Carlos Garcia / Clarita Garcia / Timothy Mark D. Garcia (New York Bank Accounts)

Related to the General Carlos Garcia corruption cases in the Philippines, the U.S. filed criminal and civil actions against members of the Garcia family and their US assets.  The actions include this 2012 civil asset forfeiture case filed against two bank accounts in New York totalling $245,520.94.  According to the complaint filed in the case, the assets were proceeds of General Garcia's corruption and as part of the plea agreement in his Philippines case, his wife and son forfeited the accounts to the Government of Philippines.  The US had alleged that Clarita Garcia had smuggled the cash into the US in 2003-2004 and deposited them into accounts belonging to herself and her son, and over $1.3 million were wire transferred from a Philippines bank to accounts in the U.S. On April 18, 2013, a Default Judgment was ordered in favor of the U.S. (Sources:  US v. $201,166.08 in US Currency and $44,354.86 in US currency in name of ICJ Access Worldwide, Case No. 1:12-cv-9388 (SDNY), Verified Claim filed December 26, 2012 and Default Judgment filed April 18, 2013). 

The actions include as well 2004 civil forfeiture proceedings in New York against an apartment that was allegedly purchased with corrupt proceeds, and 2009 extradition proceedings against Clarita Garcia (wife) and a third son Timothy Mark Garcia (who is not involved in the Northern California bulk cash smuggling case against Ian Carl and Juan Paulo D. Garcia).  (Sources: U.S. v. All Right, Title and Interest in Real Property and Apputenance Located at Trump Park Avenue Condominium, Unit 6A, Case No. 1:04-cv-08918-RJH (S.D.N.Y.), Complaint filed November 10, 2004; In Re Clarita Depakakibo Garcia, Case No. 2:09-mc-50231-GCS (E.D. Mich.), Extradition Complaint filed March 4, 2009; unable to obtain copies of the extradition complaint against son Timothy and copy of a March 16, 2009 criminal complaint that were reported to have been filed against him in U.S. District Court for the Southern District of New York, as noted by  Joseph G. Lariosa,"3rd son of Gen. Garcia now also detained in U.S.," GMANews.)

On May 20, 2011, the US Government wrote to the court stating that the agreement with the Garcias for the forfeiture of the condominium had been stalled as it was contingent on the Philippine government's formal withdrawl of extradition requests of former general Garcia's sons and wife from the U.S.  (Source: US v. All Right, Title and Interest in Real Property and Apputenance Located at Trump Park Avenue Condominium, Unit 6A, Case No. 1:04-cv-08918-RJH (S.D.N.Y.), Endorsed Letter to the Court by US Government dated May 20, 2011 and filed June 2, 2011.) 

In November 26, 2012, the US was granted a default judgment against the condominium.  (Source: US v. All Right, Title and Interest in Real Property and Appurtenance Located at Trump Park Avenue Condominium, Unit 6A, Case No. 1:04-cv-08918-RJH (S.D.N.Y.), Default Judgment, November 26, 2012).

According to a statement by the US Embassy Manila, on June 3, 2015, "U.S. Ambassador Philip S. Goldberg presented Ombudsman Conchita Carpio-Morales with a check in the amount of U.S. $1,384,940.28 payable to the Republic of the Philippines. The check represents “ill-gotten” gains acquired by former AFP Comptroller General Carlos F. Garcia.   Philippine and U.S. investigators worked closely together to determine that General Garcia laundered a substantial portion of his criminal proceeds through the United States.  In particular, investigators with the U.S. Department of Homeland Security traced the criminal proceeds to two Citibank accounts in New York and a condominium in Trump Tower in New York.  The U.S. Attorney's Office for the Southern District of New York then initiated civil forfeiture proceedings against those assets and eventually obtained default judgments of forfeiture.  The net proceeds resulting from the sale of the condominium and the funds from the two Citibank accounts were returned to the Philippines by the United States today."  (Source: US Embassy Manila, "U.S. Helps Philippines Recover 'Ill-Gotten Gains'”, June 3, 2015).