A note to Judge Claudia Silbar regarding the millions of dollars of “mistakes” my ex-husband, a CPA made, but He refuses to Rectify them and She Refuses to Order that he Rectify them
My ex- husband MARK F. HASSMAN swore under oath that “BY MISTAKE” forgot to disclose millions of dollars worth of community assets under his control and just kept them all for himself “by mistake,” STILL refusing to rectify the situation; even AFTER acknowledging he made these “mistakes” and remember his is Certified Public Accountant and a Chief Financial Officer.
Think this shows “credibility” which JUDGE CLAUDIA SILBAR said she “believes” he is CREDIBLE and then ONLY considered his “current” income and no other sources of income when she granted his request to reduce my spousal support to zero made by his expensive Newport Beach Law Firm on his behalf. JUDGE CLAUDIA SILBAR also did not require my ex-husband to comply with my discovery requests by substantiating his expenses he listed on a document he signed under the penalty of perjury which was prepared by his expensive Newport Beach Law Firm on his behalf
******I am REASONABLY trying to understand why JUDGE CLAUDIA SILBAR would make these decisions which are on the record from the public hearings on April 2, 2014 and June 11, 2014 and others also. Does she have an “AGREEMENT” with my ex-husband because she obviously knows the law?
Why would JUDGE CLAUDIA SILBAR repeatedly IGNORE the law and I even brought these “MISTAKES” to her attention on June 11, 2014 specifically discussing omitted, concealed and unadjudicated assets along with fraud upon the court?
MARK F. HASSMAN, my ex-husband, has been a CPA since 1979, a Chief Financial Officer, a graduate of the Harvard Business School who “Spearheaded” the Jiffy Lube International Initial Public Offering and hired a Newport Beach Family Law Firm to guide him through the divorce process but made these “MISTAKES” all to HIS benefit and DEPRIVING ME of millions of dollars worth of community property which he kept for himself and has REFUSED TO RECTIFY the situation along with those who helped him make these “mistakes” as he called them under oath.
***Why does JUDGE CLAUDIA SILBAR refuse to order him to rectify these “MISTAKES?” Wouldn’t you reasonably want to know? (This is not legal advice, it is my understanding)
The law requires that the Judge must adjudicate concealed and undisclosed assets or set aside the judgment and that due to many circumstances which exist here; I should be awarded 100 percent of the undisclosed and concealed assets. However, JUDGE CLAUDIA SILBAR just ignores that there are even ANY undisclosed and concealed assets. Why?
It was easy for MARK F. HASSMAN, my ex-husband and others to TAKE ADVANTAGE OF ME by concealing community property that belongs to me because: I was the full time caregiver and my ex-husband with his accounting and financial expertise and experience, was the spouse who controlled the community estate worth millions.
In addition, around the time of the divorce as many public records show, I was in a state of anxiety, taking medication; seeing a therapist and trying to cope with the sudden loss of relationships with my children due to this Parental Alienation which is well documented and continues to be well documented.
My ex-husband is a CPA and a very successful Chief Financial Officer who made millions of dollars during our marriage as I supported him in his career and WE had many successful investments and WE saved millions of dollars for our Children’s educations and our future, but; JUDGE CLAUDIA SILBAR believes he is “CREDIBLE” and he is “INSOLVENT,” WITHOUT REQUIRING PROOF of 1)other sources of income and only looking at his “current” income as the transcripts reflect and 2)not ordering him to substantiate his expenses in violation of discovery requests.
I reasonably thought I could TRUST the Family Law Firm I hired to represent ME, Judge Claudia Silbar, the Newport Beach Family Law Firm representing my ex-husband and my ex-husband to DISCLOSE the community estate and DISTRIBUTE to me my LAWFUL community property interest pursuant to not in violation of the laws related to marriage, the family, contract and property rights and not to sign a stipulated judgment which clearly shows on its face,( if you know what to look for which I now understand despite being mislead), that many community property assets could not have possibly been disclosed and that laws relating to marriage and the family, contract and property rights were violated depriving me of my property and other rights.
