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Page 1 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Complex Litigation, Fla. R. Civ. Pro.1201 CASE NO. 50 2009CA040800XXXXMB AG JEFFREY EPSTEIN, Plaintiff, ORIGINAL vs. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and ., individually, Defendants. DEPOSITION OF DEAN RUSSELL KRETSCHMAR Taken on Behalf of the Plaintiff DATE TAKEN: Friday, February 11, 2011 TIME: 9:10 AM - 11:40 AM PLACE: Fowler White Burnett, P.A. One Financial Plaza - 21st Floor 100 Southeast 3rd Avenue Fort Lauderdale, FL 33394 Examination of the witness taken before: Lee Lynott, Certified Merit Reporter Registered Professional Reporter Certified Shorthand Reporter, Florida Hi-Tech/United Reporting, Inc. 1218 SE 3rd Avenue Fort Lauderdale, FL 33316 United Reporting. Inc. 954-525-2221 EFTA01073675 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 APPEARANCE FOR THE PLAINTIFF: FOWLER WHITE BURNETT, P.A. BY: SUSAN APRIL, ESQUIRE LILLY SANCHEZ, ESQUIRE One Financial Plaza - 21st Floor 100 Southeast 3rd Avenue Fort Lauderdale, Florida 33394 APPEARANCE FOR THE DEFENDANT BRADLEY EDWARDS: SEARCY DENNEY SCAROLA BARNHART & SHIPLEY BY: WILLIAM KING, ESQUIRE 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 APPEARANCE FOR THE WITNESS DEAN KRETSCHMAR: CONRAD & SCHERER BY: MAXINE K. STREETER, ESQUIRE 633 South Federal Highway Fort Lauderdale, Florida 33301 United Reporting, Inc. 954-525-2221 EFTA01073676 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 INDEX Deposition of Dean Kretschmar: Page No. Direct Examination by Mrs. April 4 Certificate of Oath 77 Certificate of Reporter 78 Read and Sign Letter to Witness 79 Errata Sheet (to be forwarded upon execution) 80 * * * PLAINTIFF'S EXHIBIT INDEX No. Description ***** NONE ***** DEFENDANT'S EXHIBIT INDEX No. Description ***** NONE ***** Page No. Page No. United Reporting, Inc. 954-525-2221 EFTA01073677 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 THEREUPON, * * * DEAN RUSSELL KRETSCHMAR A witness of lawful age, having been called, was first duly sworn by the undersigned Notary Public. THE WITNESS: Yes. DIRECT EXAMINATION BY MRS. APRIL: Q. Sir, would you say your full name. A. Dean Russell Kretschmar. Last name is K-r-e-t-s-c-h-m-a-r. Q. Where do you live? A. I live here in Fort Lauderdale. Q. And what's your address; business or home, either? MRS. STREETER: Can we do this off the record? MRS. APRIL: Sure. MRS. STREETER: Go ahead. (WHEREUPON, the answer was provided off-the-record). BY MRS. APRIL: Q. Did you receive a subpoena to be here today, do you know if you did? A. Yes, I did. Q. And are you represented by counsel today? A. Yes. United Reporting, Inc. 954-525-2221 EFTA01073678 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 5 Q. And is that Mrs. Streeter? A. Yes. Q. Mr. Kretschmar, I heard you say before you were sworn in and we went on the record that you hadn't been deposed before. I'm Susan April, we met out in the hallway. I represent a plaintiff in a lawsuit and that plaintiff is named Jeffrey Epstein. And Lilly Sanchez, who is with me today, is also from Fowler, White, Burnett, who represents Mr. Epstein. And you met Mr. King. You will be asked questions by plaintiff's lawyer and if the defendant's lawyer wants to ask questions, that's certainly his prerogative. We ask you to let us know if you need something restated or repeated; the court reporter can read things back. If you need to stop just say you need to stop, you'd like to take a break. As I think you got some tea, if you want anything else or you want to pause to get something, let us know. Okay? A. Do I just say, Can we pause? Q. Yes. You can say, Can we stop. A. Do I raise my hand like we're in school. Q. The only thing I would ask is that if you're in the middle of an answer to a question or if there is a question pending before you break to go to the restroom or anything that you finish that answer so that we're not broke in United Reporting, Inc. 954-525-2221 EFTA01073679 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 6 sequence. A. Understood. Q. One other thing that witnesses sometime forget, lawyers too, is that because everything you say is being typed and the court reporter can only type one person at a time, let the lawyer who is asking you a question finish their complete question if you're able to determine the question is over before you answer, because there is a tendency with some people, they think they know the answer so they say it before the question is completed and that makes the typed record confusing. Okay? If you need anything else, let us know. Okay? A. Okay. Q. Did you know that there was a lawsuit pending that Jeffrey Epstein had filed against Scott Rothstein and Bradley Edwards and someone named prior to being subpoenaed in this case? A. No. Q. Are you currently a party in any lawsuit against Scott Rothstein and others? A. Yes. Q. I understand you're represented by counsel and I assume that you've been advised that you do not have to disclose anything that was said between you and your lawyers. So if I ask you a question, I'm not asking you to breach that United Reporting, Inc. 954-525-2221 EFTA01073680 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 7 confidence. So I'm trying to ask questions that don't go there, all right? If you have any difficulty with it or you want it restated, please let me know. What's the nature of the lawsuit that you're currently in? A. The nature of the lawsuit is: We were defrauded on investments into Scott Rothstein's law firms for confidential settlements. Q. When you say we were defrauded, who do you mean, as best you can describe it? A. Myself, my family, and there were others. Q. And again, in your own words, how were you defrauded? A. We were sold on the fact that the confidential settlements were real cases, they weren't typical court cases. Many of these settlements were confidential in the nature that they were being handled by two attorneys, you know, outside of having to go to court. And based on various reasons and the plaintiffs wanted a settlement for whatever they were wronged on, and those settlements were timed out over time and, basically, we were funding the plaintiff getting their money then versus waiting for that timed period to end. Q. How did you hear about this investment in the first place? United Reporting, Inc. 954-525-2221 EFTA01073681 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 8 A. Barry Bekkedam. Q. And it's Bekkedam? A. Yeah, Barry Bekkedam. I could give it a crack to start off. Q. Don't worry about spelling anyone's name. I'm happy with phonetics and after we're done, you can clarify. A. His firm is Ballamor Capital Management. Q. And how do you know Barry Bekkedam? A. He is dating, used to be a friend of mine, Diane Barnett. Q. So are you saying you met him sort of through social circles? A. Yeah. Q. When you say Diane Barnett used to be a friend, is she no longer a friend of yours? A. No. Q. Did you have a falling-out? A. Yeah, you could say this whole situation has put a bit of a strain on Q. Does Diane Barnett live in Florida? A. Yes. Q. In Fort Lauderdale? A. Yes. Q. Is she also in the, is she a financial advisor or investment counselor? United Reporting, Inc. 954-525-2221 EFTA01073682 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 A. No, she has a real estate license. She worked for the Galleria of Fine Homes I think. Q. So you met Barry through Diane? A. Uh-huh (affirmative response). Q. And where did you meet him? A. We met out socially. Diane invited me out to have a drink. She wanted me to meet the gentleman that she was involved with. Q• And is that where you got to talking about the business he was in? A. He wasn't, well, his business in the sense of as a money manager, but it wasn't the first meeting that I learned about this. It was several meetings after and he also pitched my stepfather. Q. When you met Barry was it here in Florida? A. Yes. Q. And do you know what year that was? A. End of '09. Third, probably Fourth Quarter of '09. Q. Again, I understand you probably won't remember every detail so my questions are directed to as best you can recall. A. Sure. Q. What do you recall Barry telling you about the investment when you first -- when he first spoke to you about United Reporting, Inc. 954-525-2221 EFTA01073683 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 10 it, the investment that led to you being in a lawsuit against Scott Rothstein and others? A. He told me his firm had done a lot of the due diligence, was still in the process of finishing due diligence, but he was working closely with George Levin and George Levin's team in doing the background due diligence and that George Levin personally had 600 million into this investment. And that over the past five years there hasn't been any issues, no late payments, everything has been on time. He disclosed that George had one discrepancy on his background, which was a kit car company that George owned, and there was something of some of the customers felt defrauded and the cars came out late or something and there was a court case about it. It all ended but that was something of, you know, you through your own research that something up being settled, could find out negative happened. And I've been in business enough that sometimes things happen; customers are, you know, upset and it can be, you know, twisted. So, through Barry explaining - through his due diligence and that his teams had done all of this extensive research and looked at some of the books with Levin's company with the investment, also, meeting with Scott Rothstein and understanding how the investments are confidential in nature, United Reporting, Inc. 954-525-2221 EFTA01073684 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 11 that there was a third -party verifier, who was Mike Szafranski, that a hedge fund out of New York had requested when they made their investments years before he was put in charge of being an outside verifier that the funds were in there - that it gave me, you know, some confidence about the investment. Q. Let me back you up a little bit. Do you remember when Barry first told you about this investment