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Manila congressman pleads not guilty to charges; requests jury trial  4/0703
 

'U.S. pulls out all stops to get Jimenez' -- Defense lawyer
Posted 4/07/2003 11:30AM EST

MIAMI, FLORIDA, Apr 7 -- In his arraignment today in the court of Magistrate Judge Peter R. Palermo
of the South District Florida Court, indicted Manila Congressman Mark Jimenez pleaded not guilty to the 47-count charge by the United States government accusing him of illegally making contributions to the Democratic party, mail fraud, and tax evasion.

Defense counsel David S. Markus entered the plea on behalf of Mr. Jimenez and demanded a jury trial, where the defense expects to win their case when they get the opportunity to present their case to the jury.

Mr. Markus decried the "political effort of the U.S. government to get Mr. Jimenez." saying that  "originally the US started with campaign violations only and when they saw that he (Jimenez) would not plead guilty to those charges they expanded their case to include tax fraud and wire fraud."

The defense team was bolstered with the arrival of  Mr. Jimenez'es Philippine lawyer Ed Escueta who is expected to contribute his knowledge of case background and Philippine law where needed.

The trial date will be set by the assigned Judge.  Mr. Markus estimates the trial in the next few months, but ordinarily in federal court in Miami. a case of this magnitude will not be tried in the next six months.

 

 

Electoral body rules Rep. Jimenez disqualified from office; cites residency requirements not met  3/06/03 
Posted 3/06/2003 6:29AM EST

Manila (Basta Pinoy Newswire) Mar 6. 2003– Extradited Congressman Mario “Mark Jimenez” Crespo got disqualified as representative of the 6th district of Manila after the House electoral tribunal voted 7-2 on an election protest against him.

The election protest, filed by Jimenez’s predecessor Rosenda Anne Ocampo, daughter of Jimenez’s challenger in the congressional seat Pablo Ocampo, contested that the beleaguered congressman did not comply with the residency requirement and that he lived in classy Forbes Park and not within the 6th district of Manila.

Jimenez is given 10 days to file a motion for reconsideration to the electoral tribunal. If turned down, he can make an appeal to the Supreme Court but unless the high court issues a temporary restraining order, the electoral tribunal’s decision becomes final.

Meanwhile, Jimenez’s friend, Bulacan Representative Willie Villarama, one of the few who accompanied him to Florida during the extradition process, expressed his unhappiness about the decision made by the electoral tribunal.

“Nakakalungkot, meron pang mga nadi-disqualify sa panahon ngayon dahil sa residency…Kung ang Pilipino abroad nga puwede nang bumoto, dapat payagan na iyong (kaso ni Jimenez),” Villarama told Basta Pinoy News in a phone interview.

Villarama said he can sense there is politics involved in his friend’s disqualification, especially since “malalaki kasi ang kalaban niya.”

“Nakakaamoy din ako ng pulitika dito…may halong pulitika ang desisyong ito,” Villarama said.

The seven members of the tribunal who voted to disqualify Jimenez are Supreme Court Justices Renato Puno, Vicente-Dy Mendoza and Leonardo Quisimbing plus congressmen Douglas Cagas, Oscar Rodriguez, Salacnib Baterina and Zenaida Ducut.

Only Magtanggol Gunigundo and Joaquin Chipeco did not vote against Jimenez. (Basta Pinoy News/Ronalisa Co)

 

Jimenez stays in jail; INS action inhibits release


 

MIAMI, FL, FEB 18, 2003 -- Accused member of the Philippine House of Representatives Mark B. Jimenez has been spending his life in jail for over 50 days now since he turned himself over to US authorities to face charges of fraud, tax evasion, and making illegal campaign contributions to the Democratic party.

The wheels of justice which earlier turned into Mr. Jimenez’ favor when a US court granted him bail inspite of vigorous argument against it by the US seemed to have ground to a halt with the pending enforcement of a Detainer Action Letter lodged by the US Immigration and Naturalization Service.

