By JOSEPH G. LARIOSA

(© Journal Group Link International)

C HICAGO (jGLi) – Judge Marilyn H. Patel of the United States District Court of Northern California in San Francisco has ordered the forfeiture of $100,000 in favor of the U.S. government the two sons of Filipino Maj. General Carlos Garcia smuggled into the U.S. nearly seven years ago.

Judge Patel issued the order as she set the sentencing of defendant Ian Carl Depakakibo Garcia and his younger brother, Juan Paulo Depakakibo Garcia, at 9:00 a.m. on Nov. 29, 2010. The brothers pleaded guilty separately last Sept. 8 to charges of bulk smuggling when they were arrested in possession of $50,000 each without declaring the money to customs officials on their arrival at the San Francisco in 2003.

The court also ordered the publication of the forfeiture notice in its government website (www.forfeiture.com) for at least 30 days to give “any person other than the defendants, having or claiming a legal interest” in the forfeited property.

The Garcia brothers are due back in court on Nov. 15 to continue hearing on the modification of the order of release at their separate extradition case before U.S. Magistrate Judge Edward M. Chen. They are asking the court to have their electronic-monitoring device removed.

Both brothers Ian Carl, 32, and Juan Paulo, 29, who pleaded guilty to “Count 2” of the indictment will 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.

J udge Patel accepted their pleas in their 10-page applications.

It is very likely the Garcia brothers agreed to a plea agreement to conspiracy to commit bulk-cash smuggling and bulk-cash smuggling after getting assurances from the Philippine government that their extradition to the Philippines will be withdrawn “upon completion of related proceedings in that country.”

The extradition of their brother, Timothy Mark D. Garcia, is pending before U.S. District Court Judge Richard J. Holwell of Southern district of New York. Its next status update is Jan. 12, 2011. The extradition of their mother Clarita Garcia, 59, is pending before the U. S. Eastern District of Michigan Judge George Caram Steeh in the U.S.

Ian Karl, a retail Game Stop employee, and Juan Paul, a computer help-desk technician, were arrested in 2003 when they were trying 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 possessions.

Mrs. Garcia was arrested in Pontiac, Michigan, last 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.

General 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 “disproportionate to" his legitimate income.

They 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 General 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 also acquired real estate properties. # # #

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