* * * * * * * * * T E R R I E 'S T A K E * * * * * * *<br>A weekly roundup of news & information from Terrie Lloyd.<br>(<a href="http://www.terrie.com">http://www.terrie.com</a>)<br><br>General Edition Sunday, April 18, 2010 Issue No. 562<br>
<br>+++ INDEX<br><br>- What's new<br>- News<br>- Candidate roundup/Vacancies<br>- Upcoming events<br>- Corrections/Feedback<br>- News credits<br><br>SUBSCRIBE to, UNSUBSCRIBE from Terrie's Take at:<br><a href="http://mailman.japaninc.com/mailman/listinfo/terrie">http://mailman.japaninc.com/mailman/listinfo/terrie</a><br>
<br>BACK ISSUES<br><a href="http://www.japaninc.com/terries_take">http://www.japaninc.com/terries_take</a>, or,<br><a href="http://mailman.japaninc.com/pipermail/terrie/">http://mailman.japaninc.com/pipermail/terrie/</a><br>
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<br>------------- PBXL is Business Communications -------------<br><br><br>+++ WHAT'S NEW<br><br>A most surprising press release came into our email box <br>last week, outlining an event that appears to have gone <br>
unreported here in Japan. The press release came from Molex<br>Corporation, a US$2.6bn leader in the electronic parts and <br>connectors business. In it, Molex outlined a fraud of <br>massive proportions perpetrated by one of its Tokyo-based <br>
finance department managers.<br><br>That's right, here in Tokyo.<br><br>According to Molex's press announcement, the finance person<br>had managed to get unauthorized loans from local lenders to<br>the tune of JPY17bn...! What's more the person was doing <br>
margin trading with the cash and between this and some <br>other cash he/she stole from the company, the losses <br>sustained so far amount to about JPY1.5bn...! Molex says <br>that the person was caught and has admitted to forging <br>
documents to arrange the loans. The company is now <br>investigating the extent of the damage done to see what its<br>final position is. <br><br>The company also speculated in the press release that it <br>might be able to dodge some of the liabilities involved for<br>
the loans because they were unauthorized. However, we doubt<br>things are going to work out so conveniently. Our guess is<br>that the person used the company hanko (seal) to authorize <br>the loans -- which would have been necessary because of the <br>
amount of money involved, and while it may be proved that <br>the loans were unauthorized, if there are losses involved it's <br>not going to be the lender who is going to be responsible for <br>making good on them but rather Molex, due to the fact that<br>
somehow it was possible for the employee to use the <br>company hanko in this way in the first place. <br><br>As we all know, use of a hanko is equivalent to one's <br>signature and as a company the onus is on management to <br>
control its use. Failure to do so would make the company <br>liable. Of course Molex does have the option of seeking to <br>recover the losses from the ex-employee. But we're talking <br>about margin trading, where piles of money can be made and <br>
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<br>The point to realize in this case is that while employee <br>fraud may be rare in Japan, it does happen -- and more <br>often than you might think. When it does happen the <br>amounts of money involved can be large. In Molex's case, <br>
the amount is perhaps as much as 5% of the company's global<br>sales for FY2009.<br><br>The lesson here is that somehow this employee managed to <br>produce documentation sufficient to convince the lender to<br>part with such a large amount of money. Therefore, we can <br>
assume they had access to the company hanko and furthermore<br>that they were effectively able to bypass any checks and <br>procedures in the company as to its use. Although the press <br>release doesn't name the lenders involved, because of the <br>
large sums, we can reasonably assume that they came from <br>a major bank that wouldn't have been complicit in the fraud <br>and these banks are really stringent in their checks -- <br>especially about the use of a hanko. Therefore, the<br>
employee must have been in a position to sufficiently satisfy<br>them that the application was bonafide. <br><br>Therefore we can also reasonably say that Molex probably <br>had insufficient rules and procedures in the firm to <br>
prevent such fraud -- because the employee was able to<br>perpetrate it.<br><br>This is not the first time we have heard of such fraud. In <br>the last 15 years we are aware of at least 3 other cases <br>involving millions of dollars, where the heads or senior <br>
management of each firm involved were quietly "retired" by <br>their foreign employers after being caught doing something<br>VERY naughty. In each case, we can say that the companies <br>involved trusted their Japanese executives to the point <br>
