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Page 2201 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: 09-062943 07 RAZORBACK FUNDING, LLC, et al, Plaintiffs, vs. SCOTT W. ROTHSTEIN, et al, Defendants. ________________________________/

DAY 8 - AFTERNOON SESSION DEPOSITION OF SCOTT W. ROTHSTEIN

DATE TAKEN: TIME: PLACE:

Wednesday, December 21, 2011 1:00 p.m. - 5:00 p.m. James Lawrence King Federal Justice Building 99 Northeast Fourth Street Miami, Florida 33124

Examination of the witness taken before:

Terri Wright United Reporting, Inc. 1218 Southeast Third Avenue Fort Lauderdale, Florida 33316 (954)525-2221

United Reporting, Inc. (954) 525- 2221

Page 2202 1 2 3 4 5 Plaintiffs, 6 vs. 7 SCOTT W. ROTHSTEIN, et al, 8 9 10 11 12 13 14 15 16 17 Case No: 18 19 20 Case No: 21 22 23 Case No: 24 25 Case No: 11-02604-RBR STETTIN VS. MAPLE LEAF DRILLING PARTNERS, ET AL 11-02605-RBR STETTIN VS. DON KING PRODUCTIONS Case No: 11-02473-RBR STETTIN VS. REGENT CAPITAL PARTNERS, LLC ET AL 11-02368-RBR STETTIN VS. TD BANK, N.A. Case No: 10-03802-RBR STETTIN VS. CENTURION STRUCTURED GROWTH LLC, ET AL. 11-02288-RBR STETTIN VS. FIDELITY CHARITABLE GIFT FUND AMY ADAMS, ET AL, PLAINTIFF VS. SCOTT ROTHSTEIN, ET AL. CASE NO: 11-CV-61688-JIC/LSS Case No: 10-03767 RBR STETTIN VS. GIBRALTAR PRIVATE BANK & TRUST CO. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION Defendants. ________________________________/ IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: EDWARD J. MORSE, CAROL A. MORSE, and MORSE OPERATIONS, INC., 10-2411 CACE (19)

United Reporting, Inc. (954) 525- 2221

Page 2203 1 2 3 4 5 6 7 8 9 APPEARANCES FOR THE TRUSTEE: 10 11 12 13 14 15 APPEARANCES FOR RAZORBACK: 16 17 18 19 20 21 22 23 24 25 United Reporting, Inc. (954) 525- 2221 CONRAD & SCHERER, LLP 633 South Federal Highway Eighth Floor Fort Lauderdale, Florida 33302 BY: WILLIAM R. SCHERER, ESQUIRE ERIC RAYMAN, ESQUIRE IVAN J. KOPAS, ESQUIRE and KOZYAK, TROPIN & THROCKMORTON, P.A. 2525 Ponce de Leon Boulevard Ninth Floor Coral Gables, Florida 33134 BY: HARLEY S. TROPIN, ESQUIRE GENOVESE, JOBLOVE & BATTISTA, P.A. 100 S.E. 2nd Street Suite 4400 Miami, Florida 33131 By: JOHN. H. GENOVESE, ESQUIRE DAVID C. CIMO, ESQUIRE THERESA M.B. VAN VLIET, ESQUIRE JESUS SUAREZ, ESQUIRE ROBERT F. ELGIDELY, ESQUIRE BERGER SINGERMAN 350 East Las Olas Boulevard Suite 1000 Fort Lauderdale, Florida 33301 BY: CHARLES H. LICHTMAN,, ESQUIRE APPEARANCES FOR SCOTT ROTHSTEIN: LAW OFFICE OF MARC S. NURIK 1 East Broward Boulevard Suite 700 Fort Lauderdale, Florida 33301 BY: MARC S. NURIK, ESQUIRE APPEARANCES FOR THE CHAPTER 11 TRUSTEE, HERBERT STETTIN:

