EFTA00798337.pdf

1 3 IN THE CIRCUIT COURT OF THE I INDEX FIFTEENTH JUDICIAL CIRCUIT, IN 2 AND FOR PALM BEACH COUNTY, FLORIDA 2 Videotaped Depoeitien ofWILLIAMBERGER Page lb. Case No. 502009CA040800XXXXMB 4 JEFFREY EPSTEIN, 5 Direct Examination by Hr. Scarola 5 Plaintiff/Counter-Defendant, 4 Cross-Lamination by Mr. Lick SS Vs. 7 Redirect Examination by Mr. Scarola 131 SCOTT 0.0TNSTBIN, individually; 0 Rocones-Exaninatien by Mr. Lick 138 BRADLEY EDWARDS, Individually, 9 Further Redirect Examination by Mr. Scarola 160 Defendants/Counter-Plaintiff. 10 Certificate of Oath 170 / 11 Certificate of Reporter 171 12 13 PLAINTIFF'S EXHIBIT INDEX VIDEOTAPED DEPOSITION le OF WILLIAM BERGEA 15 No. Descriptich Page No 16 1 Razosbadt Cctplaint OS 17 2 (Premarked but not mentioned during deposition.) Taken on Behalf of Defendant/Counter-Plaintiff IS 3 Cceplaint in current case 118 19 Friday, February 23rd, 2028 20 9:27 . - 1:32 . 21 DEFENDANTS/COUSTER-PLAINTIFFS' EXHIBIT IM3EX 2255 Glades Road, Suite 218-A 22 (No exhibits were tacked.) Boca Raton, Florida 33431 13 24 25 2 4 1 Examination of the witness taken before 1 THE VIDEOGRAPHER: This is the 23rd day 2 Sonja D. Hall 2 of February 2028. The time is approximately Palm Beach Reporting Service, Inc. 9 1665 Palm Beach Lakes Boulevard, Suite 1001 $ 9:27 West Palm Beach, FL 33401 4 This is the videotaped deposition of 4 1561) 471-2995 5 Berger in the matter of Jeffrey 5 APPEARANCES: 6 For Plaintiff: 4 Epstein versus Scott Rothstein and Bradley 7 LINK 4 ROCKENBACH, . Edwards. 1555 Palm Beach Lakes Boulevard, Suite 301 , This deposition is being hold 2255 0 West Palm Beach, FL 33401 By SCOTT J. LINK, ESQUIRE Glades Road, Suite 218-A, Boca Piton, 9 :0 Florida 23431. 10 For Plaintiff: 11 DARREN K. INDYKE, PLLC Ii My name is Manuel Santiago. I am the 575 Lexington Avenue 12 VICIOD9taptier representing Above a Beyond 12 New York, NY 10022 By DARREM K. INDERE, ESQUIRE 29 Reprographics. IS 24 Will the attorneys please announce 14 For Defendant/Counter-Plaintiff: 15 their appearances for the record? 15 SEARCY, DENNEY, SCAROLA, BARNHART 4 SHIPLEY, . 16 MR. LINK: Sure. Scott Link on behalf 26 2139 Palm Beach Lakes Boulevard 17 of plaintiff, Jeffrey Epstein. West Palm Beach, FL 33409 27 19 MR. INDYKE: Darren Indyke on behalf of By JACK SCAROLA, ESQUIRE la 19 plaintiff, Jeffrey Epstein. 19 ALSO PRESENT 20 MR. SCAROLA: My name is Jack Scarola. 20 Above 4. Beyond Reprographics 2161 Palm Beach Lakes Boulevard 21 I am counsel on behalf of Brad Edwards. II West Palm Beach, Florida 33401 22 Brad Edwards is plaintiff in the By Manuel Santiago, videographer 22 23 counterclaim in which this case -- excuse me 23 24 -- in which this deposition is being taken. 24 25 25 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00798337  5 7 THEREUPON, Of Florida graduate school and got a master's degree in 2 WILLIAM BEAZER, 2 philosophy. I then applied to trio university of Miami being a witness in the notice heretofore ) law school. And I went to law school iron 1972 to 4 and being first duly sworn in the above cause, 4 1975, when I graduated the University of Miami law S testified on hla oath as follows: 5 school. THE WITNESS: I do. 4 Q Tell us how you came t0 select philosophy DIRECT EXAMINATION ▪ an a major? 4 BY HR. SCAROLA: • A How such flaw do you have? • Q Could you please introduce yourself to the • Q Well, I have a lot of tine, but I expect 10 ladles and gentlemen of the jury, before whom this 10 that the jury would like you to be relatively brief. II deposition is likely to be shown? 11 A I have also had a very longstanding interest 12 A My name is William Joseph Berger. 12 in the ideas, concepts, fundamental principles, and I 13 Q And where la the deposition being taken 13 was attracted to philosophy. 