EFTA00608537.pdf

1 (Pages 1 to 4) Page 1 Page 3 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL? 1 INDEX CIRCUIT IN AND FOR PALM BEACH COUNTY. FLORIDA 2 Complex Litigation. Fla R.Civ.Pro.1201 3 Deposition of Russell S. Adler: Page No. 4 Direct Examination by Mrs. April 4 CASE NO. 50 2009CA040800XXXXMB AG 5 Cross Examination by Mr. King 151 6 Certificate of Oath 155 JEFFREY EPSTEIN, 7 Certificate of Reporter 156 vs. 8 Read and Sign Letter to Witness 157 SCOTT ROTHSTEIN. Individually. 9 Errata Sheet (to be forwarded upon execution) 158 BRADLEY J. EDWARDS. individually. 10 and L M individually, • • • Defendants. 11 12 PLAINTIFF'S EXHIBIT INDEX 13 Exhibit. Description Page No. DEPOSITION OF 14 No. 1 Subpoena For Deposition Duces Tecum 6 RUSSELL S. ADLER 15 Taken on Behalf of the Plaintiff 16 DEFENDANTS EXHIBIT INDEX DATE TAKEN: Wednesday, April 20, 2011 TIME: 9-10 AM - 3 CO PM 17 No. Description Page No. PLACE: Fowler White Burnett. PA 18 NONE " -a One Financial Plaza • 21st Floor 19 100 Southeast 3rd Avenue Fort Lauderdale. FL 33394 20 21 Examination of the witness taken before: 22 Lee Lynott. Certified Merit Reporter 23 Registered Professional Reporter Certified Shorthand Reporter, Florida 24 Hi-TechAlnited Reporting. Inc. 25 1218 SE 3rd Avenue Page 2 Page 4 1 THEREUPON. 2 THE COURT REPORTER: Do you swear or affirm APPEARANCE FOR THE PLAINTIFF: FOWLER WHITE BURNETT. P.A. 3 that the testimony you are about to give will be BY: SUSAN APRIL. ESQUIRE 4 the truth, the whole truth, and nothing but the One Financial Plaza - 21st Floor 5 truth? 100 Southeast 3rd Avenue Fort Lauderdale, Florida 33394 6 •' • 7 WHEREUPON, APPEARANCE FOR THE DEFENDANT BRADLEY EDWARDS. 8 RUSSELL S. ADLER SEARCY DENNEY SCAROLA BAFINHAFtT 8 SHIPLEY 9 acknowledged having been Sat duty sworn to tell the BY: WILI-WA KING, ESQUIRE 10 truth. testified upon his oath as follows: 2139 Pam Beath Lakes Boulevwd 0 West Palm Beach, Florida 33409 11 THE WITNESS: I do. 11 12 DIRECT EXAMINATION APPEARANCE FOR THE VOTRESS. RUSSELL S ADLER: 13 BY MRS. APRIL: 1 FRED HADDAD LAW OFFICES 14 Q Sir, my name is Susan April. WO Snit just a 13 BY: FRED HADDAD, ESQUIRE 15 few minutes ago I guess on the other side of the room One Financial Plan - Suite 2812 16 here. Thank you for corning today. 100 Southeast 3rd Avenue Fort Lauderdale, Florida 33301 17 You know, of course, Mr. Haddad is your 18 lawyer today, right? 19 A Yes. 20 Q And you know Bill King over here? 21 A Just met him. 22 Q Just met him? And you were out In the 23 hallway talking to him for a moment? 24 A Yes. 25 0 Can I ask you what you were talking about? United Reporting, Inc. 954-525-2221 EFTA00608537  2 (Pages 5 to 8) Page 5 Page 7 1 A What we were talking about? 1 In the middle of Page 6. 2 CI Yeah. 2 A I'm looking at it 3 A Just the fact that much of what we 3 Q Did you search for any documents that you 4 anticipate that you're going to ask is protected by 4 believe would be responsive to these requests? 5 the work-product privilege and I told him I would 5 A I'm reading it Hold on 6 invoke it as I see necessary. 6 0 Well, let's go through It because it will 7 0 Mighty. Let me get down some basic 7 save time I think. 8 information. Is your full name Russell S. Adler? A Go ahead. 9 A Yes. 9 0 The first one: Did you look to see if you 10 0 Can I get your current address? 10 had documents evidencing any and all written 11 A I'm presently residing at 2200 South Ocean 11 communications between you and Bradley Edwards 12 Lane in Fort Lauderdale. 12 regarding any pending and/or contemplating litigation 13 0 Are you currently employed? 13 against Jeffrey Epstein from September 2008 to the 14 A Self-employed. 14 present? 15 0 What is the name of your business? 15 A Let me save you some time and paint with a 16 A Russell S. Adler, P.A. 16 broad brush. Any communications between myself or 17 0 And where Is your business address? 17 &ad Edwards - or I see you even have Scott Rothstein 18 A 401 East Las Olas Boulevard, Suite 1400. 