before he started talking about due diligence, how did it come up? mean, were you having dinner? Were you at someone's house? Where were you? A. I don't remember. Q. Did he just out of nowhere say, I have an investment I want to talk to you about? A. No. I mean, if somebody is a money manager, you know, an investment advisor as he is in a sense of a balanced-portfolio -type advisor - meaning that he would put your monies in several different low risks to, you know, if you want to do some things that are a little bit more of what would be termed a high risk - I was curious of things that he saw in the market. And he was doing middle market financing as the leverage in banks and so forth were not lending. You know, there's a lot of businesses that just needed cash flow and they couldn't get it from the bank. So, it was through conversations that he didn't United Reporting, Inc. 954-525-2221 EFTA01073685 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 12 just bring this one up, he had others that he was, you know, explaining to me. So we, you know, in a sense it was normal that we talked some shop. Q. When he told you about the investment, what did he call the investment? I mean, we've been calling it the investment. Did he say it's the Rothstein investment? A. Banyon Income Fund. Q. Banyon Income Fund. Is that the fund that George Levin was running? A. Yes. Q. And when he first mentioned it to you, when Barry first mentioned it to you, who else was present? A. Diane Barnett. Q. Anyone else? A. No. Q. So after Barry described this Banyon Income Fund to you, what was the next thing you did, if anything, to invest in it? A. He was pitching my father and I didn't do anything. I was in New York at the time working with a hedge fund, so it wasn't until a little bit later that when my stepfather and I talked and he had, you know, heard about it that I gave it more interest. Q. So you just said your father and your stepfather, is that the same person? United Reporting, Inc. 954-525-2221 EFTA01073686 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 13 A. Yeah, same person. Sorry. Q. What's his name? A. Doug Von Allmen. Q. Do you know how Barry came to know your stepfather? A. Through Diane. Diane introduced Barry to all of Fort Lauderdale. Q. I see. When you say you were in New York working at a hedge fund, was this like your job at the time or were you up there exploring investments? A. It was a job. I was looking to raise capital for a hedge fund, so I was learning from them about their strategies and what they were all about to be able to speak intelligently to people, but the market had crashed. Everybody's strategies were changing every day it seemed. And it was around April of 2010 I said, you know what, it's -- I'm not jumping into the market of investing -- MRS. STREETER: April 2010? MRS. APRIL: Let's get that timing right. THE WITNESS: When did I make my investment? BY MRS. APRIL: Q• Let me see if this will -- I've got something with a date on it. Sir, the lawsuit that I referred to that I asked if you were a party in -- A. Uh-huh (affirmative response). United Reporting, Inc. 954-525-2221 EFTA01073687 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 14 Q. -- do you know if that was filed in November of 2009? I do have a copy of some pages. Do you happen to know? A. Off the top of my head per date, no. Q. Well, I'm going to show you what is -- This doesn't show you the file date. MRS. SANCHEZ: That's the amended one. BY MRS. APRIL: Q. It is a 2210-page document, so I don't have it all in front of me. So, let me just show you this and see if it refreshes your memory. Have you ever been a party in a lawsuit before? A. No. Q. I'm going to show you what we call the caption, just the first page that has all the names of the parties of this suit and it goes on to a second page, to see if that -- And you can see it has a date stamp. And also, you'll see on Page 2 it shows you it's not the original. A. Uh-huh (affirmative response). Q. The number of this case is 09-062943 (19). And I don't know if there is any dispute and we have to torture the witness here by asking him to figure it out. MRS. APRIL: Can we all agree that it was filed in 2009? MRS. STREETER: Yes. The record will speak for United Reporting, Inc. 954-525-2221 EFTA01073688 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 15 itself. BY MRS. APRIL: Q. Mr. Rretschmar, you said something earlier and I think you may be off in time and I think your lawyer recognized it. Do you remember if your knowledge of the fraud you mentioned is essentially the same time that it became publicly known that Scott Rothstein's firm had had a crisis and was falling apart? Do you remember hearing about that just from others or in the news that the Rothstein, Rosenfeld & Adler firm was in trouble? A. Right. MR. KING: Objection to form, it's compound. BY MRS. APRIL: Q. Do you remember when you heard something about the firm? A. Yes. Q. Do you know about when that was? What time of year? A season or a holiday or something like that? A. Yeah, it was the end of October, like the 31st, going into November. Q. Of what year? A. Had to be 2009. Q. And do you know if you became a party in the lawsuit that I just showed you the caption of? Let's call it United Reporting, Inc. 954-525-2221 EFTA01073689 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 16 for short, the first name is Razorback Funding, LLC. I was going to call it the Razorback suit, if that's okay, versus Scott Rothstein and a number of others? A. Uh-huh (affirmative response). Q. Do you know if you became a party in this suit soon after you learned that the Rothstein firm had a problem? A. Yes. Q. So I want to go back and ask you if the dates are correct in your previous answer. When you first met Barry -- What did you say his name was, Bekk I'm going to call him -- MRS. STREETER: Bekkedam, B-e-k-k-e-d-a-m. BY MRS. APRIL: Q. When you first met Barry was it the year before that or was it just a month -- A. It would be the end of '08. Q. Thank you. A. And when I left the hedge fund it would have beer., you know, March or April of '09. MRS. STREETER: Just answer her questions. BY MRS. APRIL: Q. A. Q. And the hedge fund that you left was called what? WR Capital Management. So do you know when you or your stepfather first put any money into Banyon Capital, roughly? United Reporting, Inc. 954-525-2221 EFTA01073690 1 2 3 4 5 6 7 8 9 10 3.] 12 13 14 15 16 17 18 19 20 21 22 23 24 2.5 Page 17 A. May of 2009. Q. And this is after you left WR Capital Management. At that time were you employed? A. I don't understand. Q. In the Spring of 2009 were you working someplace? A. No. Q. You were just doing your own investments? A. Yeah. Q. So let me go back to that. The year is -- After your initial investment in Banyon Capital was it your personal investment or was it made through some entity? A. I'm sorry. Could you repeat the question? Q. When you first invested in Banyon -- MRS. STREETER: Income Fund. MRS. APRIL: Thank you. Q. -- (continuing) Income Fund, was it a personal investment of Dean Kretschmar or did you invest through some entity that you formed? Do you know what I mean? A. Yes, I understand what you're asking. It's either one or the other. Q. If you're not sure, you can tell me that. A. I'm not sure. It could have been my Living Trust or me, personally. Q. After April or May of 2009 did you make any further investment into any opportunity offered by Scott Rothstein or United Reporting, Inc. 954-525-2221 EFTA01073691 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 18 his firm? A. Yes. Q. Can you tell me what that was? A. That was in Razorback. Q. And when was that, if you know? A. That was in July. Q. And -- MRS. STREETER: Counsel, are you asking when he made the investment or when he first heard about it? MRS. APRIL: Well, I'm going to ask him the second question, but I had asked him when he made the investment, actually, put money into it. MRS. STREETER: If you're not sure of the dates A. I know when I made my first investment, it was June. It was early June, 1st or 2nd. Q. I'm not trying to trip you up with these dates. I'm just trying to get a time frame generally. So, let me ask you this: When did you -- what is Razorback? A. What is Razorback? Q. Yeah. Other than it's a plaintiff on the lawsuit that we talked about, I mean, is it a company? THE WITNESS: Can I speak to you outside? MRS. STREETER: Yes. (WHEREUPON, an off-the-record discussion was had). United Reporting, Inc. 954-525-2221 EFTA01073692 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 19 MRS. STREETER: I just want to put on the record that Mr. Kretschmar is here to answer questions about what happened with regard to the Epstein litigation and the other litigation. The Razorback litigation is an ongoing, pending litigation and we ask that you refrain from getting into any of those specific details regarding investments that are not relevant and are not reasonably calculated to lead to any evidence in your case in particular. If you could get to this particular issue. MRS. APRIL: I'll try. (WHEREUPON, an off-the-record discussion was had). MRS. APRIL: I have in case anybody wants to refer to them, including me, some calendars. Sometimes it makes it a little easier to know when things happened. BY MRS. APRIL: Q. So you invested in something called Razorback? A. Uh-huh (affirmative response). Q. We established that, right. And was Razorback's investment also into the settlements or the kind of settlements you described a little bit earlier with Rothstein? A. Yes. Q. Did you invest after the investment in Razorback any other times with Scott Rothstein in one of these United Reporting, Inc. 954-525-2221 EFTA01073693 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 20 settlement funds? MR. KING: Objection. Form. Vague. BY MRS. APRIL: Q. Did you ever make any other investment offered by Scott Rothstein after the Razorback? A. No. Q. Did you ever meet Scott Rothstein? A. Yes. Q. Do you know when you first met him? A. At a Boys and Girls Club fundraiser. It was the Boca Resort. It's the car fundraiser where they have all the cars. I forget what it's called. Q. Do you know what