In Japan, the convenience store “baito” or part time job, is a rite of passage. Teenagers work at their neighborhood ‘conbini’ after school as a way of padding their allowances and college students work graveyard shifts to pay for living expenses. I did it, my friends did it. Most every Japanese person I know has worked at a conbini at one point or another. And in 2016, Sayaka Murata won the prestigious Akutagawa Literary Award with her autobiographical novel “Conbini Ningen,” in which the protagonist woman is addicted to her conbini job, to the point that she can’t think about anything else.
“I know it has a lot to do with the fact that I’m hyper sensitive but honestly, I feel that women shouldn’t have to deal with porn, especially in a convenience store. It’s sexual harassment.”
In case you think conbini work is boring and easy, let me tell you right now that the job calls for brains, guts and ace reflexes. For women, it’s often a test of mental endurance as well. A woman I know, in her late 30s, has been working the 9 to 7 shift at her local Family Mart for the past 5 years. She says the job is fine, except for one thing: she hates handling the porn magazines that comprise a “not insignificant chunk” of the store’s revenue. “I hate touching those things,” said this woman who has been diagnosed as an HSP. “I know it has a lot to do with the fact that I’m hyper sensitive but honestly, I feel that women shouldn’t have to deal with porn, especially in a convenience store. It’s sexual harassment.” Twenty-seven year old Reina, who quit an office job to work at a Seven Eleven run by her mother, says she feels “slightly sick” every time she has to ring up a porn mag for a male customer. “I’ve been at the job 3 years and I still can’t get used to it,” says Reina. “I don’t lose my cool or anything but I get really uncomfortable. I don’t talk to my mother about it but I call tell she knows how I feel.”
But Reina and thousands of conbini workers like her are about to get a break. In deference to the Tokyo Olympics and the expected soar in foreign tourists including families and minors, major convenience stores Seven Eleven and Lawson have announced the decision to abolish all porn magazines from their outlets by August 31st. The third member of the conbini triumvirate Family Mart, has announced that the company has “no intentions of following suit.” Bad news for my HSP friend (who wants to remain anonymous). At her place of work, the porn stays.
Reina says that the announcement gave her much “relief,” though there are some months to go before she’s free from the unpleasantness of handling porn for work. “That stuff is always about rape,” she says. “The covers show women being tied up and the headlines are violent. Frankly, they’re scary.”
In Japan, the public display of porn – rape or otherwise – has long been a sore point. In 2004, then Tokyo governor Shintaro Ishihara issued a law that required convenience store porn magazines to be partially bound in cellophane, to prevent casual riffing. “If anyone wants to look at those things, they’re going to have to show some courage, go up to the register and pay for them, right in front of everyone else.” This was a statement Ishihara apparently made to an aide, and later picked up by Japan’s sports tabloids, infamous for their own abundant porn content.
For some weeks afterwards, “show some courage” was a popular, mirth-filled punch line among Japanese men. Whether Ishihara really said those words isn’t the point – the move was classic ex-Governor. Always a gung-ho macho, one of Ishihara’s pet laments was the “pathetic-ness” of the slinky, under-confident Japanese male. He didn’t need to trot out the Olympics to turn the screws on their source of fun.
Unfortunately, his cellophane law simply gave rise to another problem: “harmless porn.” Instead of riffing through X-rated content, men turned to “gurabia,” magazines that featured bikini-ed young women on the covers in provocative poses and more of the same inside the pages. Since the women weren’t nude, the magazines couldn’t be described as hard porn. And the blurbs were all about how “beautiful” or “cute” the girls were so how could it be offensive, right? (Though their cup sizes were loudly touted along with their prettiness) Emboldened by this new wave of accessible and ‘kawaii’ porn, salarimen took to visiting the conbini on their lunch hours and picking up the magazines along with their bento and canned coffees. The early naughts were also about “tosatsu,” or shooting voyeuristic pictures of random young women on the streets, or catching them unawares through open windows. And these photos often found their way into – you guessed it, “harmless porn” magazines, stacked on conbini shelves.
Now, 15 years later, porn magazines (whether hard or harmless) comprise a dismally shrinking market. In the late 1990s, the conbini magazine market sold to the tune of 500 billion yen a year and the adult genre made up nearly 50% of that revenue. Retail analyst Hiroaki Watanabe says that those heydays are long over, and the market has been reduced by almost 70%. “These days, the main clientele of adult-only magazines are seniors, who don’t have smartphones or Internet access,” he says. Indeed, the aforementioned Reina says that porn mag buyers are nearly always “older men, who never make eye contact and have an air of shame.”
Indeed, the aforementioned Reina says that porn mag buyers are nearly always “older men, who never make eye contact and have an air of shame.”
At this point, Mini Stop is the only major convenience store that has completely cleared theirs shelves of adult mags. This is understandable, as Mini Stop is owned by retail conglomerate AEON known for a squeaky clean, family-oriented image. As for the conbini triumvirate, about one-third of their outlets don’t carry adult magazines, according to the companies’ PR.
The PR for Family Mart stated that ultimately, the company leaves the choice to stock porn up to the individual outlet owners. “Some of our outlets don’t carry magazines at all, regardless of content,” said the PR spokesman. “Anyway, we’re heading toward an era where customers can purchase and download magazine content right at the cash register. Paper magazines will be obsolete.”
Ex-Gov Ishihara probably didn’t see that coming. If a tap on a smartphone is all it takes to buy porn at the local conbini, what’s going to happen to male courage?
The Slaby Sisters: Johnna Slaby (painter) and Reylia Slaby (photographer) are pleased to present their first joint exhibition at the Intercontinental Hotel Osaka until July 31.. The exhibition features five pieces from each of their collections, and will be shown. Reylia and Johnna Slaby, twins, were born and raised in Osaka, Japan.
From a young age theywere free to explore and play within different facets of the art world. They began to develop a strong relationship with both Japanese and Western art, inadvertently creating their own fusions within the juxtaposing styles.
Johnna Slaby is an abstract artist born and based in Osaka, Japan. Originally on the road to becoming a classical pianist, her career took a sudden turn when shediscovered urban sketching and fell in love with the rough lines, textures and the different ways of representing life. She made the transition from sketching to abstract painting from 2014. She currently experiments with incorporating physical objects and coffee (literally) into her work, creating pieces that start conversations of culture and the beauty in our everyday lives.
Reylia Slaby-Fine Art Photographer
Having been born and raised in Japan, Reylia Slaby uses the influences from her unusual upbringing as the main theme in her artwork. Her photos are a rich blend of the Japanese aesthetic, and is greatly revealing of her personal experiences and thought. Her desire is to weave all the different aspects of her life into her art. She strongly believes in an empirical body of work, and is adamant when it comes to adding an individual and unique meaning to each image. Photography entered her life as a gradient. Originally a semi-professional graphite pencil artist, Reylia made a gradual switch to photography around her teen years, and then discovered fine art photography in 2012. It instantly struck a chord, and she knew that she had finally found her ideal outlet of self-expression, and for years immersed herself in the fine art world though books, online sources, and other artist’s work that inspired and moved her.