14 today, Mr. Berger? II CI All right, sir. Were your plans when you II A It's being taken in the Law Office of Weirs, 17 chose that major to eventually go to law school? IS Handler 4 Cornwell, the firm that 1 work for. IS A No. I7 O What is your capacity with the firm? 17 0 what were your plans? IS A I an an attorney with the firm. IS A I was going to open up a philosophy shop and If Q How tong have you been employed by Kelm, Is tell people if Choy existed or not. 20 Handler Cornwell. 20 Q sounds like an endeavor that was not likely 2l A Since approximately December of 2009. 21 to enable you to support a family? 22 Q You understand that this deposition is 22 A Actually, It was teaching. I was going to go 2) being taken in a case in which Bradley Edward➢ has 2) into teaching, and then I decided to go into law 24 brought suit again➢t Jeffrey Epstein for malicious 24 school. 25 prosecution, correct? 25 Actually, law seamed to me to be -- I have 6 8 A Yes. I always thought of law a➢ the combination of 2 O And can you tell us, understanding 2 philosophy in action. That's what, to ma, law is, 3 that the case is set to be tried the second two weeks 3 the application of principles to real life • in arch, whore you are going CO be the second two 4 situations. • weeks Of Mirth? 0 Where were you born and raised? 4 A I will have surgery out of town March 5, and 4 A I wan born in Philadelphia, Pennsylvania. / I will bo rehabilitating or recovering probably for the 7 And at the age of ono year, my family moved to Miami • resit of the month. • Beach, and I grew up on Miami. Hooch. 9 0 All right, sir, thank you. We wish you 9 Q Do you have a family of your own now? 10 beat of luck with your surgery. Sorry that you are 10 A Yea. Linda and I have been married for 47 II not going t0 be with us at trial in person. But IL years and we have three daughters. 12 that's the reason why wo are taking this videotaped 12 Q Let's pick up with your graduation from law 1) deposition today. 1) school in 1975, and tell ua what you did after 14 A Thank you. 14 graduating. 15 Q I want, before we begin dealing with the 15 A From 1975 to 1997 I was an attorney in Miami, If issues involved in this case, co talk to you a little If and I wan with several law firm during those 22 years. 17 bit about your professional history. So let'➢ start 17 I was with the Greenberg Traurig law fire; the Fine In with higher education. IS Jacobson law firms a firm called Hughes Hubbard t Read, 19 Where did you go to school and what did 19 which is a New York firm that had a *Maul office. And 20 you study? 30 I had my own practice in between. So that takes me to 31 A I went to college for a year at Syracuse, 21 1997. 22 then I transferred to the University of Florida. I 22 Then in 1997 Linda and I decided that we 23 graduated from the University of Florida with a 33 Were going to ROVO to Boca Raton, and we did. I 24 bachelor's degree. I had a degree in philosophy, and 21 joined this fire in 1997, the Rehm Handler firm. 25 that was to 1971. And then I stayed at the University 25 was here for a year, and then I started ny own Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00798338  9 11 practice, just a solo practice until 2002. Q Tell us atittle about them, if you would, 2 And in 2002, I ran for circuit court Judge 2 please. 2 hero in Palm Beach County and I was elected. I A My daughter Marla is 43 today. It'➢ her 4 served a➢ a circuit judge in Palm Beach County from 4 birthday. she's a mental health counselor. • January of 2003 until Juno of 2008. S Unfortunately, her -- in the sense that she specializes Q Lot's talk a little bit about the nature of 4 in grieving, she administers mental health counseling 7 your practice before you were honored with a position 1 to -- particularly to children -- she works for a s on the bench. Toll us, if you would, please, about a charity called Tomorrow'➢ Rainbow in Broward County. * what kind of legal work you did in those decades / she has her hands full right now with the shooting. It before you became a circuit court judge? 