Bank

Amerlcll'! MoU CQnvl!'nient Bank·

TO DonI<, N.A.
5900 Nori.h Andrews Avenue
2nd Floor
Fort Lauderdale, I'\.. 33309
TDBnnk.com

September lB. 2009

Rothstein, Rosenfeldt, Adler

Attorneys at Law
401 East Las alas Blvd Ste 1650
Fort Lauderdale, FL 33301

Re~ Account 8861011556

lUU\-IS

Dear Mr. Rothstein,

Pursuant to your written instructions to us of August 25, 2009. please

be advised that all funds contained in the above referenced account
shall only be distributed upon your or Stuart RQSenfeldts instructions
and ahall only be distributed ~o JP Morgan chase, ~PMCC, Account Number
066001633 for furthe~ credit to the Ira Sochet.Revocable Inter Vivos
Trust, Account Number 070-93412.

Your letter is understood not to convey ownership of the account or

access to the account to any other party but rather is meant to
I

irrevocably restrict conveyances from this account to the Ira Sochet

Revocable Inter Vivos ~rust.

since.ely,

F Spinosa
Regional Vice Pres'aent
T: 954-233-2035 F: 954-233-204'
Frank.spinosa@y~sbank,com

EXHIBIT
j Q
Christopher Podaras
From: Jim@clockworkcap.com
jent: Thursday, October 01,20095:19 PM
,·0: aj@clockworkcap.com; Christopher Podaras
Cc: Robert Mazzeo
Subject: FW: Verification
Follow Up Flag: Follow up
Flag Status: Red

-----Original Message-----
From: Michael Szafranski [mailto:mike@onyxcapitalmanagement.com]
Sent: Thursday, October 01, 2009 5:11 PM
To: jim@clockworkcap.com
Subject: Verification

Dear Jim:
I met with Mr. Rothstein today and personally reviewed all original
documents referred to in the remainder of this email. I reviewed all of the
original documents regarding BUSV-l and BUSV-2.All documents have been
signed by plaintiffs, defendant and Mr. Rothstein on behalf of RRA.I was
present when Mr. Rothstein signed on to the TD online banking website and
verified that all wires have been received by the firm into account number
ending in 1356. I matched same to the actual wire transfer documents. I
pve verified, based upon a letter received from Frank Spinosa, Regional VP
Jf TD Bank, that the account into which the funds were received is
irrevocably locked to disburse those funds to the TD account ending in
6191, ONLY.I personally reviewed the incoming wires online and verified the
fed reference numbers as well and verified that they match the
transactions.I verified that two wires were transmitted by the signing
defendant in both cases to said account in the following amounts:
$26,200,000.00 and $40,600,000.00.I verified 29 plaintiffs for settlement
BUSV-l and 29 Plaintiffs for BUSV-2.
Thank you,
Michael Szafranski
Michael Szafranski
President
Onyx capital Management
1111 Kane Concourse 210
Bay Harbor, FL 33154
(305) 867-1620 (Office)
(305) 867-3501 (Fax)
(917) 749-2225 (Cell)

EXHIBIT

I t<.
 Bank
America's Mort Con.... enl~l1t Pank(l

TD Bank, N.A.
5900 North Andrews Avenue
2nd Floor
Fnrl Lauderdale. FL 33309
TDBank..com

october 1, ~009

Rothstein, Rosenfeldt, Adler

Attorneys at Law
401 East Las Olas Blvd Ste 1650
Fort Lauderdale, FL 33301

Re, Account 42452~1356

RRA·BUSVI

Dear Mr. Roth~teinf

Pursuant to your written instructions to us of September 3D, 2009,

please be advised that all funds contained in the above referenced
account shall only be distributed upon your or Stuart Rosenfeldt's
instructions and shall only be distributed to Banyon USVI (DEL), LLV,
c(o Razorback Funding, LLC, Debt & Equity Re-Payment Account: TO Bank,
NA, 319 Glen Head Road, Old Brookville, NY, MA: 0~6013'673, Account #
4~44986191.

Your letter is understood not to convey ownership of the account or

access to the account to any other party, but rather is meant to
irrevocably restrict conveyances as follows: conveyances shall only be
made from the account referenced above to the Banyon USVI account.

Sincerely

~
Regional Vice President
T' 954-233·~035 F. 954-233-2044
Frank.Spinosa@yesbank.com

EXHIBIT

IS
 wedne5dilY, November 11, 2009 9:46 AM

Subject: FW: From TO Bank

Date: Tnur5day, October 1, 2009 10;35 AM
From: S~Ot\ <$rOlhnein@rril-lilW,COITl>
To: AJ Discilla oCBI@dockworkcap.com>
Frank Preve <fpreve@aol.com:>,Scott<iirothstein@rra-law,com>

AJ,
Attached is the letter from the regional vp of td bank. Please see the attached and his email to me below,
Thanks for all your kind assistance.
My clients are thrilled about tomorrow Almost all have signed all the docs alreadv and we are just about to wrap up, Mike will be in to verify
everything in less than an hour.
Take care,
Scott

IRS Cin:::ular 230 Disclo5ure; Please note that the views expressed herein or in any attachments hereto are not intended to constitute a "rellance
opinion" under applicable Treasury Regulations, and accordingly are not intended or wtitt~n to be used, and may not be used or relied upon, for the
purpose of (i) avoiding tax-related penalties that may be imposed by the Internal Revenue Service. or (Ii) promoting, marketing or recommending to
another party any tax-related matters addressed herein.
NOTICE: THE INFORMATION CONTAINED IN THIS TRANSMISSION IS ATTORNEY PRIVilEGED AND CONFIDENTIAl. IT IS INTENDED ONLY FOR THE USE OF
THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTlY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN
ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE COLLECT AND DELETE THE MATERIAL FROM ANY COMPUTER. THANK YOU

