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	<title>Murto Nel Legal Case</title>
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	<description>The simple data about the Legal Case vs. Murto Nel</description>
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		<title>Introduction</title>
		<link>https://www.murtonel.com/introduction/</link>
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		<dc:creator><![CDATA[Current Utilities]]></dc:creator>
		<pubDate>Wed, 18 Nov 2015 01:54:55 +0000</pubDate>
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					<description><![CDATA[<p>This site is owned by Current Utilities, Inc. The purpose of this website is to provide to those that are asking or who may be interested, the entire public records of the court and labor cases regarding Roy Anderson and/or Murto Nel in the Philippines. The documents that will be posted on here are already part of the &#8230; <a href="https://www.murtonel.com/introduction/" class="more-link">Continue reading<span class="screen-reader-text"> "Introduction"</span></a></p>
<p>The post <a href="https://www.murtonel.com/introduction/">Introduction</a> appeared first on <a href="https://www.murtonel.com">Murto Nel Legal Case</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>This site is owned by Current Utilities, Inc.</p>
<p>The purpose of this website is to provide to those that are asking or who may be interested, the entire public records of the court and labor cases regarding Roy Anderson and/or Murto Nel in the Philippines. The documents that will be posted on here are already part of the public record of the Philippines, and anybody is legally able to go and get a copy of them from the Court in Olongapo (for the Civil and Criminal Cases) or in San Fernando, Pampanga (for the labor case). Murto Nel also uses the alias &#8220;Murdoch Nel&#8221; in the Philippines.</p>
<p>The interest that Current Utilities has in this dispute is because the dispute has resulted in certain clients of Current Utilities, Inc. to decide to withhold payments owing to Current Utilities due to various statements and claims made by the parties in these cases. Current Utilities hopes that the data on this site shall allow certain parties to make a more informed decision.</p>
<p>The civil case numbers are <strong>SEC CASE NO. 15-003</strong> <strong>and </strong><strong>SEC CASE NO. 15-006 and are being heard in the Third Judicial Region, Branch 72, Olongapo City.</strong></p>
<p>The<strong> </strong>criminal case<strong> NOS.159-16 &amp; 160-16 </strong><strong>are being heard in Branch 2 of Third Judicial Branch, Olongapo City.</strong></p>
<p>There are three other pending criminal complaints. Two are filed by Roy against Murto for Theft.  Those complaints are currently <strong>IS Nos. III-10-INV-15K-00198 and 00199.</strong> Murto Nel has filed a criminal complaint against Roy Anderson for Cybersquatting (due to Murto&#8217;s name appearing on this website) and for Libel for what is and has been said on this website. Those complaints are currently <strong>I.S. Nos. III-10-INV-16B-00103 &amp; 00104.</strong></p>
<p>Some ex-staff of My Cyberstaff, Inc. also filed a Labor Case against Murto Nel, Bas Derksen and My Cyberstaff, Inc. This case has concluded with the staff being awarded P584,100.00. <strong>The Labor Case is RAB-III-08-23099-15 and 09-23166-15</strong>. The Labor Case was heard in National Labor Relations Commission, Regional Arbitration Branch No. III, City of San Fernando, Pampanga. The labor case resulted in an award to the staff of over 580,000 pesos. To date, that amount has not been paid and a Writ of Execution was issued ordering the Sheriff to enforce payment.</p>
<p>This site will tie all the documents presented as evidence to the actual court documents for easy reference.</p>
<p>This site will not answer any questions or allow comments on this site. This site is for informational purposes only. However a link is hereby created to <a href="http://murtonel.net">murtonel.net</a> in the event that Murto wishes to purchase and create a website that responds to anything on this site. Additional link is created to <a href="http://royleonardanderson.com">royleonardanderson.com</a> which is likewise available to be purchased in the event Murto Nel wishes to create a site using that web address. Roy Anderson has given permission for Murto Nel to purchase and use the website royleonardanderson.com without retaliation providing the information posted on the site is without libel and does not contain false documents that are not labled as being false documents. If Murto posts any evidence that relates to anything in this case, this site will endeavor to create links to that evidence in the appropriate locations within this site.</p>