10 My daughter Lauren is 41, and oho'➢ a 11 A I handled lawsuits of people suing other II social director -- rather, an activitie➢ director 12 ',maple, companion suing companion. General -type work, 12 for a large temple here in Boca Raton. 13 state and federal. 13 My youngest daughter is Brooke, who is 29 In the 1 90. I started to focus on 14 years old. Brooke is looking co find herself, so 13 employment discrimination law whore I represented 13 she's back at hone now, and wo are going to nee 14 the employe*a who had been fired or disciplined. 14 where She goes next. I7 Those were cases against their employers. And so if If Q I have a few of those myself. Is I had any kind of concentration, it was in that IC Tell us, if you would, please, how you IS area. Probably a third of my practice was in that went about addressing the financial issues that 20 area until I was elected to the bench. 20 arose in '07 and '08 that compelled you to leave the 21 Q During that period of tine before taking 2L bench? 22 the bench, did you focus your practice exclusively on 22 A I decided I needed to go back to private 22 representing either plaintiff➢ or defendants? 23 practice. I took a substantial cut in pay to become a 24 You told us that your employment law 24 Judge, and we realized that going into it. But it was 25 practice was focused on representing plaintiffs. 25 just something that needed to be addressed as a result 10 12 I What about prior to that? of the recension, so I decided to look to go back into 2 A well, I did -- I did -- oven during that 2 practice. And I was -- I interviewed with a couple of 3 time, I did represent Gone employers, so I did 3 largo firms. 4 represent both aides. 4 Q roll us, before wo leave focus on your In other types of canon, there wan no 3 Judicial career, what you did during those five to 4 exclusive representation of plaintiffs or defendants 4 nix yearn? 7 in what we would call civil matters, comeorcial 7 A well, in Palm Beach County, the circuit t disputes and those types of things. • court, which is the higher-level trial court, La 9 Q What motivated you to nook a position on • divided into five divisions: civil, criminal, family, 10 the bunch? 10 probate and Juvenile. In the five to six years that I Il A Maybe the same thing that motivated no to go IL was a Judge, I served in the civil division for ono 12 into philosophy. It was something whore I could 12 year, then I nerved to the family division involving 13 actually apply principles, legal principles to 13 divorcoa, custody fights for two and a half years. And 14 real -life situations and deal with people's Isamu➢ and 14 that was in the branch court in Delray Beach. And I 15 really do something for society. And it was something 15 was the administrative judge for the Delray Beach 14 that was vary rewarding when I was on the bench. 14 Courthouse. 11 O What were the circumstances under which you 11 And then the last approximately two year➢ IS left? IS that I was on the bench, I Served in the criminal IS A well, unfortunately in 2007/2008, wo wore 19 division, so I presided over Colonial/capital case➢ 24 hit -- my family wan hit with the recession, no w0 24 for two years. 21 had -- it was a serious financial ➢ltuation for us, so 21 Q I know from the review of your professional 22 I decided I needed to go back into private practice. 22 sestina that you currently, in addition to doing trial 23 Q You told ua about your 47-year marriage. 23 work, also do soma appellate work; is that correct? 24 Do you have Children? 24 A Yea. 33 A Yea, three daughters. 33 O Did you have any app responsibilities Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00798339  13 15 l while you were a judge? 1 circuit court judge➢. 