year it was approximately? Probably 2008. Q. Did you have any substantive conversation with him at that time -- A. Nothing. Q. -- about business or anything? A. No. Q. Was there ever a time where you met with Mr. Rothstein and talked about business? A. No. Q. Was there ever a time after the Boca event for the Boys and Girls Club that you met Scott Rothstein? A. Not before the investment. United Reporting, Inc. 954-525-2221 EFTA01073694 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 21 Q. Okay. Let's talk about then the time of the investment. Did you have any face-to-face meetings with Scott Rothstein in 2009? A. Yes. Q. Can you describe as best as you can recall the first -- Was there more than one of those? A. Yes. Q. Can you describe to the best of your ability your first face-to-face business meeting with Rothstein about the investment? A. I was there. My father was there. Barry Bekkedam was there. Barry Bekkedam and Ballamor Capital, some of his people were there. George Levin was there. Frank Preve was there. A.J. DiScala was there. Q. Where is there? A. And Scott Rothstein's personal office in his firm. Q. Had you ever been in his firm's offices before? A. No. Q. Was that over here on Las Olas, an office building? A. Yes. Q. And were there any other persons present that you can remember? A. (No response). Q. Let me rephrase that. Even if you can't remember United Reporting, Inc. 954-525-2221 EFTA01073695 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 22 their names, do you think there were other persons in the room? A. Yeah. Q. Can you describe the office to me? In other words, was it a conference roam like we're in today or something different? A. It was a combination office and conference room. It had a large sectional couch, a lot of pictures of Scott with various celebrities, to governors, to presidents. It was elaborate, very nicely built-out office. Was there also a conference table or -- A. Yes. Q. And was it about as big as the one we're at today which looks like it holds about 12 chairs? A. Yes. Was it pretty much filled? A. Yes. What month was that, if you know? A. I don't recall. Let me go back to that later and build to that. Q. Q. Q. How did you happen to be there that day, were you invited by Mr. Rothstein? A. Yes. Q. And was this morning, lunch time, afternoon, did you have a meal or anything? United Reporting, Inc. 954-525-2221 EFTA01073696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 23 A. I don't, I don't recall. Q. Was this meeting in the Fall of 2009? Was it football season? A. Yes. Q. Did some of the individuals who were there, like Barry, travel from out of state to come to the meeting? A. Yes. Q. Did you spend any time with Barry prior to this meeting, social or business? A. I don't remember. Q. You said Barry and Ballamor Capital, that's his firm, right? A. Yes. Q. Do you remember if he was accompanied by some other individuals from his group? A. Yes. Q. Do you know their names, any? A. Larry Rovin. Q. Is that Rovin? A. Rovin, R-o-v-i-n. I think he's an attorney there. Q. Anybody else? A. Yes, but I don't remember the names. Q. And you don't remember if you, like, went out with that group to dinner or a ball game or on a boat or anything United Reporting, Inc. 954-525-2221 EFTA01073697 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 24 during that visit? A. No, we didn't. We didn't do that. Q• Did you ever go to a Jets/Dolphins game with any of these folks? A. Uh-huh (affirmative response). Yes. Q. Do you know when that was, I mean, was it in this same season? A. Yes. Q• Do you know if during that week you had any conference or meeting with Rothstein? A. Yes. Q. So not to confuse the issue: Do you know if you had already met with Scott Rothstein and some other individuals prior to that meeting? MR. KING: Objection to form. Vague. BY MRS. APRIL: Q. You follow what I'm saying? I can rephrase it. A. Rephrase it. Q. Is it accurate to say you had at least two face-to-face meetings where Scott Rothstein was present? A. Before the Jets game? Q. Ever? At any time? A. Yes, that's accurate. Q. And was one of those before the Jets game? A. Yes. United Reporting, Inc. 954-525-2221 EFTA01073698 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 25 Q. And was one after the Jets game? A. Yes. Q. Do you know if it was soon after, the day after? A. Yeah, it was the day after. Q. Who won the game, do you know? A. I think the Dolphins. Q. So, when you first went to Scott Rothstein's office what was your understanding of the reason you were going there? MR. KING: Is this the first time? MRS. APRIL: The first time. A. We were going to talk more about the confidential settlements. Q. And this was the first time that you heard Scott Rothstein discussing the confidential settlements? A. Yes. Q. To the bast of your recollection, what did he say, in substance? I don't mean word for word. A. I can generalize, but I don't remember word for word what was really talked about, you know, specifics. I mean, it was Q. Generalized is fine. MRS. STREETER: I don't want you to guess. BY MRS. APRIL: Q. In other words, did Scott, did he tell you United Reporting, Inc. 954-525-2221 EFTA01073699 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 26 something about the confidential settlements and the process? A. Yes, but it would be more specific to a meeting. The one meeting we had where Barry Bekkedam and George were there it was more of the foundation of: How Barry got there, how George, you know, has been investing, nothing ever tripped up, how we were going to come in and help George, we were going to get a 15 percent return. You know, the meeting after the Jets game, there was a gentleman that flew in to meet Scott who was Thane Ritchey. He was a friend of A.J. DiScala's. He flew in. Scott had invited us to the game, A.J. and I, and we went to the football game. And the next day, it was Thane Ritchey, Michael Legamaro of Morgan, Lewis, Bockius he had flown in that Tuesday morning and A.J. DiScala. Scott at this time was talking about a big case that involved a defendant that had a very large sum of money and had had sex with underaged girls. And he had two girls. Actually, he said it was one at first, very large settlement. And I think the settlement was 18 million. And so that conversation went into with Thane Ritchey, A.J. DiScala and myself and Morgan, Lewis -- Michael Legamaro from Morgan, Lewis to explain to Michael, who A.J. and I soon after hired him to do, you know, the due diligence, you know. Q. Had you ever met Mr. Legamaro before that day? United Reporting, Inc. 954-525-2221 EFTA01073700 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 27 A. No. Q. But you understood him to be a lawyer for Thane Ritchey? A. Yes. Q. And at that meeting -- Let me make sure I understand who was there. Mr. Legamaro was there, Scott Rothstein was there, Thane Ritchey, A.J. DiScala and you? A. Uh-huh (affirmative response). Yes. Q. Was there anybody else there from Scott Rothstein's firm for any part of the meeting? A. No. Q. At that meeting was it all talk? Let me rephrase that. Was there just discussion or was there an examination of any documents or materials? A. No. Q. In the room with you, were you in the same room that you had been in A. Yes. Q. -- the other time with the larger group? A. Yes. Q. Did Scott at that time name the individual that he was referring to who had sex with underaged girls and one case had been settled? A. No. United Reporting, Inc. 954-525-2221 EFTA01073701 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Page 28 Did you know from the description who he had been talking about? A. No, I had no idea. Q. And did Mk. Legamaro ask questions of Scott Rothstein about the cases? A. Yes. Q• And at that meeting do you know how long it lasted? And I don't mean exactly, but was it an hour, was it all day? Do you know? A. A couple hours. Q. And I believe you said a few minutes ago after that you decided to hire Michael Legamaro, I'm not sure if that's the word you used, retained him? A. Yes, we retained him. Q. Again, who is we in that? A. A.J. DiScala. Q. What did you retain him for? A. To represent Clockwork. Q. Now, again, your lawyer has asked and I'm trying to respect her wishes and not go into too much about what these entities are, but you mentioned Clockwork. What is Clockwork because I had not heard of them before? Are they another fund? A. (No response). Q. Let me rephrase it, because I'm not trying to make United Reporting, Inc. 954-525-2221 EFTA01073702 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 29 your life difficult. Was Clockwork an existing entity at the time that you engaged Mr. Legamaro, whatever it is? I'm not even asking you what it is, but did it exist or do you know? A. I think that's left to be -- You know, it's our question: Was it or wasn't it? Q. All right. Do you know if you had any formal paperwork, an engagement letter signed with Mr. Legamaro? A. I don't know. Q. Do you know if you paid Mr. Legamaro any advanced retainer fees? A. Yes. Q. And did he represent you after that? A. Yes. Q. And was there ever any time after that that you, again, went to Scott Rothstein's office? A. Yes. Q. Can you tell me about when it was or how much time elapsed before you went back? A. I think it was the following week. Q. Let me just go back a little, because getting dates down is sometimes important. The ball game, you went to the Jets/Dolphins game, was that a Monday night game or Sunday night? A. Monday night. Q. Was it October of 2009? United Reporting, Inc. 954-525-2221 EFTA01073703 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 2C 21 22 23 24 25 Page 30 A. Oh-huh (affirmative response). Q• So it looks to me like there was October 5, 12, 19th and 26th were all Mondays. So just for frame of reference one of those - and I guess we could check independently to find out when there was a ball game - one of those, you went the next day and that's the first time you met Michael Legamaro at Scott's office, right? A. Yes. Q. Did you actually meet him for the first time in the office or did you convene somewhere else first? A. No, I think I met him in the office. Q. And did he bring any