Exclusive: Former Prosecutor Says, “If Ghosn is rearrested, NISSAN CEO should be arrested as well”

Nobuo Gohara (郷原信郎元検事)

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.

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.

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.

“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

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.

The Way of the Sword Requires a Ton of Sacrifice/ZAN movie review

by Kaori Shoji
You don’t know cool until you’ve seen ZAN (international title: “Killing”). A period action film set in the late Edo Period, ZAN is everything that The Last Samurai is not: minimalist, unpretentious and totally unsentimental. Back in Old Japan, sentiment was often a luxury few people could afford. It was hard enough to secure things like food and basic comforts, and the situation was harder for the samurai because they had to keep up appearances as the authoritative class.
(C)SHINYA TSUKAMOTO/KAIJYU THEATER

“I want you to think about all the mistakes you’ve made in your life up to this point,” he tells his bleeding victim. “You have plenty of time for reflection until you finally manage to die.”
ZAN notes that a samurai was defined by two things: 1) his sword and 2) his ability to kill others with that sword. The film also makes no bones about the incredible pain and grossness that accompanies a sword fight. It’s not like a TV period drama where one swish of a katana brings on instantaneous death–the process takes hours or even days of intense suffering. In one scene, after a close battle a samurai slices off the arm of an opponent, right from the shoulder. “I want you to think about all the mistakes you’ve made in your life up to this point,” he tells his bleeding victim. “You have plenty of time for reflection until you finally manage to die.”

Chilling. Isn’t it? ZAN is a lesson in Edo Period brutality and despite the obvious disregard for period detail (like speech patterns and vocabulary) it all feels eerily true. No one cracks a smile, wears make-up or even changes out of soiled kimonos. The sky is heavy with perpetual rain, the houses are pitch dark, cramped and dingy. The threat of pain and death is ever-present and the only respite is sex, or more often, masturbation. Something has got to give, but you sense right away that the giving isn’t going to be happy.

ZAN is directed by Shinya Tsukamoto – arguably the most innovative auteur working in the Japanese flm industry today, and distinctive for working solo. An indie wunderkind, he directs, writes his own screenplays, works on his own production designs and acts in crucial roles, in his own and other peoples’ films. Tsukamoto even auditioned for Martin Scorsese’s Silence and got the part of Mokichi. Rumor has it Scorsese thought Tsukamoto “looked familiar,” as the American director is a fan of his work, but didn’t believe that a man of Tsukamoto’s repute would actually show up for an audition. Scorsese was later flabbergasted to learn the truth and professed to be “in awe” of Tsukamoto – at least that’s the story floating around in the Japanese movie industry.

But it’s easy to believe that Scorsese was impressed because as an actor, Tsukamoto radiates a macho allure that’s hard to resist. In the movie, he plays an older samurai named Sawamura, a mysterious vagabond traveling from village to village in search of talent. Sawamura has an agenda – to form a platoon of free agent samurai and offer their services to some powerful lord. The era is late Edo, when the whole of Japan was in the fever grip of confusion and intrigue, all the while being pressured by Europe and the US to open up the nation, after nearly 260 years of isolation. Against this backdrop, hordes of samurai were fired from their clans and left to fend for themselves. Many of them were recruited as foot soldiers by the Tokugawa shogunate and its supporters that were anti-foreigner and desperate to preserve the status quo. Sawamura’s own political views are unclear but most likely he has none. Like many unemployed samurai at the time, gaining a steady position was the biggest priority and as a samurai, that meant killing people with his sword. “I want to do my part in these chaotic times,” he explains.
(C)SHINYA TSUKAMOTO/KAIJYU THEATER



Sawamura’s statement reveals the Edo samurai mind-set: Fighting for a cause or a political slogan was tacky. Killing to assert one’s identity as a samurai, was more like it. He wanders over to a village on the outskirts of Edo and observes a young samurai, Tsuzuki (Sosuke Ikematsu) having a mock sword battle with farmer boy Ichisuke (Ryusei Maeda). Tsuzuki had been hired on a farm in lieu of food and board, and had been giving katana lessons to Ichisuke whenever they had a moment free from working the rice paddies. Tsuzuki is an excellent swordsman and under his tutelage, Ichisuke has acquired a lot of skill. Sawamura wastes no time in recruiting them both, and proposes leaving for Edo in two days. Ichisuke is keen to go but Tsuzuki is inexplicably reluctant. The presence of Ichisuke’s sister Yu (Yu Aoi) is part of the reason – Tsuzuki always masturbates to the sight of her bathing and the story suggests he is a virgin. Could it be that he’s also a virgin as a murderer, and for all his grace and expertise with the sword, Tsuzuki has never brought his blade down on another man’s flesh?