·····Orlginal Message·····
From: Scott Rothstein
Sent: Thursday, October 01, 2009 10:08 AM
To: 'fpreve@aoLcom'
Subject: FW: From TD Bank

Frank,
'ached is the letter I received from Frank Spinosa, Regional VP of TO bank this morning.
~I<ecare,
Scott

IRS Circular 230 Disclosure: Please note that the views expressed herein or in any attachments hereto are not Intended to constitute a "reliance
opinion" under applicable Treasury Regulations. and accordingly are not intended or written to be used, and may not be used or relied upon, for the
purpose of (il avoiding tax-related penalties that may be imposed by the Internal Revenue Service, or (ii) promoting, marketing or recommending to
another party any tall·related matters addressed herein.
NOTICE: THE INFORMATION CONTAINED IN THIS TRANSMISSION IS ATTORNEY PRIVilEGED AND CONFIDENTIAL IT IS INTENDED ONLY FOR THE USE OF
THE INDIVIDUAL OR ENTITY NAMED ABOVE, IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION, DISTRIBUTION OR COpy OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN
ERROR, PLEASE NOTIFY US IMMEDIATELY BY TelEPHONE COllECT AND DELETE THE MATERIAL FROM ANY COMPUTER THANK YOU.

····-Original Message--··-
From: Frank A Spinosa (mailto:Frank.Spinosa@yesbank.com]
Sent: Thursday, October 01, 20099:06 AM
To: Scott Rothstein
Subject" Fw: From TO Bank

Dear Scott,
As per your request and Instructions, this account has been irrevocably locked as to destination of all disbursements. The letter confirming same is
attached. Please do not deposit any funds into this account that are not soley to be directed to the entity set forth in the irrevocable instruction,

Frank Spinosa
Tf) Bank, America's Most Convenient Bank
~Ional Vice PreSident
,900 N. Andrews Avenue 2nd Floor
Ft. Lauderdale, FI. 3330~
EXHIBIT
954-233-2035 DIRECT
954-233·2037 FAX
954-673-3012 CE"

---- Forwarded by Frank A Spinosa/Commerce Bank on 10/01/2009 09:02 AM

5CANNER@YESBANK.COM
10/01/200905:12 AM

To
Frank.Spinosa@yesbank.com
cc

Subject
From TO Bank

Please open the attached document from TO Bank

This message and an.v attachments may eontain confidential or privileged information and are intended only for the use of the intended recipients of
this message, If you are not the intended recipient of this message, please notify the sender t;ly return email, and delete this and all copies of this
message and any attachmentsfroni your system. Any unauthorized disclosure, use, distribution, or reproduction of this message or any attachments Is
prohibited and may be unlawful.
 To: ROTHSTEIN ROSENFELDT ADLER PA
this email serves as notlflcatlon of the following Incoming WIre Transfer credited
to account number **********1356 on 2009-10-01. If you have any queltlons,
please contact your nearest TO Bank Branch or call t-SOO..YES-2000.

... .. .. .. Incoming Wire Transfer Information ..

Amount: $26100000.00
Benef'clarv: ROTHSTEIN ROSENFELDT ADLl:R
Account Number: **********1356
Address: 401 E LAS OLAS BLVD FOA'T LAUDERDALE
Sender:
Ban~Name:
ABA Number: 026009593 i
Reference Number: . !i
OrIginator Bank: . I

Address: r.

By Order Of:
Address: FORT LAUDERDALE, FL
I

ReceIver Ban~ Name: TO BANI<, FL

ABA Number: 067014822
FRB IncomIng ConfIrmatIon Numbel'l
Reference for BeneficIary: BUSVI-2
OrigInator to Beneficiary:
BanJ;t to Banh InformatIon:
MIscellaneous Information:
... .. ... .. .. .. ... .. .. .. ... END Incoming Wire Transfer Information ........

EXHIBIT

I tJ
To: ROTHSTEIN ROSENFELDT ADLER PA

this email serves as notification of the following Incoming Wire Transfer credited
to account number ***·....**1356 on 2009-10-01. If you have any questions,
please contact your nearest TO Ban~ Branch or call '-SOO-YES-2000.

.. .. .. .. .. .. .. .. Incoming Wire Transfer Information ..

Amount: $40600000.00
Beneficiary: ROTHSTEIN ROSENFELOT ADLER
Account Number: ****.....***1356
Addressl 401 E LAS OLAS BLVD FORT LAUDERDALE

Sender:
Banb Name:
ABA Number: 026009593
Reference Number:
Originator Ban~1
Address:

By Order Ofl
Address: FORT LAUDERDALE, FL

Receiver Ban~ Name: TO BANK, FL

ABA Number: 067014822
FRB Incoming Confirmation Number:
Reference for Beneficlaryl BUSVH
Originator to Beneficiary:
Ban~ to Banb Information:
Miscellaneous Information:
.................. -.. END IncomIng Wire Transfer Information ........
 Thurs.day. November 5, 2009 8:10 PM

Subject: Fwd: Banyon UWl- 1 and 1

D;\te; Tlll,ndlly, October 1, 200911:39 AM
From: Frank preve <Fprelle@aol.com>,
To: AJ Ois~~ <aj@canvasfinanclal.com>

st another lawyer who obviously doesn't know what he is talking about Re last line -- I have talked to your ex-wife and she
doesn1 agree with the gentleman Cf<lP at all .

Frank Prevs

Tel 954-482-2135
Fax 954-2524399
CONFIDENTIAL: This message, including its contents and attachments, if any, are confidential. If you are not the named recipient,
please nolify us and immediately delete. You may not disseminate, distribute or fo!Ward this e-mail message or disclose its contents 10
anybody else.

