Case worker laments lack of relief for Emry’s victims

 

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?)

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“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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Emry’s probers seek more video evidence

By The SUN

Ester Ylagan in better times.

Police investigating the alleged job scam of hundreds of Filipinos by recruiter Ester Ylagan and her companies Emry’s Staff Services Agency and Mike’s Secretarial Services are asking for the applicants who documented the transactions on video to step forward.

Labor Attaché Jalilo dela Torre disclosed this as he and Consul Paul Saret of the Consulate’s assistance to nationals section prepare to meet with the police to check on the progress of the probe.

Labatt Dela Torre said the investigators need the names of those who took the video recordings so they can be submitted to the Justice Department as additional evidence.

The footages, at least two of which were shared with The SUN, were taken discreetly by complainants with their cell phones as they made payments to Ylagan at her former office at World Wide Plaza in Central.

The Police Regional Anti-Crime Unit is investigating Ylagan, 66, and suspended barrister Ody Lai Pui-yim, 56, for suspected fraud and money laundering in connection with the alleged scam.

About 200 applicants, mostly Hong Kong-based domestic workers, filed complaints against Ylagan for charging them placement fees of $10,000 for a wide range of non-existent jobs in Britain, and $15,000 for positions in Canada.

About 300 more victims of the apparently recruitment scam have either chosen not to pursue their claims while others have found new jobs overseas or gone home after losing their jobs here.

The complaints led to further investigations into the suspected scam by the Philippine Overseas Labor Office and the Consulate’s ATN sections, and in turn, resulted in the arrest of Ylagan and Lai, who are both out on police bail.

Both suspects have been told to report back to police at regular intervals while the investigation into the case continues.

Many of the complainants have submitted evidence to support their claims to Mission for Migrant Workers director Edwina Antonio who is representing them in court. She is also expected to supply the names of those who took the videos to investigators.

The next hearing of the claims will be held at the District Court sometime next month, following a postponement on Oct 26.

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Labatt decries dropping of labor cases vs Ylagan

By Vir B. Lumicao

Ylagan in photo taken after
her return to HK in Dec 2018

Former recruitment agent Ester P. Ylagan, who is accused of collecting millions of dollars from about 500 Filipino job applicants, has gotten away from 23 charges of  collecting excessive commission when labour prosecutors withdrew the charges against her.

Magistrate Peter Yu Chun-cheung approved the dropping of the charges at the request of prosecutors when the case was heard at Eastern Court for the fifth time on Jul 12.

The prosecutors said that they had decided to withdraw the charges “to avoid jeopardizing possible action to be taken by the police”.  

A statement sent by the Labour Department to The SUN said Ylagan had been arrested by the police for suspected involvement in more serious offences arising from the alleged job scam, and had subsequently gone bankrupt.

The cases stemmed from complaints filed in mid-2016 by about 200 Filipino job applicants from Hong Kong, Macau and the Philippines, who claimed to have paid Ylagan between $10,000 and $15,000 each for non-existent jobs in Britain and Canada.  

Outgoing Labor Attaché Jalilo dela Torre deplored labour’s action, saying the withdrawal of the cases filed by the Employment Agency Administration sends a chilling message that the interests of foreign helpers here are not Hong Kong’s concern.

 

Outgoing Labatt says the dropping of charges sends 'chilling' message

“It is sad that in a case which victimized hundreds of Filipino domestic workers in Hong Kong, the EAA has decided this way. There is ample evidence showing the owner of this agency committed a criminal offence by charging placement fees in amounts way above what is allowed by Hong Kong law,” Labatt  Dela Torre said.

“The EAA’s decision sends a chilling message to the community of 340,000 foreign domestic helpers—that your interests and the need to protect them are not our (Hong Kong’s) priority,” he said.

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“This flies in the face of the oft-repeated exhortation that foreign domestic workers are important to Hong Kong. In this case, the EAA seems to be telling the community they are not important,” Dela Torre said.

