HOUSE_OVERSIGHT_017507.jpg
2.81 MB
Extraction Summary
6
People
5
Organizations
1
Locations
2
Events
2
Relationships
4
Quotes
Document Information
Type:
Legal deposition transcript
File Size:
2.81 MB
Summary
This document is a four-page condensed transcript (pages 66-69) of a deposition of Scott Rothstein. He is questioned by Ms. Haddad regarding the electronic filing of federal court cases via PACER in 2009, specifically concerning a complaint filed by attorney Brad Edwards around July 24th. Rothstein admits that while he lacks specific recollection of the filing or a July 23rd meeting, the case may have been utilized to further his Ponzi scheme. The document ends with a question regarding whether Cara Holmes was an FBI or IRS agent.
People (6)
| Name | Role | Context |
|---|---|---|
| Scott Rothstein | Witness |
Being deposed; admits to utilizing filings for a Ponzi scheme; discusses PACER and emails.
|
| Ms. Haddad (Tonja) | Questioning Attorney |
Conducting the deposition; asking about federal filings and emails.
|
| Mr. Scarola | Attorney |
Likely representing the witness; makes objections.
|
| Mr. Goldberger | Attorney |
Intervenes to ensure the deposition of Rothstein continues without interference.
|
| Brad Edwards | Attorney |
Mentioned as the attorney who filed the complaint in federal court.
|
| Cara Holmes | Government Agent (alleged) |
Mentioned as being formerly FBI or IRS.
|
Organizations (5)
| Name | Type | Context |
|---|---|---|
| Federal Court |
Venue where complaints were filed.
|
|
| Friedman, Lombardi & Olson |
Listed in footer.
|
|
| FBI |
Mentioned in relation to Cara Holmes.
|
|
| IRS |
Mentioned in relation to Cara Holmes.
|
|
| House Oversight |
Document stamp HOUSE_OVERSIGHT_017507.
|
Timeline (2 events)
Locations (1)
| Location | Context |
|---|---|
Relationships (2)
Rothstein discusses instructing Edwards to file complaints; Edwards filed the complaint on July 24th.
Haddad is deposing Rothstein.
Key Quotes (4)
"It also certainly may have been utilized by me to further the Ponzi scheme."Source
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Quote #1
"And for the life of me, this I am certain of, if I told Mr. Edwards to file a complaint in federal court, if there wasn't a legitimate reason for him to do it, he wouldn't have done it."Source
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Quote #2
"I actually never actually did the actual electronic filing procedure. I had people that did that."Source
HOUSE_OVERSIGHT_017507.jpg
Quote #3
"we are deposing Rothstein right now"Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (4,229 characters)
Page 66
1 address from your firm; is that correct?
2 A. Yes.
3 Q. And were you filing any cases back in 2009
4 in federal court? Do you remember how PACER works?
5 MR. SCAROLA: Which question would like
6 answered?
7 THE WITNESS: I don't remember.
8 MR. SCAROLA: Objection, compound.
9 BY MS. HADDAD:
10 Q. Do you remember how PACER worked when you
11 were filing a case, Scott?
12 A. I actually never actually did the actual
13 electronic filing procedure. I had people that did
14 that. I knew that we could file electronically.
15 Q. Do you know the purpose of your using your
16 e-mail address when you were filing electronically in
17 federal court?
18 A. I guess so you can get a receipt, but I have
19 no idea.
20 Q. Did you ever receive an e-mail from federal
21 court in your e-mail address that showed that a
22 document had been filed with the stamps that you see
23 on the top of that one?
24 - MR. SCAROLA: Counsel, are you
25 attempting --
1 address from your firm; is that correct?
2 A. Yes.
3 Q. And were you filing any cases back in 2009
4 in federal court? Do you remember how PACER works?
5 MR. SCAROLA: Which question would like
6 answered?
7 THE WITNESS: I don't remember.
8 MR. SCAROLA: Objection, compound.
9 BY MS. HADDAD:
10 Q. Do you remember how PACER worked when you
11 were filing a case, Scott?
12 A. I actually never actually did the actual
13 electronic filing procedure. I had people that did
14 that. I knew that we could file electronically.
15 Q. Do you know the purpose of your using your
16 e-mail address when you were filing electronically in
17 federal court?
18 A. I guess so you can get a receipt, but I have
19 no idea.
20 Q. Did you ever receive an e-mail from federal
21 court in your e-mail address that showed that a
22 document had been filed with the stamps that you see
23 on the top of that one?
24 - MR. SCAROLA: Counsel, are you
25 attempting --
Page 67
1 THE WITNESS: I don't know one way or the
2 other.
3 MR. SCAROLA: Are you attempting to
4 establish that that complaint was filed in federal
5 court by Brad Edwards?
6 MS. HADDAD: I'm asking him if he recalls
7 the way it's drafted and why.
8 MR. SCAROLA: Just ask your question.
9 MS. HADDAD: I'm asking a question. If you
10 have any objection, please lay it on the record.
11 MR. SCAROLA: No, what I want to do is try
12 to save some time. If what you are trying to
13 establish is that Brad filed the complaint in federal
14 court on July 24th and used the PACER system, you
15 don't need to ask any more questions about that, it
16 happened.
17 MR. GOLDBERGER: We appreciate that, but
18 when we depose you we'll ask you that question. But
19 we are deposing Rothstein right now so let her ask
20 her questions. Don't do this speaking stuff, let her
21 ask the questions, okay?
22 MR. SCAROLA: Maybe.
23 MR. GOLDBERGER: Okay. Go ahead, Tonja.
24 BY MS. HADDAD:
25 Q. Scott, did you ever get e-mails like that
1 THE WITNESS: I don't know one way or the
2 other.
