Crime in japan – Const Japan http://const-japan.com/ Tue, 27 Sep 2022 23:26:15 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://const-japan.com/wp-content/uploads/2021/07/icon-2021-07-05T131502.299-150x150.png Crime in japan – Const Japan http://const-japan.com/ 32 32 Russia says it won annexation vote that US calls a sham https://const-japan.com/russia-says-it-won-annexation-vote-that-us-calls-a-sham/ Tue, 27 Sep 2022 23:26:15 +0000 https://const-japan.com/russia-says-it-won-annexation-vote-that-us-calls-a-sham/ In referendums in four Russian-occupied provinces of Ukraine, conducted under Russian electoral supervision and often with armed Russian officials canvassing for votes, the winner on Tuesday was — unsurprisingly — Russia. Moscow said residents of those four regions in eastern and southern Ukraine voted overwhelmingly to join Russia in an election decried as a sham […]]]>

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UN warns of growing criminal threat from Mekong region casinos and SEZs https://const-japan.com/un-warns-of-growing-criminal-threat-from-mekong-region-casinos-and-sezs/ Sun, 25 Sep 2022 13:44:17 +0000 https://const-japan.com/un-warns-of-growing-criminal-threat-from-mekong-region-casinos-and-sezs/ Bangkok— The unchecked growth of commercial enclaves and freewheeling casinos in and around Laos opens up new money laundering and drug trafficking options for criminal networks using the country to push increasing volumes of narcotics across the country. Asia, warn the United Nations. As China and Thailand tighten their borders with Myanmar, the United Nations […]]]>

The unchecked growth of commercial enclaves and freewheeling casinos in and around Laos opens up new money laundering and drug trafficking options for criminal networks using the country to push increasing volumes of narcotics across the country. Asia, warn the United Nations.

As China and Thailand tighten their borders with Myanmar, the United Nations Office on Drugs and Crime says transnational gangs based in the lawless corners of eastern Myanmar are increasingly smuggling methamphetamine to through Laos.

In recent conversations with VOA, UNODC said that special economic zones – with relaxed regulations to attract foreign investors – and the casinos that often anchor them have also become major hubs for trafficking and money laundering. for the criminal networks that inhabit the Mekong countries of Southeast Asia.

The agency has over 140 casinos and 128 special economic zones across the region. Few raise more alarm than the Golden Triangle Special Economic Zone, which takes its name from the crime-ridden border regions where Laos, Myanmar and Thailand meet. The 10,000 hectare strip in northwest Laos is effectively run by Chinese national Zhao Wei, who owns his central Kings Romans casino.

FILE – Roman-like statues of gods are seen outside the Kings Romans casino. (Daniel Scharf/VOA)

“There are many SEZs and autonomous territories with security and crime issues scattered across the Mekong, but the GT SEZ is one of the most prolific and notorious, and Zhao Wei and his group are clearly very well funded and capable. to move money despite the sanctions,” Jeremy Douglas, the UNODC regional representative, told VOA.

The US Treasury Department sanctioned Zhao and his companies in 2018, placing him at the heart of a transnational criminal network laundering money across the economic zone for Myanmar drug lords while trafficking everything, narcotics to people and wildlife.

VOA could not reach Zhao, but he called the allegations unsubstantiated in past media interviews. Neither the Golden Triangle area nor a Lao government spokesperson responded to VOA’s requests for comment.

With Zhao’s business empire still expanding, and other gambling and economic zone projects across Laos underway, UNODC is concerned that the small landlocked country’s role in trafficking and money laundering of money in the region is growing.

Empire building

Undaunted by the sanctions, Zhao’s Dok Ngiew Kham Group is pushing ahead with the construction of an international airport just east of the Golden Triangle area in a joint venture with the Lao government. A $50 million port under construction north of the area will serve cargo ships sailing the Mekong to and from China, courtesy of Osiano Trading, a company other than a local government official told Radio Free Asia in 2020 and that Zhao owns.

