Guardala - Amazing Sax Products - Dave Guardala - Bad Person

Guardala Sentencing trial

Greg Vail — Sun, 20 Sep 2009 03:16:00 GMT

It has been a few days and I feel like it is time to comment on the outcome of Dave Guardala's sentence from comments from victims that attended the long overdue event in New York - 9.11.09.

There were many things that had me upset for a few days about the sentence and the trial, but the one thing that still has me a little angry is the way the judge handled the victims in court. Dave Guardala was aloud to speak and the many victims that came to speak were shut down. Dave was said to be blaming the world for what happened, and then talking about helping kids and puppies. These guys that Dave Guardala ripped off had to listen to this crazy sounding fool and then were told that it didn't matter what they had to say.

My friend had prepared and was ready to state the facts and really wanted to after listening to Dave's ramblings, but was not given that right. Any chance for a little closure or sense of confronting this thief was denied by the judge.

I was totally enraged as I was told how he handled these guys. Even if it was not going to influence the outcome in any way, they should have been aloud to speak. Even Guardala's elderly high school teacher was not aloud to address Dave from the bench. I think this was a total travesty of justice. LEt the psychopath speak and slap the victims. Very lame and wrong!!

Then, the very least sentence Dave might get was 48 months, and this is what Guardala got - 48 months total. This of course will include 2 years of "Time served" and means he will be out in less than 2 years.

Dave Guardala stole over a million dollars here in the US and likely over a million abroad. He cost real people that I know houses, life savings, wives, girlfriends, best friends, embarrassment, and ongoing financial hardships that will follow some to the grave. Is a couple million bucks worth 48 months? Some would say YES!! What an odd encouragement to steal and balance the cost as low enough to consider it.

The only real consolation was Guardala was stopped by a few musicians, of whom I am proud to be acquainted.

Dave Guardala will be out again in a couple of years. There is little doubt in my mind that a few more months will rehabilitate Guardala, making him a puppy loving child supporter. It would be my prediction that Dave Guardala will spend the next 40 months perfecting a system of stealing that might look like a long term retirement plan. I think we would all be VERY surprised to see a check from Dave (he did promise to pay us all back), and just as surprised to see 5 years roll by without another trip to the big house.

I wish all those effected by Dave Guardala peace and blessing, since I can't find anyone that has been left a better person from any contact with this person.

I am glad it is over. Too many years now.

I hope there is nothing to add to this blog for many more years.........................................

Dave Guardala is sentenced today - 911

Greg Vail — Fri, 11 Sep 2009 23:05:00 GMT

Guardala Sentenced ~ 48 Months

Dave Guardala was sentenced today in Federal Court in Islip, New York. Having plead guilty to numerous counts of fraud and involved in a plea bargain deal for admitting his guilt, Guardala was sentenced to 48 months. With time served at nearly 2 years, and a possibility of early parole if he is really nice in prison, he should be out in a little less than 2 years.

Federal cases require a minimum of 80% time served. The decision is made by the correctional facility as to when he will actually be released.

He will have 3 years of court involvement after that, and will not be given a passport or travel privileges for some time. He is supposed to pay back victims but we know he is unlikely to do so.

These are the facts.

The rest of the story is to come, but requires some process time and a clearer head to organize.

Thanks for your interest and support over the years since this went online.

Greg Vail - SAXBOY

Guardala Sentencing

Greg Vail — Sun, 06 Sep 2009 15:18:00 GMT

As we approach the 2 year anniversary of Dave Guardala's apprehension and temporary New York residency, another strange phenomenon has been scheduled on an unrelated yet important date in American history.

Dave Guardala is scheduled for sentencing for the 807th time, but this time I am told it is actually going to happen. Of course - it has only been a few times over the past 2 years.

Check back on September 11th for Sentencing information for my dear friend David Guardala and future housing information.

SAXBOY

Dave Guardala - The Thief Complains

Greg Vail — Sat, 08 Aug 2009 16:00:00 GMT

It appears Dave Guardala is not happy with getting caught stealing millions of dollars and is found expressing himself, thru his attorney. I find it amazing that people scream for their rights in the mist of abusing so many others!

