you would

17 have enough information on other people that your

18 sentence might be reduced to a point where you would be

19 able to get out of jail?

20 A I didn't have any conscious decision about

21 that one way or the other. I hoped that my cooperation

22 would yield a reduction in my sentence --

23 Q At what point did you decide --

24 A -- but -- but --

25 Q Oh, go ahead.

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2445

1 A -- but --

2 Q I apologize.

3 A -- given the fact that I had practiced law for

4 some time, I also knew that it was a possibility, as I

5 do know sitting here right now, that I could end up

6 dying in prison. That is the fact of the matter.

7 Q And you don't want that to happen?

8 A No, ma'am. I do not wish to die in prison.

9 Q At what point did you decide to start

10 assisting the trustee and Mr. Scherer in this case?

11 A In order to answer that question, I would have

12 to give you attorney-client-privileged information, and

13 I'm going to --

14 THE WITNESS: Do you want to make this

15 objection?

16 MR. NURIK: You already did for me, but

17 that's okay.


19 Q At what time --

20 MR. NURIK: That's your privilege.

21 THE WITNESS: I'm invoking

22 attorney-client privilege. That's your

23 answer.


25 Q I'm not asking you what your lawyer told you;

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2446

1 I wouldn't ask you that.

2 I'm asking at what point did you decide to

3 start helping the Trustee and Mr. Scherer? Was it

4 before you left to Morocco?

5 A No.

6 Q It was after that, right?

7 A Well, it would have to be after that

8 because --

9 Q Was it before your sentence --

10 A Hang on. Wait. I'm answering.

11 When I left to Morocco, there was no Trustee;

12 and even when I came back, I didn't know there was going

13 to be a trustee. I had no idea what was going to happen

14 on the civil side of this. It was not something I was

15 thinking about.

16 I had -- I had one goal: come back, tell the

17 government everything I know, make sure the innocent

18 investors got their money back. That was it.

19 Q But then, at some point, you believed or came

20 to believe that if you helped the Trustee and

21 Mr. Scherer, you might get some credit for that for a

22 sentence reduction.

23 A Actually, you're 100 percent wrong.

24 My understanding is that while they're

25 certainly allowed to talk about anything that I've

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2447

1 helped happen, that my cooperation is evaluated based

2 upon my cooperation in criminal investigations and

3 criminal prosecutions. I don't think the Rule 35

4 statute says anything about civil anything.

5 My purpose in cooperating with Mr. Scherer and

6 Ms. Van Vliet and Mr. Lichtman and everyone else

7 representing innocent parties, is to make sure that, my

8 wish, that the innocent investors get all their money

9 back, actually comes to fruition.

10 Q You talked about Ponzi-speak. Let's talk

11 about prison-speak, since you're talking about Rule 35.

12 A I --

13 Q Now, you know that the government is the one

14 that files the Rule 35 motion, right?


16 A Yes.


18 Q And, in fact, it did, right?

19 A Yes.

20 Q And the Rule 35, as you just suggested, is a

21 motion that is filed when the government, in its own

22 estimation, has determined that you have provided

23 substantial assistance, right?

24 A I understand that's what the rule says.

25 Q Right. And that's what you were just trying

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2448

1 to cite to me a minute ago, right, what the rule or the

2 statute says, right?

3 A Cite to you? I was telling you what my -- you

4 asked me what my understanding was. I gave you my

5 understanding.

6 Q Okay. But you know, sir, that once the

7 government has filed the Rule 35 and you get back in

8 front of a judge, anybody can get up and talk about how

9 wonderful you are in the hopes that that might get the

10 judge to reduce your sentence, right?

11 A I believe it's up to the judge.

12 Q Right.

13 And it's up to the judge, just like it was up

14 to the judge the last time you were before him, right?

15 A It is completely in his hands.

16 Q Right.

17 And the last time you were before him,

18 although it was totally in the judge's hands, you had

19 somebody get up and speak on your behalf, did you not?

20 A I'm sorry, who spoke on my behalf, other than

21 me?

22 Q Mr. Nurik spoke on your behalf, did he not?

23 A He's my lawyer.

24 Q Okay. And he was there and he spoke on your

25 behalf, right?

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2449

1 MR. NURIK: I would hope so.

2 A If he got up and said things that were not on

3 my behalf, that would have been a little problematic,

4 right? He's my lawyer. His job --


6 Q And the --

7 A Hang on. I'm answering questions, and I know

8 you want to stay on your roll, but I want to make sure

9 the record is clear.

10 He got up representing me. Okay. And make no

11 mistake about it, Mr. Nurik was furious with me.

12 Q And the reason he got up and argued on your

13 behalf was to attempt to convince the judge that what

14 you deserved was a sentence of 30 years not 40 years

15 like Mr. Lavecchio was asking?

16 A Yes.


18 Q Okay. And you had a letter from Herb Stettin

19 that was presented to the judge, right?


21 Q Do you know who Herb Stettin is?

22 A I do.

23 Q And you don't recall him having written Judge

24 Cohn a letter for you?

25 A It's kind of a blur. I remember my mom wrote

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2450

1 a letter. My sister wrote a letter. I remember now,

2 because we talked about it earlier in testimony,

3 Mr. Scherer wrote a letter.

4 Q And the point --

5 A I remember that there was a really -- now,

6 because I hadn't seen it before -- nasty letter written

7 by Coquina.

8 Q The point of all those letters, the good and

9 the nasty, were to influence the judge in the judge's

10 sentencing determination, right?

11 A I believe the purpose is to properly educate

12 the judge so he can make as informed decision as

13 possible, yes.

14 Q So, now that the government has filed a

15 Rule 35, you'll have another sentencing hearing before

16 Judge Cohn, right?

17 A I don't know. I don't know if there's going

18 to be a hearing or not.

19 I understand it could be done by the Court; it

20 could be done without me there. I don't know what will

21 happen.

22 Q Do you hope to have a hearing?

23 A I hope to get a Rule 35 reduction for my

24 substantial assistance --

25 Q You want somebody to tell the judge what you

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2451

1 did?

2 A Why are you cutting me off? Just let me

3 finish, please.

4 I hope to have a Rule 35 substantial

5 assistance reduction. How we get there, that's up to

6 the judge and the government; it's not up to me.

7 Q Don't you hope that there's a hearing that

8 Mr. Lavecchio gets up, asks and tells the judge about

9 how much you've done?

10 A If that is going to help educate the Court,

11 then yes, I hope there's a hearing. If the Court

12 doesn't require that information or to hear from me or

13 to hear from other people, then that's what will happen.

14 Q And you hope that at such a hearing, your

15 lawyer will have an opportunity to tell the judge what

16 you've done and how you deserve to have your sentence

17 reduced?

18 A I hope that all the information about

19 everything that I've done since my return from Morocco

20 is presented in full to the Court; and I hope that he's

21 fair with me, that he considers everything that I've

22 done before and after and comes to a fair determination

23 for me. That's my hope.

24 Q And you hope Herb Stettin provides the judge

25 with information that the judge might find favorable to

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2452

1 you?

2 A I think I've answered this over and over.

3 I hope that every single person that has

4 something to offer about anything positive that I have

5 done since my return from Morocco is heard so that the

6 judge can make a fair decision based upon everything

7 that he should consider to determine whether or not I'm

8 entitled to a reduction.

9 Q And you believe that the more the judge hears

10 that's favorable about you, the more likely it will be

11 that the judge will reduce your sentence?


13 A I don't know that it's like a "more" thing. I

14 think it's the -- an examination of my cooperation. I

15 don't know that it's like you stack all the cooperation

16 up. It's based upon the quality of my cooperation.


18 Q Let's talk about that, Mr. Rothstein.

19 When you talk about the quality of your

20 cooperation and the quantity of your cooperation,

21 certainly, if your cooperation entails nothing more than

22 advising the government about somebody who had passed a

23 fake check once at a bank, you could not expect a

24 sentence reduction as large as you might expect if you

25 provided information that led to the indictment of five

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2453

1 people, including a politician or a judge, including a

2 lawyer or a doctor, correct?

3 A Or a banker.


5 A I believe that that is a fair statement, that

6 the judge -- that the government, first, will evaluate;

7 and then the judge will evaluate it, based upon the

8 quantity, but more importantly, the quality of my

9 cooperation.


11 Q And certainly, if Judge Stettin (sic) and

12 Mr. Scherer and Mr. Lichtman come in and say to the

13 judge, not only did he help the government, but he

14 helped us, and he helped our clients, who deserve to be

15 helped, that that may help you get your sentence reduced

16 further?

17 A Assuming that the Court wishes to consider

18 that, that would be helpful; but I can't guess as to

19 what he's going to consider or not consider.

20 Q But you can tell us --

21 A The only thing I know about --

22 Q -- what you hope.

23 A Yes, I hope he considers everything that I've

24 done, sure.


21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2454


2 Q Who bought the clothes you've been wearing

3 these last two weeks?

4 UNKNOWN SPEAKER: Object to fashion.

5 A I bought the sneakers. My wife bought me the

6 watch. I bought my underwear. Mr. Nurik loaned me my

7 belt, and he brought me a pair of jeans and this shirt.


9 Q You've had more than one shirt --

10 MR. NURIK: Which, for the Court, I will

11 add to my bill.


13 Q You've had more than one shirt; Mr. Nurik

14 bought you the shirts you've been wearing?

15 A Three.

16 MR. NURIK: Target.


18 Q You said you bought your sneakers; is that

19 with money out of your commissary account?

20 A It's money I earned, actually, in prison,

21 teaching.

22 Q Does anybody put money in your commissary

23 account?

24 A Yes.

25 Q Who?

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2455

1 A My wife. My parents. My sister.

2 Q How old are you?

3 A 49.

4 Q And you've been in for a couple of years,

5 right?

6 A Two years this past December 1st.

7 Q Assuming you have the opportunity to get up

8 before Judge Cohn for a resentencing, what do you hope

9 for?

10 A Say this again? I lost you.

11 Q Assuming you have the opportunity to get up

12 before Judge Cohn for resentencing, what do you hope to

13 get?

14 A I don't -- I don't know what a resentencing

15 is. Are you talking about --

16 Q A second sentencing, sir; you've been

17 sentenced once, have you not?

18 A Yeah, but I don't think it works that way. I

19 think that there's a Rule 35 hearing, and then he enters

20 an order on the Rule 35.

21 I don't think -- I've read some of the case

22 law. I don't think you actually go through a

23 resentencing.

24 Q What do you hope the sentence is --

25 A As a matter of fact, I think there's case law

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2456

1 that says it's not a resentencing because that would

2 trigger certain other things that they don't want to

3 trigger.

4 Q What do you hope your sentence is?

5 A Whatever is fair. I mean, I would love to get

6 out as soon as possible. Prison is a very bad place.

7 Okay. I know there's a lot of talk about where I am and

8 stuff, and I can't talk about that; but make no mistake

9 about it, I'm in prison, okay. It's a very bad place,

10 and I can tell you with 100 percent certainty there is

11 nobody in there that does not want to go home today.

12 I would like to go home today. That is wholly

13 unrealistic. Okay. I would like to go home today.

14 Q Before your incarceration, you lied for money,

15 right?

16 MR. SCHERER: Object, form.

17 A Yes.


19 Q And you used a pitch to get what you wanted?

20 ALL PRESENT: Object, form.

21 A Yes.


23 Q Your hope to get out of prison today is a

24 reason for you to lie, isn't it?


21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2457

1 A You apparently are not paying attention to

2 what Judge Cohn is all about, the magnitude of my crime

3 and what I'm facing. You're -- you've got to pay

4 attention to what's going on. Okay.

5 My hope to get out is solely, solely based

6 upon my telling the truth about everything I know.

7 MR. SCHERER: Withdraw my objection.


9 Q You have --

10 MR. LICHTMAN: We object to that

11 question.


13 Q You have at least 50 reasons to lie, don't

14 you?


16 A In prison we actually count it by days.


18 Q How many days have you got?

19 A I don't know. A lot. A lot. Over 10,000, I

20 think.

21 Q So over 10,000 reasons to lie?


23 A No. You, again --

24 MR. NURIK: Just answer.

25 A The answer is no. I have the opposite of what

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2458

1 you're saying. Okay. I have every reason,

2 10,000-something reasons, okay, to tell the truth.

3 MS. BARZEE-FLORES: Nothing further.

4 THE WITNESS: Sam, do you mind if we take

5 five minutes?

6 MR. RABIN: No, that's fine.

7 (Whereupon, a recess was had.)

8 MR. SCHERER: This record closes at

9 12:00.

10 MR. NURIK: Let's go. I'm going to ask a

11 few questions at the end just to clarify some

12 points so -- but we -- go ahead.


14 BY MR. RABIN:

15 Q Okay. Good morning again, Mr. Rothstein.

16 A Good morning, Mr. Rabin.

17 Q All right. First I just want to pick up on a

18 few points. Then I want to go into a completely new

19 area.

20 You said in response to questions this morning

21 that you were amazed that people would write so many

22 incriminating things in emails, correct?

23 A Yes.

24 Q All right. Was it your conscious desire to

25 try to avoid writing incriminating things in emails?

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2459

1 A It was and it wasn't.

2 There were times when I was very careful not

3 to put incriminating things in emails, and looking back

4 on it, there were times when I wrote things I probably

5 shouldn't have written.

6 Q Would it be fair to say that you were

7 conscious of the fact you were trying to leave as few

8 trails as possible of your illegal acts?

9 A At times I was and at times I wasn't.

10 Q The subject of tax fraud has come up at least

11 two or three times in the course of this deposition; and

12 each time, you've said that you committed fraud the

13 wrong way because, I guess, you're suggesting that you

14 paid more taxes than you should have?

15 A I did.

16 Q Okay. Did you include in your taxes all of

17 the cash that you were pulling out in cash and using in

18 your various assorted and sundry matters?

19 A Not by listing it as cash, but I more than

20 accounted for it in the income that I -- that I

21 declared.

22 Q Okay. So you didn't specifically indicate the

23 amount of cash on your tax return that you were -- that

24 you were using or that you had?

25 A I didn't say it was cash. I -- it was more

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2460

1 than included.

2 What I did was, so you know, Mr. Rabin, was, I

3 wanted to avoid an audit; or if I got an audit, I wanted

4 them to, as they were going through it, determine that,

5 wait a second, this guy doesn't owe any taxes, if

6 anything we owe him money.

7 So I instructed Tracy Weintraub to inflate my

8 income by tens of millions of dollars, which he did.

9 Q So, essentially, what you're saying is you

10 paid more taxes, but you lied about the manner in which

11 you did it?

12 A Yeah. I'm not -- by no means, Mr. Rabin, I'm

13 not trying to excuse my conduct. I'm not saying I

14 didn't commit fraud on the IRS. I'm just pointing out

15 the fact that I kind of did it in a backwards fashion.

16 Q Another theme that you've developed through

17 the course of this deposition in your answers is that

18 you told the people that were involved in your Ponzi

19 scheme just what you needed to tell them in order to get

20 them to do the things that you needed them to do; is

21 that fair to say?

22 MR. SCHERER: Objection. Form.

23 A Certain people, I told them just what they

24 needed to know. Certain people, I probably told them

25 too little; and certain people I told too much. It just

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2461

1 varied.

2 BY MR. RABIN:

3 Q Okay. I want to break these down into groups

4 and try and get your best recollection as to what you

5 told different people in order to engage them in your

6 scheme. And I want to start first with the people in

7 your law firm. Okay?

8 A Sure.

9 Q All right. Russell Adler, you generally

10 described the fact that he helped you round up other

11 lawyers to provide false verifications that they were

12 either sending business or cases to your firm, correct?

13 A That is one of the things that he did, yes.

14 Q And what was the -- what was it that you told

15 him was the reason why you needed those lawyers?

16 First of all, was it honest or a lie and what

17 was the --

18 A No, it was honest.

19 Q Okay. And what -- it was honest, what you

20 told him?

21 A I told Mr. Adler -- to the best of my

22 recollection, I told him that we had the hedge funds

23 coming in town and that in order to convince them to

24 continue to do business with us, that I needed these

25 people to lie about the number of cases we had.

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2462

1 Q So, essentially, what you're saying is, you

2 honestly told him aspects of the scheme or he already

3 knew aspects of the scheme and you told him the honest

4 purpose for which you were lining up these lawyers? Is

5 that what you're saying?


7 A I don't understand the question but you

8 have --

9 BY MR. RABIN:

10 Q Let me rephrase it.


12 BY MR. RABIN:

13 Q I don't want you to answer a question you

14 don't understand.

15 Is your -- what you just summarized or just

16 testified to is that you told Adler that you needed

17 these lawyers to provide false information?

18 A I told Adler -- yes, I told Adler I needed

19 these lawyers to lie.

20 Q Okay. David Boden, generally what was David

21 Boden's role?

22 A He was my general counsel, and he ran a

23 sub-Ponzi scheme, as we've come to call it.

24 Q All right. And what was the lie that you told

25 or the honest information that you gave David Boden in

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2463

1 order to let him get involved in your scheme?


3 A I would have to see all the email traffic with

4 him to break that down for you, Mr. Rabin.

5 There were things that I told him that were

6 true about the scheme. There were things that I told

7 him that were false about the scheme. There were things

8 he told me that were true about his scheme and things

9 that he told me that were false about his scheme.

10 There was -- David and I were engaged in so

11 much lying back and forth that without seeing that email

12 traffic, there's just no way I can pinpoint that for

13 you.

14 Q So --

15 A It's impossible.

16 Q Well, you wouldn't put lies in an email,

17 though, would you?

18 A Of course I did.

19 Q You did?

20 A I think I've been saying that for now eight

21 days and a couple of hours.

22 Q So without looking at the emails, is it your

23 testimony that you have no independent recollection of

24 anything that you told David Boden regarding what you

25 needed to say to get him to help you?

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2464

1 A It's not that I don't have -- I mean, I can

2 sit here and start -- try to think about it, but giving

3 me the emails would refresh my recollection and make it

4 a lot easier on all of us.

5 Q And that also has been a common theme

6 throughout the course of the eight days or nine days;

7 but what I'm asking you for today is your best

8 recollection. Because, as you can appreciate, there may

9 not be email trails as to what you told people in your

10 conversations with them. So I'm asking you what was

11 your best recollection or what is your best recollection

12 regarding what you told Boden.

13 MR. NURIK: Are we talking about in

14 emails or in conversations?

15 BY MR. RABIN:

16 Q No. Conversations.

17 A In conversations, I -- let me do it by way of

18 giving you some examples, and maybe you can ask me

19 questions as follow-up that will get you to where you're

20 trying to go.

21 At one point in time I had to explain to David

22 Boden how to use the fake TD website. I took him in,

23 and I showed him how to utilize it, how to log in, how

24 to avoid going to the wrong places that would actually

25 take him to a real TD website.

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2465

1 BY MR. RABIN:

2 Q Did you --

3 A Prior to that a --

4 Q Just let me ask a follow-up question, and then

5 you can continue.

6 A Sure, sure.

7 Q Can you tell him what the purpose of the fake

8 TD Bank website was when you showed him that?

9 A I -- he knew what it was. That's why he

10 wanted to use the fake TD website; he was going to use

11 it to induce his investors.

12 Q Okay. Go ahead.

13 A By the same token, early on, before he knew

14 there was a Ponzi scheme, I told him that these were

15 legitimate investments, so he had heard both. It was

16 much like that with many people who originally thought

17 that what we were doing was legitimate; and as they came

18 to detect red flags, realized that there were crimes

19 going on, and they, themselves, made the decision to get

20 involved, based upon requests that I made of -- for them

21 to do various things.

22 I told him in conversations to be very careful

23 what he wrote to me, that I didn't know whether Curtis

24 or Bill Corte -- and this is a specific conversation,

25 because I remember thinking at some point in time that

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2466

1 someone was reading my emails because certain things

2 looked open.

3 And I remember telling him, be careful what

4 you write to me -- this was towards the end, let's say

5 from June, July, until the implosion -- be very careful

6 when he was writing to me because I was afraid that

7 someone might be reading my emails. I was going to try

8 to increase the security level on our email system and

9 the encryption.

10 I told him to be very careful what he told

11 Pearson, Richard Pearson. He told me that I didn't need

12 to worry about Pearson.

13 Do you want to give me some other topics with

14 him and I can give you some additional information,

15 because there's a lot more. I mean, I had a lot of

16 conversations. I consulted at length with him the fraud

17 I was committing with Tracy Weintraub, because David was

18 a very, very bright corporate-paper man.

19 And there was a time -- actually, I had

20 detailed conversations with him on an opinion letter

21 that he was having to prepare. I think it was for Barry

22 Florescu. It might have been for one of his other

23 investors.

24 I had detailed conversations with him -- this

25 was about the fraud -- about how Frank Preve and I and

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2467

1 the other people that were involved in putting together

2 prior opinion letters, had placed the false information

3 in there.

4 I had conversations with him about what to

5 show people and what not to show people and how best to

6 sell the product.

7 I gave him extensive one-on-one--- let's call

8 them primers on how to sell product.

9 I mean, David was a confidant. There's a lot

10 that I told him.

11 Q Okay. Let me move on to yesterday, I believe

12 it was, you identified Adelita Cabello as a Stuart

13 Rosenfeldt's paralegal and the person that you had act

14 the part of a Florida Bar lawyer?

15 A Correct.

16 Q How many times did she do that?

17 A Once.

18 Q Okay. And was that the only time you had

19 somebody pose as a Florida Bar lawyer?

20 A To the best of my recollection.

21 Q Okay. And what was it you told Ms. Cabello in

22 order to get her to do that?

23 A I gave her some specific questions that they

24 were going to ask. I briefed her on how to answer them,

25 and I told her that if they asked anything that she

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2468

1 couldn't answer or was uncomfortable answering, to

2 simply say that that's Bar privilege or something to

3 that effect, that she couldn't get into that.

4 Q Mr. Rothstein, that wasn't the question I

5 asked you. My question was: What did you tell her was

6 the reason for her --

7 A I'm sorry.

8 Q -- to do that?

9 A I misheard you.

10 Q Okay.

11 A I didn't tell her the reason.

12 Q And you're saying that she didn't ask why she

13 needed to do that?

14 A She may have, but a lot of my people were

15 extremely loyal, and they were, unfortunately, used to

16 being asked to do things that were not appropriate.

17 My opinion is, is that that's the way she

18 perceived this and she wanted to be a good, quote,

19 unquote, soldier, and she just did it.

20 Q Was she given any cash?

21 A She was not.

22 Q Okay. Marybeth Feiss was somebody that was

23 involved in drafting fake documents?


25 Q All right. You have already said that with

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2469

1 Debra Villegas, that the lie that you told her was that

2 the Mafia was after you and that's why you needed these

3 fake documents, right?

