Scott Rothstein, Huberfeld, Bodner, Nordlicht – Depositions

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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 2 – AFTERNOON SESSION
DEPOSITION OF SCOTT W. ROTHSTEIN
DATE TAKEN: Tuesday, December 13, 2011
TIME: 12:30 p.m. – 5:00 p.m.
PLACE: 99 N.E. Fourth Street, Miami, FL
Taken on Behalf of Razorback
Examination of the witness taken before:
Terri Wright
United Reporting, Inc.
1218 Southeast Third Avenue
Fort Lauderdale, Florida 33316
(954)525-2221

 

IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
CASE NO: 09-062943 07

EDWARD J. MORSE, CAROL A. MORSE,
and MORSE OPERATIONS, INC.,

Plaintiffs,

vs.

SCOTT W. ROTHSTEIN, et al,

Defendants.
________________________________/
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION

 

 

Huberfeld Ponzi1.3

The Many Schemes of Murray Huberfeld, Platinum Partners, Centurion and….

Lost Messiah, July 1, 2016

For the purposes of this article we refer you back to the articles on the Scott Rothstein Ponzi scheme. As we illustrated in that article, the entire scheme  intimately involved Platinum Partners, Mark Nordlicht, David Bodner, Murray Huberfeld and their respective wives as well as TD Bank, Centurion Partners, several individuals employed by the funds and their principles and a number of other funds.

Rothstein went to jail. Somehow, Murray Huberfeld, Mark Nordlicht and David Bodner have remained unscathed. We cannot figure out how or why. We don’t think that Rothstein should have gone down alone.

We have reprinted a small portion of the transcript from a series of related cases from 2011, in which Rothstein or one of his entities is the defendant. We have highlighted relevant portions in red. We had thought to reprint the entire transcript here but then realized that it is size prohibitive and rather boring.

The link to the transcript follows.We refer you to pages 299 forward for references to Mark Nordlicht, Platinum Partners, David Bodner and several related funds. We have highlighted some interesting points from the portions we did transcribe in red. It is certain that Rothstein knew what he was doing, knew of his questionable tactics, knew the intricacies of the Ponzi Scheme and was fairly unabashed about carrying it out.

It is also certain that Norlicht, Bodner, Platinum and the related entities were neither victims nor innocent bystanders.

THE DEPOSITION TRANSCRIPT – 2011-12-13_Rothstein_Scott_PM

BY MR. SCHERER:

PAGE 304:

1 A Jack Simony told me. Mark Nordlicht told me.
2 Frank Preve told me.

3 Q Now, did Nordlicht tell you he had an ownership
4 interest in all three of those funds?

5 A That Maurry Huberfeld had an interest?

6 Q No, that Mark Nordlicht had a —

7 A Mark Nordlicht originally did not tell me that.
8 Originally Mark told me he was only involved with
9 Platinum. But ultimately during subsequent conversations
10 I learned that he had an ownership interest, at least a
11 financial — let’s differentiate between legal ownership
12 and financial interest. I later came to learn both
13 through Mr. Nordlicht, Jack Simony, and Ari Glass that
14 Mr. Nordlicht was receiving compensation from all three
15 of the entities. In addition to some side entities that
16 came up such as Regent and the like, side deals that were
17 going on. So he had his hands in everything.

18 Q We’re going to talk about that a little bit
19 later. How about David Bodner, did you ever hear that
20 name?

21 A David Bodner?

22 Q Uh-huh
23 A I heard the name, but I don’t recall who that
24 is.

25 Q You didn’t know that he was a co-equal owner

with Murray Huberfeld in these funds?

2 MS. ROTHCHILD: Object to the form.

3 THE WITNESS: No. I don’t recollect hearing
4 that. You’ve got to understand, what I was hearing
5 constantly on the phone was, on the phone and in
6 person, well, Murray said do this. It would be the
7 same thing as my lawyers saying, well, Scott said you
8 could do this, Scott said you can’t do this. It was
9 always, Murray said we’re doing this. Murray said it
10 needs to be done this way. And the key to doing that
11 was keeping all of us isolated from Murray. Neither
12 I, nor Preve, nor Mr. Levin to my knowledge have ever
13 met or spoke to Mr. Huberfeld.