From: srolhstein@rra.law.com
To: Fpreve@aol.com
Sent: 10/11200911:36:24 A.M. Eastern Daylight Time
Subj: Banyan USVI- 1 and 2

Frank,

Please be advised that I am in receipt of your wire of Eight Million Dollars ($8,000,000.00) into my law firms trust account
0923.

Thanks for handling this promptly. I spoke to AJ eariier and he advised that the balance of the funds will be wired
tomorrow mornin9 (Friday October 2) at 9 am sharp. They were going to wire today bul TO apparently has a ,estriction on
same day wires when it is a new account.

As per our agreement and your instructions I will not disburse any portion of this money to the Plaintiffs umil the balance
of Thirty Two Million DoIl3'S($32,000,000.00) is w~ed into my firms trust account 0923 at9 am tomorrow and until you a'e
in possession of all executed documents which will be in your hands within the next hour or so.

Thanks for all you, kind cooperation.

By the way, AJ is a true genUeman and a consummate professional. He is the person we shouid use exclusively.

Thanks again,

Scott

EXHIBIT

'V
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EXHIBIT

IW
1.888.751.9000 . Live Customer Service 24/7 I Terms of Use
© 2009 TD Bank. N.A. All Rights Reserved.
 Thursday. November 12, 2009 2:15 PM

Subject: Verification
Date: Thursday, October 22, 2009 4:26 PM
From: Michael Szafranski <mlke@onyxcapilalmanagement.com>
TPly-To: <mlke@onyxcapltalmanagement.com>
••" Christopher Podaras <chnls@c1ockworkcap.com>, Frank Preve <Fpreve@aol.com>,Aj Discala <aj@c1ockworkcap.com>

Dear Mr. Preve:

I met with Mr. Rothstein this afternoon and verified that all of the plaintiffs in BUSV I and BUSV" received
their disbursements. I verified this by signing on to TO direct with Mr. Rothstein and viewing these
disbursements.
This completes your verification.
------Original Message------
From: Christopher Podaras
To: Mike Szafranski
Subject: RE: Verification
Sent: Oct 22, 2009 10:16 AM

did you review?

From: Michael Szafranski [mike@onyxcapitalmanagement.com!

r~nt: Monday, October 19, 2009 10:32 AM
i: Christopher Podaras
Subject: Re; Verification

Todayy
------Original Message------
From: Christopher Podaras
To; Mike Szafranski
Cc: jim@clockworkcap.com
Cc: aj@c1ockworkcap.com
Subject: RE: Verification
Sent: Oct 19, 2009 1:30 PM

Thank you Mike. what is the status of the payment doing to the plaintiff on the last deal for 40.6mm?

From: Michael Szafranski [mike@onyxcapitalmanagement.com]

Sent: Monday, October 19, 2009 10:22 AM
To; Christopher Podaras
Subject: Fw: Verification

chael Szafranski EXHIBIT

I ~
 Bank
AmBtm'J MOR ConvenJent BlnkS

TD Bank, N.A.
5900 North Andrew. Avenue
2nd Plccr
Fort Lnuderdule, FL 33309
iDBnnk.com

October lS, 2009

Rothstein. Rosenfeldt. Adler

Attorneys at Law
401 Eaet Las Olas Blvd ste 1650
Fort Lauderdale, FL 33301

Re: Account 4246051629

RRA-P3

Dear Mr. Rothstein,

Pursuant to your written instructions to us of October 14, 2009, please

be advised that all funds eontained in the above referenced account
shall only be distributed upon your or Stuart Rosenfeldt's instructions
and shall only be distributed to 03 Capital Club, LLc, 2833 NE 35th
court, Fort Lauderdale, FL, 33306, TO Bank, NA. Account # 4245728568.

Your letter is understood not to convey ownership of the account or

access to the account to any other party, but rather is meant to
irrevocably restrict conveyances as follows: Conveyances shall only be
made from the account referenced above to the TV bank account #
4245728568 belonging to D3 Capital Club, LLC.

Sincerely,

~
Regional Vice
T. ~S4-233-203S
resident
F. ~54-233-2044

Frank .. ~pinosa@yesbank. com

EXHIBIT

I Z.
 Wednesday. November 11, 2009 9:50 AM

Subject: FW: From TO Bank

Date: Thursday, October 15, 2009 10:51 AM
--13m: SCott Rothstein <srothstein@rra-law,com;Jo
Aj Discala <aj@clockworkcap.com>, Christopher Podaras <chrls@clockworkcap,com>
Cc: Frank Preve <:Fpreve@aol.com>, Scott Rothstein <srothsteln@rra·law,com>

Gents.....attached is the TO bank statement that I received from Frank Spinosa. If u follow the email trail from the
bottom you can see that this was scanned in at td bank in pdf format and sent to me. you will also note that once
again someone has contacted TO in an effort to illegally obtain info regarding my trust accounts. Please make certain
this is not one of your funding sources. I do not need this headache and neither do you.
Take care,
Scott

IRS Circular 230 Disclosure: Please note that the views expressed herein or in any attachments hereto are not intended
to constitute a "reliance opinion" under applicable Treasury Regulations, and accordingly are not intended or written
to be used, and may not be used or relied upon, for the purpose of (il avoiding tax-related penalties that may be
imposed by the Internal Revenue Service, or (ii) promoting, marketing or recommending to another party any tax-
related matters addressed herein.
NOTICE: THE INFORMATION CONTAINED IN THIS TRANSMISSION IS ATIORNEY PRIVILEGED AND CONFIDENTIAL. IT IS
INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS
NOTTHE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF
THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE
)TIFY US IMMEDIATELY BY TELEPHONE COLLECT AND DELETE THE MATERIAL fROM ANY COMPUTER. THANK YOU.

