US seizes $100,000 smuggled by Filipino general's sons

CHICAGO – The United States (US) government has seized the $100,000 cash allegedly smuggled into the US by the two sons of Filipino Maj. General Carlos Garcia smuggled into the US nearly seven years ago. Judge Marilyn Patel of the United States District Court of Northern California in San Francisco ordered the seizure of the cash. She set the sentencing of the defendants — Ian Carl Depakakibo Garcia and his younger brother, Juan Paulo Depakakibo Garcia — at 9 a.m. (US time) on November 29. The brothers pleaded guilty on September 8 to charges of bulk smuggling when they were arrested in possession of $50,000 each without declaring the money to customs officials during their arrival at the San Francisco airport in 2003. The court also ordered the publication of the forfeiture notice on its government website for at least 30 days to give “any person other than the defendants, having or claiming a legal interest" in the forfeited property. Extradition of other family members Meanwhile, the extradition of their brother, Timothy Mark Garcia, is pending before US District Court Judge Richard Holwell of Southern district of New York. The next status update of the case will be issued on January 12, 2011. The extradition of their mother Clarita Garcia, 59, is pending before the US Eastern District of Michigan Judge George Caram Steeh in the US. Ian Karl, a retail Game Stop employee, and Juan Paul, a computer help desk technician, were arrested in 2003 when they tried to bring into the U.S. $100,000 in cash. They were charged with smuggling when they failed to declare to the customs inspector at the San Francisco International Airport of the $100,000 in their possession. Mrs. Garcia was arrested in Pontiac, Michigan on March 4 on extradition charges for plunder. Carlos Garcia and members of his family were charged with an unbailable offense of plunder before the Sandiganbayan in 2005. Garcia was accused of amassing ill-gotten wealth in the form of funds, landholdings and other real, and personal properties in the amount of 303-million pesos (US$6.9-M) that was deemed to be “disproportionate to" his legitimate income. These allegedly came in the form of “commissions," kickbacks," “shopping money" or “gratitude money." He later turned his wealth over to his family members as “they did not have the financial capacity" to own them. Except for Garcia, all members of his family are United States citizens. This status made it easy for his family members to take their money to the United States where they reportedly also acquired real estate properties. Back in court on November 15 The Garcia brothers are due back in court on November 15 for the hearing on the modification of the order for their release in separate extradition cases before U.S. Magistrate Judge Edward Chen. The brothers are asking the court to have their electronic monitoring device removed. Both brothers Ian Carl, 32, and Juan Paulo, 29, pleaded guilty to “Count 2" of the indictment. They face a maximum of 60 months of imprisonment, a fine in the amount of $250,000 each, and a period of three years and a maximum of 36 months in supervised release. They will also be paying $100 each in assessment fees. Private defense lawyer Richard Tamor submitted the guilty plea of Ian Carl to Judge Patel while private defense lawyer Julia Jayne submitted to Judge Patel Paulo’s guilty plea. Judge Patel accepted their pleas in their 10-page applications. – VVP, GMANews.TV