4 A Yeah. Sometimes in the middle of the scheme,

5 when Debra was getting very concerned about continuing

6 it -- this was in 2009 sometime -- I told Debra that I

7 had to continue it, that the mob was involved. That was

8 a lie.

9 Q Okay. What was the lie that you told her in

10 order for her to start doing it, then?

11 A I didn't tell her any lie to start doing it.

12 Q She just -- did she just basically, willingly

13 engage in a crime with you without any preconceived

14 misconceptions?

15 A Actually, one of the things you're going to

16 see through -- in the entire thing, this applies to

17 Debra and many others, is that there is a very slow,

18 apparently smooth glide into the criminal activity. It

19 starts with little things and it grows.

20 So, yes, there is nobody that I can think of

21 off the top of my head that was involved in any -- even

22 the tentacles of this massive crime, that I said, hey,

23 we're going to commit a crime or said, I'm going to

24 commit a fraud or even anything of that nature. We just

25 started doing things. You ask people to do things, and

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2470

1 you see whether they're going to do it or not. You

2 gauge their response. That's what would happen.

3 That's --

4 Q Okay. Mr. Rothstein, I'm going to try -- and

5 if you can, just focus on my questions, rather than the

6 speeches. It's very narrow. I'm just trying to find

7 out with each of these people, what you told them to get

8 them to work with you. Okay?

9 A All right.

10 Q Thank you.

11 All right. We left off at Marybeth Feiss.

12 What did you tell Marybeth Feiss?

13 A I don't recall telling her anything. I think

14 Deb filled her in.

15 Q So you don't recall any specific conversations

16 with her before she started preparing fake documents?

17 A Other than asking her to hand me documents or

18 make sure I get documents on time, no. I think Deb

19 filled her in on all that.

20 Q Did she leave your firm?

21 A For a period of time, yes.

22 Q Before everything blew up?

23 A Yes. And then she came back, I think.

24 Q When she left your firm, do you know where she

25 went?

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2471

1 A I don't. She had told me that she was leaving

2 to go take care of her children, but Debra told me that

3 she was leaving because she was concerned about what was

4 going on with all these documents.

5 Q Were you concerned when she left that she

6 might go to the authorities with the information that

7 she had?

8 A Yes.

9 Q Same question for Melissa Lewis, she left for

10 a period of time, correct?

11 A Melissa had no idea what was going on.

12 Q Okay. You don't -- you know she was best

13 friends with Villegas, right?

14 A Yes.

15 Q And Villegas knew everything that was going

16 on, pretty much?

17 A Debra knew a lot, yes.

18 Q You really can't sit here and say what

19 Villegas told Lewis, could you?

20 A No, but I was never under the impression, in

21 my opinion, that Melissa knew anything.

22 Q Okay. And with respect to Debra Villegas, you

23 said that she started out just doing illegal things; but

24 at some point in time, she kind of like was -- became

25 reluctant. And then you told her, in order to keep her

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2472

1 going, about the mob, correct?

2 A She became very concerned. Sometime in 2009

3 she became concerned, and I made up the story about my

4 life being in danger.

5 Q Did you know that her -- at Ms. Villegas'

6 sentencing, that she told the judge that the reason she

7 got involved in this from start to finish was because of

8 your story about the mob?

9 A That would actually be incorrect.

10 Q So she would have lied, then, if she said

11 that?

12 A That would be a false statement, sir. Yes.

13 Q Okay. Steve Goldstein, you identified him as

14 the lawyer who posed as a Judge Marra?

15 A Scott Goldstein.

16 Q I'm sorry. Scott Goldstein.

17 I know Steve Goldstein.

18 A Be careful, you could hurt another lawyer.

19 Q Scott Goldstein.

20 Change that. I'm sorry.

21 He was the lawyer that posed as Judge Marra?

22 A Yes.

23 Q Did he pose as any other judges?

24 A He posed as a circuit court judge once or

25 twice.

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Page 2473

1 Q Well, the circuit court judge whose name you

2 forged on the order was a female, wasn't it?

3 A I don't recall.

4 Q Susan Black?

5 A No. Susan Black was an appellate court judge.

6 Q Right.

7 A I'm sorry, Mr. Rabin, state circuit court.

8 Q Okay. So this Scott Goldstein posed as Judge

9 Marra. Do you know who else he posed as?

10 A Whoever the real male judge was in one of the

11 Morse cases.

12 Q Okay. And what -- what did you --

13 A Sorry.

14 Q Did you tell Scott -- is something funny?

15 A Actually, yes. I just remembered Ted Morse

16 saying to me when I said he posed as this other judge,

17 Ted actually said to me at the time that he played -- he

18 had played the circuit judge first; and when he played

19 Judge Marra, Ted actually said to me, you need to get

20 someone else to play one of the other judges because

21 their voices sound the same and my father said something

22 to me about it.

23 That is what was funny.

24 Q Were both of the roles he played, both of the

25 judges he played, interacted with Mr. Morse, the elder?

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2474

1 A Yes.

2 Q Is that what you're saying?

3 A Yes, that was the purpose.

4 Q And what did you tell Scott Goldstein in order

5 to get him to do that?

6 A I told Scott Goldstein that Ted did not want

7 his father involved in anymore litigation and that Ted

8 was going to ultimately fund settlements to get -- he

9 was going to funnel money through us and get back to Ed

10 to make Ed think he won these things so this could all

11 be done with, and this was part and parcel of that plan

12 and we were assisting Ted to do this.

13 Q So you essentially fabricated an entire story

14 for Scott Goldstein in order to get him to play the

15 role --

16 A Yes.

17 Q -- fair enough?

18 A Ted and I did, yes.

19 Q I know you're saying, well, Ted did it. I

20 understand, but I am just asking about what you did.

21 Okay.

22 A I understand that, but what I did was with

23 somebody. So if you're asking me what I did, I'm going

24 to tell you what I did and with whom.

25 Q Okay. Howard Kusnick, he was a lawyer who --

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2475

1 was he with your firm at one point and then left?

2 A Ted and I -- not Ted and I.

3 Howard and I were partners many years before

4 that. Then we split up, and then he joined my firm.

5 Q And then he ultimately participated by writing

6 fake letters and saying that he sent cases to you, a lot

7 of cases to your firm?

8 A I don't think he was a referral. I don't

9 think he faked the referral thing. He wrote fake

10 letters.

11 Q Okay. What did you tell him to get him to

12 write fake letters?

13 A I didn't tell him anything.

14 Q You had to tell him something to get him to

15 write a letter. What did you tell him?

16 A Write this letter.

17 Q So just it was a command from the head of the

18 firm -- write a letter -- with no explanation?

19 A No. Howard was a criminal from way back; it

20 was not complicated to get him to do that.

21 Q Okay. Steve Lippman was a lawyer in your

22 firm?

23 A Yes.

24 Q What generally did he do?

25 A Commercial litigation.

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2476

1 Q What type of -- what was his involvement in

2 your criminal activities?

3 A Massive check kiting, money laundering, lying

4 to clients --

5 Q Okay. And what did you have to tell him to

6 get him to play along?

7 A -- bank fraud.

8 Q What did you have to tell him to get him to

9 play along?

10 A Nothing.

11 Q Nothing? He just was a criminal from way

12 back, as well?

13 A I don't know. He appeared to me to have a --

14 to be what's called loosey-goosey when I first met with

15 him to join in my firm because he wanted me to engage in

16 income tax evasion as part of his compensation package.

17 Q Okay. You mentioned this lawyer, Ken

18 Padowitz, several times during the course of this

19 deposition as somebody who you had, I guess, write a

20 letter?

21 A Opinion letter, yes.

22 Q Okay. And you indicated the opinion letter

23 was about things that you and Preve drafted that you

24 believe Padowitz had absolutely no knowledge about?

25 A To the best of my knowledge, he had no idea

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2477

1 what that letter was about, as far as the contents of

2 it. He didn't know the -- understand the intricacies of

3 that area of the law.

4 Q What was it that you told Mr. Padowitz in

5 order to get him to write that letter?

6 A To best of my recollection, I simply told him,

7 I need this letter, put it on your letterhead, and I

8 paid him for it.

9 Q How much did you pay him?

10 A I think five grand. Maybe 2,500, maybe five

11 grand.

12 Q Check or cash?

13 A Cash.

14 Q And I assume there is no witnesses to the

15 payment, right?

16 A No. Adler is a witness to me asking him to do

17 it.

18 Q That wasn't my question.

19 Were there any witnesses to the payment?

20 A I think I was just thinking out loud,

21 Mr. Rabin. I'm sorry.

22 Q That's all right.

23 A I don't believe there were any witnesses to

24 the payment. There may have been.

25 Q Well, there may have been, that's not --

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2478

1 doesn't make an absolute answer. Who may have been a

2 witness, then?

3 A I can't give you an absolute answer. There

4 may have been a witness, because I handed him the

5 money -- here's the problem. Where his office was

6 situated, there was a lot of foot traffic, and I simply

7 walked into his office and gave him the money.

8 Q And did you give him any reason at all why you

9 needed the letter?

10 A I did not tell him why I needed the letter.

11 Mr. Padowitz, I had known, had engaged in substantial

12 amounts of fraud previously. He was -- he's one of

13 those guys that you know, you pay him, he'll put it on a

14 letter, anything for a buck.

15 Q What other fraud did you know he had engaged

16 in?

17 A Fraud involving his judicial campaign, and he

18 had lied during the course of various cases that he was

19 handling when he was a partner of Russ Adler's.

20 Q All right. Stuart Rosenfeldt, you talked

21 about him a lot during the course of the deposition.

22 What is it that you had to tell him in order to get him

23 involved in your scheme?

24 A Nothing.

25 Q So he knew from the beginning that it was

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2479

1 criminal and willingly engaged in it?

2 A At the time he discovered what was going on,

3 which was simply by looking in the accounts and asking

4 me where the money was coming from, yes, he knew I was

5 involved in criminal activity and then he knew he was

6 involved in criminal activity.

7 Q Irene Stay was your chief financial officer?

8 A Yes.

9 Q And she was moving money between and among

10 your various accounts, actually doing the transactional

11 side of it?

12 A Yes.

13 Q Did you ever explain to her what you were

14 doing with the movement of money?

15 A I didn't need to.

16 Q Why not?

17 A Because Irene was a -- involved in fraud way

18 back when I first met her when she was the bookkeeper

19 for a law firm called Phillips, Eisinger Koss. It later

20 became Phillips, Eisinger, Koss, Rothstein & Rosenfeldt.

21 She was regularly engaged in fraud with the senior

22 partners of that firm, Gary Phillips and with Dennis

23 Eisinger, involving accounting and tax evasion and the

24 like.

25 Q How did you know that?

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2480

1 A Because I was part of this.

2 Q You were part of that fraud?

3 A I received money from it.

4 Q Okay. Did you have an intimate relationship

5 with Irene Stay?

6 A I'm sorry?

7 Q Did you have an intimate relationship -- I'm

8 trying to be delicate.

9 A No. I didn't realize when your said

10 "intimate." Nevermind what I thought you said.

11 No, I did not.

12 Q How about Debra Villegas?

13 A No.

14 Q Okay. And Debra Villegas, you said that --

15 about halfway through, that you mentioned that the mob

16 story to her, correct?

17 A I don't remember if it was halfway. My

18 recollection is it was 2009 some time, when the things

19 were getting really crazy in the office.

20 Q Well, 2009 is more than halfway through,

21 actually, would it be?

22 A That's why I said I don't know that it would

23 be halfway.

24 Q All right. And now I want to talk about TD

25 Bank. I think you identified three different people at

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2481

1 the bank who you had interaction with, if I'm not

2 mistaken, Spinosa, Caretsky and Kerstetter, correct?

3 A You are going to have to define "interaction."

4 Q Well, in terms of helping you with any aspects

5 of your scheme, that you were aware of?

6 A Ms. Kerstetter, all she did was hand me an

7 envelope. I do not know anything else about the extent

8 of her knowledge. You'd have to talk to Mr. Boockvor or

9 Ms. Caretsky or Mr. Spinosa.

10 Q Did you have any conversations with

11 Ms. Kerstetter about what she was doing in terms of

12 helping you?

13 A To my recollection, no.

14 Q Okay. With respect to Ms. Caretsky, you

15 testified previously that she was given money and helped

16 you with the switches of statements. What did you tell

17 her to get her involved?

18 A I told her, as I testified previously, that I

19 needed to convince clients of mine that I had more money

20 in the bank than I did in order to get them to give me a

21 substantial increase in my business.

22 Q Okay. And do you recall when you told her

23 that?

24 A I do not.

25 Q Okay. With Mr. Spinosa, you -- he prepared a

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2482

1 series of letters that have come to be known as lock

2 letters at your request, correct?

3 A Yes.

4 Q The first one was August 17th; do you recall

5 that?

6 A I don't.

7 Q Well, let's just -- let me ask the question

8 differently, then.

9 A Sure.

10 Q What was it you told Mr. Spinosa in order --

11 when you requested the first letter?

12 A I don't recall, specifically.

13 Q So as you sit here today, you don't recall

14 what explanation you gave him for requesting the letter?

15 A I would have to really sit down and read the

16 email traffic to see what I said and how I said it. I

17 don't recall what reason I gave him for the letters,

18 except to tell him that I needed them.

19 Q You would not have told him some illegal or

20 improper reason; is that fair to say?

21 A I don't know what I told him. I don't know

22 what I told him. I would have to look at the email

23 traffic and see if it refreshes my recollection.

24 Q Is there anybody else at TD Bank that you can

25 recall that you had any interaction with?

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2483

1 A Illegal interaction?

2 Q Yes.

3 A No.

4 Q Okay. Gibraltar Bank, the other bank that you

5 testified about, I think you mentioned two different

6 names, Mr. Harris and Mr. Hayworth?

7 A And Ms. Ellis.

8 Q And Ms. Ellis. Okay.

9 Ms. Ellis, generally, what was her role?

10 A She was a bank manager.

11 Q What did she do to help you, if anything?

12 A She kept us apprised of problems with our

13 accounts, helped us move money around. I never had any

14 discussions with her, so the record is clear about

15 criminal activity.

16 Q So you never spoke to her at all?

17 A Oh, I spoke to her a lot.

18 Q About anything related to either criminal

19 activity or reasons to ask her for favors, anything?

20 A The only things that I said to Lisa would be

21 contained in emails, and I don't recall, other than

22 giving her carte blanche to move money around in a

23 manner that was certainly, by my way of thinking,

24 suspicious, I didn't have any conversations about

25 illegality with Ms. Ellis.

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2484

1 Q All right. Steve Hayworth, he was president

2 of the bank?

3 A Yes.

4 Q All right. You --

5 A CEO.

6 Q Sorry?

7 A CEO.

8 Q CEO.

9 You ultimately invested in that bank?

10 A I did.

11 Q Did you ever have any conversations with him

12 about what you were doing?

13 A About what I was doing?

14 Q Yes.

15 A No.

16 Q All right.

17 A Only about the BSA.

18 Q I'm sorry?

19 A Only about the BSA AML issue.

20 Q And that conversation, there was one of those?

21 A One or a couple. It was the same

22 conversation, though, very brief.

23 Q And ultimately you invested in the bank,

24 correct?

25 A I did.

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2485

1 Q You never told him the source of the funds

2 regarding your investment, did you?

3 A No. He could see the source of funds.

4 Q Which were?

5 A I took it from somebody who had sent money to

6 one of my trust accounts.

7 Q Essentially you concealed from him any illegal

8 activity that you were conducting, correct?

9 A No, no, no, the whole purpose of my investment

10 was based upon his illegal statement -- what I believe

11 was an illegality, telling me that they don't

12 investigate shareholders of the bank.

13 Q Okay.

14 A That was the triggering event.

15 Q And based upon that claimed conversation, you

16 invested in the bank?

17 A It's not a claimed conversation. It happened.

18 That's why I invested in the bank.

19 Q When you say that, there is no witnesses to it

20 but Scott Rothstein, correct?

21 A And John Harris.

22 Q Okay. John Harris, what did he do?

23 A What did he do in real life or --

24 MR. NURIK: Hold on one second. I'm just

25 a little confused.

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2486

1 MR. RABIN: Okay.

2 MR. NURIK: We have been going on, this

3 is the ninth day. We have had multiple

4 parties asking questions concerning Gibraltar.

5 It's my understanding that you represent

6 Mr. Spinosa --

7 MR. RABIN: Correct.

8 MR. NURIK: -- who works for TD Bank.

9 MR. RABIN: Correct.

10 MR. NURIK: We are going over ground that

11 we have gone over before several times. I

12 don't understand why you're asking these

13 questions now concerning Gibraltar officials.

14 MR. RABIN: Actually, really, I'm asking

15 questions about what lies he told to the

16 various people that he was -- that he engaged

17 in his scheme, and that's the context of it,

18 Mr. Nurik; and I appreciate your objection.

19 MR. SCHERER: I am going to object to the

20 form, also.

21 MR. RABIN: Okay.

22 MR. SCHERER: I mean, all of this is

23 really over-the-top repetitive, Sam. I wish

24 you would finish, so there would be a little

25 bit of time left.

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2487

1 MR. RABIN: Well, okay, none of these

2 questions have been covered, because I have

3 read the transcripts, as well as sat here; and

4 nobody has asked him any questions about what

5 he specifically told people to get them

6 involved. And if you could point me to the

7 answers in any transcript, then I would be

8 happy to stand down on these questions.

9 BY MR. RABIN:

10 Q Mr. Rothstein?

11 A Yes, sir.

12 Q Regarding Mr. Harris, he was -- what was his

13 position at the bank?

14 A He was a senior or executive vice president,

15 and he was in charge of Fort Lauderdale market. I don't

16 recall what his title was.

17 Q Did you lie to him at all?

18 A Yes.

19 Q About what?

20 A A whole variety of things. If you show me the

21 email traffic, I can point them out to you.

22 Q I want your best independent recollection of

23 the things you lied to him about.

24 MR. SCHERER: Object to the form.

25 A I lied to him from time to time about where I

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2488

1 was. I lied to him about where certain money was coming

2 for certain business investments I had.

3 I really have to look at the email traffic. I

4 just -- I told John Harris a lot of lies, and I told him

5 a lot of truths. And he and I were involved in a lot of

6 criminal activity together. And I can't do it without

7 the email traffic, because I'm just sitting here

8 guessing because I'm poking in the dark.

9 Q I don't want you to guess. I just want your

10 best recollection. If you don't recall, that's a fair

11 answer: I don't recall.

12 A I just don't recall at this moment.

13 Q Okay. Michael Szafranski is a name that has

14 come up throughout the course of the deposition. He was

15 hired as a, quote, unquote, independent verifier?

16 A Yes.

17 Q All right. What lies did you tell him in

18 order to get him to falsely verify information to his

19 investors?


21 A To falsely -- at the time that he became

22 involved in the Ponzi scheme, there were very few lies

23 that I needed to tell him because he was all in.

24 Early on I had told him -- he believed that

25 this whole thing was real. Once he discovered it wasn't

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2489

1 real, there was no real reason to lie to him; but I'm

2 certain if you give me the email traffic, I can tell

3 you.

4 Independent recollection, at this moment, I

5 don't recall, and I don't want to guess.

6 Q So, essentially, what you're saying is when he

7 first got involved, he was, what he believed to be,

8 verifying what he thought were legitimate transactions;

9 is that right?


11 A You're asking me to get inside his head.

12 It's my opinion that early on he believed

13 that, but after a short period of time, it became clear

14 to him, because I think it would to anyone really

15 looking at stuff, that it was not real. But that's my

16 opinion.

17 BY MR. RABIN:

18 Q Okay. Richard Pearson, Mr. Pearson was who?

19 A He was part of the Boden/Pearson sub-Ponzi

20 scheme.

21 Q Okay. Did you ever meet with him?

22 A I did.

23 Q And did you lie to him?

24 A In the beginning, I did, yes, sir.

25 Q And what lies did you tell him?

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2490

1 A I told him whatever was necessary to make him

2 believe that the investment was real.

3 Q So it was along the lines of just telling him

4 things to deceive him into believing it was a legitimate

5 investment when it was not?

6 ALL PRESENT: Objection, form.

7 A Correct.

8 BY MR. RABIN:

9 Q Do you have any specific recollection of lies

10 that you told him, other than that general umbrella of

11 "the investment is legitimate"?

12 A Without seeing the email traffic, I would just

13 be guessing, and I do not want to guess.

14 Q Okay. Frank Preve, when Frank Preve first

15 started investing, did you have to lie to him?

16 MR. SCHERER: Object, form.

17 A Early on, I'm certain that I did lie to him

18 early on and then less and less, depending upon the

19 level of his knowledge.

20 But, again, you know, I want to be precise.

21 If I see the email traffic, I'm certain I could be

22 precise about what lies I told him and what were truths,

23 what lies we concocted together and the like; but

24 without that, I would be guessing, and I don't want to

25 muddy the record.

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2491

1 BY MR. RABIN:

2 Q Wasn't Szafranski the guy that you called a

3 "mushroom"?

4 A No, milk toast.

5 Q Well, milk toast and also, I thought,

6 mushroom.

7 A A couple of times we called him a mushroom.

8 MR. SCHERER: Objection.

9 BY MR. RABIN:

10 Q That's what I thought.

11 And when you called him "mushroom," I think

12 you testified it was because, for lack of a more

13 delicate term, you shit on him and kept him in the dark.


15 A It was a conversation between either Frank

16 Preve and I or David Boden and I about him. We said

17 that we kept him in the dark and put shit on him, like a

18 mushroom.

19 BY MR. RABIN:

20 Q And that would be -- I assume that's -- the

21 lay way to express it, is that you lied to him and

22 misled him, right?


24 A At various points in time I lied to him, and

25 he lied to me. That's what happens in a crime.

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2492

1 BY MR. RABIN:

2 Q No honor among thieves, is that what you are

3 saying?

4 ALL PRESENT: Objection.

5 A I have got to tell you, even now more so than

6 ever. I knew there was no honor among thieves when I

7 was in the middle of this horrific thing.

8 But in going back and looking at all this over

9 the last two years, I can assure you that there is no

10 honor among thieves at all.

11 BY MR. RABIN:

12 Q Andrew Barnett, he recruited investors for

13 you?

14 A He did.

15 Q And did you lie and mislead him?

16 A I don't think that he was -- that he knew what

17 was going on.

18 Q What do you mean by that?

19 A I don't think that he was involved in the

20 crime.

21 Q Okay. So -- but did you lie and mislead him?

22 A I did to a limited extent. Most of that, he

23 was really recruited by David Boden, and I don't know

24 what Boden told him; but I was always of the impression

25 that he believed things were real. I don't think that

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2493

1 Mr. Barnett was involved in the crime.

2 Q Did you ever have any conversations with him?

3 A I talked to him all the time. He was the son

4 of a very dear friend of mine.

5 Q Did you ever have conversations where you

6 pitched the legitimacy of the investment?