I believe these are public records so it should be OK to post them. I was told 9/11 was the new sentencing date and this is the first I have seen from the new attorney with any suggestion as to how they might get Dave off with time served and not even obligated 'on paper' to pay anybody back.

This says it all.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------------
UNITED STATES OF AMERICA
V OBJECTIONS TO PRE-SENTENCE REPORT
Cr 07-684 (TCP)
DAVID GUARDALA
---------------------------------------------
Although the sentencing guidelines are no longer mandatory the
Court is required to consider them when determining the appropriate
sentence to impose on this defendant. The following items are relevant
to this determination:

1. The pre-sentence report lists the defendant’s date of arrest as
January 11, 2008. The correct date is August 16, 2007 when he
was arrested in Germany. The sentence imposed should insure
that defendant receive credit for the period of time when he was
locked up in Germany awaiting transfer to the United States for
the purpose of being prosecuted on the present case.

2. A downward departure is permitted pursuant to sentencing
guideline 5K2. based on pre-trial incarceration where there has
been lengthy incarceration at substandard conditions. United
States v Carty, 264 F 3rd 191, United States v Francis, 129 F
Supp. 2d 612; United States v Guglielmo 07 Cr 2368.
Case 2:07-cr-00684-TCP-ARL Document 39 Filed 08/07/09 Page 1 of 9

3. Since the time of his arrest the defendant has been incarcerated at
three different correctional facilities each of which involved some
form of substandard conditions.

4. Although he did not oppose extradition to the United States
defendant remained incarcerated in Weiterstadt prison in Germany
from August 16, 2007 until January 11, 2008. On the positive side
the German prison at Weiterstadt was spotless. On the negative side
defendant received just one tray of food per day and this was at
11:15 am. He was also subjected to compulsory work in a factory
five days a week, and was locked in from 4:30 p.m. to 6:30 a.m. On
weekends he would be locked in from 3 pm to 8:15 the next
morning. While at this facility he was subjected to an anti-
American attitude which frequently took the form of verbal abuse
and sometimes the guards took it one step further by “forgetting” to
open his door when he was supposed to have his one hour of
recreation time.

5. Once he arrived in the United States defendant was placed in the
Queens private jail where he remained from January 11th, until
March 3rd, 2008. While there he was threatened by other inmates
and his food was stolen. Security was lax and the staff would not
interfere when there were fights.
Case 2:07-cr-00684-TCP-ARL Document 39 Filed 08/07/09 Page 2 of 9

6.On March 3rd 2008 defendant was transferred to the Nassau
County Correctional facility where he has remained to the current
time. Upon information and belief a number of United States
District Court Judges including Judges Spatt, Platt and Wexler have
previously granted downward departures based on the
unsatisfactory conditions that prevail at this facility.

7. According to the defendant the current problems at this facility
are numerous and include each of the following:

A. bed bug infestation. Skin rashes and related ailments are
routine and hydrocortisone cream is dispensed on a daily basis. When
defendant complained to the authorities he was told he was probably
having a reaction to the laundry detergent. However his “reaction”
stopped only after he was given a new mattress.

B. rodent infestation. Each night the defendant stacks up
books at the bottom of the bars to his cell to try and prevent the bugs
from taking over his cell.

C. Unhealthy food. Defendant frequently has headaches which
he attributes in part to the high sodium content in the food that is being
dispensed. In addition the quantities dispensed are inadequate and it
not uncommon to find rodent feces and vermin on the food trays. As
evidenced by greasy film and contents left over from prior meals the
food trays are not being properly cleaned and sanitized.
Case 2:07-cr-00684-TCP-ARL Document 39 Filed 08/07/09 Page 3 of 9

D. Exposure to Disease. While at this facility defendant has
been exposed to various infectious and communicable diseases For
example he believes that there are currently has at least 3 inmates in
his housing unit with hepatitis C. In his prior unit every inmate was
exposed to this disease because the inmate handling the food cart had
hepatitis “C”. Inmates at this facility are exposed to a variety of
diseases including HIV/Aids, MRSA (methicillin resistant
staphylococcus aureus), Herpes, Venereal diseases and fungal and
bacterial ailments.