18 listed in another one of these requests - during the 19 0 How long have you been with that firm as a 19 time that I was employed by the RRA firm is 20 self-employed attorney? 20 work-product privilege and I invoke that privilege 21 A Since November 2009. 21 and I will refuse to answer any questions concerning 22 Q What's your date of birth, sir? 22 any such communications. That privilege extends to 23 A 11/26/61. 23 any of these documents that you're requesting that 24 0 Are you taking any medications or anything 24 fits within those parameters. 25 that would impair your ability to testify truthfully 25 0 Well, let me — Page 6 Page 8 I today - 1 A As to Number 1. there is absolutely nothing 2 A No. 2 concerning this from, let's say, November or October 3 Q — or Impair your memory? 3 31st, 2009 through the present. 4 Did you see a Notice of Taking Deposition 4 As to anything from 2008 through November 5 with an attached subpoena for this deposition? 5 of 2009, that would be the time that I was employed 6 A I saw the subpoena. I don't know that I 6 by RRA and you are not entitled to those documents 7 ever saw the notice. 7 it in fact, they even exist because it's 8 0 Did you bring any documents with you today? 8 work-product privilege. 9 A No, 9 0 Well, let me ask you this question. You 10 0 DId you understand the subpoena to request 10 just said if, in fact, they even exist What I'm 11 that you bring documents? 11 asking you is, let's go back to my earlier questions: 12 A Please show it to me. 12 Did you look to see if you have any documents, 13 Q 'will. 13 whether or not they would be work-product, for that 14 A I may have read it I don't recall what it 14 period of time? 15 says as I sit here now. 15 A I don't even have access to those documents 16 (WHEREUPON. the document was marked as an 16 any more. They're the property of the bankruptcy 17 Plaintiffs Exhibit No. I for Identification and 17 trustee — 18 attached). 18 (WHEREUPON, an off-the-record discussion 19 A I guess you want me to look at the daces 19 was had). 20 team? 20 A First of all, you interrupted me in the 21 Q Please. Do you recall seeing that, sir? 21 middle of my answer to the question. 22 A Briefly. 22 0 rm sorry. She barged in. 23 0 Can you tell me on page - Well, its 23 A Let me finish, numbered Page 6 because it was numbered I guess as on 24 MRS. APRIL: How about you read it back? . attachment to a notice, but where it says "requests" 25 (WHEREUPON, the requested testimony was United Reporting, inc. 954-525-2221 EFTA00608538  3 (Pages 9 to 12) Page 9 Page 11 1 read back by the court reporter). 0 Dld you look to see if you have any? 2 THE WITNESS' They're the property of the 2 A No. But I was not even involved in Brad 3 bankruptcy Trustee. I don't even know if I'm 3 Edwards' compensation or benefits when he was hired 4 still a member of any QTASK process concerning 4 by RRA, so I know I don't have anything .. I know 5 these matters. 5 that there's nothing We that out there. And if 6 But in any event, the Trustee has made it 6 there is. I don't have access to it any way. 7 very clear that the files that were being 7 Q Lot me ask you about that for a minute. 8 handled by the firm are the property of the 8 When Brad Edwards -- You know Brad Edwards, I take 9 bankruptcy Trustee unless they have been 9 It, because you mentioned his name several times? 10 transferred out to another attorney, and they 10 A Yes 11 were not transferred to me. So. no. I do not 11 0 When did you first meet Brad Edwards? 12 have the right to see those files or access to 12 A Probably four or five years ago. 13 those files. 13 0 Where Old you meet him? 14 BY MRS. APRIL: 14 A At the gym. I'm sorry. He appeared - He 15 Q So you don't have them you're saying? 15 did some work on a case when he was with the Kubido, 16 A Correct 16 Draper firm. It was a personal injury case when he 17 0 Therefore, you cidn't look because you know 17 worked for Earleen Cote. 18 you don't have them? 18 0 Was that a case that you were involved in? 19 A Correct. 