7 A I think only as follow-up questions that he

8 had based upon David Boden's pitch to him.

9 Q So, what you're essentially describing is

10 David Boden did most of the lying to him, and you might

11 have just, you know, played clean up?

12 A I think that's a fair statement.

13 MR. RABIN: There was no objection to

14 form on that one? These guys are sleeping.

15 (Thereupon, a discussion was held off the

16 record.)

17 MR. LICHTMAN: Objection to form.

18 BY MR. RABIN:

19 Q Doug Bates, Doug Bates was an attorney who

20 lied to investors, potential investors about referring

21 business to you?

22 A Doug Bates was a lawyer who was involved in a

23 significant amount of illegal activity with me.

24 Q Okay. I'm sorry?

25 A Some of which I can't get into.

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2494

1 Q Okay. Well --

2 A You're about to find out.

3 Q -- for what you can get into, though, you

4 described how he lied to investors in order to lead them

5 to believe he was referring you business, correct?

6 A Him and Wayne Koppel, yes.

7 Q Okay. With regard to Mr. Bates, what did you

8 tell him in order to get him to make those

9 misrepresentations?

10 A I just told him I was bringing people in that

11 I needed him to say this to. I didn't -- again, Doug

12 Bates is one of those people that, for lack of a better

13 word -- do you need me to give you a moment?

14 MR. LICHTMAN: I'm going to board your

15 one question. To be sure, the Doug Bates that

16 you're alluding to is a lawyer in Fort

17 Lauderdale, correct?

18 THE WITNESS: A lawyer in Plantation.

19 MR. LICHTMAN: Plantation. Not a Doug

20 Bates that works at Berger Singerman in Miami,

21 right?

22 THE WITNESS: Sorry, Chuck, no, it is not

23 your Doug Bates.

24 MR. SCHERER: I didn't see that on your

25 conflict waiver.

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2495

1 BY MR. RABIN:

2 Q So Doug Bates, you just essentially said,

3 listen, I need you to lie to these people and tell them

4 that you send me a lot of business; is that it?

5 A Because of things that I cannot discuss that

6 the government will object to, there was no need to get

7 into much deception with Doug Bates to get him to do

8 anything illegal.

9 Q What else was he doing?


11 MR. RABIN: Okay. Just making sure

12 you're aware.

13 BY MR. RABIN:

14 Q Steve Caputi, we talked a lot about Steve

15 Caputi. Ms. Barzee did an excellent job summarizing a

16 lot of the illegal roles he played for you. What was

17 the first thing that he did for you? Do you remember

18 the first thing?

19 A I don't know. I go way back with Steve.

20 Q What kind of story do you have to tell

21 somebody to have them play a fake banker or a fake

22 plaintiff? What did you tell him?

23 A None. You have to understand Steve's history

24 to understand who you were dealing with.

25 It would be like talking to -- knowing you're

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2496

1 talking to a member of organized crime -- he wasn't a

2 member of organized crime -- but knowing you're talking

3 to a member of organized crime and knowing you don't

4 have to preface anything with any kind of nonsense to

5 get them to engage in criminal activity or to lessen

6 their knowledge.

7 With Steve, you could let him know everything

8 that was going on.

9 Q With respect to Caputi, is it your testimony,

10 then, that you don't recall having to lie to him in

11 order to get him to play any of those roles?

12 A I certainly may have, but I didn't need to

13 tell Steve much. Steve is the kind of guy, and my

14 friendship with him was such, I could pick up the phone

15 and say, Steve, I need you to play a banker. He

16 wouldn't even ask me why. He would just do it --

17 Q Okay.

18 A -- you know. All I really needed to say to

19 him, Mr. Rabin was, I'll pay you for it; and he was all

20 good.

21 Q William Cort.

22 A Corte.

23 Q Corte, was one of the -- your computer people,

24 correct?

25 A Yes.

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Page 2497

1 Q Okay. He set up a fake TD website?

2 A Yes.

3 Q All right. What did you tell him was the

4 reason you needed a fake TD website?

5 A I didn't need to tell him anything.

6 Q So you just said, I need a fake TD website. I

7 need it to look exactly like the real one; and, boom, he

8 did it?

9 A Yes.

10 Q Same thing for the other computer gentleman,

11 Curtis Renie?

12 A Same answer.

13 Q Okay. And you never gave him any reason?

14 A I gave him money.

15 Q Okay. How much did you give each one of them?


17 Q Was it in cash?

18 A Yes.

19 Q All right. Any witnesses to the payments?

20 A They were actually witnesses to each other's

21 payments, but other than that, I don't think so.

22 Q All right. Wayne Koppel was another lawyer

23 who falsely claimed to -- according to you, had falsely

24 claimed to refer cases to your firm, correct?

25 A My recollection is vague as to whether or not

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Page 2498

1 he was the one who sat in the meetings. I seem to

2 believe that he was the one who actually attended the

3 meetings with the hedge fund guys, so yes.

4 Q All right. And what did you tell him in order

5 to get him to play that role?

6 A I didn't have to lie to him at all. I believe

7 that Doug Bates and Russ Adler handled all that.

8 Q So you never made any false statements to him

9 in order to get him to play that role in your scheme?

10 A As I sit here today, other than telling him

11 what I needed him to say, I recall very little about

12 talking to him about anything having to do with this.

13 Russ Adler and Doug Bates handled that.

14 Q All right. Howard Herskowitz was another

15 lawyer that referred -- according to you, falsely

16 claimed to refer significant cases to you?

17 A Not just according to me, it was according to

18 the people that he made the statements to.

19 Q What did you say to him in order to get him to

20 do that?

21 A I didn't say a word to him. I never talked to

22 the man until I got there and he started lying for me.

23 Q All right. And what you -- are you saying you

24 had to tell him nothing in order to get him to do that?

25 A I had Russ Adler handle it. Russ Adler told

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Page 2499

1 him exactly what lies he needed to tell, and when he

2 showed up there, he told all the lies.

3 Q So you had no conversations with him in terms

4 of what he was supposed to do; is that your testimony?

5 A I think, if you recall my prior testimony,

6 when I first walked in there, Mr. Herskowitz is the one

7 who said, it's nice to finally meet you, almost giving

8 me a coronary.

9 So, no, I had no prior conversations with him

10 about what he needed to do. That was handled by, to the

11 best of my knowledge, Mr. Adler.

12 Q All right. Steve Rossi was another lawyer

13 that falsely claimed to refer cases, according your

14 testimony, correct?

15 A Yes.

16 Q All right. Did you have the relationship with

17 him or somebody else?

18 A Mr. Adler.

19 Q Okay. So did you have any conversations with

20 him about why he was to falsely verify that he sent

21 cases to your firm?

22 A Through Mr. Adler.

23 Q Were you witness to the conversations?

24 A One of them.

25 Q Tell me about that one conversation.

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Page 2500

1 A I told Mr. Adler to call Steve Rossi and let

2 him know that I would do whatever I could to help him

3 with his political aspirations in exchange for assisting

4 us, and I was present during that conversation.

5 Q All right. Tracy Weintraub, you have talked

6 about him a number of times as preparing -- you talked

7 about him on a number of cases preparing false financial

8 statements?

9 A Yes.

10 Q What is it that you told him why you need the

11 false financial statements?

12 A I told him here's $75,000; this is what I

13 need.

14 Q And I assume that was cash?

15 A It was.

16 Q I assume there are no witnesses to it, other

17 than you and Mr. Weintraub?

18 A The only person that may be able to verify

19 that was a gentleman who brought me that cash. My

20 recollection is he brought me that cash when I was ready

21 to take it up to him.

22 And I don't know if the government wants me to

23 say the name.

24 MR. LAVECCHIO: Can I have a moment?

25 MR. RABIN: Sure.

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Page 2501

1 MR. SCHERER: While we have a break, I

2 would like to --

3 MR. RABIN: We don't have a break.

4 What's going on --

5 MR. SCHERER: Well, I mean, they're just

6 talking, so --

7 MR. RABIN: Don't you want to wait until

8 the lawyers are involved can hear what you're

9 saying.

10 MR. SCHERER: I mean, this is

11 administrative. This is administrative.

12 I understand that the Pearson adversary

13 is going -- I don't know -- next, this

14 afternoon or tomorrow?

15 MR. LICHTMAN: No. Levinson starts

16 immediately after lunch. We'll go the rest of

17 the day.

18 And Pearson starts first thing tomorrow

19 and goes until the conclusion, when we stop at

20 1:00, and then we don't see Scott again.

21 MR. SCHERER: Is it your --

22 THE WITNESS: Hopefully not ever, not see

23 me again.

24 What kind of comment is that?

25 MR. LICHTMAN: Well, in terms of this

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Page 2502

1 deposition.

2 MR. RABIN: We'll see you again.

3 MR. LICHTMAN: In the deposition.

4 MR. SCHERER: Here's my issue: I just

5 now have realized that we're anticipating

6 closing this record for my case; and then

7 you're going to start with Pearson, and it

8 will a separate record.

9 MR. LICHTMAN: When we start with

10 Levinson.

11 MR. SCHERER: When you start with

12 Pearson, you intend to have that as a separate

13 record in your adversary?

14 MR. LICHTMAN: Correct.

15 MR. SCHERER: I'm going to request that

16 when you get to Pearson, that this

17 transcript -- my record stays open, because

18 he's a defendant in this my case so that I'm

19 going to urge the Court that whatever you do

20 in that case is a part of my record.

21 MR. LICHTMAN: I don't have any problem

22 with that, but I will not have time for

23 anybody to be questioning on the time allotted

24 that we have, except for me and for

25 Mr. Pearson's counsel.

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Page 2503

1 MR. SCHERER: Well --

2 MR. NURIK: I'm going to ask for five

3 minutes at some time, and the basis for that

4 is because people have not complied with the

5 Court's order, as I articulated yesterday, in

6 providing their exhibits to the parties in

7 advance of this deposition in whole, being

8 that Mr. Rothstein is a party and I represent

9 him, and counsel was supposed to receive it, I

10 was denied the opportunity to have it and

11 Mr. Rothstein was denied the opportunity to

12 see it, and as such, I may have some clean-up

13 questions.

14 I will be brief, and in the process

15 Mr. Rothstein may be reviewing some of the

16 documents that were supposed to have been

17 previously provided to him.

18 And as such, I'm going to ask that the

19 record stay open and I have the opportunity

20 for five minutes.

21 MR. RABIN: I'm going to give it to you

22 if we stop --

23 MR. NURIK: The problem, Sam, is I'm not

24 in the position to do that because he's still

25 reviewing them.

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Page 2504

1 I got a load last night of things that my

2 secretary was there very late just putting on

3 a disk, which I have now.

4 So, unfortunately, I'm going to ask that

5 at some point, since the record will remain

6 open, that I find five minutes to do that, and

7 I will be brief.

8 MR. RABIN: Well, you know, again, I

9 don't know. The agreement is the agreement.

10 I don't know about keeping the record open

11 past the time limit set by the judge.

12 Mr. Lichtman may be able to speak to that

13 better than I can.

14 MR. LICHTMAN: When do you think you

15 would be best suited to ask those question?

16 MR. NURIK: Ideally, by the end of the

17 day today, but certainly tomorrow morning, no

18 later than tomorrow morning. I'm not going to

19 have much of a chance beyond that.

20 So I'll try -- endeavor to try to do it

21 by the end of the day.

22 MR. LICHTMAN: I'm going to guess -- I

23 don't know -- that most people don't have an

24 interest in hearing the Levinson testimony.

25 Many people may have some interest in hearing

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Page 2505

1 the Pearson testimony.

2 If that's the case, I'm happy to yield

3 five minutes when we begin tomorrow at 8:30 so

4 you can start and ask those questions and I

5 can go into Pearson.

6 MR. NURIK: Okay.

7 MR. RABIN: Thank you. Okay. All right.

8 MR. HERTZBERG: On behalf of Platinum and

9 Centurion, this is Gabriel Hertzberg.

10 We have no objection to what Mr. Lichtman

11 just proposed, that Mr. Nurik borrow five

12 minutes from Mr. Lichtman's time tomorrow.

13 There is a Court order that says that

14 this deposition is closed as of noon today.

15 MR. RASCO: 1:00 today.

16 MR. HERTZBERG: 1:00 today.

17 We have staffed this accordingly. We

18 have set travel plans accordingly.

19 We object to any examination of

20 Mr. Rothstein by anyone, other Mr. Nurik for

21 the five minutes just discussed, tomorrow or

22 at any time after 1:00.

23 MR. SCHLESINGER: We join in that

24 objection.

25 MR. SCHNAPP: On behalf of TD Bank, we

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Page 2506

1 also join.

2 MR. MULLIN: Likewise on behalf of the

3 Morses.

4 MR. NURIK: That is other than Mr. Nurik?

5 MR. RABIN: Other than Mr. Nurik.

6 MR. HERTZBERG: Other than Mr. Nurik for

7 the five minutes just discussed, we'd do

8 understand up Mr. Nurik and Mr. Scherer have a

9 common-interest relationship, or so they

10 purport; we would object to any examination of

11 Mr. Rothstein by Mr. Nurik as surrogate for

12 Mr. Scherer or for Mr. Lichtman or for anyone

13 else.

14 MR. NURIK: Well, I can assure you -- I

15 can assure you he's not paying my fees.

16 MR. RABIN: All right. Come on.

17 THE WITNESS: Go ahead, Mr. Rabin. I'll

18 just ignore anybody else.

19 You go ahead and ask me questions.

20 MR. RABIN: Thank you. I appreciate

21 that.

22 BY MR. RABIN:

23 Q Okay. The last -- the question that was

24 pending before the government conferred with you and

25 all, can you get back to it? I don't remember.

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2507

1 A I can tell you. You were asking me about

2 witnesses --

3 Q Tracy Weintraub?

4 A -- to money going to Weintraub.

5 Q Well, the last question I recall: Did anybody

6 witness any of the payment of the 75,000?

7 A And my answer is someone witnessed me

8 receiving the money and taking it up to Mr. Weintraub.

9 Q Did anybody witness the payment?

10 A I don't believe this person was standing there

11 when I -- we only got as far as the door.

12 Q Other --

13 A So no.

14 Q Other than the money that you claim that you

15 gave Mr. Weintraub, was there any other conversation

16 about what you wanted him to do or why?

17 A As to what I wanted him to do?

18 Q Yes.

19 A Extensive conversation.

20 Q Okay. And the why?

21 A The only why that I recall giving him, without

22 seeing the email traffic, is so that he could keep my

23 business and keep the business of Banyan and continue to

24 live well, a nice life.

25 MR. RABIN: All right. If I could have a

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2508

1 moment, please.

2 I think --

3 MR. SCHERER: I'm going to object to the

4 question, Sam, unless you can ask the witness

5 to identify who saw him get the cash so he can

6 have a complete answer, since I can't have any

7 more examination.

8 MR. RABIN: I'm happy to ask that

9 question.

10 MR. SCHERER: Thank you.

11 BY MR. RABIN:

12 Q Did you hear Mr. Scherer's question?

13 A I'm sorry, no.

14 Q Who was the person that witnessed you obtain

15 the cash that you claim that you gave to Mr. Weintraub?

16 MR. LAVECCHIO: Objection --

17 MR. RABIN: So much for your question.

18 MR. SCHERER: Take all the joy out of

19 this.

20 MR. LICHTMAN: That seemed like a perfect

21 way to end the transcript.

22 BY MR. RABIN:

23 Q One other area, just real fast, two questions.

24 You remember the Kroll project you discussed with Ken

25 Jenne?

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2509

1 A I don't.

2 Q All right. Did Ken Jenne ever propose to you

3 starting a business similar to Kroll's?

4 A Yes.

5 Q And what he -- what -- explain that to us,

6 what he was purposing in that.

7 A We were hiring a lot of retired law

8 enforcement at the time, former ABT agents, FBI agents,

9 IRS agents, and he wanted to put together something to

10 rival Kroll.

11 Q And did that go beyond any discussions?

12 A Other than him and I hiring people to kind of

13 get it started up, no.

14 Q And did Ken Jenne have any role in your

15 illegal activities?

16 A No, sir.

17 Q Other than, perhaps, that one occasion where

18 he carried boxes -- the Epstein boxes into your office

19 that people are claiming that he did?

20 A No, sir. He had no involvement.

21 MR. RABIN: I'm going to cede the balance

22 of my time to Mr. Rasco.

23

24

25

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2510


2 BY MR. RASCO:

3 Q I have three or five minutes, Mr. Rothstein.

4 Is it your opinion or belief that Mr. Preve

5 was aware of the fraud, or do you know it for a fact?


7 A Based upon everything that I've seen and know,

8 it is a fact.

9 MR. SCHERER: Withdraw my objection.

10 BY MR. RASCO:

11 Q Based on any witnesses that you can point to

12 that are aware that Mr. Preve knew of the fraud?

13 A Mr. Szafranski.

14 Q Beyond Mr. Szafranski?

15 A Mr. Boden, Mr. Rosenfeldt.

16 Q Is that it?

17 A And me.

18 Q Okay. Do you remember the email we discussed

19 on Monday where you indicated that, Frank, you were

20 ending it; and he suggested that that was not the

21 solution and he urged you to come back and told you not

22 to run. He told you that he had been through something,

23 like, analogous before and asked you to come back.

24 Do you remember that?

25 A Yes, I do.

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2511

1 Q If he was criminally involved, why would he do

2 that?

3 A You'd have to ask him.

4 Q Okay. And you indicated earlier today that

5 there were literally hundreds of incriminating emails

6 between -- written by Frank; is that right?

7 A I think there were thousands.

8 Q Okay.

9 A I haven't stopped to count them, but there

10 seemed to be an awful lot.

11 Q If he was aware and involved in the crime, why

12 would he write so many emails that were incriminating?


14 A I told Frank on more than one occasion that I

15 thought he was going a little crazy with certain things

16 he was putting in the emails. It never stopped him.

17 You'd have to ask him why he was doing it.

18 It seemed to me like he had some sort of

19 self-destructive mechanism because he put a lot of very

20 bad stuff in emails.

21 BY MR. RASCO:

22 Q Earlier in your testimony you thought Frank

23 was a very smart person.

24 A Extremely.

25 Q If he was so smart, why would he be writing so

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2512

1 many incriminating emails?

2 MR. LICHTMAN: Object to form.

3 A I don't know.

4 One thing I have learned over the course of

5 this crime, and since coming back, is that I had the

6 unfortunate experience of dealing with a lot of

7 extremely, extremely bright people who did some very,

8 very stupid things during the commission of a lot of

9 very bad crimes.

10 BY MR. RASCO:

11 Q You met Frank in August of 2007,

12 approximately, right?

13 A I don't recall when I met him.

14 Q Was it mid to late 2007, let's say?

15 A Again, I don't recall the date I met him. All

16 you have got to do is look and see when I started to

17 doing my very first business with George Levin and go

18 back 30 to 60 days. I would have met him in that time

19 frame. We can establish it. It makes no sense to have

20 me guess to it.

21 Q Are you aware that he had known George for 30

22 years?

23 A I knew that he worked for George many years

24 before. I knew that he left and came back to work for

25 George, yes.

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2513

1 Q And are you aware that he was friends with

2 George, not just working with George?

3 A You know, I have, unfortunately, learned that

4 the word "friend" has a very interesting meaning in

5 criminal circles.

6 So, yeah, I believed that he was truly a

7 friend of George's; but the more I examine everything,

8 the more I come to realize he probably took tremendous

9 advantage of George.

10 Q And are you aware that he, himself, invested

11 his own money and his family's money, not just his

12 immediate family's money?

13 A Yes.

14 Q And you knew that he knew that George stood to

15 lose hundreds of millions of dollars if this was a

16 fraud?

17 A Yes, but his ultimate role was the same as all

18 of ours, just the like Morses and other people, that we

19 all hoped to get our money out.

20 The criminals, the people that are involved,

21 always hope to be able to be the ones recouping and, in

22 fact, gaining by the crime. You don't -- even though

23 you know it could explode, you don't necessarily plan on

24 it.

25 MR. RASCO: Okay. Thank you. No further

21a897ab-f9ff-49aa-8308-21d465585ba5


Page 2514

1 questions.

2 MR. LICHTMAN: Why don't we then consider

3 the transcript closed, except for Mr. Nurik's.

4 examination?

5 MR. SCHERER: And except for my request

6 to keep it open for the Pearson part of your

7 examination and the cross because I may need

8 it in my case.

9 MR. LICHTMAN: Agreed.

10 MR. HERTZBERG: I just want to note on

11 the record that the funds are relying on the

12 Court's order that the deposition --

13 (Court reporter interruption.)

14 MR. HERTZBERG: The funds are relying on

15 the Court's ordered that the deposition is

16 concluded as of 1:00 p.m. today. The funds

17 will not have representation for any further

18 examination of Mr. Rothstein in reliance on

19 that order. We object to the form of all

20 questions asked by Mr. Nurik and reserve them

21 as such.

22 That's all. Thank you.

23 (Thereupon, at 12:00 a.m., the proceedings

24 were adjourned.)

25 - - - - -

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1 C E R T I F I C A T E

2

3 THE STATE OF FLORIDA, ) COUNTY OF BROWARD. )

4

5 I, Michele L. Savoy, Shorthand Reporter do

6 hereby certify that I was authorized to and did

7 report the foregoing proceedings and that the

8 transcript is a true record.

9 Dated this 22nd day of December, 2011.

10

11 ______________________________

12 Michele L. Savoy, RPR Notary Public - State of Florida

13 My Commission No. EE 113173 Expires August 6, 2015

14

15

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Page 2517

1 C E R T I F I C A T E

2 THE STATE OF FLORIDA, ) COUNTY OF BROWARD. )

3

4 I, Michele L. Savoy, Shorthand Reporter,

5 do hereby certify that I was authorized to and did

6 report said deposition in stenotype; and that the

7 foregoing pages, numbered from 2345 to 2517,

8 inclusive, are a true and correct transcription of

9 my shorthand notes of said deposition.

10 I further certify that I am not an

11 attorney or counsel of any of the parties, nor am I

12 a relative or employee of any attorney or counsel or

13 party connected with the action, nor am I

14 financially interested in the action.

15 The foregoing certification of this

16 transcript does not apply to any reproduction of the

17 same by any means unless under the direct control

18 and/or direction of the certifying reporter.