·····Original Message·····
From: Frank A Spinosa [mailto:Frank.Spinosa@yesbank.com]
Sent: Thursday, October 15, 2009 9:13 AM
To: Scott Rothstein
Subject: Fw: from TO Bank

Dear Scott,
As per your request, attached is the most recent bank statement from your RRA Trust account 42460S1629.
You should also know that someone tried to contact me again to obtain bank information about your firm's trust
accounts. I advised that I could not release same as the person was not authorized to obtain such information and
cautioned this person as to gravity of what he was attempting. I will forward the persons name to you later today and
we can discuss how to handle. My secretary has it but left for an appt. You should caution the people you are doing
business with that such an act is a crime and that TO will prosecute same. We take such actions very seriously as I am
certain you do as well.
Should you require anything further, please feel free to call.
Thanks for your continued trust and confidence in TO.

• rank Spinosa
TO Bank, America's Most Convenient Bank EXHIBIT

1----"-
Regional Vice President
5900 N. Andrews Avenue 2nd Floor
. Lauderdale, FI. 33309
954·233-2035 DIRECT
954-233-2037 FAX
954-673-3012 CELL

••••• Forwarded by Frank A Spinosa/Commerce Bank on 10/15/200909:06 AM

SCANNER@YESBANK.COM
10/15/200907:36 AM

To
Frank.5pinosa@yesbank.com
cc

Subject
From TO Bank

Please open the attached document from TO Bank

This message and any attachments may contain confidential or privileged information and are intended only for the
use ofthe intended recipients ofthis message. If you are not the intended recipient of this message, please notify the
sender by return email, and delete this and all copies of this message and any attachments from your system. Any
unauthorized disclosure, use, distribution, or reproduction of this message or any attachments is prohibited and may
be unlawful.
 Ir.a •• *
III.r.I ......... _c.. ' it. . . .
TO Balik, N.A.
5900 North Ancll'ew, Avenu~
2nd Floor
Fort Lauderdale. FL 33309
TDBBDk.com

October IS, 2009

Rothstein, Roscnfeldt, Adler

Attorneys lit Law
401 East Las Olas Blvd. Ste 1650
Fort Lauderdale, Florida 33301

Dear Mr. Rothstein:

As per your request, attached please find a copy of the bank statement you requested on your
trust account number 4246051629. Should you require anything further, please let me know.

Thank you for your continued trust and confidence in TO.

Sincerely,

Frank Spinosa
Regional Vice President
T: 954-233·2035 F: 954-233-2044
Frank.Spinosa@yesbank.com
CKDIAV CK DISPLAY AVAlLABLIl BANK 0136
( FWD )
ACCOUNT NUMBER 4246051629 BRANCH 0719 TYPE 0063 FL INTEREST CHECKING
TITLE IOTA / ROTHSTEIN ROSENFELDT ADLER PA STATt1S ACTIVE
DATE OPENED 10/14/09 ~T DEPOSIT DATE/AMOUNT 10/14/09 34,000,000.00

ENTER Y FOR DETAIL CURRENT BALANCE 64.000,000.00

( N ) TOTAL HOLDS .00
( N ) TOTAL FLOAT .00
( N ) CHECK CARD AUTHORIZATIONS .00
( N l TODAY'S ACTIVITY .00
UNAVAILABLE CREDITS TODAY .00
ACCRUED INTEREST .00
N NSF/OVERDRAFT ITEMS TODAY .00
N UNPOSTED ITEMS TODAY .00
OVERDRAFT LIMIT .00
OD TRANSFER PROTECTION .00
MAINTAIN MIN BAL TRF PROTECTION .00
AVAILABLE IlALANCE POR:
CHECK PAYMENT DECISIONS 64.000.000.00
CHECK CARD AUTHORIZATIONS .00
( N ) ADD SPECIAL INSTRUCTIONS OR MEMO POST TRANSACTIONS
VIEW SPECIAL INSTRtJCTIONS-REQm;:ST HOLDS DETAIL. ALTERNATE ADDRESS IN USE.
USE CKcRAC AND CKSAIN TO VIEW STANDARDS FOR CALCULATING AVAILABLE BALANCE.
 iIi1 Bank
Amerita'5 Mort Cotl'vot\iet\t Bank"

Scott W. Rothste1n
401 East Las Olas Blvd.
Suite 1650
Fort Lauderdale, Florida 33301

Re: Rothstein Rosenfeldt Adler PA Trust Account

OCtober 15 i 2009

Dear Mr. Rothstein,

Enclosed please find balance statement for your Rothstein Rosenfeldt Adler PA-03 Trust
Account Number 4246051629. As always, we appreciate your business and look
forward to meeting your needs in the future!

Please feel free to contact me Ilt Ilny time regarding your accounts at #954-356-9357.

Jennifer Kerstetter
Assistant Manager
Ft. Lauderdale Store
TO Bank, America's Most Convenient Bank
Store 954-356-9357
Fax 954-524-2534

EXHIBIT

j~
CKDIAV CK DISPLAY AVAILABLE BANK 0136
{ FWD J
ACCOUNT NUMBER 4246051629 BRANCH 0719 TYPE 0063 FL INTEREST CHECKING
'!'ITLE IOTA / ROTHSTEIN ROSBNFELDT ADLER PA STATUS ACTIVE
DATE OPENllD 10/14/09 LAST DEPOSIT DATE/AMOUNT 10/14/09 34,000,000,00
ENTER Y FOR DETAIL CURRENT llALANCE 64,000,000.00
( Nl TOTAL HOLDS .00
( N ) TOTAL FLOAT .00
( N ) CHECK CARD AllTHORIZATIONS .00
( Nl TODAY'S ACTIVITY .00
UNAVAI!J\BLli CRED!TS TODAY .00
ACCRUED .!NTEREST .00
N NSF/OVERDRAFT ITEMS TODAY .00
N UNPOSTED ITEMS TODAY .00
OVERDRAFT LIMIT .00
OD TRANSFER PROTECTION .00
MAINTAIN MIN BAL TRFPROTECTION .00
AVAILABLE BALANCE FOR:
CHECK PAYMENT DECISIONS 64,000,000.00
CHECK CARD AUTHORIZATIONS .00
( N ) ADD SPECIAL INSTRUCTIONS OR MEMO POST TRANSACTIONS
VIEW SPECIAL INSTRUCTIONS-REQUEST HOLDS DETAIL. ALTERNATE ADDRESS IN USE.
USE CKCHAC AND CKSAIN TO VIEW STANDARDS FOR CALCULATING AVAILABLE BALANCE.
From: lou@palmcapitaladvisors.com
ent: Tuesday, November 10, 2009 8:29 PM
"0: Jessica L. Kaufman
SUbject: Fwd: FW: New Account

