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Dave Guardala UpdateThere has been little going on with the Guardala case. I did receive paperwork last week that stated Dave Guardala had been convicted of fraud and asked me for the same information the courts already have in regards to loss related to the scam. Pretty silly but I will fill it out and send it in.
I have received a few comments and emails directed at my attitude regarding these events. I have also seen forum and blog posts that are less than kind toward me, sighting my Christian faith, letting go, forgiveness and the like.
To answer these critics, I have to say I am fine. I am not lost in anger, or even thinking about this stuff very often. I am busy struggling like everyone else in a bad economy with too many bills and trying to get a CD released in the middle of it all. I don't have time or the desire to rehearse these events and, quite honestly, Dave doesn't deserve that kind of attention or energy any longer.
There was a time that getting him stopped was a focus and 24/7. Since then , there are times that I am reminded that the depth of current hardship has something to do with the stupid scam I fell prey too. But beyond that, I don't really care to live this as a daily event and don't have the time to do so.
Dave Guardala has been sitting in Jail since September 07. He is guilty and will be going to prison for many more years. The money is gone and the mistake was mine and his. Mine for believing him, and his for being a liar.
Take a look at the dates when posting a comment on something I posted. Often the post is old and at that time, a little anger was just fine. I was lied to by a friend and had a lot of money stolen from me. That was then and this is now.
The critics that go into that mater syndrome thing need to have a friend rip them off and then call me - then we can talk. You really should know about something before you open your mouth about it, but then the web fixed all of that I guess. I stand before God and am good with Him on this. Doesn't really mater what anyone else thinks does it. That would likely be the reason for not responding to every goofball post with anger because I don't care. But to those of you at that have voiced concern, I comment now to let you know I have gone on and life is all about new challenges and joys, not old pain.
I'm sorry that I don't really even check this very often anymore. But it is part of leaving it all behind.
When there is a news worthy update, I'll be back to share it since many have come to trust the information here and know current facts will be shared.
Blessings to my many new friends, brought together by these events. Just one of many good things that have come from the bad!
Greg Vail - SAXBOY
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| Posted by Greg Vail at | | | |
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Hey East Coaster that have Guardala investigator info!
What's going on? I thought we had sentencing going on this year - like January?????
Just checking in. I know many of you check in here, so pass on what is known so we can let all the regulars know what's up!!
Greg Vail SAXBOY
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| Posted by Greg Vail at | | | |
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Well, the plea is in. Guardala has plead guilty to 1 count of fraud with the condition of no more than 57 months in prison and repaying 1.1 million dollars to victims. Sounds good at first look when it sounds like a guilty plea and money for victims is coming. It sounds really good!
But what does it really mean??
If Dave Guardala does not have an account off shore with lots of money in it, then this is Dave being the evil piece of crap he has been for the last 5 years and possibly the last lifetime. Does Dave have any money? The answer so far has been NO! Does the same Dave Guardala that maliciously ripped so many people off, stealing from friends, family and business acquaintances with no regard or respect for any of the people that helped make him the success he was change in jail over the past 2 months????
I think not. I think Guardala is playing the game and has no intention of ever paying anyone back. I think he is still a piece of garbage and needs to spend the next 20 years in jail unless he can transfer moneys into a federal account prior to his sentencing.
How many mouthpieces need to be sold to net 1.1 million dollars? Does anyone have any idea? If the profit on each mouthpiece was 400 dollars, it would take 2,750 mouthpieces to pay everyone back. This coming from a man that proved this was unacceptable to him and he needed to start stealing from his friends to live high and mighty.
This makes no sense to me whatsoever. If Dave Guardala has money, he needs to make it available to the court as part of getting this reduced sentence. If Dave Guardala is screwing us all again, and now laughing at the American legal system by simply saying, "Hey, I'll pay them back" with no intention of ever doing so - Dave needs to sit in jail for the next 20 years making mouthpieces until he has paid every person back, then get out of jail.
In civil court; if a person gets a generous sentence of picking up trash on the side of the freeway, lets say 200 hours for some stupid thing they did; the work detail has a time limit and if not met, a much harsher jail or prison sentence will follow. i know this because I have seen people go to jail for a year for an illegal U-turn. Judges don't look kindly upon giving a person a break and then watching that person say F You to the court and not comply.
The problem is, with cash reimbursements, there is no scale of compliance. If all Guardala has to do is say he ripped up off, plea guilty to 1 charge, gets off with a very light sentence, and then laughs his way thru the next 20 years of his life sending someone 10 dollars a year - owwww that makes me mad.