19 Dated this 22nd day of December, 2011.

20

21 ___________________________________

22 Michele L. Savoy, RPR Notary Public - State of Florida

23 My Commission No. EE 113173 Expires August 6, 2015

24

25



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ahole (1)2435:25air (1)2402:9akerman (1)2348:8al (8)2345:5,8 2346:8,11

2346:19,22,242350:18

albert (2)2419:14 2420:5

alex (2)2349:2,4alleged (1)2432:3allegedly (2)2432:12,16allmen (2)2377:20 2379:10allotted (1)2502:23allow (2)2403:8 2405:10allowed (1)2446:25allows (2)2413:9 2430:20alluding (1)2494:16alongside (1)2397:17amazed (2)2363:10 2458:21amiss (1)2383:23aml (1)2484:19amount (8)2356:20 2365:1

2370:2 2375:132377:3,11 2459:232493:23

amounts (1)2478:12amy (1)2346:11analogous (1)2510:23andrew (2)2411:18 2492:12answer (27)2360:21 2374:7

2382:19 2394:212403:25 2406:3,102406:19 2410:4,92430:19,22 2439:62440:12 2445:11,232457:24,25 2462:132467:24 2468:12478:1,3 2488:112497:12 2507:72508:6

answered (1)2452:2answering (3)2446:10 2449:7

2468:1answers (3)2393:6 2460:17

2487:7anticipating (1)2502:5anticipation (1)2423:12anxiety (4)2437:2,7,13 2438:3anybody (15)2374:21 2382:15,21

2383:2,14 2423:42425:21 2444:42448:8 2454:222482:24 2502:232506:18 2507:5,9

anybodys (1)2426:18anymore (7)2360:11 2378:11

2400:14 2403:202404:6 2405:52474:7

apologize (2)2356:9 2445:2apparently (2)2457:1 2469:18appeal (1)2396:24appearance (3)2347:1,2 2419:8appearances (21)2347:4,8,18 2348:1,6

2348:12,17 2349:12349:5,13,17,212350:1,5,8,12,17,222351:1,6,10

appeared (2)2418:3 2476:13appearing (1)2347:1appellate (1)2473:5applies (1)2469:16apply (6)2357:8 2358:5

2370:12,13 2407:182517:16

appointed (1)2396:25appraisal (1)2400:2appreciate (3)


Page 2

2464:8 2486:182506:20

apprised (1)2483:12appropriate (1)2468:16approximately (1)2512:12april (2)2379:2 2391:25arbitrage (1)2348:1area (4)2387:23 2458:19

2477:3 2508:23areas (1)2387:22arent (3)2368:10 2400:12

2403:17argued (1)2449:12ari (1)2367:11arminarm (1)2418:17arnold (1)2395:11articulated (1)2503:5ashamed (3)2428:20,23,24asked (17)2376:9 2377:3,6,8

2400:8,9 2414:172424:24 2427:132433:19 2448:42467:25 2468:5,162487:4 2510:232514:20

asking (37)2361:2,10,24 2362:1

2362:11 2363:32364:18 2375:122377:2 2378:122381:1 2383:12,242389:3 2403:242407:4 2408:62411:1 2416:122423:23 2426:152436:24 2445:252446:2 2449:152464:7,10 2470:172474:20,23 2477:162479:3 2486:4,12

2486:14 2489:112507:1

asks (2)2433:7 2451:8aspect (1)2438:23aspects (3)2462:2,3 2481:4aspirations (1)2500:3assistance (4)2393:24 2447:23

2450:24 2451:5assisting (4)2439:24 2445:10

2474:12 2500:3associates (1)2351:1associating (6)2401:15,17,21,23

2402:2,4assorted (1)2459:18assume (6)2363:13 2414:6

2477:14 2491:202500:14,16

assuming (3)2453:17 2455:7,11assure (3)2492:9 2506:14,15atlas (1)2351:4attached (1)2385:15attempt (1)2449:13attempting (1)2427:24attended (2)2347:1 2498:2attending (1)2413:18attention (2)2457:1,4attorney (6)2414:7,19 2434:7

2493:19 2517:11,12attorneyclient (3)2406:12 2444:1

2445:22attorneyclientprivil...2445:12attorneys (4)2351:7 2371:19

2412:21 2418:22attracting (1)2417:20audit (12)2360:15 2362:12

2365:10 2389:10,112389:14,16,182391:1 2412:132460:3,3

audited (2)2362:15 2366:11auditor (1)2360:12august (4)2482:4 2512:11

2516:13 2517:23authorities (1)2471:6authority (1)2377:7authorize (1)2377:4authorized (2)2516:6 2517:5ave (1)2351:3avenue (5)2345:23 2348:8

2350:2,14 2418:13avenues (1)2417:9avoid (5)2421:10,12 2458:25

2460:3 2464:24aware (18)2359:16 2361:19

2371:25 2374:142383:20 2389:72390:7,14 2391:72391:11 2481:52495:12 2510:5,122511:11 2512:212513:1,10

awareness (1)2366:15awful (1)2511:10

Bb (15)2347:16 2438:9

2439:2,3,7,12,14,182439:21,25 2440:32440:7,10,14,16

back (46)

2359:2 2364:152370:7,11,122373:5 2376:202382:4 2384:102389:24 2405:112421:2 2429:12430:5 2431:32435:19 2441:132442:9,14,192443:8,12,16,18,232444:6 2446:12,162446:18 2447:92448:7 2459:32463:11 2470:232474:9 2475:192476:12 2479:182492:8 2495:192506:25 2510:21,232512:5,18,24

backwards (1)2460:15bad (8)2355:10 2362:18

2403:14 2435:62456:6,9 2511:202512:9

bag (1)2380:13bail (6)2380:22 2381:2,4,7,9

2381:10balance (10)2361:5,8,18 2368:11

2369:14,19,202372:22 2373:62509:21

balances (14)2369:23 2371:8,11,16

2372:4 2373:42374:12 2375:4,132377:4 2386:9,102386:15 2390:23

balancesheet (1)2360:15bank (33)2346:13,14,17,20

2348:12 2354:2,92361:5 2370:12373:4 2374:15,152412:7,9 2452:232465:8 2476:72480:25 2481:1,202482:24 2483:4,42483:10 2484:2,92484:23 2485:12,16

2485:18 2486:82487:13 2505:25

banker (4)2414:14 2453:3

2495:21 2496:15bankers (1)2408:1banking (2)2362:12 2387:23banter (1)2426:12banyan (15)2361:5 2362:12,14

2364:10 2365:102366:4 2371:1,142379:7 2386:242389:7 2390:72391:22 2392:72507:23

bar (13)2378:13 2379:3

2395:18,20,222396:1 2408:82415:1 2426:4,122467:14,19 2468:2

barnett (2)2492:12 2493:1barry (2)2379:10 2466:21bart (1)2351:4barzee (1)2495:15barzeeflores (59)2350:20 2352:4

2393:16 2394:242395:4,10 2396:132396:17,20 2398:142400:19 2403:102404:2 2405:162409:23 2410:5,112422:5,21,242423:3,17,182424:9 2425:1,8,162425:24 2426:14,172427:4 2428:252429:9,21,242430:3,8,10,142431:1 2437:242439:15 2445:18,242447:17 2449:5,172452:17 2453:102454:1,8,12,172456:18,22 2457:82457:12,17 2458:3


Page 3

base (1)2366:17based (23)2354:2 2356:20

2358:14 2361:112367:3 2369:252370:2,6 2382:192391:4 2416:192423:12 2447:12452:6,16 2453:72457:5 2465:202485:10,15 2493:82510:7,11

baseless (1)2355:10basically (1)2469:12basis (3)2353:25 2363:11

2503:3bate (1)2362:9bates (12)2493:19,19,22 2494:7

2494:12,15,20,232495:2,7 2498:7,13

battista (1)2347:13beat (2)2426:1,5beautiful (1)2391:2beckman (1)2350:9bed (1)2399:6began (1)2358:22beginning (2)2478:25 2489:24begins (1)2362:10behalf (12)2353:9 2354:10

2438:24 2448:19,202448:22,25 2449:32449:13 2505:8,252506:2

bekkedams (1)2379:10belief (2)2444:3 2510:4beliefs (2)2403:9 2405:9believe (22)

2382:23 2389:232405:1 2429:242430:1,15 2431:112433:21 2446:202448:11 2450:112452:9 2453:52467:11 2476:242477:23 2485:102490:2 2494:52498:2,6 2507:10

believed (12)2368:18 2384:1

2432:8 2435:32444:5,16 2446:192488:24 2489:7,122492:25 2513:6

believing (1)2490:4belt (1)2454:7bench (1)2396:18benefactors (1)2419:4benefit (1)2421:4benefited (1)2364:14benefits (1)2421:4berenfeld (1)2364:25berga (1)2350:15berger (2)2347:10 2494:20bernie (2)2442:20,24best (20)2358:2 2360:13

2398:2 2411:242427:10,19 2461:42461:21 2464:7,112464:11 2467:5,202471:12 2476:252477:6 2487:222488:10 2499:112504:15

better (3)2440:2 2494:12

2504:13beyond (4)2389:3 2504:19

2509:11 2510:14big (5)

2355:6 2365:32389:17 2432:102440:6

bill (4)2374:1 2411:18

2454:11 2465:24billing (1)2349:22billion (2)2372:11,12bills (5)2391:9,16,20 2392:7

2412:15binder (1)2377:1biscayne (3)2348:3,3 2349:14bit (3)2357:10 2415:14

2486:25black (3)2349:19 2473:4,5blanche (1)2483:22blew (1)2470:22block (2)2406:15,23blocked (1)2392:4blur (1)2449:25blurb (2)2370:5,7blvd (4)2348:13 2349:14,22

2351:8board (1)2494:14boats (1)2418:2bob (1)2432:10boca (1)2349:11boden (13)2357:20 2387:6

2462:20,25 2463:242464:12,22 2489:192491:16 2492:23,242493:10 2510:15

bodens (2)2462:21 2493:8bodner (1)2350:5

body (2)2384:12 2405:9bodyguard (1)2432:7bonds (1)2412:17boockvor (1)2481:8bookkeeper (1)2479:18books (1)2389:14boom (1)2497:7borrow (2)2392:10 2505:11boston (1)2350:10botched (2)2438:23 2439:1bottom (2)2367:10 2372:18bought (6)2454:2,5,5,6,14,18boulevard (6)2347:5,10,23 2348:3

2418:7,9bova (2)2431:10,13boxes (2)2509:18,18brand (1)2418:23brass (1)2419:8break (7)2375:22 2392:15

2426:18 2461:32463:4 2501:1,3

bribed (1)2421:22brickell (3)2350:14 2351:12,15brief (3)2484:22 2503:14

2504:7briefed (1)2467:24bright (2)2466:18 2512:7bring (5)2356:6,7 2385:17

2392:8,11bringing (1)2494:10

brought (3)2454:7 2500:19,20broward (11)2345:2 2346:2 2347:5

2351:8 2396:102418:6,7,8 2419:32516:3 2517:2

bs (1)2404:23bsa (2)2484:17,19bso (1)2419:8buck (1)2478:14bucks (1)2419:21building (1)2345:17bulk (1)2435:2burn (1)2362:18bush (1)2395:16business (19)2366:4,4,5 2387:4

2400:25 2401:32414:23 2439:132461:12,24 2481:212488:2 2493:212494:5 2495:42507:23,23 2509:32512:17

Cc (5)2347:15 2516:1,1

2517:1,1cabello (2)2467:12,21cace (1)2346:3california (1)2395:11call (10)2355:6 2357:11

2415:17 2420:142440:3,3,102462:23 2467:72500:1

called (9)2384:25,25 2420:19

2431:21 2476:142479:19 2491:2,7


Page 4

2491:11calling (1)2385:7campaign (1)2478:17candidate (1)2395:14candidates (1)2396:23cant (15)2355:18 2358:19

2360:21 2368:202369:4,8 2426:162433:25 2453:182456:8 2471:182478:3 2488:62493:25 2508:6

capable (3)2404:12,16,18capacity (2)2429:22 2431:2capital (4)2346:22 2349:13

2353:9 2354:24caputi (8)2414:3,4,11,14,21

2495:14,15 2496:9card (2)2406:13,18care (2)2404:21 2471:2careful (6)2459:2 2465:22

2466:3,5,102472:18

carefully (1)2384:16caretsky (4)2349:21 2481:2,9,14carol (3)2346:4 2407:3

2439:17carried (1)2509:18cars (2)2408:22 2418:1carte (1)2483:22case (19)2345:3 2346:3,10

2354:22 2355:62407:5 2411:122412:17 2413:202415:3 2417:42445:10 2455:21,25

2502:6,18,202505:2 2514:8

cases (13)2354:14 2439:16

2461:12,25 2473:112475:6,7 2478:182497:24 2498:162499:13,21 2500:7

casey (1)2349:15cash (15)2440:7 2459:17,17,19

2459:23,25 2468:202477:12,13 2497:172500:14,19,202508:5,15

caught (1)2416:8causes (1)2402:22causing (1)2362:15cede (1)2509:21celebrities (1)2418:17centurion (5)2346:18 2348:1

2350:1 2370:152505:9

ceo (4)2439:22 2484:5,7,8certain (31)2357:9,23 2358:7,16

2360:23 2367:2,42368:20 2371:202381:15 2390:102391:9 2392:72398:13 2401:172402:20 2416:112420:20 2425:132426:20 2456:22460:23,24,252466:1 2488:1,22489:2 2490:17,212511:15

certainly (20)2362:3 2375:3,5

2381:9 2396:32398:20 2399:32416:22 2426:72434:6 2435:152436:17,19 2438:82446:25 2452:212453:11 2483:23

2496:12 2504:17certainty (1)2456:10certificate (2)2352:8,8certification (1)2517:15certify (3)2516:6 2517:5,10certifying (1)2517:18cetera (2)2362:16,16cfo (1)2439:11chamorro (1)2350:16chance (2)2393:25 2504:19change (6)2382:6,7 2386:15

2403:25 2405:12472:20

changed (2)2403:22,25changing (1)2372:4chapter (1)2347:8charge (1)2487:15charitable (2)2346:21 2419:2charles (1)2347:12charlie (2)2395:8 2397:1charming (3)2435:23,24 2436:21charts (1)2389:13chase (1)2348:19check (3)2452:23 2476:3

2477:12chief (1)2479:7children (1)2471:2christopher (1)2350:15chronological (1)2393:12chuck (1)

2494:22cigars (1)2409:3cimo (1)2347:15circle (2)2357:12 2397:4circles (1)2513:5circuit (8)2345:1,1 2346:1,1

2472:24 2473:1,72473:18

cite (2)2448:1,3civil (2)2446:14 2447:4claim (2)2507:14 2508:15claimed (6)2485:15,17 2497:23

2497:24 2498:162499:13

claiming (1)2509:19clarification (4)2422:12 2424:4

2425:12 2429:20clarify (2)2356:25 2458:11clarity (1)2376:6classic (1)2436:13clausin (1)2348:18clean (5)2381:22,25 2384:21

2438:12 2493:11cleaned (1)2389:23cleanup (1)2503:12clear (7)2358:10 2362:20

2388:15 2392:182449:9 2483:142489:13

clearly (7)2358:12 2376:4

2380:6,9 2384:22435:7 2436:5

clerk (1)2431:7client (4)

2363:8 2394:8,122415:4

clients (9)2394:6 2412:2

2434:12 2438:11,182441:5 2453:142476:4 2481:19

clifford (1)2393:25clinical (1)2436:14clinton (1)2411:18close (5)2397:4 2432:7,10

2443:2,2closed (2)2505:14 2514:3closer (1)2353:17closes (1)2458:8closest (2)2397:14 2398:15closing (1)2502:6clothes (1)2454:2cochran (1)2349:22coconspirators (14)2357:6,7,13 2359:10

2359:17 2406:14,212407:23 2413:3,202415:16 2416:182436:11 2441:16

cohn (13)2354:22 2416:20,24

2417:4,17,192418:15 2419:102449:24 2450:162455:8,12 2457:2

collapsing (1)2384:8colt (1)2350:2columbia (1)2348:17com (1)2442:4come (23)2370:12 2384:21

2388:7 2429:12430:5 2438:122441:13 2442:8,14


Page 5

2442:19 2443:12,232444:6 2446:162453:12 2459:102462:23 2482:12488:14 2506:162510:21,23 2513:8

comes (2)2447:9 2451:22coming (8)2381:22,25 2382:4

2384:10 2461:232479:4 2488:12512:5

command (2)2359:15 2475:17commencing (1)2355:8comment (2)2403:1 2501:24comments (2)2389:17,20commerce (3)2372:22 2373:4

2374:15commercial (1)2475:25commissary (2)2454:19,22commission (5)2396:11,22 2512:8

2516:13 2517:23commit (8)2358:22 2421:7

2432:5,15 2440:22460:14 2469:23,24

commitment (2)2434:22 2435:3committed (8)2381:11 2420:11,12

2432:3,12 2436:42442:16 2459:12

committee (5)2348:6 2395:23

2396:2,5,8committing (7)2358:12 2398:11

2406:24 2426:212432:21 2436:222466:17

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community (1)2418:18company (6)2346:14 2348:17

2349:1 2438:242439:8,23

compensation (1)2476:16complaint (1)2354:15complete (2)2431:20 2508:6completely (6)2355:9 2377:17

2382:6 2389:132448:15 2458:18

completing (1)2389:17complicated (1)2475:20complied (1)2503:4component (1)2417:19composite (2)2377:1 2379:14computer (2)2496:23 2497:10con (7)2393:23 2398:8

2399:8 2400:12,212405:17 2412:25

conartists (1)2416:9concealed (1)2485:7concerned (6)2425:13 2469:5

2471:3,5 2472:2,3concerning (4)2355:16 2403:8

2486:4,13concerts (1)2409:5concluded (1)2514:16conclusion (1)2501:19conclusions (1)2388:8concocted (1)2490:23conduct (2)2397:21 2460:13conducting (1)

2485:8conferred (1)2506:24confidant (1)2467:9confidante (1)2432:19confidantes (1)2397:14confident (1)2436:5confidential (1)2406:17confidentiality (3)2406:13,22 2411:22confirm (2)2364:19 2388:21confirmation (1)2365:15conflict (1)2494:25confused (1)2485:25confusion (2)2370:8,9congress (1)2418:12connected (1)2517:13connections (1)2418:5conned (15)2393:20 2394:15,18

2394:20 2395:182396:10 2397:2,112398:2,7,12,15,192399:2 2436:7

conning (2)2398:8 2436:22conrad (1)2347:19cons (1)2416:12conscious (6)2429:12 2440:19

2442:10 2444:202458:24 2459:7

consider (5)2452:7 2453:17,19,19

2514:2considers (2)2451:21 2453:23constantly (2)2418:16 2432:20consulted (1)

2466:16contact (1)2356:20contacts (1)2427:2contain (1)2390:19contained (2)2367:13 2483:21contents (2)2389:11 2477:1context (3)2410:16,17 2486:17continuation (1)2440:4continue (6)2411:2 2432:1

2461:24 2465:52469:7 2507:23

continued (1)2352:2continuing (1)2469:5contributions (1)2418:21control (5)2360:7,22,23,24

2517:17conversation (14)2365:17,19 2374:19

2374:20 2465:242484:20,22 2485:152485:17 2491:152499:25 2500:42507:15,19

conversations (26)2357:25 2358:16

2360:3 2365:212367:5 2426:202432:14 2464:10,142464:16,17 2465:222466:16,20,242467:4 2470:152481:10 2483:242484:11 2493:2,52499:3,9,19,23

convince (8)2401:11,20,22 2402:1

2402:17 2449:132461:23 2481:19

convinced (5)2398:4 2401:14,16

2402:3,5cooked (1)2408:7

cooperating (2)2443:21 2447:5cooperation (10)2444:21 2447:1,2

2452:14,15,16,202452:20,21 2453:9

coordinated (1)2415:25copy (2)2389:15,16coquina (1)2450:7coral (2)2347:24 2349:3coronary (1)2499:8corporate (1)2387:23corporatepaper (1)2466:18correct (59)2367:2 2370:1 2371:6

2372:14 2373:62379:5,8,202385:12 2393:222398:12,13 2399:72401:5,7 2408:92409:18 2414:22416:3 2417:3,102417:13,18 2418:92418:20,25 2419:52419:9,12,162427:18,21 2432:42434:23 2440:102441:18 2453:22458:22 2461:122467:15 2468:242471:10 2472:12480:16 2481:22482:2 2484:242485:8,20 2486:7,92490:7 2494:5,172496:24 2497:242499:14 2502:142517:8

corrected (2)2389:21,25corrupt (8)2396:14 2401:18,24

2402:6 2408:15,162428:10,11

corrupting (1)2401:18corruption (5)2401:18,24 2402:6


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counselling (1)2443:15count (3)2435:13 2457:16

2511:9country (4)2382:3 2440:20,21

2441:2county (4)2345:2 2346:2 2516:3

2517:2countys (1)2419:3couple (4)2455:4 2463:21

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court (29)2345:1 2346:1

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courtroom (1)

2345:18courts (3)2503:5 2514:12,15covered (1)2487:2craig (1)2349:24crap (2)2426:1,5crawled (1)2399:5crazy (3)2387:7 2480:19

2511:15create (11)2370:16 2374:6

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creating (4)2360:8 2386:11,16

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2359:11 2364:142381:11 2405:222406:1,4,8,242407:23 2408:22409:13,14 2422:92422:25 2423:22425:4 2428:92438:13 2440:22443:1 2457:22469:13,22,232491:25 2492:202493:1 2496:1,2,32511:11 2512:52513:22

crimes (16)2398:11,12 2399:21

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criminal (27)2387:5,12 2397:7,19

2397:21 2402:92428:8 2435:222436:4,22 2439:82439:24 2440:42447:2,3 2469:182475:19 2476:2,112479:1,5,6 2483:152483:18 2488:62496:5 2513:5

criminality (4)2400:2 2407:24

2426:3,8criminally (1)2511:1criminals (4)2407:19 2439:13

2440:9 2513:20crist (2)2395:8 2397:1cross (1)2514:7crossexamine (1)2354:3crucial (1)2402:8currently (1)2407:25curtis (4)2350:2 2374:1

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2355:11cut (3)2361:14 2391:22,22cutting (1)2451:2cynthia (1)2351:9

Ddad (1)2398:24dan (1)2349:24danger (1)2472:4dare (1)2407:7dark (4)2357:6 2488:8

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dated (6)2362:8 2367:8 2368:6

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dates (3)2350:20 2376:8

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day (13)2345:12 2347:1

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days (12)2356:23 2363:10

2375:20 2384:152405:17 2433:152457:16,18 2463:212464:6,6 2512:18

de (1)2347:23deal (5)2365:14,20 2370:4,5

2386:22dealing (2)2495:24 2512:6deals (7)2364:12 2369:25

2370:13 2371:12386:23 2391:92405:18

dear (1)2493:4death (1)2427:25deaths (2)2432:24 2433:1

deb (3)2357:19 2470:14,18debra (18)2377:4 2386:13

2397:13 2427:10,122427:15,19 2428:152428:19 2469:1,5,62469:17 2471:2,172471:22 2480:12,14

decade (1)2358:1deceive (1)2490:4december (10)2345:16 2359:2,4,5

2394:9 2407:62409:24 2455:62516:9 2517:19

decent (4)2398:18 2402:4

2435:2,4deception (1)2495:7decide (5)2423:14 2442:19

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decided (3)2404:24 2443:12,20deciding (1)2441:13decision (16)2382:2,5 2384:21