E. Gang rivalries and violence at the facility continues on a
daily basis. As a non-member of any of these gangs he has been
subjected to extortion and threats of violence. Fortunately his ability to
read and understand English enables him to assist other inmates with
their cases and in return this gives him some degree of protection.

F. Unsanitary Conditions. There is very limited hot water for
showers, the ceiling leaks and mold and mildew is rampant. This
includes black mold on the air intake and exhaust ducts in each cell.
Sometimes when a toilet is flushed there is a backflow of feces into his
toilet. ( Counsel has previously been told about this by other inmates at
this facility) The backflow of raw sewage into his toilet is most
common during the night. To minimize this defendant flushes his toilet
periodically. Of particular concern the razors used for shaving are
Case 2:07-cr-00684-TCP-ARL Document 39 Filed 08/07/09 Page 4 of 9
being re-used without proper sanitary precautions being taken.
Defendant became aware of this when he recently received a razor
which was not particularly sharp and when he took a close look he
observed blood and hair on the razor. When he commented on this the
inmate behind him also noticed hair on the razor given to him. By reusing
razors without taking the necessary precautions the facility is
risking the spread of various diseases including hepatitis “C”.

G. Delayed Healthcare. Defendant claims that it takes 4 to 5
days after filling out a request for sick call to be brought to see any
medical staff. To see a dentist or specialist takes longer. A routine
matter such as getting Motrin for a headache or backache can take a
week. In 1999 the Department Of Justice investigated conditions at
this facility including the claim that inmates were being physically
abused and that the facility was deliberately indifferent to the serious
medical needs of inmates and after findings were made by the
Department Of Justice the jail entered into a settlement agreement.
Paragraph 27 of that agreement requires that all sick call requests are
evaluated by clinical staff within 24 hours and that these requests be
logged in showing the date of the request and the date the inmate was
seen. If the spirit of this agreement was being adhered to then there
should be no reason why it takes a week to be treated for a headache.
Case 2:07-cr-00684-TCP-ARL Document 39 Filed 08/07/09 Page 5 of 9

H. Other problems at this facility include lack of adequate time
in the law library (one hour per week), constant banging of steel gates
causing ringing in defendant’s ears, lack of proper bedding resulting in
constant back pain and lack of sleep,etc.
While counsel would not suggest that inmates are entitled to
luxury housing there are certain minimal standards of care which
should be met including those set forth in the settlement agreement
referred to above. Certainly it is inhumane to have to wait a week to
be treated for a headache and there is no excuse for not taking all
reasonable steps to maintain proper sanitation and prevent the spread
of disease.

In determining the appropriate sentence the Court should
consider the conditions to which this defendant has been exposed to at
each of the above-mentioned facilities.

7. Inapplicability of 2B1.1(9)
Although the federal sentencing guidelines are only advisory
the Probation Department has once again listed every possible
sentencing enhancement. In this case that includes Guideline
2B1.1(9)( . At first glance this enhancement seems applicable
because defendant was in Germany at the time these crimes were
committed. However, counsel would suggest that Americans
Case 2:07-cr-00684-TCP-ARL Document 39 Filed 08/07/09 Page 6 of 9
convicted of crimes in foreign countries should not be punished more
harshly because they are not citizens of that country. Similarly this
enhancement (and similar enhancements subsequently enacted) is not
intended to simply punish criminals living outside the United States
more harshly than domestic criminals. Harsher punishment was
intended for situations where geographical location was being used to
hide the identity of the perpetrators. For example in many instances
foreigners have used the e-mails to induce Americans to send them
money. The people sending these e-mails use fictitious names and
often represent themselves as barristers, or government officials. For
example in United States v Okehi, 2003 U.S. Dist. LEXIS 17950 a
person using the name Dr. Usman Bello claimed to be a member of the
federal ministry of finance of the republic of Nigeria. In that instance
his geographical location was being used to hide his true identity thus
making prosecution more difficult than it would have otherwise been.
The present case presents the opposite situation. Before moving
to Germany David Guardala was a well known and highly respected
individual within the music industry. Even today the quality of his
products is lauded on the internet. As indicated in the pre-sentence
report he left this Country for reasons that had nothing to do with the
commission of any crimes. When David Guardala committed the
crimes that are the subject of this indictment he continued to use his
Case 2:07-cr-00684-TCP-ARL Document 39 Filed 08/07/09 Page 7 of 9
own name and with limited exception dealt with individuals who knew
exactly who they were dealing with. It is therefore respectfully
submitted that the fact pattern of the present case is outside the
heartland of the situations for which 2B1.1(9)( is intended and that
the Court should use its discretion and sentence defendant without
applying this enhancement.

