Hearing on smuggling case of Lapid's wife moved

CLARK FREEPORT, Pampanga, Philippines  – The preliminary hearing on the dollar smuggling case in Las Vegas against Sen. Lito Lapid’s wife Marissa has been postponed to a still unannounced date.

Marissa’s American lawyer Eliot Krieger said that the Feb. 7 hearing would be rescheduled.

In a telephone interview with The STAR, Krieger also clarified that Marissa flew to Las Vegas last Jan. 15 upon the invitation of the US Department of Homeland Security but she was not aware that she would be arrested.

Krieger said US authorities told Marissa not to leave Clark county in Nevada and she now wears an electronic monitoring bracelet on her ankle.

Lapid was allegedly caught with $40,000 undeclared cash aside from the $10,000 she had declared to customs agents at the Las Vegas airport on Nov. 27 last year.

She was later released pending the investigation on the alleged dollar smuggling case.

Marissa was able to celebrate Christmas in the Philippines. The Nevada district court issued a warrant of arrest against her last January.

Asked about Marissa’s chance of being cleared in the case, Krieger said, “It’s too early to say.”

He said the invitation from homeland security was about the Nov. 27 arrest of Lapid.

Krieger said she was arrested on a Sunday and since the following Monday was a holiday, she remained under detention until she was able to post bail last Tuesday.

Krieger also clarified that Marissa will not yet face trial but rather undergo preliminary investigation for the prosecutors to find out whether there is “probable cause” to charge her in federal court.

Once probable cause is determined the court would set an arraignment.

He said that Mrs. Lapid has obeyed court orders to remain in a house she owns in Clark County in Las Vegas, but she could petition the court to allow her more freedom to travel within the US.

“One can be allowed by the court to go to other areas to attend a wedding of a relative, for example. I have had a case in which my client was even allowed to go to Israel, but there has to be a good reason,” Krieger stressed.

He said the accused could be allowed some freedom after they paid their bonds.

In the case of Marissa, the court accepted a $500,000 lien on Lapid’s house in Las Vegas.

Krieger also said that at the moment, he saw no reason for Sen. Lapid to testify in Marissa’s case.

If convicted of the offense, Marissa could be sentenced to five years in jail, pay a $250,000 fine, and have the seized money forfeited in favor of the United States government.

Krieger declined to comment on the affidavit of Albert Giangregorio, special agent of the Department of Homeland Security investigation unit, which was part of the evidence submitted to US Magistrate Judge Peggy Leen who issued the warrant of arrest against Lapid.

The affidavit related that when Marissa, upon arrival at the Las Vegas International Airport on Nov. 27 , was asked about the $50,000 she did not declare before Customs officials there, she replied “I’m sorry. It’s for my house.” Giangregorio also said Marissa apologized and repeated several times, “I screwed up.”

Krieger said that the case against Lapid pertains only to allegations of dollar smuggling and had nothing to do with whether the money was illegally obtained.