United States v. Garguilo

310 F.2d 249 (2nd Cir. 1962)

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Nature of the Case

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Facts

Villari is the owner of Graphic Printing Company. Della Monica is a photographer and long-time friend of the Garguilo family. Villari first met Garguilo in Magistrate's Court to pay traffic fines. Garguilo came to Villari's shop on, and D was with him. Garguilo took Villari 'on the side,' approximately 25 feet away from D, and, placing his arm around Villari's shoulder, asked Villari to join him in a counterfeiting endeavor. Villari refused. Garguilo came to Della Monica's photography studio in Brooklyn and asked to be taught how to develop a picture and make a copy. D was with him 'only once or two' of these times. Garguilo began practice in earnest and even borrowed a camera and other photographic equipment from Della Monica. D came with Garguilo every once and a while. Garguilo returned to Villari to check his negatives of $10 bills, which Villari again refused to do. The third time was a charm as Villari 'succumbed', looked at the negatives, which Garguilo carried in a newspaper, through a 'view box' and pronounced them too dark, whereupon Garguilo destroyed them. On the next visit, D accompanied Garguilo. Villari looked at the negatives and D was two or three feet away, 'very close.' The plate being blurred and inadequate, Garguilo erased it, whereupon he and D 'went away. They took the negatives with them and went away.' This was the last time Villari saw D. Garguilo returned a few days later with some more negatives. A plate was 'burnt in,' found inadequate, and destroyed. One of Garguilo's visits was witnessed by Secret Service Agent Motto. A man remained in the car, and the agent could not identify that man. The Secret Service Agents searched Villari's shop and found the erased plate of early August, which bore Garguilo's fingerprints. When D was brought before an Assistant United States Attorney for questioning, he admitted that he knew Garguilo, that on several occasions he accompanied Garguilo to the photographer in Brooklyn, and that several times he went to a printing place with him. He claimed, however, 'that he never went up to the printer's establishment but merely sat on the stoop.' D also admitted that he knew what was in the newspaper taken out of the car by Garguilo, but refused to say what this was.