Scott W. Rothstein
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Scott W. Rothstein (born June 10, 1962) is an American disbarred lawyer, convicted felon, and the former managing shareholder, chairman, and
chief executive officer A chief executive officer (CEO), also known as a central executive officer (CEO), chief administrator officer (CAO) or just chief executive (CE), is one of a number of corporate executives charged with the management of an organization especially ...
of the now-defunct Rothstein Rosenfeldt Adler
law firm A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to r ...
. He funded an extravagant lifestyle with a $1.2 billion
Ponzi scheme A Ponzi scheme (, ) is a form of fraud that lures investors and pays profits to earlier investors with funds from more recent investors. Named after Italian businessman Charles Ponzi, the scheme leads victims to believe that profits are comin ...
, one of the largest such in history. On December 1, 2009, Rothstein turned himself in to authorities and was subsequently arrested on charges related to the
Racketeer Influenced and Corrupt Organizations Act The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. RICO was en ...
(RICO). Although his arraignment plea was not guilty, Rothstein reversed his plea to guilty of five federal crimes on January 27, 2010. Rothstein was denied bond by U.S. Magistrate Judge Robin Rosenbaum, who ruled that due to his ability to forge documents, he was considered a flight risk. He was sentenced to 50 years in federal prison.


Overview

On June 9, 2010, Rothstein received a 50-year prison sentence after a hearing in federal court in Fort Lauderdale, although federal prosecutors initially filed a motion notifying the court they would be seeking a sentence reduction for Rothstein. His firm had 70 lawyers and 150 employees, with offices in
Boca Raton Boca Raton ( ; es, Boca Ratón, link=no, ) is a city in Palm Beach County, Florida, United States. It was first incorporated on August 2, 1924, as "Bocaratone," and then incorporated as "Boca Raton" in 1925. The population was 97,422 in the ...
,
West Palm Beach West or Occident is one of the four cardinal directions or points of the compass. It is the opposite direction from east and is the direction in which the Sunset, Sun sets on the Earth. Etymology The word "west" is a Germanic languages, German ...
,
Fort Lauderdale A fortification is a military construction or building designed for the defense of territories in warfare, and is also used to establish rule in a region during peacetime. The term is derived from Latin ''fortis'' ("strong") and ''facere'' ...
,
Miami Miami ( ), officially the City of Miami, known as "the 305", "The Magic City", and "Gateway to the Americas", is a East Coast of the United States, coastal metropolis and the County seat, county seat of Miami-Dade County, Florida, Miami-Dade C ...
,
Tallahassee Tallahassee ( ) is the capital city of the U.S. state of Florida. It is the county seat and only incorporated municipality in Leon County. Tallahassee became the capital of Florida, then the Florida Territory, in 1824. In 2020, the population ...
,
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
,
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and
Caracas, Venezuela Caracas (, ), officially Santiago de León de Caracas, abbreviated as CCS, is the capital and largest city of Venezuela, and the center of the Metropolitan Region of Caracas (or Greater Caracas). Caracas is located along the Guaire River in the ...
. The firm focused on labor and employment matters,
civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of ...
,
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
,
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,
corporate espionage Industrial espionage, economic espionage, corporate spying, or corporate espionage is a form of espionage conducted for commercial purposes instead of purely national security. While political espionage is conducted or orchestrated by governmen ...
,
personal injury Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit (t ...
,
wrongful death Wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm, l ...
, commercial
litigation - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
,
real estate Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more general ...
,
mergers and acquisitions Mergers and acquisitions (M&A) are business transactions in which the ownership of companies, other business organizations, or their operating units are transferred to or consolidated with another company or business organization. As an aspect ...
, and governmental relations. His client list included
Citicorp Citigroup Inc. or Citi (Style (visual arts), stylized as citi) is an American multinational investment banking, investment bank and financial services corporation headquartered in New York City. The company was formed by the merger of banking ...
, J. C. Penney, Ed Morse Automotive Group,
National Beverage National Beverage Corp. is an American beverage developer, manufacturer, and distributor based in Fort Lauderdale, Florida, focused on flavored soft drinks, with its most noted brands being La Croix, Shasta, and Faygo. History The company was f ...
, Silversea Cruise Lines, Supra Telecom, and
Wells Fargo Wells Fargo & Company is an American multinational financial services company with corporate headquarters in San Francisco, California; operational headquarters in Manhattan; and managerial offices throughout the United States and intern ...
. Until he was permanently disbarred by the Florida Supreme Court on November 25, 2009, Rothstein was a member of the
Florida Bar The Florida Bar is the integrated bar association for the state of Florida. It is the third largest such bar in the United States. Its duties include the regulation and discipline of attorneys. The Florida Bar is also responsible for the governi ...
and admitted by the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. He had been given an AV Preeminent peer review rating by
Martindale-Hubbell Martindale-Hubbell is an information services company to the legal profession that was founded in 1868. The company publishes the ''Martindale-Hubbell Law Directory'', which provides background information on lawyers and law firms in the United S ...
. On November 3, 2009,
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...
and
United States Department of the Treasury The Department of the Treasury (USDT) is the national treasury and finance department of the federal government of the United States, where it serves as an executive department. The department oversees the Bureau of Engraving and Printing and t ...
agents served a warrant to search the firm's Fort Lauderdale offices. Rothstein sent an email in recent weeks to firm lawyers asking them to investigate which countries refused to extradite criminal suspects to either the U.S. or
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
, and firm lawyers responded that
Morocco Morocco (),, ) officially the Kingdom of Morocco, is the westernmost country in the Maghreb region of North Africa. It overlooks the Mediterranean Sea to the north and the Atlantic Ocean to the west, and has land borders with Algeria to ...
is one such country. Rothstein had wired $16 million to an individual in Casablanca and left for
Casablanca Casablanca, also known in Arabic as Dar al-Bayda ( ar, الدَّار الْبَيْضَاء, al-Dār al-Bayḍāʾ, ; ber, ⴹⴹⴰⵕⵍⴱⵉⴹⴰ, ḍḍaṛlbiḍa, : "White House") is the largest city in Morocco and the country's econom ...
on October 26, 2009. On October 31, 2009, he sent a
suicide Suicide is the act of intentionally causing one's own death. Mental disorders (including depression, bipolar disorder, schizophrenia, personality disorders, anxiety disorders), physical disorders (such as chronic fatigue syndrome), and s ...
text message Text messaging, or texting, is the act of composing and sending electronic messages, typically consisting of alphabetic and numeric characters, between two or more users of mobile devices, desktops/ laptops, or another type of compatible comput ...
note to all of his law partners:
Sorry for letting you all down. I am a fool. I thought I could fix it, but got trapped by my ego and refusal to fail, and now all I have accomplished is hurting the people I love. Please take care of yourselves and please protect Kimmie othstein's wife She knew nothing. Neither did she, nor any of you deserve what I did. I hope God allows me to see you on the other side. Love, Scott.
On November 3, 2009, after many texts from Stuart Rosenfeldt, the president of the firm, urging him to "choose life", Rothstein returned to Fort Lauderdale on a chartered jet, from
Casablanca Casablanca, also known in Arabic as Dar al-Bayda ( ar, الدَّار الْبَيْضَاء, al-Dār al-Bayḍāʾ, ; ber, ⴹⴹⴰⵕⵍⴱⵉⴹⴰ, ḍḍaṛlbiḍa, : "White House") is the largest city in Morocco and the country's econom ...
. On November 2, his law firm with only $117,000 in its operating account filed suit against him, asked a judge to dissolve the firm, accusing him of misappropriating hundreds of millions of dollars from investor trust accounts in a Ponzi scheme from an investment business he covertly ran out of his law office. In 2009, Rothstein resided at the
Federal Detention Center, Miami The Federal Detention Center, Miami (FDC Miami) is a prison operated by the Federal Bureau of Prisons. It is located in downtown Miami, at the corner of Northeast Fourth Street and North Miami Avenue. The administrative facility employed 311 staff ...
in
Downtown Miami Downtown Miami is the urban city center of Miami, Florida. The city's greater downtown region consists of the Central Business District, Brickell, the Historic District, Government Center, the Arts & Entertainment District, and Park West. It ...
, but was later moved to an undisclosed location and his inmate number removed from the
Federal Bureau of Prisons The Federal Bureau of Prisons (BOP) is a United States federal law enforcement agency under the Department of Justice that is responsible for the care, custody, and control of incarcerated individuals who have committed federal crimes; that i ...
inmate locator webpage.


