Scammed by investment company Philippines

Question: I got scammed by an investment company. I have downlines that are also scammed by the same company and now they want to sue me. Is that possible since I am also a victim?

Answer:

In the context of Philippine law, the situation you're in is quite complex. While you may also be a victim of the scam, your downlines may still attempt to file legal actions against you, depending on your role and representations made in the investment scheme.

What Types of Cases Could be Filed Against Me?

1. Estafa: Under Article 315 of the Revised Penal Code, you could be accused of estafa if you deceived your downlines into investing.

2. Civil Case for Damages: Your downlines may also file a civil case for damages based on the loss of their investment.

3. Violation of Securities Regulations: If the investment company was not properly registered or was selling unauthorized investment products, you might be held accountable under the Securities Regulation Code for recruiting others to join.

How Can I Defend Myself?

1. Lack of Malice: If you can prove that you, too, were deceived and did not act with malice, you might be able to defend yourself effectively.

2. No Guarantees Given: If you made no guarantees or false promises to your downlines, this could be used in your defense.

3. Evidence of Victimhood: Documentation proving that you were also scammed can be used to bolster your case.

What Steps Should I Take?

1. Seek Legal Advice: Given the complexities, consult a lawyer immediately to understand the specifics of your legal position.

2. Gather Evidence: Collect all communication, agreements, or any other documents that can show that you didn't deceive your downlines intentionally.

3. Engage with Downlines: Depending on legal advice, you may wish to negotiate with your downlines to find an amicable solution, such as collective legal action against the scamming company.

What are the Risks?

1. Criminal Record: Being convicted can lead to imprisonment and a criminal record.

2. Financial Burden: Legal defense can be expensive, and you may also be liable for damages.

3. Reputation Damage: Even if you win, the legal process may affect your personal and professional reputation.

Conclusion:

Though you might also be a victim, your downlines may still be able to sue you depending on your involvement and the representations you made to them. Legal complexities surrounding such cases necessitate immediate consultation with a lawyer for an appropriate defense strategy.