|THE WRITER Joseph G Lariosa
By JOSEPH G. LARIOSA
CHICAGO (JGL) – Edgardo Pasamba, an unemployed husband of Carmelita Pasamba, a Filipina certified nursing assistant, who was earlier sentenced to six years in state prison for bilking about $350,000 an elderly Chicago senior citizen under her care, had been sentenced to jail for 364 days to time served after pleading guilty to one count of misdemeanor trespassing to a vehicle.
Mr. Pasamba, who celebrated his 66th birthday last Sept. 23, was sentenced by Judge Joseph M. Claps of the Circuit Court of Cook County in Chicago, Illinois during a court hearing on Sept. 3, when eight counts of financial exploitation, one count each of theft by deception and theft filed against Mr. Pasamba were also dropped.
Mr. Pasamba, who had just filed for bankruptcy, tipped of his wife’s co-employee at St. Joseph’s Hospital in Chicago of financially exploiting his wife’s ward, Marshall F. Davies, when the female co-employee saw him driving his wife to work on board a new Mercedes Benz in 2007.
Pasamba’s co-accused, his wife, Carmelita Pasamba, 65, was earlier sentenced to six years in prison by Judge Claps after pleading guilty to one out of 11 counts of financially exploiting an elderly (80 years old plus and more than $5,000); financially exploiting a disabled (of more than $100,000); theft to deprive the owner permanently of the use or benefit of property worth from $100,000 to $500,000; theft thru deceptive practice of at least $50,000 and forgery of documents.
She got an additional five years of state prison after pleading guilty to forgery/making documents that her client is of sound mind out of the separate set of eight counts, including financial exploitation of an elderly and disabled and theft. She is projected to be released exactly two years to the day from now on Sept. 23, 2017. She is eligible for parole Wednesday, Sept. 23, 2015.
Their other co-accused, Carmelita Pasamba’s younger sister, Jocelyn Vargas Baker, 49, was sentenced to four years in state prison for financial exploitation of the elderly in one of the six counts of financial exploitation of an elderly and disabled and theft charges filed against her. She was also sentenced to a two-year mandatory supervision release and is given 628 days credit for time served. She is projected to be released on March 24, 2017 and was eligible for parole last March 24, 2015.
In a separate but related case, the citation to recover assets filed by the Cook County Public Guardian Robert F. Harris before Circuit Court of Cook County Probate Judge Daniel B. Malone against Edgardo and Carmelita Pasamba had been settled but did not affect the citation against Jocelyn Vargas Baker and Filipino American lawyer Alfonso S. Bascos.
Cook County Public Guardian Attorney James Burton had earlier filed a motion for summary judgment against Baker and Bascos before Judge Malone, who is expected to rule on the motion very shortly.
Carmelita and Edgardo Pasamba as well as Jocelyn Baker were charged criminally by Cook County State’s Attorney Anita Alvarez with felony offenses of financial exploitation of a senior citizen, Marshall F. Davies, 94. They spent more than a quarter million dollars of the Davies’ money, giving loans to themselves but never repaying them.
Both Carmelita and Edgardo Pasamba entered into a settlement agreement four months ago with Robert Harris, the Cook County Public Guardian, in the Citation to Recover Assets filed against them before Cook County Probate Court. The couple agreed to return at least $59,600 “restrained” funds that will come from the Healthcare Associates Credit Union of about $8,700; US Bancorp, $8,600; from JP Morgan Chase Bank, $33,900, all under the name of Carmelita Pasamba.
Both Carmelita and Edgardo Pasamba also let the Public Guardian “collect and retain all funds held in the Public Guardian’s escrow styled, “Davies, Marshal Escrow for Mercedes Proceeds” totaling $8,400 representing the sale of the Mercedes Benz SUV purchased by Carmelita and Edgardo Pasamba using Marshall F. Davies’ money.
While the Pasambas also agreed to “continue payment” to Davies and/or heirs of Davies named in the last will and testament, they did not admit to any wrongdoing.
The settlement does not cover other defendants in the probate case. They are Pasambas’ adult son, Dennis Pasamba, Jocelyn Baker and Filipino American lawyer Alfonso Bascos, who prepared the Power of Attorney that enabled Carmelita Pasamba to gain access to the victim’s bank accounts, stocks, bonds, money market, etc.
Told by this reporter that the assets recovered so far from the Pasambas are a little too small from the original missing assets, Public Guardian’s James Burton said, “Since Mr. Bascos remains in the case, and he is not willing to settle this matter, I will be asking the Court, at the close of trial, to make him liable for the balance.”
Two weeks after Carmelita Pasamba obtained a Power of Attorney, she wrote a check for herself for $30,000 against the victim’s bank account although, she is only entitled to a minimum fee of $8.25 for being a POA. Carmelita overstayed her “Visitor/Working” visa after she entered the U.S. from the Philippines in 1977.
Jocelyn, who is also a CNA, has no record of entry into the U.S., according to the U.S. Immigration and Customs Enforcement (ICE) agency. They are likely to be deported after serving out their sentences. Edgardo became a green-card holder after entering the U.S. in 1983 on a visitor’s visa.
All the three defendants have no criminal history – no felony or misdemeanor arrests or convictions.