Mark Jimenez’s prison term extended briefly by snafu

WASHINGTON — Former Manila congressman Mark Jimenez finally completed his prison sentence at a US federal facility in Pennsylvania on Wednesday but could not be released after immigration officers failed to show up to arrange his deportation, a prison spokesman said.

Jimenez, sentenced to two years for electoral fraud and tax evasion by a US district court in 2003, is currently at the Allenwood Federal Correctional Institution.

Prison officials said Jimenez’s release would be processed while waiting for the immigration officers to show up and take him into custody.

Jimenez is expected to be released within the next 24 to 48 hours. Citing security reasons, officials declined to specify Jimenez’s release date but said it would be "before the weekend."

It was the second time Jimenez’s release had been held up.

The former Manila lawmaker was due to have been freed in early November but his time in detention was extended to Dec. 13 because of a misdemeanor, which prison authorities declined to specify.

Prison officials explained it was not unusual for immigration officers to show up late for a day or two since arrangements have to be made with the airlines that would take the foreign convicts back to their country of origin.

If Jimenez is brought directly to the airport from Allenwood, he could be in Manila by Sunday or before the weekend.

Sources said Jimenez would probably be flown to Detroit from New Jersey or New York on Friday escorted by immigration officers who will make sure the former Manila lawmaker boards a flight to Manila.

Philippine Embassy officials in Washington, however, remained tight-lipped about Jimenez.

The New York Consulate has primary jurisdiction over the case of Jimenez since he is detained at the federal prison in Pennsylvania.

But embassy officials in Washington have taken his custody as "a matter of high priority," sources in New York and Washington disclosed.

There were indications that Consul Henry Bensurto, the Philippine Embassy’s point man on deportation issues here, was sent to New York to look over Jimenez’s case.

Bensurto, however, denied this, claiming he was assigned to follow up another deportation case.

In Manila, National Bureau of Investigation-Interpol chief Ricardo Diaz said he received a fax message from Kevin Peters, chief of the United States Department of Homeland Security-Immigration Customs Enforcement (DHS-ICE), on the scheduled arrival date of Jimenez.

Diaz said Peters relayed a one-page fax message disclosing Jimenez would be departing from Harrisburg, Pennsylvania on Northwest Airlines flight 1891 at around 9:23 a.m. of Dec. 16.

Jimenez is expected to arrive at the Ninoy Aquino International Airport (NAIA) on Northwest Airlines Flight 71 the following day at around 10:50 p.m.

"I called up Kevin Peters and although there had been misinformation on the first schedule, he gave an assurance that this time it is real," Diaz said.

Diaz stressed they could not independently confirm the flight arrangements since the NBI merely relies on the information being relayed by DHS-ICE.

Diaz said Jimenez would definitely come home to Manila since the former Manila lawmaker is not an American citizen nor is he a green card holder.

"So he is not allowed to stay there (even) for a day," he said.

Jimenez, or Mario Crespo, is expected to celebrate his 58th birthday in the country on Dec. 31.

Diaz said Jimenez would not be arrested upon his return to the country since he faces no pending criminal case.

"He will be a free man (when he returns) because he has served his sentence (in the US) and has put himself in the majesty of the law," he said.

With no legal impediments, Diaz said Jimenez could even run for another elective post if he desires in 2007.

"He is now at peace with the law. He was (convicted) in another jurisdiction. As far as the Philippines is concerned he did not commit any violations here," he said.

NBI officials conceded they were at a loss as to the sudden delay in Jimenez’s return last month. The NBI had facilitated the extradition of Jimenez to the US following the request of the US government.

Jimenez, a former member of the 12th Congress, was extradited to the US on Dec. 26, 2002 on charges of tax evasion and conspiracy to defraud the US and commit election-financing offenses.

Jimenez was found to have illegally contributed millions of dollars to the campaign kitty of then President Bill Clinton. A US Federal Court sentenced Jimenez to 27 months of imprisonment and was ordered to pay the US government $1.2 million in damages.

Earlier, Jimenez had accused former justice secretary Hernando Perez of extortion, saying Perez had demanded $2 million from him in exchange for approval of a contract with the Argentine firm IMPSA. — With Evelyn Macairan