other attorneys or paralegals assistants with him? A. No. Q. So then you and A.J. engage him and then you say there's another meeting some days later? A. Michael came back down, Michael Legamaro came back down and went to Scott's office with A.J. Q. And do you know the purpose of that visit? A. Michael was doing due diligence on RRA, on Rothstein's firm, and wanted to spend more time with Scott Rothstein understanding these investments. Q. Were you there at all? A. No, not that meeting. Q. Did A.J. discuss with you what occurred at that United Reporting, Inc. 954-525-2221 EFTA01073704 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 31 meeting? A. In general, he discussed that Michael and Scott met. They got along. Michael understands the nature of the settlements. Everything was going well. Michael had a lot of questions for him and was continuing to investigate and do due diligence on the investments of RRA, et cetera. Basically, it was going well. Q. Do you know if you saw Michael Legamaro at all during that trip he made down here? A. I don't remember. Q. Did you see A.J.? A. Yes. Q. Do you know if, did A.J. say whether Mr. Legamaro in that visit to the Scott Rothstein office looked at any documents and/or saw any materials? A. I don't remember. Q. Was there any time after that that you yourself, again, went to Rothstein's office? A. Yes. Q. And do you know approximately what date or how much time elapsed from this meeting you just described that you didn't go to? A. I think a week. Q• So about a week later you go to Rothstein's office? A. Uh-huh (affirmative response). United Reporting, Inc. 954-525-2221 EFTA01073705 1 2 3 4 5 6 7 8 9 3.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 32 Q. And who else is there? A. A.J. DiScala, Michael Legamaro. Q. Anyone else. Thane Ritchey there? A. No. Q. Was Thane Ritchey -- Okay, he wasn't there. So just the four of you were at that meeting? A. As I recall. Q. And what occurred at that meeting? A. Scott was trying to close this deal which was the first case. He then told us that the sister of this girl was also involved with this client as well as at this point he told us several girls now, once the first girl went forward and started working with him, he was getting calls from other girls saying that I, too, was, you know, involved with this client. And so -- Q. When you say the client, you mean the law firm -- A. I'm sorry, the defendant. And so Scott was all fired up saying, We've gotta get the first one. We've got a total of 18, you know, girls and now we've got the first one that we need to close. But now the sister, you know, he can get the sister negotiated and taken care of. At this point it was -- we were -- I'm trying to understand the whole deal. It was a large sum of money. At this point we were calling it bullshit. How can one person get a settlement for 18 million. United Reporting, Inc. 954-525-2221 EFTA01073706 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 33 So Scott at this point said, Okay, you guys are here. I'm going to trust you. I'm going to open the case. I'm going to bring it down and I'll let you see who this person is. At this point Thane was also, you're talking about maybe a two-week time period of, you know, Thane was talking about making a $5 million investment. So Michael was already in the process of doing his due diligence and things that he needed to do. So Scott called for the evidence of who this person was. We were in Scott's office, his personal office in RRA, and 10, 15 minutes later in walks our former Sheriff Ken Jenne with another gentleman, I didn't know who he was, bringing in several boxes which ended to be I think about 19. Q. Were the boxes marked or numbered? Uh Q. You know sometimes boxes say 1 of 10, 2 of 10? I mean, any numbering like that? I don't remember. Q. So Mr. Jenne walks in with someone else with the boxes and what does he do? A. They start bringing all the boxes and they start laying them -- You know, as you walk in there was a, you know, almost as if you walked into this room. He was putting all the boxes against the wall here and they were stacked, United Reporting, Inc. 954-525-2221 EFTA01073707 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 34 what ended up being 19 boxes. So it was a lot of information. in? Q. Were these like banker's boxes that you put files A. Yes. Yes. Q. Then what happened? Did Jenne leave? A. Yeah, he left. Scott had pulled some certain information from the case files and said, you know, I'm going to tell you about who he is. I need the utmost confidence in this as this is an open case. It's an ongoing case. This person has other issues. He's just getting out of -- either he was in jail or just getting out of jail. So he kind of set the stage of who this person was. He already had a track record. He already had issues. It was already public. You could Google it. And these girls that came forward would not come forward before and that was the, you know, confidential nature of, you know, Scott saying I've got 18 of these girls lined up and here is this person. His name is Jeffrey Epstein. Q. And at that moment had you heard of Jeffrey Epstein? A. No. Q. Had the others who were there in the room commented, you said that A.J. DiScala was there? United Reporting, Inc. 954-525-2221 EFTA01073708 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 35 A. Uh-huh (affirmative response). Q. Did he act like he knew who Jeffrey Epstein was? A. I don't think any of us knew who he was. Q. So what happened after Scott said that? A. Scott had some flight records I guess from Jeffrey Epstein's plane or planes, I don't know if there were multiple, but there were flight records. It seemed to be from, you know, a company that took the logs of them. Again, I don't know if it was his actual company or the flight company. Scott started talking about some of the issues of why he was going to be able to get these large sums of money, number one. This gentleman, Jeffrey Epstein, is supposed to be -- Scott said he's got over a four and a half billion dollar networth of what Scott could -- what was kind of known publicly. There were also people on these plane rides that were known figures that definitely would not want this information getting out and that the nature of the settlement would, they would want to -- Jeffrey Epstein would want to keep this quiet and that there was already pressures on him to keep it quiet. Q. Would want to keep what quiet? A. The fact that there were underaged girls on these planes and there were other people on these planes and they United Reporting, Inc. 954-525-2221 EFTA01073709 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 Page 36 were public figures. Q. Did you actually see these supposed flight logs? A. Yes, a few of them. Q. Did you recognize any names on them? A. Yes. Q. Can you say who any of them were? A. Bill Clinton. Naomi Campbell, which I think she's a super model. There was a reported Sheik, I don't remember who it was but, obviously, an important person, a very wealthy person. Q. And it's your understanding that on these plane trips there were underaged girls? A. Yes. Q. Did you find out the names of any of the girls? A. No, but I remember Scott was explaining because all the other people had their names written out but the girls. It was just their first name and the first letter of their last name. So if it was Sara, Sara something, it was Sara C. Q. I see. So, there were these boxes in the room. And were these flight logs removed from the boxes that Mr. Jenne and the other gentlemen brought in or did Scott have those separate? A. Scott had those separate. Q. Did he show you anything else by way of materials? A. Yes. But they were, I think they were pieces of United Reporting, Inc. 954-525-2221 EFTA01073710 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 37 his former accusations of former, you know, arrest records and news clippings and some other things. Q. Did you have a look at some of those? A. Very quickly. Q. Did anybody else in the room with you scrutinize them more closely? A. Yes. Q. Who? A. Michael Legamaro with Morgan, Lewis, Bockius, the attorney. Q. Do you know what City Mr. Legamaro bases his practice in? A. Chicago, Illinois. Q. Did you ever visit him there? A. No. Q. Did Mr. Legamaro comment about any of the items that he looked at in your presence in front of Scott Rothstein? A. Oh, yeah. Q. Can you tell us what he said then? A. Yeah, he went through the boxes. Scott said you guys can look at the boxes, just don't take any of the information, don't pull it out and misplace it from the files. So Michael Legamaro did spend, you know, some time United Reporting, Inc. 954-525-2221 EFTA01073711 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 38 looking through a lot of the boxes and the files and said, you know, This is a real case. And he explained that as a young attorney he used to be an attorney for the United States and I think he termed it as a jag attorney, which I don't really know what that stands for, but he used to prosecute for, I think he said, child molestation, underage, you know, things of this nature which are -- I don't know the word I'm looking for. Q. Abuse? A. Yeah, abuse. I would just put heightened concern, you know, touchy subjects. I don't know if that's the -- Q. So he told you something about his past experience with cases of that nature? A. Yes. He gave in that description, gave us confidence that he knew what he was looking at. Q. at? Did he ask for copies of anything that he looked A. I don't think so. Q. Did he make any notes such as we -- A. I don't remember. Q. You said he made a remark along the lines of, This is a real case. Did you understand he only was looking at one case? MR. KING: Objection. Leading. A. Repeat the question. United Reporting, Inc. 954-525-2221 EFTA01073712 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 39 Q. Did you understand, do you know if he looked at more than one case file? A. I don't know. Q. Do you know if Mr. Legamaro, do you know how at that time he was able to confirm that this is a real case? A. I'm not an attorney. I don't know. Q. Did he have a laptop with him? A. I don't