Consul Paulo Saret, head of the Consulate’s assistance to nationals section, said they will now press Hong Kong justice officials to speed up the filing of fraud and money laundering cases against Ylagan. 

Ylagan, along with her solely owned company, Mike’s Secretarial Services, was originally charged by the EAA with 23 counts of “receiving payment other than the prescribed commission” under the Employment Ordinance.

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Ylagan also co-owned Emry’s Service Staff Employment Agency, which at the time of the filing of cases against her, was the biggest recruiter of Filipino domestic workers in Hong Kong.

More than 200 of her alleged victims had sued her in the Small Claims Tribunal in August 2016 to get back their money. About a dozen had won their claims, until the Tribunal decided to consolidate the remaining cases, and passed them on to the District Court for adjudication. They have remained there since. (https://www.sunwebhk.com/search?q=ester+ylagan)

Ylagan pre-empted the filing of complaints against her by going to the police in May 2016 to say that she herself had been a victim of a Britain-based job recruiter. She claimed she had lost  $4.2 million to this recruiter, which included money paid her by her applicants, in effect admitting she had violated the law against overcharging.

But it was only in June this year that police arrested Ylagan on suspected fraud and money laundering, along with her former friend and adviser, suspended barrister Ody Lai.

Police say the cases against the two have already been elevated to the Department of Justice for evaluation and possible prosecution in court.

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Recruiter in Canada and UK jobs mess vows to pay up

By Daisy CL Mandap

Weeks after she was linked to a massive recruitment for dubious jobs in Canada and Britain, a veteran employment agency operator has said she is willing to return the money of applicants who want to back out, or address the concerns of others.
But Ester Ylagan, who runs the 30-year-old Emry's Service Staff Employment Agency and the more recently set up Mike's Secretarial Services, insisted during an interview with The SUN on May 20 that she never intended to dupe anyone.
"Gusto ko lang tumulong," she said.
Ylagan, whose Emry's company is known to be the biggest supplier of Filipino domestic workers in the city, said she would not risk her company's good name for instant profit.
"Wala akong balak takbuhan ang mga nagrereklamo," she said. "Ang tagal-tagal na nang kumpanya ko, at hindi ko ito sisirain dahil lamang dito."
But she said she may not be able to pay back everyone all at once, as she had already sent their money to a London-based partner with whom she has communicated only via email.
The man, according to her, goes by the jaw-dropping names "William Clinton James" and "William Clinton Erich". Despite the highly suspicious nature of their dealings, and the fact that she has never met the man personally, Ylagan said she had remitted around $2million to him.
"Yung buong retirement pay ko, ibabayad ko na sa kanila," she said.
Ylagan admitted to having recruited around 500 people for jobs in Canada and the United Kingdom using her other company, Mike's Secretarial Services. They were charged $15,000 each for those bound for Canada, and $10,000 for those applying to go to the UK, although she said some asked to be allowed to pay by installment.
The jobs she offered ranged from domestic helpers, drivers, nurses to sales and marketing staff.
No job offers, contracts or in the case of the Canada positions, no labour market opinions were given to any of the applicants. All they got was an assurance that they would be deployed by June, or this month.
Later, the deployment date was reportedly moved to October this year, and Ylagan said her applicants should consider waiting until this time before running after her for their money.
However, because of all the complaints she has been getting lately, Ylagan said she has stopped sending money to "Clinton James". She has also reportedly complained to him about getting all the flak for his unfulfilled promise to start deployment as promised.
One Filipina who was enticed to drop by Emry's shop in Worldwide Plaza and join Ylagan's orientation seminar, said they were told that the lowest salary they could expect was equivalent to HK$22,000 for the helper's job. It was supposed to be much higher for the office jobs.
She said that despite not having a college degree, she was told she could qualify for the marketing position as she had some background in sales in her previous job in the Philippines.
Despite paying $10,000 in cash - money she just borrowed from a financing company at about 26% interest per year, she was not issued a receipt.
In the interview, Ylagan readily admitted to this, but said she had a ledger where all the payments received from each applicant was entered. She said this will be the basis for paying the refund due each applicant who wants to back out.
As of the time of the interview, Ylagan said she had already refunded a total of $26,000 to four applicants who had asked for their money, citing urgent needs.
Quite a number are reportedly holding on, still hoping to fly out to their chosen destination by October.
Ylagan said she had offered to meet with the complainants at the Philippine Overseas Labor Office, but was told that she had to wait for Labor Attache Jalilo dela Torre's return from an emergency leave so he could personally intervene in the case.
A number of complainants have also sought help from the Mission for Migrant Workers.  According to the Mission's Edwina Antonio the applicants reported attending a closed-door meeting between them and Ylagan at Labatt de la Torre's office on May 29. The group was reportedly upset after being told that their money could not be refunded in full, and are now threatening to go public with their complaint.