Osiano is also developing what he calls on a subsidiary’s website a billion-dollar “cultural park” on the outskirts of Laos’ capital, Vientiane, including a folk village, rides and, reportedly, there, play facilities. Zhao and his team have also made public their visits to northeast and southern Loas over the past few years in search of land for other development projects. Going by the name Chio Wai, an alias listed by the US Treasury Department, Zhao is even named co-director of a recently approved resort project in Cambodia, which granted him citizenship in 2018, according to a royal decree seen by VOA. .

UNODC suspects that much of the Golden Triangle area was developed on laundered drug profits, and says Zhao’s expansion plans there and elsewhere offer new opportunities for laundering. any further. He fears the port and warehouses he is building in the north of the area, just across the Mekong from Myanmar, will also prove ideal for storing and trafficking more of the drugs. which crosses Southeast Asia and goes as far as Australia and Japan.

FILE - A sign in the Thai village of Sop Ruak on the Mekong River in the Golden Triangle region where the borders of Thailand, Laos and Myanmar meet, January 14, 2012.

FILE – A sign in the Thai village of Sop Ruak on the Mekong River in the Golden Triangle region where the borders of Thailand, Laos and Myanmar meet, January 14, 2012.

Others are also worried. Khemmarin Hassiri, who commands the Foreign Affairs Division of the Royal Thai Police, said Thailand also believes the growth of special economic zones and casino towns on its borders with Laos and Myanmar could mean more crime. . Much of the methamphetamine flowing from its neighbors ends up in or passes through Thailand.

“If there is something to facilitate illegal activities, especially for drug trafficking, we will put that on our agenda,” he told VOA.

“These are very well-known areas for drug trafficking in the past,” he said of the border regions and their economic zones. “But right now they have everything – they have drugs, they have human trafficking, they have…communication fraud, they have online gambling.”

Frontier region casinos have been attracting gamblers for decades, mostly from China, where gambling is mostly banned. Border closures and travel restrictions that followed the COVID-19 outbreak, however, caused their foot traffic to plummet, sparking a surge of online gambling sites to compensate.

Khemmarin said the number of online sites targeting Thais inside and outside the country has more than doubled since the start of the pandemic. UNODC says the number of sites in Thailand alone, where most gambling is also banned, rose from 240 to 558 between 2019 and 2021.

FILE - The Blue Shield casino operated by Kings Romans Group sits in the Golden Triangle Special Economic Zone on the banks of the Mekong River in Laos near the Laos-Myanmar-Thailand border, March 2, 2016.

FILE – The Blue Shield casino operated by Kings Romans Group sits in the Golden Triangle Special Economic Zone on the banks of the Mekong River in Laos near the Laos-Myanmar-Thailand border, March 2, 2016.

Go digital

The UN and Thai police both say it also opens the door to more criminal activity.

“Casinos are great for moving and hiding money, and even better if they’re both a traditional casino that regular players and VIPs go to as well as online,” Douglas said. “They are well known for moving unaccounted money, and online they can work with anonymous payment systems and cryptocurrencies, and together they have the ability to mix and legitimize money incredibly quickly. .”

Reports over the past month that the Lao government has granted a private company, the Laos Offshore Gaming Authority, the authority to begin licensing online gambling sites in Laos have heightened those fears. As Lao citizens are banned from gambling in Laos, sites will target foreign customers.

Khemmarin said the company “would pose a threat to the Thai people”, that the Thai government was “very concerned” about it and would soon raise the issue with Laos.

Casino towns in the Mekong region have also turned into hotbeds of human trafficking, with criminal networks luring or smuggling young men and women across borders on the promise of well-paying gambling jobs, then imprisoning them in prison-like complexes to run online scams targeting other countries.

Cambodia has become the latest epicenter of these projects. However, with the country now cracking down on its own online casinos, UNODC says their operators may start moving to Laos.

FILE - A Chinese restaurant, hotel and casino are seen in Preah Sihanoukville province, Cambodia September 27, 2017.

