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Case worker laments lack of relief for Emry’s victims

07 February 2024

 

About 500 Filipinos lined up outside Emry's office for 4 months in 2016 for the fake jobs 

One of a handful of people who worked tirelessly to help hundreds of Filipino domestic workers get their cases against the now-defunct Emry’s Employment Agency heard, has expressed disappointment that the actual victims in the case never got relief.

Edwina Antonio, case officer of the Mission for Migrant Workers, was commenting after Emry’s co-owner Ester Ylagan, was jailed for 32 months on Feb. 2 after she pleaded guilty to four counts of laundering a total of $5.7 million which she made offering non-existent jobs to some 500 Filipinos.

Antonio, together with fellow case officer Ester Bangcawayan, represented more than 100 claimants against Ylagan in cases that started in July 2016 and dragged on for more than two years at the Small Claims Tribunal and the District Court. 

Buksan ang mga tip

A separate criminal case for money laundering, instead of illegal recruitment or fraud, was eventually filed against Ylagan  when she returned to Hong Kong in 2018, after fleeing to the Philippines.

 Sa tagal nang inabot ng kaso, at daan-daang biktima, hindi sapat ang ilang buwang kulong na hatol sa kanya. Tapos ang kaso na isinampa laban  sa kanya ay hindi illegal recruitment kundi money laundering. Nasaan ang hustisya para sa kanyang mga biktima?”, said Antonio.

(The jail term is not enough for the many years that it took for the case to be resolved, and the hundreds of victims. To make it worse, the case filed against her was not for illegal recruitment. Where’s the justice for her victims?)

TAWAG NA!

Ang nais lang naman ng mga biktima kaya sila nag-aplay ng trabaho sa Canada at UK ay para magkaroon sila ng opportunities na maisama ang kanilang mga pamilya na hindi pwede dito sa Hong Kong. Tapos isang kilala at dating maasahan na agency pa ang gumawa sa kanila nito. Kung meron lang sanang trabaho sa atin hindi ito mangyayari.”

(The victims applied for jobs in Canada and the UK so they could have an opportunity to  bring their families along, something which is not possible in Hong Kong. They didn’t realize that a well-known and reputable agency would do this to them. If there were enough jobs back home this would not have happened).

This was the same reaction by a handful of FDWs who faithfully followed up their complaints over the years, and even agreed to testify for the prosecution had Ylagan insisted on her innocence.

Following the sentencing, the first question asked by Aurora Hayag was “Paano na kami?” (What happens to us now?).

Hayag went to court on the last two days of the hearing, armed with the documents she had collected over the years, after filing and pursuing a complaint against Ylagan with the police and the Philippine Consulate.

PINDUTIN ITO

She paid $10,000 to Ylagan personally, hoping to secure a job for her son back in the Philippines, and  was shocked to learn that the highly regarded recruiter had scammed them.

But another victim who attended the sentencing said she had given up hope that she could recover the $10,000 that she paid Ylagan, but was there only to witness the recruiter being sent to jail.

Diyos na ang humatol sa kanya,” (It was God that finally decided her fate), said Marites Bumayat, whose employers gave her full support and allowed her to attend the court hearings after learning about the deception.

3 victims were joined by Bangcawayan and another supporter after the sentencing


Ylagan, 71, had been out on $40,000 bail until she pleaded guilty to the four money laundering charges against her.

She was charged with sending more than $5.7 million she collected from her victims to various people in Burkina Faso, Nigeria, Turkey and Malaysia on the instruction of “William,” a person who interacted with her only through email.

William introduced himself as an employment agency owner based in the United Kingdom, and told Ylagan to recruit as many job applicants as she could find, and to send the money they paid her to various people in different countries.

Ylagan's own staff told investigators they warned her about dealing with this person, especially after several remittance companies stopped accepting their money, but she persisted. 

She herself admitted that in June 2016 she was advised by then Labor Attache Jalilo dela Torre that she was being scammed but she did not listen, resulting to Emry’s losing its recruitment license and being shuttered.

In the first charge, Ylagan was accused of remitting a total of HK$2,633,181.52 and US$44,658 (HK$347,439) to Malaysia, Nigeria and Burkina Faso between Jan 29 and May 5, 2016. The total sum of HK$2,980,620 was dealt with in cash.

In the second count, she was accused of moving a total sum of US$300,000 (HK$2,334,000) from an account with Standard Chartered Bank to a recipient in Turkey from May 12 to 23, 2016.

The third charge said Ylagan, using her account at HSBC, again sent to Turkey a total of US$10,055 (HK$78,227) between May 25 and 26, 2016.

In the fourth charge, she remitted again to Turkey a total of US$50,000 (HK$389,000) from her HSBC account on Jul 8, 2016.

Judge Katherine Lo said Ylagan collected more than $6 million from about  500 applicants.  Only part of what she made was sent to unknown persons abroad, and the rest, which amounted to about $570,000, was not accounted for.

“So the defendant received more than she remitted,” said the judge.

She used four years as starting point for the sentence, and gave Ylagan a total discount of 1/3 for her belated guilty plea, her remorse and for refunding money to some of the victims. 

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