1 A Yes. Judges that are circuit court judges 1 Q In going through your career, we had 3 have appellate responsibility for cases from the county 3 reached the point where in 2008 you faced the 4 court being appealed to the circuit court, and I worked 4 economic reality of having to leave the bench. where S on those. And then I was also invited by the Fourth S did you than go? f District Court of Appeal, which is our appellate court A I was hired by the Rothstein, Rosonfoldt a / for Palm Beach County, Broward County and the Treasure Adler firm. • Coast. a O How did that cone about? I was invited ono simmer to sit on -- to A As I said, I was interviewing with two firms. 10 sit on that court in place of a judge who was on 10 There wore two largo firma that had offices in Palm 11 vacation, Judge Barry Stone. So I served on the 11 Beach County -- largo offices In Palm Beach County. 12 Fourth District and served with a panel of judges 12 Neon wo moved up hove in 199?, my daughter 13 and heard quite a number of cafes and wrote several 13 Brooke got to know Stuart Rosonfoldt,a daughter, and 14 decisions for the Fourth District. 14 we became socially acquainted with Stuart Rosenfeldt 13 Q The jury may not be familiar with the 13 and his wife. So I know him from 2997 until -- wo 14 procedure, but when the appellate court reviews 14 aro at 2008. I knew him that entire time. 17 decision➢ that are rendered and jury trial re➢ult➢ at In fact, when I went on the bench in 2003, 18 the trial court level, how many judges aro involved 18 I referred to Stuart my employment case➢ that I had. It in that review process? It I had a great deal of respect for Stuart. 20 A Three. 20 Stuart was a very prominent attorney in 21 Q And you then wore one of three panel 21 the employment law area. No wrote for the Florida 21 members in the review of multiple cases that were 21 Bar the teat that lawyers take to become board 23 heard before the Fourth District Court of Appeal? 23 certified in labor law. lie had an excellent 24 A Yea. 24 reputation in that area. 2S Q Did you ever have the responsibility of 2S And Stuart, I would see ha every once in 14 16 1 writing opinions on behalf of the court, oven though a while, and ho would toll mo about this firm that 2 you were an a➢sociate judge and not a regular member 2 ha was now with, Rothstein, Rosenfeldt 4 Adler, and 3 of the Court? 3 it was upbeat. Be portrayed it as a vary dynamic 4 A Yea, I wrote several divisions that were 4 firm. 3 published and -- for the courts -- for the court of So during CM time I was looking to go 4 appeal. 4 back into private practice talking to other firms, I 7 Q Did you also, during the course of those 7 road In the paper that Rothstein, Roacmfoldt 4 Adler ▪ years, when you were serving as a circuit court judge, • had just hired the former mayor of Boca Raton Stove 9 receive the honor of having been selected by the 9 Abraea to open up a Boca Raton office. 10 chief justice of the Florida Supremo Court to fulfill 10 Now, I knew Stove Abrams. Ho was my II any responsibilities on behalf of the Supremo Court I mayor. NO was our mayor here In Boca Baton during 12 of Florida? 12 9/11, and I had a groat deal of respect for hie. 13 A Yes. The position of chief justice rotates 13 Ne had an anthrax attack here in Boca at 14 among the justices in the court. And at the time the 14 the National Enquirer building. And Mayor Abrams IS chief justice of the Florida Supreme Court was Fred IS was like Mayor Giuliani for Boca Baton. He was If Lowia. And Justice Lewis appointed me to a ➢tatewide If vary -- showed great leadership skills. 17 panel conflating of laypersons, judges at the trial 17 So when I saw and then ho was not the 18 level, and appellate judges and retired Supreme Court IS mayor anymore, of course, in 2009. But when I saw 19 justices on a cormittoo to study how the public Could 19 that the firm was hiring -- had hired Steve Abrams 20 130 batter informed in voting for trial judges. 20 to open up an office here, which would be a 21 In Florida, county and circuit court aro 21 brand-new office, not a branch office of a big firm 22 elected. Appellate judges are appointed by the 22 that had -- that already had a largo number of 33 governor. And the purpose of the panel was to deal 23 people in a branch office, it just seemed like an 24 with how the public could bo bettor informed in 24 opportunity I needed to explore. 