FILE – A Chinese restaurant, hotel and casino are seen in Preah Sihanoukville province, Cambodia September 27, 2017.

Yosson Ruangsunngamsiri, a human trafficking officer at Thailand’s Department of Special Investigations, which deals with transnational crime, told VOA he has already seen an increase in the trafficking of Thais to Laos. The Thai government issued a public notice in March urging citizens not to accept irregular work in the Golden Triangle area in particular. Khemmarin said Thai authorities are actively investigating a property inside the area suspected of trafficking Thais into the area for online scams and sending the profits to Myanmar.

UNODC urges governments to pay more attention to the growing criminal activity swirling around their countries’ casinos and special economic zones, and to develop new plans and pass tougher laws to tackle the problem.

“Governments and the region have only recently started discussing this with us and this is only the beginning, but they need to take it more seriously and be candid with each other quickly,” Douglas said.

“But in addition to acknowledging that they need to do something about casino risk and organized crime, the region needs to step up and take real action to tackle the known criminals who are involved – essentially cleaning up the industry before it doesn’t do any more damage.”

]]> Well Go USA Acquires Japanese Thriller – The Hollywood Reporter https://const-japan.com/well-go-usa-acquires-japanese-thriller-the-hollywood-reporter/ Fri, 23 Sep 2022 07:44:03 +0000 https://const-japan.com/well-go-usa-acquires-japanese-thriller-the-hollywood-reporter/ Well Go USA has acquired all North American rights to Japanese director Kensuke Sonomura’s hard-hitting crime thriller Bad city. A sequel to the genre director’s murder thriller Hydra since last year, bad city will be screened at Fantastic Fest in Austin on Friday, followed by a competition slot in Sitges in October. Well Go will […]]]>

Well Go USA has acquired all North American rights to Japanese director Kensuke Sonomura’s hard-hitting crime thriller Bad city.

A sequel to the genre director’s murder thriller Hydra since last year, bad city will be screened at Fantastic Fest in Austin on Friday, followed by a competition slot in Sitges in October.

Well Go will first stream the film on its specialized martial arts streamer Hi-YAH! like a Hi-YAH! Original, followed by a theatrical release and wider VOD release later this year.

The film is set in Kaiko City, a place torn by rampant corruption and violence between a private conglomerate, the yakuza, and even the authorities. But after a mob-linked businessman runs for mayor and begins systematically eliminating his opponents, a former police captain imprisoned for murder is freed in a last-ditch desperate effort to bring down the corrupt tycoon.

bad city stars Hitoshi Ozawa (Gozu; Dead or alive; Shoot, darling), Hideto Katsuya (Kamen Rider W, Kamen Rider Zero-One), Masanori Mimoto (Hydra, baby assassins, enter the big dragon), Akane Sakanoué (Ultraman X, your eyes say it), Masaya Kato (Godzilla, brother, fighting in the wind), Yoshiyuki Yamaguchi (Kamen Rider Kabuto, Bushido man) and Lily Franky (Shoplifters, Yakuza Apocalypse).

Well Go is known for its steady North American release of edgy action titles from across Asia, with semi-recent titles including the Korean zombie sequel Peninsulafrom Hong Kong Better days or from Japan First love by Takashi Mike.

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Tokyo man tells police he used fake pin to enter parliament building https://const-japan.com/tokyo-man-tells-police-he-used-fake-pin-to-enter-parliament-building/ Wed, 21 Sep 2022 06:51:05 +0000 https://const-japan.com/tokyo-man-tells-police-he-used-fake-pin-to-enter-parliament-building/ A 22-year-old man, who was re-arrested on Tuesday on suspicion of breaking into a government building where the Health Ministry is located using a fake Diet member’s pin, has told police he had entered other ministry buildings and the Diet, which houses the nation. Parliament, investigative sources said. Kanato Fujimoto of Tokyo’s Shinagawa district was […]]]>

A 22-year-old man, who was re-arrested on Tuesday on suspicion of breaking into a government building where the Health Ministry is located using a fake Diet member’s pin, has told police he had entered other ministry buildings and the Diet, which houses the nation. Parliament, investigative sources said.