POEA charges Ylagan with massive illegal recruitment

By Daisy CL Mandap

Ylagan is caught on camera counting
money paid by an applicant

The world has just gotten smaller for Ester P. Ylagan.

The 65-year-old recruiter accused of fleecing no less than 200 overseas Filipino workers of tens of thousands of dollars in exchange for non-existent jobs in Canada and Britain two years ago, has just been charged by Philippine authorities with illegal recruitment.

Ylagan used to co-own with her late husband Emry's Service Staff Employment Agency, the biggest recruiter of Filipino domestic workers in Hong Kong. She also owned Mike's Secretarial Services, which she used in her apparent recruitment scam.

In a memorandum dated Mar 13, the Philippine Overseas Employment Administration informed  Labor Attache Jalilo dela Torre that a criminal case for illegal recruitment had been filed against Ylagan with the Department of Justice.

In addition, two administrative charges were filed against her: one for “unjustifiably collecting fees from the workers”, and another for “committing a felony or crime punishable by the laws of the Philippines or the host country.

Under Philippine laws, illegal recruitment is a serious offence for which the maximum penalty could be life in prison. Bail could also be withheld for one charged with the gravest form of the offence.

Contacted by The SUN on the phone, POEA Administrator Bernard Olalia confirmed that the information filed against Ylagan was for “syndicated illegal recruitment”, meaning the case against her involved at least three alleged victims. Because of this, Ylagan will be held without bail once a warrant of arrest is issued against her.

He said that it was up to the DOJ to file the case in court, after which an arrest warrant could be issued once “probable cause” is established.

“I will still have to find out if the DOJ has already made that determination,” Olalia said.

A flyer from Ylagan's company, Mike's, offered
'any job available'in UK and Canada

Around 10 Filipinos, many of them relatives of OFWs in Hong Kong, have filed complaints with the POEA against Ylagan, who allegedly charged between $10,000 and $15,000 for bogus jobs in Britain and Canada.

Some of them personally brought their complaints directly to Olalia late last year, when he was still 

acting POEA administrator. They were accompanied to the meeting by migrants rights advocate Susan Ople, who has been keeping tabs on the case.

At least 200 more OFWs have filed complaints against her with Hong Kong police. On Mar. 11, the police began looking at the case in earnest after a group of lawyers divulged in a media interview that Ylagan could have also engaged in big-stakes money laundering, partly using the money paid her by the applicants.

Olalia also confirmed that one of the administrative charges being pursued against Ylagan was for her “unlawful exaction of fees”, for which the maximum penalty would be the cancellation of her license.

However, this charge may have become moot when she voluntarily ceased operations after POLO Hong Kong cancelled her accreditation, meaning she could no longer recruit Filipinos for work in the city.

The other administrative charge, over a felony or crime she may have committed in the Philippines or Hong Kong, could be over the money laundering allegation against her.

Documents shared with The SUN by the group looking into this angle showed Ylagan, along with her two sons, a son’s girlfriend and former staff members, appeared to have moved millions of dollars to places as far apart as Nigeria and Malaysia. The documents have been turned over to Hong Kong authorities who are looking into the case.