33 decisions of -- towards voting for county and 23 So I called Stuart. And I said, Stuart, I Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00798340  17 19 would like to talk to your fire about -- I told him A Probably maybe double the total, if you 2 I was thinking of leaving the bench. And I asked if 2 counted the lawyers. So it probably had 120 to 140 3 I could be interviewed by the firm to work with omployoos. 4 Stove Abrams in opening up the office here. Q What happened to the aim of the firm 5 Q Did you then interview with the firm of S during the period of tiro that you were associated 4 Rothstein, Rosenfoldt a Adler? 4 with the firm? 7 A Yea. Stuart and I talked, and then ho A Tho firm did grow. It also -- I moan, it 4 introduced ma to Scott Rothstein, and that was the a grow in Fort Lauderdale. We also hired wo • interview I had. * eventually did open up a Boca Raton office where Nayor 10 Rothstein and I talked for about a half ic Abram and I practiced. He had one attorney along with II hour in his office, and he made me an offer and I 11 us that was full-Cleo there and another attorney that 12 accepted it. 12 was part-time. 13 Q Which office wad it at which you were If And then the firm al➢o acquired an office 14 interviewed by Mr. Rothstein? 14 in Venezuela and maybe in Tallaha➢lee. not sure A The firm didn't have a Boca location. It had 13 about that. No also had an office In Washington, 14 a Fort Lauderdale location on East Las Olaa Boulevard, it III. that wasn't staffed -- fully ➢taffed. There 12 ➢o it was in that suit of offices there, in hi➢ office. 12 might have boon one other office possibly in Now Q roll ua about that suit of offices. IS York. I don't recall. A Noll, at the tine the -- I call it RRA for is Q You told us about knowing Mr. Rosonfoldt 20 Rothstein, Rosonfoldt a Adler -- MA had -- if not 20 and knowing Mayor Abrams. Wore there any other 21 mistaken, it had one and a half floors of that 2L lawyers working in that office who you either know or 22 high-rise office building on East Las Olam. And 22 know of? 23 Rothstein's office was on the floor -- the main floor 23 A Yea. And that'➢ one of the reasons that 24 whore they had the entire floor. 24 chose that firm. Thera were several people. I learned 25 Q Describe the offices. 25 that -- I think front al discus➢ion with Scott Rothstein 18 20 A Noll, the offices wore a number -- you had a when he interviewed no -- Judge Barry Stone, the sane 2 waiting room, you had a number of attorneys' office➢, 2 appellate judge that I had taken his place when I sat 3 and sort of common . Sono of the offices were 3 on the Fourth District -- that ha had been hired by the 4 bigger, some wore corner offices, depending on the 4 firm, and he had either already started or he was going 3 attorney's position with the firm, and Rothstein had 3 to start. 4 his own office, which, of course, was larger than 6 Judge Stone baa a tremendous reputation. 7 others. • I think he was Cho longest sitting judge on the • Q Descrlbo Kr. Rothsteln's office for the S Fourth District. 9 benefit of the jury, if you would please. In cases whore I wa➢ -- as a circuit court 10 A Noll, it was a big office. It got bigger 10 judge whore I was reversed by the Fourth District II later. It was renovated in 2009 after I was hired. At IL Court of Appeal ho dissented from those naveaaaaa 12 the time, it wa➢ -- iC wa➢ not an overly large office, 12 several times. 13 but it wa➢ clearly the office of the attorney that wan 13 Q So ho had a special place in your heart? 14 the named partner in the firm -- the first named A Right. Right. So I had a groat deal of 15 partner in the firm. 15 respect for Judge Stone. If Q How about once the office got renovated? If Another attorney, who is Gary Farmer Jr., 11 Did you have occasion to over be in Mr. Rothstein's 17 Gary Farmer Jr. is the ➢on of Gary Farmer Sr. And IS office after the renovations? IS Cary Farmer Sr. wan also a judge on the Fourth 19 A Yeah. It wan either maybe triple the size 19 District Court of Appeal. And I knew his son was an 30 than it had been before, lavishly decorated. 