Kanato Fujimoto of Tokyo’s Shinagawa district was arrested last month and then charged with entering the Foreign Ministry on August 24 with the pin on his suit. Police said he admitted to the allegation, saying he “wanted to feel like someone in a high position”.

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Sar Kheng to chair ASEAN meeting on cross-border crime https://const-japan.com/sar-kheng-to-chair-asean-meeting-on-cross-border-crime/ Mon, 19 Sep 2022 13:42:37 +0000 https://const-japan.com/sar-kheng-to-chair-asean-meeting-on-cross-border-crime/ Deputy Prime Minister and Interior Minister Sar Kheng speaks during a meeting at his ministry on September 19. Sar Kheng via Facebook Interior Minister Sar Kheng is due to hold the 16th ASEAN Ministerial Meeting on Transnational Crime (AMMTC) and related meetings virtually on Sept. 21-22. “We will discuss work programs and action plans that […]]]>

Deputy Prime Minister and Interior Minister Sar Kheng speaks during a meeting at his ministry on September 19. Sar Kheng via Facebook

Interior Minister Sar Kheng is due to hold the 16th ASEAN Ministerial Meeting on Transnational Crime (AMMTC) and related meetings virtually on Sept. 21-22.

“We will discuss work programs and action plans that have been established in the past to set the direction for further implementation,” the Interior Ministry announced on September 19.

The ASEAN Ministers’ Meeting is a forum to exchange views and share updates on regional and global trends in transnational crime, the ministry said.

Particular attention is paid to the 10 types of crime defined in the ASEAN Cooperation Framework – arms smuggling, terrorism, money laundering, piracy, trafficking and trafficking in human beings, international economic crimes, cybercrime, trafficking drugs and illegal trade in wildlife and timber.

The ministry will also chair the 12th ASEAN Plus Three Consultation – China, Japan, South Korea – Ministerial Meeting on Transnational Crime (AMMTC+3).

Meanwhile, the International Organization for Migration (IOM) and the National Committee to Combat Trafficking (NCCT) co-hosted a workshop on September 14.

It was organized to receive comments and input from key ministries and relevant NGOs to establish standard procedures and mechanisms at the national level for the referral of victims of human trafficking and vulnerable immigrants.

“Human trafficking is a form of modern slavery – a serious crime that has long-lasting negative effects on victims and on entire nations,” said Kristin Parco, Chief of Mission for the International Organization for Human Rights. migrations.

Cambodia hosted the 22nd ASEAN Senior Officials Meeting on Transnational Crime (SOMTC) and related meetings for three days from July 19-21 via video conference.

The SOMTC was a forum for senior officials from ASEAN member states to discuss work programs and review past action plans to set the direction for new initiatives.

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Shinzo Abe’s killer Tetsuya Yamagami is revered as a ‘god’ in Japan https://const-japan.com/shinzo-abes-killer-tetsuya-yamagami-is-revered-as-a-god-in-japan/ Sat, 17 Sep 2022 07:18:18 +0000 https://const-japan.com/shinzo-abes-killer-tetsuya-yamagami-is-revered-as-a-god-in-japan/ TOKYO—Few people would have imagined that when former Japanese Prime Minister Shinzo Abe was assassinated in public with a handmade shotgun, the man who killed him would be seen as some kind of folk hero by adoring fans across the country. This month, the cover of the Japanese weekly SPA! was a feature film about […]]]>

TOKYO—Few people would have imagined that when former Japanese Prime Minister Shinzo Abe was assassinated in public with a handmade shotgun, the man who killed him would be seen as some kind of folk hero by adoring fans across the country.