ZAN twists and writhes its way to a bloody climax and by then you become well aware of the wondrous weirdness of the samurai. They are darkly backward in their thinking, swayed by a single desire to assert their samurai identity, which is on par with the will to kill. It overrides all other desires – for happiness, for justice, even for survival. It depicts not the noble samurai of Japanese fiction and The Last Samurai, but the samurai as they really were: bloody, brutal, barbaric and with no notions of the word Bushido(武士道). Bushido, both the word and the concept of a noble samurai were retroactively imposed upon the Edo-era culture by the writer Inazo Nitobe in 1900. His book Bushido: The Soul of Japan, written in English, was aimed at Western audiences, and tried to elevate the popular image of Japan. (The “Cool Japan” strategy of 1900).

In ZAN, the opening of Japan to the West and the subsequent demolishment of the samurai was just around the corner, but Tsuzuki and Sawamura are locked into an existence that no one, not even themselves, could fully comprehend or accept. They take us to a place that defies logic and explanation, to a time when such things were beside the point. It’s only when the lights come on that we take stock of what Japan has lost in the wake of modernization and wonder briefly whether the trade-off was completely worth it.

Now playing in Japan. Click here for showtimes and venues are here

Editor’s Opinion: Yet, are the samurai really missed? ” For the peasants and underclass who were often brutalized by the samurai, probably not. Samurai could legally murder the lower class of merchants, farmers, prostitutes, etc–kirisutegomen–for being impolite or simply being annoying. The movie reminds us that maybe for the rest of us, the cutting down of the Samurai was a boon to Japan, not a curse. What do you think?

タイトル:『斬、』

読み方:ざん

公開表記: 11月24日(土)よりユーロスペースほか全国公開!

クレジット:

監督、脚本、撮影、編集、製作:塚本晋也 

出演:池松壮亮、蒼井優、中村達也、前田隆成、塚本晋也

2018年/日本/80分/アメリカンビスタ/5.1ch/カラー 

製作:海獣シアター/配給:新日本映画社 

“I Know Your Name….” Sex-work and blackmail in Japan

“I know your name.”

photo by ©Jake Adelstein

I shuddered while reading the first line of this email on my mobile, I remember dropping it on my bed in disbelief. This wasn’t the usual time-waster, this wasn’t the usual sex pest abusive messages that escorts usually got.

“I know your name it’s ______ and you’re a student at _____ University”.

My heart stopped. I don’t use my first legal name anywhere online, nor do I tell people it. The only person who would know my entire legal name would be someone with access to official documents about myself. Like a professor.

“If you don’t send me nudes, and whatever the hell else I might want. I’ll expose you. I’ll tell everyone at University about you. I’ll tell your talent agency about you.”

Plenty of people within the entertainment industry moonlight as sex workers, including now famous A-list Hollywood actors. The difference between myself and them was that I was an idol. An idol in Japan is a young person active as a singer, as a dancer and most importantly a talent, whose biggest attribute is Disney’s Mickey Mouse Club-esque squeaky clean nature and hopefully manga-like cute cuddly shining eyes, perpetually open wide.

“If you don’t send me nudes, and whatever the hell else I might want. I’ll expose you. I’ll tell everyone at University about you. I’ll tell your talent agency about you.”

In Japan, I had come to meet a few idols who worked jobs as hostesses, girls bar work, erotic massage and for escort services. I even knew a guy who knew a guy who claimed to be the Papa-San or “sugar daddy” of a lesser known ***48 member. As common as this tends to be, it obviously is a liability for talent agencies.

For lack of more eloquent words, I was scared shitless. Whoever this person was had leverage on me as a student, as a migrant and as someone in the entertainment industry. However, I was more afraid that if I heeded his orders it would quickly elevate to more unscrupulous demands.

So, I ignored it. I ignored it for as long as I could. Until two weeks later he sent information about fan event I would be holding with something threatening along the lines of:  “It would be a shame if I came here and showed everyone your ad. You’re a dirty whore! Muahahahahah” The original email was worded differently, but the meaning was clear.

He was trying to exploit my latent feelings of shame around the sex work I was doing at the time  and the stigma society has around sex workers and migrant sex workers. As dumb as this is, I ended up sending him a few recycled lewd photos. I was too afraid of the repercussions…or maybe I have a humiliation kink I can’t admit yet. Even though I can dryly laugh about the situation now, it was horrifying when it was happening to me.

He predictably took it up a notch. “Go to coordinates _____ and there’s a vending machine. Put ¥20,000 (roughly $180) under it. Don’t look around or ask questions. If you don’t want this option you can give me blowjobs every week but you will remain masked the entire time”

20,000 yen it is, I decided. I kept being urged by friends to report this to the police. Despite what I said in my twitter post in Japanese, I didn’t. Well technically I didn’t. I’ll get back to that. I couldn’t report it to the police because what I was doing to earn money was probably way outside of the kind of work my visa would allow.

