I have talked to a host of characters involved with Dave from yesteryear and no sightings or any idea where he might be from any of them.... Interesting.....
Well - I had been told Dave Guardala was up for possible release as early as this month and it would appear Dave has been released. I have only heard from one insider, who was the individual that sent the possible February release information a year ago, and then emailed me asking, then emailed again stating Prison Records show "RELEASED" as current status.
I did receive an odd email last week asking when Dave got out. I did not recognize the email address and I responded that I had not heard that he had been released yet, then asking who the email was sent by and for an update if indeed Dave was indeed out. I never heard anything back from that unknown person.
SO - I don't have any personal knowledge of a release, but can tell you the emails have confirmed the release of Dave Guardala! I have not dreaded this news, knowing one day Dave would be back on the streets and I can only hope that the ridiculously short sentence was somehow enough for Guardala to rehabilitate and determine to lead a life of good and not crime. I do hope for Dave and for the world around him, that he has committed to a wholesome path, and pray he can achieve this.
After years and months of nothing new in Guardala land - here we go into a new chapter of Guardala's life - post criminal and post prison - I hope!!
Greg Vail - SAXBOY - gvSAXBOY
Any update from the East Coast would be appreciated - be it private or posted. gvsaxboy@ gmail.com - no space
It has been 100 days since the last post because it has been 100 more days of Dave in jail and no news - which is generally good news on that guy.
SO - I was just a NAMM and when posting Guardala Mouthpiece pictures I realized the difficulty of explaining the sign the read - Dave Guardala - The Best is Back!
The difficulty lies in the differentiation of the products and the man. Dave Guardala is in prison and has been for a long time for stealing lots of money from many individuals from all over the planet. You can read about that at Dave Guardala dot net - the whole story explained - or read down this blog more toward the middle when everything was news and breaking.
In the US - there are or were 2 different Guardala Mouthpieces available to buy - one from WWBW made in the US and one from PMS Germany. The differences - WWBW took the CNC machine for Lazer Trims and made more of the pieces Dave had started to release before he turned to the dark side. The WWBW pieces were nice but no detail or hand finishing was done - spit out of the machine - into the box.
PMS also started making the mouthpieces from Germany. Nadir is a sax guy / mouthpiece guy in Germany! He took the basic design, hand finished them, started making them by hand, created new tip openings and then developed the lines further than Dave ever had. Nadir's craftsmanship is amazing. He even re built my original Guardala Tenor Crescent and it came back so beautiful I was hesitant to even play it much. He has the touch!
Now Nadir has a full line - from Soprano to Baritone of great mouthpieces and has even designed one of his own that is every bit as good as anything he has made!
Dave Guardala has NOTHING to do with any of these now. Dave makes no money from the sale, he is not friends with or in business with either WWBW or PMS. He sold his rights and lost his rights to his own name as a product and these guys are carrying on the work of making great mouthpieces for sax players worldwide.
Some friends freaked seeing me at the Guardala (PMS) booth at name. NOT THE SAME GUY! JUST THE SAME NAME!
Many thought I should destroy the mouthpieces I had from the guy Dave Guardala after this all happened! I don't think a bad man means I should stop using products that made me sound better! I would not be punishing Dave at all but really punishing myself - AGAIN!
So - I love my original Dave Guardala mouthpieces! I love the products Dave made. I don't like Dave at all because he has been a really bad man and hurt many people I loved - even hurt me.
If I had the money, I would have bought the NEW Alto Brecker mouthpiece by PMS - It was a little better and fuller sounding than my original Guardala. I really want to try the Bari and Soprano pieces!!! I could see myself playing all Guardala's, all the time!
If it plays good - who cares if it says Chicken Soup on the side?? I want to be as good as I can be - all the time!
Guardala products are amazing - old and new ----- CHECK OUT the PMS Site for expensive and beautiful pieces of art that sound great! I do........
Thanks for letting me attempt to explain.....
................clear as mud I'm sure..............
Well it has been a long time with nothing to really say other than respond to emails and stay in touch with Guardala victims. The BLOG says it has been 389 days since my last post and recent emails have encouraged me to head over to this old BLOG and make a few updates and statements.
Today is October 13, 2010. Life has moved on, yet there is still financial difficulty, felt day to day caused by Dave Guardala's actions a few years back and my foolish trust. The financial loss has had long term effects on life up to this date and likely for years to come.
But one comment I recently answered by email had to do with - no update from me and hurt all thru the blog. I promised this guy I would take a look at the blog and see if it needed any further statement. I took a look and decided I should respond to a few things right here - for the record.
The BLOG was written in real time. As the events unfolded, I wrote, Often the passion of the moment was very expressed as I wrote. Today things are very different. The anger and frustration has long since blown over. This event is not a life determining event for me. I have not even looked at the BLOG in ages and seldom ever talk about any of this anymore.
It was pretty life consuming when it was all happening, but life has gone on. Reading the BLOG, written as the event was rocking my world, could make a reader feel like I am still there with no updates. That is why I am writing.
This is not a Dave Guardala update but more a Greg Vail update.
I don't have any desire to go to dinner with Dave any time soon, but no longer have that feeling of wanting to smack him when the name is mentioned. Questions of forgiveness usually are associated with a statement that makes no sense. Forgive and Forget! It is not in the Bible. It is not even possible or healthy.
To forget bad things would be to remove the positive lessons learned from that event. It is also impossible to forget or even try to forget. Even the act of trying to forget is an action of remembering that which you are trying to forget. It just doesn't work.
I answered this very well meaning guy, with the lesson this taught me and with hopes that it could help others not make the same mistakes I made.
In a over simplified statement - I learned that it does not matter how much you admire someone or believe them. All business should be conducted with the same safe guards! Why would a friend ask you to do anything that is not fair, documented and safe??
If it is too good to be true - it is - regardless of who is saying it!
We all need to practice common sense when dealing with everyone. Yes we let stuff go and let it become the past. We can't rehearse the pain and mistakes of the past, punish ourselves for mistakes or seek vengeance for wrongs done. It only destroys us when we hold on to that crap. But we also rob ourselves of the lessons we might learn if we just try to forget these things. The best lessons we seem to learn are connected to our greatest failures.
Remember - hate is still a connection and is so unhealthy. Indifference is opposite of hate and love, which have a strange interaction with each other.
Read, learn and remember any lesson you might find in this blog. Peace to all.....
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 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.
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.
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??
Dave Guardala brand name vrs. Dave Guardala the scum bag
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.
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.
