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Advices needed!

Let's just say I have experiences in commercial dispute matters.

 

Lawrenchoo, you seem very knowledgeble in this area. Although you're not a lawyer or police, you seem to be in touch with the legal area very well.

Are you a businessman as well?

 

To determine if the case is under the jurisdiction of Singapore or Malaysia, alot will depend on the classification of the case by facts. If he "cheated" you (Sec 417/420 S'pore PC) in Singapore (he would have done so if he DISHONESTLY told you IN SINGAPORE that he can get the goods for you but in fact he knew that he cannot or would not, causing you to deliver to him a property - the $, which you would not have done if you have known the true state of facts), the case would be under Singapore jurisdiction although the money went into a Malaysia account. However, from what you described, it seems that he had the ability to obtain the goods you want for you and he had done so in the pass, it is difficult to prove a case of cheating. However for Criminal Breach of Trust (CBT - in Singapore it is punishable under Sec 406 Penal Code, i think the section number is the same for Malaysia although the wording for the section is exactly the same in both countries), the offence takes place when you entrust property to someone for him to act in a certain manner but he did not do so but DISHONESTLY convert the money to his own/other uses. This would have taken place in Malaysia (from the way you describe) and so falls under Malaysian jurisdiction. So I suggest you make a report there but of course you are free to take this matter to the Singapore Police to see what they say. By the way, I am NOT a lawyer or a police officer.

  

 

Hmmm, wonder how many lawyers we have here in SJ ... to advise our pal poorman.

 

If he conned you in Singapore, I think this should be under Singapore jurisdiction. Have you spoken to the police yet? They may be able to advise you on your next steps.

Talk to his family too, if you know his address, and tell them the situation. In any case, I'm sorry to hear about this and really pisses me off that its a Singaporean doing this.

 

Right now what you can do which incur minimal costs is to lodge a Police report with the Malaysian authority and provide the Police with the information, especially this person's particulars. Keep all the emails that you have with him, as well as give a copy of them to the police because it will serve as good circumstantial evidence for your case. The police may classify your case under Criminal Breach of Trust of the Malaysian Penal Code. Not having any "written evidence" will not cause the matter to be a "no case" but just that it is harder to prove on the weight of evidence. If you should have somebody else who knows about the transaction (and better still if this person is a neutral one; eg not your wife etc), get his help and quote him to the police as proof. Civil suit wise, I don't think it is worth to proceed at this point of time as you cannot find this person. Find out if the bank account is still active and if so, you can check with the Malaysian lawyer there if they can get an injunction to freeze the account until he is found. Civil case wise, this is easier to obtain as the standard of proof is not as high as that compared to a criminal case. But still, the crux is to find this person. For the amount, you have to weigh if it is worth to get a PI to do so. Things get easier if this person has a family (hey, get the hint?)    

 

Very sorry to hear about your experience. Don't think you would have a legal case against your ex-friend. Will be his word against yours, with nobody having any written evidence. Don't think a court in Singapore would allow you to proceed because there is no basis for your claim. Not familiar with Malaysian legal system but think the chances of success to sue him there are very low.

 

Thanks for your replies.

He is a singaporean too. the amount is around 200k. No email proof for the equipment. but we worked together for quite some time and this thing never happened before. I ask him to get small equipment before too. i have emails to proof it but no email proof for the use of the wired money. In my email, i only asked him to get me this type of equipment and thats all.

He is counter claiming that i was returning a loan back to him when i confronted him after the incident although he didn't has any proof too.

Can i stop him to use the money (he got from overseas and he also had closed down the bank account since)? freeze it? Do i have a case against him in malaysia or singapore? if in malaysia, how can i get him back to court in malaysia?

I am trying to find out more option before approaching a lawyer for this? Thanks again and please continue to give your advices.

 

Oops, I meant " Legal action will be a waste of money if they can't find him".

 

Sorry to hear that, poorman. Malaysia is a 'hide & seek' play country ... that's why car theft is so common there. That guy will just disappear to other state .... Legal action will be a waste of money if they can find him. Some more he's a friend. *Sigh!

 

Sad to hear this. But even you have evidence of your "wired $$", it quite difficult to get back your $$. Is the amount a lot? If the amount "wired" is justifable for a court case, maybe you would like to consult a lawyer?

 

Did you correspond by email? If you have email proof of the agreement, it might be binding.

However, because its a cross-border thing, it complicates matters.

 

Dear fellow forum members,

I am in need of some legal advice.

               

The problem started when i wired some money to a friend's personal account in malaysia. Wanting him to get me some equipment and ship it to the here. instead, he siphoned the money. (without getting the equipment to here.)  We work based on trust and no formal or legal document is signed between him and me.

 

Can i get the money back? Can i sue him in Malaysia or in Singapore. Any person who have knowledge in this matter, please offer your valuable advice. Thanks.