On Wednesday, May 3, 2023, the Supreme Court of the State of New York Appellate Division of the Second Judicial Department ordered the disbarment of Brooklyn attorney David Augenstein pursuant to the latter’s application to resign from the state bar amid pending allegations of misconduct.
The case is titled “In the Matter of David Augenstein” case no. 2023-00979.
According to the court document, Augenstein acknowledged in his affidavit that he is presently under investigation by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts. The investigation centers around accusations of commingling personal and client funds, unlawfully using client funds by repeatedly distributing money from his escrow account before the corresponding funds were accessible, and neglecting to uphold precise and up-to-date records of transactions in his escrow account.
Moreover, Augenstein avers that he cannot successfully defend against the allegations based upon the facts and circumstances of his professional misconduct as alleged. His motion underscored that he freely and voluntarily tendered his resignation and without being coerced by anyone.
The filing states:
“As to the issue of restitution, the respondent avers that there are no issues of restitution as all funds owed to clients and/or third parties have been remitted. Notwithstanding the absence of any restitution to be made, the respondent acknowledges that the resignation is submitted subject to any future application that may be made by the Grievance Committee for an order, pursuant to Judicial Law § 90(6-a), directing that he make restitution or reimburse the Lawyers’ Fund for Client Protection, and that he consents to the Court’s continuing jurisdiction to make such an order.”
The Grievance Committee supports Augenstein’s application and recommended to the Court to grant the same.
Accordingly, the Court, finding Augenstein’s application to resign in compliance with the court rules, granted Augenstein’s resignation.
The Disposition reads:
“ORDERED that the application of the respondent, David Augenstein, to resign as an attorney and counselor-at-law is granted; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, the respondent, David Augenstein, is disbarred, and his name is stricken from the roll of attorneys and counselors-at-law; . . . .”
Mr. Augenstein practiced in Brooklyn, prior to his resignation. He attended Fordham University School of Law, graduating in 2007. Augenstein had been licensed to practice in New York in 2009, license no. 4707451. His info can be found on LinkedIn.
A copy of the original filing can be found here.