Background and career

Rothstein was born in the
Bronx The Bronx () is a borough of New York City, coextensive with Bronx County, in the state of New York. It is south of Westchester County; north and east of the New York City borough of Manhattan, across the Harlem River; and north of the New Y ...
and moved with his parents to
Lauderhill, Florida Lauderhill, officially the City of Lauderhill, is a city in Broward County, Florida, United States. As of the 2020 census,the city's population was 74,482. It is a principal city of the Miami metropolitan area, which was home to an estimated 6,01 ...
as a teenager. A 1988 Juris Doctor graduate of Fort Lauderdale's
Nova Southeastern University Nova Southeastern University (NSU or, informally, Nova) is a private nonprofit research university with its main campus in Davie, Florida. The university consists of 14 total colleges, centers, and schools offering over 150 programs of study. ...
's Law School, the
Shepard Broad College of Law Shepard Broad College of Law (also referred to as NSU Law and Nova Law) is the law school of Nova Southeastern University, located on the university's main campus in Davie, Florida. The school offers full-time day and part-time evening programs. ...
, and a 1984 Bachelor of Arts graduate of
University of Florida The University of Florida (Florida or UF) is a public land-grant research university in Gainesville, Florida. It is a senior member of the State University System of Florida, traces its origins to 1853, and has operated continuously on its ...
, Rothstein's law career began in 1988 and, for nearly fifteen years, he was relatively unknown. In the early 1990s, Rothstein first partnered with attorney Howard Kusnick. First located in Plantation, Florida, Kusnick & Rothstein, P.A. subsequently moved to Ft. Lauderdale. In 2000, Rothstein joined with Rosenfeldt as a name partner at the Hollywood firm, Phillips Eisinger Koss & Rosenfeldt, P.A., which became known as Phillips Eisinger Koss Rothstein & Rosenfeldt, P.A. In February 2002, Rothstein and Rosenfeldt started their own firm, first known as Rothstein & Rosenfeldt, P.A. Within a month, Pancier was added as a name partner. In July, 2002, adding Susan Dolin, a well-regarded employment lawyer, the firm became known as Rothstein, Rosenfeldt, Dolin & Pancier, P.A. In late 2004, the firm became known simply as Rothstein Rosenfeldt, with Adler being added in March 2005. Melissa Britt Lewis, who was murdered in March, 2008, was with Rothstein from the firm's beginning. In seven years, he and his partners expanded the firm to 70 lawyers, including former Boca Raton Mayor and sitting
Palm Beach County Palm Beach County is a county located in the southeastern part of Florida and lies directly north of Broward County and Miami-Dade County. The county had a population of 1,492,191 as of the 2020 census, making it the third-most populous county ...
Commissioner Steve Abrams; former judges Julio Gonzalez, Barry Stone, and former Palm Beach circuit judge, William Berger; TV and radio legal commentator and former prosecutor, Ken Padowitz; Carlos Reyes, former South Broward Hospital District commissioner and lobbyist; Arthur Neiwirth, a bankruptcy expert; and Les Stracher, former legal counsel for Morse Auto Group, who represents major auto dealers.