CEO and Managing M~mber

Palm Capital Advisors, LLC
(347) 255-0227 Mobile
lou@palmcapitaladvisors.com

-----Original Message-----
From: "Christopher Podaras" [chris@clockworkcap.com)
Date: 11/10/2009 01: 37 PM
To: "lou@palmcapitaladvisors.com" <lou@palmcapitaladvisors.com>
Subject: Fwd; FW: New Account

The contents of this transmittal and any attachments are intended for the exclusive use of
the addressee(s), and may contain confidential and or legally privileged information. If
you are not the intended recipient, you are hereby notified that any disclosure, copying,
distribution or the taking of any action in reliance on the contents of this informatlon
~s strictly prohibited. If you have received this transmittal in error, please notify us
mm~diately by return e-mail, and then delete this message and all attachments. To reply
to our email administrator directlYI please email: info@clockworkcap.com.

From: Christopher Podaras

Sent: Friday, October 16, 2009 1:24 PM
To: frank.spinosa@yesbank.com
Cc; Jennifer.kerstetter@yesbank.comch; Christopher Podaras
SUbject: New Account

Mr. Spinosa,

I recently opened another account for one of my entities that is doing business with RRA
and would like to talk with you about the mechanics around the irrevocable letter from
that we have with RRA account 4246051629 and D3 Capital ClUb, LLC. (which is managed by
Clockwork Capital Advisors) account # 4245728568.

Please call me on my cell phone (516 713 3772 ) when you have time.

Thank you.

Christopher S. Podaras
chief Operating Officer
Clockwork Capital Advisors
711 5th Avenue EXHIBIT
~ew York, New York 10022
hone (212) 421 5220 ex 6
Fax (212) 621 8100
Cell (516) 713 3772
i~
Email chris@clockworkcap.com
From: lou@palmcapilaladvisors.com
ent Tuesday, November 10,20098:13 PM
"0; Jessica L. Kaufman
SUbJect: Fwd: FW: New Account

CEO and Managing Member

Palm Capital Advisors, LLC
(347) 255-0227 Mobile
lou@palmcapitaladvisors.com

-----Original Message-----
From: "Christopher Podaras" [chris@clockworkcap.com]
Date: 11/10/2009 01:37 PM
To: "lou@palmcapitaladvisors.com u <lou@palmcapitaladvisors.com>
SUbject: Fwd: FW: New Account

The contents of this transmittal and any attachments are intended for the exclusive use of
the addressee(s), and may contain confidential and or legally privileged information. If
you are not the intended recipient, you are hereby notified that any disclosure, copying,
distribution or the taking of any action in reliance on the contents of this information
1S strictly prohibited. If you have received this transmittal in error, please notify us
!'mmediate ly by return e-mail, and then delete this message and all attachments. To reply
to our email administrator directly, please email: info@clockworkcap.com.

From: Christopher Podaras

Sent: Monday, October 19, 2009 10:18 AM
To: Chrlstopher Podaras; frank.spinosa@yesbank.com
Cc; jennifer. kerstietter@yesbank.com
Subject: RE: New Account

Mr. Spinosa,

I recently opened another account for one of my entities that is doing business with RRA
and would like to talk with you about the mechanics around the irrevocable letter from
that we have with RRA account 4246051629 and D3 Capital Club, LLC. (which is managed by
Clockwork Capital Advisors) accou~t # 4245728568.

Please call me on my cell phone (516 713 3772 ) when you have time.

Thank you,

Christopher S. Podaras
Chief Operating Officer
210ckwork Capital Advisors
711 5th Avenue
New York, New York 10022
Phone (212) 421 5220 ex 6
Fax (212) 621 8100
eel (516) 713 3772
Ema 1 chris@clockworkcap.com

2
President
Onyx Capital Management
111 Kane Concourse 210
day Harbor, FL 33154
(305) 867-1620 (Office)
(305) 867-3501 (Fax)
(917) 749-2225 (Cell)

-----Original Message--··-
From: "Michael Szafranski" <mike@onyxcapitalmanagement.com>
Date: Mon, 19 Oct 200917:21:16
To: Frank Preve<Fpreve@aol.com>; <chris@clockworckcap.com>; <jim@c1ockworkcap.com>
Cc: Scott Rothstein<srothstein@rra-Iaw.com>
Subject: Verification

Dear Mr. Preve:

I met with Mr. Rothstein this morning and verified that the sum of $30 million has been wired from the
defendant into the escrow account ending in 1629.
III addition, I have verified that the settlement document has been signed by the plaintiff and the
defendant. I have also verified that the purchase and transfer documents have been signed by the
plaintiff and Mr. Rothstein.