 
Mr. Jimenez has satisfied bond conditions and has been in a position to post bond since Feb. 6, 2003, however, the INS Detainer will effectively put Mr. Jimenez in INS custody when he posts bond and temporarily released by the court.

According to defense lawyer Ben Kuehne, Mr. Jimenez’ passport must be examined by INS to determine the status of his entry into the United States.  Unfortunately  the passport which was taken by US officials during Mr. Jimenez’s transport to the United States from the Philippines has not been turned over to INS for inspection -- because the passport cannot be located.
 

 
At the hearing in a Miami Federal Court today, Mr. Kuehne motioned the court to order the US govt to produce the passport of Mr. Jimenez to the Clerk of Court “in the interest of justice”.  Presiding US Magistrate Judge Ted E. Bandstra told Mr. Kuehne to submit the request not later than Friday this week.  At the end of the hearing, a long court process for Mr. Jimenez loomed as his arraingment was again postponed for another three weeks.
 

Immigration issues delays Jimenez release

 
MIAMI
, FL, Feb 10  (BPNW) --

The release of Rep. Mark B. Jimenez from a Miami federal detention center suffered further delays as immigration issues remained to be resolved.

 


Defense Lawyer Ben Kuehne said this morning that a "Detainer Action Letter'  filed by the US Immigration Naturalization Service (INS) against Mr. Jimenez. need to be worked out and lifted.

 

 
Arraingment has been rescheduled for Feb. 18, 2003.
 

Jimenez in bond compliance; release imminent

 
MIAMI
, FL, Feb 7  (BPNW) --

An order signed by US Magistrate Judge Ted E. Bandstra found accused Filipino Congressman Mark B. Jimenez in compliance of nebbia and bond premium requirements for his temporary release into house arrest pending court proceedings.

 

Lawyers for Mr. Jimenez submiitted documents in support of bond conditions ordered by Judge Bandstra last Dec 31, 2002.

 

Bail conditions were set  as follows: $300,000 Corporate surety bond with Nebbia conditions (source not from fruits of a crime) and assets securing this bond in the United States; 

 
$200,000 cash bond co-signed by two brothers, two sons, and two daughters.   In addition, Judge Bandstra imposed 24 hours house arrest, where Mr. Jimenez must reside with a family member in South Florida, electronically monitored.  Mr. Jimenez will only be allowed to leave for medical visits, to meet with lawyers, and court appearances.  J
udge Bandstra also required Mr. Jimenez to issue a waiver of extradition from any country he might be found in case he flees.

Aside from nebbia, bond premium and collateral requirements, Mr. Jimenez submitted last January 27 a  global waiver of extradition, which was one of conditions to his release.

 

 
This is the site in an upscale area where a unit was rented by the family of Rep. Mark B. Jimenez where he would spend time while he is temporarily released under 24-hour house arrest.
 

Jimenez waives extradition from any country

 
MIAMI
, FL, Jan 28  (BPN )--

In documents submitted to the US Department of Justice on Jan. 27, accused Filipino Congressman Mark B. Jimenez executed a complete global waiver of extradition to the United States.

 

According to the document  Mr. Jimenez signed, he waves "all defenses to extradition under United States law and the law of any nation" in which he will be found if he becomes a fugitive or leaves the United States and is located in another country.

 

 
The waiver is one of other conditions Mr. Jimenez was required to complete before he could be released on bond.
Other conditions imposed by the court  were an electronically monitored house arrest, $300,000 surety bond, $200,000 cash bond. 

The waiver was submitted by Jimenez lawyers to the US Department of Justice.

Mr. Jimenez is accused of making illegal campaign contributions to the Democratic Party, tax evasion

 

 
and fraud charges. (BASTA PINOY NEWS)
 

Further delays in Jimenez release

  MIAMI, FL, Jan 27 (BPN )--

The release of Manila Rep.  Mark Jimenez on bond remained distant as his lawyers requested more time to work on his bond.

