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Estafa and breach of contract

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1 Estafa and breach of contract on Sun Jun 03, 2012 5:27 am

chris_t610


Arresto Menor
Hello po.

I have a situation here that I would like to refer to you, Attorney, and I hope that I will be given enlightenment with what to do.

First off, I am working for an online company that offers work at home jobs in Philippines. Said company is based in Australia.

Now for the details:

One of our home-based agents (let's name her Cindy so we can have a proper reference) recently forwarded her resignation from her client (client is also based in Australia). The nature of said client's business is about Australian Migration services (he is a registered lawyer by the MARA).

During Cindy's tenure with this Australian Client, she was acting as a liaison staff that deals with her client's clients -- these clients can either be in Australia or abroad. Naturally, Cindy has access to a database of their clients that includes names, tel nos, email addresses and etc...

Until recently, this Australian client of ours contacted us and complained that Cindy was transacting illegally on his behalf (since she is already resigned from him). According to him, Cindy frauded one of his clients who is based in the mid-east.

Cindy did not inform this mid-east person that she is no longer working for Autralian migration firm and instead collected certain sum of money from this mid-east person as payment for migration-related services for Australia -- said amount is almost 400k in PH pesos.

And now for the problem:

Cindy has not signed any contracts with us when she started working for this Australian Client. The reason being is that she was already staffed with us with a previous client where she earlier signed a contract.

Now, Cindy's Australian client is suing us for breach of contract. NOTE: We and this Australian client have signed a contract where we will provide him with a staff -- hence, Cindy.

Question:

I understand that we are liable for this Australian client. But what about Cindy? What are the charges that we can file against her?

Again, please note that nature of our operations is Home-based work for filipinos and hence everything is done online -- this includes signing of contracts and communications. No personal appearances ever take place throughout the history of our operations.

Thank you and my apologies for a lengthy explanation.

All I ask is for enlightenment on what we can/can't do and all the legal steps that we can take.

Cheers!

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2 Re: Estafa and breach of contract on Sun Jun 03, 2012 12:46 pm

attyLLL


moderator
why is your australian client involved in what cindy did? was she using the name of your australian client?


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3 Re: Estafa and breach of contract on Sun Jun 03, 2012 6:40 pm

chris_t610


Arresto Menor
thanks for responding.

yes, she is using her former boss' name in doing the transaction with the mid east person she scammed.

now, i am somewhat at a loss since Cindy never signed the new contract prior to starting her services with this Aussie client -- and I admit that this is a mistake from my/company's part.

The Aussie client has advised us already that he will be suing for damages, any recommendations on what we can do?

and what about Cindy? can we make her accountable for this fraud?

thanks po in advance.

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4 Re: Estafa and breach of contract on Sun Jun 03, 2012 8:26 pm

chris_t610


Arresto Menor
By the way, the reason why Cindy's former client (the Aussie) learned about her latest antics was when the mid-east person called his office in Australia to make a follow up on his migration application -- which Cindy deceived him by pretending to still work for the migration firm. My guess is that perhaps Cindy asked for down payment for fees needed for the application wherein fact the real motif is to swindle the foreigner.

Naturally, the Aussie client wasn't too happy to have learned that Cindy has used his name and credibility to fraud one of his clients (mid east man).

Im just curious; are there any similar cases like these where Filipinos are able to victimize individuals from overseas?

Just a quick thought; the mid east man quickly became a victim of scam -- I am trying to think how Cindy managed to deceive him into paying 400k Pesos.

Oh well, any thoughts from you will be greatly appreciated.

Thanks

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5 Re: Estafa and breach of contract on Mon Jun 04, 2012 10:51 pm

wayne19


Arresto Menor
hi. i got an investigation data form, it was filled out by a simple hand writing what should i do about it? i called the number provided but its a collections agency. they are threatening me. shall i give in to their demands?

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6 Re: Estafa and breach of contract on Sat Jun 09, 2012 11:14 am

attyLLL


moderator
chris, if you want to keep the client, work out a compromise. if not, then you can defend by saying cindy's act is her own entirely.

wayne, investigation data form is used at the prosecutor's office. if it is not stamped as received by the doj, then it's just a piece of paper.


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