remember. Q. Do you recall him at any time whether on his own computer or one made available to him where he punched up some numbers to look at any of the cases online, if you remember? A. That's a good question. MRS. STREETER: Don't guess. THE WITNESS: I know. A. I don't remember. Q. Do you know how much time you spent at the Rothstein office that day when Michael Legamaro was looking at these files? A. Hour and a half, two hours max. We had Thane Ritchey on the phone. Q. Oh, okay. Was he on the phone the whole time? A. Not, not the whole time. Q. Was there any other conversation other than what you've described between Scott Rothstein and any of you at United Reporting, Inc. 954-525-2221 EFTA01073713 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 40 that gathering? A. I'm sorry. Ask again. Q. Other than what you've already testified to about what Scott said and what Mr. Legamaro said, do you recall any other conversation that occurred at that gathering? A. (No response). For example, you said Mr. Ritchey was on the phone. Did he ask questions? MR. KING: Objection. Compound. Unless you're just focusing on that last question. BY MRS. APRIL: Q. Well, did he ask any questions? Let's focus on that one. A. He did. I don't remember specifics. Q. Is there anything else that was said by anybody at that meeting that you remember today concerning the settlements or Mr. Epstein that you haven't already testified about. A. Yes, at that meeting A.J. DiScala had disclosed that his friend, Ted Waite, is dating the girl or a girl that used to date Jeffrey Epstein and that he knows from prior conversations with Ted that Jeffrey wasn't the, you know, was kind of known to be a, you know, womanizer, a cheater, this kind of -- this would fall in line with his character. A.J. said he was going to call Ted and see if he could talk to United Reporting, Inc. 954-525-2221 EFTA01073714 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 41 Ted's girlfriend. Q. Did A.J. say that in front of Rothstein? Yeah. Q. And do you know if A.J. -- did A.J. ever tell you that he did speak to Ted Waite or the girlfriend? A. Yes. Q. What did he tell you about that? A. He spoke to Ted. Ted got really pissed off at him. Q. At A.J.? A. Oh, yeah. Q. Because? A. He just felt that, from what A.J. said to me, he just felt A.J. was out of line and, you know, he didn't want his girlfriend being questioned about, you know, this stuff and to, you know, mind his own business. Q. And did he, as far as you know, after that not involve the girlfriend? A. I don't know. Q. Do you know her name? A. No. Q. Did you ever meet this Ted Waite? A. Yes. Q. Does he live in New York? A. No, he lives in San Diego. United Reporting, Inc. 954-525-2221 EFTA01073715 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 42 Q. Have you ever met the girlfriend of Ted Waite who used to be Jeffrey Epstein's girlfriend? A. No. Q. Anything else that you recall that was said during this meeting that you haven't already testified about? A. Not that I can think of. Q. If you remember, at the conclusion of this meeting was there any decision made about you going forward with the investment or requiring additional time to decide? A. It was our conclusion, really, based off of Michael Legamaro's feelings, comments and, you know, him being a respect -- what I thought was a respected attorney from a very respected firm, he had high confidence this is a real case and, you know, it could be that there are several of these cases that were real. Potentially, you know, 18 plaintiffs. He gave us the confidence to go forward and invest. Q. Did Scott Rothstein offer you any estimate of how much money these settlements would be worth in his opinion, total? A. Yes. Q. Do you remember the number? A. It was over 300 million. Q. After that did you have any other, was there ever any other time that you were in Scott Rothstein's office? United Reporting, Inc. 954-525-2221 EFTA01073716 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 23 24 25 Page 43 A. I don't think so. Q. You mentioned earlier something called Clockwork. And without going into any particulars about what Clockwork is: Did Clockwork make an investment in these Epstein so-called settlements or potential settlements, if you know? MRS. STREETER: Do you want to step outside for a minute? THE WITNESS: Yes. (WHEREUPON, an off-the-record discussion was had). BY MRS. APRIL: Q. Before that break, you were talking about a meeting at Scott Rothstein's personal office. You said you were always in the same office when you went to his firm? A. Yes. Q. Did any particular person at the firm ever, like, escort you into the office or greet you? A. Scott's secretary. Q. Did you know her name? A. No, she's a Latin girl. Q. Did you, again, visit Scott Rothstein's office after the meeting you described with Mr. Legamaro looking at documents and things in boxes? A. Not that I recall. Q. Let me clarify something. So, am I to understand United Reporting, Inc. 954-525-2221 EFTA01073717 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 44 that you were in Scott's office on three occasions? A. Yeah. Q. These boxes that former Sheriff Jenne and another individual brought in, were they available for your review on more than one of those meetings? A. (No response). Q. I know it's been awhile and there's a lot that went on at that time. A. Yeah, I'm just going through it in my head. I was there one time after and it was -- I don't remember exact dates, how many days after, but I was there one time after. Q. And do you know who you were with? Was Mr. Rothstein there, of course? A. Of course. Q. Anyone else? A. A.J. DiScala. Q. Was Mr. Legamaro with you at that time? A. I don't remember. Q. Was Thane Ritchey there? A. No. Q. And at that other visit to the Rothstein office were the boxes in the same location in his office? A. Yes. Q. And you mentioned that when they were brought in they were stacked up against the wall, but was there some United Reporting, Inc. 954-525-2221 EFTA01073718 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 45 point -- A. They weren't stacked up. They were just all on the ground, stacked next to each other but not stacked up. Q. So when Mr. Legamaro looked at things in them did he actually bend down on the floor to look or did he put them on the table? A. I know he bent over. I don't remember if he put them on the table. Q. Did you, for the several items that you described that you looked at briefly, do you know if you put some on the table or if you, you know, scooted down on the floor to look at them? A. I scooted on the floor or bent over. I didn't put anything on the table. I really, you know, felt personally a little uncomfortable because, number one, I didn't know what I was looking at. I don't know what I'm looking at, you know, or looking for. Q. Do you know the reason you went back this time that you're describing when you said you went back one other time with A.J. and possibly Mr. Legamaro, was it to continue the due diligence or the examination of the file? A. I don't remember. Q. Do you know how you came to know about any of these meetings? In other words, did you get an e-mail or a telephone call or some other communication? United Reporting, Inc. 954-525-2221 EFTA01073719 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 46 A. Most of it was A.J.. A.J. was more of the one that was, for lack of a better word, the ring leader. Q. He was setting up the appointments? A. Yeah. Q. Did he telephone you? A. Yes. Q. Did A.J. come down here regularly during the Fall of 2009? A. Yes. Q. Where did he stay? A. My house. Q. Did you live at the same address that you live at presently? A. Yes. Q. Did A.J., to your recollection, ever send you e-mails about visits to the Rothstein firm to set them up or remind you or anything like that? A. Yes. Q. Did you ever receive any e-mails from Scott Rothstein directly? A. I think I was copied. Q. Did you ever send any e-mails to Scott Rothstein? A. A couple. Q. And was it concerning the investment he was offering? United Reporting, Inc. 954-525-2221 EFTA01073720 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 47 A. I sent him a thank you e-mail for the football game, Monday night game, and I don't remember what else. Q. Did you ever have Scott's personal cell phone number? A. Yes. Q. Did you ever call him? A. Maybe three times. Q. Do you know what about? A. One was on a personal matter. The other two may have been for a meeting. Q. When you say about a meeting, you mean a meeting related to these investment opportunities? A. Yeah. If A.J. couldn't get ahold of him, he would have me call. Q. So did Scott, to your knowledge, make these appointments on his own as opposed to through his secretary? MRS. STREETER: If you know. A. Sometimes he did. Q. How did you first meet A.J. DiScala? A. I was introduced to A.J. from a friend of mine named Joe Gamborelli (phonetic). Q. And when was that? A. That was in around October of 2008. Q. Was that when you were in New York? United Reporting, Inc. 954-525-2221 EFTA01073721 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 48 A. September of -- Yeah, when I first got up there. Joe lives in New York. Q. Did you ever work with A.J. after that, I mean, like -- Let me rephrase that. Did you ever have any business dealings with A.J. prior to the investment we've been talking about? A. I looked at a couple of things. I never invested in the deals he did. Q. And what was his occupation when you met him? A. Good question. Q. Or what did you A. Investment banker. Q. Okay. Sometimes that question should be: What did you understand his occupation to be? Investment banker? A. Yes. Q. Was he with a firm? A. No, he was on his own. Q. Does he live in New York, to your knowledge? A. Yes. Q. Have you been to his home? A. Yes. Q. Where does he live? A. Exact address? Q. Whatever you know. A. I've probably got it in my phone. I don't know his United Reporting, Inc. 954-525-2221 EFTA01073722 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 49 exact address off the top of my head. Q. But is it an apartment building, is it uptown or downtown? A. It's near Tribeca. He lives in an apartment, he doesn't own