The following is NOT legal advice, I am just trying to expedite the legal process and promote Justice by bringing an understanding to these issues as a REASONABLE person would want to do and has a legal right to exercise her contact, property and other rights.
JUDGE CLAUDIA SILBAR:
Continuing with the list of More Community Assets worth millions of dollars that were Omitted, Undisclosed, Concealed and Not Distributed to me.
My ex-husband MARK F. HASSMAN and those assisting him kept them depriving me of my property and rights.
5)Moote Pointe Properties, LLC
The transcript from the hearing before you on June 11, 2014 shows my ex-husband testified that said LLC was omitted from the stipulated judgment by “MISTAKE” but I am concerned and do not understand why YOU did not address this unadjudicated asset which is not a harmless error.
I even had an exhibit in my RFO filed May 7, 2014 of Form 1040 Schedule E from my ex-husband’s 2010 tax return showing said concealed Company Moote Pointe Properties, LLC has a “Cancellation of Indebtedness of Income” and now has Passive Income of $60,085.
However, my ex-husband who is a CPA has not amended his 2010 tax return to give me my community property interest in said $60,085 due to a “Cancellation of Indebtedness of Income” from Moote Pointe Properties, LLC which is a community asset.
He also has NOT AMENDED HIS TAX RETURNS to account for this “MISTAKE” and other interests I have in all the other concealed assets that were not disclosed and not adjudicated or those where I never received my interest because as he stated in an email it was “off set” but I clearly do not understand how it could be “off set.” I guess this is just another one of his “MISTAKES.”
In addition, the Accounting Firm my “INSOLVENT” EX-HUSBAND as he swore many times he was at several hearings before you, hired to prepare his tax returns is the Accounting Firm where his old friend is one of the Founders and this SAME accounting firm prepared all of our joint tax returns during our marriage. Therefore, they know from our joint tax returns during the marriage that Moote Pointe Properties, LLC is a community asset and that I am entitled to receive my community property interest in said “Cancellation of Indebtedness of Income” of $60,085 as well as the other distributions and accrued interest and benefits from this company that was a concealed community property and unadjudicated along with other INTENTIONALLY DELAYED BENEFITS.
However, Judge Silbar, you granted my ex-husband’s request to eliminate my spousal support based on his “credibility.”
Did you realize that he swore he is “insolvent” but the Newport Beach Family Law Firm appeared on his behalf and still prepared documents for him even though he swore he is “insolvent” and is unable to pay my support?
Some of the documents they prepared were two of his I& Es showing he had paid his Mother, Elaine Adelberg $55,000 for some “loan” AFTER he swore he was “insolvent” and you granted his request to eliminate my spousal support based on his “credibility.” At the hearing on June 11, 2014, he said this was just another “MISTAKE” and you refused to reinstate my spousal support.
Plus, my ex-husband did not mention said Cancellation of Indebtedness of Income” of $60,085 and all the TAX REFUNDS of about $150,000 he, a CPA, delayed and he took all for himself but were attributed to my marriage. They could have been used to pay my spousal support but really I should receive them since he knowingly and intentionally concealed them.
I am sure you have seen this tactic especially from someone like my ex-husband who is a very sophisticated and experienced CPA and Harvard Chief Financial Officer.
Judge Silbar, did you realize that on his I & Es, including his wife’s income, there is still about a $5,000 to $7,000 monthly deficit because you stated on the record that you thought he was “LUCKY” to have a wife that works. However, you have refused to order that my ex-husband comply with my discovery requests and SUBSTANTIATE the payments of all the expenses he listed on his I & Es.
***Why, because providing said substantiation is following the lawful discovery procedures.
***Why should he be allowed to list expenses on his I & Es and not substantiate them? That is NOT REASONABLE and is NOT IN THE PURSUIT OF JUSTICE and if he is “credible” like you believe as you stated on the record; LET HIM PROVE IT. This is reasonable and my understanding of what a Judge has the responsibility to do, enforce Justice, not impede it. To impede Justice is against Public Policy.