8. Restitution. – With regard to making restitution the Court
should be aware that the ability of this defendant to earn living has
until now been contingent on the excellent reputation that he earned in
the music industry as a result of the innovations that he created. His
good name was his financial ticket. As a result of the activities to
which he has now pleaded guilty that good name is now gone and his
ability to earn a living in the music industry or any related field has
been nullified completely. It is respectfully submitted that the Court
should consider the earning capacity of the defendant when
considering the amount and terms of restitution.

9. Imposition Of Fine.- As indicated above defendant’s earnin
capacity is substantially diminished from what it once was. The
defendant is currently without funds with which to pay a fine.

10. Supervised release – Upon completion of his incarceration
the defendant will attempt to secure employment that will enable him
to exist and to meet the financial conditions that the Court may impose
Case 2:07-cr-00684-TCP-ARL Document 39 Filed 08/07/09 Page 8 of 9
on him. Based on his recent notoriety defendant would respectfully
request that he be permitted to travel outside the United States during
that time period because he believes his best chance to succeed
financially would be outside this country and it should be noted that in
the past the defendant has operated a factory in Germany.

Respectfully submitted by
Martin G Goldberg
Attorney for David Guardala
672 Dogwood Avenue # 183
Franklin Square, N.Y. 11010
Dated: August 7, 2009
Cc: Probation Dept.
Case 2:07-cr-00684-TCP-ARL Document 39 Filed 08/07/09 Page 9 of 9

__________________________________________________________

RECAP -
1. Dave Guardala has been abused after stealing from everyone he knew.
2. He destroyed his good name in the music industry so can not pay anybody
anything.
3. He is making a great case for TIME SERVED - SEE YA!

You think Dave Guardala should have thought about the possibilities of incarceration
and that it might include a few of his rights finding little support. For instance - the right
to be free!

I am glad to see an educated legal type actually able to argue that Dave was stupid
so he should not be in trouble. Pretty amazing. This email came sent under the SUBJECT :
POOR DAVE GUARDALA

As I continue to pay for the losses from Dave Guardala Ripping ME OFF; all I can say is -
5 more months on the personal loan, and I was up at 5 am at a car show - still trying to sell
my classic 62 Impala to pay my Mother back; because good people don't rip family and
friends off!! So sorry you are not comfortable! I got 3 hours of sleep last night again
- thanks to my friend Dave Guardala - who willingly and with great joy STOLE 20K from me.

Not bitter - but bothered by this silly argument.

Think before you steal!

Don't complain about the consequences for too long, because no one really cares!

Screw everybody you know and every family member that you can! What are you left with??

Please refer to the above "conditions"

UPDATE COMPLETE. Grow up Dave!

Dave Guardala brand name vrs. Dave Guardala the scum bag

Greg Vail — Sat, 11 Jul 2009 20:47:00 GMT

Just received a post similar to others I have seen and responded to here on the Guardala BLOG.

The post said that Guardala being a crook made him never want to buy anything Guardala made. You can read it in a comment for one of the past 2 posts I have made.

The issues are many here. For one - on the used front, the sax player that owns that Guardala is not to be punished for the actions of the maker. The mouthpiece is either a great piece or not. I had Dave Guardala steal 20 grand from me and still play Guardala mouthpieces on 3 of 4 saxophones. All 3 are original Dave Guardala handmade mouthpieces. I would not trade them for the world. But I would not have Dave Guardala over for Christmas dinner for the world either.