This month, the cover of the Japanese weekly SPA! was a feature film about hero worship for Tetsuya Yamagami, the 42-year-old man who shot Abe on July 8. Money, gifts and food were sent to him in jail by supporters across the country. There’s even an online petition asking for a reduced sentence for Yamagami that has garnered thousands of signatures.

The eight-page article in SPA! on the Cult of Yamagami is a magnum opus on the convoluted factors that played into the elevation of the assassin from “terrorist” to “noble vigilante” by some Japanese nationals.

The headline in garish gold letters goes nowhere: “The Man Who Attacked Abe, [Tetsuya] Yamagami is now revered. This lower-class god of Japan evokes sympathy—[from those who have also known] poverty, religion, loneliness, [and had] poisonous parents.

After the former prime minister’s death, Yamagami claimed his real intention was to draw attention to the deep ties between Abe’s Liberal Democratic Party (LDP) and the Unification Church, a sect South Korean Christian. It seems he’s been wildly successful. There is a storm of anger enveloping the sect and the legislators who have huddled against them. Every day, LDP politicians, including the current Japanese Prime Minister, are singled out by the media for their alleged servitude to the Church.

Meanwhile, Prime Minister Fumio Kishida has seen his support rate drop to 36% since the shooting, while support for Yamagami appears to be on the rise.

At its height, the Unification Church sucked so much money from Japanese worshipers and their families that many went bankrupt. In the 90s, there was even an attempt to investigate the organization for systematic fraudulent activities and extortion. The group has been accused of using political influence to evade raids and arrests. Yamagami was reportedly one of many who grew up in Unification Church households that were pushed into poverty by the organization’s monetary demands.

The petition calling for Yamagami’s sentence to be reduced was launched a week after Abe’s assassination. The individual who started the petition has avoided the limelight, but what we do know is that she is a woman in her 50s and identifies as ‘second generation’ of the Unification Church, just like Yamagami.

The petition now has over 8,000 signatures. The person who allegedly started the petition on the site says she has “warm feelings for Yamagami in light of his harsh upbringing”, and that “he is a very serious, hardworking person who has room for rehabilitation. We ask that you give a generous view to Tetsuya Yamagami, who has lived under these circumstances for as long as he can remember.

Tetsuya Yamagami, the man charged with the murder of former Japanese Prime Minister Shinzo Abe.

Photo by Jiji Press/Getty Images

In the comments section, many passionately defend Yamagami and praise him for drawing attention to allegations of collusion between the cult and the ruling party. “Thanks to Yamagami, the darkness of this land has been brought to light,” one user wrote. “If the media had done their job and exposed the Unification Church [and its political ties] he never would have had to make that decision,” reads another comment.

Part of the reason Yamagami continues to grow in popularity may have to do with Shinzo Abe and the LDP’s exploitation of anti-Korean sentiment to solidify power. Revelations that the LDP and Abe used a South Korea-based sect to win the election have sparked xenophobic anger and cries of hypocrisy.

Japanese Prime Minister Shinzo Abe in 2016.

Photo by Kent Nishimura/Getty Images

Technically, Yamagami could face the death penalty for assassinating the former prime minister. In practice, the unwritten rule is that an assailant must kill two or more people before being given the death penalty. Recently, Tomohiro Kato, who killed seven people during a rampage in Akihabara in 2008, was executed after 14 years on death row. This was the second execution carried out under the Kishida cabinet.

Journalist Tamaki Kawasaki was one of the first to popularize the term “Yamagami Girls” in her article, “The Sensation Caused by the Emergence of Love-Struck Yamagami Girls”, published two weeks after Abe’s assassination. In an interview with The Daily Beast, Kawasaki rolls her eyes at the mention of the phrase.

“To a certain extent, there are always people who are infatuated with individuals who commit murder or some crime. The stubborn think that only they can understand the outlaw. So they marry on paper with criminals in prison. The Yamagami Girls represent the same thing,” says Kawasaki. “But there are also many other reasons why he has won public sympathy as well. His actions are by no means excusable, but he has struck a chord of admiration for semi-suicidal vigilantes in Japanese culture.