About the space:
STRESSED patisserie is proud to present fine works of art on periodic exhibition. Having invited leading artists locally and from around the world to display their outstanding works at STRESSED, the patisserie has become a gallery of fine art with paintings and prints displayed and on sale throughout. Patrons can obtain a catalogue in the patisserie for more information about the artists and their works as well as listings of the artwork for sale.
Journey beyond Roppongi (old), Shibuya (teenyboppers) to XEX Nihonbashi this Sunday starting at 6:30 for dance, music, entertainment and booze. It’s DME NIGHT
3 hours of music, dance, DJs and drinks. Also featuring special guests, The Dream Team, with a singer alleged to be the second-coming of Whitney Houston. Features live performances by Jai, Zenon, Miku, and a dance showcase (starting at 8pm) featuring our favorite cosplayer/peformer Fenix (“Storm) and others.
There’s speculation that The Dream Team might include Tokyo’s favorite siren, Zoe. But you’ll have to go to know.
The argument that “It’s worse in XXX (China,North Korea, US) so it’s okay to have XXX (sexism/racism/fascism/wage slavery/death by overwork) in Japan” is silly. It’s like the accused in a murder trail arguing, “I should be declared innocent because I only killed one person in the robbery but my partner killed three.” Some things are never okay. Whataboutism is the last resort of the intellectually dishonest weasel. (Sorry kids).
I don’t think that the work we do is shouting to the wind. Every effort matters. Sometimes sarcasm is an effective tool. We try to be polite in our response to the comments but rudeness is sometimes met with rudeness. 親しき仲にも礼儀あり
Does any of our work make a difference? Yes.
Actually, in my time as a reporter, me being “Jake Adelstein”, on editing duty today–criticism of huge problems in Japan, via articles that I have written and written with others, resulted in better laws against human trafficking, comprehensive measures to deal with dioxin pollution, and the Japanese government recently admitting that there is a huge problem with exploitation of underage girls that needs to be dealt with.
I and many of the writers on this blog who live in Japan, love this country, and loving a country doesn’t mean remaining silent; it means speaking up about what is wrong, and correcting it. The effort doesn’t always work but sometimes it yields results. And people who can’t see any fault or social problems in their country or refuse to do anything about it or just as complicit in the rise “dark corporations,” greedy nationalists, death by overwork, exploitive enterprises, corrupt politicians, and the nuclear industrial complex that have done so much harm to the nation. For decades many warned of the dangers that TEPCO and its poorly managed nuclear power plants held. They were ignored. It doesn’t make them any less correct.
The battle to protect human rights, worker rights, equal rights, the environment, democracy, the public right to know, justice, gender equality and to fight poverty and end corruption are important struggles. All over the world. Japan is no exception.
I’m a Soto Zen Buddhist priest in training, which is a part of Japanese culture–surprise! I wouldn’t argue the metaphysics of Buddhism are true, but there are universal truths and there is a motto that I have as an editor and journalist and try to keep in my own personal life. Pardon the idealism but I believe this creed applies everywhere in the world.
So below is a modified version of our editorial policy, adapted from the Dhammapada (法句経）. Thank you for your consideration.
Jake Adelstein, Japan Subculture Research Center, editor in chief
Conquer anger with compassion. Conquer evil with goodness. Conquer trolls with humour & sarcasm Conquer ignorance with knowledge Conquer stinginess with generosity. Conquer lies with truth
Some men in Japan just don’t seem to get that objectifying women is wrong.
In the land of the rising sun, the objectification of women is not only a thing, it’s a solid tradition and time-honored marketing ploy. Sometimes though, the tables can be turned the other way. This happened when Weekly SPA, a magazine famed for insisting that sex and money are the only things worth striving for, came out with a story in late December about which colleges had the most number of ‘yareru’ (i.e., easily f*ckable) women. Honorable first place went to Jissen Women’s University, followed by other prestigious women’s universities Otsuma and Ferris. Co-ed universities Hosei and Chuo came in 4th and 5th.
Normally, this would have caused a total of zero ripples on the calm surface of Japan’s societal pond (all the scum lurks beneath) but one young woman dared to raise her voice. This is Kazuna Yamamoto, a senior at International Christian University. Yamamoto saw the article and wrote to petition websitechange.org – that Japan should stop objectifying women, and noted the nation’s women “do not exist [soley] for the benefit of men.” In two days, Yamamoto’s petition amassed close to 30,000 sympathizers.
SPA editor-in-chief Takashi Inukai issued a public apology, saying that ‘yareru’ was in this case, inappropriate. Sorry. What SPA really meant to say, was ‘become on friendly terms with.’ Come on guys, is that the best you could do?
To make matters marginally more demeaning, SPA’s article was really about the practice of ‘gyara nomi,‘ which is a thing among young Japanese. (The ‘gyara’ comes from guarantee – in this case, cash.) In a ‘gyara nomi,’ a group of men meet a group of women at a drinking party. The men pick up the tab, and they are also obligated to offer money to women they find especially attractive. The women may or may not be pressured into sex by accepting the monetary gift but according to ‘Reina,’ a woman who regularly attends such gatherings, says “the sex is sort of mandatory. I mean, you can’t say no after the guy pays you. For myself and a lot of other girls, it’s a side hustle.” SPA covered an actual ‘gyara nomi’ party and an app that matches up college girls from the aforementioned universities wanting to earn a little cash, and men looking for a quick roll in the hay. It goes without saying that gyara nomi are limited to women under 25, (pre-Christmas cake age) though men do not face that censure.
Two factors are at play here: the objectification of women surely, but it’s also about women seizing the opportunity to cash in on their objectification. In a pathetically perverse way, you could say this is a win-win situation, or at least a supply and demand equation. Such a scenario is nothing new under the rising sun. Until Japan finally opened its doors to the West, objectifying women was so taken for granted the women themselves thought nothing of it.
By the way, the geisha trade of old was all about pushing the envelope of objectification: the closer a geisha got to simulating a perfectly made-up doll who danced and poured sake for her male clients (with a hinted promise of post-party sex), the better.
And in spite of all the water under the bridge and modernization with a vengeance, not a whole lot has changed. The practice of gyara nomi attest to the fact that Japanese men would would rather pay for sex, than god forbid, having to go through the arduous process of talking with a woman and getting to know her, and her consent– before taking her to bed.
