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U.S. v. GUARIGLIA

February 11, 1991

UNITED STATES OF AMERICA,
v.
ANTHONY GUARIGLIA, DEFENDANT.



The opinion of the court was delivered by: Mukasey, District Judge.

OPINION AND ORDER

Anthony Guariglia has been indicted on five counts, one charging contempt of a Bankruptcy Court order that he not gamble, and four charging false statements. Of the latter, two involve alleged perjured testimony at the trial of United States v. Wallach, et al., S87 Cr. 985 (RO) on the subject of whether Guariglia had gambled, and the remaining two involve alleged false statements to prosecutors, one also dealing with whether Guariglia had gambled and the second dealing with whether he had told a prospective investor in a business he owned with his wife, and that investor's accountants, that actual receipts exceeded those recorded on the books and that he had skimmed off the difference.

Guariglia has moved on various grounds to dismiss each of these counts. For the reasons set forth below, the motion is denied in its entirety. The facts set forth below were established in submissions by the parties and at a hearing on January 28 and 29, 1991.

I.

Guariglia was an officer of Wedtech Corporation who agreed in January 1987 to plead guilty to two federally charged counts of conspiracy and two state counts of grand larceny, and to cooperate with prosecutors in their investigation of multiple crimes committed by him and other Wedtech executives, and by the public officials who accepted bribes in return for using their influence to help the company win government contracts. The criminality that pervaded Wedtech was the subject of at least three trials in this District, United States v. Biaggi, 87 Cr. 265 (CBM); United States v. Stolfi, 88 Cr. 53 (MBM); United States v. Wallach, supra, and has already been set forth in numerous opinions of this Court and the Court of Appeals, see, e.g., United States v. Biaggi, 909 F.2d 662 (2d Cir. 1990); United States v. Stolfi, 889 F.2d 378 (2d Cir. 1989), and need not be described here. It is sufficient to note that Guariglia testified as a government witness at all three trials and has cooperated with government counsel both here and in other jurisdictions, in both criminal and civil cases. Guariglia's cooperation agreement with the government obligated him to refrain from committing "any further crimes whatsoever." (GX 1, p. 4)

Wedtech was adjudicated a bankrupt in the Bankruptcy Court for this District. In aid of protecting assets for the benefit of Wedtech's creditors, a June 30, 1988 order of that Court restrained Guariglia from gambling with any of his assets.

Guariglia testified extensively in the Wallach trial in the spring and summer of 1989, and was examined and cross-examined at length on the crimes and other bad acts he had committed at Wedtech and after he left, including his gambling. As set forth in the indictment in this case, that testimony included the following:

  "Q. Did there come a time when your gambling
  ceased?

A. Yes.

Q. When was that?

A. Last summer, the summer of 1988."

(Count Two)

  "Q. Now, the fact of the matter is that you
  continued to gamble after the summer of 1988;
  right?

A. No."

(Count Three)

In December 1989 prosecutors received allegations that Guariglia had perjured himself in several respects. These allegations included a claim that, contrary to the quoted testimony, Guariglia had gambled at a casino in Puerto Rico in November 1988. They were also informed that Guariglia had told a prospective investor in A and H Toys & Hobbies, Inc., a corporation he owned with his wife, and that ...


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