Guardala back in Court Today

This entry was posted on 5/8/2008 10:46 PM and is filed under Guardala News.

MAY 9th, 2008 Dave Guardala in Court

My last post said "Waiting for the next Court date - May 9th" Well, it is officially May 9th on the east coast and the court calendar reads -

09:30 AM
Criminal Cause for Status Conference
USA V. Guardala
Deft. - David Guardala - in custody

I would have thought this was going to be the big day, but time and posts below would indicate this will be a day, just like all the other days Dave Guardala has been in court, but don't expect any real news. This has been going on for some time and continues again today. (Of course, since I said that, the sh*t will hit the fan with news

Any of you east coast guys that get to the court house, drop a line so we can find out what happened with the latest information that caused this last delay. I appreciate it! Being on the west coast, I really do appreciate you-all taking a minute to keep all of us up to date on the proceedings.

Thanks,

Greg Vail
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5/27/2008 4:54 PM Jason wrote:
This blog was brought to my attention by another sax player. I have no connection, professional or personal, to Guardala or Vail. I am saddened by the trust violated. I'll preface my comments with the disclaimer that I am not a criminal defense attorney, but an intellectual property attorney.

I noticed there was some surprise expressed that there hasn't been a plea of guilty entered by defendant Guardala. If a defendant has representation, a plea of guilty is very seldom entered initially. This occurs for two reasons: (1) bargaining tactic for the defense to get the best plea deal, (2) allows defense attorney time to review case history and bring himself current on state's evidence. Waiving a right to a speedy trial is also commonplace. In short, Guardala's lawyer needs time to build a case - not necessarily establishing innocence, but to show mitigating circumstances. The lawyer will attempt to show the extent and nature of the purported criminal acts aren't as far reaching/serious as the AG contends (the actual acts, of course, could be more serious). Please understand that I'm not speaking to the merits of the case here or adopting any position. I'm merely trying to shed light on the civil procedure aspects of the proceedings. Hope this helps.
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1. 5/27/2008 10:39 PM Greg Vail wrote:
  I know you are right here. The responses of disbelief come from those of us that did get ripped off and know beyond a shadow of a doubt Guardala is guilty. I am aware of the process and really think it sucks since it has so little to do with right or wrong and everything to do with positioning for a favorable sentence when a lowlife is guilty. I hope he gets the maximum sentence and know that is not going to be nearly long enough for those peoples lives he destroyed. Oh well, at least the mayhem has stopped for now.
  
  Thanks for posting from a legal perspective to help people understand the process.
  
  Greg Vail
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5/28/2008 1:34 AM Jason wrote:
Happy to do so. I lost around 45K myself in a case of fraud and misrepresentation. I know how it feels, believe me. If this is of any consolation, the big victory here is the fact that acting together you were able to have DG prosecuted. Not an easy feat today with crowded dockets and limited resources. You all should take pride in this accomplishment. Your greatest ally now is the press, not the judicial system. When you're in that courtroom, make sure you have a member of the press with you. It's the negative press that will contain Guardala and discourage future underhanded dealings, not court ordered sanctions. If the goal is recovering damages, don't waste your time with civil proceedings unless you can document through a PI that DG has reachable assets in the US. If misappropriated funds are secreted abroad it's nearly impossible to get the funds repatriated. It's also highly unlikely he will serve jail time. I would focus on prophylactic steps to prevent future criminal activity, rather than holding out hope to be made whole. It's not ideal, I realize, but it will help safeguard your community of working musicians while acting as a deterrent to other scoundrels similarly inclined. Lastly, you might consider having a few honest craftsmen like Phil Barone and Gary Sugal provide affidavits to the court explaining that this sort of fraud is damaging to their business, as well. That this fraud is injurious to a dying breed of artisans that make mouthpieces one at a time. Statements could also be collected from reputable brokers of collectible/vintage saxes too. Just my two bits.
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1. 6/20/2008 8:04 PM Abbedd wrote:
  Jason,
  
  You are not informed well at all. Barone and Sugal counterfeited Guardala complete with he registered trademarks. This was the subject of an action in The US District Court, Southern District of NY.
  They are the last two people who can nake an argument that Guardala is damaging to their business Would you like to hear the disgusting phone calls between them plotting their evilness.
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