30 active, prominent personal injury attorney and class 31 Q How largo wan the firm at the time you 21 action attorney, consumer attorney. Ho had just 22 joined it? Now many lawyers, approximately? 22 settled a gigantic, hundreds-of-millions-of-dollars 33 A It had about 60 or 70 lawyers at the time. 23 whistletdower case against the pharmaceutical 34 • And total number of omployooa, could you 24 industry. Noll, that was very impressive. So Gary 25 estimate that for ua? 25 either had joined the firm or was going to join the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00798341  21 23 firm. I knew that. represented another law firm in a breakup of firma 2 In addition to Mayor Abrans and -- there 2 And the Scherer firm waa owed over a million 3 was also an attorney named Steve Lippman, who I did In Coos. And the client, the other law firm, was 4 not know. But I got to know him. I heard of him. 4 reneging on paying that. And Scherer won at the • He had quite a number of financial institutions a➢ 5 trial level, and then Judge Stone and I defended clients. So when I joined the firm, the firm was 4 that judgment and protected that judgment on appeal, 7 representing Citicorp, Walla Fargo, JCPenney, Ed 7 and we were ultimately successful. 4 Morse Automotive dealer➢hip.. It was a crui➢e • So you had a very prominent attorney, who, * line -- I forget the name of it, but we represented * ironically later, became an attorney for clients 10 a cruise line. 10 suing the firm after the firm'! demise. But at the II Robert &ache], who was an attorney who II time, Bill Scherer -- I was very impressed with the 12 was at that fire. Roach.' represented police 12 fact that Bill Scherer was a client of the firm. 13 unions. So we had as clients the union➢ that 13 And he spoke publicly in -- I remember a newspaper 14 represented police officers. And I think those are 14 article on the Internet that Michael Mayo, I Is the attorneys that I knew going into the firm. 15 believe, with the Sun Sentinel, interviewed Bill 14 Q Do you remember the approximate month that 14 Scherer about Rothstein. And I remember Scherer I/ you actually joined RRA? 17 saying that -- he ➢aid, I don't know what Scott IS A Julie of 2009. sorry. June of 2000. 10 Rothstein la doing, but whatever in it I like it. It Q You remained with the fire, then, [or haw II He said, I like it so much that my firm has given 20 long? 20 him hla major case. So that was -- I thought that 2L A Until probably around November 8th to 10th, 21 was a testament to the firm's reputation. 22 something like that, 2009. So June 2008 to November of 22 Q When you joined RRA, how was your position 23 2009. 23 with the firm, your relationship with the firm 24 Q Approximately 18 months -- about year and a 24 publicly described? what position did you have? 25 half? 25 A Noll, I had -- I was called a shareholder. 22 24 A Yeah. The firm had associates, partners and shareholders. I 2 O All right. 2 wasn't really an equity owner in the firm. It was -- 3 At that time you joined the fire and 3 When I was with the Pine Jacobson firm I through the end of October of 2009, how would you 4 was designated as a partner. I wasn't really an a describe the perception of the firm, the firm's 5 equity owner in that. So I had the -- that was sort 4 reputation in the South Florida legal community? 