CLARK FREEPORT - The first preliminary hearing on the bulk dollar smuggling case against Sen. Lito Lapid’s wife Marissa has been postponed to a still unannounced date within 60 days from the initial Feb. 7 schedule.

In a telephone interview with Punto, Marissa’s American lawyer Eliot Krieger also clarified that while Marissa flew to Las Vegas last Jan. 15 upon the invitation of the US Homeland Security Department , she was not aware that she would be arrested.

Marissa was told not to leave Clark county in Nevada with an electronic monitoring bracelet around her ankle, after she was allegedly caught with $40,000 undeclared cash on top of $10,000 and P10,000 she declared at the Las Vegas airport on Nov. 27 last year.

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

“The invitation from Homeland Security was in regard to the Nov. 27 incident, but she was not informed about the arrest. She was arrested on a Sunday and the following Monday was a holiday then, so she remained under detention until I brought her out on Tuesday,” Krieger said.

Marissa was able to spend her Christmas in the Philippines after the Nov. 27 incident pending the filing of formal charges against her.

After the charges were filed, the Nevada district court issued a warrant for her arrest last Jan. 5, without her knowing it.

Krieger also clarified that the 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.

As in the Philippines, an arraignment would follow if probable cause is determined, he added.

He also said that while Marissa, who was told to wear an electronic bracelet monitoring her movements, has obeyed court orders to remain in a house she owns in Clark County in Las Vegas, she could petition the court to allow her some freedom if she wanted to.

“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,” he stressed.

He also said that so far, Marissa has not made any request to be allowed by the court beyond Clark County where her movement has been restricted. “But she certainly can file for such petition,” he added.

Krieger also said that lawyers are not responsible if such clients do not come back, as such clients are allowed some freedom only after they pay bonds.

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

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

If convicted of the offense, Marissa could be sentenced up to five years in jail, fined up to $250,000 and have the currency forfeited to the United States.

Krieger declined to comment on the affidavit of Albert Giangregorio, special agent of the Homeland Security Investigation, which was among the evidences submitted to US Magistrate Judge Peggy Leen who issued the Jan. 5-dated warrant of arrest against Marissa.

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 Marissa pertained only to allegations of bulk dollar smuggling and had nothing to do with whether the cash on her was illegally obtained.