Later that day I looked up the coordinates to the vending machine where I was instructed go leave the cash. I wanted to sarcastically reply, “which vending machine” because in Japan there’s a vending machine on every street corner, sometimes on every floor of a building. The coordinates were smack dab deep in Dougenzaka, Shibuya’s red light district, also known as “Love Hotel Hill’.. It’s a bit like all of Roppongi but without drunk expatriate asshole merchant bankers. It’s also a bit like the East side of Ikebukuro but without the old men holding hands with high school girls openly. It’s a bit like Ueno but Dougenzaka doesn’t reek of piss. You get the idea. Dougenzaka is a red light district. It has the neon lights, beat cops, happening bars, love hotels and all the trimmings. But it tends to be a bit quieter than the others. Somewhere nicely in between the gaudiness of Kabukicho in Shinjuku and the tawdry sleaziness of Uguisudani.

He wasn’t the most intimidating guy to bring along, however he had a penis and he was Japanese.

I decided, that I would pay him once but no more after that I told myself. Going with me was a male friend. By friend, I meant a guy who was a part-time host at a host club and part time nursery school teacher who I had friend-zoned. I don’t like host clubs or hosts, both are painfully boring to me. I’ve never understood the appeal to the host system. I’ve had this theory, since most of the women patrons of host clubs are also sex workers, who have to deal with assholes all day, hosts allow them to try their hands at the dynamic themselves. Something like “reverse sexism”. As I said, I don’t like hosts but this guy was different. He was a total geek.

He was a Kaiju (怪獣) and Kamen Rider (仮面ライダー) nerd, totally into the world of Japan’s  superheroes and super monsters, and quite small in stature. He wasn’t the most intimidating guy to bring along, however he had a penis and he was Japanese. If the situation became out of hand, those two important factors would be all that would matter with having an ally on my side.

As we toddled down the dark Dougenzaka alley trying to find the exact location of the vending machine from the email, Kaiju-host told me “I don’t feel so well about this.” Well no shit Sherlock. Neither did I, but in my mind if I gave this guy money he’d lay off for enough time for me to figure something clever out.

“I think this is it!” We walked near a vending machine similar to one I had seen on Google maps. The location was a far cry from the neon lights and drunks bumbling out of Izakayas. The only illumination about was from that vending machine; the neon glow lit the alley like a lighthouse far in the distance. I wish I could say something more meaningful or prolific about that, but I can’t. Just know the place was really damn dark and the only light was from a metal box with drinks inside of it. I would definitely feel more afraid being alone there. I remembered the line from the email: “Don’t look around or hang about too long!” I wondered whether or not this idiot was hiding somewhere in the darkness with a trench coat on and a seventies porn mustache ready to pounce.

I slid the envelope containing the ¥20,000 under the vending machine.

“Man! T–t-this is crazy!!!”

As Kaiju Host whimpered I wondered to myself why I brought him, of all people, as some sort of security. Then I quickly reminded myself he was Japanese with a penis, and the professor harassing me was most likely American or Canadian, based on his writings. In my mind if the police had any questions, providing this idiot actually did pounce in a trench coat, me being a whore was cancelled out by having a Japanese person with me and maybe I would have a fair chance.

I went home that night and emailed the idiot professor who somehow thought 20,000 yen was a lot of money to blackmail someone for.

“I’ve given you the money. Please leave me alone”

I stupidly assumed all was well the next day when he responded,  “Great. I’ve got it. I won’t bother you anymore.”

And then silence. I assumed silence was great in this case, until two weeks later when I was contacted again. I know the readers are probably wondering where this story ends, if it’s fake or if I’m really all that stupid for continuously giving into his demands. I’d say a bit of the latter is true.

“You know…I’m starting to think you should um, come to a love hotel once a week or so and give me a free blow job, while wearing an eye mask so you won’t know who I am.”

And I ignored them. The emails got more and more harassing with every day, with about fifty or so emails sent every single day over a week’s time.At this point, I confided with a few friends about what I should do. Whether Japanese or not they all had a theme

“Go to the police. He will lose his job, everything. It’s illegal!”

“Dude this is how people get killed. You need to tell the police or I will!”

As much as I wanted to, as much as I told myself to do so- I couldn’t. I knew the score. Women are stalked in Japan all  of the time and police often do nothing until it’s far too late for the woman. Women have been stalked, beaten and even murdered with the Japanese police and media blaming her post-mortem for “leading him on”. It wasn’t until 2014 that Japan’s stalking laws drastically changed, society will take longer however. So to say I was hesitant on contacting authorities at all in an understatement.

So I did the best next thing.

I impersonated a police officer. This guy seemed like an idiot, so I figured it wouldn’t be too hard to fool him. I searched online for Japan’s laws on stalking and internet harassment. “Bingo!” I found a long bill of text and decided to use it. There was a lot of complicated wording in it, but it didn’t matter as long as it looked official to scare him.

I took time to translate the text, because I imagined this guy as one of those Western men in Japan who took zero time to learn anything beyond “Areegatoe” and broken pick up lines to use on obviously resisting Japanese women.

“Haha” it was so funny how official the penal code looked. I even added in Japanese and English: THIS IS AN OPEN POLICE INVESTIGATION. LAW ENFORCEMENT ARE LOOKING INTO YOUR ACTIVITIES AND HAVE TAKEN CONTROL OF THIS ACCOUNT.