Recent

On September 8, 2011, U.S. District Judge James I. Cohn granted the government's motion to prohibit videotaping Rothstein during a scheduled deposition of him, citing "serious harm" and "security reasons that are unusual in nature." The exact reasons for the judge's decision were sealed. On June 8, 2011, federal prosecutors filed a motion with the sentencing judge informing him that they would be asking for a sentence reduction for Rothstein. However, on September 26, 2017, prosecutors withdrew their motion for a reduced sentence, saying that he had provided "false material information" in violation of his plea agreement.


Appointment

In August 2008, Governor Crist appointed Rothstein as a member of the 4th District Court of Appeal
Judicial nominating commission A judicial nominating commission (also judicial nominating committee, judicial nominating board) in the United States, is a body used by some U.S. states to recommend or select potential justices and judges for appointments by state governments. Ju ...
, a body which is responsible for selecting new judges for appointment to the Court.


Personal life

An observant Jew, Rothstein grew up in a small Bronx apartment, sharing a bedroom with his sister. His father was a salesman "back in the days when you carried a bag up and down the streets of New York." The family moved to
Lauderhill, Florida Lauderhill, officially the City of Lauderhill, is a city in Broward County, Florida, United States. As of the 2020 census,the city's population was 74,482. It is a principal city of the Miami metropolitan area, which was home to an estimated 6,01 ...
in 1977. His grandmother used her life savings to help put him through school. "I grew up poor. I'm a lunatic about money." Rothstein was a large contributor to a synagogue off Las Olas with his name affixed to the front facade: The Rothstein Family Downtown Jewish Center Chabad. Rabbi Schneur Kaplan is one of the two people who talked Rothstein out of committing suicide. He invested in residential property. In 2003, he paid $1.2 million for an intracoastal waterfront house on Castilla Isle in Fort Lauderdale. In March 2005, he bought a neighboring home belonging to
Miami Dolphins The Miami Dolphins are a professional American football team based in the Miami metropolitan area. They compete in the National Football League (NFL) as a member team of the league's American Football Conference (AFC) East division. The team pla ...
'
Ricky Williams Errick Miron (born Errick Lynne Williams Jr.; May 21, 1977) is an American former football running back who played 11 seasons in the National Football League (NFL) and one season in the Canadian Football League (CFL). After playing baseball an ...
for $2.73 million. While living in Williams' old house, he purchased two other homes on the street and three other homes in Broward for a total residential investment of nearly $20 million. "They call me the king of Castilla." In 2008, he purchased a $6.45 million waterfront gated Fort Lauderdale home, a $6 million condo in New York in the same building as
Marc Dreier Marc Stuart Dreier (born May 12, 1950) is an American former lawyer who was sentenced to 20 years in federal prison in 2009 for committing investment fraud using a Ponzi scheme. He is scheduled to be released from FCI Sandstone on October 26, 2 ...
, and a $2.8 million oceanfront estate in
Narragansett, Rhode Island Narragansett is a town in Washington County, Rhode Island, United States. The population was 14,532 at the 2020 census. However, during the summer months the town's population more than doubles to near 34,000. The town of Narragansett occupies ...
. His second wife, Kimberly Wendell Rothstein, a 35-year-old real-estate agent, helped manage his properties, which also include part-ownership of an office building in
Pompano Beach Pompano Beach ( ) is a city in Broward County, Florida, United States. It is located along the coast of the Atlantic Ocean, just north of Fort Lauderdale. The nearby Hillsboro Inlet forms part of the Atlantic Intracoastal Waterway. As of the 2020 ...
. He and Bova also owned Bova Ristorante, formerly long-time generational Italian family-owned Mario's of Boca, which shut down October 18, 2009. Bova Prime, formerly Riley McDermott's, on Las Olas Boulevard is still operating. On September 11, 2008, the day before Rothstein took ownership, a dispute involving firearms broke out at Riley McDermott's involving Rothstein's security personnel. He owns parts of an internet technology called company Qtask and V Georgio Spirits Co., LLC with CEO Vie Harvey and the Renato watch company, with partner, Ovi Levy. Levy is the son of hotelier Shimon Levy, who spent a year in prison in
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
after hiding a criminal kingpin, suspected of two murders. Rothstein at one time was a minority shareholder of Edify LLC, a health-care benefits consulting company. State Representative Evan Jenne-D-Dania Beach is a $30,000 company consultant, who previously worked a local bank. Rothstein hired Jenne's father, former sheriff and convicted felon,
Ken Jenne Kenneth C. Jenne II (born December 1, 1946) is a former Democratic Party (United States), Democratic member of the Florida legislature, Florida State Senate and a former sheriff of Broward County, which encompasses Fort Lauderdale. He resigned a ...
, as a consultant at his law firm days after Jenne was released from prison on corruption charges. An attorney for Rothstein's law firm serves as the registered agent for Evan Jenne's company, Blue Banyan. Grant Smith, a lifelong friend of Evan Jenne's, is an Edify lobbyist. Edify has worked closely with the state Department of Health to develop wellness programs and also influences certain health-care legislation.


