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Friday, January 25, 2013

Perjury

Update as of 10-15-2018 -- The case has been dismissed by both parties.  As we have agreed to move forward, the dismissed case will remain confidential.

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This post has been updated on Sept 20, 2013. Go to the end of the post to read it.

Definition

PERJURY


The voluntary violation of an oath or vow either by swearing to what is untrue or by omission to do what has been promised under oath; false swearing.

---- Merriam Webster Online

California Law

Found in Penal Code 118 PC, California law defines:
 "Perjury" - deliberately giving false information while under oath.

Prosecution

You are subject to prosecution for perjury if you willfully give false information in any of the following circumstances:
  • when testifying in court,
  • when being deposed,
  • in a signed affidavit,
  • in a signed declaration,
  • in a DL 44 drivers license application at the DMV, or in a signed certificate.

Penalty for Committing Perjury

Perjury is a felony in California law. If convicted, the person could be sentenced to up to 4 years in the California State Prison.


---- www.shouselaw.com


Under Oath

Victor Alfieri was put under oath on August 16, 2012 during his deposition in Hollywood, California.  There were multiple discrepancies with his original version of the facts as stated in his complaint as well as with emails and text messages sent by him and his testimony.



Conflict on Set

During his deposition in August, 2012, Victor assures that there was no conflict on set.  Go to "Paranoia and Delusion" for actual pictures of Victor's emails to me.

"These are people that have hurt me and took advantage started rumors and turned against each other..." 
"...as far as nicole and her mom have them help u or joel I don't care....it s ur deal...as far as u didn't know they hurt me...well again I was there alone and working..." 
"...wanna be friends with those people that had hurt me...fine but don't drag my family or me in it too..."
--- Excerpts of Emails from Victor Alfieri



In his emails to me, he continuously complained of having been hurt by people involved in the production of "Looking for Clara." He also stated that people took advantage of him and stole from him. If this is not conflict, then I don't know what would be.


Actors

During his deposition, he assured that Joel Moody and him had a very good professional relationship since the beginning of this film project. He also stated that Joel and he became very good friends when the movie wrapped in late May 2011. The following emails from Victor do NOT reflect what anyone would say about a very good friend.
"Joel Moody started shit from day one with Nicole Sienna." 
"Do you think Joel Moody is helping you for you? Or because he just finished a script? He s the one who complaind all the time in Italy, he s the one who did not move a finger when I needed help, he s also the one who complained to his manager for his check been one day late..." 
"Also because I am your friend....joel moody is the one who started making problems during the audition process and he is the one who did not move a finger when I needed help on set and continued with rumors against nicole and clark the whole time...he is young and money hungry...this is why producers or eps or directors never get too close to people they work with... also don't forget he was the first one to complain about his check been late to his manager...keep your distance ..play it safe...then after the movie is sold and completed do whatever you want...for clark and nicole is the same...and u saw it...be careful." 
"...can only tell you that I heard from Christine that Joel is flying to SF to see your friend and fuck her to get money for his script, she heard that from Clark, also I heard from other people about your comments on Joel 's photos on FB, I really don t care about all this, but please keep me and my professional aspect out of this mess." 
"So for Joel now seeking money( and he will get you the script if he did not do it already) from her or you is very unprofessional and not cool, but under the California law, any business he does with my contacts I am entitled to a founder's fee and a co-producer credit( same for you if I do business with your friend or you if you do business with any of the contacts intruduced by me) Again, this is why investors are not allowed on sets." 
"Clark Gable starting shit with her manager , playing that card she says I say...."
--- Excerpts of Emails from Victor Alfieri


The same applies to Clark Gable. During his deposition, Victor stated that Clark and he were very good friends as well.  Go to  "Safety Violations and Abuse On Set" 


Alleged Harassment

During his deposition, Victor stated that Nicole never complained that Victor was sexually harassing her. In an email to me, Victor wrote:
"Nicole sienna accusing me to come on to her, just because i was too strict with her."
I believe that coming on to somebody in the workplace would be considered sexual harassment. Victor was well aware of Nicole's allegations. The three of us had a conversation about this very issue.