He responded almost instantaneously, “I’m sorry can we reverse this somehow? I was just kidding.”

Thankfully, I never heard from him ever again. But it still haunts me. My legal name isn’t public knowledge and it isn’t something I even used within university. This was someone with access to my legal documents, my Instagram, my twitter and was most likely a lecturer, as he claimed himself. Everyday at University from that point, I wondered, “Is it him?”

The university I went to wasn’t renowned for having a great administration or anything. There were so many strange people there. I had far too many theories on who it might have  been and far too many unusual suspects.  Maybe you don’t have sympathy for me because you don’t like sex-workers and don’t believe people should have the right to full autonomy of their bodies. But the sin of having consensual sex, for money shouldn’t be one that has so much shame attached that it could lead to someone in authority blackmailing a student.

A part of me laughs a bit though, at the entire experience and wondering if he was scared shitless for a few months worrying if it was the day law enforcement would come question him. Or maybe he didn’t care at all.

At least he left me alone.

 

The Eternal Outsider :Ten Years Black in Japan–a book review

by Kaori Shoji

Trevor David Houchen was an expat in Nagoya for about 8 years before getting divorced from his Japanese wife. He tried to get joint custody of his two young children but was defeated in court and went the way of other divorced dads in Japan i.e., a six-hour long, unsupervised meeting once a month. After some mental health issues and a string of failed relationships, Houchen decided that he was through with Japan and vice versa. He boarded a plane back to the US and in LA, started writing what would become “The Eternal Outsider – Ten Years Black in Japan,” and remarried another Japanese woman. (Editor’s note: The book bears some similarity to Black Passenger, Yellow Cabs, previously reviewed here).

Houchen and his wife now live in Atlanta. His book – a hefty 508 page volume packed with explosive sex scenes and lengthy, soul seaching monologue, came out this month via a self-publishing company in New York. Houchen hopes the book will provide a passage back to Japan that will lead to a reunion with his kids. He hasn’t seen or heard from them since leaving Nagoya nearly five years ago.

Houchen’s story is by no means unique – an interracial marriage gone sour followed by an exit out of the archipelago is a tale oft-told by foreign men. Ditto the separation from the children which has become a huge problem in the past 5 or so years, despite the Hague Convention. Barring extreme and/or extenuating circumstances, Japanese courts favor Japanese mothers when it comes to child custody rights. And foreign-born parents are almost always banned from taking their kids out of the country.

Houchen’s plight is sad but “The Eternal Outsider” isn’t out to invite reader sympathy, not least from the presumed target audience of American males interested in Japan. Many will pick up the book, just from the photo of the Japanese-looking young woman wearing that classic Japanese expression which can be both a come-on and a signal of distress. Once they dip into the pages though, resentment may come bubbling up like coffee in an old-fashioned percolator. Houchen is black American, and through the book he inducts the reader into a whole other world of foreigner male entitlement that exists in East Asia. For many Japanese (and other East Asian) women, dating a white man equals romance and prestige. But dating an African American – now that brings some SERIOUS cache. Among other things, it broadcasts that the woman is earthy, sassy and adventurous enough to try dreadlocks. It also means she rocks – mainly in the sack which is the most important place to rock anyway. A friend of mine who once dated Kevin-from-Bushwick gleefully declared: “I feel like my butt is now 10 centimeters higher than it used to be!” To get that effect the rest of us would have to spend 100 hours in a Cross fit class.

Which is part of the reason why Houchen was able to experience what he describes in the book – never saying no to a bevy of Nagoya beauties who literally break his door down in order to share his bed. Sometimes, he has to do the work and actually ASK a woman out, but hey, why bother when the answer is ‘hai (yes)’ every single time? Most of them have the good grace to proffer their bodies and ask nothing in return. Many of them pay for his meals and clothes or in one case, gifts him an electric piano. One lover whom he refers to as ‘H,’ plonks down her own cash to support his magazine and music business and picks up the check for everything else.

Houchen’s success rate is phenomenal and you almost imagine him grinning with nostalgia for those golden days or shaking his head in pity at the sorry state of dating in his own USA. Guys not getting any? Guys sending hopeful dick pics to Tinder dates? Seriously, Dudes, just hop on a plane to Japan!

The other part is that Houchen – for all his self-absorbed, sexual predator asshole-ness, is actually a stand-up kinda guy with a real love for this country. He’s nice to his numerous girlfriends, nice to his ex-wife, obviously loves his kids and even tries to get along with his in-laws. This is Nagoya we’re talking about, a region famed for its ultra-conservative attitude towards dating and relationships. Nagoya parents are known for laying down the law when it comes to their children’s marriages and will meddle in everything from baby names to the color of the bath mat in a newlywed’s home. Most of them are NOT thrilled by the idea that their precious offspring could be involved with a foreigner. The fact that Houchen was able to swing a marriage at all is a miracle but as he writes in the book, “No, I’m not Japanese. But I tried. So hard….I tried my best to be invisible, to compact myself into a smaller, paler, less amped and less woke version of myself.”