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Sega Explains Why It’s Ditching the ‘Yakuza’ Brand https://const-japan.com/sega-explains-why-its-ditching-the-yakuza-brand/ Thu, 15 Sep 2022 14:44:37 +0000 https://const-japan.com/sega-explains-why-its-ditching-the-yakuza-brand/ Yakuzathe popular crime drama series from developer Ryū ga Gotoku Studio, is getting a new name in Western markets and will henceforth be known as Like a dragon. READ MORE: Japan-based RPGs are, frankly, the best JRPGs In an interview with Digital trendsa Sega of America representative explained that the rebranding was intended to maintain […]]]>

Yakuzathe popular crime drama series from developer Ryū ga Gotoku Studio, is getting a new name in Western markets and will henceforth be known as Like a dragon.

  • READ MORE: Japan-based RPGs are, frankly, the best JRPGs

In an interview with Digital trendsa Sega of America representative explained that the rebranding was intended to maintain parity between Western and Japanese releases.

“I can confirm that the series will be known as”like a dragon“Moving forward to more closely align with the Japanese name,” the rep said.

In Japan, the franchise’s home country, the series has always been known as Ryū ga Gotoku since its inception in 2005, and takes the name of its developer, Ryū ga Gotoku Studio. Whereas ‘Ryū ga Gotoku‘ Is translated by ‘like a dragon‘ in English, Sega chose to rename the series when it made its Western debut in 2006 – and so Yakuza was born.

Yakuza: Like a dragon. Credit: Sega

The name change makes sense for several reasons. Firstly, since the series has in recent years begun to steer away from Yakuza activities, which means the name doesn’t quite make sense for the franchise anymore. Additionally, with the series becoming increasingly popular in the West, it seems like a good idea to have a unique brand image for a series with a growing global market.

The like a dragon the brand first appeared in the West with the release in 2020 of Yakuza: like a dragon, the seventh mainline entry in the series which introduced a new protagonist and combat system to the franchise. Since this title offered a whole new face and approach to the gaming world, it seems that Sega and Ryū ga Gotoku Studio are using it as an opportunity to leave the Yakuza mark behind.

Three like a dragon titles are currently in the works at studio Ryū ga Gotoku, including the 8th installment of the main series, a new spin-off title following the adventures of former series protagonist Kazuma Kiryu, as well as the much-requested remake of Like a Dragon: Ishinfirst released in Japan in 2014 but never released in the West.

In other gaming news, Death Loop is coming to Xbox and PC Game Pass next week.

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Ambassadors Emanuel and Baucus Discuss U.S. Relations with China and Japan at Event in Bozeman | Policy https://const-japan.com/ambassadors-emanuel-and-baucus-discuss-u-s-relations-with-china-and-japan-at-event-in-bozeman-policy/ Tue, 13 Sep 2022 22:00:00 +0000 https://const-japan.com/ambassadors-emanuel-and-baucus-discuss-u-s-relations-with-china-and-japan-at-event-in-bozeman-policy/ Country the United States of AmericaUS Virgin IslandsU.S. Minor Outlying IslandsCanadaMexico, United Mexican StatesBahamas, Commonwealth ofCuba, Republic ofDominican RepublicHaiti, Republic ofJamaicaAfghanistanAlbania, People’s Socialist Republic ofAlgeria, People’s Democratic Republic ofAmerican SamoaAndorra, Principality ofAngola, Republic ofAnguillaAntarctica (the territory south of 60 degrees S)Antigua and BarbudaArgentina, Argentine RepublicArmeniaArubaAustralia, Commonwealth ofAustria, Republic ofAzerbaijan, Republic ofBahrain, Kingdom ofBangladesh, People’s Republic […]]]>

