Wall Street's David Weigel Exposes NYC Divorce Court-Sponsored 'Bullshit'
Judge Sue Ann Hoahng Was Literally "Out to Lunch" at Manhattan Supreme Court
NOTE: This piece was first published in Frank Report (frankreport.com) where full coverage is available.
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By Richard Luthmann
David Weigel is a man at his wit's end. For over a decade, the NYC-based Asset Manager and Certified Financial Planner was a fattened calf for Manhattan's divorce-industrial complex. Exasperated, Weigel has taken to social media to expose the divorce industry and the New York State Courts as "government-sponsored racketeering and systemic fraud."
Many echo his sentiments, including Frank Parlato. Recently, Parlato questioned whether the Family Courts operate like RICO Enterprises.
But Weigel is different. He is uniquely positioned to analyze and expose divorce and custody malfeasance. He is in the top 1% of Asset Managers, and the 51-year-old has been for a decade.
"Over the last ten years, the heart of my analysis has been to look at complex structures and find the bullshit." He says he's struck paydirt in Justice Tandra L. Dawson's Integrated Domestic Violence Court (IDVC).
Weigel is addressing issues of gender bias, parental alienation, silver bullet strategy, institutional fraud, and corrupt actors. He's using concrete numbers and facts to do it. And he's beginning to find his voice.
David Weigel Takes to the Spoken Word
Appearing on the Joe Rogan Show, famed psychologist, author, and media commentator Jordan Peterson recently stated, "The spoken word is now as powerful as the written word. That's never happened before in human history. And we're at the cutting edge of that for better or worse."
Do words become more "real" when we say them aloud, as opposed to when we only write them down? Weigel thinks so.
"We naturally communicate through speech before writing. Writing serves as a tool to capture and express our thoughts. Spoken words truly resonate. They are engaging."
That is why Weigel has redeployed his resources from the "losing proposition" of Manhattan Family Court to media engagement. A self-styled "Parental Alienation Activist and Warrior," for the past few months, he has been detailing the twists and turns of his distressing situation in a series of videos on Facebook. He hopes he is producing "notes from home" that other 40- and 50-somethings locked in divorce and custody acrimony can look to for inspiration and education.
His most recent missive levels serious allegations against Justice Dawson, Special Referee Judge Sue Ann Hoahng, Attorneys Taylor Koss and Daniel B. Nottes, and the entire Manhattan Integrated Domestic Violence Court (IDVC).
Weigel says the Divorce-Industrial Complex exploited his close friend's death as a pretext to deny him due process and an opportunity to be heard.
No Compassion, No Understanding
Adam Berlin passed away following a fatal motorcycle accident in Miami in March. On Tuesday the 21st, he was taken to the ICU. By Saturday the 25th, no doctors believed Berlin would hang on much longer.
Berlin and Weigel were close friends. They grew up together in the business when they started on Wall Street. Weigel was one of Berlin's groomsmen.
![David Weigel [top right] was Adam Berlin's [center] close friend and part of his Wedding Party.](https://substackcdn.com/image/fetch/$s_!PibY!,f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%2Fsubstack-post-media.s3.amazonaws.com%2Fpublic%2Fimages%2Fb79f1e7b-14f9-4bb6-a542-e13dffbafeac_1024x703.jpeg "David Weigel [top right] was Adam Berlin's [center] close friend and part of his Wedding Party.")
"I got on the plane to Miami in the middle of the day on Sunday the 26th. When I landed, I had a message from Adam's wife that he had passed," Weigel said.
The date for Berlin's Celebration of Life was Wednesday, the 29th. David Weigel was in Miami, but he had a big problem.
His divorce case was scheduled before a former NYC Housing Court Judge and Special Referee named Sue Ann Hoahng on Monday, the 27th.
Weigel contacted the court for an adjournment - twice. Not only did Judge Hoahng say no, but she defaulted Weigel, knowing he was in Miami and his friend had just died. Why? Because Weigel sent the documents proving the emergency to Judge Hoahng “during lunch.”
Justice Dawson appointed Judge Hoahng as her hatchet woman, Weigel believes.
Justice Dawson and Judge Hoahng: No Lawyer, No Adjournment, No Compassion
David Weigel was scheduled to appear before Judge Hoehng with counsel. His lawyer's name was Taylor Koss.
Court personnel confirmed the representation in January.
From: Taylor Koss <taylorkoss75@gmail.com>
Sent: Wednesday, January 4, 2023 12:02 PM
To: Babette Gambino <bgambino@nycourts.gov>; Daniel Nottes <dbnottes@dbnottes.com>
Subject: Re: 365034/2019 David Weigel v. Georgina Weigel et alIt is accurate
On Wed, Jan 4, 2023, 10:44 AM Babette Gambino <bgambino@nycourts.gov> wrote:
Good morning,
It appears from the correspondence received that Taylor Koss, Esq. is representing plaintiff. Counsel Koss, please confirm if this is accurate. If yes, counsel, kindly provide each other with any communications and filings made with me.