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decisions (1)2440:25declared (1)2459:21decreasing (1)2420:13deep (1)2417:20defend (1)2428:17defendant (1)2502:18defendants (3)2345:9 2346:9,15defense (3)2387:5,12 2407:1defer (2)


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2355:14 2356:19deposed (2)2433:2,13deposition (25)2345:13 2347:2

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depositions (3)2355:5,7,16describe (3)2378:18 2384:13

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describing (1)2493:9description (1)2352:11deserve (2)2451:16 2453:14deserved (1)2449:14desire (1)2458:24despite (2)2441:1 2443:17destroying (1)2384:9destruction (1)2440:8detailed (4)2365:2 2383:18

2466:20,24details (2)2419:6 2424:21detect (2)2406:24 2465:18detection (1)2362:24determination (2)2450:10 2451:22determine (4)2371:23 2405:3

2452:7 2460:4determined (1)2447:22deutsch (2)2349:9,11developed (2)2416:16 2460:16devout (1)2402:24diagnosis (1)2436:24diaz (1)2350:13didnt (67)2357:15,25 2358:4,11

2360:11 2361:142364:2,3 2366:232370:23,24 2385:132393:18 2394:9,162394:18 2395:182396:11 2397:2,92397:10,10,112398:2,22 2399:1,92399:24 2403:152408:18 2409:252410:23 2411:15,17

2413:6 2419:242422:20 2424:10,232428:12 2432:1,252437:10 2439:18,252442:19 2444:202446:12 2459:22,252460:14 2465:232466:11 2468:11,122469:11 2475:132477:2 2479:152480:9 2483:242494:11,24 2496:122497:5 2498:6,21

die (3)2443:17 2444:3

2445:8different (4)2386:15 2461:5

2480:25 2483:5differentiated (1)2424:6differently (1)2482:8difficult (1)2399:18diligence (3)2394:4,10 2415:10dinners (1)2419:6direct (8)2352:3,3 2356:14

2389:10 2393:152458:13 2510:12517:17

directed (1)2369:3direction (1)2517:18directly (1)2371:8discovered (4)2394:5,11 2479:2

2488:25discrete (1)2355:5discuss (1)2495:5discussed (15)2357:1 2358:15

2360:10 2361:3,42367:3 2374:232388:21 2396:32427:14 2429:252505:21 2506:72508:24 2510:18

discussing (1)2364:16discussion (8)2361:6 2375:15

2426:21 2433:3,52433:14 2437:32493:15

discussions (4)2355:15 2443:13

2483:14 2509:11disgusting (6)2428:4,5,7,14 2429:2

2429:5disk (1)2504:3disorder (3)2437:2,7,13displayed (1)2417:25district (1)2396:23divers (1)2349:18dixie (1)2349:2doctor (3)2437:12 2438:2

2453:2doctors (1)2437:19doctrine (1)2440:7document (9)2368:1 2376:5

2386:13,17,192387:18 2388:152389:25 2412:6

documentation (1)2362:2documented (1)2360:17documents (26)2356:4 2361:11

2365:7 2376:1,2,112385:21,24 2386:32386:5,22 2388:42388:17,23,242389:5 2390:252393:13 2411:122468:23 2469:32470:16,17,182471:4 2503:16

doesnt (7)2363:12 2377:7

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2371:4 2383:162384:14,14 2385:12388:20 2391:142396:4,8,212404:12,16 2416:72416:17,18 2428:142439:12 2465:172469:10,11,252471:23 2479:10,142481:11 2484:12,132495:9 2511:172512:17

dollar (1)2418:1dollars (8)2368:11,22,23

2372:11,12 2387:92460:8 2513:15

don (1)2346:25donations (2)2402:21 2419:1donna (1)2348:15dont (141)2355:6 2356:18

2359:7 2360:4,252361:21 2362:32368:20,25 2375:162375:18 2376:12377:16 2378:5,102378:11,17 2379:112380:3 2381:2,6,242382:4,11,16,232384:22 2388:10,202390:5 2391:132393:6 2400:162403:20 2404:7,212405:6 2407:2,182409:21,21 2410:82410:24 2412:3,52419:18,18,202420:13 2422:102424:6,7 2430:212431:11,18 2432:182436:15 2439:3,132440:16 2441:232442:7 2443:62445:7 2447:32449:20,23 2450:172450:17,20 2451:7


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2452:13,15 2455:142455:14,18,21,222456:2 2457:13,192462:7,13,142464:1 2470:13,152471:1,12 2473:32475:8,8 2476:132477:23 2480:17,222482:6,12,13,17,212482:21 2483:212485:11 2486:122487:15 2488:9,102488:11,12 2489:52489:5 2490:242492:16,19,23,252495:19 2496:3,102497:16,21 2500:222501:3,7,13,202502:21 2504:9,102504:23,23 2506:252507:10 2509:12512:3,13,152513:22,23 2514:2

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2494:11,15,19,232495:2,7 2498:7,13

dr (1)2350:10drafted (1)2476:23drafting (1)2468:23drag (1)2428:16dress (1)2414:16dressed (1)2414:18drilling (1)2346:23drug (1)2438:5due (4)2392:7 2394:4,10

2415:10duly (1)2355:25dying (4)2380:17 2384:11

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2474:9,10educate (2)2450:11 2451:10edward (2)2346:4 2413:21ee (2)2516:13 2517:23effect (2)2377:9 2468:3eight (4)2356:23 2363:9

2463:20 2464:6eighth (1)2347:20eisinger (3)2479:19,20,23either (7)2368:19 2375:4

2380:16 2440:152461:12 2483:182491:15

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2359:8,13 2360:172360:20 2361:3,32361:22 2362:10,102363:19,21 2364:152364:17 2367:7,142368:5,19 2369:1,22370:18,19 2372:92372:10,12,14,162372:21 2374:12,192375:10,16 2376:242377:16 2378:172379:12,13,17,242380:20,21 2381:122382:9,12,172383:5,7,10,132388:11,14,212389:12 2391:172441:18,19,22,252442:1,2,5,7 2463:32463:11,16 2464:92466:8 2482:16,222487:21 2488:3,72489:2 2490:12,212507:22 2510:18

emailed (5)2361:9 2367:10

2409:9,10,10emailing (2)2361:24 2385:7emails (42)2356:21 2358:9

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2354:24 2355:2,32355:14

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2517:12employees (1)2418:23employer (1)2419:15enclosing (1)2361:10encryption (1)2466:9endeared (1)2419:3endeavor (1)2504:20ended (1)2399:20enforcement (14)2401:21,22,24,25

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2463:10 2478:11,152479:1,21 2486:16

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2469:16 2474:13entities (2)

2354:11,15entitled (1)2452:8entitlement (1)2354:24envelope (1)2481:7epstein (2)2411:19 2509:18eric (1)2347:21escaping (1)2382:24esq (1)2350:20esquire (39)2347:7,12,15,15,16

2347:16,21,21,222347:25 2348:4,102348:10,14,15,152348:20 2349:4,8,82349:11,15,19,242349:24 2350:3,4,72350:11,15,16,202350:24 2351:4,4,92351:13,13,14

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2346:19,22,242350:18 2362:16,16

ethical (1)2395:25ethics (1)2396:9evade (2)2421:11,12evaluate (2)2453:6,7evaluated (1)


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2479:23event (2)2361:23 2485:14events (2)2409:7 2419:7everybody (3)2368:4 2385:3

2415:20exactly (4)2375:12 2384:14

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2464:18excellent (1)2495:15excess (1)2420:2exchange (3)2411:22 2425:3

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2381:13excuse (8)2378:4 2379:6 2393:5

2403:4,6,6 2427:242460:13

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exhibits (9)2353:23 2354:5

2356:6 2367:192375:21 2376:14,172393:14 2503:6

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2359:18 2360:102369:6 2371:232381:19 2398:32481:7 2492:22

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Ff (2)2516:1 2517:1fabricated (1)2474:13face (1)2440:14facing (2)2444:10 2457:3fact (30)2363:16 2365:6

2369:13 2374:232379:3 2381:10,192389:11 2391:8,172394:4 2403:132406:24 2432:15,212434:3 2439:72441:2 2443:15,172445:3,6 2447:182455:25 2459:72460:15 2461:102510:5,8 2513:22

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2385:21,25 2386:62386:7 2387:1,52388:4 2412:3,152412:19 2413:13,192413:19 2415:102417:5 2439:192452:23 2464:222465:7,10 2468:232469:3 2470:162475:6,9,122495:21,21 2497:12497:4,6

faked (1)2475:9false (25)2366:7 2379:24

2380:9,11 2381:162381:17 2386:3,52386:16,18,192389:21 2390:3,112390:22 2391:42461:11 2462:172463:7,9 2467:22472:12 2498:82500:7,11

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2394:11,13 2477:12507:11

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2473:21 2474:7favorable (2)2451:25 2452:10favors (1)2483:19

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2506:15feiss (3)2468:22 2470:11,12female (1)2473:2fepict (1)2350:8fictitious (1)2412:23fidelity (1)2346:21fifty (1)2400:11figure (1)2440:1file (2)2411:12 2437:14filed (4)2354:14 2447:21

2448:7 2450:14files (1)2447:14filled (2)2470:14,19filthy (2)2434:11,13final (2)2384:15 2389:25finally (2)2440:14 2499:7finance (1)2387:24financial (14)2364:3 2366:12,18

2369:5,6,9 2381:92389:18 2399:16,182417:5 2479:72500:7,11

financially (2)2364:13 2517:14financials (2)2362:15 2366:7find (6)


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2349:7,23 2350:14florescu (1)2466:22florida (38)2345:2,19,24 2346:2

2347:6,11,14,20,242348:4,9,14 2349:32349:7,11,15,19,232350:15,19,242351:3,8,12,162395:8,18,20,222396:1 2408:82415:1 2467:14,192516:3,12 2517:22517:22

flow (1)2360:24flr (1)2350:10focus (2)2355:6 2470:5focused (1)2417:20folks (4)2406:9 2409:19

2421:4 2433:20following (1)2353:1follows (1)2356:1followup (3)2464:19 2465:4

2493:7fool (2)2400:21 2416:16fooled (9)2393:17 2394:25

2395:2,5,8,11,14,162395:24

foot (2)2382:2 2478:6foregoing (4)2347:1 2516:7 2517:7

2517:15

forged (2)2411:10 2473:2form (41)2363:4,7 2364:6

2365:15 2390:12400:18 2403:232405:14 2408:102409:20 2421:252423:9 2424:192426:13 2447:152452:12 2453:4,252456:16,20,252457:15,22 2460:222462:6,11 2463:22486:20 2487:242488:20 2489:102490:6,16 2491:142491:23 2493:14,172510:6 2511:132512:2 2514:19

format (1)2388:13former (2)2427:20 2509:8forms (1)2420:17formulate (1)2390:10fort (11)2345:24 2347:6,11,20

2348:14 2349:7,232351:3 2418:72487:15 2494:16

forth (1)2463:11fortunately (1)2384:6forty (1)2400:6forward (1)2360:18forwarded (1)2389:15four (2)2373:7 2431:17fourth (1)2345:18fp (1)2362:9fp1123100134610 (1)2352:12fp1123100143388 (1)2352:11fp1123100145380 (1)2352:12

frame (2)2386:1 2512:19frank (68)2350:22 2351:10

2353:5 2356:17,202357:14,18,202358:17 2359:252360:3,6,7,9,13,142360:20 2361:192362:20,25 2363:12363:11 2364:162365:3,12,18,212366:6 2367:142368:25 2372:182373:25 2374:42377:2 2378:222379:2,25 2380:62381:16 2382:102383:2,18 2384:2,52385:6,20 2386:252387:14,14,162388:16,25 2389:162389:19 2391:72392:6,18,23,232466:25 2490:14,142491:15 2510:192511:6,14,222512:11

franks (4)2359:11 2366:12,15

2369:5fraud (43)2358:12,13,13,22

2359:24 2363:232364:2 2384:32387:10 2389:232391:8 2395:212406:11,16 2411:32416:4,18,212417:20 2419:112420:11,12 2421:22421:3,7,9 2428:92459:10,12 2460:142466:16,25 2469:242476:7 2478:12,152478:17 2479:17,212480:2 2510:5,122513:16

fraudulent (1)2366:13frequently (1)2408:1friday (2)2397:11,12friend (6)

2398:2 2427:10,192493:4 2513:4,7

friends (7)2397:2,4,14 2420:19

2420:19 2471:132513:1

friendship (1)2496:14frivolous (1)2355:9front (3)2358:25 2378:10

2448:8fruition (1)2447:9ft (1)2351:8full (2)2371:23 2451:20fully (4)2356:19 2371:24

2380:24 2382:5fund (6)2346:21 2359:15

2370:15 2408:52474:8 2498:3

funded (2)2378:19,20funding (9)2345:5 2371:2,3

2377:19,19 2378:142378:21 2379:32388:25

funds (12)2377:20 2378:14,19

2379:3 2391:212431:20 2461:222485:1,3 2514:112514:14,16

funnel (1)2474:9funneled (1)2418:22funny (3)2362:19 2473:14,23furious (1)2449:11further (13)2352:3 2354:10

2356:14 2361:252367:6 2395:202453:16 2458:3,132510:1 2513:252514:17 2517:10

future (1)


Page 11

2354:8

Gg (1)2350:15gables (2)2347:24 2349:3gabriel (2)2350:3 2505:9gaining (1)2513:22game (1)2365:8gary (1)2479:22gauge (1)2470:2gelber (1)2349:24general (4)2422:25 2423:1

2462:22 2490:10generally (6)2369:7,19 2461:9

2462:20 2475:242483:9

genovese (2)2347:13,15gentleman (2)2497:10 2500:19george (20)2349:8 2364:12

2379:19,20,252380:2,8,222381:13,19 2385:62395:16 2512:17,212512:23,25 2513:22513:2,9,14

georges (2)2391:19 2513:7getting (6)2391:22 2404:18

2424:20 2443:252469:5 2480:19

giant (2)2381:11 2392:11gibraltar (9)2346:13,17 2350:17

2361:5,13,252483:4 2486:4,13

gift (1)2346:21gifts (1)2409:16girl (2)

2397:11,12girls (2)2411:19 2427:25give (26)2357:14 2358:25

2362:13 2366:202377:4 2378:72386:1 2387:142402:14 2405:18,192407:22 2410:162420:22,24 2424:112445:12 2466:13,142478:3,8 2481:202489:2 2494:132497:15 2503:21

given (6)2358:2 2363:16

2435:19 2445:32468:20 2481:15

giving (7)2386:18 2423:13

2464:2,18 2483:222499:7 2507:21

glades (1)2349:10glass (1)2367:11glide (1)2469:18go (31)2353:2 2356:10

2359:2 2365:82376:25 2382:42403:5 2424:122426:5 2438:152441:3 2442:152444:25 2455:222456:11,12,132458:10,12,182464:20 2465:122471:2,6 2495:192501:16 2505:52506:17,19 2509:112512:17

goal (1)2446:16goes (2)2384:12 2501:19going (99)2353:7 2355:22

2356:9,12 2357:192357:20 2358:112359:24 2360:4,252363:13,18 2364:152366:1 2369:1

2370:13,15 2371:252373:3,24 2374:92376:10,24 2378:72380:16,24 2381:102387:9 2390:202392:8,14 2403:1,72405:11 2416:232423:6,20 2426:12428:17 2429:182439:10,11,182440:2,6,19 2441:32443:13,21 2445:132446:12,13 2450:172451:10 2453:192457:4 2458:102460:4 2464:242465:10,19 2466:72467:24 2469:15,232469:23 2470:1,42471:4,11,152472:1 2474:8,9,232479:2 2481:32486:2,10,192492:8,17 2494:142496:8 2501:4,132502:7,15,192503:2,18,212504:4,18,222507:4 2508:32509:21 2511:15

goldberg (1)2348:10goldstein (11)2348:2 2413:16

2472:13,15,16,172472:19 2473:82474:4,6,14

good (21)2366:20 2384:17,19

2386:10 2398:182399:3 2400:12,222402:4 2403:17,242413:1 2416:62428:12 2435:2,42450:8 2458:15,162468:18 2496:20

gospel (4)2409:19,22 2410:1,14government (22)2351:6 2396:24

2400:8 2423:142430:17,20 2437:142438:13 2442:152443:21 2446:172447:13,21 2448:7

2450:14 2451:62452:22 2453:6,132495:6 2500:222506:24

governments (1)2429:18governor (3)2395:8,11 2397:1governors (1)2418:11grand (2)2477:10,11grant (1)2438:19great (2)2370:14 2381:18greenberg (1)2348:13greenspoon (2)2390:12 2393:22grew (1)2358:8grievance (3)2395:22 2396:2

2408:8grievances (1)2396:6ground (1)2486:10group (5)2350:8 2377:20

2379:10,10 2429:4groups (1)2461:3grout (1)2438:19growing (1)2399:16grows (1)2469:19growth (2)2346:19 2348:1guess (11)2377:17 2383:10

2420:15 2453:182459:13 2476:192488:9 2489:52490:13 2504:222512:20

guessing (11)2363:25 2377:17

2378:2,25 2382:202383:19 2386:22394:7 2488:82490:13,24

guest (1)2373:16guilty (3)2428:18 2438:12

2441:6guy (4)2357:22 2460:5

2491:2 2496:13guys (4)2355:19 2478:13

2493:14 2498:3

Hh (3)2347:12,15 2349:15hadnt (3)2378:18 2388:4

2450:6half (1)2370:11halftruths (1)2406:2halfway (4)2480:15,17,20,23hand (4)2399:13 2430:4

2470:17 2481:6handed (8)2362:7 2367:7

2369:13 2370:212377:1 2387:15,162478:4

handing (2)2387:15,17handle (1)2498:25handled (3)2498:7,13 2499:10handling (2)2369:17 2478:19hands (4)2373:11,14 2448:15

2448:18handwritten (1)2388:14hang (3)2380:5 2446:10

2449:7happen (7)2443:13 2445:7

2446:13 2447:12450:21 2451:132470:2

happened (1)2485:17


Page 12

happens (1)2491:25happy (6)2378:6 2424:22

2430:19 2487:82505:2 2508:8

harass (1)2414:12hard (1)2402:11harley (1)2347:25harm (1)2425:21harris (12)2360:6,25 2361:2,9

2361:19 2362:12428:18 2483:62485:21,22 2487:122488:4

harvey (1)2350:7haven (1)2444:6havent (6)2378:20 2383:12

2403:12 2434:42438:9 2511:9

hayworth (2)2483:6 2484:1head (4)2432:17 2469:21

2475:17 2489:11headache (1)2370:16heads (1)2438:17hear (8)2355:18 2363:13

2422:20 2426:162451:12,13 2501:82508:12

heard (7)2369:15 2434:16

2436:16,18 2438:222452:5 2465:15

hearing (14)2353:17 2396:6

2413:8,14,192450:15,18,222451:7,11,142455:19 2504:24,25

hearings (2)2413:6,12hears (1)

2452:9hedge (7)2377:20 2378:14,19

2379:3 2391:212461:22 2498:3

held (1)2493:15hell (1)2478:13help (10)2380:23 2384:5

2386:18 2442:252451:10 2453:13,152463:25 2483:112500:2

helped (15)2386:25 2387:17

2389:9,9 2390:102421:7,9 2446:202447:1 2453:14,142453:15 2461:102481:15 2483:13

helpful (1)2453:18helping (4)2387:24 2446:3

2481:4,12herb (3)2449:18,21 2451:24herbert (1)2347:9heres (3)2478:5 2500:12

2502:4herskowitz (2)2498:14 2499:6hertzberg (7)2350:3 2505:8,9,16

2506:6 2514:10,14hes (18)2363:16 2365:13

2369:14 2371:242377:14,22 2386:182423:11,13 2425:122448:23 2449:42451:20 2453:192478:12 2502:182503:24 2506:15

hey (1)2469:22highway (2)2347:19 2349:2hired (1)2488:15hiring (2)

2509:7,12history (1)2495:23hofrichter (2)2349:2,4hold (7)2373:11,14 2403:7

2423:8,8 2437:182485:24

holly (1)2348:14home (3)2456:11,12,13homes (1)2418:1honest (9)2381:22 2400:2

2414:6,19 2461:162461:18,19 2462:32462:25

honestly (1)2462:2honor (3)2492:2,6,10hood (2)2420:19,21hope (24)2438:8,14 2444:7

2449:1 2450:22,232451:4,7,11,14,182451:20,23,242452:3 2453:22,232455:8,12,242456:4,23 2457:52513:21

hoped (2)2444:21 2513:19hopeful (1)2355:4hopefully (2)2443:11 2501:22hopes (3)2443:22 2444:8

2448:9horrific (1)2492:7hospitals (1)2419:2hostess (1)2431:9hours (1)2463:21house (3)2418:13 2428:15,19houses (1)

2408:20houston (1)2351:4howard (4)2474:25 2475:3,19

2498:14huberfeld (1)2350:5human (2)2429:2,5humorous (1)2374:3hundreds (3)2374:13 2511:5

2513:15hunkydory (1)2391:2hurt (4)2398:17,21 2399:3

2472:18hutchinson (1)2390:15

Iid (2)2358:19 2359:7idea (7)2374:25 2377:15

2398:25 2443:132446:13 2471:112476:25

ideally (1)2504:16identification (3)2368:2 2393:2,14identified (3)2467:12 2472:13

2480:25identify (2)2410:10 2508:5identifying (1)2367:20ignore (1)2506:18ill (11)2356:6,7 2357:11,14

2359:13 2374:72390:5 2426:52496:19 2504:202506:17

illegal (12)2360:10 2363:17

2459:8 2471:232482:19 2483:12485:7,10 2493:23

2495:8,16 2509:15illegality (4)2390:21 2407:12

2483:25 2485:11im (105)2353:3,7,16 2356:8

2356:12 2363:52367:21 2368:102369:20 2374:102376:16,24 2377:212378:2,6,7,10,11,252380:1 2383:6,122385:1 2389:32392:14,15 2400:82404:19 2407:2,82409:21 2416:11,232422:3,19 2423:62423:20,23,252426:11,15 2428:112429:18 2430:192433:5,24 2436:52436:15 2438:192441:9 2443:1,32445:13,21,252446:2,10 2448:202449:7 2452:72456:9 2457:32458:10 2460:12,122460:13,14 2464:72464:10 2468:72469:23 2470:4,62472:16,20 2473:72474:23 2477:212480:6,7 2481:12484:18 2485:242486:14 2488:7,82489:1 2490:17,212493:24 2494:142502:15,18 2503:22503:18,21,232504:4,18,222505:2 2508:3,8,132509:21

image (1)2417:11immediate (1)2513:12immediately (1)2501:16impinge (1)2429:17implode (2)2440:6,14imploded (2)2432:3,13


