Jul 232013
 
The Department of Justice (DOJ) has recommended fresh syndicated estafa charges against Aman Futures owner Manuel Amalilio and former Pagadian City mayor Samuel Co in connection with a large-scale investment scam that duped 15,000 investors last year.

In a resolution, the DOJ special panel said the three elements of syndicated estafa according to Presidential Decree No. 1689 were all “present” in the case — a) estafa or other forms of swindling under Articles 315 and 316 of the Revised Penal Code is committed; b) estafa or swindling is committed by a syndicate; and c) defraudation results in the misappropriation of moneys contributed by stockholders, members of rural banks, etc.

“Evidence shows that there is sufficient ground to engender a well founded belief that the crime of syndicated estafa has been committed and that respondents… are probably guilty thereof and should be held for trial,” the panel said in a 66-page resolution.

Amalilio is currently serving a two-year jail sentence in Malaysia for possession of fake passports and IDs.

Syndicated estafa is a non-bailable offense in the Philippines.

Aside from Amalilio and Co, also ordered charged were Fernando Luna, Lelian Lim Gan, Eduard Lim, Wilanie Fuentes, Naezelle Rodriguez, Lurix Lopez, Mohammad Hassan Mackno, Dimasara Jova, Ian Madarang, and Priscilla Ann Fernandez Co.

The latest DOJ resolution stemmed from two complaints—one filed by Co and another by the National Bureau of Investigation (NBI)—and three private complainants, including a certain Fabian Tapayan.

Co’s complaint was dismissed after the panel found him an “active-participant in the fraudulent scheme.” Only the NBI’s complaint was found to have probable cause.

“Respondent Samuel Co cannot claim that he became a victim of the fraud perpetuated through Aman… Given his participation in the operations of Aman as an agent, by collecting/receiving investments from numerous investors, he himself participated in the fraud committed against the complaints,” the DOJ panel said.

Tapayan had separately filed a complaint for violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, which the DOJ dismissed “without prejudice” because the jurisdiction belongs to the Office of the Ombudsman.

“The finding of probable cause was further bolstered by the direct involvement of the following respondents in the operation of Aman,” the DOJ said. “It was never disputed that it was respondent Amalilio who organized the operation of Aman in Pagadian City.”

Last March, the DOJ recommended separate syndicated estafa charges against Co and 11 others for their alleged involvement in the Aman Futures scam.

Based on its preliminary investigation, the DOJ special panel junked Co’s defense that he merely helped Aman Futures in distributing checks to investors and was not a member of the doomed investment firm.
 
Co had earlier claimed that he and his wife were also victims of Aman Futures as they invested P3,266,700 in the firm under the account name Bo’s Coffee with an interest of 58-percent after 17 days. He made another investment under the account name Max’s Chicken with an amount of P3,205,500 with a 60-percent interest after 17 days.
 
Co had said he tried stopping Aman Futures from operating but failed to get an authority from the Sangguniang Panglungsod of Pagadian City because its members “were themselves politicians… and no one complained against the operation of Aman.”
 
In June 2012, Co had ordered the cancellation of Aman Futures’ business permit after finding out that it was into futures trading but was registered as a general merchandise business. — KBK, GMA News

Feb 072013
 
Respondent in Aman Futures case wants to be state witness

A respondent in the syndicated estafa cases filed against officials of the Aman Futures Group Philippines on Thursday asked the Department of Justice (DOJ) to be formally admitted as state witness in the case. Donna Coyme told a DOJ preliminary investigation that she is ready to divulge whatever she knows about the company and its founder, Manuel Amalilio. During the proceedings, Coyme denied being an officer of the Aman Futures Group. “Investor lang po ako dun. Napagkamalan lang po ako na officer kasi araw-araw po ako nandun sa mga Luna, dahil tutor ako ng mga anak nila,” she told the DOJ panel, referring to company president Fernando Luna and his wife Nimfa. “I have an idea of what was going on because I was in their (Lunas’) house every day,” she added when asked on what her possible testimony will be about. She also said she never saw Pagadian Mayor Samuel Co, another respondent in the case, in the Aman Futures office. Coyme said the company used the Lunas’ house as its headquarters. Her statement ran contrary to Mr. Luna’s claim that he was just Amalilio’s driver who was asked to stand as company president. Amalilio is currently serving a two-year sentence in Malaysia after he was caught in possession of a fraudulent passport and ID. He went to Malaysia after news broke out of his firm’s alleged illegal activity. Aman Futures is accused of defrauding thousands of investors through a so-called “Ponzi Scheme,” in which the firm misrepresents itself Read More …

Jan 272013
 
DOJ: Aman Futures boss Manuel Amalilio also facing complaints in Malaysia

Pending complaints in Malaysia are preventing the return of Aman Futures boss Manuel Amalilio to the Philippines, Justice Secretary Leila de Lima said over the weekend. De Lima said the complaints prompted Malaysian authorities to hold Amalilio and not allow his return home, radio dzBB reported early Monday. “Hinold lang muna ng Malaysian authorities si Mr. Amalilio. May lumutang na local complainants so they have to address those complaints first bago i-turnover sa atin,” De Lima said. The Justice Deparment had said that Amalilio is a Filipino and not a Malaysian national.  Last Friday, National Bureau of Investigation agents who went to fetch Amalilio returned home empty-handed after the Malaysian authorities did not turn him over to them at the last minute. De Lima said it was not immediately clear if those who filed complaints against Amalilio in Malaysia were Filipinos or Malaysians. She said that while the Philippine government is serious in getting him home, it has to respect the processes in Malaysia also. “We are serious in our effort ibalik siya rito pero dapat galangin din natin ang proseso sa Malaysia,” she said. Last weekend, Malacañang reassured the public the appropriate government agencies are making efforts to facilitate the return to the Philippines of Amalilio. Amalilio, whose firm was linked to a P12-billion investment pyramiding scam, was arrested in Malaysia for possession of a fraudulent Malaysian passport and IDs. — RSJ, GMA News