"The Great Gatsby"

In the 2008 interview at his law firm, Rothstein described himself and told how he controlled all aspects of the firm's management:
This is where the evil happens. Look, I sleep in the bed I make. I tend toward the flashy side, but it's a persona. It's just a fucking persona. ... People ask me, 'When do you sleep?' I say I'll sleep when I'm dead. I'm a true
Gemini Gemini may refer to: Space * Gemini (constellation), one of the constellations of the zodiac ** Gemini in Chinese astronomy * Project Gemini, the second U.S. crewed spaceflight program * Gemini Observatory, consisting of telescopes in the Northern ...
. I joke around that there are 43 people living in my head and you never know what you're going to get. There are some philanthropists in there, some good lawyers, and I like to think some good businessmen. There are also some guys from the streets of the Bronx that stay hidden away until I need them. Does that sound crazy? I am crazy, but crazy in a good way.
His personal office was opulent, with security and a compartmentalized layout. Anyone entering Rothstein's suite of offices had to use an intercom. He could exit, unseen through a second door. In the hallway, an ordinary looking brown door is actually the elevator door. Dozens of surveillance cameras and microphones hang from office ceilings. On his desk: four computer screens and the
Five Books of Moses The Torah (; hbo, ''Tōrā'', "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. In that sense, Torah means the sa ...
. He had a
Boeing 727 The Boeing 727 is an American narrow-body airliner that was developed and produced by Boeing Commercial Airplanes. After the heavy 707 quad-jet was introduced in 1958, Boeing addressed the demand for shorter flight lengths from smaller airpo ...
jet and in 2002, flew
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
,
Kevin Spacey Kevin Spacey Fowler (born July 26, 1959) is an American actor. He began his career as a stage actor during the 1980s, obtaining supporting roles before gaining a leading man status in film and television. Spacey has received various accolades ...
, and
Chris Tucker Christopher Tucker (born August 31, 1971) is an American actor and comedian. Tucker made his debut in 1992 as a stand-up performer on the HBO comedy series ''Def Comedy Jam'', where he frequently appeared on the show during the 1990s. He app ...
to
Africa Africa is the world's second-largest and second-most populous continent, after Asia in both cases. At about 30.3 million km2 (11.7 million square miles) including adjacent islands, it covers 6% of Earth's total surface area ...
on an anti-
AIDS Human immunodeficiency virus infection and acquired immunodeficiency syndrome (HIV/AIDS) is a spectrum of conditions caused by infection with the human immunodeficiency virus (HIV), a retrovirus. Following initial infection an individual m ...
mission. He owned an $5 million Warren
yacht A yacht is a sailing or power vessel used for pleasure, cruising, or racing. There is no standard definition, though the term generally applies to vessels with a cabin intended for overnight use. To be termed a , as opposed to a , such a pleasu ...
. His fleet of exotic cars included: 1974, 2006, 2007, and 2008
Ferrari Ferrari S.p.A. (; ) is an Italian luxury sports car manufacturer based in Maranello, Italy. Founded by Enzo Ferrari (1898–1988) in 1939 from the Alfa Romeo racing division as ''Auto Avio Costruzioni'', the company built its first car in ...
s, 2009
Bentley Bentley Motors Limited is a British designer, manufacturer and marketer of luxury cars and SUVs. Headquartered in Crewe, England, the company was founded as Bentley Motors Limited by W. O. Bentley (1888–1971) in 1919 in Cricklewood, North ...
, 2007 Silver
Rolls-Royce Rolls-Royce (always hyphenated) may refer to: * Rolls-Royce Limited, a British manufacturer of cars and later aero engines, founded in 1906, now defunct Automobiles * Rolls-Royce Motor Cars, the current car manufacturing company incorporated in ...
, and one 2008 and two 2010
Lamborghini Murcielago Automobili Lamborghini S.p.A. () is an Italian brand and manufacturer of luxury sports cars and SUVs based in Sant'Agata Bolognese. The company is owned by the Volkswagen Group through its subsidiary Audi. Ferruccio Lamborghini (1916–1993) ...
s — worth about $400,000 each, a pair of $1.6 million
Bugatti Automobiles Ettore Bugatti was a German then French manufacturer of high-performance automobiles. The company was founded in 1909 in the then-German city of Molsheim, Alsace, by the Italian-born industrial designer Ettore Bugatti. The cars w ...
s, and a pair of Harleys which he maintains in an air-conditioned warehouse. All were allegedly purchased and traded from Euromotorsports, the owner of which has an extensive criminal record. All were seized shortly after his return from Morocco. He has a watch collection of over 100, valued at $1 million. In 2008, he was working on opening a cigar and martini bar on Las Olas Boulevard and two high-rise residential buildings in
Brooklyn Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, be ...
with New York partner Dominic Tonnachio. He was to take ownership of a "series of office buildings" on Oakland Park Boulevard.
Roger Stone Roger Jason Stone (born Roger Joseph Stone Jr.; August 27, 1952) is an American conservative political consultant and lobbyist. Since the 1970s, Stone has worked on the campaigns of Republican politicians, including Richard Nixon, Ronald Rea ...
was a partner with Rothstein in RRA Consulting, an LLC which was set up to provide public affairs assistance to the RRA law firm's legal clients. According to Stone, that business never generated any clients. It was dissolved in late 2008. On August 27, 2009, Stone, the recipient of Rothstein's sponsorship of his blog until July 29, 2009, "StoneZone", wrote a column recommending Rothstein for the seat vacated by Senator
Mel Martinez Mel, Mels or MEL may refer to: Biology * Mouse erythroleukemia cell line (MEL) * National Herbarium of Victoria, a herbarium with the Index Herbariorum code MEL People * Mel (given name), the abbreviated version of several given names (including ...
- a man with "a distinguished legal record, has been a key supporter of Governor Crist and John McCain, has an unmatched record of philanthropic activities and would bring an unconventional style of getting things done to Washington. Add Rothstein to the short list." On November 4, 2009, Stone wrote, "Rothstein had no prior business success, no business acumen nor track record that would engender confidence in an investor. He could not read a balance sheet. He could not write or read a business plan. Rothstein was a lawyer, not an entrepreneur." Stone claims that Rothstein has
Attention Deficit Disorder Attention deficit hyperactivity disorder (ADHD) is a neurodevelopmental disorder characterised by excessive amounts of inattention, hyperactivity, and impulsivity that are pervasive, impairing in multiple contexts, and otherwise Development ...
(ADD) "so severe he never finished a martini, a cigar, a thought, or a sentence, never mind a transaction." According to Stone, neither law firm name partner Russell Adler nor Stuart Rosenfeldt were signatories on the RRA Trust Account. He "appeared to be something out of a Great Gatsby movie."