14 BY MR. SCHERER:

15 Q I guess we’ve talked about that. Let’s talk
16 about who is Mark Nordlicht and how did you come to know
17 about him?

18 A I met all of — obviously I was told about all
19 these people before our first meeting. But I was told by
20 Mr. Levin and Mr. Preve that Mr. Preve and I were going
21 to fly up — I don’t remember if George came with us to
22 this or not. I think just Mr. Preve and I did. But we
23 were going to do a dog and pony show for the funds at
24 their offices in New York.

25 Q And did you do a dog and pony show? I mean,

PAGE 287:

3 Q Good afternoon, Mr. Rothstein.

4 A Good afternoon.

5 Q You know you’re still under oath, right?

6 A I do, sir.

7 Q Okay. I know that one of the charities that you

8 supported with other people’s money as you mentioned was
9 the Boys and Girls Club of Fort Lauderdale.

10 A That’s correct.

11 Q And you were pretty active there at auctions and
12 things like that?

13 A Yes.

14 Q And do you know who was on the board of
15 directors kind of running that thing, that couple of
16 fellows that were involved in this Ponzi as investors?

17 MR. SCHLESINGER: Object to form; lack of
18 foundation.

19 MR. SCHERER: I’m just laying a foundation,
20 Counsel. I’ll do that.

21 BY MR. SCHERER:

22 Q Any of the board involved in this Ponzi scheme
23 at all?

24 A I believe that they were. I was actually on the
25 board with them. Ted Morse was on the board, Doug

Von Allmen sat on the board, Linda Von Allmen sat on the
2 board. If I saw a list of the Board I could tell you who
3 was and who wasn’t.

4 Q Did Ted know that Mr. Von Allmen was investing
5 in the Ponzi?

6 A Yes.

7 Q Now, did Mr. Von Allmen know that Ted was
8 investing in the Ponzi?

9 A I don’t actually know. I believe that he did
10 based upon conversations that we all had, but I’m not
11 certain.

12 Q Do you have any memory of any conversations
13 where they were together and talked about it?

14 A Actually, yes. There was a Boys and Girls Club
15 function that we were at. And I can’t remember — I
16 don’t remember which function it was, but Ted was bidding
17 for something and Doug and I were kind of just standing
18 off to the side watching.
19 I think there may actually be a picture from
20 this event of us kind of standing there watching Ted. It
21 may be in all the photos that we have. And Ted was going
22 crazy, as he and I tended to do when we were bidding.
23 And Doug made a comment to me about how much he was
24 bidding on this particular item. And my response was,
25 well, he’s making a lot of money with us on the

1investments, so he’s got it to spend.

2 Q Do you know whether — did Ted ever mention to
3 you any conversations that he might have had with Doug
4 about investment in the Ponzi scheme?

5 A No, he did not.

6 Q Let me show you what we already marked. Let me
7 go ahead and remark it as our next one. It’s an
8 e-mail —

9 MR. KOPAS: Plaintiff’s 45, TD/Razor 1848, 1849.

10 BY MR. SCHERER:

11 Q I think we talked about that e-mail this
12 morning, and it’s an e-mail about a show on December
13 17th, ’08; correct?

14 A Yes.

15 Q We were trying to analyze that on the basis of
16 your testimony this morning about how to detect an e-mail
17 that may have been forged as opposed to a real one.

18 A Sure.

19 Q Can you analyze that for us and tell us whether
20 you think that’s a real one or a forged one? We were
21 having a little difficulty with that one.

22 A No, this is a real e-mail.

23 Q Okay. And that’s an e-mail where the show and
24 how to do it was laid out between Caretsky and
25 Kerstetter?

1 A In the beginning of this, I’m not even involved
2 in this. Until after the fact I don’t have no way of
3 knowing this was even going on. And they had to have,
4 this is not an assumption, they had to have told the
5 people in Deerfield Beach what to do because when I got
6 there, they did it.

7 Q Do you remember how come you went to Deerfield
8 instead of Weston?

9 A Yes. It was a last minute change of plans. I
10 believe that the person I was taking up there was Jack
11 Simony, one of the people that worked for the New York
12 hedge funds. And he had gotten a call while we were
13 together to him telling him that instead of going to the
14 branch we normally go to, to ask me to take him to a
15 different branch.

