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EFTA01130141 | EFTA01130142 Page 5 I INDEX 2 WITNESS: PAGE 3 JOHN JACK SCAROLA 0 DIRECT EXAMINATION BY MR. HUTCHINSON CROSS-EXAMINATION BY MR_ GENOVESE 5 CROSS-EXAMINATION BY MR_ MOSKOWITZ 6 7 I behalf of the Estate of Ed Morse and Morse 2 Operations, Inc. 3 MR. GOLDBERG: Mike Goldberg on behalf of the 4 Creditors Committee. 5 MR. GAY: David Gay with Berger Singerman 6 counsel on behalf of Herbert Stettin. 7 Thereupon, 8 JOHN SCAROLA 9 was called as a witness and, having been duly sworn, was 10 examined and testified as follows: 11 THE WITNESS: I do. 12 DIRECT EXAMINATION 13 BY MR HUTCHINSON: 14 Q. Good morning, Mr. Scarola. We met before the 15 deposition. Would you please state your name for the 16 record? 17 A. Good morning. My name is John Scarola. I am 18 also most commonly known as Jack. 19 Q. Mr. Scarola, I will show you what I marked as 20 Exhibit 1. Do you recognize Exhibit 1? 21 (Exhibit No. I, Subpoena, was marked for 22 identification.) 23 A. It appears to be a copy of the subpoena for 24 this deposition that was served upon my office and 25 accepted at my direction. 7 173 216 --- 8 EXHIBITS - - 9 10 NO. DESCRIPTION PAGE 11 Exhibit No. 1 Subpoena 7 12 Exhibit No. 2 Subpoena for Christian 9 Searcy 13 Exhibit No. 3 Transcript of May 17_ 2013 48 14 Hearing 15 Exhibit No. 4 Plaintiffs First Request 68 for Production of Documents 16 to TD Bank I? Exhibit No. 5 TD Bank Victims Notice of 79 Filing Expert Disclosures HI Exhibit No. 6 Time Summary 81 19 Exhibit No. 7 Conspiracy Chart III 20 Exhibit No. 8 Statute 768.72 124 Exhibit No. 9 Statute 768.73 148 Exhibit No. 10 Handwritten Notes 163 Exhibit No. II Handwritten Notes 168 21 22 Page 7 23 24 25 Page 6 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ?2 23 ?el. 25 THE VIDEOGRAPHER: Today's date is July 2nd. I 2013. The time is approximately 10:10 a.m. Eastern 2 Standard Time. We are here to videotape the 3 deposition of John Jack Scarola in regard to 4 Rothstein, Rosenfeldt, Adler, PA, Case 09.34791 5 BKCRVR. 6 The court reporter is Patty Diaz with 7 Ouellette and Mauldin Court Reporting. My name is 8 Dean Chimerakis, videographer, with Custom Video 9 Services of Miami. 10 Will counsel please state your appearance for 11 the record? 12 MR. HUTCHINSON: Wayne Hutchinson with 13 McGuireWoods on behalf of TD Bank, N.A., and with 14 me is Joe Sheerin. 15 MR. GENOVESE: John Genovese, Genovese, 16 Joblove and Battista on behalf of Herb Stettin. 17 Along with me is my colleague, Michael Friedman. 18 MR. RIGOLI: Jason Rigoli, Furr & Cohen on 19 behalf of Robert Fun, Chapter 7 Trustee for Banyon 20 1030-32 and Banyon Income Fund. 21 MR. MOSKOWITZ: Adam Moskowitz, Bill Scherer 22 and Javi Lopez on behalf of the plaintiffs in the 23 case. 24 MR. MULLIN: John Mullin from Tripp, Scott on 25 Page 8 BY MR. HUTCHINSON: Q. And are you appearing here today pursuant to this subpoena? A. I am. Q. And this subpoena includes a document request, does it not? A. It does. Q. And have you produced all documents that are responsive to the request included therein? A. I believe I have. Q. Does that include some documents that you have brought with you here today? A. That is correct. Q. Based on what was previously produced and what you brought here today, you believe that all documents responsive to these requests have now been provided. Correct? A. I don't have personal knowledge of the production that was not made by me. I am told that you have already received duplicate copies of most of the materials that I brought today, but I have brought with me all of those materials in my possession that are responsive to the subpoena. Q. And you are fine with us looking through those materials to confirm that we have them and if not, 2 (Pages 5 to 8) OUELLETTE & MA LD1NCOURT REPORTERS, INC. EFTA01130142
May 10, 2026 at 10:13 AM