19 A Yes 20 Q I think, just to be clear, that you said 20 Q Were you on the same side? 21 anything from November 1st, 2009 to the present is 21 A No. 22 nothing that exists that's responsive to Number 1? 22 0 Ho was opposing counsel? 23 A Correct 23 A Defense counsel, yes. 24 0 Number 2, did you look to see If you had 24 0 Do you know what year that was? 25 any communications, and that would include e-malls, 25 A Nope. Page 10 Page 12 1 between you and Mr. Edwards about compensation or 1 0 About five years ago? 2 benefits that he expected or requested from the firm 2 A Approximately. 3 from September 2008 to October 31st 2000 — 3 0 And then you mentioned something about — 4 A There were no such communications — a A Wait a minute. Now, that would be probably Q Can I finish my question, sir? I know 5 seven or eight years ago now that I think about it. 6 you've been In depositions, right? 6 Sorry. 7 A Well, why don't you just ask me if I have 7 Q And Earleen Coat (pronouncing), is that the 8 anything responsive to Number 2? You don't have t0 B name you said? 9 read it to me on the record. I can read. 9 A C-o-t.e 10 Q Sir, this will go smoother and faster. I 10 Q She was at the time an attorney at Kubicki, 11 think I'm being courteous to you — 11 Draper? 12 A It will go a lot faster 12 A Still is 13 0 If you're not going to let me finish my 13 Q How did that case hum out? 14 questions, we're going to be here really long and I 19 A I don't even remember what case it was, so 5 have things to do also. 15 I can't tell you how it turned out. 16 A if you insist on reading everything to me 16 Q After that did you have any occasion to 17 that is right in front of me it is going to take 17 communicate with him before he joined RRA? And I'm 18 realty long. but I'm not going to tell you how to 18 going to use RRA for your former firm of Rothstein, 19 take your deposition. So, finish the question. 19 Rosenfeldt 8 Adler, If that's okay? 20 0 Thank you. Have you had a chance to look 20 A I would see him at the gym from time to 21 at Number 2? 21 time and we would have smalltalk. but that's about 22 A Yes. 22 it. 23 Q Do you have any documents that are 23 Q What gym was that? 24 responsive? 24 A It was the, I think it was called The 25 A No. 25 Fitness Company and it was ;Mated in the 110 Tower United Reporting, Inc. 954-525-2221 EFTA00608539  4 (Pages 13 to 16 Page 13 Page 15 1 across the street from the Broward County I told him about my practice group with the law firm 2 courthouse. 2 and we talked about the possibility of him joining 3 O During the time that you would see him at 3 the firm. 4 the gym and have smalltalk occasionally, did you ever 4 O What cases did he tell you he had? 5 have any conversations before or after the gym or did S A The Jeffrey Epstein cases 6 you ever meet with him for social activity? O Do you know how many there were at that 7 A No. Before he joined the firm, no. Or 7 time? 8 right before he — until right before he joined the 8 A I don't recall 9 firm, no. 9 Q Were there more than three? 10 Q From the time that you met him when he 10 A I believe so, but I'm not positive. 11 worked at Kubickl, Draper, other than seeing him at 11 O Do you know how any of them were 12 the gym occasionally, you had no communication with 12 designated, In other words, how they were named in 13 tern until he joined the firm, is that correct? 13 the court files? 19 A Until soon before he joined the firm, 14 A We didn't discuss that level of detail. 15 correct. 15 O What did he tell you the cases — what did 16 O Can you tell me, as best as you can recall, 16 he tell you was the basis of the cases? 17 how he was recruited or it he was recruited to join 17 A He told me that he represented several 18 the firm? 18 young girls who were - I'm not sure if he used the 19 A He was not recruited to join. Well, I'll 19 word "molested," but that's the word that slicks in 20 tell you what happened, because that's subject to 20 my mind - molested by Jeffrey Epstein. 