That worked for awhile until it didn’t. “International Marriages,’ as they’re called in Japan, is still frowned upon by many in the older generation and according to “The Eternal Outsider,” Houchen’s in-laws looked upon him as a sort of disease to which their vulnerable daughter fell victim. There’s a hilarious account of how one day, his mom-in-law showed up at Berlitz, where Houchen was in the middle of teaching, and demanded to see him. Houchen had to excuse himself from class to go out and placate an older Japanese woman who suspected  that he was unemployed and came to check if he was lying. The incident rattled Houchen and he couldn’t recover enough to keep teaching the student. Berlitz ended up firing him.

“The Eternal Outsider” is an engrossing read but speaking as a Japanese woman, many of the pages was torture to get through. Somehow, it reminded me of a news story that was floating around in the mid 1990s, about how easily Japanese women capitulated to foreign men. It goes like this: Six Japanese college students – all young women, went on a holiday trip to Rome. In a restaurant, they were picked up by a local man who invited them all back to his apartment. They went, and he proceeded to have his way with them – all at once, and all on his own. These women weren’t tied up. They simply lay there on their backs while the man whizzed his way from one to another, all through the night. How’s that for stamina?  Houchen talks about how humiliating the divorce was for him, but hello – there’s a sizable amount of humiliation on this end too, except no one wants to talk about it. Houchen’s book certainly doesn’t.

Speaking of humiliation, Houchen fell apart when he discovered that his ex-wife had installed a Japanese man in the apartment they had shared and who was “a good five inches shorter” than Houchen. She had her parents, their kids and this new man who was already being referred to as “Papa.” He describes her united front as “a team” whose very existence drained all joy out of his life in Japan. In the meantime, he never stopped sleeping with any woman who happened to drop in, including a former student whom he used to teach at a local junior high school.

On the one hand, this stuff could be fodder for a hit series on Netflix. On the other hand, you could shrug and say “shouganai (it can’t be helped)” – he got what was coming to him.

Still, I’m uncomfortable about leaving it like that. The book reveals in a deeply observant way how ultimately, Japan and Japanese women refused to be messed around with, particularly by a foreigner. And in the end, Houchen’s wife and copious lovers all vanish like smoke from a pack of Seven Stars: Houchen’s preferred cigarette brand in the land of the rising sun. Sure, he had the time of his life but it was just that – a time. And now it’s gone.

Arjen Kamphuis, a Dutchman, went missing in Norway on August 20. Help find him.

Arjen Kamphuis, “free software advocate, sailor, carpenter, geek and damn proud of it” was last seen in Bodø, Norway on August 20th. He has long blonde hair and glasses. He is 47-years old, 1.78m tall and has a normal posture. He was usually dressed in black and carrying his black backpack. He is an avid hiker. Arjen is a Dutch citizen and did not arrive back home in The Netherlands. If you have any information, please write:

FindArjen@gmail.com

Arjen Kamphuis ble sist sett i Bodø, Norge den 20. August. Han har langt blondt hår og briller. Han er 47 år gammel og er 1,78m lang. Han er vanligvis kledd i svart og har store med seg sin svarte ryggsekk. Arjen er nederlandske turgåere på ferie i Norge.

FindArjen@gmail.com

Arjen Kamphuis was last seen in Bodø, Norway on August 20th

STAY: An African American Film Director Works Towards Finishing A Feature Film in Japan With Crowdfunding

TOKYO – July 16, 2018 Filmsnoir Motion Pictures and Fusion For Peace Productions are proud to share their rewards-based crowdfunding campaign for the independent motion picture STAY, shot in Tokyo by award-winning filmmaker Darryl Wharton-Rigby. The campaign seeks to raise 1500000\ ($15K) to complete final post-production in preparation for distribution and to raise awareness of their collective efforts to change the landscape of the Japanese Film Industry, as Wharton-Rigby is only the second African American to produce a feature film in Japan, in its 100+ years history. To date the campaign has secured over 600000\ ($6K) from supporters on Makuake, the Japanese crowdfunding platform. With just 9 days remaining, in this all of nothing effort, the producers are urgently pleading with the public to support their efforts.

“We are extremely grateful for the contributions we’ve received in response to the crowdfunding campaign for our feature film Stay. Because of generous donations, we are currently close to reaching 40% of our objective,” comments Executive Producer, Christopher Rathbone. “We believe in this film and are excited by the possibilities. Given the global festival acceptance rate and the awards won, STAY has great potential. With continued support, we can maintain this momentum and raise enough funds to complete the project in preparation for distribution and the Japanese premiere.”

The campaign seeks to build a community committed to film diversity and offers a variety of rewards including chopsticks, key chains, posters, screenplay copies, digital downloads, film credits, invitation to private screening as well as lunch with the director and film and it’s star, Shogen.