Page 2204 1 2 3 4 5 6 7 8 APPEARANCES FOR MURRAY HUBERFELD AND DAVID BODNER 9 HARVEY WERBLOWSKY, ESQUIRE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 United Reporting, Inc. (954) 525- 2221 CLAUSIN MILLER One Chase Manhattan Plaza 39th Floor New York, New York 10005 BY: SCOTT L. SCHMOOKLER, ESQUIRE APPEARANCES FOR THE COMMITTEE OF UNSECURED CREDITORS: AKERMAN, SENTERFITT One Southeast Third Avenue 25th Floor Miami, Florida 33131-1704 BY: MICHAEL GOLDBERG, ESQUIRE APPEARANCES FOR T.D. BANK: GREENBERG TRAURIG, P.A. 401 E Las Olas Blvd Ste 2000 Fort Lauderdale, Florida 33301 BY: MARK P. SCHNAPP, ESQUIRE DONNA EVANS, ESQUIRE APPEARANCES FOR RLI ZURICH INSURANCE COMPANY, COLUMBIA INC. & ZURICH INSURANCE: CURTIS, MALLET-PREVOST, COLD & MOSLE LLP 101 Park Avenue New York, NY 10178-0061 BY: ELIOT LAUER, ESQUIRE GABRIEL HERTZBERG, ESQUIRE GOLDSTEIN, TANEN & TRENCH, P.A. One Biscayne Tower, Suite 3700 Two South Biscayne Boulevard Miami, Florida 33131 By: SUSAN E. TRENCH, ESQUIRE APPEARANCES FOR PLATINUM PARTNERS VALUE ARBITRAGE CENTURION STRUCTURED GROWTH, LLC:

Page 2205 1 2 3 4APPEARANCES FOR THE MORSES: APPEARANCES FOR FEDERAL INSURANCE COMPANY: 1430 South Dixie Highway Suite 204 Coral Gables, Florida 331463127 BY: ALEX HOFRICHTER, ESQUIRE

5 6 7 8 9 10 11APPEARANCES FOR EMESS CAPITAL, LLC: LAW OFFICES OF ROBERTA DEUTSCH 2499 Glades Road Suite 110 Boca Raton, Florida 33431 BY: ROBERTA M. DEUTSCH, ESQUIRE TRIPP SCOTT, P.A. 110 S.E. Sixth Street,15th Floor Fort Lauderdale, Florida 33301 By: JOHN M. MULLIN, ESQUIRE GEORGE WALKER, ESQUIRE

12 13 14 15 16 17 18APPEARANCES FOR ROSANNE CARETSKY: KLUGER KAPLAN SILVERMAN, KATZEN & LEVINE, PL 201 S Biscayne Blvd Fl 17 Miami, Florida 331314 BY: CASEY H. CUSICK, ESQUIRE APPEARANCES FOR ST. PAUL FIRE & MARINE: MILLS PASKERT DIVERS P.A. 100 N Tampa St Ste 2010 Tampa, Florida 336025145 BY: JOHN A. BLACK, JR., ESQUIRE

19 20 21 22APPEARANCES FOR FEPICT, MS GROUP: BILLING COCHRAN LYLES 515 E Las Olas Blvd Floor Six Fort Lauderdale, Florida 333012296 BY: DANIEL S. GELBER, ESQUIRE

23 24 25NYSTROM, BECKMAN & PARIS One Marina Park Dr., 15th Flr. Boston, MA 02210 BY: JACK SIEGAL, ESQUIRE

United Reporting, Inc. (954) 525- 2221

Page 2206 1 2 3 4 5 APPEARANCES FOR GIBRALTAR: 6 7 8 9 APPEARANCES FOR FRANK PREVE: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 United Reporting, Inc. (954) 525- 2221 PODHURST ORSEK 25 W Flagler St Ste 800 Miami, Florida 331301720 BY: RAMON A. RASCO, ESQUIRE APPEARANCES FOR THE US GOVERNMENT: 500 East Broward Boulevard, Suite 700 Fort Lauderdale, Florida 33394 BY: JEFFREY KAPLAN, ESQUIRE APPEARANCES FOR FRANK SPINOSA: SCHLESINGER AND COTZEN, P.L. 799 Brickell Plz Ste 700 Miami, Florida 33131 BY: MICHAEL J. SCHLESINGER, ESQUIRE and MICHAEL COTZEN, ESQUIRE and SAMUEL J. RABIN, ESQUIRE 799 Brickell Plaza Suite 606 Miami, Florida 33131 STEARNS WEAVER MILLER, et al. 150 W Flagler St Ste 2200 Miami, Florida 331301545 BY: MARY BARZEE-FLORES, ESQ. MATTHEW DATES, ESQUIRE APPEARANCES FOR MICHAEL SZANFRANKSI: LYDECKER, DIAZ 1221 Brickell Avenue Floor 19 Miami, Florida 33131 BY: CHRISTOPHER G. BERGA, ESQUIRE MIGUEL J. CHAMORRO, ESQUIRE