16 Q As a precaution to make sure you weren’t —

17 A Yes. Was not doing what I was doing, yes.

18 Q Okay. As a part of a due diligence security
19 investigation, I guess; right?

20 A Yes.

21 Q How many shows did you take Mr. Simony or
22 anybody at the fund that would be Platinum and Centurion
23 Level 3 to; do you recall?

24 A I don’t recall the specific number.

25 Q Multiple numbers?

1 A Sure.

2 Q They filed a lawsuit against TD and have set out
3 in that lawsuit a number of times that you provided them
4 false balances. Have you ever seen that, that lawsuit?

5 A The actual lawsuit, I don’t think I actually
6 did.

7 Q There was from memory, several, five, six
8 maybe. Does that sound about right?

9 A Five, six visits?

10 Q Yes.

11 A Yeah, I would think there would be at least that
12 many.

13 Q There was one that they did in the beginning
14 that caused you some trouble, according to the e-mails.
15 Do you recall that, where they apparently went to TD
16 unannounced or something and you got upset on the e-mail
17 chain about, don’t go there anymore, you caused me
18 problems with TD; does that ring a bell?

19 A Yeah. You’d have to show me the e-mail. There
20 were two different circumstances: One was someone poking
21 around at TD Bank elsewhere attempting to obtain account
22 balances. That was one situation.

23 Q That would be Chris Bedaris; right?

24 A I don’t remember whether it was Chris Bedaris or
25 not. Also —

1 A Sure.

2 Q They filed a lawsuit against TD and have set out
3 in that lawsuit a number of times that you provided them
4 false balances. Have you ever seen that, that lawsuit?

5 A The actual lawsuit, I don’t think I actually
6 did.

7 Q There was from memory, several, five, six
8 maybe. Does that sound about right?

9 A Five, six visits?

10 Q Yes.

11 A Yeah, I would think there would be at least that
12 many.

13 Q There was one that they did in the beginning
14 that caused you some trouble, according to the e-mails.
15 Do you recall that, where they apparently went to TD
16 unannounced or something and you got upset on the e-mail
17 chain about, don’t go there anymore, you caused me
18 problems with TD; does that ring a bell?

19 A Yeah. You’d have to show me the e-mail. There
20 were two different circumstances: One was someone poking
21 around at TD Bank elsewhere attempting to obtain account
22 balances. That was one situation.

23 Q That would be Chris Bedaris; right?

24 A I don’t remember whether it was Chris Bedaris or
25 not. Also —

1 Q Go ahead. Sorry.

2 A I just want to make sure I’m answering
3 accurately.

4 Q Right.

5 A I don’t know who that was. I do know that
6 either Mel Lifshitz or one of his investors also
7 attempted to obtain my account balances through another
8 TD branch I believe up north someplace.

9 Q Okay. Do you have a memory of Chris Bedaris
10 going into the TD branch in New York, Long Island, I
11 think, and trying to verify the lock letter that
12 Mr. Spinosa had signed that day for Razorback?

13 MS. ROTHCHILD: Object to the form.

14 BY MR. SCHERER:

15 Q Does that refresh your recollection?

16 A Yes. I heard about that after the fact.

17 Q Meaning after he did it or after the crash of
18 the Ponzi scheme?

19 A No, no, after he had done it.

20 Q Do you know that Wendy Laterio testified at the
21 Coquina trial that she answered Mr. Bedaris’ call and
22 told him, yes, that Frank had signed the lock letter?

23 MS. ROTHCHILD: Object to the form.

24 THE WITNESS: I did not know that until you just
25 told me.

1 BY MR. SCHERER:

2 Q And that Frank said that was okay, according to
3 her testimony in the Coquina trial that’s going on as we
4 speak?

5 MS. ROTHCHILD: Object to the form.
6 THE WITNESS: I did not know that until you just
7 told me. It doesn’t surprise me.

8 BY MR. SCHERER:
9 Q Did Frank tell you that Wendy had mentioned to
10 him that she had told Chris Bedaris over the telephone
11 that Frank Spinosa had signed the lock letter?