4 of -- there were probably 10 people that were A I think it was in very high regard by the 7 designated as shareholders. legal community. When I joined the firm, I looked up Then under that -- ➢o we had sort of a 9 ea the Internet, articles about RRA. And it was a firm • mere senior role with the firm. 10 that had -- that was very much involved in civic and 10 Q Was it unusual, based upon the experience II charitable work, giving, that sort of thing. II that you have described, for law firma to de➢ignate 12 Rothstein was awarded many honors by 12 employeen of the fire a➢ being shareholders or 13 charities for his work, charitable work. The 13 partners without those individual! having an equity 14 attorneys that I associated with at the firm I 14 interest in the firm and ownership interest? 15 thought were very, very high-caliber -- extremely 15 A No. I had seen that before. As I ➢aid, the IS high-caliber. I got to know more people there, of 19 Fine Jacobson firm was a ?0-attorney fire in Miami that Il course. 17 was a vary, very prominent fire In the 1980s. And I IS One of the clients of the firm was the IS was a partner with that firm, but I did not have an It Conrad Scherer firm. The Conrad Scherer firm was 19 equity interest in it. 20 ran by Bill Scherer. Bill Scherer la one of most 20 Now, afterward➢ when RR. collapsed, 21 prominent lawyers in South Florida, certainly in 21 obviously among all of the things that all of ua at 32 Seaward County. And he was a client of the firm. 32 the firm went through in terms of being interviewed 33 In [act, Judge Stone and I worked on a 33 by law enforcement and that sort of thing, I was 24 case that he had with u➢. It was a major cane for 34 also interviewed by the Florida Bar. And one of the 25 that law firm. It was -- that law firm had 25 points they raised was the fact that I was being Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00798342  25 27 1 called a shareholder and yet didn't have an equity i effect. He stepped into the ➢hoes of the law firm, and 2 Interact In the firm. 2 he was now responsible for -- the firm had clients. No 3 I learned from the Bar, really, that that was responsible for collecting whatever foes could be O was not -- not that It was widely -- a widely used O collected for paying aqsloyees, for seeing that there 5 practice, but it was ono that the Bar was well aware 5 was a transition from the firm to other attorneys i of and did not discipline the attorneys, to my 4 outside the fire to take over those matters, and also 7 knowledge, certainly not In my case, for having been 1 to collect, against whoever was responsible, money to • called a shareholder and not having equity. • re -- in effect to reimburse the firm for money that But I learner!d from that inquiry that this * was stolen from the firm. So Herb Stettin had that 10 is a practice that seemed to be common, ao to speak, IC role. II throughout the 11 Q So tell us, if you would -- you have 12 0 You have told us that your relationship 12 described the fact that the firm collapsed. How did 13 with Rita ended in early November of 2009. Tell ua 13 your knowledge of the circumstances surrounding that 14 about the circumstances under which that occurre➢. Is collapse evolve? II A well, the exact circumstances are that the II A Well, it evolved very quickly. On Saturday 14 firm had already collapsed. November 1 was a Sunday. 14 October 31st, I was copied on an email that said -- 17 And that's when I learned that there were problems, and 17 that was -- that didn't have broad circulation within le that Rothstein had left the country. I➢ the firm that said something about, Where's Scott? November 2 was a Monday. And the attorney Is Something like that. 20 that the firm hired co represent it in this 20 Q Scott meaning Scott Rothstein? 21 Rothstein problem and who had filed a lawsuit for 21 A Yeah. Two or three days before that, maybe 22 the firm against Rothstein immediately -- Kendall 22 Wednesday of that prior week, at the and of October, 23 Coffey was the attorney -- I stayed on for a couple 2) there was a charitable event at his home and he didn't 24 more day➢, probably a week, 10 days, something like 2• attend. He wasn't there. Nis wife was there and 2S that, and then I left. 25 dozens and dozens, if not over 200 people were there. 