Philanthropy and political contributions

In 2008, his Rothstein Family Foundation gave $1 million to Holy Cross Hospital in Fort Lauderdale, where a lobby was to be named for him and his wife. On October 31, 2009 his firm sponsored at a charity golf tournament featuring former Gov.
Jeb Bush John Ellis "Jeb" Bush (born February 11, 1953) is an American politician and businessman who served as the 43rd governor of Florida from 1999 to 2007. Bush, who grew up in Houston, was the second son of former President George H. W. Bush a ...
. Between 2007 and 2008, he donated $2 million to the
American Heart Association The American Heart Association (AHA) is a nonprofit organization in the United States that funds cardiovascular medical research, educates consumers on healthy living and fosters appropriate cardiac care in an effort to reduce disability and death ...
,
Women in Distress Women in Distress (WID) is a nationally accredited, state-certified, full service domestic violence center in Broward County, Florida. WID adopts an empowerment based model. WID provides victims of domestic violence with safe shelter, crisis inte ...
,
Alonzo Mourning Alonzo Harding Mourning Jr. (born February 8, 1970) is an American former professional basketball player who has served as vice president of player programs and development for the Miami Heat since June 2009. Mourning played most of his 15-year ...
Charities, Here's Help, and the
Dan Marino Daniel Constantine Marino Jr. (born September 15, 1961) is an American former football quarterback who played in the National Football League (NFL) for 17 seasons with the Miami Dolphins. After a successful college career at Pittsburgh and be ...
Foundation. Politicians of both parties have pledged to donate to charity or return his political contributions. On November 3, 2009, the Florida Republican Party, announced it would give Rothstein's donations ($600,000) to a charity. Gov. Charlie Crist's Senate Campaign ($100,550), state Chief Financial Officer
Alex Sink Adelaide Alexander Sink (born June 5, 1948) is an American politician and financier. A member of the Democratic Party, Sink was the Chief Financial Officer for the state of Florida and treasurer on the board of trustees of the Florida State Boar ...
($2,050), Senate President
Jeff Atwater Jeffrey Hardee Atwater (born April 8, 1958) is an American financier who served as the 3rd Chief Financial Officer of Florida from 2011 to 2017, and currently serves as Vice President for Strategic Initiatives and Chief Financial Officer at Flor ...
, Rep. Ellyn Bogdanoff, and that the Florida Democratic Party ($200,000) would return some or all of his contributions. In June 2009,
Harry Reid Harry Mason Reid Jr. (; December 2, 1939 – December 28, 2021) was an American lawyer and politician who served as a United States senator from Nevada from 1987 to 2017. He led the Senate Democratic Caucus from 2005 to 2017 and was the Sena ...
, the late former Democratic
Senate majority leader The positions of majority leader and minority leader are held by two United States senators and members of the party leadership of the United States Senate. They serve as the chief spokespersons for their respective political parties holding t ...
received a contribution of $4,800. A list of FEC filings indexed by NewsMeat include a total of $166,800 to the Republican Party and candidates, including $109,800 to
John McCain John Sidney McCain III (August 29, 1936 – August 25, 2018) was an American politician and United States Navy officer who served as a United States senator from Arizona from 1987 until his death in 2018. He previously served two terms ...
's 2008 presidential campaign, and $17,600 to Democratic candidates.


