Former office of Rothstein Rosenfeldt Adler (Melanie Bell)
A who’s who in disbarred attorney Scott Rothstein’s $1.2 billion Ponzi scam could take the stand in the scheduled trial of Boca Raton attorney Christina Kitterman.
Rothstein is expected to testify along with Debra Villegas, chief operating officer of Rothstein’s defunct Fort Lauderdale law firm, Rothstein Rosenfeldt Adler.
Senior U.S. District Judge Daniel Hurley in West Palm Beach refused Wednesday to grant a motion to quash a subpoena for Stuart Rosenfeldt, the only equity partner besides Rothstein.
Rosenfeldt, who has not been charged, tried to quash his subpoena on Fifth Amendment grounds, arguing he could not be forced to incriminate himself on the stand.
Rothstein is serving a 50-year prison sentence for perpetrating the settlement financing fraud, while Villegas is serving a 10-year term.
Kitterman is charged with wire fraud conspiracy for allegedly pretending to be a Florida Bar representative on a phone call to Rothstein’s investors in a ruse to keep them from questioning his finances.
Kitterman’s defense attorney, Valentin Rodriguez of West Palm Beach, maintains the prosecution case is predicated on Rothstein’s untrustworthy testimony.
The trial, slated to start Monday, would be the first one and the first time Rothstein testified in a criminal case flowing from his long-running fraud. He previously sat for two extended civil depositions.
Hurley initially ordered Kitterman to pay for Rothstein’s travel and security expenses but ruled in December that Rothstein would travel at public expense. He is being held in an undisclosed prison after cooperating in a mob-related case before surrendering on his fraud charges.