<p>Where documents contradict one another, we will place a link linking to the contradictory evidence so that the reader can decide for themselves whether the case was ruled fairly or not.</p>
<p>Roy and Murto met in China in 2013.</p>
<p>While in China, Roy decided to move to the Philippines to establish a call center for Current Utilities, Inc. and to begin a BPO company. He has invested over $50,000 in this business to date. When Murto was informed of Roy&#8217;s plans, he wished to come too.  Murto was given an offer that Roy would help him cover his costs in the Philippines and he could be the front man for the BPO company and would be given shares in the BPO company.</p>
<p>Murto has not invested one penny, not one red cent, not a single peso into this company. However he and his colleague Bas Derksen now claim majority ownership. They claim that Bas Derksen purchased 6500 shares in the company for 1,000,000 pesos (approximately $22,000.00) and gave a large number of those shares to Murto making them the majority owners. Murto further claims in his <strong>reply to counter-affidavit</strong> in his criminal complaint against Roy that the work that he did for the company was equivalent investment, &#8220;&#8230;<em><strong>nowhere do I claim to have invested money into the company. Instead, I invested substantial amounts of time and effort in exchange for my equity stake in the company. Respondent is free to believe that his capital contribution grants him a morally superior right to control the company, and that my time, my effort and my sacrifice are without value. I respectfully disagree</strong></em>&#8220;. Murto, in his filings with the court in <strong>SEC Case 15-003 </strong>claims to own 3,400 shares to Roy Anderson&#8217;s 1250 shares. The number of hours of work contributed by Murto to the company did not exceed the number of hours of work contributed by Roy Anderson and no agreement exists that was approved by the Board of Directors that allows Murto to claim that high number of shares for his work.</p>
<p>The basis of their claim to ownership of My Cyberstaff, Inc. is a document signed by Murto Nel as President and signed by Bastiaan Johannes Arnoldus Derksen as purchaser. They claim the document is evidence that Mr. Derksen purchased 6500 shares of My Cyberstaff, Inc. for PHP650,000.00. The document can be viewed <a href="https://www.murtonel.com/wp-content/uploads/2017/02/Murto-Bas-Share-sale-agreement.pdf">here</a>.</p>
<p>What is interesting is that the document is not notarized which is a common procedure in the Philippines for any corporate document. Further, page 3 of the document states that the total paid is PHP300,000.00. On the first page of the document states &#8220;Whereas, the corporation is a corporation who will sell 3000 shares of the issued and outstanding shares of the capital stock of the corporation, My Cyberstaff, Inc a Corporation duly incorporated in the Republisc of the Philippines, which Corporation has currently issued capital stock of 2500 shares of par value common stock at PHP 100 (each) and,</p>
<p>&#8220;Whereas the company will issue an additional 6500 shares inclusive of the above 3000 shares, and</p>
<p>&#8220;Whereas, the Purchaser desires to purchase said stock and the Corporation desires to sell said stock upon the terms and subject to the conditions hereinafter set forth&#8221;.</p>
<p>While the language is confusing, it appears from reading page 3 and page 1 that the shares supposedly sold were 3000 shares at a par value of PHP100.00 for a total sales price of PHP300,000.00. This belies their claim that Bas Derksen purchased 6500 shares. Under Philippine law, to sell shares in a company the Board must first approve the sale and issue a Board Resolution of such approval, then the shares must be offered to existing shareholders first, then the share sale agreement must be signed, then the Bureau of Internal Revenue must be paid and they must issue a receipt of payment, then the Corporate Secretary shall enter the sale into the Share Registry and cause a share certificate to be issued.  None of these steps happened.</p>
