By JOSEPH G. LARIOSA

(© Journal Group Link International)

C HICAGO, Illinois (jGLi) – Judge Marilyn Hall Patel of the United States Northern District Court of California in San Francisco issued Friday (Jan. 7) a final order forfeiting the $100,000 seized seven years ago from the two children of Filipino Gen. Carlos F. Garcia in favor of the U.S. government when nobody stepped forward to claim it.

On Oct. 29, 2010, Judge Patel issued “a Preliminary Order of Forfeiture forfeiting the $100,000” in favor of the U.S. government.

But the judge left the door open for anybody, including the Philippine government, to stake a claim on the smuggled money for another 30 days, ending on Jan. 4, 2011. The amount is believed part of the 303-million pesos (US$7-million) Garcia stole from the Armed Forces of the Philippines’ treasury that became the basis for the Philippine government to file Plunder Charges against Carlos F. Garcia and his family.

Any claimant, who wanted to lay a claim, should have done so by accessing a website (www.forfeiture.gov) and should have registered his claim, from Nov. 5, 2010 to Dec. 4, 2010.

When nobody claimed the money, California Northern District Attorney Melinda Haag appeared to have extended the deadline to claim the money when she said, “The U.S. hereby gives notice of its intent to dispose of the forfeited property in such manner as the United States Attorney General may direct.

“Any person, other than the defendants in this case, claiming interest in the forfeited property must file a Petition within 60 days of the first date of publication (Nov. 5, 2010) of this Notice of this official government Internet website pursuant to Rule 32.2 of the Federal Rules of Criminal Procedure and 21 U.S.C. section 853(n)(1).”

When nobody stepped forward to claim it on the 60th day last Jan. 4, 2011, a proposal was submitted to the court Thursday (Jan. 6) to issue a final order of forfeiture.

A cceding to the proposal, Judge Patel said, “The United States represents that it has complied with the publication and notice requirements of the Preliminary Order and that no petitions have been filed.

“Therefore, it is ordered that the above-described property shall be forfeited to the United States.”

On Nov. 26, 2010, or eight days before the deadline for filing a claim, Philippine Department of Justice Secretary Leila De Lima floated a press release in Manila, saying that the Philippine government will be claiming the $100,000, invoking its Mutual Legal Assistance Treaty with the U.S. government.

But it has now become obvious that Secretary De Lima appears to have waived her government’s claim.

If Secretary De Lima would not follow through with the claim, it will put into question reports that the $100,000 is part of money Garcia stole from the Philippine government.

Possible Extradition to the Philippines

T he non-claim will likely send a message that there is no more reason for Ian Carl Depakakibo Garcia and his brother Juan Paolo Depakakibo Garcia to hold them for extradition to the Philippines.

And this would likely also work in favor of their eldest brother, Timothy Mark Depakakibo Garcia, and their mother, Clarita Depakakibo Garcia, who are similarly facing extradition charges to the Philippines in Michigan and New York courts.

A different court, U.S. Magistrate Judge Edward M. Chen of the U.S. Northern District Court of California, is trying Ian Carl and Juan Paolo in the extradition case. A status hearing of the case is set on Jan. 26, 2011.

On the other hand, their brother Timothy Mark Garcia is due in court on Jan. 12, 2011, before U.S. District Court Judge Richard Holwell of Southern New York for the status hearing of his extradition case.

The extradition of their mother Clarita Garcia, 59, is pending before the US Eastern District of Michigan Judge George Caram Steeh in the US.

Their fates now hinge on the resolution of the plunder case of their father, Carlos F. Garcia, before the Philippines’ Sandiganbayan. If the rest of the Garcia members are discharged from Plunder charges in the Philippines, their extradition cases are similarly going to the dismissed.

On Nov. 29, Judge Patel sentenced Ian Carl and Juan Paolo in the $100,000 bulk smuggling to time served, "which is almost two years.” # # #

Editor’s Note: To contact the author, please e-mail him at:  (lariosa_jos@sbcglobal.net)