Some of the applicants who sought help from HK Police

Meanwhile, the police in Hong Kong have begun interviewing around 80 OFWs who had complained against Ylagan’s apparent recruitment scam as early as July 2016.

A total of 32 OFWs were reportedly interviewed and asked to submit additional documents during the whole-day session held at the Central Harbourfront Station on Mar. 11. The others are being called for similar interviews this coming Sunday, Mar. 18.

Up until this time, Ylagan managed to avoid going to court, despite being the subject of numerous complaints from Filipinos – in Hong Kong, Macau and the Philippines – who claimed to have paid her thousands of dollars for the fictitious jobs she offered.

It appeared Ylagan charged HK$15,000 for each job applicant to Canada, and HK$10,000 for those who wished to work in Britain. Several applicants claimed they paid her for multiple placements, in hopes of bringing along their relatives back in the Philippines to their dream destination.

Failing to get her arrested for fraud, the applicants took their case to the Small Claims Tribunal, where Ylagan sent representatives to contest the claims, while she slipped out to the Philippines in mid-July 2016.

Before leaving, she filed a complaint with the Hong Kong police against a business associate she named as “William Clinton James”, who she claimed, was the one who made her do the recruitment for the bogus jobs.

Ylagan said Clinton James made her send nearly $8 million cash to unknown people in Burkina Faso, on the promise that he had jobs waiting for her recruits. For her effort, she was supposed to get a British passport, 15 plane tickets to London, and a chance to explore business opportunities in the United Kingdom.

At the Tribunal, about two dozen claimants were awarded their claims until Ylagan, though a representative, succeeded in getting all the claims transferred to the District Court early last year.

A TV news report in the Philippines about the cases pending against her in Hong Kong succeeded in flushing Ylagan out of hiding in Manila. She returned to Hong Kong in December last year, and immediately went to the police to file another complaint; this time, against her ertswhile friend, Ody Apostol Lai, who allegedly used deception to get a flat formerly owned by Ylagan and her late husband transferred in her name.

The two-bedroom Aberdeen flat, which costs around $6.5 million at market rates, is being sought by Ylagan’s applicants for attachment so their claims could be satisfied. The applicants have been granted Legal Aid in pursuing their case against Ylagan.

The next hearing of the claims before the District Court has been set for May this year.

Ylagan no-show as record number of claims heard in court

By Daisy CL Mandap

The Small Claims Tribunal is now at West Kowloon Courts

A record number of Filipino domestic workers showed up at the Small Claims Tribunal on Monday, Sept. 19, for the hearing of their claims for refund against recruiter Ester P. Ylagan, who allegedly promised them non-existent jobs in Britain and Canada.

However, Ylagan was not around to defend herself and her solely-owned company, Mike’s Secretarial Services, against claims totaling no less than $300,000. Even a former staff member who appeared for earlier court hearings was nowhere in sight.

However, in a defence statement she sent to court on Sept. 11 in reply to the case lodged against her by the first claimant Maritess R. Moreno, Ylagan said she would “vigorously defend” all claims arising from her recruitment for the overseas jobs.

A total of 33 claimants were told to show up for the hearings, which were held for the first time at the West Kowloon Law Courts in Shamshuipo. The workers were claiming between $10,000 and $15,000 each from Ylagan, who collected the money for a document they supposedly needed to secure the jobs.

The workers, believed to number around 500, said they were promised a deployment by June this year, but Ylagan later moved this to October. When the applicants resisted and demanded a refund, Ylagan closed down her shops in Worldwide Plaza in Central and stopped replying to them via chat or email.

Most of the claimants showed up in person, while a few were allowed to be represented by volunteers of the Mission for Migrant Workers. Officers and staff at the Philippine Consulate led by Vice Consul Alex Vallespin also came by to show support for the workers.

But to everyone’s disappointment, especially the helpers who had to beg their employers to be allowed the morning off to attend court, no hearing took place. Instead, they were told to amend their claim forms to include a new address for Ylagan, as the court notices they reportedly sent to her registered address in Aberdeen were all returned.