<p>Murto and Bas Derksen have recently started a new company in Subic Bay Freeport Zone named Utilstaff, Inc. Their website is<a href="http://www.utilstaff.com"> www.utilstaff.com</a>.</p>
<p>Murto launched a civil lawsuit against Roy asking the courts to award him control of Roy&#8217;s USA company assets and for the courts to forbid Roy from continuing to claim to be of any authority in the Philippine Company.</p>
<p>Roy launched a civil lawsuit against Murto and his colleagues requesting the courts to nullify the shares that they claim to own and to prevent Murto from continuing to operate as though he is the current President of the company. Roy also launched two criminal complaints against Murto one for theft for taking possession of and moving all the company assets and the second for theft for taking all Roy&#8217;s own personal assets (chairs, computers, etc.) which Roy paid for and locking them up away from Roy.</p>
<p>The previous corporate secretary, Jessabel Balutan, filed a criminal complaint for forging the signature of the company secretary which enabled him to open a bank account in the company name with him as the only signatory, into which thousands of dollars have gone. Murto has provided accounting for those monies, however, the accounting that was provided was devoid of actual bank statements or cancelled checks to allow anyone to verify the accounting.</p>
<p>Murto Nel has filed a criminal complaint against Roy claiming Roy to be the owner of this website and claiming that the contents of this website constitute libel.</p>
<p>Needless to say, no company can survive where the company has two competing people claiming to own or operate the company and so the company (My Cyberstaff, Inc.) is now sitting in limbo.</p>
<p>Recent events are that the Labor Department issued a writ of execution based on the award given to the staff who sued Murto and Bastiaan Johannes Arnoldus Derksen and MCS. Since the staff were still not paid a Notice of Levy was issued seizing the supposed shares in MCS of Murto and Bas Derksen of My Cyberstaff and of their new company, Utilstaff, Inc.</p>
<p>On December 16, 2016, the shares of Murto Nel and Bastiaan Johannes Arnoldus Derksen of both My Cyberstaff, Inc., and Utilstaff, Inc. were officially transferred over to several of the staff that Murto and Bas had fired from My Cyberstaff, Inc.  The PDF of that Certificate of Sheriff&#8217;s Sale is number 5 in the PDF list.</p>
<p>The staff, after ensuring all legal regulations were properly followed, and after informing the landlord that they wouldbe changing the locks to the premises of Utilstaff, Inc. entered into the premises and changed the locks.</p>
<p>On December 19,2016 at approximately 10.30 PM, the new owners of Utilstaff, Inc. accompanied by Roy Anderson entered into the premises. At approximately 11.00 PM, Mr. Nel arrived, drunk and proceeded to attempt to smash down the door of Utilstaff, Inc. offices while hurling insults at Roy Anderson and threatening violence. This was captured on <a href="https://www.murtonel.com/murto-nel-attempted-breakin/">video</a>. https://www.murtonel.com/murto-nel-attempted-breakin/.</p>
<p>On the 22nd of December, an Arrest Warrant was issued for Murto Nel, Bastiaan Johannes Arnoldus Derksen and Quinton Ellick, the owner of Ellick BPO Solutions for Qualified theft. The Warrant stipulated &#8220;No Bail&#8221;. Murto Nel and Bastiaan Johannes Arnoldus Derksen were unable to be located on that day. This was for the theft of the office property (desks, chairs, computers, routers, refrigerator, microwave, ladder, tools, etc.). Mr. Ellick has stated that he only offered to store the property at the request of Mr. Nel and should be excluded from the case. However, despite several requests, the property has still not been returned by Mr. Ellick.</p>
<p>Confirmation was received that Mr. Derksen has left the country. No confirmation has been received as to whether Mr. Nel has left the country. Mr. Ellick was arrested on the 6th of January, 2017 and remains in jail awaiting arraignment. The attorney for the accused has presented motions to have the Warrants dismissed and the case sent back for review. Hearings are scheduled on the 10th of January, 2017 and the 1st of February, 2017.</p>
<p>On the Securities and Exchange Commission Case (SEC 15-003) filed by Murto Nel against me, the Judge dismissed their case February 7th, 2017 completely. Murto Nel has lost that case. The minutes from the last court hearing are available <a href="https://www.murtonel.com/wp-content/uploads/bsk-pdf-manager/15-003_dismissal_7.pdf">here</a>. The final judgement is available to be viewed <a href="https://www.murtonel.com/wp-content/uploads/bsk-pdf-manager/SEC15-003_dismissal_8.pdf">here</a>.</p>
