DS9 Document EFTA01077425

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 2009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff, vs. SCOTT ROTHSTEIN, individually, BRADLEY J. EDWARDS, individually, and L.M. individually, Defendants. The deposition of MICHAEL LEGAMARO, called for examination, taken pursuant to the applicable Rules pertaining to the taking of depositions, taken before LORRAINE DUNN, a Notary Public within and for the County of Cook, State of Illinois, and a Certified Shorthand Reporter of said state, CSR No. 84-2024, at Suite 500, 77 West Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077425 2 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Wacker Drive, Chicago, Illinois, on the 11th day of March, A.D. 2011, at 12:05 p.m. APPEARANCES: FOWLER WHITE BURNETT, P.A., (100 Southeast 3rd Avenue, 21st Floor, Fort Lauderdale, Florida 33394, IMMIIMMINIMB), by: MS. SUSAN H. APRILL, appeared on behalf of the Plaintiff; SEARCY, DENNEY, SCAROLA, BARNHART & (2139 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33409, ), by: MR. PATRICK E. QUINLAN, appeared via video teleconference on behalf of Defendant Bradley J. Edwards. Madison Deposition Services•70 a Madison 14th FL.Chicago IL 60602oe:312-379-07o2 EFTA01077426 3 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 APPEARANCES: (Continued) CONRAD & SCHERER, (633 South Federal Highway, Ft. Lauderdale, Florida 33301, ), by: MR. ALBERT L. FREVOLA, JR., appeared on behalf of Clockwork Capital Advisers, DSquared Holdings, D3 Capital Club, Razorback Funding. MORGAN, LEWIS & BOCKIUS, LLP, (77 West Wacker Drive, Suite 500, Chicago, Illinois, 60601, ), by: MS. NINA G. STILLMAN, MR. KEVIN DREHER, appeared on behalf of the deponent. REPORTED BY: LORRAINE DUNN, CSR No. 84-2024. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077427 4 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 MS. APRILL: Whenever you're ready, we will begin. (WHEREUPON, the witness was duly sworn.) MICHAEL LEGAMARO, called as a witness herein, having been first duly sworn, was examined and testified as follows: EXAMINATION BY MS. APRILL: Q. Sir, what is your name? A. Michael Legamaro, L-e-g-a-m-a-r-o. MS. STILLMAN: I just want to say, for the record, we discussed this before we went on the record. Under Illinois law, any video deposition has to have a special kind of subpoena or notice. We were requested yesterday afternoon by Ms. Aprill's law firm, if I recall, that defense counsel asked to participate by video. We were able to accommodate them. We have been assured by defense counsel who is participating by video that no taping is being done; that this is strictly a live transmission. Is that your confirmation? MR. QUINLAN: Yes. This isn't for videotaping purposes. It's just the chance to be Madison Deposition Services•70 W Madison 14th et-chicago IL 60602•P:312-379-0702 EFTA01077428 5 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 able to put faces to the voices I hear during the depo. I appreciate everybody's cooperation in setting it up. MS. STILLMAN: Fine. Then we can proceed. BY MS. APRILL: Q. Mr. Legamaro, my name is Susan Aprill. We met just briefly before we got on the record. I represent an individual named Jeffrey Epstein in connection with a pending lawsuit in the 15th Judicial Circuit for Palm Beach Florida. That lawsuit is against Scott Rothstein and Bradley Edwards. MS. APRILL: Could you mark this for identification, please. (WHEREUPON, said document was marked Legamaro Deposition Exhibit No. 1, for identification, as of 3/11/11.) MS. STILLMAN: Excuse me. You said Scott Rothstein. The subpoena I have says Scott Reynolds. MS. APRILL: Scott Reynolds? Can I see what you're looking at? It also says Lake County, Illinois, where we're not. MS. STILLMAN: Right. We decided not to make Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077429 6 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 an issue. MS. APRILL: All right. Well, that's interesting. I caught the Lake County. Thank you. BY MS. APRILL: Q. Well, let me ask you this: Have you ever seen, sir, a notice, or more specifically, a renotice of taking your deposition for today? A. I don't know what I've seen. I have seen something very similar to what you're holding. Q. I am going to ask the court reporter to mark this for clarify. MS. STILLMAN: The witness has seen the original subpoena. I've never seen the renotice, either. MS. APRILL: May I see what you have there and make sure at least the attachments are the same, because that's what I'm concerned about. Schedule A is really what I wanted. BY MS. APRILL: Q. I am going to show you what our reporter has marked as Exhibit 1 for today's deposition and ask you if you have seen it or any part of it since there may be some portion you Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602.P:312-379-0702 EFTA01077430 7 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 haven't seen? (WHEREUPON, the document was tendered to the witness.) BY THE WITNESS: A. I don't know that I've seen all of it but I have seen part of it. BY MS. APRILL: Q. At the very end, I think it is the last two, three pages, there is Exhibit A that is titled. Have you seen that before, Exhibit A? A. Yes, I have. Q. I understand that you are represented by counsel today. It is never my intention at all to ask you to disclose anything that is privileged. If you feel I am asking it, certainly I will try to rephrase it. Did you ask anyone to locate any documents that you believe are responsive to Schedule A? MS. STILLMAN: I'm going to object to what he asked. If you want to ask him what he did to search for documents, that's fine. BY MS. APRILL: Q. Okay. Did you conduct a search or Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077431 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 36 17 18 19 20 21 22 23 24 25 cause a search to be conducted for any documents you believe to be responsive? A. Yes. Q. Did you identify certain responsive documents? A. Actually, I did not, but I turned my files over, all of my files over to the firm. Q. Have you seen the documents that were provided to me as a result of that? A. I'm not certain what you were provided. I have seen a set of documents that I was told were provided to you. Q. Is it correct for me to understand that there are documents in the file that you searched or caused to be searched that were not produced to me today? MS. STILLMAN: Relating to what, counsel? BY MS. APRILL: Q. Let me ask you this: Do you have -- the documents that were produced to me, did they come out of a file that was designated by a matter name or number? MS. STILLMAN: Counsel, you're assuming that they came out of a hard copy search as opposed to an electronic search. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077432 9 1 2 3 4 5 6 7 8 9 10 11 1 2 13 14 13 16 17 18 19 20 21 22 23 2.4 25 MS. APRILL: Actually, I'm not. I'm asking the question. I understand that people keep things in folders. MS. STILLMAN: Can I hear the question back, then? (WHEREUPON, the record was read by the reporter as requested.) MS. STILLMAN: If you know. BY THE WITNESS: A. I don't know. BY MS. APRILL: Q. Have you ever given a deposition before? A. Yes. Q. More than once? A. Yes. Q. Have you ever given any deposition in connection with any case where one of the parties is Scott Rothstein? A. No. Q. Do you know Scott Rothstein? A. I have met him. Q. Since you've been deposed before, I will not belabor the point, but clearly if I ask you a question and you don't know the answer, I'm Madison Deposition Setvices.70 W Madison 14th m.chicago IL 60602.P:312-379-0702 EFTA01077433 2 3 4 5 6 7 8 9 10 11 12 13 14 15 36 17 18 19 20 21 22 23 24 25 sure you will tell me you don't know, right? A. Yes. Q. And, likewise, if I ask a question that doesn't make sense to you or needs to be restated, you'll ask me, right? A. Yes. Q. Thank you. When you saw Exhibit A, which is part of Exhibit 1 that has been marked which is in front of you today, did you recognize a particular matter by title that you had worked on in the firm that you felt would have documents that might be responsive? A. Yes. Q. Could you tell me what that matter how you designate the matter so that when I'm asking you questions, it will be easier? A. Well, we had a matter involving a client. MS. STILLMAN: The name of the client -- you can give the name of the client. BY THE WITNESS: A. So the name of the client would be Ritchie Capital or Thane Ritchie, individually. MS. APRILL: That makes it a lot easier for me to focus my questions. Madison Deposition Services•10 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077434 11 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. APRILL: Q. Do you currently represent Thane Ritchie or Ritchie Capital? A. Yes. Q. In 2009, did you represent either or both of them? A. Yes. Q. Which? A. Both. Q. Did you represent both Ritchie Capital and Thane Ritchie, which I am going to refer to just as Ritchie, if that is okay with you? A. Fine. Q. In connection with an investigation of an investment that was being offered by Scott Rothstein? MS. STILLMAN: Wait a minute. At the investigation? I'm going to object as vague. BY MS. APRILL: Q. Did you represent them -- well, did you represent them -- strike that. Let's back up. You said you met Scott Rothstein? A. Yes. Q. When did you meet Scott Rothstein? A. Late September, early October 2009. Madison Deposition Services•70 W Madison 14th PL•Chicago IL 60602•P:312-379-0702 EFTA01077435 12 1 2 3 L 5 6 7 8 9 10 11 :2 13 14 15 16 17 18 19 20 2.1 22 23 24 25 Q. Where did you meet him? A. In his office. Q. Before you met him in his office, had you ever spoken to him on the phone? A. No. Q. What caused you to meet with him in his office at that time? A. I traveled to Florida with a client on other business and we collectively went to meet Scott Rothstein. Q. Was that client Thane Ritchie? A. Yes. Q. Were you there for a number of days? A. No. Q. One day? A. We arrived midnight one night and we left by 10 p.m. the next day. Q. What was the purpose of you going to Scott Rothstein's office? MS. STILLMAN: Objection. You can ask him what he did there in the presence of Scott Rothstein, but the purpose would be privileged. MS. APRILL: All right. BY MS. APRILL: Q. Let me ask you this: Were you invited Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077436 13 1 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 by anyone other than your client to be present at Mr. Rothstein's office? A. Well, not that I'm aware of, no. Q. All of this is, of course, if you know and if you remember. A. Not that I recall, right. Q. When you went to Scott Rothstein's office, was there anyone else present there? A. Yes. Q. Do you remember who? A. Well, John Kurmath, who is the president of Ritchie Capital and A.J. Discala. Q. Did you know A.J. Discala prior it is this that day? A. I had spoken to A.J. Discala a few years ago, something completely unrelated, and I met him at breakfast that morning. Q. Had you ever represented A.J. Discala? A. Yes. Q. Were you representing him at the time you had breakfast with him? A. No, not A.J. personally. Q• Who else was at the breakfast? A. No one. Q. Was your client with you as well? Madison Deposition Services.70 W Madison 14th FL•Chicago IL 60602.2:312-379-0702 EFTA01077437 14 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 A. Yes, Thane Ritchie, A.J. Discala. Q. And what was the subject matter? MS. STILLMAN: Of breakfast? MS. APRILL: Yes. MS. STILLMAN: To the extent that there was -- A.J., though, he said personally, but A.J. was a principal of a client. So, to the extent that there was any discussion that related to the client of which A.J. was a principal, we're going to assert the privilege. BY MS. APRILL: Q. Let me understand something. Is it your position that the entire conversation was privileged? A. Yes. Q. So you didn't talk about the ball scores or any nonlegal matters? A. No, I'm sure we did. Q• Can you tell me anything you believq is not privileged that you talked about that morning? A. No, not that I recall. Q. So you're saying that although you did not represent A.J. Discala personally at that time -- A. Madison Deposition Services•70 W Madison 14th PL•Chicago IL 60602.P:312-379-0702 EFTA01077438 15 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 Q. -- you represented an entity in which he was a principal? A. Yes, in fact -- yes. Q. Do you know the name of that? A. Clockwork Capital Advisors. MS. STILLMAN: Clockwork Capital Advisors, LLC, actually. BY MS. APRILL: Q. Had you represented Clockwork Capital Advisors prior to that breakfast meeting prior to that day? A. Quite possibly, yes. Q. Did you have anything to do with forming that entity? A. No. Q. You then went after breakfast to Mr. Rothstein's office? A. No. Q. Did you go to the other business meeting you had? A. We did, Thane and I did. Q. Do you know what time of day, approximately, you went to Scott Rothstein's office? A. We let's put it this way: We arrived, Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077439 16 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 we were in West Palm Beach, so we had to drive from West Palm Beach after lunch to Ft. Lauderdale, so we arrived at 2:30 or so. Q. So you went to Rothstein's office. Can you tell me what Mr. Rothstein did when you arrived? A. He greeted us and brought us into his office. Q. And was anyone else there from his firm? A. No. Q. Did you have a -- did anyone else join you during the meeting other than people you've already mentioned? A. No. Q. So it was just four of you? A. Yes. Q. What occurred during the meeting? A. Well, Rothstein explained what he was doing in terms of structured settlements. We reviewed examples of some of those structured settlement cases and we left, I suppose, in that order. Q. When you say he explained what he was doing running structured settlements, had you seen Madison Deposition Services•70 VI Madison 11th FL•Chicago IL 60602•P:312-379-0702 EFTA01077440 17 1 2 3 4 6 7 8 9 10 11 22 13 14 15 16 17 18 19 20 21 22 23 24 25 any documentation about what he was doing before arriving that day? A. No. Q. Had you ever heard of Scott Rothstein other than in the context of a privileged conversation? A. No. Q. Did you do anything to check him out as a person before going to the meeting? A. Not that I recall. Q. Did you know what he did for a living? A. Only by the assumption that he was -- his name was on the door of a law firm, so I presumed he was a lawyer. Q. Did you know anything about the nature of his practice? A. Before : arrived or when I arrived? Q. Before you arrived. A. No. Q. When you arrived, did he explain to you anything about his practice before talking about these structured settlements? A. Yes. Q. What did he say, as best you can recall? Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077441 18 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. That he was a plaintiff's lawyer and predominantly they were doing -- well, the firm itself was a full-service firm, but his particular background was in litigation, plaintiff's litigation, predominantly. Q. Did he mention that he specialized in any type of litigation like employment law or anything? A. I think he did, employment, labor, yes, representing plaintiffs in labor disputes. Q• career? Q. Have you ever done that in your own No. When you were at his office, you said you reviewed some I think you said some examples? Q. Can you tell me how it came about? Did Scott immediately show you some documents or how did it occur? A. He did not immediately show some documents. We talked for 30 minutes, maybe longer, about his structured settlement business if we call it that, and he invited us to take a look at case files or what I call case files, I suppose. He left the room while Thane and I Madison Deposition Services.70 W Madison 14th FL•Chicago IL 60602.P:312-379-0702 EFTA01077442 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 examined those case files and then he came back and we talked some more. Q. Now, do you know the exact date that this occurred? A. No. Q. Do you know what day of the week it occurred on? A. Not that I recall. Q. Was it a week day, though? A. Absolutely. Q. Do you have any calendars or records that would tell you the exact date if you were to look at them? A. Presumably, yes. Q. Are those personal files or firm files? A. Firm files, billing matters, billing files. Q. Was this a billable event, this meeting? A. Yes. Q. As best you can recall, what did you look at in these case files? What was the character of the papers? A. They were pleadings predominantly that I can recall, complaint, maybe motions, motions Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077443 20 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 practice, that sort of thing. I'm not quite sure exactly. I don't recall exactly what they were but they were pleading documents. They were pleadings. They could be things like motions for summary judgment, that sort of thing, complaint, answer, things that I would expect to find in a piece of litigation. Q. Was this file that you -- you looked at files for multiple plaintiffs? A. Not that I recall. Q. Did you look at these files just for one plaintiff, then? A. That's the only one I can recall, yes. Q. Do you remember the name of the plaintiff or how the plaintiff was designated if not by full name? A. There was no name listed for plaintiff. Indeed your question was accurate in that the plaintiff was designated by name as LM which sticks in my head. Q. And were you -- during the time that Scott was talking to you about the settlement, did he talk to you about what the LM case was about before he showed it to you? A. I don't recall. Madison Deposition Services•70 W Madison 14th FL•Chlcago IL 60602•P:312-379-0702 EFTA01077444 21 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. Did he tell you who the defendant was? A. In that case, again, I don't recall. Just to be clear, he did not -- we could have chosen any case file. Our conversations were broader and I picked the case file to be the LM. He did not show us. There were boxes. He said those are case files, take a look, and I picked up LM. Q. Now, the room that you were in when you looked at these files, the LM file, was it a conference room such as the one we're in? A. No. Q. Can you tell me what kind of a space you were in? A. Scott Rothstein's office I understood it to be. Q. In that office, was there a seating area with a sectional sofa and some other accessory furniture? A. Possibly. Q. Did you sit on a sofa or at a table when you were -- A. Sat at a table Q. So was there a conference table in there? Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077445 22 3. 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 23 24 25 A. Yes. Q. Was it as large as the one we're sitting at today, which I would say is eight or nine feet? A. Yes. Q. Were the boxes that he invited you to examine, if that's the right way to say it, were they on the table? A. No. Q. How were they arranged in the room? A. They were in the corner. Q. Were they stacked up? A. One, two high, maybe. There were approximately, let's say, approximately four boxes. Q. Again, I jumped to the conclusion that they were in boxes. These are like the typical banker boxes that you use in a firm? A. Exactly. Q. So you think there were about four boxes in the corner two high? A. Tops were open, that I recall. Q. Was there any marking on the outside of the box, a label or a number? A. Not that I recall. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077446 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 /, ^fl 21 22 23 24 25 Q. Did you move them from the corner to the table so that you could examine them? A. Not that I recall. Q. Did the others who were with you also look at the contents? A. Yes. Q. I'm trying to get a picture of the scene, forgive me. Can you describe to me were you each looking at separate parts of the file or were you kind of looking all together at any given pages? A. Well, there was really only two of us looking, Thane Ritchie and myself personally. we Q. Mr. Discala was not there? A. No, he left. Just to clarify, again, talked to Scott. He invited us, Thane and I, to take -- and presumably John Kurmath who I believe left on the phone, he departed. Kermath is, K-e-r-m-a-t-h. I think he was dealing with other business and he left the room. A.J. Discala left the room. Scott Rothstein left the room. Thane and I sat there and reviewed files for a few minutes and then Scott came back. Q. When you say a few minutes, about how much time did you spend -- Madison Deposition Services.70 W Madison 14th FL.Chicago IL 60602•P:312-379-0702 EFTA01077447 24 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 A. Fifteen, twenty minutes. Q. Do you recall seeing anything in those files that contained -- well, you said you saw court papers, pleadings? A. Yes. Q. Was the plaintiff was the defendant's name on there? I'm not asking you if you remember it. I mean was it blocked out or was it visible? A. The defendant's name was visible. There were two defendants, I recall. Q. Do you remember, sitting here today, who they were? A. I remember one was named Jeffrey Epstein and one was a woman. Q. Did you know who Jeffrey Epstein was prior to looking at those papers? A. Not really, no. I don't recall. Q. Well, did Mr. Rothstein describe anything about Jeff Epstein before you actually looked at papers? A. I don't remember the order of that, so I can't say with clarity. Q. Did you make any notes about what you saw in the files? Madison Deposition Services•70 W Madison 14th PL•Chicago IL 60602•P:312-379-0702 EFTA01077448 25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I wrote down the case number. That's the only note I recall taking, the Florida case file number. Q. Do you recall, you said about 30 minutes you did not. Do you know how long you spent actually perusing files? A. Fifteen, twenty minutes. Q. So I understand it, Scott left several boxes, you did not look at each of the files in the boxes? A. That's correct. Q. You made a random selection? A. I believe I took whatever was on the top. Q. Were they in binders, the files that you looked at? A. They were binders in the sense that they had two-hole punches in there. Q. At the top? A. Precisely. Q. Did Mr. Ritchie, if you know, look at some of the other files that you didn't look at? A. Yes, he did look at other files I did not look at. Madison Deposition Services•70 W Madison 14th Fi.•Chicago IL 60602•P:312-379-0702 EFTA01077449 26 1 2 3 4 5 6 7 8 9 14 15 16 17 18 19 20 21 22 23 24 25 Q. Then I presume you discussed them and that is a privileged conversation? A. Yes. Q. I think you can tell me this. Did you talk about them before Mr. Rothstein came back in the room? A. Yes. Q. You said you wrote down a case number? A. Yes. Q. Did you make any phone calls when you were in the room to someone at your firm, for example, to look up the case? Not that I recall. Q. Did you have a laptop or some sort of device with you to make any notes or go on the internet to look at the case file? A. No. Q. Was this, if you remember, a federal or a state court case? A. It was a state court case. Q. Do you remember that just because you remember it or because Scott had described the case being in state court? A. I recall writing down the case number. It was not a federal case number. Madison Deposition Services•70 W Madison 14th PL•Chicago IL 60602.P:312-379-0702 EFTA01077450 27 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• Did you subsequently yourself or ask a colleague to look at the complete file in the Palm Beach court? A. On-line? Q. Any way. A. Yes. I don't know exactly what I asked, but I asked somebody to examine, make certain the case was, in fact, filed -- Q. Okay. A. -- once I had returned to Chicago. Q. Now, I take it that this case that you examined was at that time not the subject of one of the settlements that was being discussed, is that right? A. It was an active case file, so I don't know that it was or it wasn't. Q. Did Scott Rothstein show you or make available for your inspection that day any other documents that concerned cases that were presuit, a dispute existed but he had not yet filed a case? A. Not that I recall. Q. Did he talk to you about having settlements in process for cases that had not yet been filed? A. He may have I recall him mentioning Madison Deposition sorvices•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077451 28 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2.4 25 that he had previously done such cases. I don't know that he discussed any future cases that he would have filed; in other words, I want to say that his business plan as related to structured settlements in part involved in some cases -- not necessarily the ones that were active -- but in some cases were presuit settlements. Q. Is it accurate to say that what Scott Rothstein was talking to you and the others who were in that room with you about was an investment in a single settlement? A. No. Q. Can you tell me what the product was that you were investing in? Was it a package of settlements? A. No. It was more a prospective proposal about future settlements and Scott Rothstein's ability to deliver multiple settlements for future use. Q. What was the purpose then for him showing you files? A. It was giving us examples of cases in which he had been involved. Q. I see. A. Or was currently then involved. Madison Deposition Services•70 M Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077452 29 1 2 3 4 5 6 7 8 9 10 11 12 13 24 15 16 11 18 19 20 21 22 23 24 ^ r J Q. So you didn't have -- is it correct to say that you did not believe that any investment that might be made was going to be in the LM settlement? A. At the time, that's right, yes, that's correct to say. Q. After you looked at the files that Mr. Rothstein made available, did you have any further conversations with him? A. Yes. Q. Can you tell me what he said and what was said back? A. As you may recall, I testified that he came back to the room. We then presumably -- not just presumably, we talked about the case file that we had in front of me and in front of Thane, which was if I recall similar to if not -- I don't recall what Thane's case was exactly -- then we discussed other cases that Rothstein either had active cases or would in the future start cases. Q. that? Do you remember anything about any of A. Well, I remember the latter case, for example, was a key tab case involving a government contract with the navy or the army or something Madison Deposition Services.70 W Madison 14th FL.Chicago IL 60602•P:312-379-0702 EFTA01077453 30 1 2 3 4 5 6 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and maybe orange juice or something like this where supposedly a supplier to the government was cheating the government, basically. Q. So, at that meeting, were your clients being asked to invest a certain amount of money? A. No. Q. Would you consider this a preliminary meeting to -- was this the first time -- strike that. How long did you spend at his office, Rothstein's? A. To include waiting in the waiting room or the front door? Q. Well, no, just with him. A. In his office, oh, an hour. Q. The boxes you said were already in the room when you came into the room? A. Yes. Q. You don't remember anyone carrying them in your presence? A. No. I remember that no one did carry them in. They were in the room when I was there, to make that clear. Q. Was there anyone who removed those boxes or any part of the files in your presence? Madison Deposition Services•70 M Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077454 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 A. No. Q. Did the meeting conclude with any agreement to confer further with Rothstein? A. Yes. Q. What happened? A. We agreed to have further conversations about Rothstein's business of structured settlements and we -- that was pretty much the end of it. We said good-bye and left. Q. Did you confer further with him? A. Yes. Q. Can you tell me when that occurred with respect to this meeting? Was it the next day or the next month? A. In fact, it was probably within an hour because we were -- we went downstairs to a restaurant, bar, if you will, and had a drink. We were waiting for somebody to do something. It may have been John Kurmath to return to us, I don't recall exactly. And Rothstein showed up. Q. In the restaurant? A. Yes. Q. Do you know if this is the restaurant in his office building that he owned? A. Yes. It is called Bova. Madison Deposition services•70 N Madison 14th FL.Chicago IL 60602.2:312-379-0702 EFTA01077455 32 1 2 3 4 5 6 9 10 11 12 13 1 4 15 16 17 18 19 20 21 22 23 24 25 Q. Did he tell you he owned it? A. He did. Q. I suppose he picked up the drink tab? I'm kidding. A. I don't recall who did. Q. So he joined you at your table or booth? A. Yes, or didn't -- join us isn't the right word. He showed up. I don't know that he sat. Q. All right. A. He said hello, good-bye and it was chitchat. Q. Was he with anyone else that was in the chitchat? A. Not that I recall. Q. After that, when is the next time that you had any communication with Scott Rothstein? A. Within the -- the times are a little bit -- so within two weeks or so, I would say, maybe three -- actually maybe not even that long. I don't recall exactly when the meeting was. In fairly short order, within a two-week period, maybe, I called him to ask him to tell us under what circumstances the selling of Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077456 33 2 3 4 5 6 7 8 9 10 11 1 2 13 14 15 16 17 18 19 20 21 22 23 24 25 structured settlements was permissible without court approval. Q. This was a telephone call? A. Right. Actually, let me correct that. As I recall, I told A.J. Discala from Clockwork Capital Advisors. MS. STILLMAN: I object. BY THE WITNESS: A. A.J. got Scott Rothstein on the phone. BY MS. APRILL: Q. Were you all on the phone together? A. Yes. MS. STILLMAN: You can talk about once Scott Rothstein joining the phone call but not before that. THE WITNESS: Fair enough. BY MS. APRILL: Q. By the way, about Clockwork, you say they were a client of this firm at that time? A. Yes. The timing is a bit of a mystery to me because Nina has instructed me not to look at my files. MS. STILLMAN: I can tell you that they were a client. BY THE WITNESS: Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077457 34 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 A. So the timing is a bit of a problem for purposes of this, but Clockwork eventually becomes a client, yes. BY MS. APRILL: Q. As far as you're concerned, during these communications we've been discussing, Clockwork was either a client or seeking legal advice and about to be a client? A. Yes. Q. You were saying -- A. So the three of us and maybe one other in my office were on the phone and called Scott to say hey, our research has indicated that -- MS. STILLMAN: Okay. This is what you said in the call? THE WITNESS: Exactly. BY THE WITNESS: A. So our research has indicated that at least we have an issue with regard to selling structured settlements outside of court approval and I wanted to know on what basis he could do so. BY MS. APRILL: Q. What did he say? A. He said oh, we're not settling tort cases. There is some reason, I can't remember Madison Deposition Services•70 M Madison 14th FL•Chicago IL 60602•P:312-379-C702 EFTA01077458 35 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 what it is, he's like there was a reason. He may have tried to call somebody else to get them on the phone. He said I'll get back to you, and then he did via an e-mail. Q. He sent you an e-mail explaining why these cases did not require court approval? A. That's right. Q• Is that one of the documents you produced to me? A. I believe so. MS. STILLMAN: Yes. BY MS. APRILL: Q. Then what happened as far as communications with Scott? A. As far as I can recall, I had no further attempts to contact Scott nor do I recall him speaking to me directly, with him directly. Q. Ever? A. Ever. Q. Do you know Dean Kretschmar? A. Yes. Q. Where did you meet him? A. Well, he became -- he borrowed money essentially from an entity controlled by Thane Ritchie. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077459 36 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 2n 21 22 23 24 25 Q. Do you know what that entity was? A. Mercata Justa, LLC, M-e-r-c-a-t-a J-u-s-t-a, LLC, lent money to an entity controlled by Dean Kretschmar. He guaranteed the loan. Q. Do you know why he borrowed the money? MS. STILLMAN: Objection. You're asking him to BY MS. APRILL: Q. Did you ever talk to Dean Kretschmar personally? A. Yes, but not about the loan. When Scott Rothstein was arrested, then I met Dean Kretschmar. I've had several conversations with Kretschmar. Q. Your recall of meeting Dean occurs after Scott Rothstein was arrested? Q. What I was wanting to ask you about Mercata Justa doesn't really go to privilege. Was the money, if you know, or the entity he was borrowing it for to be invested in a Rothstein matter? A. I don't know why it was borrowed, but eventually I know it was, in fact, invested in something called D3. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077460 37 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Is that the D3 Capital Club, LLC? Yes, that is my impression. Q. Did you ever hear of the D3 Capital Club, LLC prior to Scott Rothstein's arrest? A. Yes. MS. STILLMAN: Okay. If you learned about it in a privileged conversation -- MS. APRILL: I'm not asking that. MS. STILLMAN: She has the right. Did you and when. BY THE WITNESS: A. Yes, the answer is yes. BY MS. APRILL: Q. Club? Do you know who formed the D3 Capital MS. STILLMAN: If you know outside of a privileged -- BY THE WITNESS: A. I do not. BY MS. APRILL: Q. You never represented D3? A. That's correct. Q. When I say you, I mean you or anyone in your firm. A. That's correct, to the best of my Madison Deposition Services•70 W Madison 14th FL'Chicago IL 60602.P:312-379-0702 EFTA01077461 38 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 knowledge about the firm, that's right, yes. Q. Is it your testimony that you never met Dean Rretschmar at any time while in Scott Rothstein's suite of offices? A. That's what I recall, yes. I do not recall meeting Dean Kretschmar with Scott Rothstein. Q. Did you ever meet Dean's stepfather, Mr. Von Allman? A. No. Q. Did you ever know David Von Allmen? Did you ever hear that name? A. David Von Allmen? Q. Doug Von Allmen, excuse me. There are several Von Allmen. A. Yes. I have heard that name, yes. Q. After you talked to Scott Rothstein on the telephone and he answered you by e-mail, did you ever speak to him at all even in a brief phone call? A. Not that I recall. Q. So I'm understanding -- well, your testimony is you were only in his office on one occasion? A. That's right, very clearly, only in his Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077462 39 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 office on one occasion. Q. Were you ever in the Judge Advocate Corps? A. I was, in fact. Q. In which branch of the military? A. In the army. Q• Sometimes called the JAG, right? A. It is indeed. Q. Did you ever mention while in Scott Rothstein's office that you had been involved in the prosecution of cases of abuse or something like that when you were in the JAG? MS. STILLMAN: In front of Mr. Rothstein? BY THE WITNESS: A. Not that I recall. BY MS. APRILL: Q. Do you remember ever telling him that you had been in the JAG Corps? A. Not that I recall. Q. Did you, in fact, ever investigate or prosecute cases concerning sexual abuse or -- A. Yes. Q. Something like this A. I did. Q. You did? Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•F:312-379-0702 EFTA01077463 40 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 A. Yes, I did. Q. Did they have any similarity to the kind of allegations that you read in the files at Rothstein's office? A. Generally, no. They were young children. My impression of the LM case is that she was not as young. She would have been a teenager. Q. So your own experience as an attorney in the military was prosecuting perpetrators of crimes against very young children? A. No. I had, of course, many trials as a prosecutor in the army, but my child sexual cases were, to the best of my recollection, only young, little children. Q. Like under ten? A. Yes, like under ten, exactly. Q. But that experience was in the military, right? A. Yes. Q. Do you remember ever discussing it with any -- if not with Scott Rothstein -- with anybody with whom you don't claim a privilege while you were in Florida? A. While in Florida, not that I recall. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602.F:312-319-0702 EFTA01077464 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. Now, do you recall if the day that you visited Rothstein's office, A.J. Discala -- you have to decide if this is privileged or not? MS. STILLMAN: I'm waiting to hear. BY MS. APRILL: Q. -- told you that he had attended a Dolphins-Jets game the night before? MS. STILLMAN: Even if he was a client, it's not a privileged statement, so you can answer. BY THE WITNESS: A. I don't recall that at all. A.J. Discala never told me he attended a Dolphins-Jets game. BY MS. APRILL: Q. Did Scott Rothstein mention that he had provided complimentary passes or tickets for individuals who might be interested in investing with him for that, for a game like that the day before you were there? A. No, never told me. Q. You said that Scott Rothstein you went to his office and he told you about the nature of the investments in the structured settlements. Can you tell me what he said the terms Madison Deposition Services.70 W Madison 14th FL'Chicago IL 60602.P:312-379-0702 EFTA01077465 42 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 of the deal would be? A. Of the various deals, they were typically involved -- his prototypical case involved sexual harassment complaints between employer and employee, and employee would threaten or actually sue employer who then became concerned about confidentiality and ultimately would settle the case on the premise that in large part he was buying -- sorry -- the employer, was buying confidentiality. So Scott Rothstein was working, was creating value for his plaintiffs by reference to the confidentiality of the ultimate settlement. Q. What was the structured part of it? A. Well, once the plaintiff and defendant settled, the plaintiff -- I'm sorry -- the defendant would post money into a bank account which would be released to the plaintiff over a period of time or upon date in the future. The settlements were structured in a way so that they were assignable. In some cases, then, the plaintiff was interested in being paid immediately or soon. So what would happen is that Rothstein would arrange for people to purchase the cash in the bank, so tc Madison Deposition Services•70 M Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077466 43 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 speak, in advance, generate proceeds which he would then turn over to his plaintiff and she or he, as the case may be, would be out. Q. So the plaintiff would be paid in full at a much earlier date than they would be if there were no third parties investing? Yes, exactly right. Q. Did you understand if the money was being paid in by a defendant at one time, the front end of the settlement, why they just didn't pay it all to the plaintiff? A. Again, it was based on -- I asked Sco Rothstein exactly that question. His answer was it was based upon the confidentiality component that the defendants were very concerned that the plaintiff would breach the confidentiality component and, as such, intended to leave the confidentiality or better yet the payment of the larger settlement as a hammer, if you will, over the head of the plaintiff. So to the extent that typically the cases you might imagine that he was talking about involved a male employer who might actually be the boss of the company and his -- somebody in the office who became disgruntled upon the end of a Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077467 44 1 2 3 4 5 6 7 8 9 10 11 112 13 14 15 16 17 18 19 20 21 22 23 24 25 prior affair. So the idea was that the scorned woman, if you will, which is exactly how Scott would describe it, would be -- Q. Bought off? A. -- bought off quickly. Q. Sorry. I didn't mean to answer for you. A. Understood. Q. I'm missing something here. If these settlements could be assigned -- the right to collect the money could be assigned, then the individual, for example, LM -- A. The plaintiff, yes. Q. -- the plaintiff would be getting all of the money at an earlier date -- should be getting a lower amount of money but at an earlier date. A. Yes. Q. So instead of getting a million dollars, perhaps the plaintiff would get half a million dollars? A. Precisely. Q. At which time she would have no incentive to keep quiet, right? A. Yes. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077468 45 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Didn't that defeat the whole purpose of having the settlement? MS. STILLMAN: I'm going to object. BY THE WITNESS: A. I asked Rothstein exactly this line of questions. MS. STILLMAN: He cannot opine on whether this was a good deal, bad. MS. APRILL: I'm asking what Scott told you about it. BY THE WITNESS: A. Because I asked Scott Rothstein a very similar line of questioning. And his answer was that the plaintiffs -- sorry -- defense counsel inevitably didn't really know that this transaction was occurring. BY MS. APRILL: Q. I see. A. And, as such, they were not keen to draft their settlement agreements in a way so that they were not assignable. Q. Did you have any experience, prior to talking with Scott Rothstein, in structured settlements? No. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077469 46 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. A. You are not a litigator, sir, are you? I am not. Q. How do you describe your practice? A. I am a tax lawyer. Q. In any particular subspecialty or are you just a tax lawyer? A. I practice what I call global private client work. We provide an integrated, multi-jurisdictional, multi-practice group of services for very wealthy clients, usually families. Q. Sounds good. So this investment that you talked to Scott Rothstein about, was this typical of the kinds of investments that your clients -- MS. STILLMAN: Objection to typical. BY MS. APRILL: Q. -- in your experience? Had you ever heard of an investment product like this before? A. I've heard of, I suppose, structured settlements, but I'd never been involved in any, no. Q• Now, did Scott Rothstein tell you anything about this defendant, Jeffrey Epstein, Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-373-0702 EFTA01077470 47 1 2 3 4 5 6 7 8 9 :0 11 12 14 15 16 18 19 20 21 22 23 24 25 and the woman who was named on the file you looked at? A. I believe he told me that he was a billionaire living in south Florida. Q. At that time, did he show you any dossier or any information about Mr. Epstein? A. No, he did not. Q. Did he ever show you a document that he represented to be a flight log from an airplane? A. Yes, he did. Q. Was that one of the documents in the boxes that you produced? A. I don't think so, no. Q. Can you tell me what you recall about seeing this flight log? A. It was by this point presumably copied. It was not a good -- I don't know what flight logs look like, but it was not a very well -- it was an original document for certain, and in fact, if memory serves, it was copied poorly so it was tilted. On it were names of people and -- yes, names of people. Q. Did he say why he was showing it to you? A. Well, he was claiming that this flight Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602.P:312-379-0702 EFTA01077471 48 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 manifest was, in fact, a flight manifest for a plane in which Epstein -- Epstein's plane I believe is what he said -- and young girls and high-profile celebrities. Q. Did you recognize any a names on the manifest? A. I believe that one of them was Prince Andrew. Q. Do you remember if Bill Clinton was on the list? A. I don't know if Bill Clinton was on that list. It was either Bill Clinton was either on that list or Prince Andrew was on that list, and the other lists which he refers he had other ones with somebody else, you know, the other party on it. Q. What did you understand to be the purpose of him showing that to you? A. He was saying that here's a flight list with Jeffrey Epstein, a high-profile celebrity, and young girls. Q. Do you believe this was part of his pitch to you as to why confidentiality was important to the defendants? A. Yes, yes. Madison Deposition Services•70 W Madison 14:h FL•Chicago IL 60602•P:312-379-0702 EFTA01077472 49 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. Did he tell you Jeffrey Epstein had agreed to enter into any settlement with LM, for example? A. Not that I recall at this time. Q. Did he tell you who in his firm negotiated the settlement, settlement that he described? A. Well, they were -- he left the distinct impression that there was essentially a machine of sorts involving various partners or whatever in the firm that was organized in a fashion so that either lawyers within the firm or co-counsel from outside the firm fed these structured -- fed cases to the firm so that they could be packaged, if you will, for settlement purposes. Q. Did he ever mention the names of any of those individuals? At the firm? Q. Yes. A. No, not that I recall. Q. Did you notice when you were looking at the files that he made available for your review the names of any of the attorneys who had signed the pleadings or papers? Madison Deposition Services•70 W Madison. 14th FL•C:cago IL 60602•P:312-379-0702 EFTA01077473 50 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. Do you remember who any of them were? A. I remember somebody by the name of Brad Edwards. Q. Did you ever meet Brad Edwards? A. I had not, that I recall. Q. Did you ask Mr. Rothstein about him, anything about him? A. About Brad Edwards? Q. Yes. A. No, not that I recall. Q. Did you learn anything about Brad Edwards other than his name was on the papers? A. Not that I recall. Q. Did you determine whether he was a skilled attorney? Successful is maybe a better word. A. No. Q. So when you talked about this machine a moment ago A. Yes. Q. -- within that, do you know whether you were told by Scott Rothstein who actually in his firm would be the one to negotiate the settlement terms? A. Maybe he said that the lawyers -- I Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077474 51 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 presume -- MS. STILLMAN: Well, if you remember. BY THE WITNESS: A. I don't recall what he said. BY MS. APRILL: Q. Did he talk about Brad Edwards as being good at these kinds of cases? A. Not that I recall. Q. Did he talk about any other lawyers by name in his firm who he relied upon to assist him with this packaging of settlements? A. Not that I recall. Q. Did he mention the next named partner, Stuart Rosenfeld, in any capacity? A. Not that I recall. Q. Russell Adler? A. Again, not that I recall. Q. Do you know if you met anyone else from the firm, even when you were in the waiting area? You mentioned you were waiting to see Scott for a time. A. Yes, I mean, obviously, I didn't meet -- greeted by the receptionist. Then there is somebody outside Scott's office that we said hello to and that was it. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077475 52 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. Did Scott tell you about the investigative team he had assembled to investigate defendants such as Jeffrey Epstein? A. Yes. I don't know -- he may not have mentioned it in the context of Epstein or he discussed an investigative team or at least an investigator. Q. Did he tell you the name of the person or persons? A. I suspect he did at the time because I remember it was a former police chief or sheriff or something like that. Q. Does the name Ken Jenny sound -- A. No, I wouldn't recall. Q. You said former sheriff, so I thought I'd try that. A. It was a former reasonably high profile somebody in the area. Q. Did you ever come to learn that Mr. Rothstein liked to collect other reasonably high profile lawyers or retired judges at the firm? A. Yes, of course, because his walls were plastered with John McCain and regaled us with his stories of John McCain and Charlie Crist, Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077476 53 1 2 3 4 5 6 8 9 :0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 et cetera, et cetera, et cetera. It's all part of the Rothstein mystique, I'm sure you're aware of. Q. Not as much as you might think. That's partly what I'm asking you about. I've never been in that office. So he did spend some time boasting? A. Oh, sure he did. Most of it. Q. Getting back to the investigators for a moment, the investigators -- so he mentioned that this one that was a former police chief or sheriff? A. Right. In fact, as I recall, it was -- they were about to start or hadn't started or just started. They were new. Q. Did he talk about the kind of -- any techniques that his investigators used that he thought were special? A. He described it as trash diving or trash collecting or Dumpster diving -- I'm not sure exactly what the term of art is -- but the idea of going through people's trash. That's what made his investigative skills unique. Q. He hasn't been to the back of my house. So he described that as part of his operation? Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•p:312-379-0702 EFTA01077477 54 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 A. Yes, exactly, which is where I believe the flight manifest was supposedly produced. In fact, I believe it was really in that context, oh, we have crack investigators, we look through people's trash, here's a flight manifest, look what we have. Q. Did you get the impression that Scott Rothstein himself did any work on these files, legal work? A. Legal work, I don't know about legal work, but certainly he would represent them as his clients. I believe he had relationships. I would consider them to be classically attorney-client relationships notwithstanding the fact that he may not have gone to court concerning them but may have had relationships with plaintiffs, yes. Q. Did you ask him if you would be able to interview any plaintiffs? No. Q. Did he offer to make any plaintiffs available to talk about their case? Q. Did he say that his investigators used Madison Deposition Services.70 W Madison 14th FL.chicago IL 60602.P:312-379-0702 EFTA01077478 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ^ r J any electronic surveillance or bugs? A. Not that 1'n aware of. Not that I recall. Q. He didn't say one way or the other? A. Not that I recall. Q. Did he show you any pictures that appeared to be taken by unknown surveillance? A. No, he did not show us pictures. Q. How long have you been with this firm? A. Since July of 2009. Q. Prior to that, were you with a firm? A. Yes. Q. What firm was that? A. Sonnenschein, Nath & Rosenthal. Q. A. Q. Here in Chicago? Yes. Was Ritchie, the entity and the person, a client of yours when you came to the firm? A. Yes. Q. Did you prepare any documentation for your clients such as a private placement memorandum to be used in connection with any Rothstein investment? A. I did not, no. Q. Did you review any such document Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077479 56 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 prepared by anyone else such as Rothstein? MS. STILLMAN: Wait a minute. He can say whether he reviewed a document prepared by a nonclient but not whether any of the clients might have sent him any drafts. MS. APRILL: I don't think I asked him anything about the clients in that one. MS. STILLMAN: You said such as Rothstein, so I just wanted to make sure BY THE WITNESS: A. Rothstein never sent me a private placement memorandum to review, no. BY MS. APRILL: Q. Did any attorneys working for any other nonclient send you any private placement memorandum in connection with any investments being pitched by Scott Rothstein? Q. Did you ever use the letters PPM in an e-mail? A. Q. What does that stand for? A. Private placement memorandum. Q• Let me show that to you in a moment. MS. STILLMAN: I'm going to want a very brief Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077480 57 2 3 4 6 7 8 9 10 11 12 13 14 16 17 18 19 21 22 23 24 25 break when you come to a stopping point. MS. APRILL: Let me go just through a couple of these. MS. STILLMAN: Sure. BY MS. APRILL: Q. Without invading any area you consider privileged, with respect to the Scott Rothstein matters, what legal services did you provide? Can you characterize, I mean, was it going to meet with him or was there some other thing you did? MS. STILLMAN: I'm not sure BY THE WITNESS: A. Let's do it this way: We represented, for example, Mercata Justa in a loan to Dean Kretschmar or an affiliate of Dean Kretschmar in connection which, in turn, became a source of cash by which he put in D3, as I understand it, and D3 purchased supposedly something from Rothstein, for example. BY MS. APRILL: Q. Was there anything else like that? A. Well, we were asked to -- MS. STILLMAN: No, no. All you can say is you provided legal advice to our clients in connection with the variety of deals. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077481 58 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. APR1LL: Q. Did you prepare any documents after meeting with Scott Rothstein -- well, at any time before or after, but in connection with the Rothstein investment that were sent to nonclients such as a letter of intent or a term sheet? A. I don't recall. No, I don't recall. Q. You say you don't recall. You did review some of your files before coming here today? A. Yes, of course. Q. You didn't see anything like that? A. Maybe if you ask the question again. You asked me do I recall now. MS. STILLMAN: The only documents he reviewed in preparation for this deposition were the documents that were produced to you on the subpoena. He did not review any other documents in preparation for this deposition. BY MS. APRILL: Q. Well, I thought I understood you to say earlier that those were culled out of a file, the ones that have been produced to me? A. I just pulled the file. Q. You didn't do the culling? Madison Deposition Services•70 W Madison 14th FL•Chicago 11. 60602•P:312-379-0702 EFTA01077482 59 2 3 4 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Correct. Q. There may or may not be a letter or a term sheet in there but you don't know? MS. STILLMAN: Objection to the form of the question. BY MS. APRILL: Q. Is that right? A. That's right, there may or may not be. Q. Did you deal with any other attorneys in connection with your legal representation of Ritchie from another office besides Scott Rothstein's firm? MS. STILLMAN: I'm going to object to the extent that he dealt with clients' attorneys. BY MS. APRILL: Q. Well, let me ask you this: I'm not sure what that objection is. Clients attorneys BY THE WITNESS: A. Not in-house counsel. BY MS. APRIL:: Q. Okay. Not in-house counsel. I assume you know Bill Hobbs, for example? A. Yes. Q. And he is in-house counsel? A. Exactly. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602.P:312-379-0702 EFTA01077483 60 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. I don't know that that's a privileged question but I don't need to pursue that because I have some other ones. Did anybody else at this firm, Morgan Lewis, provide services to any of your firm clients in connection with the Scott Rothstein investment or effort to sell an investment? MS. STILLMAN: You're asking if other lawyers in this firm worked on these deals? MS. APRILL: Yes, that's what I'm asking. BY THE WITNESS: A. Yes. BY MS. APRILL: Q. Is one of them Elizabeth Perdue? A. Yes. Q. What kind of an attorney is she? Does she work with you? A. She does. She's in what is called the business finance practice. She's really a finance lawyer. Q. She's still with the firm? A. Yes. Q. Do you know if she provided services to Ritchie, Thane Ritchie and his company? A. Yes. Madison. Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077484 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Q. Do you know if she provided services to Clockwork, for example? A. I believe she provided, yes, I believe she provided services to Clockwork, as well. Q. Are there any other attorneys who you can recall working on matters that in any way relate to Scott Rothstein? MS. STILLMAN: I'm going to object -- well, let me think about that. To the extent that there were attorneys working internally on privileged matters, I'm not sure you're entitled to know who they were. MS. APRILL: What privilege is that? MS. STILLMAN: Depending on the nature oi :he attorneys working on it and their practice areas might disclose the fact of what we were looking at, what we were focusing on from a legal issues perspective. MS. APRILL: Work product, is that the privilege you're relying on? MS. STILLMAN: Both work product and attorney-client privilege. BY MS. APRILL: Q. Do you recall if there were any other -- this is not a name, it's a yes or no -- Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077485 62 2 4 5 6 7 8 9 -fl _L) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 any other attorneys who provided any services to anybody with respect to anything that you discussed with Scott Rothstein? A. Yes. Q. Do you know if any of them were disclosed to persons outside of your firm; for example, to a lawyer for another investor? A. You mean their names? Q. Yes. MS. STILLMAN: Well, to the extent that there were attorneys who were disclosed to nonclients, those are listed, if at all, on the documents that were provided to you in response to the subpoena. BY MS. APRILL: Q. Do you know the name Marsha Foreman? A. I do not. Q. Did you recall seeing any files at the Rothstein office that concerned a defendant named Elite Delivery Systems? A. Not that I recall, no. Q. Do you recall seeing any engagement letters between the Rothstein firm and any of these plaintiffs that were the subject of the settlements discussed with him or the cases that could turn into settlements? Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077486 63 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 A. When? Q. At any time after you spoke to Scott Rothstein that day or otherwise. A. Yes. Q. Did you see them in his office at a subsequent date? A. Subsequent date. Q. Can you tell me how you came to see any additional documents? A. They were either e-mailed to me or mailed to me. I believe they were e-mailed. I don't recall exactly how I got them. Q. From Scott -- A. Yes. The word was engagement letter? Q. Yes. A. I'm sorry, I should say I don't recall. MS. STILLMAN: Can we just take a brief break? MS. APRILL: Yes, sure. (WHEREUPON, a recess was had.) MS. APRILL: We're back. BY MS. APRILL: Q. Mr. Legamaro, do you remember talking to me about October of last year? A. I remember talking to you. I don't Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077487 64 1 2 3 4 5 6 7 B 9 10 i1 12 13 14 15 16 17 18 19 20 21 22 23 94 25 remember when it was, yes. Q. We had a brief conversation? A. Yes. Q. Thank you for talking to me. At that time, my notes reflect that you said to me that you were interested in the quality of the cases that the Rothstein firm was -- I keep using the word pitching because I'm not sure of the offering to include in this settlement investment. Do you remember talking to me about that? A. I'm not sure. I don't recall that, no. Q. We didn't talk very long. I wanted to pursue what you meant. What were you looking for in those files? A. I would not be interested in the quality. Q. You were not interested in the quality? Maybe I misunderstood you. A. Q. What is it in particular you were looking for? MS. STILLMAN: Are you asking for his work product, analysis? MS. APRILL: He has already told me what he Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077488 65 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was looking for. MS. STILLMAN: You obviously didn't get it right, so I'm not going to let him testify to that. He disagrees with what you recollect as what he was looking for. BY MS. APRILL: Q• You were just looking to confirm they were actual cases? A. Yes. Q. I may have misunderstood you. When you were describing the Scott Rothstein's office MS. STILLMAN: When, in this deposition or in this phone call? MS. APRILL: In this deposition today. I don't think we went through his office and the call. It was a really short call. BY MS. APRILL: Q. Just an hour or so ago when you were describing what was in his office that you were permitted to examine, you mentioned there were some boxes maybe stacked only two high in the corner of the room. I thought I heard you say that there were only about four boxes. Is that correct, or were there more? A. Four, five. There weren't very many. Madison Deposition Services•70 W Madison 14th FL•Chicag0 IL 60602•P:312-379-0702 EFTA01077489 66 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. It wasn't like 15 or 19? A. No, it was definitely not 15 or 19. Q. Was Mr. Ritchie present in Scott Rothstein's office -- if you are able to answer this -- on behalf of Ritchie Capital or for himself? MS. STILLMAN: I'm going to object. He can't speak for Thane Ritchie. BY MS. APRILL: Q. The principals of Clockwork that you mentioned earlier were Mr. Ritchie and Mr. Rretschmar, is that correct? A. No. Q. I'm sorry. Mr. Discala? A. Mr. Discala is a principal of Clockwork, yes. Q. Do you know who any other principals were? A. Yes. MS. STILLMAN: At which time? MR. FREVOLA: And how does he know? MS. STILLMAN: He can tell you who he -- let me think this through. MS. APRILL: Let me start with a yes or no question. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077490 67 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 MS. STILLMAN: Okay. BY MS. APRILL: Q. Do you know who all the principals of Clockwork were? A. All, no. MS. APRILL: And you were about to say? MS. STILLMAN: I was going to ask you what time frame, too. MS. APRILL: In October of 2009. MS. STILLMAN: In October of 2009, okay. Your answer is still no? BY THE WITNESS: A. What is a principal is the first question. So the answer is no, I don't know all. BY MS. APRILL: Q. Did you see any sworn statements or depositions in the files that you examined at Mr. Rothstein's office? A. I don't know that I did. Q. Does that mean that you didn't? A. I mean to say I recall seeing only pleadings. There may have been other things in the file, but I don't recall reading them. Q. When you say you don't recall reading them -- Madison Deposition Sorvices•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077491 68 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I'm certain I didn't read them. It doesn't mean they weren't there. Q. I understand you didn't read the whole file. In the time frame, you surely didn't. But I am interested in determining what was made available for your examination. So you don't believe there was any deposition transcripts or you do believe they were there? A. I don't know. Q. Do you know if there were any -- were these documents in folders or some you said were bound, punched on the top? A. The only file I saw was similar to what you have there, which is basically -- maybe it was an eight-and-a-half by eleven, two-hole punch with things, pleadings in it, for example. Q. Was it tabs the way I've got these numbered tabs between pleadings? A. I don't recall. Q. Were there any witness interviews, any folders with witness' names on them? A. Not that I saw. Q. Again, I'm not asking you if you read them, I'm just saying do you recall if they were Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602.P:312-379-0702 EFTA01077492 69 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 there? A. No. Q. Did you see any files that contained case law, research? A. No. Q. Did you see any handwritten notes, anything handwritten? A. Other than the manifest? Q. Other than the manifest. A. Other than the manifest, no, which was not, by the way, in the file. Q. Mr. Rothstein produced that to you separately? A. Yes. Q. Was that after you looked at the file? A. I believe so, yes. Q. Did he show you any newspaper articles or internet news articles? A. No. Q. Did he show you -- you said he showed you no photos at all, right? A. No photos at all other than Charlie Crist, John McCain on the wall. Q. Didn't have Jeffrey Epstein on the wall? Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077493 70 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 A. No, I don't think, not that I would know what he looked like. MS. STILLMAN: I was going to say do you even know what he looks like. BY MS. APRILL: Q. Did Mr. Rothstein describe the return he anticipated from this structured settlement investment that he discussed with you and your client? You mean internal return? Q. Yes. A. Yes, he discussed it because MS. STILLMAN: Just did he discuss it. BY MS. APRILL: Q. What did he say about it? A. Well, I asked him, for example, how he could be -- that whether he had contingent fee cases, for example, and the impact of that question on the structured settlement. So I inquired about his relationship, if you will, to the plaintiff and to the split that related to the investor, and particularly whether he, you know, reduced his fee accordingly. Q. How did he answer that? A. He said that he, I recall, he said he Madison Deposition Secvices•70 W Madison 14th FLiChicago IL 60602•P:312-379-0702 EFTA01077494 71 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 did not reduce his fee accordingly or that it was between he and his plaintiff. He got the plaintiffs to agree that he would be paid whatever he was paid up-front. Q. Did he give you some -- any numbers whatsoever about any -- was there any particular settlement that he said that was being offered and how much money he was looking to raise? A. Perspectively? Q. Yes. A. No. We did not discuss current Scott Rothstein and I never discussed current prospective deal in terms of what he would get or otherwise. He discussed in the past what other cases he had been involved with, yes. Q. Did he discuss any deal where an investment of $18 million would yield $30 million in a short A. Not that I recall from Scott, no. Q. Subsequent to your meeting with Scott Rothstein, were you made aware of any specific settlement that he invited your clients to invest in or that A.J. Discala -- whether he said A.J. Discala -- MS. STILLMAN: If you learned it from Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077495 72 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 Rothstein, not if you learned it in a privileged communication from your client. BY THE WITNESS: A. I did not learn of such things from Scott Rothstein. BY MS. APRILL: Q. Did you learn it from any nonclient of yours, any specific settlements? A. No. Q. So I'm clear, as we sit here today, you're not aware -- well, did you ever become aware of any specific settlement, again with a dollar amount disclosed, that was offered to your clients as an investment? MS. STILLMAN: Objection, if he learned about it from his clients or in a privileged communication. You didn't qualify it. MS. APRILL: All right. BY MS. APRILL: Q. It's qualified now, I guess, by your lawyer. I guess she's telling you not to answer otherwise. MS. STILLMAN: in other words, if you only learned about it -- BY THE WITNESS: Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077496 73 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 A. From a client? MS. STILLMAN: Right. BY THE WITNESS: A. No. The answer is no. I think the question -- MS. STILLMAN: The answer is no, as qualified. BY MS. APRILL: Q. So you never did any business with Scott Rothstein in 2009, right? A. No, nor did we represent clients that did. Q. The D3 Capital Club that was discussed a bit earlier A. Yes. Q. -- do you know what the name derives from, if D3 represents three people? MS. STILLMAN: If you know from a nonprivileged communication. BY THE WITNESS: A. I don't know. BY MS. APRILL: Q• Did you ever meet Doug Von Allmen? A. I've never met Doug Von Allmen. Q. Did you ever meet anyone named Von Madison Deposition Services•70 a Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077497 74 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 Allmon? A. I've never met anyone, that I recall. Q. Let me just ask you about some of these people who may have been involved. John Antilic (sic), do you know him? A. I do not. Q. Chris Pedaris (sic)? A. Yes. Q. How do you know Chris Pedaris? A. Chris Pedaris a principal of Clockwork Capital and I had occasion to meet him after Scott Rothstein was arrested. BY MS. APRILL: Q. Do you know when Scott was arrested, approximately? A. I want to say November, first week in November 2009. Q. Do you know how you learned he was arrested? MS. STILLMAN: If you learned separate and apart from privileged conversation. BY THE WITNESS: A. I think I saw Scott Rothstein was arrested maybe on the internet or the press or something. Madison Deposition Services•70 W Madison 14th Pi.Chicago IL 60602•P:312-379-0702 EFTA01077498 75 1 2 3 4 5 6 7 8 9 1C :1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. APRILL: Q. Did you ever meet a person named Michael Szafranski? A. 1 did. Q. Who is Michael Szafranski? A. He worked for a company by the name of Onyx, and we met at Bova when we were drinking. He was there. Q. When you say a company, do you know if Onyx is a hedge fund? A. I have no idea what Onyx is. Q. You met him, this is the day -- later in the day after you met with Scott? A. Exactly. Q. Did Scott introduce you? A. No. I think Thane may have introduced or A.J. Q. Did you know what role he had, if any, with respect to the Rothstein settlement, structured settlement investments? MS. STILLMAN: If you know that outside of privileged conversation with Thane or A.J. BY THE WITNESS: A. No, I don't know outside of a privileged conversation. US Madison Deposition Services•70 M Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077499 76 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 BY MS. APRILL: Q. Did he speak to you other than to say hello and where he worked? A. Chitchat, not connected to what -- not connected to structured settlements or Scott Rothstein, per se. Q. Did he ever -- so he did not tell you that he was -- A. What he was doing. Q. -- was doing on the settlements? A. Correct. Q. Did Scott Rothstein tell you there was any independent verifiers of the investments? A. Yes, I believe he did. Q. Can you tell me what he said with respect to that subject? A. He would hire somebody to verify that the money was in the bank. The basic premise was that the transaction would be funded by defendant into an escrow account, if you will, at the banks, somebody would go on behalf of the, quote, "investor," whoever that might be, and confirm that the money was, in fact, in the bank accounts. Q. This somebody was hired by Scott Rothstein, is that what he said? Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•F:312-379-0702 EFTA01077500 77 2 3 4 5 6 1 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. No, I don't believe so, that somebody was hired by the investor, or at least that's what I recall. Q. Was that description provided to you during your face-to-face meeting with Scott? A. I believe so, yes, yes, inexplicably, yes. Q. Scott never mentioned that Szafranski was any verifier, did he? A. Not that I recall, no. Q. Did Scott Rothstein ever mention the name of an individual named Michael Fisten to you? A. Not that I recall. Q. Do you know Barry Bekkedam? A. I do not. Q. What about the name Ballamor Capital, was that name brought to your attention? A. I've heard that name, yes. Q. Do you know what Ballamor Capital is? MS. STILLMAN: As long as you know separate and apart from what you've been told in privileged communication. BY THE WITNESS: A. Ballamor Capital and maybe even Barry Bekkedam I met I believe when Scott Rothstein was Madison Deposition Secvices•70 M Madison 14th PL•Chicago IL 60602•P:312-379-0702 EFTA01077501 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 :9 20 21 22 23 24 25 returning from Morocco in early November. Q. After things happened? A. Exactly. Q. After Scott was -- before he was arrested but after it was known that his firm was suffering from some problems? A. Yes, exactly. Q. How did you refer to that, what happened to his firm? A. Well, in terms of what the firm the firm imploded, is that what you mean? Q. it. Yes, for a shorthand way to describe You say you learned of Ballamor Capital after that? A. Or Barry. Maybe I met Barry even once briefly. He's Ballamor Capital. The name rings a bell. Q• Do you know where you were? A. At the time, yes. Q. Where? A. I was in Ft. Lauderdale. Q. Were you in Ft. Lauderdale on business related to the Rothstein matters? A. Yes. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077502 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. Can you tell me what that business was? MS. STILLMAN: Objection. If there was no nonlawyer there, he can't testify to that -- excuse me, if there was no nonclient there. MS. APRILL: Barry was not a client, right? MS. STILLMAN: Was he at the meeting? THE WITNESS: He came and went. I mean, I met Barry -- MS. STILLMAN: Why don't we determine who was at the meeting. THE WITNESS: I met several people and it's probably not privileged. Let me take this one. MS. STILLMAN: You're not the one to make the decision. THE WITNESS: Let me tell you who I met - MS. STILLMAN: Say who you met first. BY THE WITNESS: A. I met George Levin. I met Barry Bekkedam, probably. He is a tall guy, I think. I met Jack Samat -- Jack Somoni, something. I met my partner, Ivan Harris, my litigation partner. Chris Pedaris was there. A.J. Discala was there. Dean Kretschmar was there and another guy whose name escapes me. MS. STILLMAN: So those are the ground rules. Madison Deposition Services•70 W Madison 14th FL.Chicago IL 60602•F:312-379-0702 EFTA01077503 80 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 You can talk about any meeting at which George, Barry, Jack, and Dean, to the extent that he was there personally and not in his capacity in any relationship to Clockwork. MR. FREVOLA: My concern is early on from what I know there were times when there were people trying to figure out what was happening where they were seeking joint legal advice even though they might not have ultimately wound up becoming clients. THE WITNESS: True. BY MS. APRILL: Q. So let me ask this question: The meeting with these people, was there an attorney there who was talking to them about their legal rights? A. Yes. Q. And they were seeking counsel? A. Yes, exactly. MS. STILLMAN: Then I would take the position all of those meetings. BY MS. APRILL: Q. Did that occur shortly after Scott returned from Morocco, is that the timing? A. In fact, he was landing. It was the Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077504 81 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 day he landed was the day of that meeting. Q. Do you know where the meeting occurred? A. It was in George Levin's office building but not in his office. There was an adjacent room, empty adjacent room across the way. To say it was a meeting was probably an overstatement. Q. A gathering? A. A gathering, exactly. Q. Did you meet Frank Preve? A. Yes. He was also Q. At that group? A. -- at that group. Q. Is he part of Banyon Capital Investment? A. I'm not sure. Q. Is that what George Levin's business was? A. I think that's right, yes. Q. Did you meet Preve at any other time before that? A. I may have met him at Scott Rothstein's office briefly. Q. Is that on the day that you described? A. Right. In other words, while this is Madison Deposition Services•70 ➢i Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077505 82 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 postdisaster, the earlier October meeting he may have been there. I think he was, in fact. I think I was introduced to him. Q. So when you say he may have been there, do you mean he may have just -- you might have met him briefly -- A. Shook his hand sitting in the waiting room, correct. Q. So did he ever describe to you anything, Preve, I mean, about the investment that Scott described? MS. STILLMAN: In this meeting? MS. APRILL: No. MS. STILLMAN: Separate and apart from this gathering. BY MS. APRILL: Q. When you met him the day at Scott's office before the implosion? A. Before the implosion, not that I recall, no. Q. Adam Fisher, was he there? A. That's the other guy who I couldn't remember. Q• Did you know Adam Fisher before that? A. I believe I had spoken to him on the Madison Deposition Services•70 W Madison 14th FL.Chicago IL 60602.P:312-379-0702 EFTA01077506 83 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 phone. Q. Going back to Scott's meeting since obviously that is a focus, when you were there with Mr. Ritchie and A.J. Discala -- MS. STILLMAN: I'm going to object to the extent that A.J. left the meeting, if you recall. He was not there for the whole meeting. BY MS. APRILL: Q. Well, you said you were only in one meeting in Scott's office one time? A. Yes. Q. So when I say the meeting with Scott, that's it. A. Although keep in mind -- let's go back to the earlier testimony. We were all there. Scott and A.J. left maybe separately, I don't remember, and then Scott came back. Whether A.J. came back, I don't recall. Q. At the meeting with Mr. Rothstein in October? A. It was one day, call it an hour in length, but broken up through a stretch of time. MS. STILLMAN: She's just trying to get the time frame. He testified late September, early October. Madison Deposition Setvices•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077507 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 BY MS. APRILL: Q. All right. Did Scott tell you that he had 18 other girls lined up to bring actions against Jeffrey Epstein? Not that I recall. Q. Did he tell you he had any number of young women lined up to bring actions? A. Against Jeffrey Epstein personally? Q. Yee. A. He had lots of cases lined up, cases against lots of people. The numbers against Jeffrey Epstein, I don't recall. Q. Did he mention some of the other defendants or soon to be defendants? A. I remember the name -- he mentioned the name of a particular company. I don't recall the name of it now. It was somebody in the supplying juice or some such things to the government. There was a pharmaceutical case that he named. The exact -- it was a big pharmaceutical manufacturer. I can speculate as to who it was MS. STILLMAN: Don't speculate. BY THE WITNESS: A. I don't recall. And a host of other related cases, you know, not related but unrelated Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077508 85 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 '70 21 22 23 24 25 cases that Scott Rothstein was absolutely -- MS. STILLMAN: Just what he said. BY MS. APRILL: Q. Did he tell you or do you remember him saying that there were two sisters who were victims of Mr. Epstein that were his clients or that one of them was a client of his? A. Not that I recall. Q. Did Scott Rothstein talk in terms of investment returns using the tranche, is that the word? MS. STILLMAN: T-r-a-n-c-h-e. BY THE WITNESS: A. I do not remember him using that term, no. BY MS. APRILL: Q. Did you see any police reports in the boxes of documents? A. Not that I recall. Q. I know I asked you what he told you about his investigators, but did you see anything in the boxes, even if you didn't read them, that appear to be investigators' reports? A. No, I did not. Not that I recall. Again, I looked at pleadings. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077509 86 2 3 4 5 6 7 B 9 10 1 12 13 14 :5 16 17 18 19 2C 21 22 23 24 25 Q. Did you make any copies of anything? A. No. Q. Did Mr. Rothstein tell you that he shouldn't be showing you these files? A. Not that I recall, no. Q. Did he tell you that they were confidential and ask you to keep them in confidence? A. No. Q. Did he ask you to sign any kind of a nondisclosure agreement? A. No. Q. Did you ever agree to keep what you learned in that room confidential? A. Among my clients and I, but other than that, no. Q• Did you meet an attorney at the firm named David Boden? A. Not that I recall. Q. Did you meet a woman, not an attorney at the Rothstein firm called Debra Villegas? A. Not that I recall. Q. Did you ever have any communication from Debra Villegas? A. Not that I recall, no. Madison Deposition services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077510 87 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. Did you ever speak to any members of the press about Jeffrey Epstein or that there were cases against him? A. Q. If I understood before, and I'm really not interested in the dispute there might be between Mr. Ritchie and Mr. Kretschmar and Mercata Justa, but Mercata Justa, did they invest any money with Scott Rothstein? MS. STILLMAN: I'm going to object. First of all, which Mercata Justa are you talking about? BY MS. APRILL: Q. Is there more than one? A. There are. There's two. Q. I've heard you mention Mercata Justa. I have reason to believe that Mercata Justa invested some $5 million on October 23rd, 2009. I'm wondering if you're aware of that? MS. STILLMAN: To the extent that you know anything about an investment through a privileged communication, then I'm not going to let you answer. If you have independent knowledge of any investment by a Mercata Justa of $5 million, then you can answer. • Madison Deposition Services•70 W Madison 14th FL•Chicapo IL 60602.P:312-379-C70'z EFTA01077511 38 1 2 3 4 5 6 7 8 9 13 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY THE WITNESS: A. Nonprivileged communication would be in the form of what? MS. STILLMAN: Let's go outside. (WHEREUPON, a recess was had.) MS. STILLMAN: Can we hear the question back again? MS. APRILL: Can you read it back? (WHEREUPON, the record was read by the reporter as requested.) BY THE WITNESS: A. Mercata Justa Partners invested $5 million or so, I think, into D3. BY MS. APRILL: Q. Do you know if that money was placed in the control of Scott Rothstein? s. Q. And was that money lost to Scott Rothstein? A. I'm sorry, it was placed in the bank, TO Bank. Q. Was it ever returned to the Mercata Justa partners? A. Not that I know of. Q• Do you know if there is any lawsuit to Madison Deposition Scrvices•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077512 89 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 seek to recover it? A. I don't know. Q. Did you ever speak to an attorney at again, maybe just in passing in the anteroom of Scott Rothstein's office -- named Cara Holmes? A. Not that I recall. Q. Did you have any contact with any attorneys from the firm of Clifford, Chance -- A. No. Q. -- again regarding Rothstein business? A. No. Q. Have you ever heard of Chris Roman? A. Not that I recall. Q. Jeff Berman? A. Not that I recall. Q. Is Matthew Sperry a Morgan, Lewis lawyer who worked with you? A. Yes. Q. Did he provide any services in connection with the Rothstein matter? Did he do any work, do you know? MS. STILLMAN: I'm not going -- I am going to assert the privilege. Again, what team Michael did or did not put together for -- MS. APRILL: I'm trying to avoid taking Madison. Deposition. Services•70 W Madison 14th FL.Chicago IL 60602•P:312-379-0702 EFTA01077513 90 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 Matthew Sperry's deposition. BY MS. APRILL: Q. Bob Mazeo, is that someone that you know? A. I've spoken to Bob, yes. I've never met him face to face. Q. He is not a client of yours, is he? A. I would consider Bob to be in-house counsel to Q. Is Mimeo, Sawyer, Bradham a law firm, do you know? A. I don't know. Q. He is an attorney? A. My impression, he is the attorney and was in-house lawyer in the case at the time for Clockwork Capital Advisors. He represented that. Q• Elizabeth Freedland, do you know who she is? A. I do. Q. Can you tell me who she is? A. She's a young woman who at the time of the Rothstein-related matters was A.J. Discala's assistant. Q. Do you know if she continues to work for him? Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077514 91 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I believe she does not. Q. Did you have any communications with any bankers at TD Bank when you were -- at the period of time you were communicating with Scott Rothstein? A. No. Q. Did you ever well, have you ever seen something called a pitch book that was prepared in connection with the structured settlements? MS. STILLMAN: Was it prepared by Scott Rothstein? MS. APRILL: I don't know. That's why I'm asking. MS. STILLMAN: To the extent -- BY THE WITNESS: A. Not outside of a privileged communication. BY MS. APRILL: Q. Did you ever see any written materials generated by Scott Rothstein describing the investment he discussed with you? A. No. Q. Did you ever see a lock letter from TD Bank? Madison Deposition Sorvices'70 W Madison :4th FL.Chicago IL 60602'P:312-379-0702 EFTA01077515 92 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 A. Yes. Q. Do you know if it was authentic? A. I don't know. Q. Do you know who showed it to you? A. A client. Q. Have you ever met a Rothstein attorney, formerly of the Rothstein firm, Ros Nurek? A. I have not. Q. I am going to ask you about the documents that actually your attorney was good enough to produce to me prior to today. There is a set here, when you stepped out for a minute I put them in date order because that's how my set is and it makes it a little easier for me. MS. STILLMAN: The trouble is some of those things that are going to show up early may have been attachments to later documents. That's why you were given them -- MS. APRILL: We'll be literally on the same page. The e-mails are mostly the only ones. Well, that's how they are, so that's how I choose to use them to question him. MS. STILLMAN: Okay. THE WITNESS: As you wish. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602.P:312-379-0702 EFTA01077516 93 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 BY MS. APRILL: Q. If you tell me they occurred at some other time, so be it. Rather than have you mark these separately, maybe we should make it a composite because it is not that large. MS. STILLMAN: It's your record. MS. APRILL: I'm going to show him documents and some of them we may not attach at all. I will ask her to mark those that I've deemed appropriate. MS. STILLMAN: Let the record reflect that some of these documents that have now been reordered were, in fact, attachments to e-mails that come date order much later. I'm particularly looking at the first document in the pile. They're going to be confusing to the witness but so be it. MS. APRILL: I will try not to do that, actually. I looked at things that said they were an attachment and kept them together. BY MS. APRILL: Q. In front of you I put a document that has RRA letterhead. Q Can you just describe it by date? Madison Deposition Services•70 W Madison 14th FL.Chicago IL 60602•P:312-379-9102 EFTA01077517 94 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 A. It's dated October 14th. The first two, case number RRAG 425, and it is purported to be signed by Scott Rothstein. Q. Do you know what RRAG 425 refers to? A. No. Q. Was that term ever used by Scott Rothstein to describe a case? A. Not to me. Q. Do you recall seeing this before? A. This letter? Q. Yes. A. Yes. Q. Do you know how it came to be sent to you? A. I believe it was sent via e-mail. Q. Do you know why it was sent? A. It was part of the package of things that well, actually, I'm not sure I know where it came from, whether Scott sent it or my client sent it. MR. QUINLAN: Could I interrupt with a comment and a question, please? MS. APRILL: Yes. MR. QUINLAN: The comment is just that I still don't have a copy of the documents and I Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077518 95 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 guess the thing of greatest interest to me, and I will just pose it as a question to you, Susan, is Brad Edwards mentioned in any of these documents? MS. APRILL: Not to my knowledge. I don't know. MS. STILLMAN: I don't remember the name Brad Edwards appearing in these documents. MS. APRILL: I do not recall coming across that. MR. QUINLAN: Okay. Obviously -- maybe that is the not so obvious -- but that is the matter of the greatest concern to me in the moment is whether his name is in the documents. We're still working on getting a copy. MS. APRILL: Since we are putting all this on the record, I should tell you no one requested them of us until late yesterday. It's certainly not an intentional effort to keep you from seeing them. MS. STILLMAN: I don't recall the name Brad Edwards appearing MR. QUINLAN: intending to make MS. APRILL: in any of this stuff. Okay. Susan, I was not any accusations. I understand. When you read the record later, it is cold paper and no one knows Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602.P:312-379-0702 EFTA01077519 96 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 why anything came up, so that's fine. BY MS. APRILL: Q. The next document that should be in front of you is -- what is it titled? A. "Rosenstein, Rosenfeld, Adler Authority to Represent Contract of Employment." Q. If you will look at the next two documents after that? A. Do you want me to list the name again? Q. Yes. A. This is titled, "Confidential Settlement Agreement and General Release." Q. Can you go to the next one? A. The next one is called, "Acknowledgment of Assignment Purchase of Settlement Proceeds." Q. Do you know if these were all sent to you together? A. I believe so, yes. Q. Do you know -- A. By that I mean to say that I don't know who gave them to me. Q. Do you know why they were sent to you? MS. STILLMAN: Objection, given his testimony that he doesn't know who gave them to him, I'm concerned that if it came from a client, that's Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077520 97 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 going to involve attorney-client privilege. MS. APRILL: I have to say that I don't quite understand. These were produced to me out of what I assume is a much larger file than the 18 documents that were given to me. Every one was a PDF. If a PDF came, it was sent with its e-mail. If these came with the e-mails, as you seem to think they were, there are no e-mails from your client as far as I know or if they are, I'm not sure if that isn't waiver of the privilege because you gave them to me. MS. STILLMAN: To the extent there was a communication from the client where the client copied Rothstein or any other nonclient, then that: is a waiver and I'm not asserting the privilege. Look, for example, if you can look at documents that we produced where clearly clients are involved but also Rothstein is involved or somebody else is copied, I cannot, as an officer of the court assert the privilege. MS. APRILL: I did not take any apart from anything as far as the way they were sent to me. They were sent in separate PDFs. MS. STILLMAN: I haven't denied him. If he wants to say these were sent by a client and they Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077521 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 were sent in one of these communications, then that's fair game but why the client sent it to . may not be. MS. APRILL: Let me go a different direction. BY MS. APRILL: Q. Go to the next document. Is that October 21st, 2009? A. 11:O2 a.m. MS. STILLMAN: Which is the next one. Let me find it. I have it in the order we produced. MS. APRILL: I'm going do ask you to mark -- actually I've got a copy, too, so why don't you mark this one as No. 2. (WHEREUPON, said document was marked Legamaro Deposition Exhibit No. 2, for identification, as of 3/11/11.) BY MS. APRILL: Q. What is this? A. This purports to be an e-mail from A.J. Discala at Clockwork to a cast of characters including myself regarding PPM draft. Q. What is the PPM draft, if you know, that is referred to? A. It is a draft of private placement Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077522 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 memorandum. Q. Do you recall receiving this? A. This e-mail? Q. Yes. A. No. Q. Do you know if this e-mail was produced from your own e-mail directory at the firm? A. The one we're looking at now, this version? Q. Yes. A. Yes, it was. Q. Do you see in the first sentence where it says, "Guys, just an update. We will have a draft ppm from Morgan Lewis by this Friday"? Did you or any of the other attorneys at Morgan Lewis, to your knowledge, prepare a draft private placement memorandum that is referred to here? A. Well, this is prospective comment, so we will have a draft. Q. Right. A. Whether subsequently a draft is ultimately produced? Q. Right. A. I don't recall. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077523 100 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. If a draft was produced, would there be any reason you would not have turned it over with respect to this deposition? MS. STILLMAN: Objection, calls for speculation. If there was a nonprivileged document produced that was responsive to your subpoena, we would have turned it over. BY MS. APRILL: Q. Were you the person who would have did you ever prepare a draft private placement memorandum in connection with a Rothstein investment? MS. STILLMAN: Wait a minute. BY MS. APRILL: Q. That was shown to anybody outside of your client group? Not that I'm aware of. Q. Do you know if you received any from an attorney from Rothstein or from some other firm that you made comments on? MS. STILLMAN: And that was not a co-counsel or joint counsel in a privileged context. BY THE WITNESS: A. I think the answer to that is no, I did not. Madison Deposition Services'70 M Madison 14th FL.Chicago IL 60602•P:312-379-0702 EFTA01077524 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 BY MS. APRILL: Q. It says here, "I want to thank Michael and his team and Bob for working so diligently." Do you see where it says that? A. Yes. Q. Do you know who Bob is in that reference? A. I believe it is Mazeo. Q. Do you know what is the meaning of the term at the end of that communication where it says, "I think the team has done a great job with holding it all together." Do you know what "holding it altogether" is referring to? A. I do not. Q. The next document should be is it October 22nd at 9:01 a.m.? A. Yes, it is. Q. Now, on the second page of this document, it says something is redacted. Did you do the redacting of the document? A. I did not. Q. Was it redacted because it contains a privileged communication? Madison Deposition Scrvsces•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077525 102 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 MS. STILLMAN: Yes. All redactions were due to privilege. I think I put that -- I may be wrong, I thought I put that in my transmittal to you. MS. APRILL: Perhaps you did, but since it doesn't have the header on it, I don't know if it is an attachment or if it is another e-mail. BY MS. APRILL: Q. Do you know? A. I do not know. MS. STILLMAN: They would have been an e-mail. It would have been on a separate page if it was an attachment BY MS. APRILL: Q. Do you know Jay Menton? A. : do. Q. Is he an attorney? A. He is not. Q. But he is employed at Ritchie Capital Management? That is your client, right? A. Yes. Q. Do you know who is A. No. Q. Do you know if A.J. Discala had more than one e-mail at that time? Madison Deposition Services•70 14 Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077526 103 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 A. I know he has more than one e-mail. I am not familiar with this as an A.J. Discala e-mail address. Q. I'm trying to clarify something. Is there anyone that received this e-mail that we're looking at that is not -- was not a client of yours? A. Yes. Q. Who? A. Dean Kretschmar. Q. I thought there was some reference earlier that Dean Kretschmar when he wears his hat as a principal of Clockwork -- A. This is not as a principal of Clockwork. Q. In that case, when Dean Kretschmar let's mark this one. (WHEREUPON, said document was marked Legamaro Deposition Exhibit No. 3, for identification, as of 3/11/11.) BY MS. APRILL: Q. Referring now to Exhibit 3 that you described initially, in this document, there is a reference to right in the middle of the page -- Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077527 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. STILLMAN: Page 1? MS. APRILL: Yes, the first page. BY MS. APRILL: Q. -- from Jay Menton to Dean. I guess it is the second e-mail of the three on the string. Q. Where he writes: "Still awaiting the following per attorney requests detail on the $8 million that he is supposed to be getting refunded by Razorback." Do you know who he is that is supposed to be getting refunded by Razorback? Do you know who that refers to? MR. FREVOLA: How would he know? MS. STILLMAN: It doesn't make a difference. He may know. We have to find out. BY THE WITNESS: A. I don't know. BY MS. APRILL: Q. Do you know why this was produced to us, this response to our subpoena? A. No. MS. STILLMAN: Why it was produced is -- wait a minute. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077528 105 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 MS. APRILL: Well, let me ask it a different way. BY MS. APRILL: Q. I am going to show you the subpoena again and ask you if you know which of these requests this responds to. There are different categories. I think they all contain reference to Jeffrey Epstein. MS. STILLMAN: Let's go outside. (WHEREUPON, a recess was had.) MS. STILLMAN: Back on the record. Let me say we have reviewed this document and it is not technically within the specific parameters of your subpoena. MS. APRILL: Okay. Then I don't have to inquire any more about it because I thought it had something to do with an Epstein settlement. MS. STILLMAN: No, it has nothing to do with Epstein. MS. APRILL: Let's move ahead, then. BY MS. APRILL: Q. The next one is October 22nd, 2009 at 2:49. Is that what you're showing? A. It is. Q. Now, this one does have attached to it Madison Deposition Services•70 W Madison 14th FL•CPicago IL 60602•P:312-379-0702 EFTA01077529 106 2 3 4 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a second page. Do you have that, too? A. Yes. Q. Titled, "Acknowledgment"? A. I do. Q. Can you just describe this, for the record, the date? Well, I guess the date, you confirmed it, so you don't have to describe it again. Do you know where it says, "Scott's cell," what that refers to? A. No. Q. Do you know if there is something redacted prior to that in the sentence? MS. STILLMAN: If anything was redacted, it would be stamped redacted. MS. APRILL: All right. BY MS. APRILL: Q. Do you see where it says, "Please," with upper case letters "call Scott and verify the wire"? A. Yes. Q. Do you know if that was referring to Scott Rothstein? A. The Scott in this question? Q. Yes. Madison Deposition Services'70 M Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077530 1C7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. Q. Do you know the purpose of the acknowledgment that was attached to this e-mail there in front of you? MS. STILLMAN: If you know outside of the privilege. BY THE WITNESS: A. No, I don't know outside of the privileged communication. BY MS. APRILL: Q. Do you know if it was prepared by the Rothstein firm? A. I don't know. MS. APRILL: Why don't you make that Exhibit 4. BY MS. APRILL: Q. (WHEREUPON, said document was marked Legamaro Deposition Exhibit No. 4, for identification, as of 3/11/11.) The next document that was produced, at least in date order, starts off -- what is the date of yours? A. October 22nd, 3:30 p.m. is what I have next. Madison Deposition Services•70 w Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077531 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. I probably stuck it to something else. Who is if you know? A. Lou Z. Hill. Q. Is he a client of your firm? Q. This particular document, let's mark this as the next number. (WHEREUPON, said document was marked Legamaro Deposition Exhibit No. 5, for identification, as of 3/11/11.) BY MS. APRILL: Q• You said Lou was a lawyer. What relationship, if any, does it have to your client group, Palm Capital Advisors? A. To my client group? Well, he represented a counter party on the opposite side. Q. Do you know who? A. Dean Kretschmar. Q. Do you know where this lawyer is based? Q. Do you know if he prepared any private placement memorandum? MS. STILLMAN: If you know outside -- BY THE WITNESS: Madison. Deposition Services•70 M Madison 14th FL•Chicago IL 60602•P:312-379-C702 EFTA01077532 1.09 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 A. Not that I'm aware of. BY MS. APRILL: Q. Now, there are several redactions. If you know, were those just e-mails as opposed to attachments? I don't know. Q. The next document -- there is one, let's see, do you have this one? The date I'm looking for on here the one where the top e-mail is October 22nd at -- well, it is 1447, so it would be 2:47 p.m. You must have it because I got it from you. MS. STILLMAN: I think it was attached, actually, to something. MS. APRILL: Some of these are strings and they have repeats as well. BY MS. APRILL: Q. You can look at that one MS. STILLMAN: Here it is. It is actually attached to Exhibit 2 that I have. MS. APRILL: What I would like to do is I would like to, if it is supposed to be together with Exhibit 2, alter it, amend it. MS. STILLMAN: They're both pages one, so they could have been stapled. Madison Deposition servicos•70 W Madison 14th FL•Chicago iL 60602'S:312-379-0702 EFTA01077533 110 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 MS. APRILL: Let's make it 6. "It is really a contents thing. It's not a verification of what e-mail came first. (WHEREUPON, said document was marked Legamaro Deposition Exhibit No. 6, for identification, as of 3/11/11.) BY MS. APRILL: Q. You have Exhibit 6? Q. My question for you is: Do you recall seeing this e-mail before that has been marked as Exhibit 6, actually two e-mails? Q. Do you recall receiving a communication from Scott Rothstein on or about October 22nd where he uses this reference that his clients are threatening to fire him and "love you, Scott" at the bottom? I do not recall. Q. Did Scott Rothstein communicate with you by telephone at all during the days of October 21st, 22nd, and 23rd? He did not. Q. The next document that I wanted to show Madison Deposition Services.70 W Madison 14th FL.Chrcago IL 00602.P:312-379-0702 EFTA01077534 111 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 you has a box on the bottom or what looks like a box. If you could, for the record, say the date of this one? A. October 23rd, 2009 at 1:05 p.m. Q. Do you recall receiving this e-mail from Scott Rothstein? It is Scott Rothstein to Legamaro what I am reading? A. Yes. Q. You do? A. I do. Q. Earlier you mentioned you had a communication with Mr. Rothstein about whether court approval was needed for the settlements, I believe? A. Generally, yes. Q. Do you remember if this was his response to you or any part of it? A. It was, in fact, his response. Q. Do you know whether -- it has a with nothing next to it. Did you understand that to be just careless typing? A. Yes. Q. Do you see where it says, "More info to follow"? 11411 Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077535 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 i6 17 18 19 20 21 22 23 24 25 him? A. Yes. Q. Do you know if you got more info from A. Yes. Q. Do you know if that has been produced in this group of documents? A. I think so, yes. MS. STILLMAN: Are you marking this? MS. APRILL: Yes. (WHEREUPON, said document was marked Legamaro Deposition Exhibit No. 7, for identification, as of 3/11/11.) BY MS. APRILL: Q. is October 23rd at 1:27? A. Yes. Q. The next document that I'm looking at Have you ever seen that before? A. Yes. MS. STILLMAN: Counsel, just remember, I said that this stuff was broken up. MS. APRILL: Right. MS. STILLMAN: These were the attachments? MS. APRILL: You mean the big documents, yes. MS. STILLMAN: These were the attachments. Madison Deposition Servlces•70 W Madison 14th FL.Chicago IL 60602.P;312-3/9-0702 EFTA01077536 113 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 MS. APRILL: That's why I have them over to the side and I haven't marked them because I was hoping there would be epiphany among one of us. Thank you for that. BY MS. APRILL: Q. So the documents, the acknowledgment of assignment, let's look at the documents that you have. There was a letter that I showed you at the very beginning of this. MS. STILLMAN: Are you making the e-mail at 1:27 Exhibit 8? MS. APRILL: Yes, but I want to attach everything to it. I didn't mark the others for that reason. MS. STILLMAN: Okay. MS. APRILL: Let's make that Exhibit 8. MS. STILLMAN: The e-mail? MS. APRILL: The e-mail is Exhibit 8, but I would like to make everything that came with it Exhibit 8. MS. STILLMAN: Yes. MS. APRILL: Which includes a cover letter that you described previously in your testimony from Scott Rothstein dated October 1st, 2009, and an authority to represent contract of employment Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602.D:312-319-0702 EFTA01077537 114 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with the Rothstein, Rosenfeld, Adler firm and a confidential settlement agreement and general release and an acknowledgment -- THE WITNESS: Yes, acknowledgment. MS. APRILL: Assignment purchase of settlement proceeds. Thank you for that, explaining that. That all goes together. That will be composite Exhibit 8. (WHEREUPON, said document was marked Legamaro Deposition Exhibit No. 8, for identification, as of 3/11/11.) BY MS. APRILL: Q. Do you recall examining the documents that have been marked as Exhibit 8, composite exhibit? Q. Upon receipt of them or soon after? A. fes. Q. Do you know if they originated if you look at the top e-mail, the bottom of the chain on Page 2 is Debra Villegas to Scott Rothstein. Do you see that? A. I do. Madison Deposition Services•70 W Madison 14th FL•Chicapo IL 60602•P:312-379-0702 EFTA01077538 115 1 2 3 4 5 6 7 8 9 10 1 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. The next e-mail after that in time is Scott Rothstein to Preve and Szafranski, do you see that? A. Yes. Q. And then Preve to A.J. and then A.J. to you and Ms. Perdue? A. Yes. Q. Do you understand that these documents were originated with the Rothstein firm? A. Yes, I would presume so, yes. Q. And do you know if this concerned did Scott tell you that they coded their documents with these G dash letters? A. No. Q. When you got it, did you have any question about what G 425 was? A. No, not really. Q. So he didn't describe to you any sort of security measures to protect the identity of the plaintiffs? A. No. Q. If you look at the attachment, that confidential settlement agreement, I asked you earlier I think if you knew who Marsha Foreman and the Elite Delivery Systems were? Madison Deposition Setvices•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077539 116 1 2 3 4 5 6 7 8 9 10 11 12 :3 14 15 16 17 18 19 20 21 22 23 24 25 A. Right. Q. Do you know if this if you go to the next page after the one you're looking at where it says "consideration," there is a paragraph there. A. Yes. Q. It says, "$30 million." Is that the amount of money that was being raised by Rothstein to fund this settlement? A. No. Q. Do you see further down the page still under consideration where it says in bold print that "there will be six equal monthly installments in the amount of $5 million commencing on November 14, 2009"? A. Yes. Q. Is it your understanding that these documents were sent to substantiate the transaction wherein this plaintiff was to receive that settlement? MS. STILLMAN: You're asking what Scott Rothstein's intention was? BY MS. APRILL: Q. What did you understand they were being sent to you for? A. They were being sent to Madison Deposition Services•70 M Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077540 117 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 MS. STILLMAN: Do you know why Scott Rothstein sent, not what your client told you. BY THE WITNESS: A. Why Scott Rothstein sent them? Scott Rothstein did not send them, as you can tell. BY MS. APRILL: Q. They went through a chain but people in his firm? A. Do I know why Scott Rothstein -- right -- but it started on Debra Villegas on the 16th of October. Q. Right. A. Maybe I did or didn't meet Scott Rothstein by this point. I don't recall exactly when I met him. So why did he sent them? I don't know why he sent them. Q. Were they of use to you in whatever work you were doing? A. Yes, they were necessary for what MS. STILLMAN: Wait a minute. This was not sent to you directly by Scott Rothstein. THE WITNESS: He was copied. MS. STILLMAN: He was copied? THE WITNESS: Yes. MS. STILLMAN: But by a client? Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602.P:312-379-0702 EFTA01077541 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 THE WITNESS: Yes. MS. STILLMAN: But why you used them is privileged. THE WITNESS: I suppose. BY MS. APRILL: Q. You recall getting them and you used them in some fashion but you can't testify about why. Well, let me ask a different question. I understand. Was it in connection to whatever services you were providing with respect to an investment by one or more of your clients in a Rothstein product? MS. STILLMAN: I will let him testify if he saw those in connection with a Rothstein transaction. But the why -- which I think is what you're asking. MS. APRILL: Yes, it is. MS. STILLMAN: So you can answer that question which is did you receive these in connection with a Rothstein transaction involving your clients. BY THE WITNESS: A. Remotely, yes, third level removed they involved my clients. Madison Deposition Secvices•70 II Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077542 119 2 3 4 5 6 8 9 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. APRILL: Q. Did you request these documents? MS. STILLMAN: From who, Rothstein? MS. APRILL: From Rothstein's firm even if it was conveyed through others. BY THE WITNESS: A. No. BY MS. APRILL: Q. So when your client -- well, in this capacity, , you're treating as your client? A. In this capacity? Well, he was my client, but he was probably sending it who knows why. A.J. sent them, but it was BY MS. APRILL: Q. He sent it you to and another lawyer at this firm and he says, "Let me know if you need anything else"? A. Yes. Q. Which leads me to believe that you needed these? A. Yes. Q. So you did need these documents? A. Somebody did, yes. N.S. STILLMAN: Somebody did. Madison Deposition Services•70 M Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077543 120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2.2 23 24 25 BY MS. APRILL: Q. Again, do you know why these were turned over to us, because they don't appear to have anything to do with Jeffrey Epstein, from my reading? I'm not wanting to belabor that but that matters to me. Did that have something to do with Jeffrey Epstein's -- MS. STILLMAN: I will tell you, we took to be on the safe side because these relationships can be very attenuated. If they involve the deals with Rothstein, we produced the documents. Whether this specific document -- we can't always be sure whether it related to Epstein or not. MS. APRILL: All right. MS. STILLMAN: So that's why we erred on the side of including it. MS. APRILL: That's fine. BY MS. APRILL: Q. I'm just trying to determine if you thought this had something to do -- in particular to do with Defendant Jeffrey Epstein? A. Not that I know of. Q. That's why I was asking that. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602.P:312-379-0702 EFTA01077544 121 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 Did you receive other documents similar in nature for other settlements that look like the ones we have attached to Exhibit 8 that are part of Exhibit 8? A. Not that I recall. Q. This is the one that says we're convinced? A. Yes. MS. APRILL: So I would like this one marked as Exhibit 9. (WHEREUPON, said document was marked Legamaro Deposition Exhibit No. 9, for identification, as of 3/11/11.) BY MS. APRILL: Q. Sir, have you ever -- can you describe Exhibit 9 so the record is clear? A. It is an e-mail from me to A.J., Betsy copying Scott Rothstein and Thane Ritchie, dated October 23rd, 2009 at 1:52 p.m. Q. It begins with, "Okay we're convinced." The text in here, was that typed by you? A. Yes. Q. Do you know what you meant when you said "we're convinced"? Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077545 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Do I recall exactly? No. Q. Generally? A. No. Q. About 25 minutes before that, the e-mail transmitting the several documents, that is Exhibit 8, was sent to you and one of your colleagues here at the firm. Do you know whether the "we're convinced" comment relates to these? A. I don't know. Q. Do you recall what you needed to be convinced about? A. No. Q. This reference here, "May be cleaner in the future but good enough for now," do you know if that related to any drafting of documents? A. I'm betting it did. Q. Is Betsy Elizabeth Perdue? A. She is. Q. And Lou, I think you described before, he was Palm Capital? A. Yes. Q. Have you had any business dealings with Lou outside of Scott Rothstein transactions? A. Not at this time, no. MS. STILLMAN: Counsel, just for the record, Madison Deposition Services•70 W Madison lath FL•Chicago IL 60602•P:312-379-0702 EFTA01077546 123 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 you have about 25 minutes left, I think. MS. APRILL: I'm on top of that. MS. STILLMAN: Okay. BY MS. APRILL: Q. The last sentence, "We figure we have until 4 --" central standard time, is that what that stands for? A. Yes. Q. "-- to get a wire out the door here"? A. Yes. Q. Do you know what that refers to? A. Yes. Q. Can you tell me? A. It's the last time that Thane Ritchie or an entity controlled by Thane could wire money. Q. Was this the $5 million that was referred to earlier on October 23rd? A. I don't recall exactly how far, but yes, there was an amount Thane Ritchie was to lend to Dean Kretschmar. Q. So this has to do with the Ritchie loan to Kretschmar to invest in D3 or D3 and the Rothstein investment? A. Yes. MS. APRILL: Now, that was Exhibit 9 and that Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077547 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 was two pages, right? MS. STILLMAN: Yes. MS. APRILL: Just to make sense out of this, let me ask you to mark the next document. MS. STILLMAN: There were two at 1:53. MS. APRILL: I see they are both responding to it seems to the same thing. Let's take the one that is not from Rothstein, MS. STILLMAN: So that is 10? MS. APRILL: 10. (WHEREUPON, said document was marked Legamaro Deposition Exhibit No. 10, for identification, as of 3/11/11.) BY MS. APRILL: Q. Sir, do you recognize what has been marked as Exhibit 10? A. Do I recall receiving it? Q. Yes. A. No, I don't, but I recognize what it is, yes. Q. This is October 23rd, 2009, 1:53 p.m. Is that A.J. Discala? Q. To you and Ms. Perdue and copying Madison Deposition Services•70 W Mad:son 14th PL•Chicago IL 60602•P:312-379-0702 EFTA01077548 125 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 Rothstein and others? A. Yes. Q. Where it says, it reads, "We are good with it" is the next word "wire" as in wire transfer? A. I believe so. Q. "Lou had one small comment." Do you know Lou, being the lawyer at Palm Capital? A. Yes, representing Dean. Not Pa]m Capital but Dean. Q. So Lou -- the fact that Lou has his e-mail at Palm Capital, you don't understand that to mean that he is an in-house lawyer there? A. No. I believe that's his personal e-mail address. Q. So you feel in this transaction -- A. He was representing Dean, yes, as a lawyer. Q. Where it says, "Lou had one small comment," is it your understanding there are some documents being shifted up and back for comment? A. Yes. Q. And I've already asked you about the other. So the next, the second page to that which Madison. Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077549 126 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 I think repeats -- MS. STILLMAN: That's right. BY MS. APRILL: Q. The next one is October 23rd, 1:53 from Scott Rothstein. MS. APRILL: Do you want to mark that? (WHEREUPON, said document was marked Legamaro Deposition Exhibit No. 11, for identification, as of 3/11/11.) BY MS. APRILL: Q. Again I am asking you about -- well, do you recognize this e-mail? A. Yes. Q. This one is the same day and time but it is from Scott Rothstein to you? A. Yes. Q. Mr. Discala and Ms. Perdue. Do you recall receiving this? A. No, not really, no. Q. Do you recall Scott communicating with you about some concern that this funding had to occur or his client would not participate? A. Other than this e-mail, no. Q. Did you call him about this or respond Madison Deposition Services•70 W Madison 14th FL.Chicago IL 60602.p:312-379-0702 EFTA01077550 127 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 to this at all? A. No, not that I'm aware of, no. Q. Now, a minute later we have another e-mail. I am going to skip it because I think it is encompassed in the very next one. MS. STILLMAN: It is the 1:56 is next? MS. APRILL: Actually, I'm not marking that, either. The next one I am going to mark because there is a lot redacted. This last one I want to mark is October 23rd, at 3:27 p.m. (WHEREUPON, said document was marked Legamaro Deposition Exhibit No. 12, for identification, as of 3/11/11.) BY MS. APRILL: Q. Sir, can you say do you recall receiving this? BY THE WITNESS: A. Do I recall, no. BY MS. APRILL: Q. Do you know where it says, "Delivery Is Needed" on the subject line what that meant? A. No. Q. After that, the content this is from Madison Deposition Services•70 w Madison 14th FL•Chicago IL 60602•P;312-379-0702 EFTA01077551 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 :6 18 19 2C 21 22 23 24 25 Mr. Discala, right? A. The cover e-mail to me and others, yes. Q. It says, "Thank you all. Next up PPM," with four exclamation points. Do you know what is being referred to there with PPM? A. A private placement memorandum. Q. Not for the transaction that was just funded, right? A. Correct. Q. For another transaction? A. A series of them, yes. Q. Do you know whether the attachments that are -- well, excuse me, the redactions represent just other e-mails? A. I don't know. MS. STILLMAN: They were e-mails. BY MS. APRILL: Q. Let me understand for sure. You didn't actually do the redacting? A. That's right. Q. Your counsel did and you can't say even if you wanted to what is under there because you didn't look? A. That's right. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077552 129 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 MS. APRILL: What I would like to do is take just about a minute. MS. STILLMAN: Sure. (WHEREUPON, a recess was had.) BY MS. APRILL: Q. Did you ever communicate in any way with a lawyer named Larry Rovin? A. Not that I recall. Q. If I tell you he is associated with Ballamor Capital that you talked about earlier, does that refresh your memory? A. It does, and I have not. Q. Meaning A. I don't know who he is. I've never spoken to a lawyer from Ballamor Capital that I'm aware of. Q. Every now or then I come up with another name of someone who may have said hi. Patrick Roberts, an investigator by that name? A. Not that I know of. Q. He was not mentioned to you that you recall? A. Not that i recall. Q. Did Scott Rothstein or anybody on his team, his firm, or those he worked with, ever Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077553 :30 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 :9 20 21 22 23 24 25 represent to you that there was fraud insurance or any kind of insurance in place on the investments he was -- A. Not that I'm aware of. Q. Did you understand from anyone that isn't a client of yours that there was insurance? A. I knew generally that insurance is available for this sort of thing, yes. Q. Did you ever see anything that looked like an insurance policy or a binder? MS. STILLMAN: That wasn't shown to you by a client or in a privileged capacity. BY THE WITNESS: A. Not in a nonprivileged capacity. BY MS. APRILL: Q. Did you ever speak to anyone who was to be the broker or the agent who placed the insurance on the investment? A. Not that I recall. MS. STILLMAN: Let her finish the question, for the court reporter. BY MS. APRILL: Q. When you mentioned that you saw the name Brad Edwards on the documents that you examined in Scott Rothstein's office, do you Madison. Deposition Services•70 W Madison 14th FL•Chicago IL 60602mP:312-379-0702 EFTA01077554 131 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 recall that or was your memory refreshed by looking at the caption of the subpoena in this case or something else? A. No. I recall that he signed it on behalf of the plaintiff. That's what I recall. Q. Did that prompt you to ask questions about him with Rothstein or anybody? A. Not that I recall. It was one of those strange things. Q. Well, it's not strange. MS. STILLMAN: Lawyers are fungible. BY MS. APRILL: Q. Did you notice who was representing the defendant in the case you looked at, the -- A. I don't recall if I did or I didn't. Q. After that day, do you know if you looked in some other context, perhaps a copy in your office or somewhere else, at any other documents from that file? MS. STILLMAN: You're asking if he looked at any documents in Scott Rothstein's files? BY THE WITNESS: A. No, I did not. BY MS. APRILL: Q. In other words, when you mentioned that Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077555 132 1 2 3 L 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 somebody had looked at the court file, either on-line or otherwise, did they copy something for you and show it to you? A. No, no. MS. APRILL: I don't think I have any other questions. I am kind of wrapping up. I don't know if counsel has any. MS. STILLMAN: Defense counsel, do you have any questions? MR. QUINLAN: Yes, I have a couple. MS. STILLMAN: Do you need a break before he goes into it? MS. APRILL: Could we take just a minute. (WHEREUPON, a recess was had.) MS. STILLMAN: Just for the record, you represent Bradley Edwards only? MR. QUINLAN: Correct. EXAMINATION BY MR. QUINLAN: Q. Mr. Legamaro, my name is Patrick Quinlan. I only have a couple questions for you. The first, you relate to a discussion I had with counsel earlier. I don't know if any of you have seen the Chinese restaurant on Sienfeld, but I have the strong suspicion a minute after we Madison Deposition Services•70 a Madison 14th IL•Chicago IL 60602•P:312-379-0701 EFTA01077556 133 2 3 4 5 6 7 8 9 10 11 12 3 14 15 16 17 18 19 20 21 22 23 24 25 conclude the depo I am going to receive the documents. But I don't have the documents yet. So I want to ask you a couple questions about the documents that have been produced in response to the schedule attached to your subpoena, okay? A. Yes. Q. Do you recall seeing any documents that were responsive to Subparagraph D of any of the paragraphs? If you look at the schedule, you will see the subparagraph. Do you recall seeing any documents that were responsive to Subparagraph D of Paragraph 1, Paragraph 2, Paragraph 3 or Paragraph 4 of Schedule A? MS. STILLMAN: Let me just see if I can clarify. Are you asking as part of our response to the subpoena or are you asking at the office of Rothstein? MR. QUINLAN: Gathering documents responsive to the subpoena. MS. STILLMAN: Okay. BY THE WITNESS: A. No, I do not recall. BY MR. QUINLAN: Q. Let me break that down. Do you Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077557 134 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 recall -- now, this is not just -- I don't mean just while you were gathering documents responsive to the subpoena but at any time do you recall having any correspondence that you either sent to or received from Bradley Edwards? A. No. Q. Do you recall Bradley Edwards providing to you any contracts and/or agreements? A. No. He did not. Q. Do you recall making any written notes regarding any meetings that you attended that Mr. Edwards also attended? A. We never attended the same meeting. I don't know Bradley Edwards. I never met him. Q. I think the last one follows up on what you just said. You don't recall any documents being given to you by Bradley Edwards, correct? A. Bradley Edwards never gave me documents. Q. Have you seen recent news reports that have linked Prince Andrew to Jeffrey Epstein? A. I have. Q. And have you seen reports that have mentioned Bill Clinton in connection with Jeffrey Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077558 135 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 Epstein? A. Yes, I saw those, too. Yes. Q. Donald Trump? A. Donald Trump? No, I have not seen those. Q. Have you seen any reports about flight logs showing that Epstein traveled with underaged girls? A. Reports, no. You mean outside of the context of the meeting with Scott Rothstein have seen a report? Q. I'm talking about recent press reports. A. Recent press reports, no, : have not seen that. MR. QUINLAN: I don't think I have any more questions. Thank you for your time. MS. STILLMAN: We do not waive signature. We are obviously not going to order it separately but unless counsel orders it but we would like an e-tran and four on a page with an index with the exhibits. MR. FREVOLA: Same for me. MS. APRILL: The only thing I want to say is to the extent that there is a determination made that certain things you claim privileged for are Madison Deposition Services•70 M Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077559 136 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 not privileged, I have no reason at this time to say that but there is some confusion in my mind about who clients were, we might seek further testimony. It probably wouldn't be from you, probably be -- I don't know what it would be but I just wanted to say that on the record. I will let you know if we're -- well I think we are going to order it just regular, though. I don't need it expedited. MR. QUINLAN: I do want to order. You know, I don't know what Jack's preference is on format. Maybe give me an e-mail address or phone number to let you know that. MS. STILLMAN: We really need just an e-tran. MR. QUINLAN: We'll need copies of the exhibits. FURTHER DEPONENT SAITH NAUGHT. Madison Deposition Services'70 W Madison 14th FL•Chicago IL 60602.P:312-379-0702 EFTA01077560 137 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 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 2009CA040800XXXXMBAG JEFFREY EPSTEIN, Plaintiff, vs. SCOTT ROTHSTEIN, et al., Defendants. I hereby certify that I have read the foregoing transcript of my deposition given at the time and place aforesaid, consisting of Pages 1 to 136, inclusive, and I do again subscribe and make oath that the same is a true, correct and complete transcript of my deposition so given as aforesaid, and includes changes, if any, so made by me. MICHAEL LEGAMARO SUBSCRIBED AND SWORN TO before me this day of , A.D. 2011. Notary Public Madison Deposition Servlees•70 W Madison 14th FL•Chleago IL 60602•P:312-379-0702 EFTA01077561 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 STATE OF ILLINOIS ) ) SS: COUNTY OF C 0 0 K ) I, LORRAINE DUNN, a Notary Public within and for the County of Cook, State of Illinois, and a Certified Shorthand Reporter of said state, do hereby certify: That previous to the commencement of the examination of the witness herein, the witness. was duly sworn to testify the whole truth concerning the matters herein; That the foregoing deposition transcript was reported stenographically by me, was thereafter reduced to typewriting under my personal direction and constitutes a true record of the testimony given and the proceedings had; That the said deposition was taken before me at the time and place specified; That I am not a relative or employee or attorney or counsel, nor a relative or employee of such attorney or counsel for any of the parties hereto, nor interested directly or indirectly in the outcome of this action. IN WITNESS WHEREOF, I do hereunto set my hand and affix my seal of office at Chicago, Madison Deposition Setvices•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077562 139 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 Illinois, this 1st day of April, 2011. Notary Public, Cook County, Illinois. My Commission expires 12/09/2013. C.S.R. Certificate No. 84-2024. Madison Deposition Services•70 W Madison 14th FL•Chicago IL 60602•P:312-379-0702 EFTA01077563 140 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 INDEX WITNESS MICHAEL LEGAMARO BY MS. APRILL BY MR. QUINLAN EXHIBITS EXAMINATION 4 132 NUMBER Legamaro Deposition Exhibit MARKED FOR ID Exhibit No. 1 5 Exhibit No. 2 98 Exhibit No. 3 103 Exhibit No. 4 107 Exhibit No. 5 108 Exhibit No. 6 110 Exhibit No. 7 112 Exhibit No. 8 114 Exhibit No. 9 121 Exhibit No. 10 124 Exhibit No. 11 126 Exhibit No. 12 127 ****original exhibits retained by counsel**** Madison Deposition Secvices•70 W Madison 14th FL•Chieago IL 60602•P:312-379-0702 EFTA01077564