Lawyers seek MJ’s release

Manila Rep. Mark Jimenez’s lawyers in Miami, Florida have filed a motion seeking his release on a $100,000 bond. There was no immediate comment from the court.

Abbe Lowell, Jimenez’s lead attorney, did not return phone calls by the Associated Press.

Jimenez is currently under US federal custody in Agana, Guam, and is expected to leave for Florida today, where he will stay for the duration of his trial, according to a statement from the Department of Foreign Affairs (DFA).

No specific flight details were given by US authorities for security reasons.

His plane was originally headed for Guam but had to be diverted to nearby Saipan in the Northern Mariana island group, which is also a US territory, because of a typhoon.

Consul Rosario Lemque and Vice Consul Charmaine Rowena Aviquivil of the Philippine consulate in Guam visited Jimenez yesterday morning, bringing some food and clothes as requested by Jimenez, the DFA said.

Lemque reported that Jimenez complained about the abrupt change in his travel arrangements and also asked the officials to send word to his family back in Manila "not to worry because he is in good hands."

The DFA said consular officials were given regular access to Jimenez and he was allowed to make unlimited phone calls to his defense lawyers in Miami.

Foreign Affairs Secretary Blas Ople has instructed Ambassador to Washington Albert del Rosario to assign an embassy representative to Miami and assist Jimenez if needed.

In his earlier legal fight to avoid extradition before the Supreme Court, Jimenez argued that his P1-million bail should not be cancelled because all his US cases were bailable.

On Dec. 17, the high tribunal ruled with finality that Jimenez must be put under arrest for the duration of the extradition case being heard by a Manila court.

The landmark ruling stated that anyone sought for extradition should be detained to prevent the Philippines from becoming a haven of fugitives.

It gave Jimenez the option of avoiding detention in a Philippine jail by voluntarily traveling to the United States and posting bail there.

That prompted Jimenez to give up his three-year legal battle to avoid extradition and try his luck in the United States.

He vowed to come back and pursue his bribery allegations against arch-nemesis Justice Secretary Hernando Perez, whom he accused of extorting $2 million from him.

Sources in the Department of Justice predicted that Jimenez’s request for bail might be rejected, however.

Although his cases in the US are bailable, he may have difficulty convincing the court there to allow him to post bail after being a fugitive from US justice and spending three years to avoid extradition, they said.

In April 1999, US authorities in Miami, Florida, handed down a 47-count indictment against Jimenez, a former computer salesman, for fraud, tax evasion and illegal campaign contributions to Democratic Party candidates, reportedly including former President Bill Clinton.

Now 55, Jimenez faces five years in jail for each of the fraud and tax cases, US officials said.

According the US indictments, Jimenez, then chief executive and majority shareholder of Miami-based Future Tech International Inc., and a number of employees were involved in various schemes to defraud the Internal Revenue Service.

He and the others also alleged conspired to defraud the Federal Election Commission through the illegal use of corporate money to make campaign contributions to certain candidates in the 1996 US elections.

Aside from possible jail time, Jimenez also faces at least $350,000 in fines if convicted.

His company and its chief financial officer have already pleaded guilty to tax evasion and been fined.

Meanwhile, Surigao del Sur Rep. Prospero Pichay accused Jimenez’s FBI escorts of illegal arrest and detention because they did not have a copy of an arrest warrant on Jimenez.

Pichay and Bulacan Rep. Willie Buyson Villarama accompanied Jimenez on the first leg of his trip to the United States.

Pichay was particularly irked with James Nixon, head of the FBI team and the resident FBI Manila representative, whom he asked to produce an arrest warrant.

"He kept changing his answers. First he told us that MJ (Mark Jimenez) was not under arrest. Then later he changed his story and that, technically, MJ was under arrest and under their custody," Pichay said.

"But this guy could not produce the arrest warrant. How can you arrest a person and detain him without a warrant? What these FBI agents with atrocious conduct did to MJ amounted to an illegal arrest and detention," he said.

Pichay and Villarama got separated from Jimenez during their stop in Guam, prompting them to proceed with their flight to Honolulu, Hawaii and then to Houston and finally to Miami.

Pichay said Jimenez’s FBI escorts led him away without informing them.

Nixon misled them into believing that they would stick to their Continental flight on their way to Miami, he said. "But obviously they had other plans. Their conduct is uncalled for and so abominable." – With Jess Diaz