Page 13

implosion (1)2466:5important (1)2411:21importantly (1)2453:8impose (2)2400:5,10impossible (2)2381:4 2463:15impression (4)2364:7 2402:15

2471:20 2492:24improper (1)2482:20inability (1)2354:3inaccurate (1)2375:5incarcerated (2)2363:15 2437:21incarceration (1)2456:14incarnation (1)2434:6include (1)2459:16included (2)2419:1 2460:1including (7)2388:6 2420:25

2425:18 2438:172439:24 2453:1,1

inclusive (1)2517:8income (3)2459:20 2460:8

2476:16incorrect (1)2472:9increase (2)2466:8 2481:21increased (1)2420:13incriminating (6)2458:22,25 2459:3

2511:5,12 2512:1inculpatory (1)2363:10independent (6)2382:21 2389:14

2463:23 2487:222488:15 2489:4

index (2)2352:1,10

indicate (8)2370:24 2371:17

2372:24 2373:32376:5 2378:12380:4 2459:22

indicated (13)2361:7 2365:18,25

2371:12 2372:112379:24 2383:222385:10 2391:62392:3 2476:222510:19 2511:4

indicating (7)2367:11,12 2368:11

2368:16 2374:42375:2 2378:13

indicator (1)2368:17indicators (2)2358:14 2391:7indictment (1)2452:25individuals (1)2406:11induce (1)2465:11inducement (1)2408:3inducements (1)2408:1inflate (1)2460:7influence (2)2417:12 2450:9information (28)2360:24 2362:21,22

2362:23 2363:21,222366:1,12 2369:102389:21,22 2390:112390:22 2391:52405:19 2406:52444:17 2445:122451:12,18,252452:25 2462:17,252466:14 2467:22471:6 2488:18

informed (1)2450:12infusion (1)2440:6innocent (8)2394:15,18 2398:17

2408:5 2413:212446:17 2447:7,8

input (5)

2386:18 2388:5,92389:6,10

inside (1)2489:11insinuate (1)2427:24instances (1)2371:10instruct (1)2371:6instructed (2)2360:15 2460:7insurance (3)2348:17,17 2349:1integrity (2)2434:21 2435:3intend (1)2502:12intention (1)2438:7interacted (1)2473:25interaction (4)2481:1,3 2482:25

2483:1interest (2)2504:24,25interested (2)2426:12 2517:14interesting (1)2513:4interests (1)2434:12interpose (1)2423:15interrupt (1)2375:19interruption (1)2514:13intimate (3)2480:4,7,10intricacies (1)2477:2invasion (1)2420:15invest (3)2387:9 2394:6,12invested (5)2484:9,23 2485:16,18

2513:10investigate (1)2485:12investigation (1)2394:5investigations (2)

2412:19 2447:2investing (1)2490:15investment (8)2369:15,21 2485:2,9

2490:2,5,11 2493:6investments (3)2402:19 2465:15

2488:2investor (3)2359:25 2369:17

2391:15investors (17)2374:2 2377:11

2379:7 2389:222394:18 2408:62411:20 2417:202446:18 2447:82465:11 2466:232488:19 2492:122493:20,20 2494:4

invoking (1)2445:21involve (1)2425:17involved (52)2359:4,5 2384:3

2385:1 2388:252395:19 2405:212406:1 2407:252409:13,14 2421:242422:6,18,222423:1 2424:212425:9,13 2426:8,92428:5,8,9,102439:23 2443:242460:18 2463:12465:20 2467:12468:23 2469:7,212472:7 2474:72478:23 2479:5,62479:17 2481:172487:6 2488:5,222489:7 2492:192493:1,22 2501:82511:1,11 2513:20

involvement (6)2359:23 2406:4,7,11

2476:1 2509:20involving (2)2478:17 2479:23irene (6)2371:6,8 2386:14

2479:7,17 2480:5irregularities (1)

2390:20irs (2)2460:14 2509:9isnt (2)2437:12 2456:24isolated (1)2357:13issue (5)2361:18 2378:13

2379:3 2484:192502:4

issues (3)2356:25 2358:7

2380:23ivan (1)2347:22ive (18)2369:15 2376:9

2380:1 2384:222407:8 2433:132434:15 2435:72437:15,21 2446:252451:19,21 2452:22453:23 2455:212463:20 2510:7

Jj (5)2346:4 2347:22

2350:16 2351:13,14jack (6)2350:11 2359:21,25

2360:1,1,2jacks (1)2359:23jail (4)2380:17 2428:24

2442:21 2444:19james (1)2345:17jan (1)2351:4january (6)2362:8 2364:17

2366:25 2367:82368:6,24

jeans (2)2414:18 2454:7jeffrey (1)2411:19jenne (3)2508:25 2509:2,14jesus (1)2347:16jewelry (1)


Page 14

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2495:15joblove (1)2347:13joe (1)2395:5john (15)2347:15 2349:8,19

2360:6,7,9,252361:2,9 2362:12394:25 2428:182485:21,22 2488:4

join (3)2476:15 2505:23

2506:1joined (1)2475:4joking (1)2410:13jonathan (1)2348:10joy (1)2508:18jr (1)2349:19judge (58)2354:22 2398:5

2399:8 2400:3,4,102400:16 2413:9,162413:19 2416:20,232416:24 2417:4,172417:19 2418:152419:10 2448:8,102448:11,13,142449:13,19,232450:9,12,16,252451:6,8,15,24,252452:6,9,11 2453:12453:6,7,11,132455:8,12 2457:22472:6,14,21,242473:1,5,8,10,16,182473:19 2504:11

judges (8)2402:2 2421:22

2434:9 2448:182450:9 2472:232473:20,25

judging (1)2396:9judicial (5)2345:1 2346:1

2396:10 2422:2

2478:17judiciary (3)2402:5,7 2422:7julie (3)2428:6 2429:1 2431:5july (1)2466:5june (1)2466:5jury (2)2396:7 2400:16justice (2)2345:17 2351:7justify (1)2403:1

Kkaplan (2)2349:14 2354:12katzen (1)2349:14keep (7)2357:6 2387:8 2402:9

2471:25 2507:22,232514:6

keeping (1)2504:10ken (6)2387:3,11 2476:17

2508:24 2509:2,14kept (3)2483:12 2491:13,17kerstetter (3)2481:2,6,11key (1)2394:13kill (1)2440:15killed (1)2428:13kind (10)2399:18 2420:12

2449:25 2460:152471:24 2495:202496:4,13 2501:242509:12

kinds (1)2390:23king (2)2345:17 2346:25kiting (1)2476:3kluger (2)2349:14 2354:12kneecaps (1)

2426:19knew (58)2357:24 2358:1

2359:24,25 2360:12360:1,2,9,132362:25 2363:12364:1 2365:3,32366:20,23,252374:4 2375:72380:2,3 2381:42385:1 2387:3,3,232387:23 2391:72394:11,14 2397:72398:10 2401:202402:1,8 2427:152427:22 2432:19,202442:16 2443:172445:4 2462:32465:9,13 2471:152471:17,21 2478:252479:4,5 2492:6,162510:12 2512:23,242513:14,14

know (102)2356:7 2357:23

2358:1,4,10,112360:4 2362:202368:20,25 2374:112374:17,23 2377:22380:3 2381:152386:11 2391:13,142391:14 2393:62394:16 2399:172400:24 2401:6,82401:11 2409:21,212419:10,18 2420:142422:10 2423:7,192428:13 2432:16,212432:22 2434:15,182436:13,20 2437:82437:12 2439:10,112443:1,6 2445:52446:12,17 2447:132448:6 2449:7,212450:17,17,202452:13,15 2453:212455:14 2456:72457:6,19 2460:22460:24 2465:232470:24 2471:122472:5,17 2473:92474:19 2476:132477:2 2478:13,152479:25 2480:222481:7 2482:21,21

2490:20 2492:232493:11 2495:192496:7,18 2500:22500:22 2501:132504:8,9,10,232510:5,7 2512:32513:3,23

knowing (7)2360:14 2382:3

2405:11 2441:32495:25 2496:2,3

knowledge (14)2358:3,6,8 2360:2

2366:14,16,172371:23 2476:24,252481:8 2490:192496:6 2499:11

known (6)2375:4 2383:22

2435:17 2478:112482:1 2512:21

knows (8)2357:19,20 2368:4

2373:24 2387:4,112387:11 2428:4

kopas (1)2347:22kopelowitz (1)2351:2koppel (2)2494:6 2497:22koss (2)2479:19,20kozyak (1)2347:23kroll (2)2508:24 2509:10krolls (1)2509:3kusnick (1)2474:25

Ll (7)2345:22 2348:20

2351:11 2516:5,122517:4,22

lack (3)2440:1 2491:12

2494:12language (1)2387:21large (3)2402:21 2411:22

2452:24

las (3)2347:10 2348:13

2349:22late (7)2355:2 2390:24

2408:7 2440:52441:6 2504:22512:14

lauderdale (12)2345:24 2347:6,11,20

2348:14 2349:7,232351:3,8 2418:82487:15 2494:17

lauer (1)2350:4laundered (5)2420:3,5,7,9 2422:15laundering (1)2476:3lavecchio (29)2394:21 2395:3,9

2396:12,15,192422:11,25 2423:62423:21 2424:3,132425:6,11,19,222426:24 2427:32429:20,23 2430:62430:9,11,212449:15 2451:82495:10 2500:242508:16

law (33)2347:5 2349:9

2354:11 2362:142366:4 2387:42401:21,22,23,252408:12,14,152412:19 2418:2,222419:7 2420:32421:16 2423:132428:11 2431:7,202432:14 2434:212441:24 2445:32455:22,25 2461:72477:3 2479:192509:7

lawrence (1)2345:17lawsuit (3)2438:24 2439:2,17lawsuits (2)2410:25 2411:2lawyer (30)2387:5,12 2395:25

2400:4,9 2413:24


Page 15

2427:6 2435:202438:23 2441:8,112445:25 2448:232449:4 2451:152453:2 2467:14,192472:14,18,212474:25 2475:212476:17 2493:222494:16,18 2497:222498:15 2499:12

lawyers (20)2387:2 2393:20

2394:15 2396:92413:13,13 2415:32415:7,11 2429:42433:14,15 2435:22435:2 2461:11,152462:4,17,192501:8

lay (2)2358:24 2491:21lead (1)2494:4leaders (1)2418:18leaf (1)2346:23learned (4)2357:5 2397:19

2512:4 2513:3leave (4)2382:3 2444:5 2459:7

2470:20leaving (2)2471:1,3led (2)2389:22 2452:25left (13)2375:14 2376:18

2444:12,13 2446:42446:11 2470:11,242471:5,9 2475:12486:25 2512:24

legal (6)2388:2,7,8 2390:8,8

2412:15legit (2)2401:12,21legitimacy (3)2402:9 2419:8 2493:6legitimate (16)2401:14,16,17,23,23

2402:2,3,4,52408:14,15 2465:152465:17 2489:8

2490:4,11length (2)2387:1 2466:16leon (1)2347:23lessen (1)2496:5letter (37)2365:15 2387:6,24,25

2388:1,5,6 2389:102389:11,16 2390:42390:13 2399:11,172399:24 2430:152449:18,24 2450:12450:1,3,6 2466:202475:15,16,182476:20,21,222477:1,5,7 2478:92478:10,14 2482:112482:14

letterhead (3)2387:2,13 2477:7letters (18)2387:1 2389:2,4

2390:8,15,182391:1,1 2412:112412:13 2450:82467:2 2475:6,102475:12 2482:1,22482:17

level (7)2363:10 2367:9

2406:4,7,11 2466:82490:19

levels (2)2378:14 2379:4levin (2)2380:22 2512:17levine (1)2349:14levins (3)2391:9,16 2392:8levinson (4)2351:1 2501:15

2502:10 2504:24lewis (6)2394:2 2427:5,6

2428:12 2471:9,19liar (1)2380:13lib (1)2415:23lichtman (25)2347:12 2354:20

2355:21 2376:4

2447:6 2453:122457:10 2493:172494:14,19 2501:152501:25 2502:3,92502:14,21 2504:122504:14,22 2505:102506:12 2508:202512:2 2514:2,9

lichtmans (1)2505:12lie (26)2359:24,25 2360:1,1

2434:24 2456:242457:13,21 2461:162461:25 2462:19,242469:1,8,9,112487:17 2489:1,232490:15,17 2492:152492:21 2495:32496:10 2498:6

lieberman (1)2395:6lied (17)2405:23,24 2420:16

2434:9 2436:72456:14 2460:102472:10 2478:182487:23,25 2488:12491:21,24,252493:20 2494:4

lies (11)2463:16 2486:15

2488:4,17,222489:25 2490:9,222490:23 2499:1,2

life (9)2381:21 2382:7

2438:14 2440:252442:21 2444:152472:4 2485:232507:24

likewise (1)2506:2limit (4)2358:2,6 2359:10

2504:11limited (9)2355:7 2356:5,24

2357:15 2359:11,182360:4 2385:182492:22

line (5)2361:10,16,17,25

2416:11lines (2)

2415:22 2490:3lining (1)2462:4lippman (1)2475:21lisa (1)2483:20listen (1)2495:3listening (1)2440:17listing (1)2459:19literally (1)2511:5litigation (2)2474:7 2475:25little (15)2357:10 2362:21

2365:9 2370:5,72406:5 2409:112415:8 2449:32460:25 2469:192485:25 2486:242498:11 2511:15

live (2)2438:15 2507:24llc (5)2345:5 2346:19,22

2348:1 2349:13llp (2)2347:19 2350:2load (1)2504:1loaned (1)2454:6loans (2)2412:23 2431:21local (1)2418:15lock (1)2482:1log (1)2464:23long (1)2370:3longer (1)2404:25look (14)2359:13 2360:16

2371:20,21,22,222373:21 2388:112389:12 2390:182482:22 2488:32497:7 2512:16

looked (3)2382:16 2391:18

2466:2looking (5)2459:3 2463:22

2479:3 2489:152492:8

looseygoosey (1)2476:14lose (1)2513:15lost (3)2404:22 2428:1

2455:10lot (37)2366:21 2369:13

2370:8 2371:252376:2 2381:82393:17 2398:172399:4 2409:9,102415:23 2430:222456:7 2457:19,192464:4 2466:15,152467:9 2468:142471:17 2475:62478:6,21 2483:172488:4,5,5 2495:42495:14,16 2509:72511:10,19 2512:62512:8

lots (1)2414:22loud (1)2477:20love (2)2384:10 2456:5lover (1)2427:20loyal (1)2468:15lss (1)2346:10lucre (4)2434:11,13,15,19lunch (2)2355:20 2501:16lydecker (1)2350:13lying (5)2436:22 2463:11

2476:3 2493:102498:22

lyles (1)2349:22


Page 16

Mm (11)2345:16,16 2347:16

2349:8,11 2362:82364:18 2368:72372:17 2514:16,23

ma (1)2350:10maam (38)2397:6,8,16,18,20,23

2398:1 2399:14,172399:19,22 2400:152401:2,13 2402:102402:13,20 2404:132404:17 2411:5,7,92411:11,13 2414:82414:15 2415:16,192415:21,24 2416:12416:7 2417:232418:4 2427:72431:6 2432:112445:8

madison (1)2417:9madoff (5)2442:20,25 2443:3,8

2443:9mafia (1)2469:2magnitude (1)2457:2maintained (1)2418:5major (2)2359:15 2384:3making (9)2356:22 2364:1,8,10

2367:19 2407:82425:9,18 2495:11

male (1)2473:10malice (1)2434:19malleable (2)2404:15 2405:4malletprevost (1)2350:2man (3)2358:1 2466:18

2498:22manager (1)2483:10manhattan (1)2348:19manifest (2)

2411:17,19manifests (4)2411:14,15 2412:1,3manipulate (1)2404:6manipulated (2)2403:15 2429:16manipulating (4)2403:17 2404:4,8

2429:10manipulation (2)2422:2,6manner (2)2460:10 2483:23mansion (1)2418:11maple (1)2346:23marc (2)2347:5,7marder (2)2390:12 2393:22marina (1)2350:10marine (1)2349:17mark (5)2348:15 2350:5

2375:21,22 2393:11marked (5)2368:1 2376:25

2379:15 2393:1,13market (1)2487:15marketing (2)2417:7,19marking (1)2376:11marra (6)2413:17,19 2472:14

2472:21 2473:9,19marriage (1)2435:9martinez (1)2395:2mary (2)2350:20 2426:16marybeth (3)2468:22 2470:11,12massive (4)2357:5 2362:15

2469:22 2476:3master (1)2416:4masterminded (2)

2410:25 2411:1matched (1)2376:6matter (6)2372:19 2389:11

2391:17 2407:122445:6 2455:25

matters (1)2459:18matthew (1)2350:20mccain (1)2394:25mean (24)2361:14 2363:1,11,17

2363:20 2364:112375:18 2386:92395:24 2396:72398:10 2415:102422:10,12 2442:22443:8 2456:52464:1 2466:152467:9 2486:222492:18 2501:5,10

meaning (3)2406:20,21 2513:4means (6)2409:22 2412:25

2420:21,23 2460:122517:17

meant (3)2400:1,1 2423:19mechanism (1)2511:19medical (2)2437:20 2438:2meet (2)2489:21 2499:7meeting (2)2405:3 2412:1meetings (2)2498:1,3mel (1)2395:2melissa (6)2427:5,5 2428:12

2471:9,11,21member (4)2438:15 2496:1,2,3members (2)2402:4,6memory (1)2378:7mentioned (5)2392:18 2433:14

2476:17 2480:152483:5

met (8)2365:5 2367:11

2476:14 2479:182512:11,13,15,18

miami (11)2345:19 2347:14

2348:4,9 2349:152350:15,19,242351:12,16 2494:20

michael (6)2348:10 2350:12

2351:13,13 2367:102488:13

michele (5)2345:22 2516:5,12

2517:4,22mid (1)2512:14middle (2)2469:4 2492:7miguel (1)2350:16mike (3)2367:14 2368:21,22milk (3)2373:8 2491:4,5miller (2)2348:18 2350:18million (8)2363:16 2367:15

2368:12 2372:102377:9 2391:192419:19 2420:2

millions (3)2368:23 2460:8

2513:15mills (1)2349:18mind (7)2380:14,17 2381:3

2384:7 2405:92428:1 2458:4

mine (5)2384:7 2427:9

2432:19 2481:192493:4

minimum (3)2369:12,14 2371:11minute (1)2448:1minutes (10)2428:22 2458:5

2503:3,20 2504:6

2505:3,12,212506:7 2510:3

misconceptions (1)2469:14misheard (1)2468:9mislead (2)2492:15,21misled (1)2491:22misrepresentations ...2494:9missed (1)2390:24missing (2)2363:15 2378:24misstating (1)2439:20mistake (3)2372:11 2449:11

2456:8mistaken (1)2481:2mistakes (1)2367:4mob (10)2420:9 2422:9,12,16

2427:2 2428:102469:7 2472:1,82480:15

mom (2)2398:23 2449:25moment (8)2381:24,24 2382:24

2488:12 2489:42494:13 2500:242508:1

monday (13)2357:1 2358:15,19

2361:3 2367:42372:10 2375:102377:1 2379:152380:12 2385:102391:6 2510:19

money (81)2361:20 2363:15

2364:1,3,8,102366:21,22,23,232366:25 2368:182369:17,18 2370:22370:6,10,172371:14 2372:2,3,52372:6 2377:11,232378:18 2381:82391:8,15,15,19


Page 17

2392:9,9,10,11,122392:12 2407:82409:16 2411:222420:3,5,7,92422:15 2424:112425:3 2434:11,142439:9 2440:22,232446:18 2447:82454:19,20,222456:14 2460:62474:9 2476:32478:5,7 2479:4,92479:14 2480:32481:15,19 2483:132483:22 2485:52488:1 2497:142507:4,8,142513:11,11,12,19

morgan (1)2394:2morning (11)2345:12 2358:23

2370:22 2433:2,62433:19 2458:15,162458:20 2504:17,18

morocco (16)2375:14 2429:14,16

2431:3 2435:152440:15 2441:4,72441:10 2443:192444:12,13 2446:42446:11 2451:192452:5

morse (17)2346:4,4,5 2398:4,7

2407:3 2413:21,222419:23,23 2420:72439:16,17,232473:11,15,25

morses (4)2349:5 2439:22

2506:3 2513:18mortar (1)2438:20mosle (1)2350:2mother (1)2398:19motion (2)2447:14,21motto (1)2434:21move (6)2353:17,25 2354:16

2467:11 2483:13,22

movement (1)2479:14moving (2)2362:6 2479:9muddy (1)2490:25mullin (2)2349:8 2506:2multibilliondollar (1)2384:8multimillion (1)2418:1multiple (2)2360:6 2486:3murdered (2)2427:20,22murray (1)2350:5mushroom (5)2491:3,6,7,11,18mutual (1)2440:7

Nn (4)2345:18 2346:13,20

2349:18nada (1)2362:13name (6)2356:16 2395:20

2435:19 2473:12488:13 2500:23

names (3)2382:24 2411:19

2483:6narcissistic (3)2436:1,2,21narrow (1)2470:6nasty (2)2450:6,9naturally (2)2416:14,15nature (2)2388:2 2469:24near (1)2426:6necessarily (2)2421:3 2513:23necessary (1)2490:1need (35)2357:23,24 2372:22

2373:12 2375:21

2377:23 2382:122385:2 2388:222403:20 2404:6,72405:5,6,8 2407:182424:23 2429:182439:13,25 2466:112473:19 2477:72479:15 2494:132495:3,6 2496:122496:15 2497:5,6,72500:10,13 2514:7

needed (42)2357:16 2358:4

2359:25 2360:1,112360:21,22 2365:62365:10 2371:52380:8 2387:82388:20 2405:192407:23 2408:3,42415:24 2431:202439:9 2440:12460:19,20,242461:15,24 2462:162462:18 2463:252468:13 2469:22478:9,10 2481:192482:18 2488:232494:11 2496:182497:4 2498:112499:1,10

needs (3)2365:8 2391:18

2407:13nefarious (1)2388:20negotiated (1)2355:1neither (1)2354:23never (17)2365:24 2374:22

2384:6 2388:62395:19 2405:102434:15 2437:15,212471:20 2483:13,162485:1 2497:132498:8,21 2511:16

nevermind (1)2480:10new (5)2348:20,20 2350:3

2392:9 2458:18nice (2)2499:7 2507:24nicely (1)

2424:18nicknames (2)2409:12,15night (1)2504:1nine (1)2464:6ninth (2)2347:24 2486:3nominating (1)2396:10nonexistent (1)2375:4nonextradition (4)2382:3 2440:20,21