<p>On February 20, 2017, the Presiding Judge over the Theft case filed against Murto Nel,  Bastiaan Johannes Arnoldus Derksen and Quinton Ellick issued a &#8220;hold departure order&#8221; instructing the Philippine Bureau of Immigration and Deportation and the Department of Foreign Affairs to prevent them from leaving the country.  This order can be viewed <a href="https://www.murtonel.com/wp-content/uploads/2015/11/Resolution-hold-departure-order.pdf">here</a>.</p>
<p>It has always been the contention of Current Utilities, Inc. that the entire reason that Murto Nel and Bas Derksen attempted the takeover of My Cyberstaff, Inc. was to lay claim to the residual income of Current Utilities, Inc. Most of that residual income was coming from Tara Energy, LLC., a company owned by Just Energy, Inc.</p>
<p>Tara Energy has used the dispute as a reason to not pay those residual incomes to anyone. Recently, Shawna Dixon of Tara Energy sent a letter addressed to both parties saying that they wished to pay the residual income and that they would pay the party that proved that they were the legitimate owners.</p>
<p>Despite the ownership question already having being settled without possibility of further contention, and despite the fact that documents that were notarized, signed by judges, red-ribbon certified by the Department of Foreign Affairs of the Philippines, and a letter from the executive branch of the SBMA all being sent to Tara Energy, in complete compliance to their demands for evidence of ownership, all it apparently took was Bas making a completely false claim that he still had &#8220;ongoing legal cases&#8221; against the rightful owners of My Cyberstaff, Inc. for Tara to then continue to deny payment.</p>
<p>Shawna Dixon sent the following in an email to Roy Anderson:</p>
<p>&#8220;Both Roy and Bas have stated that each has a case (or cases) against the each other in the Court of Olongapo claiming ownership of shares of MyCyberStaff.  As stated in my January 18, 2017 letter, Tara Energy wishes to pay the commissions owed under the assignment agreement between Current Utilities and My CyberStaff dated October 1, 2014 and terminated May 19, 2015.  These commissions are being held at the request of My CyberStaff, pending settlement of a dispute of ownership of My CyberStaff&#8221;.</p>
<p>Of course, My Cyberstaff, Inc. according to judges, the Philippines SEC (Security and Exchange Commission) and the SBMA are clearly majority owned by Roy Anderson and the evidence from said judges, SBMA and the SEC were all &#8220;red-ribbon&#8221; certified by the Philippine Department of Foreign Affairs and sent to Shawna Dixon and Cori Novy (the company in-house counsel), but apparently Mr. Derksen&#8217;s claim without possible evidence is more conclusive to them than certified documents and the words of the SBMA, the SEC and the Judges involved.</p>
<p>Consequently, a criminal charge was filed against Bas Derksen, Murto Nel, Shawna Dixon of Tara Energy and Cori Novy of Tara Energy for the conspiracy to not pay the owed residual income. Current Utilities, Inc. and My Cyberstaff, Inc. claim that it is clear that Tara is in collusion with Murto Nel  and Bas Derksen.</p>
<p>Immediately after Tara once again refused to pay despite clear evidence of ownership as per their request, an email was sent by Bas Derksen to Roy Anderson making an offer that if Roy Anderson dropped all legal cases against Murto Nel and Bas Derksen, that he (Bas) would instruct Tara to pay the owed residuals. The exact quote being</p>
<p>&#8220;We agree to let you have the outstanding amount from Tara Energy and will inform them of that decision <span style="text-decoration: underline;">once you cancel all court cases and related warrants (we will cancel ours), release Mr. Ellick and delete all bad postings from all media</span>&#8220;. (emphasis is theirs)</p>
<p class="xmsonormal">It is unclear what &#8220;bad postings&#8221; Mr. Derksen refers to except perhaps this website.</p>
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<p>The post <a href="https://www.murtonel.com/introduction/">Introduction</a> appeared first on <a href="https://www.murtonel.com">Murto Nel Legal Case</a>.</p>
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