As for the women themselves, like the aforementioned Reina many see their youths as a side hustle. If men and society insist on viewing college girls as ‘yareru’ cuties slinging Samantha Thavasa handbags over their arms, then there’s no shortage of college girls who bank on that view. Wearing short skirts, attending gyara nomi parties and then the next day, laugh about the men with their girlfriends at Starbucks. What’s the harm – but more to the point, how will they finance those Samantha Thavasa handbags if not through men? No self-respecting college girl wants to admit she had to buy one all on her own. With the exception of a weird few who want to waste their precious youth pursuing a medical degree (we know where such lofty ambitions wind up), young women find it easier to cater to male fantasies, and be compensated in one way or another for their trouble.
An apology from SPA will not likely change the way things are, but maybe, just maybe – it’s a tiny step taken toward…not anything so drastic as equality but non-objectification? On the day after the SPA fiasco, Peach John – one of Japan’s most lucrative women’s lingerie companies – issued an online apology about ‘inappropriate wording’ on one of their products. This was a supplement, touted as a ‘love potion.’ “Slip it into a loved one’s dish or cup, to get that person in the right mood for love” said the product description. (Editor’s note: At least that sounds better than menstrual blood in Valentine’s Day chocolates ) Peach John terminated its sales and promised that they will be “more careful” about choosing the right phrases. Cash, potions, deception, discrimination…would this all go away if Japanese men and women just learned to talk to each other?
Recently a Company called Shuukan Spa has released a ranking of “University students with easy-access girls” on a public magazine. (Published October 23, 2018)
2018 was a year where women from all over the world fought for women’s rights, so that our voices were delivered.
Japan will be having the first G20 summit this year, 2019 and it is ridiculous for an article such as this to be published. It’s not funny at all.
I would like to fight so that especially on public articles such as this one, sexualizing, objectifying and disrespecting women would stop.
We demand Shuukan Spa to take this article back and apologize, and promise to not use objectifying words to talk about women.
This sexualizing of women is not funny.
In Japan according to a study done by the Ministry of Justice, only 18.5% of the women report sexual assault or rape.
How about the left over 81.5%?
They don’t speak up. Can not speak up.
Because sexual assault, random guys touching your butt in public trains, having their crotch up your butt, rape, is something women have to deal with.
Because We use underaged girls in bikinis to fulfill the fetish of those who love baby faces.
Because we idolize young girls.
Because honestly, the society hasn’t changed ever since the time of comfort women.
Because men and women do not believe that we are worth the same as men.
In this world, 1 out of 5 women are raped or sexually assaulted before their 18th birthday.
According to the ministry of Justice, only 1 out of 10 people actually get convicted, after being sued for sexual assault.
In 2018, the world fought.
In some countries, abortion finally became legal.
100 year anniversary since Women got voting rights.
Women in Saudi Arabia were able to drive.
And using Social Media, people spoke up using #MeToo #NoWomenEver and in South America, #NoEsNo and #AbortoLegalYa.
This year we will not only hold the G20 nor but the W20 (women 20)
We demand that the media stops using words to discriminate women, objectify women, disrespect women and sexualize women.
We, women are not less than men.
We are human too.
We do not LIVE for men.
We do not exist for men.
Let’s raise our voices because I am sick of this society where women are objects.
By all means, do go and tell your side of the story to them, motherfucker.
Oh yeah, I forgot to mention, I heard that your daughter gives really good head… and so does your son.
Hey, I wanted to hear if your children are getting a good sleep because… when you get fired, and I get fired, you’re going to have to put your kids out of international school and into Japanese school and I’ll be teaching there. (The tape recording is below ↘）
Where I come from, you don’t mess with a man’s car, a man’s woman, a man’s dog, or a man’s job. You go behind someone’s back, and they come knockin on your front, with a shotgun. And I suppose you’ll send this to your mommy to defend you, right? (2011)
I have a talent for pissing people off. I’m sure it comes from a personality defect, of which I have many, and I will strive to work on improving my generally surly nature.
However, while I’m surly I don’t delight in the suffering of other people. Unfortunately, I have a cyberstalker who does. And when he can’t get to me, he attacks my friends. Or uses his virtual sock-puppets (Chris Beck, Kita (I don’t have the balls to use my real name) Yaesu to do it.
The worst troll in the world is one that claims to be a journalist—they abuse our profession by writing with malice, distorting the truth and mixing it with enough lies to make it seem plausible, and claim to be “reporting” to do it. I call them “trollnalists”.
There is a certain disgruntled self-professed journalist Christopher Johnson aka The Troll who has a personal vendetta against me and anyone who is my friend or employer. The reasons are very simple: I made the mistake of asking about his visa status when he was denied entry into Japan and/or deported in 2011. I then refused to write an article on his behalf in 2012. He took it very personally.
He’s accused me of 1) being addicted to meth-amphetamines 2) not having been a police reporter, which is probably because he can’t read enough Japanese to figure out what 警視庁記者クラブ means 3) being a womanizing asshole 4) plagiarism 5) being completely wrong about yakuza involvement in the nuclear industry 6) being mentally ill and in addition, he’s stalked and defamed my friends and colleagues, especially female reporters. It goes on and on.
He’ll probably alter his crazy blog posts soon to eliminate claim #5. He’s devoted 40 sprawling pages to my life which he continually rewrites when glaring errors are found. No one is sure what he does to support himself these days but perhaps his famous brother, Gordy Johnson aka Grady Johnson is supporting him. Who knows?
He is right about number 3. Gotta work on that. I can be an asshole and a womanizer. Guilty.
I didn’t mind so much his man-crush and attacks on me, but now he continues to harass other journalists I know, accusing them of plagiarism. He accuses them of taking money from corporations to slant their coverage, etc. He writes their editors, calls their offices, tweets at them endlessly. It’s hard to really explain how venal this individual is so I’ll let him speak for himself.
This is the kind of guy I’m dealing with. The kind of guy who left messages like this for his co-worker at NHK in 2007.
I will have to tell you that Tanaka-san and Iida-san are now well aware of your fucking bullshit. By all means, do go and tell your side of the story to them, motherfucker.
Oh yeah, I forgot to mention, I heard that your daughter gives really good head… and so does your son.
Hey, I wanted to hear if your children are getting a good sleep because… when you get fired, and I get fired, you’re going to have to put your kids out of international school and into Japanese school and I’ll be teaching there.
It is a revolting thing to do, for which CJ has never apologized. It makes him sound like a pedophile–and although he spent many years in Thailand, there is no evidence that he is one. But it’s still a fucking awful thing to say. An apology would be nice.
Dave Schaufele, the NHK co-worker, sent JSRC a note on the incident:
“It’s time to stand up to this bully. I would have no hesitation beating the living crap out of this sicko after his comments about my children, as would any father in a similar position I suspect. So if he ever sees me again he better turn the other way and run.
Friends at NHK who know CJ recommended that I just ignore him because he’s mentally unstable. But if his slanderous meltdown rant is starting to spread I guess I need to reply and set the record straight.