Law partner murder

Debra Villegas, who handles his money, is the law firm's
chief operating officer A chief operating officer or chief operations officer, also called a COO, is one of the highest-ranking executive positions in an organization, composing part of the "C-suite". The COO is usually the second-in-command at the firm, especially if t ...
. She is co-owner with Rothstein in a home at 2307 Castilla Isle, as of May 2009. According to records, Rothstein originally purchased the property in September 2007, for $1.75 million, and sold it for $10 to a shell corporation in September 2009. In 2005, the year the Ponzi scheme allegedly began, Villegas earned $80,000 a year. In 2007, her salary had increased to $145,000. Villegas received two Swiss watches — a
Rolex Rolex SA () is a British-founded Swiss watch designer and manufacturer based in Geneva, Switzerland. Founded in 1905 as ''Wilsdorf and Davis'' by Hans Wilsdorf and Alfred Davis in London, the company registered ''Rolex'' as the brand name of ...
and a Breitling — from her "employer". Rothstein paid off her couch and a bedroom set and held title to her two
Honda is a Japanese public multinational conglomerate manufacturer of automobiles, motorcycles, and power equipment, headquartered in Minato, Tokyo, Japan. Honda has been the world's largest motorcycle manufacturer since 1959, reaching a product ...
water scooters. Villegas was living in a $475,000 Weston home that Rothstein signed over to her in July 2009 for $100 and "love and affection," according to the deed. Villegas registered a 2009 $100,000
Maserati Maserati S.p.A. () is an Italian luxury vehicle manufacturer. Established on 1 December 1914, in Bologna, Italy, the company's headquarters are now in Modena, and its emblem is a trident. The company has been owned by Stellantis since 2021. Ma ...
GranTurismo at the home in January, 2009. In November 2009, Federal prosecutors seized the home, alleging that it was among Rothstein's ill-gotten assets. Villegas' estranged husband, Tony Villegas, was charged on
circumstantial evidence Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact—such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly—i.e., without need ...
in the March 2008 murder in
Plantation, Florida Plantation is a city in Broward County, Florida, United States. As of the 2020 U.S. census, the population was 91,750. It is a principal city of the Miami metropolitan area. The city's name comes from the previous part-owner of the land, the Eve ...
of Melissa Britt Lewis, a partner in Rothstein's firm. Although early news reports wondered at whether the evidence was substantial, according to New Times, "Nine days later, forensic testing revealed that Tony's DNA had been found on Melissa's suit jacket – the same jacket she wore on the day she died." Police sealed the arrest affidavit. Rothstein had a team of "executive protection specialists" to guard the firm and his family, his teen-aged daughter. The prosecutor who had first worked on the Villegas case, Howard Scheinberg, went to work for Rosenfeldt Rothstein Adler. Villegas, a train conductor, remains in jail awaiting trial. Debra and Melissa shared a therapist, Ilene Vinikoor, whose husband, David, represented general counsel, David Boden in the Ponzi scheme investigation.
You get anger from people ... that prick from the Bronx. ... They say I'm building the law firm too fast, that it must be a house of cards.


"Disbarment on consent"

On November 17, 2009, the
Florida Bar The Florida Bar is the integrated bar association for the state of Florida. It is the third largest such bar in the United States. Its duties include the regulation and discipline of attorneys. The Florida Bar is also responsible for the governi ...
Executive Committee voted to accept a request by Rothstein to be disbarred. The
Florida Supreme Court The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members: the chief justice and six justices. Six members are chosen from six districts around the state to foster geographic diversity, and one ...
entered an order permanently disbarring Rothstein on November 25, 2009. Rothstein was removed from the
Broward County Broward County ( , ) is a county in the southeastern part of Florida, located in the Miami metropolitan area. It is Florida's second-most populous county after Miami-Dade County and the 17th-most populous in the United States, with over 1.94 ...
Grievance Committee, and his name removed from the database of "The Best Lawyers in America".


Trust account

Rothstein, Rosenfeldt, and Adler's trust account was part of the Interest on Lawyer Trust Accounts (IOLTA) program that was paying hundreds of thousands of dollars a month to the
Florida Bar The Florida Bar is the integrated bar association for the state of Florida. It is the third largest such bar in the United States. Its duties include the regulation and discipline of attorneys. The Florida Bar is also responsible for the governi ...
Foundation.


$1.2 billion Ponzi scheme

Rothstein's investment scheme involved purchasing what were initially mislabeled as fabricated "structured settlements," described as where people sell large settlements in legal cases for lump sums of cash. Alan Sakowitz, an attorney and real estate developer in Bay Harbor Islands, said that he contacted the FBI in September with concerns about Rothstein. On Sunday, November 8, 2009, Sakowitz appeared with Kendall Coffey, attorney for Rothstein's law partners, on the Michael Putney Show on WPLG-TV, MIAMI, correcting Coffey for claiming that Rothstein's "investments" involved structured settlements, which they did not. (Note: "structured settlements" as defined by Rothstein in press reports do not meet the definition in IRC 5891(C)(1) of the
Internal Revenue Code The Internal Revenue Code (IRC), formally the Internal Revenue Code of 1986, is the domestic portion of federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 26 ...
). Rothstein's resemble investments in pre-settlement funding or pre-settlement financing. In his December 12, 2011 deposition page 24 lines 15-23, Scott Rothstein himself said "It was intentionally made in a way and presented to that firm and the other firms that were looking at the structure issue that it was merely a purchase of dollars already in-house; that it was not a structured settlement because the true definition of a structured settlement is when someone is actually receiving payments over time that has some other value. We didn't have a true definition of a structured settlement, not by any of the statutes. From that perspective we had reason to make sure that this was not structured. Because when you're dealing with structured settlements you need other levels of Court approval. It would have required the manufacturer of literally hundreds of phony orders, which would have led the entire scheme to detection.' The FBI estimates the loss to be up to a billion dollars from lucrative
whistle-blower A whistleblower (also written as whistle-blower or whistle blower) is a person, often an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whi ...
and
employment discrimination Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, g ...
cases. The investors would make up-front cash payments to individuals owed money from the court cases to buy the right to collect the full amount of the settlements later. The investor was guaranteed a minimum of 20 percent investment returns in as little as three months.