The guy made great stuff. But the guy was morally challenged. The 2 things are not related. Dave Guardala does not make anything anymore. To support things he was to receive profit from might turn my stomach but all new and used Guardala brand mouthpieces and products have no relationship to Dave Guardala. In fact, for the new stuff, they are made by people that Dave Guardala ripped off and actually support the recouping of losses from bad business deals or illegal activities by Dave Guardala to those individuals.

WWBW Guardala's and PMS Guardala's are made by, sold and profit those 2 businesses, with not one penny going to Dave Guardala. I wont try and explain the complexities as to how or why there are 2 different companies making the same product with Dave Guardala's name on them, but I can tell you they are independent of Dave Guardala - 100%!!

I can tell you I have owned each of these and really like the PMS version. I even had Nadir at PMS reface and replate my original Tenor Crescent Guardala and it came back better than ever. The name Guardala lives on, but Dave is going to rot in jail with no money ever to me made from his name again.

And, as I said earlier; I have original Guardala's that I have never felt bad about playing on. they are great mouthpieces!

It can be hard to separate character and abilities. Just because someone has an amazing talent it never makes them an amazing human being by default. Just like the person that has little talent but gives so much!

Dave made great mouthpieces and was a piece of poopy.

Another example would be what I face in Church every day. People with huge hearts and no talent wanting to play in the music ministry. I have to split that hair all the time. Great people don't always mean great leaders, musicians, or anything else. And a great guitar player/singer might be a horrible worship leader!

SO, in defense of 2 people I really respect, and the hundreds of sax players that might be selling vintage pieces one day - lets try and keep the beauty of the art and the villain separate. I know I have had to.

Thanks for reading,

Greg Vail ~ SAXBOY

Check out tons of Video on You Tube on Guardala Mouthpieces - Alto - Tenor - and Bari Saxophones!

Dave Guardala UPDATE July 2009

Greg Vail — Sat, 11 Jul 2009 20:17:00 GMT

JULY 2009 UPDATE

It is early July and little has been coming out on Dave Guardala for some time now.

I know he is still in jail in Islip New York.

I know he plead guilty to a bunch of federal crimes and promised to pay everyone back.

I know he is awaiting sentencing.

I don't know why he is still waiting?

I did receive a notice that he was rescheduled to be sentenced July 27th I believe. It came by PDF from a friend on the East Coast that dug up a letter from his latest attorney requesting the extension from mid June to late July.

I would guess we should hear something pretty soon, but would not hold my breath. Dave Guardala has been in custody since September 2007. The good news was the end of his stealing from musicians. The sad news was he went there in the first place. The news so few even care about anymore is when it will be final, since he is behind bars now anyway.

I will update if I get anything. You-all are free to post any info here also.

Thanks for checking in and have a great Summer!!

Update April 2009

Greg Vail — Tue, 31 Mar 2009 07:09:00 GMT

Dave Guardala Update

There 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

Guardala in 20la

Greg Vail — Thu, 12 Feb 2009 20:07:00 GMT

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

Guardala Plea and Sentencing

Greg Vail — Fri, 21 Nov 2008 16:40:00 GMT

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......

Dave Guardala Pleads Guilty!!!

Greg Vail — Thu, 20 Nov 2008 14:41:00 GMT

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.

Dave Guardala Court Update November 11, 2008

Greg Vail — Tue, 18 Nov 2008 20:20:00 GMT

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!

Guardala October 10 Court Date

Greg Vail — Fri, 10 Oct 2008 15:03:00 GMT

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???

October Court Date???????

Greg Vail — Fri, 03 Oct 2008 19:12:00 GMT

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

September 15th Court date is pushed back a month

Greg Vail — Sat, 13 Sep 2008 09:38:00 GMT

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

What's going on here?