Jimenez lawyer Ben Kuehne requested US Magistrate Judge Andrea M.  Simonton for an additional 14-days so they can work in "resolving bond matters".

 

Judge Simonton, without objections from US Prosecutor Michael Savage, reset the arraignment hearing for Feburary 10, 2003.

 

Mr. Jimenez is facing charges of  illegal campaign contributions to the Democratic Party, tax evasion, and mail fraud.


At the federal court hearing in Miami last December 31, 2002,

 

  US Magistrate Judge Ted E. Bandstra allowed the release of Mr. Jimenez on bond with strict conditions, including electronically monitored house arrest, $300,000 surety bond, $200,000 cash bond.  In addition bond should adhere to nebbia conditions, where the source of bond must be demonstrated not to come from the 'fruits of crime '.

Mr. Jimenez was brought down to the federal court room from the detainee holding area.

As members from the Filipino American community and media observed,  Mr. Jimenez and four other detainees were shuffled into the courtroom.  With each wrist handcuffed to each other's wrist,  the prisoners slowly stepped their shackled ankles through the courtroom where they were made to seat on the first row of the 'jury gallery'.

 

 

At the start of the hearing, Mr. Jimenez was requested by Judge Simonton  to come to the center of the courtroom and state his name.

"Your honor my name is Mark B. Jimenez," declared the Manila lawmaker,  as two of his lawyers stood on each of his side. 

At the brief hearing, Mr. Jimenez was observed to be 'sleepy', yawning on three instances.

According to a  source close to Mr. Jimenez, the Manila congressman was "busy going over paperwork overnight".

At the end of the hearing, Mr. Jimenez was led out of the courtroom and was observed to have seen the presence of a close family member and thos from the Filipino American community. (BASTAPINOYNEWS)

 

 
 

Jimenez remains in detention; arraignment postponed

 
  MIAMI, FL, Jan 13 (BPN)--

Accused Philippine lawmaker Mark Jimenez remained in detention as his lawyer requested a two week delay  of his arraingment to complete paperwork for his  release on bond on criminal charges of tax evasion, mail fraud, and  illegal campaign contributions to the US Democratic party.


Miami-based attorney Jane Weintraub, standing in for Jimenez lawyers, explained that   additional time is needed for processing overseas bond paperwork.  

US Magistrate Judge Barry L. Garber granted the request without objections from US attorneys prosecuting the case.

The 15-minute hearing  saw Mr. Jimenez,  shackled to two other detainees, in a relatively good mood.
 

 

"He looked happy and strong and it looks like he is getting enough sleep," a close family member observed.

Philippine Consul Henry Bensurto,  who was requested by  the Philippine Embassy in Washington D.C. to visit Mr. Jimenez, was present at the hearing.

"We need to make sure that Filipino citizens are accorded proper treatment," said Consul Bensurto.

 

Asked about his visit to Mr. Jimenez at the detaine holding area, Mr. Bensurto said that

"Mr. Jimenez was different from the last two weeks I saw him.

 

 Physically he looks more relaxed" "I told him he has grown younger,

 

compared two weeks ago," Mr. Bensurto added.

Asked if Mr. Jimenez held any bitterness against the Philippine administration, Mr. Bensurto said that it was not discussed at all.

"I did not see any bitterness from him.  What I saw in him is a man in good spirits.  A man who is willing to work with the system.," said Consul Bensurto.

 

Mr. Jimenez requested Consul Bensurto to let his family and friends know "that he is okay". (BASTAPINOYNEWS)

 

 

Philippine lawmaker faces arraignment

 
MIAMI, FL, Jan 10 (BPN) -- The high profile criminal case filed by the United States against Philippine congressman Mark Jimenez has taken a swift course after he voluntarily turned himself over to US officials last Dec 26TH, 2002 in

Manila. Jimenez, accused of making illegal campaign contributions to the US democratic party,  arrived in Miami on Dec. 29TH, where US Marshals took him into custody.