21 interpretation. 21 O Did you know who Jeffrey Epstein was at 22 I received a large verdict in a sexual 22 that time? 23 abuse case in Palm Beach County and it was in the 23 A No 24 newspaper. Brad called me and said that, I read 24 O Did he explain to you who Jeffmy Epstein 25 about your verdict. And he told me that he had some 25 was? Page 14 1 sexual abuse cases as well. 1 A Briefly. 2 And I told him, I said, Let's have lunch, 2 O How long did you meet, was it just a lunch 3 because I was looking for -- I was always cc the 3 hour? 4 look-Out for lawyers who I would potentially lie to A Correct. 5 work with and bring into the tort practice group at 5 O Did he tell you how far along In discovery 6 the law firm. And so, we had lunch. 6 he was in those cases? 7 O And was anyone else at the lunch? 7 A I don't believe so. I think we just spoke 8 A Nope 8 about them generally. 9 O What was the case that you got the large 9 CI Did he tell you what he thought they were 10 verdict in, if you remember? 10 valued at? 11 A It was called Doe o- Jane Doe. 11 A I don't think he did, no 12 S-i-r-i-w-a-t. 12 O Prior to that lunch, when you would see him 13 O How large was the verdict? 13 at the gym, did you ever know that he worked on those 14 A $24 million. 19 kinds of cases? 15 Q Did Christina Kitterman also work on that 15 A No. I knew that at some point he had left 16 case? 16 Kubicki, Draper and he was in solo practice, but I 17 A She brought the case in. She did very 17 didn't know really anything else about what kind of 18 little on that file, if anything. I did pretty much 18 cases he was handling. 19 all the work. 19 O From your experience with him or observing 20 O So you had lunch with Brad Edwards. Where 20 his work at Kublckl, Draper, did you think he was a 21 did you have lunch? 21 good lamer? 22 A Yolo. 22 A Yes. 23 O Can you tell me what the discussion 23 Q Or, did you have an opinion about his legal 24 consisted of? 24 skills? 25 A He told me a little bit about his cases, l 25 A It was more that I liked the guy and I United Reporting, Inc. 954-525-2221 EFTA00608540  5 (Pages 17 to 20 Page 17 Page 19 1 thought he was really sharp. I didn't have that many 1 Q Did you tell Scott Rothstein that you had 2 dealings with him during that case that I could. you 2 had a meeting with Brad Edwards? 3 know, in order to measure his skills as a lawyer. 3 A I'm sure I did at some point, yeah. 4 0 Was It your impression during the lunch 4 Q Did you recommend that Scott consider 5 meeting with Brad that he might be Interested in 5 offering him a position? 6 joining with the firm, with your firm? 6 A Yes. 7 A At the time, yes. 7 CI What is the next thing you recall about 8 0 Did he tell you he was interested In doing 8 Brad joining the firm, did Brad tell you he made an 9 that? 9 appointment with Scott? 10 A I think he was interested at that point. 10 A I don't recall that, but I do recall he 11 sure. 11 joined the firrn. 12 Q What did you tell him about the prospects 12 Q What month was it or what year and month 13 of his being offered an opportunity to join your 13 was it that you had the lunch meeting? 14 firm? 14 A I don't remember. 15 A I believe I told him I'd -- 15 0 Do you know if Brad Edwards joined the firm 16 MR. KING: Let me interpose an objection 16 In 2009? 17 here. If there were any discussions at all 17 A I don't remember. 18 relating to compensation then we're going to 18 Q Do you know what day Rothstein, Rosenfeldt 19 invoke the financial and privacy privilege. 19 & Adler stopped doing business? 