OK, so I am told the government can attach his wages - 10% of gross earnings. If Dave walks out of prison and gets a 100,000 dollar a year job, claiming everything as a good citizen in the US, 10,000 dollars a year annually would be garnished by the US and distributed to victims. 10,000 dollars a year would take 110 years to pay 1.1 million dollars. And this from such a high valued, deep charactered individual.
I think this is simple, if the prosecution can only see it as anyone else in the world might. Dave is an evil piece of garbage that should spend the next 40 years in jail unless he has the money. If he is furthering his abuse of both victims and the legal system by lying about his intention to pay or even ability to do so, he should face more bad news. Guardala should not be aloud to play a game and flip all of us off AGAIN.
PLEASE - DO NOT LET HIM OFF UNLESS HE HAS A REASONABLE PLAN TO REPAY OR HAS THE MONEY NOW. AND GET THE MONEY FIRST!
The Auto industry just got there hand slapped. They wanted a bunch of money to bail them out, and even a bunch of dishonest politicians could see it was wrong. They told them to show them the plan. Giving huge concession to an evil group of people is foolish. Show me the plan! They now have to explain what the money would go to and how it would be used with what it is projected to save. These multi million dollar CEOs can all kiss my hindquarters. The plan needs to be fire all but one of them,the guy that is not taking millions from a failing business, running to the tax payer saying 0 HELP HELP!!!!!!
In the same way - Dave Guardala - running to the judge saying HELP HELP needs substance. Why would any legal system listen to an admitted crook when there is no plan! HOW STUPID WOULD THAT BE?
The guy just admits to being a lying sack of trash, and then says hey I'm gonna pay everybody back and plant sunflowers all over America! Bit me Dave......
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| Posted by Greg Vail at | | | |
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Here it is - straight from Newsday - BY KATHLEEN KERR
It's time for David Guardala to start playing the blues - the saxophone innovator pleaded guilty Wednesday to a federal charge that he used wire fraud to cheat fellow musicians out of their money.
Guardala, 49 - inventor of a state-of-the-art saxophone mouthpiece - pleaded guilty in U.S. District Court in Central Islip to one count of wire fraud. The plea deal requires Guardala to pay back $1.1 million to people he defrauded from New York to California.
Guardala plays the sax and grew up on Long Island. A number of well-known saxophonists, including Branford Marsalis, use the Guardala mouthpiece. He had a Bay Shore plant that manufactured the mouthpieces but ended his career in the mid-1990s and moved to Frankfurt, Germany.
A federal indictment had charged Guardala with scheming to convince acquaintances to give him money to invest in rare musical instruments, cameras and businesses that didn't exist.
The wire fraud count to which Guardala pleaded guilty involved a plan to get two acquaintances to send him a total of about $277,000 through Western Union and MoneyGram.
The money, sent from the U.S. to Germany, was meant as payments for expensive Linhof camera equipment Guardala said a German widow wanted to sell. The two men never received any camera equipment from Guardala.
"It's been a long time coming," said Assistant U.S. Attorney Richard Lunger outside court. "This case is about a breach of trust."
Guardala's attorney, Martin G. Goldberg, said, "It's sad because he had a really good reputation in the world, the music world."
Another of Guardala's schemes involved investments in a company that he said would sell instruments made in Vietnam.
Guardala's victims included a childhood friend and a retired music teacher from the Islip school system.
Sentencing is expected in early 2009. He faces a maximum 20 years in prison. He also could receive a fine up to twice the $1.1 million in restitution he has already agreed to pay.
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| Posted by Greg Vail at | | | |
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Dave Guardala - Mouthpiece Maker to the Stars
Hey Saxophone Player and Music Business people!
I almost have news today, but guess it is a heads up to check in tomorrow afternoon for a possible change in this ongoing court mess orchestrated by our dear Dave Guardala. Sources state a possible plea tomorrow in the case. Recent documents have been sent claiming a plea bargin was underway and the Jury selection was set for December 15th! I would have to admit, the court process seems somewhat odd most the time! To see court docs claiming an end and a next step in a trial within 2 days of each other can be hard to grasp or believe.
What I know at this time is, a meeting is scheduled tomorrow and could bring about a change in the current status of 'twilight zone' that this case has been resting within.
Have been off this BLOG due to the ongoing nothing that has been taking place. I am encouraged that something might actually be changing!
Dave Guardala can't keep this out of the courts forever!