I must admit I’m so short of time between work and family that I haven’t even started a Facebook page, let alone made 14,000 blog posts as “Greji” whose slang and poor spelling might indicate that English is not his first language. CJis simply delusional.
I suspect he knows I’m not Greji but was simply looking for a way to use NHK’s name in the headline and fabricate a high profile story that would make him seem like a victim instead of a predator. CJ knows that his own actions resulted in his loss of work but his alter ego is trying to find someone else to take responsibility.
CJ pulled all the hateful slander completely out of his ass. I have many Jewish friends and have never made any anti-Semitic remarks nor written anything about Johnson’s girlfriend or family and therefore he can provide no examples at all in his rant.
I made no phone calls to him period; another fabrication to try and justify his pedophile phone messages left on my keitai answering system. Playback is continuous once activated and no alterations were made whatsoever.
I do sometimes get a sunburned neck when working outdoors but have no neo-nazi contacts or own any guns. I guess those were the most hurtful fabrications Johnson could come up with in his appeal for sexual-predator sainthood.
He’s a mental case whose 2 sexual harassment complaints on file at NHK got him fired in 1995 but he managed to sneak back in years later. I was unaware of his past and when he first started work I actually tried to help the guy out as a fellow Canadian by giving him over $1,000 in extra work, which he thanked me for by inviting me over to his XXXs place for a beer. Seems like he’s been freeloading off her for years. But as the old saying goes – no good deed goes unpunished. CJ left town on short notice and our NHK boss asked me to cover a couple of his shifts. When he returned he went psycho and tried to get me fired, which backfired because the bosses remembered that he was the pervert they got rid of in ’95. When he made disgusting sexual comments about my young children I played his phone messages for my boss and it was 3 strikes you’re out – again – for that sicko.
I guess CJ figured that if I hadn’t posted his phone messages in 5 years I have probably lost or erased the file so it’s safe to slander me and headline NHK’s name to regain his Economist notoriety. I did erase the file because I didn’t want to hear his voice again. For the record I haven’t spent a minute thinking about the asshole during the past five years and this is my first and only blog post related to him in all that time.
Now you know – the rest of the story.”
He does what trolls do. He writes my employers, he makes threatening calls to the FCCJ. He has a penchant for harassing my female friends especially. Maybe in his mind they are the weaker sex. I gather he’s a misanthrope and a misogynist. I wish he would just attack me. It’s such a dishonorable thing to do to attack the friends of the person you hate. Even the worst yakuza aren’t usually that low.
He is angry that I would not take up his cause or defend him. I don’t know him well and I didn’t think he had a position that I could defend and I politely declined to offer my support. By asking one pointed question, about his visa status, he perhaps feels that I sprung a hole in his credibility dyke, which caused him a flood of attack and ridicule.
I don’t know; I’m not a mind reader.
Recently his threats have escalated. He is very fond of threatening to sue people for slander. He also poses threats to them as questions under the guise of being a journalist. He makes sexual slurs about female reporters. He has spent an inordinate amount of time trying to make me angry and scare individuals working with me. For many months, I ignored him. He went away. I ignored him again. But he came back and started harassing anyone he can identify as my friend or employer.
I realized that stepping back was the wrong approach. It was a cowardly act to do nothing. This man under the guise of ”journalism” has terrorized individual after individual because everyone hopes that he will grow bored and find a new person to attack and stalk–and thus they do nothing. This is understandable. But because no one stands up to this bully, the number of those who have suffered because of him keep growing.
Albert Einstein once said, “The world is a dangerous place. Not because of the people who are evil; but because of the people who don’t do anything about it.” Einstein was right. I’m doing something about.
The more I know about the individual and his past, the more I began to feel increasingly uneasy. He has a history of making insidious threats. On October 16th, 2007, he left disgusting messages on the answering machine of an NHK colleague that implied he would sexually molest the individual’s children. The tape contains what seems to be the sounds of said journalist masturbating over the phone.
Allegedly, the dispute The Troll had with a co-worker ended in him making several obscene calls to the man’s home phone which resulted in his firing from NHK. NHK has not confirmed this although others who were working at NHK have and so has The Troll in his own blog.
Transcripts of threats made to NHK co-worker October 16th, 2007
The story of the Troll who threatened to molest the children of a fellow NHK worker
I will have to tell you that Tanaka-san and Iida-san are now well aware of your fucking bullshit. By all
means, do go and tell your side of the story to them, motherfucker.
Oh yeah, I forgot to mention, I heard that your daughter gives really good head… and so does your son.
Sounds of what may be masturbation
Hey, I wanted to hear if your children are getting a good sleep because… when you get fired, and I get
fired, you’re going to have to put your kids out of international school and into Japanese school….
For the record, this is his explanation:
“The letter enraged ●●●。 His new round of phone calls and letters now insulted ●●● and my family,including my brother, leader of one of Canada’s most popular bands at that time. I couldn’t take it anymore. Regrettably, I lost my temper. During a heated exchange of insults by email and phone, I left a nasty message on his phone. I responded to his insult that, “I hear there’s a job opening for a teacher who likes children, right up your alley”. In effect, I said to him: “if you get me fired from NHK, I will have to get a job teaching English again, and I might end teaching your children.” ●● claims he recorded it. He probably took the comments out of context, and possibly tampered with them, given his skills at voice acting and doctoring evidence and twisting facts…”
You can listen for yourself.
In addition, in May of 2011 he also made several threats to the journalist who replaced him at France 24.
Although I received the journalist’s permission to post this and verified it with three sources, I have deleted the name of the journalist threatened and changed the name of the one making the threats. Why? Because it’s customary practice in Japan to not publicize the names of people who are possibly mentally ill and may be under investigation for criminal offenses.
Other than blocking out some names, to protect the individuals from the loathsome attacks and smears of the troll, I have altered not a word, but put some sections in bold that are particularly disturbing. I’m reasonably sure the Troll aka Hostile Journalist will coming looking for me since by opposing him, I’m obviously a mofo.
We shall see.
PS. To Hostile Journalist: Do not even think about threatening (脅迫罪) anyone who cooperated with this article other than myself. Have some decency.
The story of the Troll threatening the journalist aka “The Mofo” that “stole” his job
Troll’s Letters To His Replacement at France 24 May-June 2011
The Troll, quoted here as “Hostile Journalist” sent a series of hostile emails after being fired by France 24. The reasons he was fired or let go may or may not have to do with the emails he sent. The emails were provided by a past victims of the Troll and on my own initiative I have kept his name non-public for fear that The Troll will retaliate against him as well.Hopefully, he is intelligent enough to realize that the emails he has sent constitute a threat. If he has a problem with this posting, I hope he will be a man and come after me and not the journalist who was kind enough to give me the materials. The letters began with an unsolicited posting from Troll.
The Troll Writing To France 24 Journalist Who Replaced Him
20 May 2011
I’m Troll, a veteran Tokyo-based journalist who has covered almost every major story in Asia and around the world since 1987, including the wars in Yugoslavia, East Timor, Afghanistan and Iraq, for major media worldwide.
