Criminal or Civil case?

[Acieed]

Bro, cool off. If the cops have so much power they can arrest anyone for any reasons, you should also be afraid.

 

In this case, it all depends on what exactly was in the contract. If the "friend" was contracted to only perform the takeover, like a business consultant and he take the $$$ and run away, there's a chance it will be CBT. If the contract was very vague, like two people go into "joint-venture", "investment" then its very easy for the friend to argue the investment failed or whatever reasons, technically he did not do anything illegal and this will most likely be a civil case.

 

Just go with the recommendation from many bros here, make a police report, then engage a lawyer.

 

Ya lah! Of cos. We paid those buggers to catch bad people leh. Always say cannot this cannot that. Assault - civil case. Fraud - civil case, then what is criminal case? :angry: We citizens are not secure leh.

 

[Vid]

Bro, cool off. If the cops have so much power they can arrest anyone for any reasons, you should also be afraid.

 

In this case, it all depends on what exactly was in the contract. If the "friend" was contracted to only perform the takeover, like a business consultant and he take the $$$ and run away, there's a chance it will be CBT. If the contract was very vague, like two people go into "joint-venture", "investment" then its very easy for the friend to argue the investment failed or whatever reasons, technically he did not do anything illegal and this will most likely be a civil case.

 

Just go with the recommendation from many bros here, make a police report, then engage a lawyer.

 

Ya. that's what I'm going to tell her.

 

Anyway, the "investment" can't fail when the takeover hasn't even gone thru. If the business was taken over and failed, then nothing to say. What I'm saying is that the friend took the money intended for a business takeover but in the end MIA. So this I believe there is an element of cheating.

[Vid]

other country also the same lah. you go USA still the same. Civil case. this one define by ang mo. what you expect?

 

Criminal case are like robbing, thief, murder.

 

you say we not secure. try going Hong kong. your kids if out of your side will be kidnapped.

 

Hong Kong I think still ok lah... Cross the border then

[Joseph22]

Hong Kong I think still ok lah... Cross the border then

 

heard a few cases liao.. its friend's friend though.

 

not sure how authentic it is. cases of how they when missing.

 

1) Mother leave the children at Disneyland play ground alone (i concur that as irresponsible parents although the children are 12 and 10 years old.) [related to me by a friend who is a teacher about her friend who is non teacher]

 

2) Mother want to bring the children to toilet, but got lots of stuff. This "kind soul" offer to help. mother waited outside the toilet for very long, didnt come out. when inside and children no longer there liao. (dont ask me how i dont know) [related to my cousin by her supplier's on incident happen to her supplier's friend]

 

maybe this cases are 1 in a million, but if it happen to me, its not 1 in a millions

 

somemore going to hong kong with family this year end.

Edited October 31, 2011 by Joseph22

[Jasonjst]

KNN , I got a regular customer keep buying with his Cash CHQ , alway no problem . One fine day you know CHQ bounce , person disappear . Report police , they say is civil case . Pay another 1K for lawyer , also gone in the end .

 

[Kezg1]

anyway, before getting deep into it, read up a letter about 2 weeks ago to the newspapers ... a woman file a claim against a company thru the small claims tribunal (paid fee #1). the company did not even bother to show up !!

 

the woman "won" the case but she will have to cough out additional costs(fee #2) to have the "win" enforced.

 

however, if the company decides to wind out, then she might have to fork out fee#3 to settle the enforcers' fees, even though all she might get are some stools or tables.

 

its not we are timid or lazy, but we just dun have the extra cash to continue playing this game. so like i said, unless you have lots of spare cash to play with lawyers and court processes, just take it as a lesson learnt.

 

 

 

Even if it is a company....case in pt, my friend whose company was owed by another company, with invoice and contract documents (amount appx 27k)..asked Lawyer to check up whether can sue or not...lawyer feed back was..he is the number 5 Q to sue...no use

[Jasonjst]

Even if it is a company....case in pt, my friend whose company was owed by another company, with invoice and contract documents (amount appx 27k)..asked Lawyer to check up whether can sue or not...lawyer feed back was..he is the number 5 Q to sue...no use

 

In Singapore , want to cheat , do it in a big way legally . Maybe in Malaysia and others , we can pay underworld money to deal with these cheats .

[VprD]

Ya lah! Of cos. We paid those buggers to catch bad people leh. Always say cannot this cannot that. Assault - civil case. Fraud - civil case, then what is criminal case? :angry: We citizens are not secure leh.

 

It is the LAW Statues that state what Police can do. If you are not happy, please speak to the law ministry and change the LAW Content.

 

It is the law statues that is outdated and not the people enforcing the law.

[Vid]

Even if it is a company....case in pt, my friend whose company was owed by another company, with invoice and contract documents (amount appx 27k)..asked Lawyer to check up whether can sue or not...lawyer feed back was..he is the number 5 Q to sue...no use

In Singapore it's so easy to cheat

[Ysc3]

In Singapore , want to cheat , do it in a big way legally . Maybe in Malaysia and others , we can pay underworld money to deal with these cheats .