it. Q. Going back to the documents that Michael Legamaro looked at and files when you were in Scott Rothstein's office: Are you able to say what he specifically looked at, in other words, whether they were court papers or whether they were some other kind of papers? A. Of what Michael Legamaro looked at? Q. Yes. A. He looked through many of the boxes. I think there were, you know, court papers. MRS. STREETER: Do you know what they were? A. Not specifically, no. Q. When I say court papers, I'm talking about things that are actually filed in court like I had shown you before, the beginning of this complaint, the Razorback complaint. A. Yes. Q. Do you know if he looked at any papers that are styled this way with a court name on them, a plaintiff and a defendant? A. I was not with him when he actually was looking at that piece of paper. I only heard comments of what he said, United Reporting, be. 954-525-2221 EFTA01073723 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 50 so I can't say for certain. Q. Was there any time when he said to you or to A.J., Oh, take a look at this. It shows -- Anything in particular? A. I don't remember the particulars. Q. I think you said he did not take any notes that you recall? A. Correct. Q. Did you take any notes? A. No. Q. Did A.J. take any notes that you saw? A. No. Q. Did Scott Rothstein take any notes of what was going on, to your knowledge? A. No. Q. Did Scott show you any other -- When he was making his sales, was this sort of a sales pitch he was doing? A. Yeah. Q. Did he show you any, you know, charts or powerpoints or presentations in addition to these files? A. No. Q. Did he play any tapes for you? A. No. Q. Did he advise you that he used investigators to obtain information about Mr. Epstein? A. Yes. United Reporting, Inc. 954-525-2221 EFTA01073724 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 51 Q. What did he tell you about that, just that he used them? A. Yes. Q. Did he say that he had had any telephone conversations taped of Mr. Epstein? A. I don't recall. Q. Did he tell you who the investigators were? A. Yes. Q. Do you recall their names? A. Ken Jenne, Mike Fisten. Q. Do you know if Mike Fisten was the other person that helped Ken Jenne deliver the boxes of material to the Rothstein office you were in? A. I don't know. Q. Do you know Mike Fisten when you see him? I mean, have you ever seen him to your knowledge? A. Yes. Q. So if he were to walk in here now would you recognize him? A. Yes. Q. Did you ever meet him? A. Yes. Q. Where? A. Outside of Scott's office with Ken Jenne. Q. Who introduced you? United Reporting, Inc. 954-525-2221 EFTA01073725 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 52 A. Scott. Q. Did he introduce you with a description of what Mr. Fisten did for the firm? A. Yes. Q. What did he say he did? A. That they were, you know, there to do investigative work on the cases. Q. Did he boast about any techniques they used? A. Yes. Q. What do you recall that he said? A. That was one of Scott's sales pitches in general about his investigative team and that you have to be cautious of what you put in your trash can, it's not shredded and cross-shredded. They would take video surveillance if they had to, sit outside homes, watch patterns, watch where they go. I think that's all I remember. Q. Did he tell you that they had Mr. Epstein under surveillance for further opportunities? A. No, I don't remember. Q • Who else, if anyone, did you ever meet at the Rothstein firm when you would go to Scott's office? Do you remember? A. Yeah. Q. Let me withdraw that question for a moment and just ask you about some names. Did you ever meet Stuart United Reporting, Inc. 954-525-2221 EFTA01073726 1 2 3 4 5 6 7 8 9 10 171 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 53 Rosenfeld? A. Briefly. Q. At the office or outside? A. At the office. Q. What was the circumstance, did Scott bring him in? A. No. We were passing through the hallway and Scott just introduced him. We were walking by and that was it. Q. So it was merely an introduction? A. Yeah, if that. I mean, he wouldn't know who I was or he didn't say specifically this is Dean Kretschmar. Q. What about Russell Adler, did you ever meet him? A. No. Q. What about Debra Villegas? A. No. Q. Did you ever meet anyone there called, I'm not sure I'm saying his name right, Frank Preve or Preve? MRS. STREETER: Preve. BY MRS. APRIL: Q. Who is Frank Preve? A. Frank Preve was with Banyon and worked for George Levin. Q. And where did you meet him? A. At George Levin's offices. Q. And where was George Levin's office? A. Off of Sunrise across from the Galleria Mall. United Reporting, Inc. 954-525-2221 EFTA01073727 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 54 Q. Did you ever see Frank Preve at the Rothstein firm when you visited those offices? A. He was in the first meeting that I described Barry Bekkedam was there, George Levin, Frank Preve. I did say Frank Preve's name. That was the only time that I saw him. Q. Do you know what his role was with Banyan? A. He was George's right-hand man. He was the one that sent you your statement. That's where my first investment was through. He was the contact person with Banyon Investment Income Fund. Q. Did you ever meet anybody named Soden, B-o-d-e-n? A. No. Q. Are you affiliated with D3 Capital Club, LLC? A. Describe what you mean affiliated? Q. Well, do you own any part? A. No. Q. Do you know what it is? A. Yes. Q. What is it? A. It was an investment vehicle for the last investment of this certain Epstein case. Q. Does D3 stand for any particular thing, if you know? A. (No response). Q. I mean, for example, like names DiScala, Dean, United Reporting, Inc. 954-525-2221 EFTA01073728 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 55 Doug, anything? A. Yes. Q. It does stand for names? A. Uh-huh (affirmative response). Q. I'm going to ask you about some other individuals. You had mentioned at the first meeting that the Banyon, with Barry and Banyon people that were at Rothstein's office, that there were a number of people in addition to those you named. I think you said the room was, the table was filled pretty much? A. Uh-huh (affirmative response). Q. Was John Antolik present, if you recall? A. I don't remember. Q. Do you know who that person is? A. Yes. Q. Who was he? A. He is, he knows A.J. DiScala. Q. Was he an individual who had an interest in investing in Banyon, do you know? A. Not Banyon. Q. Any other investment that A. Razorback. Q. Are you saying he did invest in Razorback, to your knowledge? A. Yes. United Reporting, Inc. 954-525-2221 EFTA01073729 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 56 Q. Chris Podaras, do you know someone by that name? A. Yes. Q. Do you know if he was at any of the meetings in Rothstein's office? A. Yes. Q. Was he at what I'll call the first one, the large group with Barry? A. I don't remember. Q. How do you know Chris? A. I know Chris through A.J. Q. Did he invest, to your knowledge, in Razorback or any fund? A. Yes. Q. Have you ever done business with Chris Podaras? A. Outside of this investment, no. Q. Do you know someone named Jim Parrish? A. Yes. Q. Do you know if he was at any meeting at the Rothstein firm? A. I don't remember. Q. Do you know if he invested in Razorback? A. I don't think so. Q. Do you know if he invested in any product offered by or opportunity offered by Scott Rothstein? A. I don't think so. United Reporting, Inc. 954-525-2221 EFTA01073730 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 57 Q. How do you know him? A. Through A.J. DiScala. Q. Do you know if he lives in New York or Florida? A. Yes, he lives in New York. Q. Do you know if he has a business affiliation, is he with a firm or a company? A. I think he's on his own. Q. Michael Christ, is that name known to you? A. Yes. Q. Who is he? A. He works for AIG which is an investment group. Q. Do you recall if he was ever present at any meeting in Scott Rothstein's office? A. I don't recall. Q. Do you know if Scott Rothstein ever told you or others in your presence that there was any kind of insurance in connection with the investments in the settlement opportunity? A. No. Q. Did anyone tell you there was insurance? A. Yes. Q. Who? A. Barry Bekkedam, Frank Preve and George Levin. Q. And did they tell you this on separate occasions or at one sitting, at one time? United Reporting, Inc. 954-525-2221 EFTA01073731 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 58 A. Separate occasions. Q. And what did you understand the insurance was and the amount? A. I understood it was 70 million. It was, basically, a fraud and crime policy. Q. Do you know if there ever was a fraud and crime policy purchased? A. I was told there was. Q. Did you make a claim under that policy, if you know? A. Yes. Q. Do you know if that is a pending matter? A. Pending matter. Q. So you understand that it's Banyon that had the insurance? A. Yes. Q. Did Michael Legamaro, did he ever ask - again, not just privately with you but in front of either Scott Rothstein or somebody who he did not represent - whether the investment, whether there was any insurance in place for the investment? A. I don't remember. Q. Do you know someone named Al Rappetti? A. Yes. Q. And who is Mr. Rappetti? United Reporting, Inc. 954-525-2221 EFTA01073732 1 2 3 4 5 6 7 8 9 10 11 14 3.5 16 17 18 19 20 21 22 23 24 25 Page 59 A. He worked for Ballamor. Q. That's Barry Bekkedam's firm? A. Yes. Q. How do you spell that, Ballamor? MRS. STREETER: B-a-1-1-a-m-o-r. MRS. APRIL: Is it on there? MRS. STREETER: Yeah. BY MRS. APRIL: Q. Now, forgive me, i don't think I asked you this. There's a lot of names I've been asking you about. Thane Ritchey, how did you originally meet him? A. I originally met him at the Monday night football game. He met us. Is he a friend of A.J. DiScalas. Q. Is this the game we talked about earlier, the Dolphins/Jets game down here in October of 2009? A. Yes. Q. And you met him at the game? A. Yes. Q. Did A.J. tell you before the game anything about Thane Ritchey? A. Yes. Q. What did he tell you? A. That Thane was, Thane's father was a pretty prominent figure on Wallstreet as an investor. Thane had a two billion plus