Guy Gentile/SEC Site link:
Arraignment Document Back in Court for the Arraignment – April 4th 2016 – US District Court NJ. Not Guilty Plea Entered into the Court Records.
Mr. Seigel for the Defendant – Mr. Grippo for the Government
Here a simplified short- form Overview of the proceedings:
Judge, the Hon. Jose L Linares said he would sign a continuance in this matter resulting in June as the likely month when Guy will be back in court to hear his defense presented and the governments’ position and arguments.
Mr. Seigel was able to give the Judge an overview of the Defense. He said that “irrespective of discovery in the case, motions will be filed during the next two months relating to a speedy trial.
This case is somewhat unique both in terms of legal posture and the factual history.” He explained that Guy Gentile had been arrested twice for the same alleged 2007-2008 offense – in July 2012 and again on March 23rd 2016. An agreement was reached in July 2012 whereby in return for Guy becoming a Cooperating Witness (CW) the government would withdrew the complaint, and required Guy and his parents to sign bonds directly with the US Attorney’s Office. He said that, “for the last four years, Mr. Gentile has been under the government’s control, and it is our position that the Sixth Amendment is triggered at the moment the defendant is arrested and during the following period.. here the Judge intercepted questioning the statement relating to the government requiring a bond. Mr. Seigel responded saying, “yes, it was very odd, your Honor.
Mr. Seigel then drew his Lordships attention to the fact that the alleged offense ended in 2008, eight years ago, noting that the statute of limitations had passed, even taking into consideration certain tolling issues. “And then finally the third issue is one of equitable estoppel in light of representations that both the U.S. Attorney’s Office and FBI agents, amongst others, made to Mr. Gentile and his counsel during the period of the four years under which Mr. Gentile was under their control, so as of right now –“here the Judge interrupted him asking how much time he need e to file the motion.
CW’s assistance is documented here in case links to date that have been successfully prosecuted.
- Adam Gottbetter
- Kenneth David Stevenson
- Mitchell Adam
- Samuel Delpresto
- Aleksandr Milrud
- Danny Wainstein – Sam Delpresto Partner- Arrested by NY FBI for wire fraud & conspiracy to commit securities fraud for China Educational International (CEII).
There are 15 other ‘live’ cases where Guy Gentile has contributed. Jurisdictions where he has provided Cooperating Witness services include New Jersey, New York, San Francisco and Washington. In fact, the FBI is still calling him; as recently as April 26th this year, 2016, an FBI Washington office contacted him to work on a financial fraud case.