By JOSEPH G. LARIOSA

(© 2009 Journal Group Link International)

General Carlos Garcia’s Son Allowed to Attend Own Wedding Anniversary

C HICAGO, Illinois (JGLi) – Ian Carl Depakakibo Garcia was allowed to attend the second-anniversary celebration with his wife this coming Friday, Jan. 29, in Las Vegas, Nevada.

Magistrate Judge Edward M. Chen of the United States District for the Northern District of California in San Francisco approved the request of Garcia’s lawyer, Richard Tamor, “to be away from electronic monitoring from 9 a.m. to 11:59 p.m. Mr. Garcia will not leave Las Vegas, Nevada.”

In his order, Judge Chen said Ian Carl Garcia’s conditions of release shall be modified to allow him “to travel to the Makino restaurant at the Las Vegas Premium Outlet Mall, the new City Center at the Las Vegas Strip, a Movie or Show on the Las Vegas Strip, Dinner at Town Square in Las Vegas, and to the MGM Grand Hotel for a snack after dinner. Mr. Garcia shall not leave the city of Las Vegas, Nevada.”

In seeking the modification of his release, Attorney Tamor cited the previous order of Judge Chen on June 17, 2009, placing Mr. Garcia on “supervised under electronic home monitoring in his home in Las Vegas, Nevada.

“This court allowed Mr. Garcia to be away from home to seek and maintain employment and also to attend Church on Sundays.

“In December of 2009, this Court allowed Mr. Garcia to travel to Los Angeles, California to the Philippine Embassy (sic),” actually Consulate.

“To date, Mr. Garcia has fully complied with all conditions of his pre-trial release and has attended all required Court appearances.”

Mr. Tamor said Assistant U. S. Attorneys Phil Kearney and Hartley West, prosecuting the case, and U.S. Pre-Trial Services Officer Rich Sarlatte did not object to his request.

Mr. Garcia, 30, and his younger brother, Juan Paulo D. Garcia, 27,

are facing extradition charges before Judge Chen after they were separately arrested last February for their failure to declare to the customs inspector at the San Francisco International Airport the $100,000 cash in their possessions.

The U.S. government filed the extradition charges on behalf of the Philippine government, which believes that the $100,000 is part of the estimated 303-million pesos (US$6.2-million) their father, Filipino Gen. Carlos F. Garcia, stole from the Philippine government.

General Garcia, his wife, Clarita, and their three children – Ian Carl, Juan Paulo and Timothy – are all facing plunder charges in the Philippines. Plunder carries a penalty of 30 years in prison.

Earlier, Judge Marilyn Hall Patel of the U.S. District of the Northern District of California ordered the re-scheduling of the bulk-smuggling hearing of Ian Carl and Juan Paulo from Feb. 1, 2010, to March 15, 2010, to allow Tamor to attend a court trial of another case and because there is a “significant progress (that) will be made in the next six weeks in the Plunder case in the Philippines, out of which arises the Defendants’ pending and related extradition matter.

“Resolution of those cases should facilitate resolution of the matter pending before this Court.”

M eanwhile, Judge George Caram Steeh of the U.S. District Court of Eastern Michigan in Detroit also modified the condition of release of Clarita D. Garcia by allowing her to travel to the Philippine Consulate in Chicago, Illinois last Dec. 1.

In a request for the modification of condition of release for Mrs. Garcia, her lawyer, Harold Gurewitz said Mrs. Garcia needed to execute “an official document in the presence of a Philippine government official. The document is to be used in connection with the proceedings in the Philippines concerning Ms. Garcia’s husband.”

It said the special power of attorney Mrs. Garcia is authenticating will “allow her husband to waive rights to certain properties.”

The same documents were also signed by Juan Paulo and Ian Carl at the Philippine Consulate in Los Angeles.

Mrs. Garcia is facing extradition charges before Judge Caram Steeh.

In another case, Judge Richard J. Howell of the U.S. District Court of Southern District of New York in New York will hold a status conference on Feb. 11, 2010 at 11 a.m. on the civil case on U.S. v. All Right, Title and Interest in Real Property and Appurtenance located at Trump Park Avenue Condominium, Unit 6A, involving Timothy Mark D. Garcia, who is also facing extradition charges to the Philippines.

Timothy Mark is going to be represented by Atty. James Kousouros while the U.S government will be represented by Assistant U.S. Attorney Daniel P. Chung. (lariosa_jos@sbcglobal.net)

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