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Exclusive: Alberto Vilar may walk free today

A bail application has been filed by his attorney Vivien Shevitz with Judge Richard C. Sullivan, who passed the original sentence. If the motion is denied, Shevitz will go direct to the US Court of Appeal of the Second Circuit. There is a fresh volume of evidence that Vilar’s prosecution was unfairly handled. A full appeal is expected to be heard in October. See earlier report here.

This information comes to us from one of the very few friends who stuck by the opera philanthropist after he was convicted of conspiracy to commit fraud. When he gets out, I guess he’ll head straight for the Metropolitan Opera. I wonder who will greet him.

*

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
- – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - -X
UNITED STATES OF AMERICA : 05 cr 621 (RJS)
v. : APPLICATON FOR
BAIL PENDING
ALBERTO VILAR and : APPEAL
GARY TANAKA
:
Defendants.
- – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - -X
THIS is an application for bail pending appeal for both Alberto
Vilar, and Gary Tanaka.
1. I am appointed counsel for Alberto Vilar, and now counsel for
Gary Tanaka as well.
2. I make this application for both defendants for bail pending
appeal.
3. The appellate brief, the government’s brief, and our reply brief are
now filed in the Court of Appeals.
4. We are asking this Court for bail in the first instance.
REASONS FOR BAIL PENDING APPEAL
5. As the briefs on appeal now reveal, the convictions here are all
deficient, and likely to be overturned on appeal. Even if not fully
Case 1:05-cr-00621-RJS Document 519 Filed 05/02/12 Page 1 of 9overturned, there is likely to be a reversal, and on any count that
remains any sentence would likely be far less severe.

….

 

 

WHEREFORE, THIS COURT SHOULD GRANT BAIL and
release defendants ALBERTO VILAR and GARY TANAKA on
their own recognizance pending appeal, and should Order the
prosecutors to assure, through dealing with the Bureau of Prisons,
that release comes about immediately.
Dated: Portland, Maine
May 2, 2012
___________/s/_____________
Vivian Shevitz
Case 1:05-cr-00621-RJS Document 519 Filed 05/02/12 Page 9 of 9

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Comments

  1. Latchezar Christov says:

    If this poor excuse for a human being gets released on some technicality and should I run into him again, I hope I will be in a car

    • Rodrigo Caruso says:

      Just went by the Met singing “Hey la, Hey la, Alberto is back” to the tune of “My Boyfriend is Back”.
      In his honor tonight I will play Nessum Dorma and the Messiah.

  2. If he came back to the Met with deep pockets – you can bet they would be sucking up to him in no time .

  3. Holly Golightly says:

    If he happens to escape the hoosegow, so be it. I just hope that his conservative mindset on what constitutes opera doesn’t again take hold of the Met’s artistic leadership, as was the case before he was put behind bars. There are so many operas that would never see the light of day because of the mindsets of people like Vilar. So please, if he’s to get out of jail, fine, but just keep him away from the Met. Gelb by himself is bad enough!

  4. Rodrigo Caruso says:

    “When he gets out, I guess he’ll head straight for the Metropolitan Opera. I wonder who will greet him.”
    Wonder no more, Norman, Rodrigo will be there.
    I will get right behind Alberto and with my boombox, I will be playing the triumphal march from Aida. I invite anyone in the plaza to join us in marching behind Alberto and the music. It will not only be a glorious return but a triumphal one.

    • Let’s not forget, folks – the reason Sr. Vilar was imprisoned is that he was convicted of, in effect, stealing his investors’ money. Many of those generous gifts to the opera were not his to give.

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