3 MR. SCAROLA: Are you attempting to
4 establish that that complaint was filed in federal
5 court by Brad Edwards?
6 MS. HADDAD: I'm asking him if he recalls
7 the way it's drafted and why.
8 MR. SCAROLA: Just ask your question.
9 MS. HADDAD: I'm asking a question. If you
10 have any objection, please lay it on the record.
11 MR. SCAROLA: No, what I want to do is try
12 to save some time. If what you are trying to
13 establish is that Brad filed the complaint in federal
14 court on July 24th and used the PACER system, you
15 don't need to ask any more questions about that, it
16 happened.
17 MR. GOLDBERGER: We appreciate that, but
18 when we depose you we'll ask you that question. But
19 we are deposing Rothstein right now so let her ask
20 her questions. Don't do this speaking stuff, let her
21 ask the questions, okay?
22 MR. SCAROLA: Maybe.
23 MR. GOLDBERGER: Okay. Go ahead, Tonja.
24 BY MS. HADDAD:
25 Q. Scott, did you ever get e-mails like that
Page 68
1 from federal court?
2 A. I'm certain I did, Tonja. I don't have a
3 specific recollection of getting the one pertaining to
4 this. I don't even know if they sent it to me. I
5 would imagine they'd send it back to Mr. Edwards.
6 Q. The filing attorney?
7 A. I suspect, unless the PACER system is
8 registered on my name, then maybe it comes to me, but
9 I am completely guessing.
10 Q. But based upon the e-mail communications of
11 July 22nd and the meeting occurring on July 23rd, this
12 complaint was filed the day of this meeting; is that
13 correct?
14 A. Okay. But here is the problem with your
15 question, I don't remember whether or not there
16 actually was a meeting. I said there may have been,
17 and I don't have an independent recollection of this
18 being filed. I do not have an independent
19 recollection of whether I told someone to file this.
20 And for the life of me, this I am certain of, if I
21 told Mr. Edwards to file a complaint in federal court,
22 if there wasn't a legitimate reason for him to do it,
23 he wouldn't have done it.
24 Q. Do you recall if this federal case was filed
25 when you decided to use the case for your Ponzi scheme
1 from federal court?
2 A. I'm certain I did, Tonja. I don't have a
3 specific recollection of getting the one pertaining to
4 this. I don't even know if they sent it to me. I
5 would imagine they'd send it back to Mr. Edwards.
6 Q. The filing attorney?
7 A. I suspect, unless the PACER system is
8 registered on my name, then maybe it comes to me, but
9 I am completely guessing.
10 Q. But based upon the e-mail communications of
11 July 22nd and the meeting occurring on July 23rd, this
12 complaint was filed the day of this meeting; is that
13 correct?
14 A. Okay. But here is the problem with your
15 question, I don't remember whether or not there
16 actually was a meeting. I said there may have been,
17 and I don't have an independent recollection of this
18 being filed. I do not have an independent
19 recollection of whether I told someone to file this.
20 And for the life of me, this I am certain of, if I
21 told Mr. Edwards to file a complaint in federal court,
22 if there wasn't a legitimate reason for him to do it,
23 he wouldn't have done it.
24 Q. Do you recall if this federal case was filed
25 when you decided to use the case for your Ponzi scheme
Page 69
1 and show it to your investors?
2 A. It may have been filed around that time,
3 because I haven't been able to establish the exact
4 time. It also certainly may have been utilized by me
5 to further the Ponzi scheme. Also, I don't have an
6 independent recollection of that either. Without
7 seeing e-mail traffic, I can't tell you one way or the
8 other exactly what was going on at that time.
9 Q. Well, then I'll point you to another e-mail
10 which is marked as EP 001.
11 MR. EDWARDS: Let me see it.
12 MS. HADDAD: I sent a copy to your office.
13 MR. SCAROLA: He would like to see a copy
14 now. Thank you.
15 [The E-mail referred to was marked for
16 identification as Defendant's Exhibit 2.]
17 BY MS. HADDAD:
18 Q. Were you able to find it, Scott?
19 A. Got it. Yes, I have it.
20 Q. You have it, okay.
21 You said Cara Holmes used to be an FBI
22 agent, correct?
23 MR. SCAROLA: No. What he said is --
24 THE WITNESS: FBI or IRS.
18 (Pages 66 to 69)
FRIEDMAN, LOMBARDI & OLSON
305-371-6677
5ed93085-0554-447f-bcdd-ca2d8fe941df
HOUSE_OVERSIGHT_017507
1 and show it to your investors?
2 A. It may have been filed around that time,
3 because I haven't been able to establish the exact
4 time. It also certainly may have been utilized by me
5 to further the Ponzi scheme. Also, I don't have an
6 independent recollection of that either. Without
7 seeing e-mail traffic, I can't tell you one way or the
8 other exactly what was going on at that time.
9 Q. Well, then I'll point you to another e-mail
10 which is marked as EP 001.
11 MR. EDWARDS: Let me see it.
12 MS. HADDAD: I sent a copy to your office.
13 MR. SCAROLA: He would like to see a copy
14 now. Thank you.
15 [The E-mail referred to was marked for
16 identification as Defendant's Exhibit 2.]
17 BY MS. HADDAD:
18 Q. Were you able to find it, Scott?
19 A. Got it. Yes, I have it.
20 Q. You have it, okay.
21 You said Cara Holmes used to be an FBI
22 agent, correct?
23 MR. SCAROLA: No. What he said is --
24 THE WITNESS: FBI or IRS.
18 (Pages 66 to 69)
FRIEDMAN, LOMBARDI & OLSON
305-371-6677
5ed93085-0554-447f-bcdd-ca2d8fe941df
HOUSE_OVERSIGHT_017507
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