12 MS. ROTHCHILD: Object to the form.

13 THE WITNESS: Can you repeat that, Mr. Scherer?

14 BY MR. SCHERER:

15 Q Sure. I mean, the question is not great, but
16 did Frank ever discuss with you that his secretary had
17 advised an investor, Bedaris, that in fact Frank had
18 signed a lock letter for Razorback?

19 A I understand what you’re asking me. Frank
20 generally had told me at one point in time based on a
21 question I asked him when I first saw him involving
22 Ms. Laterio in what we were doing, I asked him over the
23 phone if she could be trusted.
24 His response was yes, and she’s already had to
25 answer questions on your accounts and she’s, you know,

1 part of the team so to speak. She’s answered the
2 questions appropriately. But other than that, no
3 specifics.

4 Q You know, I neglected to ask you this morning
5 about Mr. Caputi’s involvement in the shows.

6 A Yes.

7 Q And I’d like to discuss that a little bit. Let
8 me ask you this: Do you know how many “shows,” and by
9 shows we mean the charade at TD Bank, how many of those
10 you asked Mr. Caputi to be involved in?

11 A Yes. I asked him to play the role of a —
12 You’re talking about the shows specifically, right?

13 Q Yeah. Start with the shows, and then I’m going
14 to talk to you about the time he played like a Plaintiff,
15 and we’ll go into Mr. Caputi a little bit.

16 A Okay. I asked him to play the role of a banker
17 at TD Bank.

18 Q How many times did you do that; do you recall?

19 A I would say it was less than half a dozen, but I
20 don’t recall the specific number.

21 Q If Mr. Caputi testified in a deposition that we
22 took that you asked him to do it on three occasions,
23 would you quarrel with that?

24 A No, I wouldn’t quarrel with that. I don’t have
25 a specific recollection.

1 MS. ROTHCHILD: Object to the form.

2 BY MR. SCHERER:

3 Q Can you recall the instances, tell us about the
4 instances you recall, why you asked Caputi to do it if
5 you can recall —

6 A Sure.

7 Q — and the circumstances surrounding Mr. Caputi
8 playing like a banker.
9 A Due diligence was heating up from various
10 investors. They wanted to do the bank trip. I needed
11 someone at the bank that was at a stage where they wanted
12 to speak directly to a banker, rather than just go in and
13 get an envelope. And I asked Caputi, I needed someone to
14 do this. So I asked Caputi to come on in and get dressed
15 up and play banker.

16 Q Do you recall that Mr. Spinosa was on vacation
17 on one of those times? Does that ring a bell for you?

18 MS. ROTHCHILD: Object to the form.

19 THE WITNESS: No, it doesn’t ring a bell one way
20 or the other.

21 BY MR. SCHERER:

22 Q Do you recall where Mr. Caputi played the role
23 of the TD Banker on the shows? Was it in Weston on all
24 three times?

25 A I think he was — He played one person, I think

1 Mr. Maha (phonetic) he played at the Weston branch. And
2 I believe he played Mr. Garsis or someone working with
3 Mr. Garsis at the Deerfield branch.

4 Q There’s an e-mail of a special way that
5 Mr. Spinosa referred to the Weston branch. Do you recall
6 that?

7 A No, I don’t actually.

8 Q If I can find it, I’ll show you.
9 When Mr. Caputi played like the bank officer, I
10 guess that would be sort of an enhanced show? I mean,
11 ordinarily your shows didn’t have, other than the
12 hand-off from Caretsky, but didn’t have the sit down with
13 the bank officer.

14 A It was at a specific —
15 (Whereupon, an objection to form was made.)

16 THE WITNESS: It was at a specific time when
17 whichever investors I was taking there wanted
18 specifically to meet with a bank officer.

19 BY MR. SCHERER:

20 Q Do you by any chance remember who the investors
21 were?

22 A I do not at this moment.

23 Q Mr. Caputi remembered that on two occasions
24 there was the same woman, blond — couldn’t remember the
25 hair. I think dark hair, kind of heavyset. Would you

One thought on “Scott Rothstein, Huberfeld, Bodner, Nordlicht – Depositions

  1. Yet another narcissist with the need for his own web site to spread his fame as a world renowned philanthropist.

    Excuse me while I vomit.

    Question: Is there enough room in hell for Rechnitz, Huberfeld, Bodner, Elbogen, Landau, Deitsch?

    Like

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