Weigel thought he had counsel for the scheduled March 27th hearing. Instead, he had the rug pulled out from under him.
In January, Attorney Koss told the court that he represented Weigel in the divorce court case. But shortly after that, it became clear Attorney Koss was in over his head swimming with the Manhattan Divorce Court sharks.
Attorney Koss was an Assistant District Attorney in Brooklyn for ten years. Weigel retained him because his ex-wife was desperately trying to get him arrested to gain an advantage in the divorce. He says his ex-wife Georgina was engaged in "silver bullet" tactics.
Many family law attorneys are using "Silver Bullet Divorce" tactics, prompting clients to file false or spurious claims against their spouses to gain leverage in divorce cases.
Walking into Court With the Wrong Lawyer
David Weigel hired a Criminal Defense Attorney because he needed one. Attorney Koss' Avvo profile says:
"I work my hardest to ensure that all of my clients get the best possible representation in their current pending criminal legal matters."
"Additionally, I investigate and work on cases where individuals claim they have been wrongfully convicted."
"I have been successful in helping to exonerate individuals that have spent decades in jail for crimes they didn't commit."
"I also think it is important to hold our City to the highest standards when dealing with the criminal justice system, and if the system fails an individual and their civil rights have been violated, I will pursue that case with the utmost urgency and dedication."
But Attorney Koss had no business in a divorce/family law case. Weigel intended him to be a "placeholder" until he could find someone seasoned.
But Attorney Koss was not a divorce lawyer. He had no business accepting Weigel's complex family law representation in the Manhattan Supreme Court.
It would be different from a divorce lawyer with no criminal law experience taking on a complex murder case.
Weigel's Attorney Abandons Him
Judge Hoahng scheduled a March 27th court date. Initially, the docket designated it as a conference. It was not set as a "trial" or "hearing" date.
Weigel believed his Attorney, Koss could handle a conference. He intended to find a new divorce lawyer for the trial/hearing.
Weigel emailed Judge Hoahng on March 20th, stating:
“Yes, Taylor Koss is still hired as handling this case through 3/31/22 however (as you know) Mr. Koss is not a divorce attorney. So we've been looking for a new Divorce Attorney to take over the case since Mr. Port left. But at this time, I have not secured this person. I hope to be able to announce someone extremely soon.
Please allow me a day to sort this out and get this form back to you. Although my liquid assets have become damaged from the 12 years of divorce actions and expenses, so it's been difficult to find an attorney willing to take over this case. Yet I do not feel qualified to answer any of these questions myself.”
Weigel agreed to the March 27th court date. After all, it wasn't a trial. He thought, at the least, he had retained Attorney Koss through 3/31/23. He would at the least be able to keep the ball rolling until the next court date when he would have new competent counsel.
But a few days later Attorney Koss pulled the rug out from under Weigel. On March 24th, 2:41 p.m. Weigel wrote to the court:
“I was just informed this week that my current council will not be representing me for this appearance on Monday at 2pm. Can I please have a postponement to secure new council as I have not been able to find an attorney willing to represent me on such short notice.”
Weigel thought he had a lawyer. He wasn't representing himself. Now that Attorney Koss left, he thought it reasonable to ask for some more time to get a new lawyer.
Judge Hoahng Says 'No Adjournment'
Judge Hoahng didn't care that Weigel didn't have a lawyer. Her swift response at 3:28 p.m. was:
“No adjournment. Please appear on Monday, March 27. 2023 at 2:00 PM , 60 Centre Street Room 300.”
As a matter of public policy, a client may discharge an attorney at any time, with or without cause. However, an attorney of record in a civil action may only withdraw, be changed, or discharged in the manner prescribed by statute.
The law required Attorney Koss to file a consent to change counsel signed by Weigel with the clerk or get an order relieving him from the judge. He did neither.
In the normal course of events, Attorney Koss should have at least appeared in court on March 27th. An attorney cannot prejudice a client, even one he is abandoning. Attorney Koss should have helped Weigel to submit the proper documentation to secure the adjournment. He didn't.
Judge Hoahng Ignores Adam Berlin's Death and Weigel's Lack of Legal Representation
Weigel again emailed Judge Hoahng and asked for an adjournment. On top of everything else, Weigel explained that his close friend Adam Berlin was in the ICU and the prognosis was not good. Judge Hoahng said, under no uncertain terms, that unless she saw plane/train tickets and proof of an emergency, she would default Weigel.
On March 27th, the morning of the hearing, Attorney Koss sent this email to Judge Hoenig:
From:Taylor Koss
Sent:Monday, 20 March 2027, 2023 11:13 a.m.
To:Sue Ann Hoahng
He is not my client on this matter. However, since the matter is only on for a Preliminary conference, I don't see how a default judgment can be entered.
He is a party to this email, so he knows what he needs to provide to the Court.
Judge Hoahng replied to Attorney Koss, recognizing that he was still Weigel's lawyer.