20 MRS. APRIL That is that privilege since I 20 A Well, we found out that there was a problem 21 cannot find it and I've seen it invoked in Mr. 21 on Halloween, October 31st, 2009. The day that the 22 Edwards' deposition. Do you have some authority 22 entity formally stopped doing business I'm not clear 23 for that? 23 on, because a Trustee was appointed and then a 24 MR. KING: It is well-recognized that 24 bankruptcy Trustee was appointed. And I don't know 25 parties have a right to protect financial 25 the exact definition of operations. so I can't tell Page 18 Page 20 1 privilege unless -- financial information unless 1 you any more than that 2 it Is otherwise deemed relevant. And we'll take 2 • Let's use Halloween as close enough. But 3 that position — 3 as a practical matter, you stopped working there on 4 THE WITNESS: Wet hold on a second. Let 4 or about Halloween of 2009? 5 me save you some time, okay? I didn't discuss 5 A I stayed, I stayed around for a few more 6 compensation with him, 6 weeks because I had to try and wind things up in 7 BY MRS. APRIL: 7 transition and everything happened very suddenly and 0 I don't think I even asked you that question B it was very shocking to everybody. So, I stayed 9 yet whichIs why I wanted to go back. 9 around for a couple of weeks until I made 10 A It could have been part of an answer in 10 arrangements to go into solo practice. 11 fairness. 11 O Do you recall testifying at another 12 MRS. APRIL: I think the objection is 12 deposition taken by Charles Lichtman in a case called 13 premature and in the nature of coaching, with 13 in Re: Rothstein, Rosenfeldt 8 Adler," the 14 all due respect. So, could you read my question 14 bankruptcy case? 15 back and maybe you could answer it without 15 A Yes. My deposition, yes. 16 disclosing anything that you think is 16 O Do you remember Mr. Lichtman asking you 17 improper. 17 whether you thought that Brad Edwards had joined the 18 (WHEREUPON, the last question was read 18 firm around June of 2009? 19 back by the court reporter). 19 A I don't recall that specific question and 20 A I told him I was interested in bringing him 20 answer, if you want to show it to me. But if it's in 21 in and that he should make an appointment to come in 21 the deposition transcript, I, obviously, was asked 22 and meet with Rothstein. 22 about it. 23 Q Is that how you kith it when you ended your 23 Q But you don't actually know when he joined? 24 lunch? 24 A I don't recall the specific year that he 25 A I believe so. yes. 75 joined, and I'm being very careful because I'm under United Reporting, Inc. 954-525-2221 EFTA00608541  6 (Pages 21 to 2 4) Page 21 Page 23 1 oath today. documents or communications then show me the 2 Q Yes, you are. document mark it, and I will answer your questions 3 A I really don't know if it was late-O8. if I know the answer. 4 early-'O9 or what the date was. You probably know O Have you talked to Brad Edwards about the 5 about it. though. 5 fact that he has been sued by Jeffrey Epstein In the 6 O Well, If I told you that I had seen 6 case that we're here on today, which is Jeffrey 7 communications between RRA lawyers, Including Brad 7 Epstein vs. Scott Rothstein and Bradley Edwards, et 8 Edwards, that are starting in April of 2009, does 8 al? 9 that refresh your memory at all? 9 A Yes, briefly. 10 A With all due respect, you represent Mr. 10 Q What did he say to you and what did you say 11 Epstein and I'm not going to take anything that you 11 to him? 12 tell me as the truth, especially if you're not going 12 A After he was sued, he told me about the 13 to be showing me documents. So, don't ask me to 13 lawsuit and that he was being sued. That was about 14 confirm communications that you claim to have without 14 all we talked about at that time. And then I 15 showing them to me. rm not doing that. 15 recently spoke with him about my upcoming deposition 16 O You don't know? Your best recollection is 16 for the same purpose I just mentioned to his lawyer, 17 late-013 or sometime in the early part of '09, Is 17 because after I was subpoenaed for deposition I 18 that What I understood your last — 18 called him and told him that I believe that 19 Sir, can l ask you to not — 19 everything that we did at the law firm during the 20 A Yes. 20 pendency and handling of that case is work-product 21 Q tf you want to take a break or make phone 21 privilege and I intend to invoke that privilege and 22 calls or do whatever you're doing on your phone, I'm 22 refuse to answer any questions encompassed by that 23 fine with that, but I would appreciate your giving us 23 privilege unless ordered to do so by the judge. 