Garcia sons plead guilty in US case

Malacañang had better take seriously Archbishop Oscar Cruz’s beef about jueteng thriving under Noynoy Aquino’s new admin. Daring the Catholic prelate to show evidence against the new vice protectors will only backfire into a crisis like the bungled Manila hostage rescue.

Cruz does not have to prove that the illegal numbers game goes on unabated. People know, for they see their neighborhood bet collector still at it. They see their local police turning a blind eye. And they read nothing in the papers about vice lords being arrested.

The burden is on P-Noy’s men to show that they’re going after the vice lords.

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The US Department of Justice issued last week this press release: “Sons of former Philippine general plead guilty to bulk cash smuggling.” Manila media picked it up Monday, the same day I wrote about an alleged plea-bargaining of the Ombudsman with Major General Carlos Garcia:

“San Francisco — Two sons of the former General in charge of the Armed Forces of the Philippines pleaded guilty yesterday afternoon to bulk cash smuggling, United States Attorney Melinda Haag announced.

“Juan Paulo Garcia, 29, of Pontiac, Mich., and Ian Carl Garcia, 32, of Las Vegas, were indicted under seal on Dec. 9, 2008, on bulk cash smuggling and conspiracy charges. Juan Paulo was also charged with failing to file a monetary instrument report and making a false statement to a government agency. The indictment was unsealed following their arrest in February 2009.

“In pleading guilty, the brothers admitted that in December 2003 they smuggled $100,000 into the United States from Manila, Philippines by concealing it in their luggage, and that they made false statements to US Customs and Border Protection (CBP) Officers about the amount of money they were carrying. The brothers agreed to forfeit the $100,000 to the United States government. In exchange, the United States agreed to dismiss the remaining charges and to recommend a sentence of time served. The brothers have spent approximately 100 days in custody and a year and a half on electronic monitoring.

“‘This prosecution demonstrates our determination to combat and deter bulk cash smuggling, which is often a means of moving ill-gotten gains into the United States,’ said US Attorney Haag. ‘We applaud the coordination and dedication of the many agencies, including those in the Philippines, that joined forces to investigate this case.’

“After CBP officers discovered the undeclared currency, federal agents initiated an international investigation in cooperation with the Republic of the Philippines, Office of the Ombudsman, Office of the Special Prosecutors. As a result of the investigation, former Philippine General Carlos Garcia, Juan Paulo and Ian Carl’s father, recently was found guilty in the Philippines of perjury for a false declaration of his assets and liabilities in 2000.

“’As the first line of defense for America’s international border, CBP works closely with international law enforcement agencies. This interception highlights the important work CBP officers perform every day,’ said Richard Vigna, CBP Director of Field Operations, San Francisco.

“The sentencing of Juan Paulo and Ian Carl is scheduled for 9 a.m. on Nov. 29, before US District Court Judge Marilyn Hall Patel. The brothers were released from electronic monitoring pending that appearance.”

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Garcia’s sons had violated US laws. Exacting justice, the US got what it wanted: confiscation of the smuggled $100,000, punishment of the culprits, and unclogging of court dockets.

In Manila, Garcia and family are accused of plunder. The government is trying to forfeit P302 million in unexplained wealth above his regular pay as Armed Forces comptroller. The P302 million includes dollar deposits, a house in Ohio, and two condos in New York (one in posh Trump Place on Park Avenue). Let’s hope grumblings at the Office of the Ombudsman aren’t true that a plea bargain is in the offing with Garcia. Allegedly endorsed to the Sandiganbayan a year ago, the deal would have Garcia plead guilty to the lesser offense of indirect bribery. This would free him by yearend, after serving six years in detention, instead of a life term for plunder. In exchange he would return P50 million that he withdrew in 2004 from local banks soon after his unexplained wealth was exposed. But the government will no longer be able to take control of the US assets. That’s because US authorities had agreed to turn over the deposits, house and condos only if the Garcias are convicted of plunder.

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Chairman Nestor Mangio, of the Clark International Airport Corp., wrote to rejoin my item last week about goings-on in his state firm:

“We negotiated with Al Mal of Kuwait because at that time it was the best proposal — $1.2-billion investment to develop 1,500 hectares of Clark. We went to see their 4,000-hectare Port Ghalib in Marsa Alam, Egypt, and were convinced that Al Mal was overqualified for the project. Forbes lists the Kharafi family as the 52nd billionaire. After five days of negotiations we got them to agree to our terms. Upon return from Kuwait, president Victor Jose Luciano told the employees they will lose their jobs if Al Mal takes over, when in fact the multiplier effect will generate 17 times more jobs and economic activities.”

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 “Loving people are not afraid of being accused as unloving. They can love even their accuser.” Shafts of Light, Fr. Guido Arguelles, SJ

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