SWINDLING * ESTAFA * FRAUD * General Principles * Elements of Swindling * SYNDICATED Estafa
Swindling - Owner gives away Money or Property - another Persons DECEIT in Act(s), Omission(s) or Concealment - Owner's Loss, Damage or Injury; Person DEFRAUDS another by False Pretenses, Fraudulent Acts prior to taking away the Money or Property - using a Fictitious Name or falsely pretending to possess Power, Influence, Qualifications, PROPERTY, CREDIT, AGENCY, business or transactions or similar deceits; Three Forms of Swindling - Estafa with abuse of CONFIDENCE - ESTAFA with DECEIT by false Pretense, Fraudulent Acts or Fraudulent Mean; FRAUD - to deceive through breach of legal or equitable DUTY, TRUST or reposed CONFIDENCE, resulting to another's Damage, taking undue and unconscientious advantage; Multifarious means of human ingenuity, resorted to secure an advantage over another by false suggestions or suppression of Truth, to include Surprise, Trick, Cunning Dissembling and any unfair way to CHEAT another; DECEIT - false representation of a FACT - words, conduct, false or misleading allegation - through CONCEALMENT to deceive about one that should have been disclosed; GOOD Faith - a state of Mind on honest belief or purpose, faithfulness of duty or obligation, reasonable standards in fair commercial dealing and belief in one's legal title or eight;
ELEMENTS of Swindling - Gravemean - employment of FRAUD or DECEIT to damage or prejudice another; False Pretense, Fraudulent Act or Fraudulent Means made or executed for the Owner to part with his MONEY or Property, suffering DAMAGE as a consequence; DECEIT as to Power, Influence, Qualifications, Property, Agency, Business or Imaginary Transactions;
SYNDICATED ESTAFA - committed by a Syndicate of five (5) or more persons - misappropriate MONEY contributed by Stockholders of members of Rural Bank, Cooperatives, Samahang Nayon or Farmers' Associations, solicited by the Corporation/Association from the Public; PONZI Scheme - investment fraud of payment to high returns to existing Investors coming from funds of New Investors; The BUILD-UP of WEALTH through ADD-ON on PRICE over COSTS - Interest on BORROWED CAPITAL plus Dividends over INVESTED CAPITAL and Earned ADD-ON Incomes.