24 your attention. 24 CI You say "that case." What case are you 25 A I'm sorry. I just told someone to slop 25 referring to, sir? Page 22 Page 24 I testing me, to leave me alone. 1 A What do you mean that case? What was your question? 2 O You just made a statement that Included a 3 O You are under oath and this is testimony. 3 reference, to quote, that case. 4 MRS. APRIL: You want to read back the 4 THE WITNESS: Can you read back my answer, 5 last question? 5 please? 6 (WHEREUPON, the requested testimony was 6 (WHEREUPON, the requested testimony was 7 read back by the court reporter). 7 read back by the court reporter). 8 THE WITNESS: I don't have a specific 8 A To answer your question - and I apologize • 9 recollection as I sit here today. If I gave a 9 I was referring to the lawsuits against Jeffrey 10 more exact answer under oath in my deposition in 10 Epstein that Brad Edwards was handling both before he 11 a Trustee case then that was my sworn testimony 11 joined the RRA firm and after 12 at the time and it is what it is. 12 Q Earlier in your testimony you mentioned 13 BY MRS. APRIL: 13 that you couldn't remember the exact style of those 14 O You made a comment a moment ago that you 14 suits or the exact amount, the number of suits. Were 15 don't trust me because I represent Mc Epstein. Can 15 there additional suits filed against Jeffrey Epstein 16 I ask you what that has to do with whether — Have 16 by your firm after Brad Edwards joined the firm, 17 you ever met me before today? 17 whenever that was? 18 A It has nothing to do with you personally or 18 A I don't recall, because I had very little 19 even Mr. Epstein. You are taking my deposition in 19 involvement in those cases at all. They were Brad's 20 litigation that I am not a party to. 20 cases when he joined the firm and they remained 21 Q That's right. 21 Brad's cases after he joined the firm. I was merely 22 A I'm not going to take any lawyers word 22 the head of the Tort Litigation Division and in an 23 that they've seen something that they haven't even 23 administrative capacity. I don't think I did much of 24 shown me to use that as the basis for asking me 24 anything in any of those Epstein cases, and that's 25 questions. ff you want to ask me about specific 25 why I don't remember or I cannot tell you about the United Reporting, Inc. 954-525-2221 EFTA00608542  7 (Pages 25 to 28) Page 25 Page 27 details you're asking 1 A I don't. but I'm happy to look at what O Your position is: If you did talk to Brad 2 you're refernng to if you would like to show it to Edwards about cases against Jeffrey Epstein during 3 me. the time that you both worked at RRA that they're 4 O I'm going to draw your attention to Page subject, those conversations, to a work-product 5 131 and 132 of the deposition of Russell Adler taken 6 privilege, right? 6 October 28th, 2010 by Charles Lichtman. 7 A Absolutely. 7 Rather than read it to you, because that 8 Q Have you read the complaint or the amended 8 would make the record long, I'm going to ask you to 9 complaint filed by Jeffrey Epstein against Brad 9 start looking at: "Did you have any involvement in 10 Edwards? 10 11 A No 11 MR. KING: Let me look over your shoulder. 12 O Have you read Brad Edwards' deposition 12 You don't have an extra copy, do you? 13 given in that case? 13 MRS. APRIL: Not that's not marked up. 14 A Are you talking about in this case? 14 A I've read the portions that you asked me to 15 O In this case? 15 read and, now, I recall a little more detail. 