Text extracted via OCR from the original document. May contain errors from the scanning process.
[13
14
15
16
17
E
1
2
3
4
5
6
7
8
9
ee
Ld
12
43
14
15
address from your firm; is that correct?
A. Yes.
Q. And were you filing any cases back in 2009
in federal court? Do you remember how PACER works?
MR. SCAROLA: Which question would like
answered?
THE WITNESS: |] don't remember.
MR. SCAROLA: Objection, compound.
BY MS. HADDAD:
Q. Do you remember how PACER worked when you
were filing a case, Scott?
A. | actually never actually did the actual
electronic filing procedure. ] had people that did
that. ] knew that we could file electronically.
Q. Do you know the purpose of your using your
e-mail address when you were filing electronically in
federal court?
A. |] guess so you can get a receipt, but J have
no idea.
Q. Did you ever receive an e-mail] from federal
court in your e-mail address that showed that a
document had been filed with the stamps that you see
on the top of that one?
~ MR. SCAROLA: Counsel, are you
attempting --
ee |
oe NEST eS NRE ENE
OrAnA oO SB WN FH
PLEAS IESE RS
ae
Wn
a ee RH aN
RO MR NM WM MH
Om & WN FE
o
EN
Page 66:2
a ea am ate a
THE WITNESS: I don't know one way or the
other.
MR. SCAROLA: Are you attempting to
establish that that complaint was filed in federal
court by Brad Edwards?
MS. HADDAD: I'm asking him if he recalls
the way it's drafted and why.
MR. SCAROLA: Just ask your question.
MS. HADDAD: I'm asking a question. If you
have any objection, please Jay it on the record.
MR. SCAROLA: No, what J want to do is try
to save some time. If what you are trying to
establish is that Brad filed the complaint in federal
court on July 24th and used the PACER system, you
don't need to ask any more questions about that, it
happened.
MR. GOLDBERGER: We appreciate that, but
when we depose you we'll ask you that question. But
we are deposing Rothstein right now so Jet her ask
her questions. Don't do this speaking stuff, let her
ask the questions, okay?
MR. SCAROLA: Maybe.
MR. GOLDBERGER: Okay. Go ahead, Tonja.
BY MS. HADDAD:
Q. Scott, did you ever get e-mails like that
re aneseam esry y S O e I RAEN PUSS ST ERE RSDP SB RTI SS APM HL
from federal court?
A. I'm certain] did, Tonja. 1 don't have a
specific recollection of getting the one pertaining to
this. I] don't even know if they sent it to me. |
would imagine they'd send it back to Mr. Edwards.
Q. The filing attorney?
A. I suspect, unless the PACER system is
registered on my name, then maybe it comes to me, but
] am completely guessing.
Q. But based upon the e-mail communications of
July 22nd and the meeting occurring on July 23rd, this
complaint was filed the day of this meeting; is that
correct?
A. Okay. But here is the problem with your
question, ] don't remember whether or not there
actually was a meeting. | said there may have been,
and J don't have an independent recollection of this
being filed. ] do not have an independent
recollection of whether J told someone to file this.
And for the life of me, this ] am certain of, if]
told Mr. Edwards to file a complaint in federa] court,
if there wasn't a legitimate reason for him to do it,
he wouldn't have done it.
Q. Do you recall if this federal case was filed
when you decided to use the case for your Ponzi scheme
Page 68
and show it to your investors?
A. It may have been filed around that time,
because I haven't been abie to establish the exact
time. It also certainly may have been utilized by me
to further the Ponzi scheme. Also, 1 don't have an
independent recollection of that either. Without
seeing e-mail traffic, ] can't tell you one way or the
other exactly what was going on at that time.
Q. Well, then I'll point you to another e-mail
which is marked as EP 001.
MR. EDWARDS: Let me see it.
MS. HADDAD: I sent a copy to your office.
MR. SCAROLA: He would like to see a copy
now. Thank you.
{The E-mail referred to was marked for
identification as Defendant's Exhibit 2.]
BY MS. HADDAD:
Q. Were you able to find it, Scott?
A. Got it. Yes, ] have it.
Q. You have it, okay.
You said Cara Holmes used to be an FBI
agent, correct?
MR. SCAROLA: No. What he said is --
THE WITNESS: FBI or IRS.
Page 69
18 (Pages 66 to 69)
305-371-6677
5ed93085-0554-447f-bcdd-ca2d8fe941 df
HOUSE_OVERSIGHT_017507