Page 2207 1 EXAMINATION INDEX 2 PAGE 3 4 5 6 7 THE FUNDS' 8 259 9 260 10 261 11 261 12 13 14 15 263 16 264 17 265 18 266 19 267 20 268 21 269 22 270 23 271 24 25 United Reporting, Inc. (954) 525- 2221 E-mail dated 12/25/08 2336 FP112310-0162455/1, E-mail dated 4/14/09 2322 PCL59129, E-mail dated 4/13/09 2320 FP112310-0086198, E-mail dated 1/22/08 2308 Analysis dated 3/10/11 2292 Elite Delivery Systems Website Printout 2286 PRODA 048648, E-mail dated 10/23/09 2265 PRODA 045671, Letter dated 10/15/09 2264 PRODA 046167, E-mail dated10/16/2009 2263 262 262 Confidential Settlement Agreement and General Release PRODA 021218, Letter dated 10/14/09 Confidential Settlement Agreement and General Release 2261 2262 2262 FP112310-0196804/1, E-mail dated 10/29/09 2261 FP112310-0196804/1, E-mail dated 10/29/09 2342 Affidavit of Richard S. Fechter 2236 SCOTT W. ROTHSTEIN DIRECT BY MR. LAUER 2208

EXHIBIT INDEX PAGE

Page 2208 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 MR. LAUER: Q A Q Good afternoon, Mr. Rothstein. Good afternoon, sir. You've been asked a number of questions over DIRECT EXAMINATION

the past several days about your relationship with George Levin. A Q A Q Levins? A Q We did. Can you describe the nature of both in terms of Did you ever meet Mrs. Levin?

I did. Could you state her name for the record? Gayla Sue Levin. And did you and your wife socialize with the

frequency and the nature of the socializations? A For one series of months I remember we used to

go to breakfast together and we used to meet for breakfast, I don't remember whether it was Saturday morning or Sunday morning, we used to meet at a deli out towards their home. And there were a lot of occasions

that we'd get to spent time together at political functions. George and I would do the politics thing and

Sue and Kim would do whatever the women were doing at those functions to avoid being bored out of their minds, I suspect. United Reporting, Inc. (954) 525- 2221

Page 2209 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 They were at my wedding. There were some other George and

family functions that they attended with us. I would go to lunch frequently.

I don't know if Kim and That's about the

Sue met outside but they did talk. extent of it. Q

Did you have a business relationship with

Mrs. Levin? A Well, in the beginning of this it was my

understanding from speaking to Mr. Preve and to Mr. Levin that Mrs. Levin was one of the investors when I was just doing deals with George, the initial set of deals. Q A This is 2007? 2006, 2007, it's the pre -- look at the

earliest deals, it's when we were only using Gibraltar Bank and we were not using what I referred to over the last bunch of days as complete deal packets. Q This is before any contact to the hedge funds

that I represent? A Any contact that I had with the hedge funds. I

can't tell you when they began contact with them. Q Following that did you ever have any direct

business dealings with Mrs. Levin, just you and Mrs. Levin? A No. United Reporting, Inc. (954) 525- 2221

Page 2210 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 Q A Q A Q Q Did she have any interaction with these

fictitious settlements? A Q going on? A I'd be guessing. MR. LICHTMAN: I have no idea. Have you ever been to their home? Yes. Has she been to yours? Yes. This morning you were shown what was marked, I Objection to form. No. Did she have any idea that there was a fraud

believe as Plaintiff's -- sorry, as Exhibit 250, which apparently the TD Bank people took with them, but if you recall -A Q Better watch those bankers. Exactly. They are e-mails of June 24, June 25,

2009; do you recall that? A If you could refresh my recollection as to the I saw

contents I'd probably be able to help you better. a lot of

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