NBI: It will take years before MJ can return home from US

United States laws will prevent extradited Manila Rep. Mark Jimenez from fulfilling his promise to be back in the Philippines soon for his constituents, the National Bureau of Investigation (NBI) said yesterday.

Ricardo Diaz, chief of the NBI-International Police (NBI-Interpol) division, said US procedures will make it very difficult — if not impossible — for Jimenez to come back and be with his constituents in Manila’s sixth district, which covers Sta. Ana, Pandacan and Sta. Mesa.

"Jimenez cannot come home soon because even if there is plea bargaining for 48 or so charges, just two of the charges would already mean 10 years in prison," Diaz added.

Under US law, Diaz said, even if Jimenez is granted bail, he can stay only in Florida with an electronic monitoring device attached to his person.

"Being granted bail doesn’t mean he can come home. You can stay only within a particular area," he said.

Shortly before Jimenez voluntarily left for the US last Dec. 26, he promised his supporters and constituents that he would be back soon to continue serving as their representative in Congress.

Diaz also explained that what Jimenez considered "ordeals," such as being handcuffed while on the flight to Guam and Saipan, as well as restrictions on bail, are just part of standard US procedure.

"US procedures exempt no one, not even women and children, all offenders will be handcuffed too," Diaz added. "That’s why the justice system in the US works. All Americans follow the law, sacrificing their personality when the whole system is involved. No one is above the law."

Diaz likened the chances of Jimenez coming home soon to former President Joseph Estrada being reinstated in Malacañang and taking over the reins held by President Arroyo.

Earlier, Acting Justice Secretary Merceditas Gutierrez told reporters she was informed by Federal Bureau of Investigation Legal Attaché James Nixon that it may take some time before Jimenez can perform his functions as congressman.

"It will be a minimum of four months because there are hearings scheduled in February, March, and so on. And I think this is on all 47 counts on which he was charged. I don’t see any possibility of (Jimenez returning home soon). This is according to the US embassy," she said.

Gutierrez added that Jimenez still has to "wait for the decision of the court" which will definitely "take some time."

She claimed that it will not be easy for Jimenez to post the required $500,000 (about P26.5 million) in bail because he has to prove the money came from legitimate sources.

Once Jimenez posts bail, he will be placed under house arrest and will have to wear a bracelet-type Electronic Monitoring System, according to the justice chief.

The bracelet – like the one worn by gambler Charlie "Atong" Ang, one of Estrada’s allies – will prevent him from jumping bail by monitoring his movements, which will be limited to within a specific area in Miami.

According to Surigao del Sur Rep. Prospero Pichay, one of two congressmen who kept Jimenez company in Florida, Miami court Judge Theodore Bandstra approved the petition of their colleague’s lawyer to free him and set bail conditions that will likely keep Jimenez in federal detention for a few more days.

Of the $500,000 bail, $300,000 will be in the form of surety or corporate bond, and $200,000 will be in cash.

Of the cash portion, 10 percent or $20,000 should be paid immediately, Pichay said.

Pichay said the judge restricted Jimenez to the area of South Florida, required him to stay with a non-relative, asked him to surrender his travel documents to the court, and ordered that the electronic monitoring gadget be put on him.

The US government had accused Jimenez of using corporate money to reimburse employees for illegal donations to former President Bill Clinton and other candidates. Donors were employees of Future Tech International Inc., a Miami computer parts distribution business owned by Jimenez, and Mark Vision Computer, another Miami company owned by a relative.

Jimenez was accused of illegally routing $50,000 to the Democratic National Committee and $33,500 in donations to campaign committees.

The indictment also charged Jimenez with corporate fraud and tax evasion linked to personal business dealings unrelated to the fund-raising allegations. He is accused of defrauding the IRS by taking business deductions for personal expenses and political contributions made with money from Future Tech.

From 1994 to 1996, the money went to Clinton, US Senators Edward Kennedy and Robert Torricelli, US Senate candidates Roger Bedford in Alabama and Thomas Strickland in Colorado, and US House candidate Ann Henry in Arkansas, the indictment said.

Jimenez is barred from legally contributing to American political conditions because is a Filipino citizen.