2441:2nono (2)2365:4 2389:17nonsense (1)2496:4noon (1)2505:14nope (1)2373:9nordlicht (1)2350:6normally (2)2378:19 2420:23notary (2)2516:12 2517:22note (1)2514:10noted (1)2423:17notes (3)2388:17 2411:8

2517:9notices (2)2354:13,16november (2)2372:17 2375:3number (9)2362:9 2367:22

2372:6 2373:72386:16 2435:12461:25 2500:6,7

numbered (1)2517:7numbers (4)2368:10 2372:22

2373:6 2414:22numerous (1)2355:3nurik (53)2347:5,7 2356:3,10

2356:11 2362:72367:8 2378:42392:25 2393:52403:7 2410:3,72423:8,10 2429:62430:17 2437:182439:5 2441:8,112441:14 2445:16,202448:22 2449:1,112454:6,10,13,162457:24 2458:102464:13 2485:242486:2,8,10,182503:2,23 2504:162505:6,11,202506:4,4,5,6,8,112506:14 2514:20

nuriks (1)2514:3ny (1)2350:3nystrom (1)2350:9

Ooath (18)2352:8 2356:1 2433:3

2433:5,7,8,9,12,162433:17,19,21,252434:7,17,18,202435:9

oaths (1)2434:4object (39)2353:11,18 2354:10

2363:4 2364:62398:9 2400:182409:20 2421:252424:19 2425:7,192447:15 2452:122453:4,25 2454:42456:16,20,252457:10,15,222462:6 2463:22486:19 2487:242488:20 2489:102490:16 2491:14,232495:6 2505:192506:10 2508:32510:6 2512:22514:19

objection (36)2353:7 2363:6 2395:3

2395:9 2396:12,192403:23 2405:14


Page 18

2408:10 2423:9,122423:15,21 2424:22424:3 2426:13,242427:3 2429:232437:16 2445:152457:7 2460:222462:11 2486:182490:6 2491:82492:4 2493:13,172495:10 2505:10,242508:16 2510:92511:13

objections (1)2355:9obtain (1)2508:14obtained (1)2390:14obtaining (1)2390:7occasion (4)2366:3 2368:22

2509:17 2511:14occasions (4)2369:22 2371:7,20

2379:1occurring (1)2392:7october (3)2375:8,12 2379:17offending (1)2435:1offense (1)2407:1offer (1)2452:4office (11)2347:5 2351:7 2373:5

2374:2 2388:192414:25 2418:62478:5,7 2480:192509:18

officer (1)2479:7offices (1)2349:9official (1)2415:1officials (1)2486:13oh (4)2383:3 2395:24

2444:25 2483:17okay (132)2357:21,22 2358:2,21

2359:9,14,14,16,212359:23 2360:172362:6,20 2364:152364:25 2365:9,132366:6 2367:62368:15,16 2369:52370:21,24 2372:42372:20 2373:32375:2,10,252376:13,22 2377:142377:18 2378:32379:1,9,13 2380:92380:12,16,202382:25 2383:8,162383:20 2384:182385:16 2386:212387:7 2390:222392:14 2424:12428:8 2430:132439:8 2444:2,2,62445:17 2448:6,242449:10,18 2456:72456:9,13 2457:42458:1,2,152459:16,22 2461:32461:7,19 2462:202465:12 2467:11,182467:21 2468:10,222469:9 2470:4,82471:12,22 2472:132473:8,12 2474:212474:25 2475:11,212476:5,17,222480:4,14 2481:142481:22,25 2483:42483:8 2485:13,222486:1,21 2487:12488:13 2489:18,212490:14 2492:212493:24 2494:1,72495:11 2496:172497:1,13,152499:19 2505:6,72506:23 2507:202510:18 2511:4,82513:25

olas (3)2347:10 2348:13

2349:22old (2)2370:13 2455:2once (10)2371:15 2441:4,7,10

2448:6 2452:232455:17 2467:17

2472:24 2488:25oneonone (1)2467:7ones (2)2370:21 2513:21online (7)2373:8,22,23,24

2374:8,9,10open (6)2466:2 2502:17

2503:19 2504:6,102514:6

operate (1)2401:1operations (2)2346:5 2419:24opining (1)2387:25opinion (23)2364:8 2383:24

2387:1,5 2388:42389:2,3,4 2390:82390:13,14,182391:1 2412:112466:20 2467:22468:17 2471:212476:21,22 2489:122489:16 2510:4

opportunity (7)2423:14 2451:15

2455:7,11 2503:102503:11,19

opposite (1)2457:25orchestrated (1)2413:5order (39)2353:13 2354:5

2355:2,13 2375:232376:15 2388:72393:12 2424:16,172424:23 2445:112455:20 2460:192461:5,23 2463:12467:22 2469:102471:25 2473:22474:4,14 2477:52478:22 2481:202482:10 2488:182494:4,8 2496:112498:4,9,19,242503:5 2505:132514:12,19

ordered (1)2514:15

orders (6)2353:13,20,24

2354:23 2411:42439:19

organizations (1)2419:2organized (3)2496:1,2,3originally (1)2465:16orsek (1)2350:23ostrow (1)2351:2outer (1)2357:11outside (4)2386:23 2388:24

2407:24 2437:22outstanding (1)2364:19overthetop (1)2486:23owe (2)2460:5,6owner (3)2414:22 2438:24

2439:7

Pp (10)2345:16 2347:13,23

2348:2,13 2349:2,62349:18 2351:112514:16

package (1)2476:16packet (2)2362:7 2372:16padowitz (8)2387:3,11,13,13

2476:18,24 2477:42478:11

page (3)2352:11 2409:25

2418:15pages (2)2347:1 2517:7paid (9)2371:18 2391:3

2411:23 2424:242439:4,9 2459:142460:10 2477:8

pair (1)2454:7

palin (1)2395:14paper (3)2363:17 2388:12,22papered (1)2391:4paperwork (1)2370:4paralegal (1)2467:13parcel (1)2474:11parents (1)2455:1paris (1)2350:9park (2)2350:2,10part (24)2367:19 2380:12,16

2380:25 2381:1,92381:12,13,152413:23,25 2414:62414:11,16 2415:12415:3 2467:142474:11 2476:162480:1,2 2489:192502:20 2514:6

participants (2)2413:9,14participate (4)2354:25 2413:9

2415:6,8participated (7)2397:21 2398:11

2421:19 2424:52427:16 2430:112475:5

participating (1)2425:15participation (1)2421:2particular (2)2410:9 2424:20parties (8)2355:4 2362:23

2363:22 2379:22447:7 2486:42503:6 2517:11

partner (1)2478:19partners (5)2346:22,24 2348:1

2475:3 2479:22party (2)


Page 19

2503:8 2517:13paskert (1)2349:18passed (2)2362:23 2452:22passion (2)2434:21 2435:3paul (1)2349:17pausing (2)2423:5,11paxil (1)2438:5pay (13)2377:24,25 2379:6

2391:9,19 2392:92396:18 2421:122438:13 2457:32477:9 2478:132496:19

paying (4)2391:15 2428:11

2457:1 2506:15payment (6)2390:19 2477:15,19

2477:24 2507:6,9payments (9)2370:10 2390:24,24

2391:22,24 2408:72431:17 2497:19,21

pearson (15)2351:1 2466:11,11,12

2489:18,18,192501:12,18 2502:72502:12,16 2505:12505:5 2514:6

pearsons (1)2502:25penalty (1)2420:16pending (2)2354:22 2506:24pennsylvania (1)2418:13people (109)2357:11,12,22,23,25

2360:24 2384:10,232385:18 2387:2,92387:22,23 2388:52393:18 2396:182398:15,18 2400:212400:24 2401:3,112401:14,16,20,222402:1,3,5,11,15,172402:20 2403:15

2404:4,8 2405:1,172406:5,23 2407:192407:22 2408:3,42408:12,17 2409:132409:16 2410:1,142411:21 2413:252416:16 2421:7,102424:6,14,16,212426:9,20 2429:112429:16 2434:22435:4 2436:7,102436:18,23 2438:112438:16 2441:62442:25 2443:142444:17 2451:132453:1 2458:212460:18,23,24,252461:5,6,25 2464:92465:16 2467:1,5,52468:14 2469:252470:7 2480:252486:16 2487:52494:10,12 2495:32496:23 2498:182503:4 2504:23,252509:12,19 2512:72513:18,20

peoples (1)2358:3perceived (2)2384:19 2468:18percent (4)2417:3,18 2446:23

2456:10perception (2)2401:6,8perfect (1)2508:20period (6)2370:3 2381:23

2403:9 2470:212471:10 2489:13

perjured (1)2435:14perjury (1)2420:16permitted (1)2353:10permitting (2)2353:13 2355:14perpetrate (2)2387:8 2411:2person (18)2369:17 2382:7

2399:3 2403:14,25

2404:15 2405:32407:12 2428:122429:13 2435:62444:8 2452:32467:13 2500:182507:10 2508:142511:23

personal (3)2366:4 2391:16,20personality (1)2436:2personally (3)2425:14,22,23persons (1)2407:16perspective (1)2411:20peters (2)2419:14 2420:5philanthropy (1)2419:1phillips (3)2479:19,20,22phone (4)2384:25 2386:8

2441:21 2496:14phony (18)2360:14 2410:25

2411:2,4,6,8,12,142411:15,17 2412:72412:9,11,13,17,212413:5,12

photographs (1)2418:16phrase (2)2410:18 2440:2physical (7)2384:11 2425:3,9,18

2425:21 2426:222431:25

pick (2)2458:17 2496:14picked (1)2384:24picturing (1)2384:9pinpoint (1)2463:12pitch (3)2405:13 2456:19

2493:8pitched (1)2493:6pl (1)2349:14

place (3)2345:17 2456:6,9placed (2)2418:23 2467:2places (1)2464:24plaintiff (6)2370:17 2411:23

2414:3,4,5 2495:22plaintiffs (4)2345:6 2346:6,12

2414:1plan (23)2438:9,10,10 2439:2

2439:3,7,12,14,182439:21,25 2440:32440:7,10,14,162442:8,10,232443:10,10 2474:112513:23

plane (2)2382:3 2443:19plans (1)2505:18plantation (3)2418:10 2494:18,19platinum (3)2348:1 2350:1 2505:8play (14)2407:13 2413:23,25

2414:25 2415:32473:20 2474:142476:6,9 2495:212496:11,15 2498:52498:9

played (17)2406:12,17,25 2414:3

2414:4,5,6,11,14,192473:17,18,18,242473:25 2493:112495:16

plaza (2)2348:19 2351:15please (5)2359:20 2364:24

2430:25 2451:32508:1

plenty (4)2364:8,10 2440:22,23ply (1)2410:22plz (1)2351:12pocket (2)2360:14 2398:5

pockets (1)2417:21podhurst (1)2350:23point (40)2358:10,12,22

2368:24 2371:242372:21 2384:12390:2 2392:122407:16 2422:112424:4 2425:112427:8,19 2429:202431:12,19,242433:16,18,182440:18 2443:82444:16,18,232445:9 2446:2,192450:4,8 2464:212465:25 2471:242475:1 2487:6,212504:5 2510:11

pointing (1)2460:14points (4)2407:25 2458:12,18

2491:24poking (1)2488:8police (2)2418:8 2419:6political (4)2418:5,21 2421:19

2500:3politician (1)2453:1politicians (7)2394:20 2401:15,17

2401:19 2418:172421:14 2428:10

ponce (1)2347:23ponzi (12)2375:8 2384:8

2385:21 2419:142431:16 2432:2,132440:6,13 2460:182465:14 2488:22

ponzispeak (2)2371:25 2447:10poor (2)2420:22 2427:25portion (1)2376:19pose (2)2467:19 2472:23


Page 20

posed (6)2472:14,21,24 2473:8

2473:9,16position (3)2396:25 2487:13

2503:24positions (1)2421:20positive (1)2452:4possibility (2)2443:18 2445:4possible (11)2362:3,21 2365:9

2381:6,6,18 2406:62423:12 2450:132456:6 2459:8

potential (2)2389:22 2493:20potentially (1)2384:10power (4)2401:6,8,9 2417:11practiced (1)2445:3precise (3)2386:20 2490:20,22preconceived (1)2469:13preface (1)2496:4prepare (2)2387:24 2466:21prepared (3)2360:14 2390:25

2481:25preparing (3)2470:16 2500:6,7prescribed (3)2437:6,8 2438:1present (17)2374:21 2398:9

2400:18 2403:232405:14 2421:252424:19 2426:132437:16 2453:42456:20 2457:152489:10 2490:62492:4 2500:42511:13

presented (2)2449:19 2451:20president (4)2395:16 2439:23

2484:1 2487:14

presidential (1)2395:14pressed (1)2406:25pressing (1)2407:4pressure (3)2407:16,19,25pretend (2)2413:16 2414:21pretended (1)2402:24pretty (3)2413:1 2432:7

2471:16preve (36)2350:22 2353:5

2356:17,21,232357:2,8,14,222358:5,8,17 2361:12361:9,24 2368:62368:17 2369:232370:24 2371:12,172383:21 2384:252386:4 2387:62388:6 2389:162392:23 2393:232466:25 2476:232490:14,14 2491:162510:4,12

preves (5)2352:10 2368:1

2371:23 2392:222393:13

previous (1)2379:4previously (6)2365:14 2425:12

2478:12 2481:15,182503:17

primers (1)2467:8prince (2)2411:18 2435:17prior (12)2354:14 2355:12

2370:19 2431:252434:6 2435:152439:20 2441:132465:3 2467:22499:5,9

prison (19)2382:4 2384:11

2405:12 2437:12,142437:22 2438:7

2441:3 2442:152443:17 2444:3,82445:6,8 2454:202456:6,9,232457:16

prisonspeak (1)2447:11private (2)2346:14,17privilege (9)2423:13 2429:18

2437:19,20 2444:12444:2 2445:20,222468:2

privy (1)2355:15probably (5)2356:9 2360:12

2459:4 2460:242513:8

problem (5)2439:1,17 2478:5

2502:21 2503:23problematic (1)2449:3problems (4)2360:8 2390:23

2391:3 2483:12proceedings (3)2353:1 2514:23

2516:7proceeds (1)2361:13process (2)2396:14 2503:14produced (1)2369:6product (2)2467:6,8productions (1)2346:25productive (1)2438:15products (1)2417:5professional (1)2345:22project (1)2508:24prolific (1)2419:3promissory (1)2411:8proper (1)2368:11

properly (2)2391:4 2450:11propose (1)2509:2proposed (1)2505:11prosecutions (1)2447:3protocol (4)2353:12,19,23

2354:23protocols (1)2355:16proud (2)2440:25 2443:3provide (4)2373:4 2388:9

2461:11 2462:17provided (5)2389:16 2390:11

2447:22 2452:252503:17

provides (1)2451:24providing (3)2389:20 2390:22

2503:6proving (1)2384:2psyche (1)2405:9psychiatrist (4)2437:1,4,22,23psychological (1)2400:20psychologist (2)2437:22,23psychopath (1)2428:13public (6)2402:21 2403:11

2421:13,16 2516:122517:22

pull (1)2369:20pulling (1)2459:17purchase (1)2421:19purport (1)2506:10purpose (7)2357:15 2447:5

2450:11 2462:42465:7 2474:3

2485:9purposes (3)2391:12 2411:20

2428:17purposing (1)2509:6pursuant (1)2389:15pushing (2)2373:25 2407:12put (28)2353:7 2355:21

2363:6,20 2374:82377:23 2387:2,6,72387:12,13 2389:92389:9,25 2414:172433:5,7,192434:11 2437:132454:22 2459:32463:16 2477:72478:13 2491:172509:9 2511:19

putting (7)2371:14 2372:5,6,6

2467:1 2504:22511:16

Qquality (3)2452:16,19 2453:8quantity (2)2452:20 2453:8question (40)2363:24 2372:24

2374:7,14 2377:142394:13,22 2407:22410:4,6,7,10,242422:20 2423:222429:17 2430:7,92430:23,24 2434:162436:15 2445:112457:11 2462:7,132465:4 2468:4,52471:9 2477:182482:7 2494:152504:15 2506:232507:5 2508:4,9,122508:17

questioned (1)2405:18questioning (5)2354:25 2392:22

2433:9,15 2502:23questions (28)2360:20,21 2373:1


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2379:22 2403:82407:4 2408:62417:16,24 2449:72458:11,20 2464:192467:23 2470:52486:4,13,152487:2,4,8 2493:72503:13 2505:42506:19 2508:232514:1,20

quite (1)2415:14quote (8)2373:8 2380:22

2388:7 2389:132407:6 2410:12468:18 2488:15

quotes (4)2373:22,23 2374:9,10

Rr (3)2347:21 2516:1

2517:1rabin (57)2351:14 2352:5

2367:18,24 2368:52430:2 2458:6,142458:16 2460:2,122461:2 2462:9,122463:4 2464:152465:1 2473:72477:21 2486:1,7,92486:14,21 2487:12487:9 2489:172490:8 2491:1,9,192492:1,11 2493:132493:18 2495:1,112495:13 2496:192500:25 2501:3,72502:2 2503:212504:8 2505:72506:5,16,17,20,222507:25 2508:8,112508:17,22 2509:21

ramon (1)2350:24ran (1)2462:22rant (1)2407:7rasco (32)2350:24 2352:4,6

2353:2,5 2356:5,122356:15,16 2364:9

2367:21,25 2368:82373:15 2375:222376:7,12,16,22,232378:6,9 2392:142393:4,8 2505:152509:22 2510:2,102511:21 2512:102513:25

rationalized (1)2436:9rationalizing (1)2436:23raton (1)2349:11ray (1)2356:16rayman (1)2347:21razorback (2)2345:5 2347:18read (14)2358:9,20 2360:5

2368:3 2376:18,202384:15 2416:9,122416:23 2428:172455:21 2482:152487:3

reading (3)2368:25 2466:1,7ready (4)2353:2,3 2429:8

2500:20real (20)2360:17 2365:1

2377:25 2402:18,182412:1 2413:8,142443:18 2464:252473:10 2485:232488:25 2489:1,12489:15 2490:22492:25 2497:72508:23

realize (2)2480:9 2513:8realized (2)2465:18 2502:5really (22)2358:11 2360:3

2363:8 2369:1,42370:4 2374:92384:15 2426:112433:23 2435:1,42450:5 2471:182480:19 2482:152486:14,23 2488:3

2489:14 2492:232496:18

reask (1)2430:24reason (17)2369:2 2374:8

2423:11,16 2449:122456:24 2458:12461:15 2468:6,112472:6 2478:82482:17,20 2489:12497:4,13

reasons (4)2457:13,21 2458:2

2483:19recall (55)2359:3,7 2361:1,2,6

2361:14,21,242363:9 2371:122372:12,13 2375:152377:12 2378:172379:11 2380:212382:9,11,14,232383:17 2388:102412:3,5 2419:182419:20 2431:112432:18 2441:232449:20,23 2470:132470:15 2473:32481:22 2482:4,122482:13,17,252483:21 2487:162488:10,11,122489:5 2496:102497:16 2498:112499:5 2507:5,212512:13,15

receivables (1)2364:19receive (3)2391:23,24 2503:9received (1)2480:3receiving (2)2370:17 2507:8recess (2)2429:7 2458:7recollection (24)2362:4 2382:21,25

2410:13 2411:242412:5 2461:4,222463:23 2464:3,82464:11,11 2467:202477:6 2480:182481:13 2482:23

2487:22 2488:102489:4 2490:92497:25 2500:20

reconciled (1)2382:5record (30)2353:8 2354:20

2355:11,22 2356:182367:19,20 2376:42376:6,20 2392:182392:25 2410:10,202423:10 2449:92458:8 2483:142490:25 2493:162502:6,8,13,17,202503:19 2504:5,102514:11 2516:8

recorded (1)2376:20recordkeeping (1)2375:20records (4)2362:13,14 2366:10

2389:14recouping (1)2513:21recruited (2)2492:12,23red (2)2392:12 2465:18reduce (3)2443:11 2448:10

2452:11reduced (3)2444:18 2451:17

2453:15reducing (1)2443:22reduction (7)2444:7,22 2446:22

2450:23 2451:52452:8,24

refer (3)2497:24 2498:16

2499:13referral (3)2415:4 2475:8,9referred (2)2407:15 2498:15referring (5)2370:18 2377:15,22

2493:20 2494:5reflect (5)2347:1,2 2354:20

2355:11 2423:10

reflecting (1)2369:23refresh (2)2412:5 2464:3refreshes (1)2482:23refusing (1)2353:21regard (2)2389:13 2494:7regarding (7)2356:23 2372:9

2403:11 2463:242464:12 2485:22487:12

regardless (1)2444:3regent (1)2346:22registered (1)2345:22regular (1)2363:11regularly (3)2370:10 2406:15

2479:21rein (2)2360:21 2361:2related (3)2393:6 2426:3

2483:18relating (1)2375:11relationship (6)2402:12 2431:25

2480:4,7 2499:162506:9

relative (2)2365:6 2517:12relax (1)2429:6reliance (1)2514:18relied (1)2369:11religion (2)2402:25 2403:13religiosity (1)2403:12religious (2)2403:9 2419:2reluctant (1)2471:25rely (1)2369:9


Page 22

relying (3)2370:5 2514:11,14remain (1)2504:5remember (26)2358:19 2361:17,18

2361:19 2370:32371:15 2385:62390:16,17 2416:212431:18 2433:192434:18,19 2438:202449:25 2450:1,52465:25 2466:32480:17 2495:172506:25 2508:242510:18,24

remembered (1)2473:15reminding (1)2433:16render (1)2377:17renie (1)2497:11repay (1)2377:11repeat (3)2422:3,20 2433:24repeatedly (5)2385:8 2436:4,7,21

2436:22repetitive (1)2486:23rephrase (1)2462:10report (2)2516:7 2517:6reporter (13)2345:22 2352:8

2353:16 2355:182373:12 2376:10,132376:20 2414:112514:13 2516:52517:4,18

reporting (1)2345:23represent (5)2353:4,5 2356:17

2486:5 2503:8representation (1)2514:17represented (1)2354:11representing (2)2447:7 2449:10

reproduction (1)2517:16request (4)2389:15 2482:2

2502:15 2514:5requested (2)2376:19 2482:11requesting (1)2482:14requests (2)2361:10 2465:20require (1)2451:12required (1)2408:2requirement (1)2371:11research (1)2416:13resentencing (5)2455:8,12,14,23