fund himself for various investments. They United Reporting, Inc. 954-525-2221 EFTA01073733 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 :6 17 18 19 20 21 22 23 24 25 Page 60 were both involved in -- I think A.J. brought him to Tom Petter's investment, which turned out to be a ponzi scheme. Q. This is what A.J. was telling you by way of background of Thane Ritchey? A. Yeah. And he has a big hedge fund. Q. That's the two billion dollar fund you're talking about? A. Yeah. Q. Do you know what it's called? A. Ritchey Capital. Q. Did you speak with Thane Ritchey about investing with Scott Rothstein when you met him at the football game? A. No. Q. Did you speak with him at some time after that about investing? A. No. Q. Did you ever borrow money from Thane Ritchey to invest in the, well, in the Epstein settlements, the products that Rothstein offered? THE WITNESS: Maxine? MRS. STREETER: Sure. MRS. APRIL: Off the record for a couple of minutes. (WHEREUPON, an off-the-record discussion was had). MRS. STREETER: I just want to say something, back United Reporting, Inc. 954-525-2221 EFTA01073734 1 2 3 4 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 61 on the record, Mr. Kretschmar has advised me that his business dealings with Mr. Ritchey are involved in present litigation right now. His lawyer is not present to advise him. It's the subject of ongoing litigation and he's not comfortable answering any of these questions. He's not going to answer any more. MRS. APRIL: Let's defer on all of that. Let me just say since we're on the record that rather than, that we will not cover that today. And in the event that that litigation resolves itself and it becomes necessary in this case to re-depose him on certain issues, we reserve that right. MRS. STREETER: That's fine. BY MRS. APRIL: Q. I think you testified previously that you were not told the names of any of the alleged victims of Mr. Epstein who were the plaintiffs in these cases that were being projected as large settlements? A. Uh-huh (affirmative response). Q. But you understood that there were 17 or 18 girls who were going to be making claims against Mr. Epstein? A. Uh-huh (affirmative response). Q. Other than Mr. Epstein, did Scott Rothstein at any of these meetings or times that you spoke with him or he spoke to you talk about other defendants? In other words, United Reporting, Inc. 954-525-2221 EFTA01073735 1 2 3 4 5 6 7 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 62 cases that didn't involve Jeff Epstein? A. Yes. Q. And did you get any description of the defendants, if not by name, by characterization? A. Yes. Q. What did he tell you? A. About the same time as this case, he was telling us about another case he didn't have but he thought he was going to get, and it was a American company that did some wrongful acts in South America and it was related to Dole Pineapple. Q. Did you ever hear of the term Qui Tam case? A. Yes. Q. Do you remember if Scott discussed any of the Qui Tam case with you? A. I think that may have been one of the Qui Tam cases. Q• Was Mr. Legamaro present when Scott Rothstein discussed that case or cases? A. I don't remember. Q. Were you given any papers or including like an offering memorandum or prospectus by Scott Rothstein? A. No. Q. Do you know if any of your colleagues that you were -- like A.J. DiScala were given any offering papers or prospectus by Scott Rothstein? United Reporting, Inc. 954-525-2221 EFTA01073736 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 63 A. I don't know. Q. What about Mr. Legamaro, did he receive any documents from Scott Rothstein or someone on behalf of Scott Rothstein? A. I don't know. Q. When is the last time you ever spoke to Scott Rothstein, if not the exact date, the approximate time? You are free to look at the calendar if that helps you. A. I think this was that last meeting. Q. And that was late-October? A. Yeah. Q. Did you ever meet someone named Halle, H-a-1-1-e, on or about the last week of October, 2009? A. Somebody by the name of Halle? Q. Yes. A. Is that a first name, last name? Q. Well, Warren Halle? A. Warren Halle? Q. Well, let me try a different question. Do you know someone named Buddy Hack? A. Yes. Q. Who is that? A. He works for Larson. Q. The boat dock company? A. Yeah. United Reporting, Inc. 954-525-2221 EFTA01073737 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 64 Q. A. Q. Ships, yachts? I'm not sure. Larson? Yes. Do you know if he introduced you to someone named Warren Halle or Halle? A. Yes. Q. Do you know under what circumstances you met this gentleman? A. We met with him, my stepfather and I, and A.J. DiScala at my father's house, stepfather's house, same person in this case. And we told him about the investment, but he ended up not investing. Q. Do you know if that was after you last visited the Rothstein office? A. I don't remember. Q. Was it during any kind of a event at a boat show or any -- A. Yeah, it was a boat show. Q. Early in your testimony you mentioned Michael Szafranski I think and I believe you said, without me going back to my exact notes, that he had something to do with verifying the Rothstein firm's representations for Banyon or for Ballamor. Do you know who hired him? A. From my understanding, it was Platinum Centurion. Q. And what's Platinum Centurion? A. They're a hedge fund in New York. United Reporting, Inc. 954-525-2221 EFTA01073738 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 65 Q. And is there any individual who you ever talked to who was with Platinum Centurion other than Szafranski? A. I don't understand your question. Q. Well, in other words, when you talk about Platinum Centurion, is there an individual that you believe to be the operator of those funds? A. Oh, I don't know. I was told Platinum Centurion by George Levin and Frank Preve. Q. But you did meet Szafranski, right? A. Yes. Q. Did I understand you said he was at the first meeting in Scott's office or do you know? A. I don't know. Q. Where did you meet him in New York or down here? A. Down here. Q. Do you know where you were when you met him? A. He had an office in RRA on a different floor. Q. And RRA is Rothstein, Rosenfeld & Adler? A. Correct. Q. Did it strike you as odd that a third party who was sent to verify the bonafides of the Rothstein office had an office in that firm? MRS. STREETER: Objection as to form. You can answer. A. Yes and no. It wasn't on RRA's main floor, but it United Reporting, Inc. 954-525-2221 EFTA01073739 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 66 was a few floors down and didn't seem to be a very important area of their firm. Q. Do you think it might have been an office they were letting him use for whatever he was doing there? A. Yeah. Q. Did Scott Rothstein ask you or, well, did he ever ask you to bring in other investors to this deal he was pitching? A. Yes. Q. Did he offer you any additional benefit if you brought others in? A. Yes. Q. What was that? A. It was a higher percentage than 15 percent, but I don't remember the exact percentage. It was different. Q. And when you say 15 percent, is that the return you were promised on the investment? A. Banyon. Q. And Banyon? A. Yes. Q. So how much money did you put in Banyon? A. 8.4 million. Q. And then you also said you invested in other ways, was that with the same promised return? A. Of the 15 percent? United Reporting, Inc. 954-525-2221 EFTA01073740 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 67 Q. Yes. A. I invested in Razorback. I don't remember then what the exact return was on that. I think it was higher than the 15. Q• But Razorback was also an investment with Rothstein based on the same kinds of settlements as the one you were looking at with respect to Epstein, is that correct? Let me rephrase that. Was the prototype, the nature of the investment, the settlements the same for Razorback as it was going to be for your later investment for D3? A. They weren't the same in the sense that if one was a confidential settlement for a company versus -- We went off of what Scott was telling us what he was negotiating. So there wasn't a standard, you know, return per se other than what George Levin was offering us at the first initial investment of Banyon, which was a set 15 percent. Q. And the first investment with Banyon did you have a prospectus or an offer of memorandum? A. Yes. Q. How did you learn that you had been defrauded, I think that's the word you used earlier in your deposition today? How did you first hear about that? A. A.J. had received a e-mail from Scott Rothstein saying to stay away and that, basically, he wasn't right, he United Reporting, Inc. 954-525-2221 EFTA01073741 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 68 was sorry and it's best to stay away from him. And then we called -- Well, I shouldn't say we. A.J. called Frank Preve and said, What's going on? And so George Levin and Frank were in conversations with Scott. Q. When A.J. got this e-mail from Scott did he show it to you or forward it to you? A. Yeah. Yeah, he showed it to me. Q. And did it make sense to you? A. No. Q. Did you understand that -- Well, what did it mean to you? Let me retract that and ask a different question. What happened after that? You said that A.J. spoke to Preve? A. Yes. Q. And what did he learn from that communication that he shared with you? MRS. STREETER: I'm going to -- I just want to put on the record, again, that you're going into areas that are part of our case and involving our litigation. I mean, he's here to talk about Epstein. I'm not comfortable with this line of questioning. BY MRS. APRIL: Q. Well, let me ask you this: I'm not sure that they don't blend together, but let me Do you know, do you know what happened after that United Reporting, Inc. 954-525-2221 EFTA01073742 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 69 with respect to your investment? You had already made some investments, right, at that point that this e-mail was sent? A. Yes. Q. Did you have other investments that were in process or that were halted, can you tell me what happened to your -- Let me backup. When did you decide, if you did, to invest in the group of settlements that I'll describe