Sorry for not posting much as of late but there has been nothing to post as Dave is still being held with no bail, in jail in New York.
His next court date will be March 28th and I would not be surprised if he enters a guilty plea on that day. As a victim myself, I know he is guilty because he ripped me off. I have also talked to all the other victims over the course of the past year and a half and believe they were also ripped off by Guardala's Scams.
So, we will see what happens on the 28th. If he pleads guilty, the next faze is sentencing, which should take place over the following month or 2.
Revised and Updated - 2.14.08 (for Valentines Day)
Since Guardala missed the last court date due to transportation screw-ups, the question has been - What's Next??
It appears Guardala has waved his rights to a speedy trial, meaning he does not mind sitting in jail too much. From what I have been told, Dave Guardala is scheduled to be back in court on March 28th for a court conference. Guardala's first court date in February
was postponed, but he did appear the following week without much fanfare. This delay is WITH
Guardala's consent. This hearing is designed for both sides
to communicate to the judge the status of the case in their
respective opinions.
So we wait for the 28th of March, wondering what it might bring. Wish there was something more concrete to report, but that's it for now.
According to Tim C. post - Dave Guardala was not in court today due to a mess up in transporting him to the court room from jail. The date will be rescheduled and posted once it is announced.
Dave Guardala should be back in court February 1st according to the court calendar just received. It is expected that Dave will most likely plea guilty at this time due to the overwhelming case the Federal Government has against him. Of course he could try and fight it but none of us have any idea what the grounds for this might be.
February 1st should tell where this is headed either way. A Guilty plea could save him some time in prison since it would not make him look as much like the creep he is. Having a dozen victims with serious loss attributed to his actions could tighten the noose around his little neck even more.
I am told we have the right to enter statements for use in the sentencing stage. Hardship, loss and personal notes relating to Guardala are to be considered in the sentencing by the Judge if the case does not go to trial. A Guilty plea would send the case straight to sentencing and avoid a trial. If it goes to trial, I will be there to testify and do whatever I can to make sure Dave Guardala spends the maximum time in prison possible.
I was surprised by the "NOT GUILTY" plea at Dave's first court appearance, but later discovered this was to be expected. Guardala had met his Public Defender 20 minutes prior to standing before a judge, and there was no time for Guardala to get any counsel in that time.
This next court date should show the future direction of the case and whether it is going to be a fight or a sentence. I believe the prosecution would like to see it go to trial since the case is so strong and Guardala's guilt is so evident.
Dave Guardala's Future
I'm not worried about it either way. I am confident of Guardala's guilt since I was ripped off. I am pleased with investigators efforts to prepare the case and feel confident about their abilities to present that case in court. I am happy that Guardala was apprehended, extradited back to the US, and held without bail thus far. I know from many of the victims, that there is a ton of evidence in this case; and all indicators say Guardala should be living rent free, as a prisoner and resident of the Federal Prison system soon.
The beauty of this, for me, is the timing. It was February 2007 that I first went online and he could well be starting his prison sentence on that anniversary. My efforts online have been tenuous and frustrating at times, but sites all over the world have carried the Guardala warnings and my personal counters for Guardala.net and DaveGuardala.net list roughly over 15,000 visitors in less than a year. Some creative math, counting views on blogs and sites around the world place the page view count at well over 100,000 pages read regarding Dave Guardala Scams and Fraud!
Thanks again to the many individuals that did believe my story and partnered with me to get the warning out that Guardala was still out there! For many, this was a very controversial topic that brought a lot of division thru the ranks. Thanks for the many that possibly experienced some hardship due to this support! I so appreciate your part in getting this wolf out of our saxophone community backyard.
To the other victims - GREAT WORK! You have gone thru some really difficult stuff and are stronger from it! You stopped a bad guy from hurting more and more and more people. Thanks So Much!!!
I'll sign off with that. We can all watch for the first news to come out of New York on the 1st.
It's official - Dave Guardala Pleaded NOT GUILTY to charges today in Federal Court in New York according to Randy Kessler, writer for NewsDay.com.
According to the article, Dave Guardala was at arraignment proceedings this morning to hear 10 counts of alleged fraud read against him with federal public defender Randi Chavis by his side. The Judge in this case is listed as U.S. Magistrate Arlene Lindsey, and proceedings were held at United States District Court, Eastern District of New York.
On the court schedule, Senior Judge Thomas Platt was scheduled in Courtroom 1040 at 11AM Eastern, for Criminal Cause for Arraignment, but it appears from this article by Kessler that the Judge today was U.S. Magistrate Arlene Lindsey.
Other interesting note was the last line of the article. To this date, little has been said or projected about a possible sentence in this case if Guardala is found guilty. Kessler's closing statement was Dave Guardala could get up to 30 years in prison if convicted.
Stay tuned as this case will have more updates as public information is gathered and posted.
It is true. Dave Guardala will be flown in this weekend to meet a public defender and judge on Monday morning in New York!! The real Dave Guardala - the Mouthpiece Maker, Sax Guru, saxophone mouthpiece king, maker of sax products to the stars - Dave Guardala is on his way to the US to face a 12 count indictment on fraud, scamming many past friends and associates out of 660,000 dollars, as federal charges read.
Those of us involved in this case as victims know the amount is much larger than that, but this is how the Federal Indictment reads.
I got a call from a fellow victim, early this morning, and then a call from an investigator working this case right after, confirming that Dave Guardala was being transfered to the US this weekend. I talked again to my friend who had spoke at length with investigators earlier this morning and it is the real deal!