Swindle pitch

General counsel David Boden was present for at least one of the swindles, and negotiated the final papers with the investors' lawyers. Rothstein greets and informs the investor his firm was the preeminent sexual harassment law firm in the country. He says he'd figured out a basic formula which was that someone with $10 million net worth was usually willing to pay $2 million in cash to pay off their mistress. The key was confidentiality. Rothstein tells the investor that he would meet potential defendants in his office and would question them about affairs they had with an employee. The defendants would deny it. He pointed to artwork, and said there was a television screen behind it. He tells the investor he turned on a video of the guy having sex with his mistress, and told his client "We can either settle this now, or I can depose your wife, your mistress, you and your son about it." Since defendants" often couldn't or wouldn't pay the entire settlement up-front, Rothstein tells the investor that his first harassment case many years ago, involved a $3.5 million settlement and a million-dollar legal fee, so Rothstein assigned the settlement to a good friend and the plaintiff settles for $3 million without a trial. The "good friend" stood to be paid $3.5 million once the defendant paid up, a half-million dollar profit.
"In 20 years, I have never seen a defendant sue on breach of settlement," Rothstein told them. "The whole idea is that it's secret. Why would they sue?"
Although it did not appear completely legitimate, and it might have appeared that the plaintiffs were short-changed, it makes sense to the potential investor. The idea seems solid. The investor thinks that with enough of these cases at Rothstein's law firm, he could make huge sums of money. Rothstein then discusses other larger cases:
Eli Lilly and Company Eli Lilly and Company is an American pharmaceutical company headquartered in Indianapolis, Indiana, with offices in 18 countries. Its products are sold in approximately 125 countries. The company was founded in 1876 by, and named after, Colonel ...
, involving $1.4 billion with plaintiff representation by Gary Farmer, a firm attorney who negotiated the settlement and who brought the case with him when he arrived at the firm. Several inside whistleblowers went to the fed with unlawful practices regarding the marketing and sales of an anti-psychotic medication called
Zyprexa Olanzapine (sold under the trade name Zyprexa among others) is an atypical antipsychotic primarily used to treat schizophrenia and bipolar disorder. For schizophrenia, it can be used for both new-onset disease and long-term maintenance. It is ta ...
. It was one of the largest
qui tam In common law, a writ of ''qui tam'' is a writ through which private individuals who assist a prosecution can receive for themselves all or part of the damages or financial penalties recovered by the government as a result of the prosecution. Its ...
cases in history. He tells the investor about a potential (allegedly fabricated) case where investors would buy whistle-blower million dollar settlements with a sixty percent short term investor profit. The arrangement would be completely secret; the investor would never know the name of the company or the whistle-blower. The settlement money would be deposited into a trust account at TD Bank, accessible only to the investor at the appropriate time. David Boden follows up with all questions and negotiates the contract.


Court-appointed receiver

On November 2, 2009, Broward Chief Judge Vic Tobin sent an e-mail at 6:45 a.m. to judges about the Rothstein case:
I learned of some very distressing news yesterday. Whoever draws the case try to set the motion today because of the amount of clients and money involved. Also, if you have a case with the firm, please be patient. I don't know if the lawyers will come or not and if they do come, there is no money at this point to go forward with the case or pay firm employees.
On November 3, 2009, retired Miami-Dade Circuit Judge Herbert Stettin was appointed the firm's receiver, responsible for approving the firm's day-to-day financial decisions. Firm president and 50% owner of the firm, Stuart Rosenfeldt, "deposited two-thirds of my life savings in my firm's operating account" to prop up finances in the short-term.


Victims

On November 25, 2009, Attorney William Scherer filed a 289-page Amended Complaint seeking $100,000,000 in civil damages on behalf of his clients, and naming: Toronto Dominion Bank and its associates, Frank Spinosa, Jennifer Kerstetter, and Rosanne Karetsky, Irene Stay, Banyon Income Fund, L.P., Banyon USVI, LLC, George G. Levin, Michael Szafranski, Onyx Options Consultants Corporation, Berenfeld Spritzer Shechter Sheer, LLP., as well as Rothstein and his associates, David Boden, Debra Villegas, Andrew Barnett, and Frank J. Preve, as
defendants In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...
/co- conspirators. The Amended Complaint lists people and businesses to whom Rothstein allegedly wired money while he was en route to or inside of Morocco: Rothstein wired $16 million to his tour guide from
Boca Raton Boca Raton ( ; es, Boca Ratón, link=no, ) is a city in Palm Beach County, Florida, United States. It was first incorporated on August 2, 1924, as "Bocaratone," and then incorporated as "Boca Raton" in 1925. The population was 97,422 in the ...
, Florida, "Ahnick Kahlid". Kahlid transferred the money to Rothstein's new Moroccan bank account opened upon his arrival with a passport as identification at Banque Populaire in Casablanca; The recipients allegedly are members of the "Israeli Mob"; New York Investors; Florida Investors; Real Estate Investors; and Levin Feeders. Scherer has said that his clients and all other investors who weren't complicit in the crime will have their money returned. Due to the extreme
negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...
, TD Bank is liable. "My goal is to get all the money back for the investors from the bank," Scherer said. On January 27, 2010 Scherer filed an affidavit alleging that Michael Szafranski was complicit in Rothstein's fraud, receiving almost $6.5 million in "ill-gotten" gains directly from Rothstein.


Shimon Levy and Ovi Levy

Shimon Levy allegedly has had deep ties to Dean Heiser and Israeli organized crime and spent a year in an Israeli prison for hiding a mob figure suspected of two "grisly murders". In 1997, his partner at the Sea Club Resort on Fort Lauderdale beach, Zvika Yuz, was a victim of a murder which remains unsolved. His son, Ovi contacted the Plantation Police Department and began receiving protection during the time Rothstein fled to Morocco.