Crew

During his deposition, Victor was asked if any crew member had stolen from him. He clearly said that it had not been Roberto or Max.  The following are excerpts of Victor's emails to me.
"Like Roberto Moscioni stole money from equipment and asked behind my back for more money for gasoline to you and me both." 
"Roberto moscioni .....never signed a contract, and because he stole money from me. NO half POINT." 
"Max Trevis and his brother....stealing money again and so on..." 
"I am shocked about the stuff I am finding out about Cristina......I am hurt and shocked. I will tell you later."
Why would Victor accuse the crew of stealing and then deny having said so? It would be understandable that he later found out that the crew members did NOT steal. But why deny ever accusing them?

I personally believe that Roberto and Max did NOT steal anything. They worked hard and did an excellent job!

Production Expenditures

I do not believe that Victor has provided me with the proper receipts to justify all production expenditures. However, I am not going to discuss this point as I have retracted my fraud allegations.


Property Ownership

When I met Victor in 2009, he told me that he owned three properties in Italy. He said that he had paid cash for them and had no mortgage. He owned two houses - his mom's and his, and a large piece of land. He also told me that he was having problems with his mortgage in the US.

Before I invested the last $90,000 in this film project, Victor had suggested that I buy his piece of land in Italy worth about 75,000 euros (at least). He showed me the property with google earth. I remember him saying, "it also has many olive trees."  Victor thought that if I did not buy the land it could at least serve as collateral so I would feel safer with my investment.

On August 16, 2012, during his deposition, he denied ever owning any property or land in Italy. I wonder, was he trying to sell me something that he did not own? Why would he tell me that he owned 100% of his house and his mother's when it was not true? He told me that he was allowing his mother to live in his second house, that his mother worried that it was in Victor's name and not hers. Under oath he stated that he did not have a house in his name in Italy.


Personal Relationship with Me

In his original complaint filed against me, he stated that I was a fan who became obsessed with him. He also alleged that I was harassing him and trying to sleep with him. When I realized that he would never sleep with me, I became hostile, accused him of stealing, slandered him by saying he slept with me and stole the footage of the film. In this complaint he also stated that I was his "personal assistant" and that he gave me access to his email account, computer and telephone.

During his deposition, he did not mention that I was a "fan." What he said is that I was a very close friend, the type of friend "who is always there for you." So which one is the truth? Obsessed fan or close friend?

He, of course, denied our intimate relationship and lied about major facts. All this information will be disclosed in future posts. I will provide, text messages, voice mail messages and footage from the deposition.

I believe that the biggest lie he told is the story he gave about our relationship. There is no confusion or memory issue explaining our relationship - we either had an intimate/sexual relationship, or we did not.

More posts to come...


Update - As of September 20, 2013, a year after our depositions, it has become more evident that Victor Alfieri and Joel Moody are very close friends. Victor might have not lied about their friendship. Those two have probably been in communication the whole time - from the time Victor and I broke up until Joel and I stopped talking to each other.

I remember two years ago confiding in Joel and telling him how hurt and shocked I was by what Victor had done to me. "How can anyone do this to the person who has helped them, believed in them and given everything to them???" I remember telling him. Joel interrupted and said, "Well, Victor is a very good-looking man." To what I replied, "What??? What does that have to do with this???" Just as if looks would justify this type of behavior. 

One day when Joel was visiting me, I was busy sending some last minute emails. He was standing behind me waiting for me to finish. He then loudly said, "oh my God!" And I said, "what's wrong, Joel?" He was looking at himself in the mirror next to my desk. He added: "Look at me! I look exactly like Victor. I get it.... He cast himself in his movie. He cast me because I look just like him... Wow I finally get it." This was bizarre to me. Why would anyone make that type of comments? 

Look at the picture above. This picture was taken a few months ago during the screening of Alfieri's new short film. Isn't it interesting that the two of them are wearing the exact same outfit?  And now I wonder... Are they so close that they talked on the phone and coordinated their wardrobe... or is Joel morphing into a copy of Alfieri?


Disclaimer – As of October 15, 2018, all legal issues have been resolved. This resolution was reached during arbitration. There are no pending issues related to fraud or theft. The resolution was mutually agreeable. There will be no more posts written about this story.


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