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| Posted by Greg Vail at | | | |
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According to Court documents forwarded to me this morning, our dear friend Dave Guardala was in court at 9:30 AM in New York. Dave Guardala was scheduled to begin trial today on fraud charges - a 12 count Federal indictment that was supposed to be starting today.
The documents forwarded state that Guardala did see the Judge today, but give no further detail.
At last update by prosecutors, Guardala was working on finding a free Attorney and was granted an 30 day extension to try. Guardala has been in custody for over a year now. Does anyone know what happened to day in court? I wouldn't even know he had seen the Judge if I didn't have people following this case, sending me these documents.
Update???
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| Posted by Greg Vail at | | | |
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Dave Guardala vanished a few years ago - known fact.
Dave Guardala surfaced in Germany - known fact.
Dave Guardala sold me a bunch of saxophones that never existed - stated fact.
Dave Guardala duplicated a scam to defraud every saxophone player and music business person he could - alleged.
Dave Guardala found many victims willing to invest and never delivered anything promised - alleged.
Dave Guardala is in Jail in Islip New York, and continues to put off the inevitable - hearing to face charges - 12 count Federal Indictment - known fact.
Dave Guardala managed to get more time and proceedings are pending for October 2008 - known fact.
Dave Guardala is going to trial this month? UNKNOWN.
Dave has successfully pushed this trial back, having been placed in custody a year ago in the US.
I have had many forward court papers and documents over the course of these proceedings.
Does anyone know if the trial is going forward this month as last stated by the court??
Thanks,
Greg Vail SAXBOY
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| Posted by Greg Vail at | | | |
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Hey Guardala blog people.
The scheduled September 15th trial start was pushed back 30 days. I got the calls this morning. The trial was scheduled to start Monday, but will be postponed for a bit.
Just wanted to let those of you know that are following these proceedings.
Greg Vail SAXBOY
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| Posted by Greg Vail at | | | |
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DAVE GUARDALA AUGUST 2008Well, as of August of 2008 there is little question that the real Dave Guardala did really go to the dark side and defraud dozens of individuals and businesses of 100's of thousands of dollars. I do still get the occasional email from a well meaning individual living in disbelief that Dave Guardala could do such a thing though.
To the few that don't believe the story and still maintain that the ability to create a great product precludes any ability to be evil, I have one thing to say. These are not mutually inclusive factors. Bad people can do good and good people can do bad. Just because an individual excells at making a great thing, product or venture or whatever; it does not mean they are good. SO often, we have problems separating the person from the event. I don't know how or why Dave Guardala went evil on the sax world. All I know is that he did. I have personal involvement and have meet many other respected individuals thru these events that share the same story.
Yes, the real Dave Guardala did bad stuff. He is in jail and will be facing charges that he did bad stuff. If the facts are accurate (as I believe they are), Dave Guardala will have an extended stay at a prison here in the US. I don't claim to understand the legal process or the court system at all. I do claim to be a victim of Dave's stupidity and have hopes that his last year in jail in New York will be extended for many years in the prison system.
Sorry for feeling the need to go there again, but sometimes the email can be a bit frustrating.
On another note - Does anyone know what is going on with the September court date??
I was contacted, interviewed and know nothing more. Any of the other victims out there with any update? Any of the local New York guys dealing with investigators know anything new? Is the court date proceeding - September 15th??
I would love to hear from anyone in the know with a little update. Sometimes being on the West Coast, far from the action, feels like I am very out of the loop.
Appreciate any word on this...
Thanks and hope to see many of me online friends in New York next month!
Greg Vail
SAXBOY
Greg Vail Official Sax Site
Greg Vail personal BLOG
My Space Greg Vail Sax
Face Book Artist Page - Greg Vail - hear the new CD for free in the Music Player!
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| Posted by Greg Vail at | | | |
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WOW - I am so surprised to get the most recent comment I just got under 'What Does Dave Guardala Look Like?'
Another kind hearted soul questions the possibility of Dave Guardala being able to do such a thing.
I said it there and now say it here.
Please do not confuse Gift and Talent with moral good or Character. I know I did. I saw the gift and believed the person. These 2 areas of human expression can be completely unrelated! A gift does not imply a good person. Bad people can have great gifts but lack the common sense to grow within the gift.
Court Trial is coming in September. All of you that might not understand this distiction, please join me with your beloved Guardala Mouthpieces - Islip New York - September 15th - Scheduled trial date for The US vrs. Dave Guardala.
gv
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| Posted by Greg Vail at | | | |
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