The victims I have reached are very pleased with the news. Aside from going back in time to avoid business dealing with Guardala in the first place, the next biggest comment has been, "At least He's not just getting away with this!" Federal Charges are serious! If found guilty Dave Guardala will serve the majority of his sentence in a federal prison. HE than can expect Civil actions once released by victims, and there are all the other non-US victims that well have a case and jail cell awaiting once he is done serving time here - if and when convicted or plea of guilty is heard.
I'm not a legal guy and have the same access to web info as anybody here. My comments are my educated guesses.
The NEW IS - Dave Guardala will be here in a few days and before a judge.
Pretty amazing!
I just added a Comment to NO NEWS - DECEMBER 07 - that announced the same from another victim. Stay tuned. There will be more NEWS on this...
I know many of the Guardala SCAM victims monitor this site as does the US Government. Love to hear anything on the current status of the case. Anything new? Any idea when Dave Guardala will be back in the US to face charges? Dave Guardala Extradition going OK? Is there anything any of us can do to help it along?
As you can see be the lack of posts here on the Dave Guardala Blog, nothing much has been going on that anyone knows about other than the arrest and pending extradition of Dave Guardala to the United States to face allegations of Fraud.
The only new email I have received over the past few days is from a business that was hit up by Guardala to buy a bunch of great Sax Gear. I have included the list of instruments and mouthpieces for you to see what Dave was pushing. Since Guardala was a sax player and a active part of he sax community for years, he knew what to create to make an amazing list of gear.
Here is the email as I received it, just last week.
It is addressed to me by the intended victim, from Dave Guardala.
Dear Greg!
So happy to see that Dave has been apprehended!
I can only imagine how you must feel by now!
Running through my mailbox I came across the proposal
from Dave that he originally sent me.
I will list below on this proposal all of the
instruments and mouthpieces that the people are interested in selling:
1- Selmer Mark VI Soprano saxophone, 102,000 series
with High F# in original gold plated finish, with case. The instrument is in
unplayed & original condition.
1- Selmer Mark VI Alto saxophone, 100,000 series in
original gold lacquer, with case. The instrument is in unplayed & original
condition.
1-Selmer Mark VI Tenor saxophone, 101,000 series in
original gold lacquer, with case. The instrument is in unplayed & original
condition.
1-Selmer Mark VI Baritone saxophone, 105,000 series
with Low A in original gold lacquer, with case. The instrument is in unplayed
& original condition.
8pc- Selmer Sop. sax Soloist hard rubber mps. ''table
stamp''
6pc- Dukoff ''Hollywood'' brass Tenor sax mps.
4pc- Link Super Tone Master ''double ring'' metal Tenor
sax mp with serial #s.
All of the mouthpieces are late 1950's-early 1960's
vintage in original unplayed condition and in their original boxes.
The price for all of the instruments and mouthpieces
listed above is 7,000.00 euros.
If you are interested please contact me today at
+49-160-9222-5855 to discuss other pertinent details.As I informed you earlier
today during our phone conversations, payment would be made directly to the
people whom own the instruments. I will take full responsibility for packaging
and preparing the entire shipment for safe transport and delivery to you, and
the instruments would be in my custody up until the time of shipment commencing
immediately upon full payment.
I finally got what I had been praying for. Some confirmation that they have the real Dave Guardalain custody. I would have hated to realize I had got the OK, reported on his arrest, and then found out Guardala had not been the guy they had in custody and Dave got away. I had been checking daily online, for anything that would say Guardala is indeed in jail.
I got an email today from a friend, with a link to Sugal's site that had the article from the news paper with a photo. The link is - www.gis.net/%7Eschwartz/ebay/endorsements08.html. I had also received pictures a few months ago, from an "anonymous" sender with pictures of Guardala that looked very far off from what I might think he looked like. I did not post them at that time because I was waiting for the OK from the sender to do so. I never got that OK. Today I have spent some time in Photo Shop, pulling out the background to make it difficult to tell where the picture might have come from.
I encourage you to look at the news paper pic and the pic below. It is the same guy! This is the first confirmation I have seen that tells me Dave Guardala is in Jail, in Germany, and is facing extradition to the US to face charges as stated in the article you see all over the web.
The article, first written by Robbert Kessler and released online thru NewsDay.com has been spread all over the world thru the news network. I other article that sites Kessler's article has also been seen worldwide. I used to search Dave Guardala Scam or Fraud and get 3 pages of returns on GOOGLE. Now a search shows pages and pages of these 2 articles, all over the world. From China, thru Europe and right here in the US.
Dave Guardala Picture
The last piece in the puzzle has been, confirmation it is Dave Guardala. I knew investigators had said they had been told by German authorities that Guardala was in custody. But was it really him??
The answer is YES. Check the Kessler article on the link and look at this man. It is the same guy!
SO, now we can all watch for any further extradition news and hope for a day in court to follow. I am soooo glad Dave Guardala is off the streets!
Guardala Is in the NEWS - Article all over the world
I would not claim to know or understand the News World, but from my searching and research tonight, it appears that the internet posts the same stories over and over again, changing the title and maybe a few words. It seems like 1 article, posted on Daily News was the primary source for all the following links found tonight.
The Links are posted here from GOOGLE and YAHOO searches, September 9th, 2007, 9-11PM Pacific Standard Time.
In a word - WOW. I think we did it guys and gals. We got the word out!!
Please post if you see any NEW information. I will try and keep up on the new articles and sites as information comes in to relay anything new I find. It is truly amazing that a Guardala Fraud search was 100% me (my sites and my forum and news group activities). That was September 6th. On Sptember 7th, it all changed. Today is September 9th and all I can say is WOW!
