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Possible Estafa with Abuse of Confidence

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1 Possible Estafa with Abuse of Confidence on Thu Apr 05, 2018 6:19 pm

ayumi0123


Arresto Menor
A friend of mine is a CPA and he files taxes as a side job. Unfortunately, he misplaced a portion of his client's money amounting to 60,000, which has caused the company to pay the BIR 60,000 plus penalty for late filing. Now, the company verbally agreed with him that if he paid the 60,000 they won't charge him with the penalty they have incurred. My friend has paid 60,000 as agreed.

After payment, the company changed their mind and now wants him to pay the penalty of 40,000 plus 20,000 damages. The company has consulted a lawyer regarding the additional 60,000 claim, and their lawyer already discussed this with my friend's lawyer. They threaten to file a case against him if he does not pay another 60,000 within the week. My friend is willing to pay, but currently he only has 40,000 and his sister from abroad promised to loan him 30,000 but it will only be credited next week because according to him the transfer of money from Euro to Peso is complicated. Now, he offered the company partial payment of 40,000 and promised to pay the remaining 20,000 next week, but they refuse to accept it.

What are the defenses that my friend could use against the case to be filed against him?

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2 Re: Possible Estafa with Abuse of Confidence on Thu Apr 05, 2018 7:37 pm

attyLLL


moderator
how long after it was discovered that the money was missing before he was able to pay the 60k? his defense would be that he was able to account for the money by replacing it


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3 Re: Possible Estafa with Abuse of Confidence on Thu Apr 05, 2018 7:48 pm

ayumi0123


Arresto Menor
The discovery was made by my friend and he notified his client right away that he misplace the 60,000, but he was able to replace the money in 5 days. However, the misplaced money already caused the company to pay penalty to the BIR. They both verbally agreed that there will be no further legal action if he replaced the money, and he did. Now the company, through their lawyer, wants to charge my friend with the 40,000 penalty of the BIR plus 20,000 damages, to be paid within this week and if he can't pay they threaten to sue my friend with estafa.

My friend already begged them to accept his partial payment of 40,000, and have the 20,000 be paid by next week but they won't accept the terms. I think they will file the case of estafa tomorrow because my friend can't pay the full amount of 60,000 tomorrow.

Is there a high chance that this file be dismissed during preliminary investigation?

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4 Re: Possible Estafa with Abuse of Confidence on Thu Apr 05, 2018 7:54 pm

attyLLL


moderator
the fact that he informed the company just might exonerate him. I don't believe the hard ball stance of the company. if by next week he has the 60k, my belief is they won't push through with filing a case


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5 Re: Possible Estafa with Abuse of Confidence on Thu Apr 05, 2018 7:56 pm

attyLLL


moderator
was the initial agreement that he would just pay the 60k and not the penalty in writing, even email or text? under conversion theory, the missing money was converted into a loan and no more crime


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6 Re: Possible Estafa with Abuse of Confidence on Thu Apr 05, 2018 8:17 pm

ayumi0123


Arresto Menor
Both the agreement for the payment of 60k and the penalty is not in writing, it was only communicated verbally via phone call.

He is a close friend of mine that's why I researched about his situation, and I concluded that the company has a weak case against my friend. I was also suspecting that because of their weak case, they resorted to scaring my friend into paying the penalty. But for good measure, I wanted to ask a lawyer if my conclusion is correct, that's why I came to this forum.

However, my friend thinks that the company would still file a case against him tomorrow.

I really appreciate your advice, you somehow alleviated my worries for him. I didn't ask him about the possible defense his lawyer has informed him because I don't want him to get upset. Kudos to you atty!

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