STAY, a touching romance, the story follows a couple who fall passionately in love over a long weekend.  Ryuu is a Japanese man who is a recovering drug addict, and Hope, is an American enjoying her last days in Japan. The film features emerging Japanese star, Shogen and introduces British model/actress, Ana Tanaka. Lensed by photographer Jeremy Goldberg, STAY, Wharton-Rigby’s second feature film, was shot on the Tokyo streets in fifteen days, guerrilla style. It’s a technique the former Homicide: Life on the Street writer has used throughout his career.

“Shooting STAY in Tokyo on the BlackMagic Pocket Camera made us virtually invisible and allowed us to capture the city up close and personal. We shot on train platforms and trains, Tsukiji Fish Market, ramen shops.  Everywhere,” explains Writer/Director Darryl Wharton-Rigby. “Every day was something new and challenging. We were constantly on edge. I really wanted STAY to feel like it was made by a Japanese filmmaker,” says Rigby.

For the black filmmaker, who lives with his family in Saitama, Japan, this story is personal as his father supervised recovery houses in Baltimore where he grew up. However, after reading aboutthe plight of those dealing with recovery in Japan, he decided that Tokyo would make an interesting backdrop for STAY, while simultaneously promoting diversity and inclusion in the Japanese film industry.

To learn more about Wharton-Rigby’s journey and to make a donation to the crowdfunding campaign by July 26th visit Makuake or go to the link here:https://www.makuake.com/en/project/stay/.

A Short History Of Aum Shinrikyo, their murders, and the failure to stop them

1984 — Shoko Asahara, a visually impaired yogi, forms “AUM Shinsen no Kai,” later renames it AUM Shinrikyo. It mixes elements of yoga, Buddhism, and other religions and begins recruiting college students and intellectuals.

AUM even used manga (comic books) to recruit members.

1987- AUM incorporates in New York City under the name Aum USA Company, Ltd. In the US it attempts to purchase military weapons, develop chemical weapons.

February 1989–AUM members strangle to death, 21-year-old Shuji Taguchi who had wanted to escape the group at its complex in Shizuoka Prefecture.

Nov. 4, 1989 — AUM members acting on orders from Asahara, kill the lawyer Tsutsumi Sakamoto, his wife and their 1-year-old son at their home in Yokohama. The lawyer had been part of growing vocal opposition to the group.

1990 — Asahara and 24 other disciples run unsuccessfully in a parliamentary election. The defeat spurs Asahara to begin plans to take over the country and began developing chemical weapons. The group also began manufacturing methamphetamines and small-scale incinerators  which they sell to the Yamaguchi-gumi and other yakuza groups to raise funds.

1993-AUM purchases a 500,000 acre sheep farm in Australia where they test out sarin gas, leaving behind 29 dead sheep.

AUM begins training helicopter pilots in the United States in hopes of eventually dispersing sarin gas over the Tokyo via helicopter.  Plans for launching an attack within the US are also considered.

June 1994-AUM purchases a helicopter from Russia

June 27 — AUM members test sarin nerve gas in a residential area of city of Matsumoto, Nagano Prefecture. Eight people are killed, 100 injured.

December 12–AUM members kill a member, Tadahito Hamaguchi, with highly toxic VX gas on an Osaka street. He was suspected of being an informant.

January 1,1995–Yomiuri Newspaper publishes on their front page a special report that the police had found elements of Sarin gas in the ground near AUM facilities in Yamanashi Prefecture, linking the cult to the 1994 attack.

February 28,1995-AUM members abduct Kiyoshi Kariya, 68, to find his sister who wanted to leave the group. He dies under interrogation and his body is incinerated in a cult-built microwave heating device. (This and the other murders were later referenced in the series Millennium episode 2, Gehena).

March 20,– AUM members release sarin gas on Tokyo subway system. Thirteen people are killed and over 6000 injured.  Police immediately suspect AUM.

April 23, AUM leader in charge of “Science Technology” and conduit to organized crime, Hideo Murai, is stabbed to death by a Yamaguchi-gumi members in front of the group’s headquarters, while reporters watch.  The spokesman for the group says, “I heard that Murai was killed by the Jews.”

May 5–AUM members plant a cyanide bomb in the bathroom of an underground passage connected to Shinjuku stations, near the ventilation system. The poisonous fumes would have killed thousands if the bomb hadn’t been found.

May 16 — Asahara is arrested.

2000-AUM officially disbands and reforms under the name Aleph.

Feb. 27, 2004 — The Tokyo District Court sentences Asahara to death.

Sep. 15, 2006 — Asahara’s death sentence is finalized.

2007–

Aleph splits into another faction, Hikari no Wa. Later, a third faction of the group emerges.

June 15, 2012 — The last fugitive former AUM member, Katsuya Takahashi, is arrested for his part in the subway attacks.

Jan. 18, 2018 — The Supreme Court rejects Takahashi’s appeal, ending all trials linked to AUM Shinrikyo cult.

July 6, 2018 — Asahara and six others are executed by hanging. Seven members remain on death rows while their cases are being appealed.