 

i wud like this ... but sadly, i got no extra money to pay the underworld to do the deed also ....

 

anyway, i lost a total of abt $25k ... long story ... even with the 5 bounced chqs the dealer gave me, police/lawyer also can't do a thing !

[Tom_kkh]

yr aunt friend can say yr aunt owe her money.......... civi no less.

 

but don waste time. no black and white, fight simi?

Edited October 31, 2011 by Tom_kkh

[Moredhel]

If your aunt hands over money without confirming with a proper receipt or proper documentation, then she's better off putting money into bonds instead of business.

 

Written agreement of partnership for the intention of business takeover?

 

 

Here are the golden questions:

 

 

Under what registered company or LLP?

 

Was your aunt's lawyer involved in the drafting/vetting of the contract?

 

Transfer to company account or personal account?

 

Is there a timeline for the takeover?

 

Are there any restrictions on using pooled monies intended for biz takeover?

 

What is the percentage of shared holdings?

 

 

Likely your aunt will find out that in the partnership contract, these points are not stated clearly if the 'friend' is out for a con.

 

 

First off, it's obvious that it's one of those 'get rich quick' sleeping partner schemes if the above holds true.

 

So your aunt would have no physical access/controls to either accounts or monies.

 

And it would likely be under a LLP, with the 30k tagged under 'paid up capital' or 'unsecured personal loan(with 0% interest)' or something along those lines, depending on how clever her 'friend' is. This 30k would likely be accounted for under 'expenses' accrued in the process of takeover, likely entertainment at Tiananmen or a host of varying legally acceptable options.

 

In a year or so, the partnership would technically expire and the remaining capital accounted for would be $X.00 and this would be owed your aunt and settled promptly. The rest would be put off as losses in cost of business operation. Or, at a worse case scenario, your aunt would end up holding part of a company with bad debts(borrowed against capital) and being hounded by collectors and would have no choice but to write off the amount anyway to close the shell company.

 

 

[Vid]

If your aunt hands over money without confirming with a proper receipt or proper documentation, then she's better off putting money into bonds instead of business.

 

Written agreement of partnership for the intention of business takeover?

 

 

Here are the golden questions:

 

 

Under what registered company or LLP?

 

Was your aunt's lawyer involved in the drafting/vetting of the contract?

 

Transfer to company account or personal account?

 

Is there a timeline for the takeover?

 

Are there any restrictions on using pooled monies intended for biz takeover?

 

What is the percentage of shared holdings?

 

 

Likely your aunt will find out that in the partnership contract, these points are not stated clearly if the 'friend' is out for a con.

 

 

First off, it's obvious that it's one of those 'get rich quick' sleeping partner schemes if the above holds true.

 

So your aunt would have no physical access/controls to either accounts or monies.

 

And it would likely be under a LLP, with the 30k tagged under 'paid up capital' or 'unsecured personal loan(with 0% interest)' or something along those lines, depending on how clever her 'friend' is. This 30k would likely be accounted for under 'expenses' accrued in the process of takeover, likely entertainment at Tiananmen or a host of varying legally acceptable options.

 

In a year or so, the partnership would technically expire and the remaining capital accounted for would be $X.00 and this would be owed your aunt and settled promptly. The rest would be put off as losses in cost of business operation. Or, at a worse case scenario, your aunt would end up holding part of a company with bad debts(borrowed against capital) and being hounded by collectors and would have no choice but to write off the amount anyway to close the shell company.

 

Ya lor... that's why I told her to be mentally prepared the money is gone.

[Ysc3]

Ya lor... that's why I told her to be mentally prepared the money is gone.

 

maybe you can also read up on those timeshare complaints and see how far proper paperwork can get you ... almost nowhere.

[Elfenstar]

Was having dinner with some relatives just now and an aunt ask me a question -

 

A friend of hers asked to partner with her to takeover a beauty business so she agreed and passed about $30k to the friend. It's her friends so no agreement has been signed since the takeover is not finalized yet. But part of the money was transferred by bank to that friend so got proof she passed money to her. Now that the takeover date is near, that friend seems to be avoiding her, like not answer her call or messages and have no updates on the situation.

 

So she asked me, if the partner disappeared with the money, is this a case of fraud or will the police ask her to find a lawyer instead? She afraid of these kind of legal stuff (I guess everyone is). Any advise from bros here?

 

Technically it's both. Criminal for fraud (though it will be hard proving without any paperwork, heng she used i-banking), but it's civil to get her money back.

[Vid]

maybe you can also read up on those timeshare complaints and see how far proper paperwork can get you ... almost nowhere.

 

Ya... read about those timeshare complaints before. They are worst then lehman brothers