I’m going to cut straight to the point about this. I do not allow people to take freelance strings that I have cultivated over the years. For your information, Loick Berrou hired me in July 2007 as the France 24 Anglo reporter in Tokyo, and since that time I have done hundreds of live phoners and on-camera
reports from Tokyo (often using the satellite feedpoints at Reuters and NHK), Tibet, China, Burma and Thailand (using feedpoints at Asiaworks).
I have taken great risks to build up the network. I was the only foreign journalist in Lhasa the week of the riots in March 2008, and I broke the story worldwide on France 24, beating BBC, CNN and everybody else. I also snuck inside Burma and reported on the crackdown on protesters, and Cyclone
Nargis, for the network. Last year, I did a flurry of reports amid gunfire and explosions during the battle of Bangkok (working in the same battle-zone where France 24 cameraman Nelson Rand was shot several times.)
Immediately after the March 11 quake, I spent a great deal of time and effort trying to arrange logistics for●●●, one of the network’s top Francophone correspondents (you can see the work we did together on the documentary The Battle of Bangkok). I also did 60 live reports for France 24 the first four weeks
after the quake, while you were working for somebody else, apparently.
I do not know what university training or professional qualifications you have in journalism, and I’m not familiar with the impact of your work. I’ve worked around most of the top journalists in Asia, and I don’t recall meeting you.
As for me, I have been through a weeding out process, of four years at Canada’s top journalism school at Carleton University in Ottawa, and then some of the leading networks and newspapers in Canada, before coming to work as a professional journalist in Asia. I learned to speak and read Japanese beginning in 1989, and covered the Kobe earthquake and sarin gas attack for CBC TV in Canada and others in 1995.
Like many other pros, I naturally have issues with amateurs who come to Japan, declare themselves journalists, hang around the FCCJ to pick up work, and then consider themselves experts in our field. Doctors and lawyers would not tolerate this in their fields either, and I think I have every right to call someone’s bluff on this.
While I was covering the TEPCO presser today, I found out from●●, ●●● and a senior person in Paris that you, somehow, have become the France 24 correspondent in Tokyo. I do not accept this, for any reason, and I will do whatever is necessary to protect a position that I have earned with the network, at great personal risk and sacrifice.
It’s not personal, it’s professional, and I can assure you that I will stake my 25-year career on this. If I tried to steal someone’s string, which has earned them thousands of dollars over the years, I would expect them to fight me for it.
I will tell you very frankly that I am a 6-foot, 200-pound guy from a rough part of the Detroit area, and I’ve been through too much – 9 wars, where I lost 7 friends – to let anyone disrespect me.
The Troll later discovered his email was forwarded to France 24 prompting another email.
That is very sleazy to send a letter, which I sent to you and you alone, to my employers at France 24. If you have any manhood, you will meet me in person to settle this. And you can bring your pals XXX and the other jerks who diss me on Facebook and at the FCCJ as well
The Journalist Responds To Troll’s Implied Threats
Troll-guy ,your unsolicited message appears to be a clear threat of violence towards me. Please clarify if I’m mistaken in this.
For the record: I was approached in Feb to work with F24 and have done a few bits of work with them since. I have no interest in who has worked with them in the past, continues to work with them now, or will work with them in the future.
I have no idea what issues you have with F24, but please take them up with the organization.
Equally, I have no idea what issues you have with ‘jerks’ on FB or the FCCJ, but please take them up with the people involved.
The Troll Responds To The Journalist
Who the hell are you talkin to me like this? You think your ass is powerful? You are a 5-foot 6, 150 lb dweek in shorts and sunglasses looking over your shoulder in a crowd. And I suppose you’llsend this to your mommy to protect you, right?
You aren’t the asshole ●● who smashed my brother’s head against the grocery store wall, and beat up my father in front of my mother and sister across the street from our house, and then laughed at my little brother in the court house. aYou aren’t the crackhead who shot my uncle ●● in the head in Detroit. You aren’t the home invader who murdered my brother’s drummer in his house in ●● this Christmas. You aren’t the gang that strangled me and beat me unconscious and broke my nose and ribs and left me naked in a park to die in Nairobi, or the jerks who mugged me at knifepoint in Rio de Janeiro. Youaren’t the Chetniks who severed the head of my roommate ●●●in Vukovar. You aren’t Khaled Sheikh Mohammed who cut up Daniel Pearl like a goat a few weeks after we had Thanksgiving dinner in Islamabad. You aren’t the Taliban motherfuckers who murdered●● and raped and killed the women in the van in Afghanistan. And you aren’t the gunmen who shot ●●●●● three times last year when we were working for France 24 in Bangkok. You are a spineless sewer rat who sends a private confidential letter to my boss to shaft me out of a job worth perhaps 10,000 year or more, a job I earned while you were a driver with another network and writing an FCCJ article slagging off serious pro journalists who hired you. Where I come from, you don’t mess with a man’s car, a man’s woman, a man’s dog, or a man’s job. You go behind someone’s back, and they come knockin on your front, with a shotgun. And I suppose you’ll send this to your mommy to defend you, right?
Where I come from, you don’t mess with a man’s car, a man’s woman, a man’s dog, or a man’s job. You go behind someone’s back, and they come knockin on your front, with a shotgun. And I suppose you’ll send this to your mommy to defend you, right?
The Journalist Responds To The Troll
It seems you got a rough deal off F24, which is a shame, but I really think your anger is directed in the wrong direction. To state the obvious, I don’t make the hiring decisions. I was asked to work with them in Feb and was surprised not to hear from them during the post-quake period. It seems they used someone else – that would be you. Now they’ve asked me to do the odd phoner.
I don’t know why they they’ve made that decision- it’s between you and them.
I was more than a little surprised to come in on Friday night to a long abusive threatening email from someone I’ve never met. I forwarded it to the people at F24 – ●● saying I had no idea what your history with them is and the situation needed clarifying .If you wanted a respectful response, you should have a sent a respectful email. This will be my last response to any insulting/ threatening mails.
“If you wanted a respectful response, you should have a sent a respectful email. This will be my last response to any insulting/ threatening mails.
That seems to be the best approach to dealing with this fellow. He does make a lot of threats. He, or his proxy, even threatened the editors at Wikipedia, when they refused to post an entry for him. He accused an employee of Google Japan of deliberately altering search results to make him look bad. He does manage to get under my skin. However, I’m certainly not the only one.
If you’d like to know more, please check out Japan Probe which has article after article about his not so amusing attacking on others journalists, his implied threats, his rantings, and his career history as a malcontent and troublemaker in Japan.
