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Lapid’s wife allowed to visit ailing father in Phl

Joseph Lariosa - The Philippine Star

CHICAGO – Judge Lloyd George of the United District Court of Nevada has allowed the return to the Philippines of Marissa Lapid, wife of Sen. Lito Lapid, to visit her father, who suffered a heart attack and is said to have a “life expectancy to be approximately 30 days.”

Lapid, who was reported to have arrived at the Ninoy Aquino International Airport last Thursday, was granted her request for “permission to travel to the Philippines for three weeks to be with her father.” She is currently on home confinement.

D. Russell Ellis, Senior US probation Officer, recommended that her travel “be tolled until her return at which time she will complete the remainder of her five-month home confinement condition.”

This means that since Lapid started home confinement last Feb. 4, shortly after she pleaded guilty to bulk smuggling and conspiracy to structure transaction with intent to evade reporting requirement, her home confinement would stop upon her departure for the Philippines.

Lapid’s home confinement resumes upon her return to the US.

Aside from a five-month confinement, Lapid was also ordered placed under a three-year supervised release, forfeiture of $40,000 that she tried to bring into the US and “forfeiture money judgment” amounting to $149,700.

The forfeiture of her $40,000 and her $149,700 became permanent on March 26, when nobody came forward to claim the amount one month after publication in the US government’s forfeiture site, www.forfeiture.gov, from Jan. 14, 2013 to Feb. 2, 2013.

Had the Philippine government charged Lapid with forfeiture proceedings for “unexplained wealth” as it did in the case of the children of former military comptroller Carlos Garcia who tried to smuggle $100,000, the Philippine government could have staked a claim to Lapid’s monies.

It remains to be seen if the government would still institute forfeiture proceedings against Lapid.

Home confinement

In approving Lapid’s travel, the US probation officer said she “paid in full and followed her condition of home confinement with no violations.”

It was last May 15 when Lapid notified the probation officer that her father suffered a heart attack and remains confined in hospital. She provided documents from her father’s doctor.

The Nevada judge ordered the return of Lapid’s passport and her permanent residence card and other documents last Feb. 7.

In the plea agreement that she signed, Lapid agreed to “cooperate fully” and provide complete and truthful information and testimony concerning her knowledge of all other persons who are committing or have committed offenses against the US if there is an investigation and prosecution of these persons.

Lapid also promised to “promptly turn over to the US or other enforcement authorities or direct such law enforcement authorities to any and all evidence of crime, all contraband and proceeds of crime and all assets traceable to such proceeds of crime.”

She said she would also submit a complete accounting of her financial assets, whether such assets are in her name or in a third party’s name.

Lapid shall also testify before any grand jury in Nevada and elsewhere and at all trials of cases or other court proceedings at which her testimony may be deemed relevant.

The court may order Lapid’s return to prison for all or part of the term of supervised release, which could result in the defendant serving a total term of imprisonment greater than the statutory maximum prison sentence of 10 years if she violates any condition of her supervised release.

 

CARLOS GARCIA

CONFINEMENT

FEB

FORFEITURE

HAD THE PHILIPPINE

HOME

JUDGE LLOYD GEORGE OF THE UNITED DISTRICT COURT OF NEVADA

LAPID

LITO LAPID

NINOY AQUINO INTERNATIONAL AIRPORT

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