~ichael Szafranski
. resident
Onyx Capital Management
1111 Kane Concourse 210
Bay Harbor, FL 33154
(305) 867-1620 (Office)
(305) 867-3501 (Fax)
(917) 749-2225 (Cell)=

Michael Szafranski
President
Onyx Capital Management
1111 Kane Concourse 210
Bay Harbor, FL 33154
(305) 867-1620 (Office)
(305) 867-3501 (Fax)
(917)749-2225 (Cell)=

lichael Szafranski
, resident
Onyx Capital Management
1111 Kane Concourse 210
'lay Harbor, FL33154
\305) 867-1620 (Office)
(305) 867-3501 (Fax)
(917) 749·2225 (Cell)
 Dltvld .J. Boden
General Counsel
011".1 Di.l: 954.315.7352
d bqden@rrn~la WecoJit
Admitted ill New York only

•
IL •
Rothstein Rosenftlldt Adler
_
Attorneys 0,[ Law
October I, 2009

WWW,fnc.
Attn.: Barry W. Florescue
50 E. SampleRd
Suite 400
Ponlpano Beach, FL 33064

Dear Sarry:

'" cOllnectlOn with your cOllsiderllllon of a possible II1lnsaction (the "Transaction"). WWW, Inc. and its
affiliates (collectively, "you"), yOll have requested and will be provided finanoial and oU.er infonnalinll
(the "Ev.lu.tiqn Material") eonceming the Transaction known .5 legal settlement illvestmellls. The tern.
"Evaluation Material" includes infonnation furnished 10 you or your Representatives (as defined beloW)
by us (which shall be deemed 10 include our direcrors, offioers, employees, agents Bnd representatives).
bUI does not in¢lude infonnation which (i) is or beoomes genemlly available to the public other Ihan os a
result of a diselosure by you or your Representatives (as defined below) in violalion of thi, IGller
agreelnent (lhi. "Letter Agreement"), (ii) was or becOllleS available to you all a non-confidential basis
from 0 source (llber tban us, provided thai such source is not hound by 0 confidentiality agreement with us
or ony of our ~ffiliates, or (iii) was independently developed by you without the use of any of such
infonnation; (iv) infonnation which is released finm the obligations of confidentiality hereunder by your
express written consent.

You agree tlIDI You and your Representatives will not use Ihe Evalualion Malerial for any purpose other
than the exclusi~e purpose of determining whether you wish to enter into a Trnnsaction. You will keep
the Evaluation Material confidential and will nol use such Evaluation Malerial for nny purposc exeepl in
conneclion wlllj your evaluation of the Transaction: provided, however, that you moy disclose onY
Evaluation Maleriel to your direclors. officers, employees, agents, amliores, representatives or advisors or
the representatNes or advisors ofyonr affiliates (collectively, "Representatives") who need to know sueh
infonnation for the purpose of evalaating the Transaction (it being understood Ihol .uch Repre.entative,
sholl be infol'",ed of the confidential nature of sueh 'nfonnation and dIal yOll shall be responsible for any
disclosure by them in violation oftile tentls ofthis leltl!r Agreement).

Althoagh we have endeavored to include in the Evaluation Material information which we believe 10 be
relevanl fa,' the purpose af yo"r investigation, YO" understand ti.at neither IVe nor Dny of our affiliates,
representatives Qr advisors hos made or ",oke OilY repr..entntion or wnrrnnty as to the aocuracy or
cnmpleteness oflbe Evaluation Material, You agree tllal neither we nOr our amliates, representatives, or
advisors shall ha~c any liability to you or any of your Representatives resulling from the use or contents
of the Evaluati!)n Material Or ITom any Dction taken or any inaction occurring in reliance on the
EVDluation Matetial or any errors therein or omissions thDrefrom.

RlfpJy To: Las Ol3s Clry Centre. - 491 Easl L.1S Olas BClJlevafd • Suile lB50· Fort louderdale. F1arlda 33301 TerephQn(t; (9!i4) tin·3011fi6 . FllX: (954)527-61363
BOCA RATON· FO~TLAUD.RDAle • MIAM" NEW YORK CllY' TALLAHASseE· WAsHINOTON D.C. ,weST PALM BEACH

W\VVi,rra-Iaw.com '

EXHIBIT

ROTHSTEIN00001493
 Except as authorized by the Agnoement, you agree Ihat you will not, and you will direct your
Representlltivos and affiliates not to, make ~ disclosure d,at you are having or h.ve h.d discus,ioa,
concerning a Transaction, that yoa have entered into this Lellcr Agreemant, that you have received
Evaluation Material or that you are considering a possible Transaction; nrovided that you may make ,uch
diaclosure ify"u have received the opinion of your counsellhat such disclosure must be made by you ill
order that you nol commit a violation of law and, prior to such disclosure. you promptly odvise and
consult with us ond our legal counsel concelning ti'e informati"n you propose to di,cl",e,

In the event that you or anyone to whom you transmit any Evalu.tion Material in accordance with ~,is
Letter Agreement are requested or required (by deposilion, interrogatories. requests for informntion or
documents in I~gal proceedings, subpoenns. civil investigative demand or similar process). in conneclion
with ony proceeding, to disclose .11 or any part of the Evaluation Materials, you will give us prompt
written nolice of such request or requirement so thot we may seek on appropriate prolective order or other
remedy andlor waive complia"ce with tile provision. of this leiter Agreement. and you will cooperate
witb us ot nO cost !o you to timely obtain Such protective order or olher appropriate remedy. tn the event
that such prOl1!Olive order or othor remedy is not limely obmined 0,we woive co'opliance wid. 1110
relevnnt provisions of this Leiter Agnoement, you (or such other persons to whom sncb request Is
directed) will fi!rniah only that portion of the Evnluation Material wbich, in the opinion ofYOUI' counsel, is
legally required to be diaclosed and, upon the our request, Uae your best efforts at no cost to you to nblllin
assurnneas that confidential treotmellt will be accorded to such joformation.

