In the dog-eat-dog world of international finance, competition is the norm. After all, keeping score is easy in a numbers-based world.
But even in a hard charging realm like finance, there are notable individuals who take their competitive drive to a higher level.
Take these extreme Type-A personalities and move those habits into separation, divorce, and custody, and you’ll likely end up with an ongoing legal morass that prevents either party from truly moving on, and leaves the child in the equation stuck between two warring parents.
In one notable case, things have escalated to include a felony indictment after an outraged ex-husband allegedly burglarizing his former wife’s home.
Temperament looks like a big part of the story for Manuel Asensio, who made a name for himself as a crusading investor, and his ex-wife Emilie Bosak, a former model who now works as a real estate agent.
The couple married in 2003 and had a daughter together in 2005.
Before marrying, the pair drew up an extensive prenuptial agreement that included terms for how visitation and custody matters would be handled in the event that they became parents, and perhaps more importantly, it included a no-litigation clause that was intended to keep the couple out of court should the marriage fail.
It seems that both parties were content to abide by the terms of the agreement when they separated in 2007. They didn’t divorce until 2013.
Asensio himself was a zealous activist in the finance industry.
After years at Bear Stearns, he created Asensio & Company back in 1992, and launched an ongoing campaign of short selling companies that he thought were engaged in some form of fraud or misrepresentation.
He was increasingly vocal in his assessments over the years, and has claimed that many of the businesses that caught his ire have ended up bankrupt or delisted from the stock exchange.
By 2004, he had faced lawsuits totalling more than $1 billion across seven states and lost millions of dollars in defending himself against the suits.
When a jury found him guilty of misrepresentation, the Financial Industry Regulatory Authority (FINRA) stepped in and disbanded his brokerage, ultimately imposing a $20,000 fine.
He kept fighting, appealing the 2004 ruling for the next two years, but failing to properly respond to requests for information by regulators.
In 2006, the National Adjudicatory Council of the National Association of Security Dealers barred him for life after finding that he had made misleading statements in regard to a company that he claimed to be short selling, but in reality was not.
Asensio has vigorously denied wrongdoing, but lost all appeals on these matters.
This is the backdrop of the years covering his marriage.
A moralistic financier married a model in 2003 and over the next few years, was forced out of his industry, found to himself be guilty of professional malfeasance, and had his business destroyed.
The Wharton School and Harvard Business School graduate must have felt acutely persecuted for his beliefs.
It’s not known whether Asensio’s professional collapse caused the collapse of his marriage to Bosak, but in 2007, they separated and began living under the terms of the iron clad prenuptial agreement that they had both signed.
The shared custody provisions seem to have become a source of conflict between the parents, and in 2010, Bosak went to police with allegations of domestic violence.
It was the first of three complaints she made between 2010 and 2014, and she successfully petitioned for orders of protection against her estranged husband, finally gaining full custody of their daughter.
After their divorce was concluded in 2013, the pair have been in and out of Manhattan Family Court with various arguments.
According to Bosak’s lawyer, Sue Moss, Asensio owes his ex-wife “tens of thousands of dollars” in child support, and, “Mr. Asensio has filed countless frivolous motions against Ms. Bosak in Family Court. Since his frivolous motions in Family Court haven’t worked, now he’s trying his hand at Supreme Court.”
So in 2015, he sued his ex-wife, claiming that the marriage was one of convenience, and that his wife’s “demonic capacities” led her to extortion and blackmail in her attempts to wrest custody from him and shake him down for money.
Asensio alleged that the the domestic violence complaints against him were lies, and that she used the resulting orders of protection to fraudulently take custody of their daughter.
The suit, in which Asensio represented himself, claimed defamation, making false statements, breach of contract over the terms of their prenuptial agreement, and other causes.
It’s not clear whether the suit proceeded.
What is known is that at the end of 2015, Asensio lashed out at seeing an Instagram picture of his ex-wife in a bikini, having a hand-rolled cigarette lit for her by an apparently male hand.
He raced to Bosak’s Upper East Side apartment, brushed past the doorman, and began banging on the apartment door with his fist as he rang the doorbell and yelled in the hallway.
Bosak’s mother was in the apartment, babysitting her grandchild.
According to the criminal complaint that followed, Asensio, “was cursing and yelling, saying that [the grandmother] had kidnapped her granddaughter, saying that his ex-wife was a prostitute.”
All of this happened while Asensio’s 11-year-old daughter looked on. The incident led to his arrest in March of 2016 on charges of burglary, endangering the welfare of a child, and trespassing.
While Asensio was pushing to have the criminal complaint dismissed, Bosak’s lawyer commented to the New York Daily News, “It’s a cycle of conduct that just continues.”
Divorce is complicated, painful, and stressful, as is co-parenting after a divorce.
An experienced attorney can help you stay focused on the things that matter and address aggravating circumstances as they arise, keeping you from making missteps that can cost you financially and personally.
When your marriage in Brooklyn is ending, get reliable legal guidance right away.
The attorneys at Zelenitz, Shapiro & D’Agostino have the resources and knowledge to help you get through this, and come out in the best shape possible on the other side.
Call 718-725-9601 today for a free consultation with an experienced Brooklyn divorce lawyer.