26 28 1 The firm had basically collapsed. We It was a big event, but he wa➢n't there. It raised 2 weren't getting a paycheck. I felt I owed it co the 2 questions. Where was he? 3 people in the firm -- we atilt had employees that 3 So on Saturday I saw an email that ➢aid he 4 weren't getting paid but atilt had some benefits -- 4 has left the country. Something like that. And 5 maybe they were getting paid somewhat. The 5 then Sunday morning or Sunday afternoon, I got an • attorney➢ weren't getting paid. I felt I needed to • email that -- I forget who sent it -- but said to 7 stay there for scam period. 7 re, Ma are going to have a meeting among -- I think And Herb Stettin had been appointed by S the people -- the shareholders at the fire that t Judge Streitfeld a➢ a receiver for the firm. I knew 9 afternoon or evening, and I went to that. 10 Herb Stettin for years and I felt some loyalty to 10 So there were probably about seven or 11 him to stay for a while, at leant. But then it got IL eight or nine of u➢ there. Somebody -- maybe Stuart 12 to the point where I had to leave. I had to get a 12 Rosenfeldt -- had already hired Kendall Coffey, who 13 paycheck, so I left probably around November 7th or 13 was -- Kendall la a Miami attorney. Kendall and I 14 10th, something like that. practiced together at Greenberg Traurig in the '70a. IS • Explain to the jury, if you would, please, IS Kendall became the united States attorney for the li what a receiver la. What was the responsibility that If Southern District of Florida. 17 Mr. Stettin was appointed to fulfill by circuit court I/ 0 A presidential appointment? Ii Judge -- IS A Pre➢ident Clinton hired him. It A Streltfeld. It And then Kendall, at sans point, left that 30 O Streitfeld. 30 position and he we➢ out in private practice. 21 A A receiver la somebody who is appointed by 21 So Kendall we➢ there at this meeting, 22 the court -- and It's typically an attorney -- to take 22 along with seven or eight of the other attorneys in 23 charge and to basically run whatever the company is or 23 the firm, and that'➢ when I learned that Scott 24 the business that is now in receivership. And that was 24 Rothstein was in Morocco. And I was shocked. And 25 the law firm. So he was -- he became the law firm, in 25 also -- because we were there for a couple hours, I Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00798343  29 31 al➢o learned that our tru➢t account➢ -- and those that were being prosecuted on behalf of throe young 1 are bank accounts that contain client money on deal➢ 1 woman: M., B.N. and Jane Doe. And w➢ will refer to 3 that are pending, deal➢ that are settled, but the them when I talk to you about them in that ➢ame way, 4 money he➢n't been di➢tributed -- million➢ of 4 referring to sham by those initial➢ and that 5 -- that those account➢ had been looted, they 5 pseudonym. 4 were empty. I learned that that night. So those 4 Describe how it i➢ you cam, to ➢hare 7 were the circumstances where I learned that the firm ro➢ponsibility for those ca➢es with Brad. 4 had basically imploded. A I don't remember the first -- my first Q Did there coma a point in time when you s introduction to the ca➢e➢. 0bviou➢ly, there wan a 10 became aware that Scott Roth➢tein was operating a 10 meeting. Obviously, I met Brad for maybe the first 11 Renzi scheme out or the law firm? 11 time, and I was -- I wa➢ asked -- I don't remember by 12 A I learned that maybe a day or two after 12 whom -- to work with Brad on these case➢ I think 13 November 1st, and I think I read it in the paper. 13 principally becau➢e they were ➢ignificant ca➢e➢. 14 4) Before the disclosures that you have 14 I had been practicing for quite a while. Is described to us, the raiding of the trust account and 15 I had been a Judg➢ in Palm Beach County and had 14 the operation of the Moral ➢chme, having been at 14 practiced in Palm Beach County. The fife was In 15 that the firm for approximately a year and a half,