I took this post down once. I’m reposting it so that everyone knows that this is a man that threatens to molest children and viciously attacks other members of the journalism community. He may be a journalist; he is also very close to being a cyber stalker. I won’t write his name because he thrives on attention. I tweeted a parody of his blog today that has his actual name on it. I should have read it closer. I was taught that the mentally unstable should have their names undisclosed because they aren’t entirely responsible for their acts. I don’t know if that is the case with this individual but I suspect as much. Possibly a sociopath with delusional disorder. I’ll give him the benefit of the doubt.
I won’t engage with this individual in any way. Because there’s a difference between him and me. I give a damn about my sources and my friends. I’d rather people think I’m a jerk than violate the three things I believe in: protect your sources, write the truth, and if you can’t do both, then don’t write the story. Some people may not agree with that philosophy. It’s what I believe in. I don’t have a perfect score on protecting my sources. I get to live with that for the rest of my life. I atone and I carry on.
Because where I come from, when you attack a man’s friends and defame them, stalk women, and threaten to harm children–you’re someone who needs to go to jail until you learn to behave like a human being, not a troll. Or am I simply too old-fashioned?
I recognize that people have a right to start their lives over–that they deserve a second chance. And I’d be willing to give this man a second chance, if he showed any remorse, if he apologized to all those he’s wronged. He won’t do that. He won’t even answer three simple questions 1) Did you threaten to molest a man’s children when you were working at NHK? 2) Did you threaten another reporter in 2011? 3) Have you misused the position of being a journalist to harass women that reject you and people who disagree with you?
There is no solution to dealing with a man like this. As long as he has access to the internet, he will continue to try and destroy those whom he perceives as his enemies—and there a lot of them. He’s bordering on criminal behavior and when he finally crosses the line, I hope to see that at last he gets the attention he deserves. Because where I come from, when you attack a man’s friends and defame them, stalk women, and threaten to harm children–you’re someone who needs to go to jail until you learn to behave like a human being, not a troll. Or am I simply too old-fashioned?
I am grateful to finally have the opportunity to speak publicly. I look forward to beginning the process of defending myself against the accusations that have been made against me.
First, let me say that I have a genuine love and appreciation for Nissan. I believe strongly that in all of my efforts on behalf of the company, I have acted honorably, legally, and with the knowledge and approval of the appropriate executives inside the company—with the sole purpose of supporting and strengthening Nissan, and helping to restore its place as one of Japan’s finest and most respected companies.
Now I would like to address the allegations.
1.The FX Forward contracts
When I first joined Nissan and moved to Japan almost 20 years ago, I wanted to be paid in U.S. dollars, but was told that that was not possible and was given an employment contract that required me to be paid in Japanese yen. I have long been concerned about the volatility of the yen relative to the U.S. dollar. I am a U.S. dollar-based individual—my children live in the U.S. and I have strong ties to Lebanon, whose currency has a fixed exchange rate against the U.S. dollar. I wanted predictability in my income in order to help me take care of my family.
To deal with this issue, I entered into foreign exchange contracts throughout my tenure at Nissan, beginning in 2002. Two such contracts are at issue in this proceeding. One was signed in 2006, when the Nissan stock price was around 1500 yen and the yen/dollar rate was around 118. The other was signed in 2007, when the Nissan stock price was around 1400 yen and the yen/dollar exchange rate was around 114.
The 2008–2009 financial crisis caused Nissan’s shares to plummet to 400 yen in October 2008 and to 250 yen in February 2009 (down more than 80% from its peak) and the yen/dollar exchange rate dropped below 80. It was a perfect storm that no one predicted. The entire banking system was frozen, and the bank asked for an immediate increase in my collateral on the contracts, which I could not satisfy on my own.
I was faced with two stark choices:
1. Resign from Nissan, so that I could receive my retirement allowance, which I could then use to provide the necessary collateral. But my moral commitment to Nissan would not allow me to step down during that crucial time; a captain doesn’t jump ship in the middle of a storm.
2. Ask Nissan to temporarily take on the collateral, so long as it came to no cost to the company, while I gathered collateral from my other sources.
I chose option 2. The FX contracts were then transferred back to me without Nissan incurring any loss.
Khaled Juffali has been a long-time supporter and partner of Nissan. During a very difficult period, Khaled Juffali Company helped Nissan solicit financing and helped Nissan solve a complicated problem involving a local distributor—indeed, Juffali helped Nissan restructure struggling distributors throughout the Gulf region, enablingNissan to better compete with rivals like Toyota, which was outperforming Nissan. Juffali also assisted Nissan in negotiating the development of a manufacturing plant in Saudi Arabia, organizing high-level meetings with Saudi officials.
Khaled Juffali Company was appropriately compensated—an amount disclosed to and approved by the appropriate officers at Nissan—in exchange for these critical services that substantially benefited Nissan.
3.The FIEL Allegations
Four major companies sought to recruit me while I was CEO of Nissan, including Ford (by Bill Ford) and General Motors (by Steve Rattner, the then-Car Czar under President Barack Obama). Even though their proposals were very attractive, I could not in good conscience abandon Nissan while we were in the midst of ourturnaround. Nissan is an iconic Japanese company that I care about deeply. Although I chose not to pursue the other opportunities, I did keep a record of the market compensation for my role, which those companies offeredme if I had taken these jobs. This was an internal benchmark that I kept for my own future reference—it had no legal effect; it was never shared with the directors; and it never represented any kind of binding commitment. Infact, the various proposals for non-compete and advisory services post-retirement made by some members of the board did not reflect or reference my internal calculations, underscoring their hypothetical, non-binding nature.
Contrary to the accusations made by the prosecutors, I never received any compensation from Nissan that was not disclosed, nor did I ever enter into any binding contract with Nissan to be paid a fixed amount that was not disclosed. Moreover, I understood that any draft proposals for post-retirement compensation were reviewed by internal and external lawyers, showing I had no intent to violate the law. For me, the test is the “death test”: if I died today, could my heirs require Nissan to pay anything other than my retirement allowance? The answer is an unequivocal “No.”
4.Contribution to Nissan
I have dedicated two decades of my life to reviving Nissan and building the Alliance. I worked toward these goals day and night, on the earth and in the air, standing shoulder to shoulder with hardworking Nissan employees around the globe, to create value. The fruits of our labors have been extraordinary. We transformed Nissan, moving it from a position of a debt of 2 trillion yen in 1999 to cash of 1.8 trillion yen at the end of 2006, from 2.5 million cars sold in 1999 at a significant loss to 5.8 million cars sold profitably in 2016. Nissan’s asset base tripled during the period. We saw the revival of icons like the Fairlady Z and Nissan G-TR; Nissan’s industrial entry into Wuhon, China, St. Petersburg, Russia, Chennai, India, and Resende, Brazil; the pioneering of a mass market for electric cars with the Leaf; the jumpstarting of autonomous cars; the introduction of Mitsubishi Motors to the Alliance; and the Alliance becoming the number one auto group in the world in 2017, producing more than 10 million cars annually. We created,directly and indirectly, countless jobs in Japan and reestablished Nissan as a pillar of the Japanese economy.