Greg Vail — Sat, 30 Aug 2008 17:46:00 GMT

DAVE GUARDALA AUGUST 2008

Well, 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
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Dave Guardala - an example

Greg Vail — Sun, 17 Aug 2008 13:31:00 GMT

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

Dave Guardala Court Date Approaches

Greg Vail — Sun, 10 Aug 2008 21:55:00 GMT

Well, even though I can't believe it, this case seems to be headed towards wasting the government's money (which is the tax payers money - which is our money!) and is going to trial. I thought for a while that this was a ploy of some sort to attempt to look like a good guy in the 11th hour and not go to trial with a healthy plea bargain following.

All the email and court papers I have seen seems to be making a case for Dave's continued lack of any judgment or intelligence of any kind. It would appear that Guardala has been complaining about his counsel, and wanted a new public defender which was denied by the Judge. From what has been going on, it seems Dave thinks he should get off and believes he can. This is amazing!

If anyone knows how wrong he is, it should be him, He was there, doing the deed, and ripping everyone off. He knows he is a lowlife thief that preyed on sax players and then on others, once he had his 'evil chops' better fine tuned. I hope Dave gets 100 years in jail at this point. Of course he wont. But, what a dick...

So, I have a scheduled conference call Thursday with investigators and will find out at that time, what involvement I might have in the case. I know we have 100's of documents and hours of taped conversations and dozens of victims that had no doubt they were dealing with Dave Guardala. I think reality for Dave is still something that needs a minor adjustment.

SO, for those of you asking for an update - that's it. It is going to trial. Dave could be defending himself. Dave is going to jail for at least a few years. The trial is to begin September 15th I believe.

This would be another site online that truth looks much stranger than fiction...

Hey, Dave. If you have computer access there in jail - YOU SUCK!

Thanks for your input guys and any news, please pass along...

Greg Vail

Guardala Court Day June 6th UPDATE

Greg Vail — Sat, 07 Jun 2008 15:46:00 GMT

Dave Guardala Update 6.7.08

Dave Guardala was in court again yesterday and I did get an email with the days notes. It was not very good news since many of us just want him to go away to prison and and be done with it. Of course we all want our money back but we also want fairies to come and give us uncountable riches too.

The court notes straight from the court papers -

You can read them for yourselves.

Do these minutes contain ruling(s) on motion(s)? YES NO
TEXT
Conference held. . No plea has been reached. The Court will set a trial date. The defense counsel is on
trial until the end of June. 20 potential witnesses need to be prepared many from out of state and some from
Germany; multiple tapes and documents need to be copied. The parties agree they need about 8 weeks to prepare
for trial and have previously arranged travel plans in August. The trial will last 5 weeks. Based on the arguments
presented by counsel the Court will set a trial date of 9/15/08 at 9:30 a.m.. Order of excludable delay entered
based on complexity of the case. To ensure that the time is still needed the Court will set a set status conference
for 7/11/08 at 9:30am..

I guess he is working the process best he can.

Greg Vail -- SAXBOY

Another Day and another scheduled

Greg Vail — Fri, 09 May 2008 17:37:00 GMT

Hello Guardala Scam followers. The story continues again with another court date scheduled for June 6th. This is what I have -

The following transpired at Guardala's
court conference this morning before Judge Platt. Guardala's attorney
informed the judge that she needs more time before she can allow her
client to either plead guilty or proceed to trial.

She claims to need the time to have some documents that were found in
Guardala's luggage translated from German into English. It was also
announced in court that the government has recently identified
additional victims in this case by reviewing other documents found in
Guardala's luggage.

At least 5 victims were present in court today despite incredibly
inclement weather. I am impressed by the commitment that all of the
victims have shown throughout this matter. I hope that we will have a
definitive direction in which to go after the next court date; June 6, 2008.

Dave Guardala is a bad person and did very bad things to toooooo many people! SO, I was right in yesterday's post. We await another court date and my attempted, self imposed, reverse psychology did not work. Nothing today and another month to find out what these documents say and who these new victims are. Bad Dave!

Greg Vail
Sax Players Blog
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Guardala back in Court Today

Greg Vail — Fri, 09 May 2008 05:46:00 GMT

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
Sax Players Blog
My Space Greg Vail Sax
Face Book Fan Page
You Tube