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Challenges for Japanese Companies when Responding to Overseas Regulatory Investigations – Commentary https://const-japan.com/challenges-for-japanese-companies-when-responding-to-overseas-regulatory-investigations-commentary/ Sun, 11 Sep 2022 23:13:48 +0000 https://const-japan.com/challenges-for-japanese-companies-when-responding-to-overseas-regulatory-investigations-commentary/ InvestigationsIncreased regulatory riskCauses and MitigationComment Japanese companies’ focus on perceived customer satisfaction can be used to justify non-compliance with laws and regulations. Understanding the focus on customers may explain – to some extent – ​​why some of these companies are struggling to change the kind of practices that have led to damaging corporate scandals. Investigations […]]]>

Investigations
Increased regulatory risk
Causes and Mitigation
Comment

Japanese companies’ focus on perceived customer satisfaction can be used to justify non-compliance with laws and regulations. Understanding the focus on customers may explain – to some extent – ​​why some of these companies are struggling to change the kind of practices that have led to damaging corporate scandals.

Investigations

When lawyers are assigned to investigate a corporate scandal in Japan, they usually conduct interviews with employees. During these interviews, employees report that complying with laws and regulations is costly: it takes time and is expensive. For example, Japanese manufacturing companies supplying goods to the US or Europe should invest in legal and compliance departments that have the ability to understand US or EU laws and regulations (or hire an outside attorney who has that expertise). ), then ensure that their colleagues are aware of and understand the relevant laws and regulations that affect them. This process takes time. Trying to comply with laws and regulations can lead to delays in production schedules if compliance issues are not funded appropriately and thought through well in advance.

Delays in agreed production schedules can cause companies to lose market share to competitors. Employees of Japanese companies are usually acutely aware of the inconvenience to customers, who expect a product to be delivered on a certain schedule or to perform in a certain way. Although the Japanese emphasis on customer service is generally commendable, the fear of causing inconvenience to customers can sometimes lead to non-compliance with contractual specifications or even laws and regulations. This non-compliance is of course not disclosed to customers or regulators. A company or its employees may then use the lack of a customer complaint that the product is “faulty” as an excuse to justify their behavior, even if the customer is unaware of the fault.

There seems to be a widespread view among employees of various Japanese companies that if a product has no safety issues, that excuses non-compliance with contractual specifications or laws and regulations. The excuse that a particular instance of non-compliance did not cause harm is often used, such as “We are not Takata”,(1) but that seems to miss the fact that there are less severe issues than Takata faced before its bankruptcy that may trigger regulatory intervention.

Increased regulatory risk

Sometimes historical misconduct is exactly that: historical. This is a one-time case caused by a peripheral event or a bad actor confined to the past. However, regulatory non-compliance due to a misguided focus on not inconveniencing the customer can often be a pervasive and ingrained part of corporate culture, not just a one-time event that happened in the past. . This makes stopping much more difficult, and even where historical issues have been identified, there is no guarantee that the misconduct will stop. If acting in this way is indeed part of a company’s culture, there is an increased risk that similar behavior will continue to occur even once the company begins to engage with regulators about historical misconduct. . This creates significant additional legal risk.

One of the prerequisites for reducing fines and creating a more favorable enforcement outcome is to ensure that the underlying behavior that led to the investigation has ceased, even if it leads to difficult discussions with customers (for example, the inability to fulfill order requirements until the product is redesigned). If the misconduct continues after it is discovered, regulators are more likely to take aggressive action against the business, and customers may drop out of the business and not return.

Causes and Mitigation

There are several reasons that lead to non-compliance in order to meet what Japanese companies perceive to be customer expectations (it is important to emphasize that this is indeed a perception, as customers generally do not wish to receive non-compliant products when they have contracted for products that comply with regulatory standards).

The first reason is the lack of a clear “top tone”. If the company’s senior management makes all employees aware that compliance with laws and regulations is the cornerstone or foundation of a successful business, others within the organization are more likely to focus on that and adhere to it.