These accomplishments—secured alongside the peerless team of Nissan employees worldwide—are the greatest joy of my life, next to my family.
Your Honor, I am an innocent of the accusations made against me. I have always acted with integrity and have never been accused of any wrongdoing in my several-decade professional career. I have been wrongly accused and unfairly detained based on meritless and unsubstantiated accusations.
Thanks to the True Story Award, a new prize for written reportage, from 30 August to 1 September 2019, over 60 reporters from right around the world will come together in Bern, Switzerland. Nominate the best journalists and stories in Japan.
Today, submissions open for the True Story Award, the first global award for reporters writing for newspapers, magazines and online publications. The prize recognises written reportage from all countries and in 12 of the world’s most widely spoken languages. The prize will be awarded to work that stands out through in-depth research, journalistic quality and societal relevance.
The prize seeks to motivate journalists from across the world and to support their work. In many places around the world, the loss of diverse and independent media coverage of events and developments is damaging the ability of the public to freely form critical opinions. Which makes it even more important to have courageous and innovative reporters – in all societies and countries. It’s for these reporters that the True Story Award has been created. To begin with, a jury representing 29 countries will nominate a total of 42 reporters. Following this process, an eight-person jury will determine the winners.
The nominees and selected members of the international jury will be invited to attend the prize ceremony in Bern, Switzerland. But it doesn’t end there. At a three-day festival, they will share stories about their work in various contexts around the globe. At some 50 public events, they will provide insights into the conditions under which their research was carried out, will discuss some of the obstacles and resistance they faced, tell stories, and provide the public with new persepectives on contemporary events. It will be the first festival of its kind in the German-speaking world. Apart from the award ceremony, entry to all events will be free.
The prize was conceived and launched by Reportagenmagazine, and the True Story Award and the accompanying festival will be carried out in close collaboration with Bern Welcome. The prize is funded by the newly founded True Story Award Foundation.
Marcel Brülhart, Chairman of the Board, Bern Welcome, bruelhart (at) recht-governance.ch, +41 (0)79 359 59 66
Bern Welcomebrings together city marketing, tourism and local activities in the city of Bern. This merger is the first of its kind in Switzerland.
The organisations Bern Tourismand Bern Meetings & Eventsare both included under the umbrella of Bern Welcome AG, and share a joint strategic and operational structure.
Bern Welcomeis primarily funded by the city of Bern, the business network BERNcityand the associations Hotellerie Bern+Mittelland andGastroStadtBern.
Reportagenis an independent magazine for contemporary storytelling. Outstanding authors tell fascinating stories from around the world. Researched in the field, with the protagonists themselves, and off the beaten track. A new edition every second month. In a sleekly designed paperback and a digital format.Reportagenis available in bookstores and from newsagents, in the App Store and by subscription.
Note: We met with former prosecutor Nobuo Gohara, last week, to discuss the arrest and prosecution of Carlos Ghosn. Mr. Ghosn has been accused of financial crimes, and has now been detained 23 days and rearrested. With Gohara’s permission, we are publishing his translated observatiosn about the case, written prior to the re-arrest of Mr. Ghosn today (December 10th 2018). *Portions of this were previously published in Japanese on Yahoo! News.
The Arrest of President & CEO Saikawa is Inevitable if Mr. Ghosn is Re-arrested based on Fake Statement made in the Last 3 Years
The End of The Myth of The Special Prosecutors is one book that Mr. Gohara has written on Japan’s prosecutors going off the rails.
Today (December 10) was the last day of the extended detention of Mr. Carlos Ghosn, who was arrested by the Special Investigation Unit of the Tokyo District Court on November 19 and was removed from the Representative Directorship of Nissan 3 days thereafter at the extraordinary board meeting, as well as Mr. Greg Kelly.
The suspected offense of his violation of the Financial Instruments and Exchange Act turned out to be the fact that he did not describe the “agreement on payment of compensation after his retirement” in the securities report. However, given that the payment had not been determined and that it cannot be considered as a fake statement of an “important matter”, there are serious concerns about considering this non-description a crime.
There has been an increasing skepticism about the method of prosecutors’ investigation who suddenly arrested Mr. Ghosn at Haneda Airport inside his personal aircraft when he just returned to Japan. As I have pointed out in my article (“Ghosn Can Only Be Indicted if Prosecutors Follow Their Organizational Logic”), since the prosecutors have arrested him based on their unique decision, it is impossible for them “not to indict Mr. Ghosn”, as it would be self-denying and contrary to the “logic of the organization”. It had thus been fully anticipated that the prosecutors would indict Mr. Ghosn today.
However, the facts that have newly been revealed through the subsequent media reports are raising even more serious concerns with respect to his arrest based on the “agreement on payment of compensation after his retirement” (although various media organizations report that those facts constitute the ground of his indictment by the prosecutors).
Could this herald the possible “collapse” of the prosecutor’s case
There is Virtually No More Possibility that Mr. Ghosn will be Re-arrested with the Crime of Aggravated Breach of Trust or the like
First of all, it has been reported that the prosecutors intend to re-arrest Mr. Ghosn on the ground that he has “underdescribed his executive compensation of 4 billion yen for the last 3 years”. The facts that constituted the ground of his arrest and detention to date had been the fake statement around the “agreement on payment of compensation after his retirement” for the period of 5 years up to March 2015 term. The prosecutors, however, are intending to re-arrest him based on the same fake statement but for the last 3 years up to March 2018 term.
There had been a speculation that the fake statement in the securities report was merely a ”starting point” and that the Special Investigation Unit was contemplating to pursue some “substantive crime” such as aggravated breach of trust. However, had they been able to pursue the crime of aggravated breach of trust, they would have re-arrested him based on that. Given the overloaded investigation lineup of the Public Prosecutors Office, which has been accepting prosecutors dispatched from the District Public Prosecutor Offices, as the year end approaches when they need to send the dispatched prosecutors back to where they belong, they would want to avoid arresting him based on the new facts on and after December 10 unless extreme circumstances arise, because the period of detention of 20 days would then extend to the year end. This means that the only “charge” based on which the prosecutors intend to indict Mr. Ghosn is the fake statement of his executive compensation. On the basis that they will re-arrest him based on the same fake statement as the facts constituting his initial arrest and detention, it is highly probable that the investigation will end there.
This is a scenario which I have predicted, as I have repeatedly stated since right after the arrest. That is, based on the facts that have been reported, it is unlikely that Mr. Ghosn will be indicted for the aggravated breach of trust (“Ghosn Case: Yomiuri Beginning to Ditch Prosecutors while Asahi Cling to Them”). However, for those who firmly believe that the “justice always lies with prosecutors” and because of that believe “Mr. Ghosn, who was arrested by the prosecutors, is a villain”, it would be hard to accept that the investigation would end by only charging him with such a trivial crime as fake statement and not criminally pursuing any “substantive crime”.