On Mon, Mar 27, 2023, 11:05 AM Sue Ann Hoahng <shoahng@nycourts.gov> wrote:
I made it clear to your client on Friday afternoon that I was not adjourning this case. Unless I see plane tickets, train tickets and proof of a medical emergency, I am defaulting your client. [emphasis added]
Weigel was in Miami and distraught. But he did email the good judge before the 2:00 p.m. deadline. The communication showed Weigel's United Airlines itinerary and confirmed that Adam Berlin had died. His ex-wife’s attorney was copied as well.
However, Weigel sent the email to Judge Hoahng at 1:27 p.m., during the court "lunch break." The Special Referee never checked her email before court resumed at 2:00 p.m.
We asked the OCA Press Office what Judge Hoahng had for lunch that day. As of press time, we have not received a response.
At this point, we can only speculate about the good judge’s midday repast.
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Judge Sue Ann Hoahng Was “Out to Lunch”
Judge Hoahng should have given Weigel an adjournment. New York Appellate Division case law is clear. It is a reversible error to deny the adjournment where one party was without the services of the attorney of record through no fault of his own.
The key fact is that this was a conference. Attorney Koss didn't show up, and he is the Attorney of Record. He said so to Babette Gambino, Manhattan Supreme Court personnel in January. And we all know that lawyers can't lie.
Last week, Judge Hoahng issued a Referee's Report detailing what happened on March 27th, and it's stunning.
Judge Hoahng confirmed she was "out to lunch":
After the parties confirmed the March 27, 2023 hearing date, plaintiff David Weigel (plaintiff) contacted the Special Referee that he could not attend, because a dear friend was in the hospital. Plaintiff was directed to submit proof of the medical emergency forthwith, and if no documents were submitted before the hearing date, he would be deemed in default. It is noted that the hearing was scheduled for 2:00 P.M. , and the court breaks for lunch at 1:00 P.M. Prior to the commencement of the hearing, no documents were received from the plaintiff; therefore, the Special Referee deemed the plaintiff in default. [emphasis added]
At this point, Weigel's friend Adam Berlin was dead. Weigel was completely justified in not being at the courthouse for the "conference."
It's also clear that everyone in the courtroom knew Adam Berlin was dead. Why? Because his ex-wife’s lawyer already knew when the funeral was:
After giving plaintiff a fifteen minute courtesy, the Special Referee defaulted plaintiff at 2:15 P.M. The hearing commenced forthwith. Defendant's counsel argued that plaintiffs non appearance should result in plaintiff be deemed in default since plaintiff's medical excuse was not founded since his friend's accident was on March 22, 2023 prior to plaintiff's application for the adjournment, and that his friend's funeral was not until March 29, 2020 or March 30, 2023, after the hearing date. Defendant's counsel argued that there was no excuse for plaintiff not to be in court on March 27, 2023. Plaintiff was defaulted for his non appearance.
Defense counsel knew Adam Berlin's funeral was not until March 29th, 2020, or March 30th, 2023, after the hearing date. The ex-wife’s divorce lawyer had read Weigel's 1:27 p.m. email and seen the text message from Anya, Adam Berlin's widow. Weigel attached it to the email.
Breaking it down, once the Defense Counsel spoke, everyone, Judge Hoahng especially should have realized that Weigel's close friend was dead, and he was attending to the funerary customs. The facts met both requirements for the adjournment Judge Hoahng previously stated. No one questioned that Adam Berlin was dead or that Weigel was in Miami.
The only question is why didn't Judge Hoahng realize it? This begs the all-important question: what exactly did she have for lunch that day that could make her so disagreeable?
Weigel Didn't Even Know About the Default
Weigel not only didn't know he defaulted in his divorce case but also didn't understand the legal ramifications. Most non-lawyers don't.
Weigel didn't know that he could not put in any evidence to rebut the facts submitted by Georgina and her shark, no matter how false or fraudulent they might be.
But Weigel has definitive, black-and-white evidence of fraud.
In a subsequent installment, we will consider Weigel's evidence linked above: Divorce - Financials - Fraud.zip.
To this day, Judge Hoahng has not reviewed this evidence. Nor will she. The Referee's Report does not consider it. She based her findings on Georgina and the shark's unilateral submission. Weigel claims those numbers are more than problematic.
The Certified Financial Planner points to the fact that the financial data Judge Hoahng relied upon is based on five-year-old information. Weigel was previously a broker for RBC Wealth Management with a $300 million dollar 401(k) business. In August 2020, and began his own firm with roughly $50 million in assets under management. He earned a fraction of his previous fees and salaries.
"Cherry-picking is financial fraud 101, and that's exactly what the attorneys and referees did here," the asset manager says.
The larger question is whether Justice Tandra L. Dawson will consider it. But Weigel is not optimistic. He believes systemic fraud has made him a victim of the Divorce-Industrial Complex.
"All that's left is for Dawson to gavel down on this bogus report. And that's what she's there to do, to legitimize the fraud," Weigel says.
"My choice is between debt slavery and jail."
READ THE FULL COVERAGE AT THE FRANK REPORT
She is a pig!!! Look a her! These court systems have so much to change! Quit black balling people!!!
She ate standard fare for a family court judges lunch: children