Banyan Capital

Banyan Income Fund, a Fort Lauderdale-based hedge fund, invested hundreds of millions. It was run by Rothstein and involves Fort Lauderdale businessman George G. Levin, who reported Rothstein to the U.S. Attorney's Office for "suspicious activity." According to the lawsuit, Frank J. Preve is
Chief Operating Officer A chief operating officer or chief operations officer, also called a COO, is one of the highest-ranking executive positions in an organization, composing part of the "C-suite". The COO is usually the second-in-command at the firm, especially if t ...
and kept an office inside Rothstein et al. He is a convicted
bank fraud Bank fraud is the use of potentially illegal means to obtain money, assets, or other property owned or held by a financial institution, or to obtain money from depositors by fraudulently posing as a bank or other financial institution. In many ins ...
and
embezzlement Embezzlement is a crime that consists of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type ...
felon A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
. He pleaded guilty to bank embezzlement charges in 1985 and received ten years
probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
and a $10,000 fine for falsifying loan documents in another fraudulent scheme. Banyon and other Rothstein investors' accounts were held at a Toronto-Dominion Bank branch in Fort Lauderdale.


Abraxas Discala

Abraxas Discala, a businessman, reportedly raised $30 million through his hedge fund which he invested into Rothstein's scheme.


Partners' income strategy and Rothstein's returns

The allegations are: George Levin was the general partner ("GP") who solicited each limited partner ("LP") to contribute at least $1 million. Initially, each LP contributed $250,000, subject to periodic capital calls up to the amount of their commitments. They were promised 12% annually (15% for first $100 million), to be paid quarterly. The general partner had to maintain a balance of not less than 10% of all contributions after any quarterly distributions. The general partner also gave a "clawback" guaranty to all LP's equal to their original contributions. LP's could not request redemptions during an initial one-year "lock-up" period and were required to give 90 days' notice for any withdrawals. Redemptions would be paid from the GP's own capital account "to the extent available" with a 10% hold-back, but otherwise, only from the purchased lawsuits settlement stream. Banyon had paid Rothstein's firm at least $656 million, but the law firm anticipated $1.1 billion over a maximum 24-month period. It allegedly received and reinvested about $500 million. Levin expected to make 40% over 24 months but to only pay out 24%. Rothstein's law firm's IOLTA trust accounts established "for the plaintiff" in the purported litigation settlements were used to fund the phony settlement accounts, after the law firm had paid its overhead, keeping its insolvent operation afloat, which included "gifts" to partners and money given to politicians, charities, and pay for a massive advertising budget, as well as Rothstein's personal lifestyle, over three years, amounting to approximately a $500 million loss. The interest on the funded IOLTA accounts went to the Florida Bar monthly, which was many millions, based on the Banyon contributions. In its prospectus, Banyon claimed to have a legal opinion that Banyon's interest in the IOLTA trust accounts "perfected automatically on execution of the transfer documents" – that the lawsuit proceeds assignments created by general counsel, David Boden. The LP's were warned that they could be taxed on the Partnership's income and realized gains even if no distributions were made. As long as reinvestments were ongoing, the ponzi scheme was facilitated.


Losses

1. Venture capitalist Doug Von Allmen's companies' total loss, approximately $105.5 million, through the Banyon Income Fund include: * The Von Allmen Dynastry Trust, overseen by wife Linda Von Allmen: $7 million. * D&L Partners, Von Allmen's Missouri company: $45 million. * Kretschmar: $8 million * Razorback Funding LLC, a Delaware company: $32 million * D3 Capital Club LLC, Delaware company: $13.5 million 2. BFMC Investment LLC, owned by Barry Florescue: $2.4 million 3. Socialite art dealer Bonnie Barnett, mother of defendant, Andrew Barnett 4. The family of car dealers, Ed and Ted Morse. 5. Ballamor Capital Management, Radnor, PA: $30 million.


Others

On November 19, 2009, Rothstein never appeared for a deposition, noticed in the
bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor ...
case by investors' attorney John Genovese at Genovese's law office. Banyon and other Rothstein investors' accounts were held at a Toronto-Dominion Bank branch in Fort Lauderdale.


References


External links


Video tour of Rothstein's law offices

''USA v. Scott Rothstein'': Report Commencing Criminal Action, December 1, 2009

Federal Charging Information, December 1, 2009 Case No. 09-60331

Rothstein Plea Agreement, Case 0:09-cr-60331-JIC, filed January 27, 2010

Disbarment on Consent, filed November 20, 2009

Amended Civil Complaint filed November 25, 2009, Case No. 09-062943

Attorney Scherer's Opposition to Motion to Disqualify Counsel for Plaintiffs, filed January 28, 2010

Amended Complaint for Dissolution and For Emergency Transfer of Corporate Powers to Stuart A. Rosenfeldt, Case No. 09-059301

Judge's Order Granting Compelling of Bank Records, Case No. 09-059301

Database of Scott W. Rothstein's Political Contributions

Database of Scott W. Rothstein's Corporate Interests

Database of Scott W. Rothstein's registered vehicles

Database of Scott W. Rothstein's Real Estate Transactions
{{DEFAULTSORT:Rothstein, Scott 1962 births 2009 in economics American money launderers American money managers American people convicted of fraud American prisoners and detainees 20th-century American Jews American confidence tricksters Criminal investigation Disbarred American lawyers Florida lawyers Great Recession Living people People convicted of racketeering Prisoners and detainees of the United States federal government Pyramid and Ponzi schemes American businesspeople convicted of crimes 21st-century American Jews