16 A No 16 0 Do you remember Scott Rothstein calling you 17 0 Did Brad Edwards talk to you at all about 17 and Mr. Edwards and Gary Farmer and perhaps others Is questions he was asked during his deposition in this 18 into your office - 19 case? 19 A Into his office? 20 A No. 20 Q - into his office to ask you questions? 21 Q You mentioned that you had these couple of 21 A Yes. 22 conversations with Mr. Edwards concerning this case 22 CI And you recall testifying - now that you've 23 once when he told you he had been sued by Jeffrey 23 looked at this - that you wanted to know about 24 Epstein and then more recently when you said you 24 whether or not a particular statute applied to a 25 were — you told him you were going to be deposed? 25 sexual abuse case? Page 26 Page 2E 1 A Correct. 1 A I remember exactly what I said — 2 0 flat did he say to you in response to your 2 MR. KING: Let me interpose an objection. 3 remarks? 3 I didn't mean to cut you off. I want you to 4 A He just agreed with me that any questions 4 complete your answer. 5 you ask me about any communications, thoughts, 5 A I am not sure if at this point because of 6 discussions or, basically, anything else we did while 6 my testimony in the Trustee case it is still 7 at the RRA firm handling those cases is work-product 7 work-product or not work-product. Suffice it to say, privilege. That was it. 8 I do remember asking (sic) the questions and 9 0 In your view, was the communication that 9 answering them to the best of my ability in my 10 was held between you and Scott Rothstein, Brad 10 deposition on the pages that you referenced and I 11 Edwards and several other attorneys at a conference 11 stand by that testimony. Although, as to this case, 12 in Mr. Rothstein's office where boxes were in the 12 I am unsure as to whether or not that is work-product 13 room from the Epstein cases, was that conversation 13 privilege. 14 privileged? Do you remember there being such a 14 MR. KING: And we would assert it to the 15 conversation, let me ask you that? 15 extent that you intend to pursue it. 16 A I'm thinking. I remember a conference in 16 MRS. APRIL: I'm sorry. I didn't 17 Rothstein's office soon before -- soon before October 17 understand your — 18 31st sometime I think during that month. I do not 18 MR. KING: We would Intend to assert the 19 recall boxes from the Epstein case being present. If 19 work-product doctrine to the extent that you 20 they were, I didn't — I wasn't aware of that at the 20 intend to pursue it beyond the question you just 21 time. But if it was about that case. then it's 21 asked relating to whether or not his testimony 22 absolutely work-product privilege. 22 was his testimony. 23 0 Do you remember testifying about the 23 A And I will point out that that testimony 24 subject matter of the discussion in your deposition 24 was given in a deposition where I was being sued by 25 taken by Mr. Uchbnan in the bankruptcy case? 25 the Trustee that stands in the shoes of RRA. And United Reporting, Inc. 954-525-2221 EFTA00608543  8 (Pages 29 to 32 Page 29 Page 31 1 it's my understanding that. by order of Judge Rey, 1 A Frankly, I don't remember how I recalled 2 all privileges, work-product, attorney-client are 2 that they were Epstein files. I mean, do I 3 preserved and that's catty I am not comfortable 3 specifically recall looking at the labels on it or 4 testifying openly in this deposition about those 4 maybe there was writing on the boxes that they were 5 dealings and conversations in light of who the 5 In? I just don't recall those details. I'm sorry 6 parties are in this case. 6 O When you're talking about boxes, are you 7 In other words. I still think there is a 7 referring to standard sort of banker's box that law 8 work-product privilege as to Mr. Epstein. And. if 8 firms keep files in? 9 I'm wrong, then the circuit judge in this case can 9 A Yes. 10 tell me so and order me to tee you more. 10 Q Do you know whether there were a large 11 Q You mentioned that there was an order of 11 number of boxes or a small number? 