 

New Movie “The Trial” (審判)Shows The Kafkaesque Side Of Japan’s Often Criminally Unjust Justice System

If you are unlucky enough to be indicted for a crime in Japan, you’ll find that the system actually works on the presumption that you are guilty until proven guilty. The conviction rate is 99%.  If Franz Kafka was alive today, he’d find that Japan’s courts provided ample material for his pessimistic work. The recently released film The Trial (審判)based on Kafka’s famous work, and directed by John Williams, thus seems tremendously disturbing.

The Trial (審判) is a new film which updates Franz Kafka’s classic nightmarish novel to modern Japan–with great effect.

John Williams is that rare western filmmaker who has chosen to live and work in Tokyo, though he originally came to Japan in 1988 with the intention of saving enough money to go to film school in the US. “I’ve wanted to be a filmmaker since the age of 14,” he said, in the offices above the Eurospace Theater in Shibuya, where his latest work The Trial (Shinpan) is showing. It’s not everyone who keeps a promise made in their teens, but John Williams did just that, albeit in a place very far from his native England.

John Williams is from South Wales  and back in the mid 1980s when he graduated from university, the British film industry wasn’t what you’d call thriving, in fact it was rather gomping. “Actually it was at a very low ebb,” laughed Williams. “Of course in the 90s, works like ‘Trainspotting’ changed the landscape but we couldn’t see that coming just yet. There were practically no film schools for young students and the average age at the National Film School – the only institution for aspiring filmmakers, was 27.” So John Williams decided, like many others before and after him, to study movie-making in the US, specifically at NYU film school. To that end, he needed to get some cash together and Japan seemed like the place to earn it.

Fast forward 30 years and with the completion of “The Trial,” Williams has 5 films under his belt. He also teaches film production/European films at Sophia University’s Foreign Languages Department. But he never did get to NYU since, just like in the Lennon song, life is what happens to you while you’re busy making other plans. By the time Williams got the funds together for New York, he was deep in the throes of life in Japan and travels in Asia. “I was in India when the acceptance letter came and didn’t even see it till I got back. And, well, going to the US seemed to me like a conventional, boring choice. Staying here seemed much more interesting.”

Listening to Williams say that in the Eurospace office, the moment felt like a movie scene all by itself. Eurospace is an iconic Shibuya theater, famed for showcasing indie gems from around the world. There was Wayne Wang’s “Smoke.” Francois Ozon’s “Criminal Lovers.” More recently, it put on “Frances Ha” when few Japanese were even aware of the now Academy award contender Greta Gerwig. And now Williams’ “The Trial” is being shown as a limited release, it will currently be running as the late show every night until the 20th. Given the story (based on the Kafka novel) and weird but intriguing vibe, “The Trial” and the Eurospace venue seem to be made for each other. (Please check with Eurospace website for movie times as they may change).

Eurospace – situated in Maruyamacho, and sandwiched between two love hotels. In fact, every square meter of land in the area is occupied by love hotels. Couples sheepishly stroll around, checking on room prices and curiously eyeing the movie theater. “The Trial” – a film about a young Japanese salariman suddenly condemned for an unnamed crime, and who has a weakness for women and sex.

Otherwise the movie is an invitation to match and compare. Williams does a superb job of superimposing Kafka’s most famous character Josef K., a 30-year old German banker in 1914, onto the life of Yosuke Kimura, a 30-year old banker in present day Tokyo. “It’s present day, but I deliberately made the time frame abstract, almost non-technological,” said Williams. Indeed, Kimura’s hand isn’t welded to his smartphone the way everyone’s is these days, and he almost never looks at a computer screen. Kimura’s main interest seems to be women, as he tries to hook up with every female who crosses his path. His success rate is dismal however, and there’s clearly no emotion or chemistry involved. “I thought about Japanese women a lot when making this movie,” said Williams. “They’re trapped in a society controlled by men. They get so much encouragement to please men and become good wives and mothers, and practically no support when it comes to voicing their opinions or carving out careers.”

Aptly, “The Trial” is wintry and bleak, steeped in various shades of black and gray. Kimura (played with studied excellence by Tsutomu Niwa) even lives in a monotone apartment, devoid of color, clutter or any human warmth. On the morning of his 30th birthday, Kimura wakes up to find two strange men in his bedroom, and they inform him that his “case” is coming up for trial. Kimura has no idea what they’re talking about but in a few days, he receives an envelope summoning him to court the following Sunday. It doesn’t say what time or where exactly and when Kimura finally arrives, the Judge (Ichiro Murata) informs him that he is one hour and 26 minutes late. Kimura is incensed by this, and tries to argue that he cannot be late for an event that doesn’t specify the time. While this is going on, a woman (Shizuko Kawakami) has loud sex with a man in a dark suit in a back room. When Kimura returns to court the next day, the woman crudely seduces him and Kimura is ready to fall for it, until they’re interrupted by the janitor (Ichi Omiya) who tells Kimura that the woman is his wife. Later, Kimura encounters a group of people who are all awaiting trial, and no one seems to have any answers, either to the nature of their crimes or the system that seems convinced of their guilt. Yes, I know – surreal, right?