The following day, Mr. Jimenez made initial court appearance with three legal counsels at the Southern District of Florida federal

 

 


court, where the US Dept of Justice requested Mr. Jimenez be detained pending trial.

At the pretrial detention hearing next day, US Magistrate Judge Ted E. Bandstra ruled in favor of releasing Mr. Jimenez from custody on $500,000 bond, but with strict conditions, including being under 24 hours house arrest in the district, electronically monitored. 
In addition, the source of the cash used for bond must be demonstrated to have not been from the fruit of a crime.

Relatives and supporters of Mr. Jimenez at the hearing who

 


strongly disagreed with the Philippine government’s revocation of his bail in Manila, hailed the ruling a “victory for justice”.  His lawyer also said that Mr. Jimenez “is grateful to get American justice”.

 Mr. Jimenez’s arraignment is set for Jan. 13th, where he will enter a plea of not guilty to all charges according to his lawyer.  

 

 


US Judge grants bail to accused Filipino lawmaker

12/31/2002. An artist's depiction of Philippine Congressman Mark Jimenez (center) at the court hearing where his lawyers requested his release on bond. Release was approved by U.S. Magistrate Judge Ted Bandstra but imposed strict conditions that must be met prior to release -- one of  which confines Congressman Jimenez to the home of a relative or friend in Florida.  Final details are being worked out with the U.S. Attorney's office and lawyers for Congressman Jimenez
 

Jimenez detained in Guam; Lawmakers decries 'mistreatment'

 


MIAMI, FL, Dec 27 (Basta Pinoy News) -- The arrival in Miami of extradited Filipino Rep. Mark Jimenez is still uncertain as the legislator is still being held by US officials at a federal detention facility in Agana, Guam. 

Lawmakers Bulacan Rep. Willie Villarama and Surigao del Sur Rep. Prospero Pichay who were accompanying Congressman Jimenez arrived in Miami today and denounced how they were misled to believe that they would still be with Mr. Jimenez on their connecting flight to Honolulu with a final destination to Miami.

At a downtown Miami hotel were they are staying, the Congressmen expressed dismay over the manner the voluntary extradition of Mr. Jimenez is turning out. 

 “We were misled,” Rep. Villarama said . “As we boarded the plane for Honolulu we were told by airline staff that Congressman Jimenez was in Row 40.  Once inside, Congressman Jimenez and FBI officials accompanying him were nowhere to be found.  US officials did not have the courtesy to let us know,”  Rep. Villarama added.
 

 
Rep. Pichay deplored the way Mr. Jimenez, a Philippine Government official,  was treated. “Justice is supposed to be blind,” said Rep. Pichay. “Mr. Jimenez voluntarily turned himself under an agreement with Philippine and US officials.  The agreement is broken,” added Rep. Pichay upon learning that Congressman Jimenez was handcuffed while aboard the flight.

Tears welling in her eyes, Claire Crespo, conveyed her sadness and indignation in the way her father was treated.  “My father did not deserve that treatment,” Ms. Crespo said. 

 “How could this be, Filipinos are always treated less,” added Ms. Crespo.

In a statement in Manila, Foreign Affairs Secretary Blas Ople said that Rep. Jimenez “was no longer handcuffed” upon arrival in Guam from diverted trip to Saipan.

 

 
According to Sec. Ople, U.S. officials gave assurances that Congressman Jimenez is “being given full protection of U.S. laws in accordance with the bilateral extradion treaty.”

A  Department of Foreign Affairs statement said U.S. Embassy officials said there was no specific agreement reached about handcuffing.  The flight carrying Rep. Jimenez went to Saipan as he was originally scheduled to attend a hearing there. It was cancelled due to a dispute over the venue where the hearing would be held. It was gathered that the hearing will be held in Florida where the alleged crimes were committed.

 Secretary Ople assures everyone that the Department will extend all the necessary assistance to Rep. Jimenez with full respect to his dignity and stature as a Philippine Government official.

 
     
             

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