2456:1reserve (4)2354:7,8 2392:14

2514:20resolve (1)2380:23respect (5)2361:1 2383:18

2471:22 2481:142496:9

respectively (1)2393:14respond (3)2372:23 2373:9

2407:5responds (2)2364:17 2367:14response (7)2368:9 2374:3

2380:21 2403:22410:9 2458:202470:2

responses (2)2372:24,25rest (2)2442:21 2501:16restaurants (1)2418:2result (2)2371:13,13results (1)2364:4retired (1)2509:7

return (6)2429:14 2441:1

2443:20 2451:192452:5 2459:23

returned (1)2429:15returning (1)2435:15returns (2)2402:18,18reverify (1)2370:16reviewed (2)2388:3,6reviewing (2)2503:15,25revolved (1)2443:15rewarded (2)2408:17,20rich (2)2420:22,24richard (2)2466:11 2489:18richer (1)2420:24right (139)2354:7 2356:8

2363:12 2368:52369:3 2372:242375:8 2379:16,252380:18 2382:7,102382:24 2384:232385:1,2,3 2390:242391:24 2392:42393:20 2394:202397:5,17 2399:122399:16 2400:222401:12,15 2402:122402:22 2405:232407:1,9,16,19,202408:20,20 2413:12413:10,15 2414:12414:12 2415:1,42415:18 2416:242417:1,1 2418:192419:15 2420:17,222421:5,6,8 2422:162426:7 2427:6,102427:23 2428:15,212431:23 2432:7,132432:24 2433:4,92433:12,17,222434:22 2439:2,42440:13 2441:8

2442:9,13,172443:5,10,112445:5 2446:62447:14,18,23,252448:1,2,10,12,142448:16,25 2449:42449:19 2450:10,162455:5 2456:152458:17,24 2461:92462:24 2468:252469:3 2470:9,112471:13 2473:62477:15,22 2478:202480:24 2484:1,42484:16 2488:172489:9 2491:222494:21 2497:3,192497:22 2498:4,142498:23 2499:12,162500:5 2505:72506:16 2507:252509:2 2511:62512:12

rights (1)2354:9rival (1)2509:10rivaling (1)2417:8rli (1)2348:17road (1)2349:10robbins (1)2348:10roberta (2)2349:9,11robin (2)2420:19,21role (12)2359:9,10,11 2415:20

2416:13 2462:212474:15 2483:92498:5,9 2509:142513:17

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2496:11roll (1)2449:8rosanne (1)2349:21rosenfeldt (5)2354:21 2431:22

2478:20 2479:20

2510:15rosenfeldts (1)2467:13rossi (2)2499:12 2500:1rothstein (40)2345:8,13 2346:8,13

2347:4 2352:22353:11,14,222354:3,8,21 2355:12355:14,24 2356:162368:6 2393:172396:22 2399:252416:5 2418:232423:5 2430:162435:21 2441:242452:18 2458:152468:4 2470:42479:20 2485:202487:10 2503:8,112503:15 2505:202506:11 2510:32514:18

round (2)2355:5 2461:10rpr (2)2516:12 2517:22rra (1)2435:3rralaw (1)2442:4rule (12)2447:3,11,14,20,24

2448:1,7 2450:152450:23 2451:42455:19,20

run (1)2510:22russ (5)2478:19 2498:7,13,25

2498:25russell (1)2461:9

Ss (10)2345:23 2347:5,7,13

2347:25 2348:102349:7,14 2351:72443:16

safe (1)2444:6salesman (1)2400:22sam (5)


Page 23

2368:3 2458:42486:23 2503:232508:4

samuel (1)2351:14sand (1)2438:17sarah (1)2395:14sat (3)2386:4 2487:3 2498:1save (1)2390:5savoy (5)2345:22 2516:5,12

2517:4,22saw (1)2508:5saying (27)2361:11 2365:12

2366:11,22 2367:142368:17 2387:172391:1 2426:4,52433:21 2442:12458:1 2460:9,132462:1,5 2463:202468:12 2473:162474:2,19 2475:62489:6 2492:32498:23 2501:9

says (8)2362:18 2373:7

2391:18 2447:4,242448:2 2456:12505:13

scale (1)2404:3scandiffio (2)2432:9,10scenarios (1)2415:9scheduled (1)2391:23scheme (27)2384:8 2385:21

2387:8 2402:92408:18 2419:142431:16 2432:22440:13 2460:192461:6 2462:2,3,232463:1,6,7,8,92465:14 2469:42478:23 2481:52486:17 2488:222489:20 2498:9

schemes (2)2409:17 2419:13scherer (54)2347:19,21 2363:4,6

2364:6 2408:102409:20 2422:19,232423:9 2426:162445:10 2446:3,212447:5,15 2450:32452:12 2453:12,252456:16,25 2457:72457:22 2458:82460:22 2462:6,112463:2 2486:19,222487:24 2488:202490:16 2491:8,142491:23 2494:242501:1,5,10,212502:4,11,152503:1 2506:8,122508:3,10,182510:6,9 2514:5

scherers (2)2412:2 2508:12schlesigner (4)2355:19 2368:3

2392:17,24schlesinger (3)2351:11,13 2505:23schmookler (1)2348:20schnapp (2)2348:15 2505:25school (1)2431:20schwarzenegger (1)2395:12scott (28)2345:8,13 2346:8,13

2347:4 2348:202349:6 2352:22355:24 2393:172396:22 2409:19,222410:1,15 2413:162429:6 2441:242472:15,16,192473:8,14 2474:4,62474:14 2485:202501:20

screen (1)2412:10scribble (2)2360:16 2388:17scum (1)2380:13

second (6)2372:16 2378:7

2389:8 2455:162460:5 2485:24

secretaries (1)2414:5secretary (1)2504:2secure (1)2402:11security (2)2419:6 2466:8see (28)2359:7 2360:6

2367:16 2368:9,152369:1,12 2370:232372:23 2378:162382:13,19 2388:232389:5 2404:222463:3 2469:162470:1 2482:16,232485:3 2490:212494:24 2501:20,222502:2 2503:122512:16

seeing (7)2361:1 2368:19

2377:16 2436:252463:11 2490:122507:22

seek (3)2361:25 2363:21,21seeking (3)2361:16,17 2374:11seen (5)2383:12 2436:25

2437:22 2450:62510:7

seigal (1)2350:11selfdestructive (1)2511:19sell (2)2467:6,8selling (1)2417:5seltzer (1)2398:5senator (3)2394:25 2395:2,5send (10)2353:22 2356:3

2370:10,10,112371:5 2386:142388:21 2396:24

2495:4sending (6)2354:5 2370:2,6,7

2383:13 2461:12sends (1)2369:13senior (2)2479:21 2487:14sense (5)2383:9 2400:24

2404:18,22 2512:19sensed (1)2401:4sent (9)2360:19 2366:12

2382:12 2386:6,72414:22 2475:62485:5 2499:20

sentence (20)2400:4,7,10 2442:20

2443:9,11,222444:10,18,222446:9,22 2448:102449:14 2451:162452:11,24 2453:152455:24 2456:4

sentenced (1)2455:17sentencing (8)2399:8 2416:20

2429:25 2430:32450:10,15 2455:162472:6

senterfitt (1)2348:8separate (2)2502:8,12separately (1)2365:23sequential (1)2375:23series (2)2415:7 2482:1seriousness (1)2356:21sertraline (2)2437:6 2438:1served (2)2354:13,15serving (1)2443:9session (4)2345:12 2347:2

2394:10 2409:24set (3)

2497:1 2504:112505:18

sets (1)2374:1settlement (6)2362:1 2388:2,25

2406:17 2411:6,21settlements (1)2474:8shareholders (1)2485:12sheriffs (1)2418:6shirt (4)2414:17 2454:7,9,13shirts (1)2454:14shit (2)2491:13,17short (1)2489:13shortage (12)2375:11 2377:8,10,15

2377:18,21,222378:13,18,21,222378:23

shorthand (3)2516:5 2517:4,9shot (1)2432:17shots (1)2412:10shoulder (2)2373:10,13shouldnt (1)2459:5show (18)2361:22 2366:10,18

2366:19 2375:162378:5,6 2379:112379:13 2382:112385:24 2388:12390:4 2399:172412:4 2467:5,52487:20

showed (4)2372:9 2464:23

2465:8 2499:2showing (2)2373:10 2411:20shows (3)2415:17,18,25shut (3)2353:15,20 2404:24sic (1)


Page 24

2453:11side (3)2368:19 2446:14

2479:11sign (4)2373:7,16,22 2387:13significant (3)2365:1 2493:23

2498:16silverman (1)2349:14silversea (1)2419:15similar (1)2509:3simony (1)2359:21simple (5)2365:14 2383:17

2384:4 2403:212417:8

simply (8)2359:23 2365:9

2370:5 2372:62468:2 2477:62478:6 2479:3

singerman (2)2347:10 2494:20single (4)2417:2,16 2444:8

2452:3sir (23)2353:17 2355:18

2368:15 2396:142397:8 2399:112400:5 2405:82410:12,18 2426:112434:5,17 2436:132437:1,9 2448:62455:16 2472:122487:11 2489:242509:16,20

sister (3)2398:24 2450:1

2455:1sit (14)2357:18,19 2358:20

2363:14 2380:22383:1 2384:15,202388:16 2464:22471:18 2482:13,152498:10

sitting (6)2388:18,19 2426:3

2440:22 2445:5

2488:7situated (2)2364:13 2478:6situation (1)2384:7six (1)2349:23sixth (1)2349:7size (1)2358:3skills (1)2413:4skolnick (1)2348:14sleep (1)2426:4sleeping (3)2427:8 2431:23

2493:14slow (2)2373:12 2469:17small (1)2390:21smart (2)2511:23,25smooth (1)2469:18sneakers (2)2454:5,18socialites (1)2418:18socialized (1)2397:5society (2)2418:15 2438:15sociopath (1)2436:18sociopathy (3)2436:14,16 2437:8soil (1)2443:16sold (1)2440:23soldier (1)2468:19solely (2)2457:5,5solution (1)2510:21somebody (14)2371:3 2404:22

2424:10 2433:72448:19 2450:252452:22 2467:19

2468:22 2474:232476:19 2485:52495:21 2499:17

someday (1)2444:9someplace (3)2372:5,6,7son (3)2398:25 2439:22

2493:3soon (1)2456:6sophisticated (1)2417:8sorry (28)2354:18 2361:15

2363:5 2367:212368:10 2378:102399:20 2400:82407:2 2409:212422:3,19 2436:152438:19 2441:92448:20 2468:72472:16,20 2473:72473:13 2477:212480:6 2484:6,182493:24 2494:222508:13

sort (1)2511:18sought (1)2366:1sound (1)2473:21sounds (1)2362:4source (2)2485:1,3sources (2)2377:19 2415:4south (3)2347:19 2348:3

2349:2southeast (1)2348:8southern (2)2438:19,19speak (5)2385:11,13,17

2448:19 2504:12speaker (8)2375:24 2408:11

2422:1,14 2424:152425:20 2427:12454:4

specific (12)2357:12 2358:18

2362:4 2370:182371:21 2386:212407:22 2415:232465:24 2467:232470:15 2490:9

specifically (11)2371:3 2376:7

2378:12 2390:22393:8 2431:12,182432:18 2459:222482:12 2487:5

specifics (3)2361:21 2394:22

2396:15speculate (1)2382:17speculating (1)2377:22speeches (1)2470:6spend (4)2404:9,14 2430:21

2442:20spinosa (8)2351:10 2392:19,21

2481:2,9,252482:10 2486:6

split (1)2475:4spoke (8)2357:1 2385:18

2441:13 2448:20,222448:24 2483:16,17

sporting (2)2409:7 2419:7sports (1)2418:17spot (1)2390:21spousal (1)2444:2spritzer (1)2364:25srothstein (1)2442:4st (4)2349:17,18 2350:19

2350:23stack (1)2452:15staffed (1)2505:17stand (3)

2373:10,13 2487:8standard (2)2407:7 2433:10standing (1)2507:10start (13)2407:4 2433:9 2445:9

2446:3 2461:62464:2 2469:10,112472:7 2502:7,9,112505:4

started (10)2399:15 2408:6

2433:3 2469:252470:16 2471:232490:15 2498:222509:13 2512:16

starters (1)2390:19starting (2)2379:2 2509:3starts (4)2387:15 2469:19

2501:15,18state (6)2356:18 2473:7

2516:3,12 2517:22517:22

stated (2)2376:7 2393:8statement (6)2383:17 2384:5

2453:5 2472:122485:10 2493:12

statements (12)2356:22 2360:15

2369:6,7 2403:112412:9,21 2481:162498:8,18 2500:82500:11

states (8)2351:7 2372:21

2395:2,5 2418:122441:1 2442:92443:20

stating (4)2361:9 2362:11

2368:10 2377:2statute (2)2447:4 2448:2stay (4)2449:8 2479:7 2480:5

2503:19stays (1)2502:17


Page 25

ste (7)2348:13 2349:18

2350:19,23 2351:32351:8,12

steal (1)2420:21stealing (3)2420:22,23 2439:24stearns (1)2350:18steffen (1)2390:15stenotype (1)2517:6step (1)2382:2stepped (1)2443:16stettin (12)2346:17,18,20,21,22

2346:23,25 2347:92449:18,21 2451:242453:11

steve (15)2414:3,4 2472:13,17

2475:21 2484:12495:14,14,192496:7,13,13,152499:12 2500:1

steves (1)2495:23stickers (1)2376:3sticking (1)2438:17stolen (2)2378:24 2436:9stone (1)2351:9stood (1)2513:14stop (4)2407:14 2429:12

2501:19 2503:22stopped (3)2429:10 2511:9,16story (7)2408:7 2438:22

2472:3,8 2474:132480:16 2495:20

strategy (1)2388:8street (3)2345:18 2347:13

2349:7

stress (1)2384:12stretching (1)2418:6strike (2)2353:25 2354:16stripes (1)2403:22structure (1)2388:3structured (2)2346:18 2348:1stu (2)2383:4 2431:22stuart (2)2467:12 2478:20student (2)2427:9 2431:21stuff (5)2372:19 2387:7

2456:8 2489:152511:20

stupid (1)2512:8suarez (1)2347:16subject (5)2367:7,8 2372:19

2376:8 2459:10subjects (1)2393:9submitted (1)2366:7subponzi (2)2462:23 2489:19substantial (5)2447:23 2450:24

2451:4 2478:112481:21

succeed (1)2358:4success (3)2402:8,15 2417:25successful (1)2412:25sufficient (1)2356:19suggest (3)2423:20 2438:11

2441:5suggested (2)2447:20 2510:20suggesting (4)2366:6 2385:20

2442:24 2459:13

suggestion (1)2438:16suicide (4)2432:3,6,12,15suite (7)2347:6,11,14 2348:3

2349:3,10 2351:15suited (2)2407:13 2504:15summarized (1)2462:15summarizing (1)2495:15sums (1)2411:22sundry (1)2459:18supposed (11)2369:12 2377:25

2391:15,23,242396:4,8,21 2499:42503:9,16

sure (22)2374:10 2380:2

2386:25,25 2390:42390:10 2392:172393:17 2422:152423:25 2446:172447:7 2449:82453:24 2461:82465:6,6 2470:182482:9 2494:152495:11 2500:25

surrogate (1)2506:11susan (3)2348:4 2473:4,5susceptible (2)2404:11,23suspect (1)2432:20suspicious (1)2483:24sw (1)2351:3switch (1)2405:2switches (1)2481:16sworn (2)2355:25 2433:11symptoms (2)2436:14,20system (2)2411:21 2466:8

szafranksi (1)2350:12szafranski (7)2367:11 2368:9

2374:24 2488:132491:2 2510:13,14

Tt (4)2516:1,1 2517:1,1table (1)2355:3take (11)2354:25 2378:11

2387:14 2388:112392:15 2442:202458:4 2464:252471:2 2500:212508:18

taken (8)2345:16,22 2354:1,2

2371:18 2410:172429:7 2443:3

talk (16)2372:5 2400:20

2413:3 2419:132428:25 2438:122440:1 2446:252447:10 2448:82452:18,19 2456:72456:8 2480:242481:8

talked (13)2375:10 2379:21

2399:18 2441:7,102447:10 2450:22478:20 2493:32495:14 2498:212500:5,6

talking (18)2363:15,15 2372:2

2379:16 2386:22,232399:15,20 2432:82443:14 2447:112455:15 2464:132495:25 2496:1,22498:12 2501:6

tallahassee (1)2418:11tampa (2)2349:18,19tanen (1)2348:2tangible (1)2410:22

target (1)2454:16tax (13)2420:11,12,14,15,16

2421:2,3,7,92459:10,23 2476:162479:23

taxes (6)2420:13 2421:10

2459:14,16 2460:52460:10

td (17)2346:13,20 2348:12

2354:2,9 2374:152464:22,25 2465:82465:10 2480:242482:24 2486:82497:1,4,6 2505:25

teaching (1)2454:21technique (1)2407:15ted (18)2398:4,7,10 2413:20

2419:23 2420:72439:23 2440:12473:15,17,192474:6,7,12,18,192475:2,2

telephone (1)2413:10telephonic (3)2413:5,8,12tell (66)2355:25 2357:18,20

2358:9 2360:202368:20 2369:4,112369:16,20 2370:122370:13 2382:132385:3,25 2389:62392:6 2396:12403:21 2417:12433:12 2438:132442:15 2443:232446:16 2450:252451:15 2453:202456:10 2458:22460:19 2465:72468:5,11 2469:112470:12 2473:142474:4,24 2475:112475:13,14,152476:5,8 2478:102478:22 2481:162482:18 2488:17,23


Page 26

2489:2,25 2492:52494:8 2495:3,202495:22 2496:132497:3,5 2498:4,242499:1,25 2507:1

telling (17)2360:7 2365:13

2369:14,24 2381:22404:7 2405:62434:1,3 2437:132448:3 2457:62466:3 2470:132485:11 2490:32498:10

tells (2)2369:17 2451:8ten (3)2404:3,3 2419:21tens (1)2460:8tentacles (1)2469:22term (1)2491:13terms (4)2481:4,11 2499:3

2501:25terribly (1)2398:21testified (14)2356:1 2372:10

2380:1,12 2381:202407:6 2411:252417:23 2425:122462:16 2481:15,182483:5 2491:12

testify (1)2409:25testimony (21)2354:1,2,4 2356:22

2357:4 2363:92433:11,11,24,252439:20 2440:172450:2 2463:232496:9 2499:4,5,142504:24 2505:12511:22

text (1)2441:19texting (1)2385:7thank (11)2354:18 2356:11

2376:22 2392:242422:23 2470:10

2505:7 2506:202508:10 2513:252514:22

thanks (1)2367:25thats (87)2357:21 2358:14

2360:2,4 2362:8,182365:16 2369:212376:14 2377:10,102385:5 2386:112391:4 2394:132398:6,12,13,172399:7,22 2401:5,72401:13 2404:122405:10,13,152407:20,20 2409:182414:2 2416:17,172416:18 2417:232418:20,25 2419:52419:9,12 2420:232425:6 2426:2,32427:18,21 2428:52430:9 2432:112433:10 2434:232436:5 2438:4,162440:9 2443:102445:17,20,222447:24,25 2451:52451:13,23 2452:102458:6 2465:92468:2,17,242469:2 2470:2,32477:22,25 2480:222485:18 2486:172488:10 2489:152491:10,20,252493:12 2505:22514:22

theme (2)2460:16 2464:5thenconscious (1)2440:24thengovernor (1)2397:1theres (16)2358:11 2367:6

2371:25 2376:62378:20 2423:252433:8 2450:172451:7,11 2455:192455:25 2456:72463:12 2466:152467:9

theresa (1)

2347:16theyre (5)2393:11 2428:16

2446:24 2470:12501:5

thief (1)2380:13thieves (3)2492:2,6,10thing (27)2357:3 2358:7

2364:18 2382:82384:23 2385:1,2,42387:12 2388:182399:19 2417:172426:6 2440:112443:5,5 2452:132453:21 2469:162475:9 2488:252492:7 2495:17,182497:10 2501:182512:4

things (49)2357:4,12 2360:9

2363:10 2386:6,72389:12 2398:132399:5 2405:72406:22 2408:15,162415:24 2416:232424:22 2440:222449:2 2456:22458:22,25 2459:32459:4 2460:202461:13 2463:5,6,72463:8 2465:212466:1 2468:162469:15,19,25,252471:23 2474:102476:23 2480:182483:20 2487:20,232490:4 2492:252495:5 2504:12511:15 2512:8

think (65)2355:8 2374:8

2377:14,18,21,222381:24,25 2382:42383:6,9 2384:4,222388:20 2391:172411:24 2424:72428:23 2431:122433:10 2435:6,72435:24,24 2438:222440:16 2441:122442:7 2443:6

2444:10 2447:32452:2,14 2455:182455:19,21,22,252457:20 2463:202464:2 2466:212469:20 2470:13,182470:23 2474:102475:8,9 2477:102477:20 2480:252483:5 2489:142491:11 2492:16,192492:25 2493:7,122497:21 2499:52504:14 2508:22511:7

thinking (6)2368:25 2395:24

2446:15 2465:252477:20 2483:23

third (4)2345:23 2348:8

2363:22 2372:21thought (13)2369:23,25 2371:1,5

2405:19 2416:22465:16 2480:102489:8 2491:5,102511:15,22

thousands (5)2368:10,23 2383:21

2384:2 2511:7threat (2)2425:3,4threaten (4)2424:10 2425:21

2426:18 2440:7threats (2)2425:9,18three (6)2417:24 2432:24

2454:15 2459:112480:25 2510:3

thriving (1)2418:3throckmorton (1)2347:23throw (1)2408:12tie (1)2414:17tiger (1)2403:22tightly (1)2355:1time (84)

2345:16 2353:10,212354:19 2355:202356:19,24 2358:82358:10,12 2366:72368:24 2369:32370:4 2371:24,242375:3,7 2376:82378:11 2380:13,142380:18 2381:20,232382:6 2383:202384:1,12 2385:162386:1 2391:32392:13,15,232398:23,23 2404:92404:14 2408:32414:14,21 2415:152430:22 2431:12,192431:24 2435:212437:21 2440:182442:13 2443:122445:4,19 2448:142448:17 2459:122464:21 2465:252466:19 2467:182470:18,21 2471:102471:24 2473:172479:2 2480:182486:25 2487:25,252488:21 2489:132491:24 2493:32502:22,23 2503:32504:11 2505:12,222509:8,22 2512:18

timely (2)2353:22 2354:6times (18)2360:19 2388:16

2392:21 2399:16,182413:25 2414:152435:12 2459:2,4,92459:9,11 2467:162476:18 2486:112491:7 2500:6

timing (2)2371:21,22timmerman (4)2428:6 2429:1 2431:5

2432:2title (1)2487:16toast (3)2373:8 2491:4,5today (17)2355:8 2380:2

2384:20 2390:5


Page 27

2456:11,12,13,232464:7 2482:132498:10 2504:172505:14,15,162511:4 2514:16

token (1)2465:13told (83)2355:3 2357:16

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2011-12-22 Rothstein Scott AM