The second reason is insufficient legal training and staff compliance. Regulations in some industries can be complex and difficult to understand – this is where staff legal and compliance training comes in. Everyone in the organization needs proper training on the relevant laws and regulations to protect the company, especially frontline employees, whose decisions determine whether laws and regulations are ultimately complied with. Corporate legal and compliance departments have an important role to play in this regard, but sometimes they will need the assistance of outside counsel. For example, it can be very helpful to have an outside lawyer conduct a company-wide risk assessment to determine:

  • what risks does the company face;
  • what risks it mitigates well; and
  • which areas need further development.

Finally, some Japanese companies use “paper” whistleblower systems (that is, their misconduct reporting systems only exist on paper). These systems often don’t work effectively in the real world because almost all employees cannot afford to report colleagues – especially more senior colleagues – who are at fault. Although not as critical as the first two points, it is clearly something that needs to change.

Comment

There is a certain irony in thinking that failure to comply with laws and regulations will benefit customers – it is in fact the opposite. Customers will not be happy to see their products recalled because they do not meet the required legal standards that they were required to meet. Not only will this cause enormous inconvenience to customers, but it will also lead to regulatory scrutiny which, in turn, can result in hefty fines and even criminal prosecution.

For more information on this subject, please contact Ayumi Fukuhara or John Lane at Nagashima Ohno & Tsunematsu by telephone (+81 3 6889 7000) or by e-mail (a[email protected] Where [email protected]). The Nagashima Ohno & Tsunematsu website can be accessed at www.noandt.com.

Endnotes

(1) Takata Corporation was a Japanese auto parts supplier that manufactured airbags with faulty inflators. The airbags would rupture and send debris into the passenger compartments of the vehicles. This resulted in a number of injuries and deaths. Takata filed for bankruptcy in 2017.

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Prosecutors question former Games director Mori https://const-japan.com/prosecutors-question-former-games-director-mori/ Sat, 10 Sep 2022 08:15:00 +0000 https://const-japan.com/prosecutors-question-former-games-director-mori/ File photo of the Yomiuri ShimbunFormer Prime Minister Yoshiro Mori Jiji Press 5:15 p.m. JST, September 10, 2022 TOKYO (Jiji Press) — Tokyo prosecutors questioned Yoshiro Mori, former chairman of the Tokyo Olympics and Paralympics Organizing Committee, about the ongoing corruption scandal at the Tokyo Games, sources said Friday. The Tokyo District Procuratorate suspects that […]]]>
File photo of the Yomiuri Shimbun
Former Prime Minister Yoshiro Mori

TOKYO (Jiji Press) — Tokyo prosecutors questioned Yoshiro Mori, former chairman of the Tokyo Olympics and Paralympics Organizing Committee, about the ongoing corruption scandal at the Tokyo Games, sources said Friday.

The Tokyo District Procuratorate suspects that former committee executive Haruyuki Takahashi, at the center of the scandal, introduced Hironori Aoki, former chairman of clothing manufacturer Aoki Holdings Inc., to Mori during the Games sponsor selection process, the sources said.

During the interrogation, the special team of the prosecutor’s office apparently tried to confirm the details of what led Takahashi to introduce Aoki to Mori, the conversations between the three and the extent of Mori’s authority in as chairman of the organizing committee.

Takahashi, 78, created an opportunity to introduce Aoki, 83, to former Prime Minister Mori around summer 2017 during the sponsorship selection process, at the request of the former president, the sources said. The three met more than once thereafter.

Members of the organizing committee were treated as quasi-civil servants prohibited from receiving money or property in connection with their duties. The rules of procedure of the now defunct committee stipulated that its chairman represented the committee and carried out the operations.

Mori, who had been involved in Games-related matters since Tokyo was a candidate to be the host city, became the first chairman of the committee established in January 2014.

Takahashi, a former executive of advertising giant Dentsu Inc. and a prominent figure in the sports business community, joined the committee’s board in June of that year as the last of its 35 members.

Takahashi reportedly joined the board with support from other executives. The Task Force apparently questioned Mori about Takahashi’s appointment.

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