Upon our request, you will promptly redeliver to us all originnl version and copies ti'ereof of the
Evnluation Muterial as well as nil memoraoda, nOles and other writings prepared hy yOIl or your
Repre.entatives'bascd on the Evaluation Material, or destroy same, If you decide that you do not wish to
proceed with a trollSaelion, you will promptly notify us .,j'that decision, In that cnse, Or if we shnll elect
at any time to t~rminale furtber access by you to lI,e Evaluation Material for any reason. you will within
five business days (i) redeliver to us all copies of the Evaluation Matetial as well as all memoranda, noles
and olher writlqg, prepared by you or your Representatives based on the Evaluation Malerial in your
possession or inthe possession of your Represen1atives, or (ii) destroy sa.me, and in either ease, deliver to
us a leiter exeeured by oue of your duly aulllorized senior officers indicating that the requircments of this
sentence have been satisfied in full, Notwitbstanding tbe return of Evaluation Material and related
memornndll, nntes and olher writings, you and your Represelllalives will continue to be bound by your
obligations of confidentiality and other obligations hereunder, Notwithstanding anything herein
contained 10 the eonlrU!y, you may retain one copy of the Evaluation Material and related memoranda for
logal record purposes,

Vou awee that we shall be entilled to seek. ar our expeuse, equitable relief, including injnnction and
specific pafonn~nce, in the event of any materilll breach of the provisions of IIlis Leiter Agreement. in
addition 10 all ot~el' remedies available to us at law or in equity. Dnd thet it 'hnll not be necessary for us to
post nay bond orod,e,' security in conneotion with any such action Or proceeding

We ....erve the right to assign our rights, powers and privileges under this Lener Agreement (including,
without Iimitation,lhe right to enforce the terms ofti'is Letter Agreement) to any person who enters into a
rransaction, proVided we shall give wrillen notice 10 you ofMy such Assignmen!.

It is further und~rstood and agreed lhat no fnilure or delny by us in e..reising any right, power or
privilege un~er lhis Leller Aweement shall operate u a waiver tllerO(Jf nor shaU any single or partial
exercjse thereofprcclude any other or further exercise ofany right, power or privilege hereunder.

VOu hereby iJTevoeably nnd uneondilionlllly SUbmit 10 Ibe eKolos;v" juri,dicliQn of any ,lnle or federul
court sittillg in Florida over any sui~ action or proceeding ari'ing Ollt of or relating to Ihis Letter
Agreemellt. Youhcreby irrevocably and unconditionally wajve ony objection 10 the layillg Qf venue of
ony such suit, action or proceeding brougbt in nny such court nnd any claim that nny such suit, action 0"
proceeding brougl\1 in any such courl has been brought in all inconvcnienl forull1,

ROTHSTEIN00001494
 In the eVenl lhar any prov;,;on or portion of this Letter Agreemenl is determined to be invalid or
unenforceable' for Any reason, in whol" or in part, the remaining provisions of thjs letter shaH be
unaffec\ed thereby nnd shoJI remnin in d,lI force and effcct to the fullest extent permitted by applienble
Inw.

This Letter Agreement shall be governed by and eon,trued in nccordance with the laws of Ule Stllle of
Florida, lVilh<)~t giving eff.ct to its ccnflict of laws principles or rules.

Any assignment ofthis letter agr.ament by you without our prior wrillen consent shall ba void.

This Letter Agreemen~ including the confidentiality provisions contained herein, shall continue in effect
until the firsla,miversary of lI,e dat. hereof,

This Letter Agreement shall not be amended or oUlerwise modified except by a writing signed by both.

If you are in ~gre.ment with the foregoing, please so indicate by signing Mel returning one copy
of tbis Letter Agreement, which will constitute our agreement with respecl to the moilers sel
forch herein.

\leriNl1lly

D J aden
General ounsel

Confirmed and Agreed lo:

By, _-:-:- _
Name
Title

ROTHSTEIN00001495
 AllUlrlca.s Most CoJ\IJIl"lent Bank""

TO B.nl" N.A.
5900 Nonh Andrcw.~ Avenue
2nd PlOOf
FurL Lcudcrdil.le, FL 33309
'!'DEnnk.co",

October 15, 2009

Rothstein, ~osenfeldt, Adler

Attorneys at Law
401 East ~as alas Blvd Ste l~SO
Fort Lauderdale, FL 33301

Re: ACCOLUlt 4245220324

RM-llFMC

Dear Mr. nO~h5tein.

PUrsuant to' your written instructions to uS of October 14, 2009, please

be advised that all funds contained in ~he above T.eferenced account
shall only be dist]~ibuted upon your or Stuart Rosenfeldt' 9 i,nst=;ruct:ions
and shall crtly be distributed to DB~r (PKA: COlonial ~~1k), Pompano
Beach Bral\e!l #32003. (~54) 943-6550, ABAjl; 0620013B, For furthe"
cre.dit. to:BFMC lfivestment J I,:LC Account ~I S0506?4491

your letter is understood not 1.;0 convey ownership of the account or

acceSS to the account to any other 9m~tY, but rather is mea~t to
irrevocabl~ restrict conveyances as follows: conveyances shall only be
made h.-aUl t,he account referenced above to the. B:B&T (PRJ',,: Colonial Sank)
account 1~ Bi050G74491 belonging to BFMC lnvestment l I..l.oC.

ank Spinosa
.' Re.gioo,al Y~O_~ J'F,~~=,::g.~1}~" "
Tz 9S4-2:n·'2o:;S F: 954-233-20/1'1
Frank. spindsa@yesbanlt:. com

EXHIBIT

1-"-- ROTHSTEIN00001498
Attorney Rothstein explored countries without extradition treaties for 'client' - South Florida Sun-", Page I of 3
sun-sentinel.comlnews/palm-beach/fl-rothstein-daily-emails-20091116,0,4909573 ,story

South Florida Sun-Sentinel.com

Attorney RothStein explored countries without extradition treaties for
'client'
By Paula McMahon, Sally Kestin and Peter Franceschina, Sun Sentinel

November 16, 2009

Ten days before Scott Rothstein flew to Morocco as his alleged

Ponzi scheme was about to implode, he sent an e-mail to every
attorney in the Rothstein Rosenfeldt Adler law firm.