“For me, it was less about Japan’s judicial system than it was about dealing with the bureaucrats in Tokyo,” said Williams. “And what I’m seeing in Japan right now – the secrecy law, changes in the constitution, the rise of the nationalistic, quasi religious groups – I find all that very creepy. But at the same time, life goes on here. The Japanese don’t seem to paying much attention to this shadow creeping across the country. The metaphorical message of ‘The Trial’ works really well for what we’re seeing in Japan at this point.”–John Williams (photo by Kaori Shoji)

On another level, “The Trial” shows up the very Kafka-esqueness of Japan’s judicial system – the long, grueling process of scrutiny between arrest and indictment, and how, once indictment kicks in, it’s impossible to overturn it*. “For me, it was less about Japan’s judicial system than it was about dealing with the bureaucrats in Tokyo,” said Williams. “And what I’m seeing in Japan right now – the secrecy law, changes in the constitution, the rise of the nationalistic, quasi religious groups – I find all that very creepy. But at the same time, life goes on here. The Japanese don’t seem to paying much attention to this shadow creeping across the country. The metaphorical message of ‘The Trial’ works really well for what we’re seeing in Japan at this point.”

And how. Watching Kimura’s expression shift from incredulity and contempt to finally – defeated resignation, a kind of dread washes over me like a wave in a polluted ocean. The whole thing is maybe a little too close to home.

Editor’s note: One of the dark secrets of Japan’s criminal justice system is that the prosecution in Japan will punt (fail to prosecute) any case that is not a slam-dunk for fear of losing. Sexual assault cases have a particularly low prosecution rate and politicians or high-ranking bureaucrats are often allowed to walk free–including the 39 bureaucrats involved in forging, deleting and altering documents in a dubious land deal involving a right-wing school and the Prime Minister of Japan. The prosecutor who dropped the cases was recently promoted. 

Japan’s Secret Shame (The Story Behind The Story)

Shiori Ito is a brave journalist who has taken on Japan’s rape culture and has pursued justice in her own case. The BBC released a documentary “Japan’s Secret Shame” about Japan’s lack of ability to deal with sexual assault in the country and why her accused assailant was allowed to walk away, even after an arrest warrant on charges of rape were issued by the police. The documentary is hard to view outside of the UK, so if you’d like to know mere, here’s everything you should know until it’s released here. Many of these articles were written for The Daily Beast, which has been supportive of the investigative journalism behind these stories.
Also, it should be noted that weekly magazine, Shukan Shincho (週刊新潮), was the first periodical to write about this story and pulled no punches in accused the administration of Prime Minister Shinzo Abe of blocking a rape investigation.
Below is a list of articles that we’ve written on the case, some at a time, when no other major news media outlet would touch the story.
The stories are in chronological order here and the final entry is being updated when possible.
The cover-up (June 2017)
Shiori Ito came forward to talk about her rape and the lack of investigation of sexual assault in Japan.

Help Support Japan Subculture Online. Reporting on the strange side of the Rising Sun since 2007!

Gentle reader,




Welcome to our semi-annual pledge drive. Japan Subculture Research Center (@japankenkyu) was founded in 2007 by Jake Adelstein and many contributors to expose the hidden side of Japan – its underground economy, its transient and strange trends, its robust sex trade, wacky politics, corruption, social issues, many subcultures, yakuza, host clubs and hosts, Japanese cinema and all the other intriguing and seedy aspects that keep the country running. Balancing commentary, reporting and dark humor–we’re the kakekomitera (駆け込み寺) aka “last resort” of some news stories that no one else will touch. We’ve covered rebel graffiti artists, crusading lawyers, and some real heroes.

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Over the years, articles posted on this website have become books, like Outsiders Among Outsiders and we are pleased to also feature the witty essays and review of Ms. Kaori Shoji, including her seminal short-fiction series, The Amazing Japanese Wife

We would like this summer to support two interns so that we can post more original material and also revamp the layout. We’d like to add a current events section, more book reviews, more informative and provocative essays about Japan, and fund some investigative journalism. Ambitious yes, but we have lofty goals here at JSRC. Please read our manifesto: If you love Japan, make it better. Our mission statement.

Meanwhile, as part of this year’s pledge drive, we are giving away to the lucky two readers who donates before Thursday (drawing by lottery) free tickets to to see Shoplifters with English subtitles and a Q & A, by the director Hirokazu Kore-eda. Your contributions are greatly appreciated, however small or large.

The business friendly Japanese government fails to deal with preventing Death By Overwork. In January, the Labor Ministry did put signs saying” Stop Karoshi” urging an end to death by overwork, “for a society where people can continue to labor”.

If your motto in life is “one good deed a day” (一日一善), here’s your chance to get those good karma points.

Your humble, acting editor-in-chief

Jake

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