Also, Your Honor, I don’t understand why you ignored another exhibit from my Notice of Motion which was also discussed at the hearing on June 11, 2014 which is the letter from the Newport Beach Family Law Firm my ex-husband hired sent to the Family Law Firm I hired and my ex-husband was COPIED IN stating: “Unadjudicated Assets” should be handled according the law. If either party “PURPOSEFULLY CONCEALED” assets, the fiduciary duty statutes will dole out justice. “Punitive Damages” are not appropriate in a divorce.
California Civil Code § 3294(c)(3) defines FRAUD as: “an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury.”
My ex-husband has not RECTIFIED his “mistakes” as he called them under oath so this clearly shows his INTENT as you know especially being a CPA and knowing his responsibility to AMEND fraudulent or incorrect tax returns.
If necessary, my ex-husband can afford to get other legal or financial advice because he could afford to go to his Harvard Business School reunion recently and pay his other expenses of over $12,000 a month as his I & Es show which include items REASONABLE people would consider luxuries which I pointed out to you at the April 2, 2014 and June 11, 2014 hearings.
***Also, as the wonderful Judge I clerked for taught me “IGNORANCE IS NOT A DEFENSE OF THE LAW.”
Also, where the defendant’s wrongdoing has been intentional and deliberate, and has the character of outrage frequently associated with crime, almost all courts allow punitive or exemplary damages, don’t they?
Also, another exhibit from my RFO filed with the court on May 7, 2014 shows my ex-husband as an Officer of several ACTIVE Companies in Pennsylvania, Delaware and California which were also concealed. As the transcript shows; my ex-husband stated at the hearing on April 2, 2014 that the STATE OF PENNSYLVANIA made a “MISTAKE.” Really? Do you REALLY believe this and think this shows his “credibility?”
What about the States of Delaware and California?
Did these states make a “mistake” too or do these ACTIVE companies he is an Officer of exist and if so, why haven’t I received my community property interest?
*** Why do you think my ex-husband is “credible” as you stated and why did you base your judgment to eliminate my spousal support on his “credibility” without diligently and honestly evaluating these other sources of income and his intent to keep making these “MISTAKES” with all of his accounting and financial expertise and experience?
Tomorrow, I will discuss these ACTIVE Companies in Pennsylvania, Delaware and California that were concealed.
*** I will also explain how my ex-husband reported the Private Investigator I hired who found them and gave his honest testimony about these concealed Companies on April 2, 2014 in your courtroom, showing that my ex-husband committed OBSTRUCTION OF JUSTICE by Retaliating Against an Honest Witness because the case based on his allegations was thrown out AGAIN, like the case based on his fraudulent allegations against me. (case # 11HM10952 Harbor-Newport Beach Facility).
***Judge Silbar, ARE YOU SEEING A PATTERN OF CREDIBILITY OR A PATTERN OF SOMETHING ELSE AS MANY PUBLIC RECORDS SPEAK FOR THEMSELVES?***
***I am trying to REASONABLY BRING OUT THE TRUTH so I can UNDERSTAND why you think my ex-husband is “credible” as you stated on the record and why you have allowed many laws and legal processes to be violated in his favor and to my detriment.
I hope we are able to resolve these issues in a few weeks at the hearing regarding the reinstatement of my spousal support since these issues are all relevant to that and also as you stated; the Court always has jurisdiction to address community property and the law mandates unadjudicated property must be addressed as well.
I hope you are finding these notes helpful as I know the Judge I clerked for would.
No one is perfect but for my ex-husband to keep making these “mistakes,” amounting to millions of dollars in HIS favor especially being the spouse who controlled the community estate and then for you to repeatedly knowingly and intentionally not resolve them shows something much more than not being perfect. I am hopeful we can all come to a fair and equitable resolution pursuant to the law and the legal processes.
-By Sara Hassman, Parental Alienation Solutions, Founder; www.PAlienation.org