as the Epstein settlements? A. I didn't make an investment in the Epstein settlements. Q. You never made that investment? A. No. Q. Were you going to or did you never get to the point where you decided? A. I basically didn't have any more money to invest. Q. Did Scott Rothstein ever ask you to sign any agreement or anything that you wouldn't discuss what was said to you in his office about the Epstein cases or any other cases? A. No. Q. Did he ever say you could not take notes of what you were looking at if you chose to look at those files? A. I don't recall. Q. Do you know who Elizabeth Friedland is? United Reporting, Inc. 954-525-2221 EFTA01073743 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 70 A. Yes. Q. Who is she? A. She was A.J.'s secretary. Q. And did A.J. have a company called Clockwork Capital Advisors in New York City? A. Yes. Q. And to your knowledge was that his -- did she work for that company? A. I don't know. Q. When is the last time, if you remember, that you spoke with A.J. DiScala? A. Eight months ago. Q. Do you know if he still has Clockwork as a -- if Clockwork Capital Advisors still operates? A. I don't know. Q. Do you know an attorney named Chris Roman? A. No. Q. Do you know a firm named Clifford, Chance? A. Yes. Q. Do you know how you are acquainted with that firm at all? MRS. STREETER: Can we take a break for a second? I want to talk to you. MRS. APRIL: Sure. I think he needs to answer the question first if he can or not. United Reporting, Inc. 954-525-2221 EFTA01073744 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 Page 71 BY MRS. APRIL: Q. Do you happen to know who Clifford, Chance is? A. A.J. spoke with him and dealt with Clifford, Chance. MRS. APRIL: Give me just a second and then we can take that break you were talking about. BY MRS. APRIL: Q. Do you know someone named Adam Fisher? A. Yes. Q. Who is Mr. Fisher? A. Who is Adam fisher? Q. Yes. A. Adam is another friend of A.J. DiScalas or knows A.J. DiScala. Q. Do you know if he was ever at any meeting that you attended at the Rothstein firm? A. Yes. Q. Yes, he was there? A. Yes. Q. Was it the first one when you were with the Banyon people? A. I don't recall. Q. Do you know if anybody invested in the settlements that we've described as the Epstein settlements that Scott Rothstein was trying to sell as an investment? United Reporting, Inc. 954-525-2221 EFTA01073745 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 72 A. I'm sorry, do I -- Q. Do you know if anyone invested in it? A. Yes. Q. Who? A. My father invested in that, *Mercato Jew (STA), and I don't know if any -- I don't know any others. Q. I promise, we are going to take a break in a second, but what's *Mercato Jew [STA]? A. That's an organization that Thane Ritchey owns. MRS. APRIL: Let's take a couple of minutes and then I'm going to be wrapping up soon any way. (WHEREUPON, an off-the-record discussion was had). BY MRS. APRIL: Q. A few more questions about what Mr. Rothstein told you and the others who were present about the Epstein cases and the cases that he anticipated would be settled. Okay? A. Uh-huh (affirmative response). Q. Did he tell you who was negotiating settlements on behalf of the Rothstein firm's clients, who specifically? A. Who was negotiating -- Q• The settlements? In other words, did he tell you it's me, Scott Rothstein, or it's -- A. Oh, yeah. It was him. Q. He said it was him? A. Yeah. United Reporting, Inc. 954-525-2221 EFTA01073746 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Page 73 Did he tell you what lawyers were actually working on those cases? A. On his side or -- Q. On his side? A. No. The story was that Scott, that's why he had a separate office, handled all the confidential settlements. All the other cases were handled by the firm. Q. Did he tell you any of the names of the other lawyers who even worked on these cases before they settled? A. No. From what I -- That's what I'm trying to say, he was the one that worked on these cases, Scott personally. Q. Did he ever mention the lawyers who had in his firm -- who had originated the cases, you know, who brought them into the firm? A. No. Q. Did he ever mention a lawyer named Brad Edwards? A. No. Q. Did you know that Brad Edwards was one of the partners at that firm? A. No. Q. Did you ever hear that -- So you're telling me you never heard the names of any lawyers who might have done anything with these cases? A. Correct. United Reporting, lnc. 954-525-2221 EFTA01073747 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 74 Q. Because Scott told you it was just Scott? A. Right. Q. Did you wonder how he got the cases? A. Of course. Q. And he told you that the first girl or the second girl had led to many other potential settlements? A. Uh-huh (affirmative response). Q. him? But did he tell you how the very first one came to A. The story I remember was just, you know, Scott's image and the fact that he was on several billboards, big in the community, you know, he had gained a lot of exposure. I think the mother had searched him out and wanted to speak with him. I never knew it was an attorney, you know, or somebody else in his firm that brought it to him. I didn't get that detailed. Q• And I think you said you didn't actually look at any of the court papers to see who signed them for the firm? A. Correct. Q. But did Mr. Legamaro comment about that at all in Scott's presence? A. I don't remember. Q. Do you know one of the girls was referred to as III., does that -- is that something you remember? A. I don't remember that. United Reporting, Inc. 954-525-2221 EFTA01073748 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 75 Q• How about Jane Doe, did you ever hear them refer -- or any girl referred to as Jane Doe? A. Yes. Q. And did you understand that was to conceal her true identity? A. Yes. Q. Now, I had some -- Do you know, and you may not, but do you know the total amount that was invested in the Epstein group of settlements? MR. KING: Objection to form. Foundation. BY MRS. APRIL: Q. It's okay. If you know? You mentioned your father I believe was one of the investors? I think it was 13 million, but Q. You're not sure? A. I'm not sure. Q. Your lawyer has indicated that you are still involved in certain litigation and, therefore, are reluctant to testify about certain relationships and matters. So at this time, I'm not sure if I can ask this question. She will tell me or tell you if I can or not. Are you engaged in any litigation with Mr. Ritchey currently? MRS. STREETER: You can answer that question. A. Yes. United Reporting, Inc. 954-525-2221 EFTA01073749 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 76 Q. Well, in light of that, I am not going to pursue certain questions that I might have otherwise, but I am going to reserve the right to recall you at such time as if we deem it necessary and if your willing to speak about it at a future date. MRS. APRIL: I don't have any other questions at this time. MR. KING: I don't have any questions. MRS. STREETER: He will read. (WHEREUPON, the deposition recessed at 11:40 a.m. and the witness chose to Read and Sign). United Reporting, Inc. 954-525-2221 EFTA01073750 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 77 CERTIFICATE OF OATH STATE OF FLORIDA COUNTY OF BROWARD I, Lee Lynott, Certified Merit Reporter, Notary Public, State of Florida, certify that DEAN KRETSCHMAR personally appeared before me on the 11th day of February, 2011 and was duly sworn. Signed this 16th day of F ruary, 2011. Lee ynott, RMR, RPR Notary Public, State of Florida MY COMMISSION # DD996092 EXPIRES: June 29, 2014 Notary Public Underwriters United Reporting, Inc. 954-525-2221 EFTA01073751 3 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 Page 78 REPORTER'S CERTIFICATE STATE OF FLORIDA )ss COUNTY OF BROWARD I, Lee Lynott, Certified Shorthand Reporter and Registered Merit Reporter in and for the County of Broward, State of Florida, do hereby certify: That prior to being examined DEAN KRETSCHMAR, the witness named in the foregoing deposition, was duly sworn by the undersigned to testify to the truth, the whole truth, and nothing but the truth. That said deposition was taken before me at the time and place set forth and was taken down by me in shorthand and thereafter reduced to computerized transcription under my direction and supervision, and I hereby certify the foregoing is a full, true and correct transcript of my shorthand notes so taken. I further certify that I am neither counsel for nor related to any party to said action nor in anywise interested in the outcome thereof. IN WITNESS WHEREOF, I have hereunto subscribed my narr this 16th day of February 2011. Lee Lynott, RMR, RPR Notary Public, State of Florida MY COMMISSION # DD996092 EXPIRES: June 29, 2014 Notary Public Underwriters United Reporting, Inc. 954-525-2221 EFTA01073752 2 3 4 5 6 7 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page READ NOTICE February 16, 2011 C/O Dean Kretschmar CONRAD & SCHERER ATT: MAXINE K. STREETER 633 South Federal Highway Fort Lauderdale, Florida 33301 IN RE: Jeffrey Epstein vs. Scott Rothstein, et al., Dear Mr. Kretschmar: Please be advised that your deposition given on February 11, 2011 is ready for your Reading and Signing. Please contact our offices to make arrangements to Read your deposition transcript within 30 days from receipt. However, if you have decided not to Read and Sign, please let us know as soon as possible. If you should have any questions, please do not hesitate to call. Sincerely, Lee Lyn MR Court Reporter cc: Service List United Reporting, Inc. 954-525-2221 EFTA01073753 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 80 ERRATA SHEET I, the undersigned, DEAN KRETSCHMAR, do hereby certify that I have read the foregoing deposition and that, to the best of my knowledge, said deposition is true and accurate (with the exception of the following corrections listed below): PAGE/LINE CORRECTION REASON FOR CORRECTION See attached sheet(s) for additional information: Yes STATE OF ) ) COUNTY OF ) SS.: # Subscribed and sworn to before me, this day of , 2011. Dean Kretschmar Date Notary Public My commission expires: United Reporting, Inc. 954-525-2221 EFTA01073754