"We have a client that was a United States citizen until about 6
months ago. He became' a citizen ofIsrael and renounced his
United States citizenship_ He is likely to be charged with a
multitude of crimes in the united states including fraud, money
laundering and embezzlement," Rothstein wrote on the afternoon
of Saturday Oct 17, in e-mails obtained by the Sun Sentinel,

Attorney Bill Scherer, who represents several investors who say ~ EctUIFAX
they were taken in the scheme, said Monday that he has verified
that Rothstein wired $18 million to Morocco shortly before Rothstein flew there on Oct. 27,

"Whether it came back or not, I don't know," Scherer said.

More than $200 million went through Rothstein's accounts in October, according to Scherer.

"Vast amounts went thrqugh [a bank account controlled by Rothstein] in October, including $50 million from
my client Doug Von AlImen, and another $50 million between May and October," Scherer said.

Rqthstein's attorney, Marc Nurik, said the $18 million figure is wrong but he's not sure what the correct number
is.

"I don't remember the exact amount," Nurik said "You'llieam later on what the disposition of that money is,
what's happening to thali money." He said Rothstein is sincere when he says he is going to repay any money
owed to investors.

In the e-mail exchange Qefore he left, Rothstein went on to ask whether "the client" could be extradited to the
United States and wheth¢r he could be charged with those crimes in Israel even if they were committed here. He
also asked for any U,S. elr Israeli attorneys who could assist.

"This client is related to a very powerful client of ours and so time is of the essence, Lets rock and rolL" there
is a very large fee attached to this case. Thanks Love ya Scott," he concluded,
EXHIBIT
Attorneys in the firm now believe "the client" was actually Rothstein.
I~
http://www.sun-sentineLcomlnews/palm-beach/fl-rothstein-daily-emails-20091116.U..J<1RI11<1I.pr... T /18/2009
Attorney Rothstein explored countries without extradition treaties for 'client' • South Florida Sun-... Page 2 00

Tlite attorneys respondeq quickly with advice that a person could be extradited and that a recently granted Israeli
citizenship could be revoked on the grounds that it was obtained to evade prosecution. The lawyers also warned
that the client could be charged in Israel "if he has a cent in that country."

"If for some reason he vflnishes into a foreign country, he must be certain he will be able to stay there for the
rest of his life. ElectronIC passports go by fingerprints, not nationality, and are being implemented all over the
world. He wants to avoid being a ' Roman Polanski' in 30 years," one of the attorneys answered.

Federal prosecutors and,the IRS say Rothstein sold investors legal settlements that never existed, promising
returns of 20 percent and more in a Ponzi scheme that they believe exceeds $1 billion. Rothstein has not yet
been criminally charged.

S!uart Rosenfeldt, who was in a 50 percent partnership with Rothstein at the time, said that he and many of the
other attorneys in the fiIjrn now believe that Rothstein was talking about his own situation and that another
at(orney in the firm suggested that Morocco was one destination that did not have extradition agreements with
either the United States or Israel.

A spokesman for the Is~aeli embassy in Washington, D.C., said, "It is against our policy to confirm whether
someone is an Israeli ciVizen." And efforts to confirm whether Rothstein is still a U.S. citizen were unsuccessful
Monday.

"Hindsight is 20120," Rli>senfeldt said Monday. "I certainly began to suspect when I learned Scott was in
Morocco that he was really talking about himself in these e-mails."

N\rrik said that, as far as he knows, Rothstein did not renounce his U.S. citizenship and the e-mail was about an
actual client.

"I. still don't know [if there was a client]. I had nothing further to do with it," Nurik said. "He was always
intending on coming back [from Morocco]. He came back early. He never intended to flee. He literally went
there to clear his head."

In other news on Monday:

The U.S. Trustee for SOilth Florida, which oversees bankruptcies, filed documents in federal bankruptcy court
seeking the appointment of an independent court trustee to oversee the involuntary bankruptcy process against
the Rothstein Rosenfeldt Adler law firm. Steven Schneiderman, the attorney for the U.S. Trustee, wrote that
appointing a trustee would be preferable to allowing the receiver, Herbert Stettin, who was appointed by a
Btoward circuit judge, tb continue in the role of chief restructuring officer.

"[The RRA law firm], *owners, officers, employees, professional and all business and family relationships
may very well be the surject of serious inquiry and scrutiny throughout these proceedings, and the person
directing that inquiry ... should not be subject to any control or appearance of control by the [firm],"
S~hneiderman wrote. "[the finn's] business operations are tainted with allegations wrought with fraud and a
,S
Chapter 11 trustee who an independent fiduciary answerable to no one but the court, is the only remedy that
should be considered."

An emergency hearing is scheduled for Friday morning.

~ttorneys also filed cou,rt documents Monday stating that Stettin, the receiver for the RRA law firm, had $3.88
II\illion under his contrdl with about $941,000 in the firm's operating accounts and the balance in trust accounts
c<)ntrolled by the receiver.

P~ula McMahon can be reached at pmCmMon@SmlSJ;n!i!le1.GQill or 954-356-4533.

http://www.sun-sentinel.comlnews/palm-beachlfl-rothstein-daily-emaiIs-20091116,O,2480140,pr... 11/18/2009
Attorney Rothstein exp10red countries without extradition treaties for 'client' • South Florida Sun-... Page 3 of 3

Copyright © 2009, SoJ.!11jlFIQrid<l.SnD::Ss;ntinl'l]

http://www.sun-sentinel.com!news/palm-beachlfl-rothstein-daily-emails_20091116,0,2480140,pr... 11/18/2009