12 Judge Rey In connection wtth the case where the 12 A I don't remember whether or not I counted 13 bankruptcy Trustee sued you and your wife was sued in 13 the boxes. I probably didn't. 14 that case, too, right? 14 O Do you think there were more than two? 15 A Yes. 15 A Probably. 16 O Do you know specifically when that order 16 Q Do you think there could have been as many 17 was entered whore Judge Roy said that? 17 as 19? 18 A I just have a recollection of knowing that 18 A I really don't know. I am not comfortable 19 in the main bankruptcy case, of which the adversary 19 even giving an approximation under oath concerning 20 case against me was an offshoot. In the main 20 the number, the specific number of boxes. 21 bankruptcy case there was a ruling that the Trustee 21 O So you have no idea whether there were - 22 stood in the shoes of the law km and that all 22 Do you know how they were set up in the roan; were 23 privileges were preserved. because I guess that's 23 they on the table, on the floor, on the credenza? 24 what happens when a Trustee lakes over a law firm. 24 A I just remember seeing boxes on the 75 Cl Who represented you in that case? 25 floor. Page 30 Page 32 1 A In the bankruptcy adversary case? 1 Q Were they stacked up on the floor or were 2 O Yes. Did Mr. Haddad represent you there as 2 they spread around so that one could — 3 well? 3 A I do not have that level of detail in my 4 A Mr. Haddad represented me in that and I was 4 recollection. I'm sorry. 5 also represented by a few other lawyers. 5 O Were you surprised that the boxes were In 6 O Do you know who they were? 6 Scott's office? 7 A Jason Slatkin, S-I-a-t-k-i-n, represented 7 A I was either surprised or perplexed, or 8 me for most of the case. Before him, Tom Messana, 8 both. 9 M-e-s-s-a-n-a, represented me. 9 O Do you recall if anybody who was in 10 O Well, let me ask you this: Now that you've 10 attendance at that time looked at any papers In the 11 looked at these couple of pages, irrespective of 11 boxes, Including Scott? 12 work-product privilege, do you recall that Scott had 12 A During that meeting? 13 Epstein files in his office at the meeting you 13 O Yes. 19 described? 14 A I don't think anyone — I don't recall 15 A I recalled it at the prior deposition that 15 seeing anyone pull anything out of boxes and start 16 you have shown me and I now recall it a little better 16 looking through files at that meeting. We sat at a 17 from reading it 17 table and there was a discussion. 18 Q So there were Epstein boxes in Scott's 18 CI Now, I'm a little unclear about the 19 room? 19 position you're taking on work-product or whether 20 A Apparently, in his office. Apparently, 20 it's waived or whether it's preserved, so I'm going 21 there were and that's what I testified to in my prior 21 to ask you some questions. And if you think there's 22 deposition. 22 some privilege, I'm sure you'll toll me. 23 O Today rm asking you, do you remember 23 A Okay. How did you know they wore Epstein files? 24 O Did Scott Rothstein tell you during that That's a different question. It wasn't asked before. 25 meeting that the questions that he was asking you had United Reporting, Inc. 954-525-2221 EFTA00608544  9 (Pages 33 to 36) Page 33 Page 35 1 something to do with the Epstein cases? 1 me. Strike that. 2 MR. KING. We'll assert the work-product 2 Do you recall, did you testify — Since 3 doctrine to any conversations occurring during 3 October 31st, 2009, have you testified In any other 4 the course of that meeting. 4 lawsuits, you, as a witness? 5 A But as to whether they pertain to Epstein 5 A No. Other than the adversary case against 6 at all — 6 me no. 7 MR. KING: Because even the failure to Q Have you settled that case? a associate a particular statement with a 8 A Yes. 9 conversation could have significance from a 9 Q So let me be clear on this, because I do 10 work-product standpoint, so we'll assert the 10 not know that it would be fruitful to go through a 11 work-product doctrine.