Serious Issues Concerning Procedures of Detention
Of further significance is a “serious issue concerning the legality of detention” in relation to the re-arresting of Mr. Ghosn and Mr. Kelly based on the “underdescription of Mr. Ghosn’s executive compensation of 4 billion yen for the last 3 years”.
A securities report is something which is prepared and submitted each business year. As such, there is supposed to be “one independent crime” for each business year, totaling to 8 crimes, if there are fake statements in all securities reports for the period of 8 years from March 2010 term to March 2018 term. However, the charge against Mr. Ghosn with respect to the “agreement on payment of compensation after his retirement” is different from a standard fake statement in the securities report.
An “MoU” was said to have been made between Mr. Ghosn and the Head of Secretary Office every year with respect to part of the executive compensation payable after his retirement under the pretense of some other payment, which had been kept secret to the Departments of General Affairs and Finance of Nissan and had been kept confidentially. The securities report for each year had been prepared and submitted without regard to the agreement made in such “MoU”. Since the acts of preparation of the “MoU” for 8 years had been repeated every year under the same intent and purpose, they constitute “one inclusive crime” provided that they do constitute a crime. They should effectively be interpreted as “one crime” as a whole. “Dividing” these acts into those conducted during the first 5 years and those during the last 3 years for the purpose of repeating the arrest and detention means arresting and detaining based on the same facts, which is a significant issue in terms of due process of detention.
On top of that, if the prosecutors intend to re-arrest them based on the acts in the last 3 years after completing their investigation and processing of the fake statement for the first 5 years, it would be that they had “reserved” the acts of the last 3 years for the re-arrest. This is an unjustifiable detention which deviates the common sense of prosecutors. Inevitably, Mr. Ghosn and Mr. Kelly would file a quasi-complaint with respect to the detention or a special appeal with the Supreme Court, claiming that it is an unjustifiable detention in violation of due process under Article 31 of the Constitution.
It Would Be Difficult to Deny Criminal Liability of President Saikawa
“When The Thinking Processes Of The Organization Stop” discusses the implications of an infamous case in which a prosecutor forged evidence and dysfunctional organizations in general, which could apply to Nissan at present.
A more significant issue is that it has been reported by Asahi, Nikkei, and NHK that Hiroto Saikawa, President and CEO of Nissan, has also signed the “document agreeing on the post-retirement compensation”. It has been reported that Mr. Saikawa has signed a document titled “Employment Agreement”, which describes the amount of compensation for the agreement prohibiting Mr. Ghosn to enter into any consulting agreement or to assume office as an officer with any competing companies after his retirement. It has also been reported that, apart from the above, a document was prepared which specified the amount of compensation which should have been received by Mr. Ghosn each term and the amount which had actually been paid, as well as the balance thereof, and that it was signed by Mr. Ghosn the ex-Chairman and the executive employees as his close aides.
The prosecutors and media may be denying the criminal liability of Mr. Saikawa for his fake statement of the executive compensation based on the reason that, although he had been aware of the payment of compensation as consideration for the prohibition of Mr. Ghosn’s entrance into any consulting agreement or assumption of office with competing companies after his retirement, he had not recognized it as a payment of executive compensation under some other pretext, and because of this, he did not know that it should have been described in the securities report as “executive compensation”.
I wonder, however, how President Saikawa had recognized the consideration for the prohibition concerning the consulting agreement and non-competitive agreement. If he had signed the document based on his understanding that it was a legitimate and lawful payment, it would mean that the agreement has its basis and that Mr. Ghosn has an obligation to refrain from entering into any consulting agreement and competing in return for the payment. It would thus be considered a “legitimate contractual consideration” rather than a “deferred payment of executive compensation”.
Above all, why did Mr. Saikawa think it was necessary to enter into an agreement that prohibits Mr. Ghosn from entering into any consulting agreement or competing after his retirement when there was actually no specific sign of his retirement? We can never understand the reason unless the agreement is explained as an “alternative for reducing the executive compensation by half”. In the end, we cannot help but think that Mr. Saikawa had almost the same recognition as Mr. Ghosn and others with respect to the agreement.
The offense of the crime of fake statement in the securities report is constituted not by “making a fake statement” but by “submitting” the securities report with a fake statement on an important matter. The person who has an obligation to ensure accurate description and “submission” is the CEO in the case of Nissan, which is Mr. Saikawa from and after March 2017 term. If, as mentioned above, Mr. Saikawa had largely the same recognition with Mr. Ghosn with respect to the “post-retirement payment of compensation”, we have to say that it is Mr. Saikawa who would primarily be criminally liable for the last 2 years (apart from the severity of the ultimate sentence). That is, if the prosecutors are to pursue the indictment of the fake statement of the securities report for the last 3 years, it is inevitable to charge Mr. Saikawa as well.
Can Mr. Saikawa Withstand Criticism of being Involved in “Backdoor Agreement” with Prosecutors?
This is when the idea of plea bargain occurs to us—that is, whether or not there is a possibility that Mr. Saikawa has agreed to a plea bargain with the prosecutors by cooperating in the investigation on the “crimes of others” (i.e., of Mr. Ghosn and Mr. Kelly), thereby being exempted from criminal punishment.
It is possible that there is a “backdoor agreement” between the prosecutors and President Saikawa “targeting” Mr. Ghosn and Mr. Kelly. However, if such agreement exists, where it is agreed not to charge President Saikawa, what was it all about that he criticized Mr. Ghosn at the press conference immediately after his arrest, going so far as to say that he “felt resentment (toward Mr. Ghosn)”? There is likely to be severe criticisms against such agreement as well as against Mr. Saikawa domestically and internationally. Furthermore, if this is the case, it is likely that Mr. Saikawa falls under the “party with special interest” in relation to the extraordinary board meeting where he served as the chairman and determined the removal of Mr. Ghosn from his position of the Representative Director and Chairman. This may affect the force and effect of the vote (““Serious Concern” over Plea Bargain between Executives of Nissan and Prosecutors” – Are Directors Involved in Securities Report able to Participate in Voting relating to Removal of Ghosn?).
Given all of the above, if the prosecutors are to re-arrest Mr. Ghosn and Mr. Kelly on the ground of a fake statement in the securities report for the last 3 years, there is no other choice than to arrest Mr. Saikawa and hold him criminally liable. However, this would virtually mean the collapse of the current management team of Nissan which executed a coup d’etat at the initiative of President Saikawa and upset the Ghosn Regime. The investigation of the prosecutors, which has been conducted in close cooperation with the management team of Nissan, is also at a risk of “collapsing”.
*Translation was provided by Mr. Gohara’s office, with some minor editing by JSRC staff for clarity based on the original Japanese text.