The news came as a surprise to the workers, as the Aberdeen address was the same one used by previous claimants in pursuing a claim against Ylagan. The notices sent out to inform her about the default judgments made in favor of least 15 workers were also sent to the same residential flat registered jointly in the names of the defendant and her husband, Ricardo Ylagan.

Luckily for them, Ylagan furnished a new address in Kwun Tong in her defence against Moreno’s claim, so the claimants used this as a second address to ensure that the defendant receives the notices for their next hearing dates.

The claimants were told that if Ylagan again fails to show up for the next hearings scheduled early next month, a default judgment could be entered in their favor.

In her defence statement, Ylagan said Moreno failed to provide “sufficient evidence of her attending briefings, applications, and payments”. The statement added, “There is not a single document to prove her claim”.

Ylagan also claimed that the “services provided by MMS (Mike’s) in applying for documents in behalf of the applicants are not refundable” and that the company allegedly did not guarantee that the applicants would be hired, or that visas would be granted them by either the British or Canadian immigration.

This was contrary to what all the claimants say, that Ylagan had guaranteed their deployment to the two countries by June, and later, October this year. A number of those who managed to win their claims showed the court text messages where defendant repeatedly told them to be positive and wait for their delayed deployment.

Ylagan also said that at the Oct 14 hearing, she would apply for a consolidation of all similar claims, so that they could all be heard at the District Court.

Emry’s ex-owner set to challenge $5.7M money laundering case

By Daisy CL Mandap

 

A barrister is defending Ylagan against the money laundering charges (File)

A lawyer representing former employment agency owner Ester Ylagan indicated at the District Court today, Tuesday, that she intends to dispute four charges of money laundering she allegedly committed in 2016, involving a total of $5.7 million.

Barrister Michael Delaney asked for more time to review the case before a pre-trial review is set, saying it has been six years since the offences were allegedly committed, and four years since Ylagan was arrested.

PINDUTIN PARA SA DETALYE

He said there are more than 4,000 depositions to go through and 43 persons named as witnesses, including 25 listed as victims. He expects the trial to last from five to 10 days.

But when Judge Justin Ko King-sau asked if the defense could indicate by the next hearing date when a trial might be held, Delaney assured him they also want an early disposition as Ylagan is already 70 years old and is “anxious to have this matter dealt with.”

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After the prosecution raised no objection, Judge Ko set down the next hearing date on January 5 next year, with a pre-trial review being held on May 25, 2023.

Ylagan’s bail of $40,000 was extended on the same terms until then. 

PINDUTIN PARA SA DETALYE

Earlier, she was asked if she wanted a Tagalog interpreter in court, and she answered she could understand and speak in English. However, she eventually opted to keep a Tagalog interpreter during the succeeding hearings.

The former owner of Emry's Service Staff Employment Agency, which used to be the biggest recruiter of foreign domestic workers from the Philippines, came to court on her own.

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The four money laundering charges against Ylagan allegedly took place between Jan 29 to Jul 8, 2016, and involved a series of transactions, all in violation of the Organized and Serious Crimes Ordinance.

The first charge alleges that Ylagan dealt with property known or believed to be proceeds from a crime between Jan 29 and May 5, 2016, in the sum of HK$2,633,181.52 and US$44,658 (HK$347,439). The total sum of HK$2,980,620 was dealt with in cash.

BASAHIN ANG DETALYE

The second count allegedly happened between May 12 to 23, 2016, during which the total sum of USD300,00 (HK2,334,000) was moved by Ylagan from an account with Standard Chartered Bank.

Her alleged offences were an offshoot of complaints made by some 400 Filipino migrant workers that she had recruited them for non-existent jobs in Britain and Canada from 2015 to 2016, for which they were charged between $10,000 and $15,000.

No one among the applicants managed to get back their money, despite attempts by the Mission for Migrant Workers to help them pursue claims against Ylagan in the Small Claims Tribunal and later, in the District Court.

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