In our previous article we covered Part 1 of Scientologist David Gentile’s Criminal Defense: “I Relied on My Lawyers for Advice! They Blessed Everything!”

In this second article we cover criminal defendant David Gentile and his co-defendant Jeffry Schneider’s use of dubious subpoenas to harass witnesses against them.

By way of background, Scientologist David Gentile and his criminal co-defendant Jeffry Schneider were criminally indicted in 2021 for running a Ponzi scheme in which they used new investor money to pay older investors. The criminal charges include securities fraud.

Specifically, the evidence shows GPB Capital Holdings issued Private Placement Memorandums in which the company mislead investors. In essence, GPB Capital acted as a Ponzi scheme by using new investor money to pay distributions to older investors.

An excerpt from the Government’s Proposed Statement of the Case:

Gentile and Schneider just had their attorneys send subpoenas to several of the Government’s witnesses which constitutes, in our opinion, an attempt to engage in witness harassment and intimidation by asking for every possible document including e-mails, tax returns, income statements and other private information.

What stood out to was Gentile and Schneider’s demand for income statements from investors. This is a veiled attempt, in our view, to threaten an investor by demanding they prove that they were, in fact, qualified investors as defined under securities law. This was also a veiled threat to examine tax returns of witnesses in hopes of finding something to report to the IRS. Coming as it does from these two wannabe tough guys, this form of intimidation is not surprising. 

The subpoena, which is posted below in PDF form, is massively overbroad and constitutes nothing more than a fishing expedition. 

Gentile and Schneider demand all documents, e-mails, records, tax returns, cell phone records, and all other forms of communications between these witnesses and GPB Capital Holdings; other investors; the Monitor Joseph Gardemal; and other parties. 

Coming as it does on the eve of their criminal which begins on June 10, 2024 this appears to be a last minute attempt to delay the criminal trial by filing a frivolous and unenforceable subpoena. 

Here is one of the subpoenas issued to Sixto Campano, one of the Government’s possible named witnesses:   

Gentile and Schneider show their utter contempt for the legal process by asking for documents to which they are not entitled, including tax returns which are protected by US Federal and State privacy laws.

The Government filed a motion to quash the insane subpoena issued by Gentile and Schneider’s criminal defense team.