where they stopped checking what they were doing. That is <br>a mistake. Whether it's Japan, China, or another location,<br>every head office needs to have a protective regime in <br>place to reduce the likelihood of fraud.<br>
<br>The bigger the foreign company and the better known they <br>are, the more potential there is for them to become <br>involved in a fraud. This is because an enterprising but <br>dishonest employee can use the firm's reputation to get <br>
the attention of lenders or suppliers at a level that a<br>smaller company would not, and in some cases effect the <br>delivery of actual cash and/or products without even <br>executing an proper contract. Once the executive has made <br>
such a commitment in the company's name, generally in <br>Japan at least it's incumbent on the company to make <br>good for resulting payments.<br><br>So how does one structure to reduce the likelihood of fraud<br>
in a foreign subsidiary? We're not lawyers and would be <br>happy to get feedback from any readers who are, but it <br>would seem to us that there needs to be the following <br>measures taken by ALL foreign companies with a reputation <br>
and cash to protect in Japan:<br><br>1. A representative of the foreign head office should be <br>sitting on the local board of directors, and have the <br>authority to look at all levels and activities of the <br>company -- including (especially) actions by the CEO, <br>
directors, and other senior managers. An ideal job title <br>would be CFO, Legal Counsel, or simply Head Office Liaison <br>Officer.<br><br>2. A properly thought out procedure for the retention of <br>any new vendors and employees -- including multiple reviews<br>
by multiple managers of each, so as to prevent anyone <br>slipping in some unwanted baggage. Local offices should be <br>required to get at least 3 quotes on all new major <br>purchases and to go through a rigorous vendor selection <br>
process (based on competitive bids and selection by <br>committee) once every 1-2 years. For all purchases, credit <br>limits should be imposed and amounts over a certain level <br>need multiple approvals to be actioned.<br>
<br>3. Once vendors are taken on, they need to be instructed in<br>the level of permissions and documentation that are <br>required from the company in order to authorize the <br>acceptance of products and services. If a contract is made <br>
that doesn't follow the procedures, they need to be told <br>that there is a chance that they won't get paid.<br><br>4. Needless to say, the company hanko needs to be kept <br>under safe and key, and can only be released after multiple<br>
permissions from the CFO and another senior manager, <br>preferrably the CEO -- although for a big company this may <br>be impractical. The purpose for using the hanko also needs <br>to be clearly stated in advance. Although this doesn't <br>
prevent fraud, it does increase the chances of early <br>detection.<br><br>5. There need to be regular quarterly audits on cash flow <br>through the business, and yearly audits on business <br>processes and relationships with vendors. Vendors should be<br>
graded according to size, frequency, and relevancy to the <br>business. We know of one case where a leading company's CEO<br>fed business to his girlfriend's company for a number of <br>years, and an audit would have quickly shown this up as <br>
being strange because the payments were so large and the <br>vendor was always the same.<br><br>The common denominator here is that there are multiple <br>people involved in the controls, checks, and operations of <br>the business, and in involving them there is a much higher <br>
chance that the element of discovery will put off an <br>otherwise opportunistic individual. In particular, the CEO <br>and directors are hard to control due to their superior <br>position over local staff and so a foreign staff member of <br>
suitable seniority and empowerment needs to be on hand to <br>make sure that procedures and systems are not sidestepped <br>for convenience by these senior managers.<br><br>The Molex case reminds us a lot of the Lehman <br>
Brothers-Marubeni fraud of April 2008, when it emerged that<br>two Marubeni employees on short-term contracts had <br>convinced Lehman Brothers to invest US$340m into a hospital<br>refurbishment project run by a company called Asclepius. As<br>
it turns out, the duo and another individual were not <br>representing Marubeni at all but had forged documentation <br>to make it appear that they were. What convinced Lehman to <br>make the investment was the company hanko (or something <br>
like it) on company documents, and the fact that some of <br>the meetings took place at Marubeni's offices and therefore<br>gave the impression of legitimacy.<br><br>After the scandal emerged, legal experts quoted in the <br>
press said that a court decision would be based on <br>Marubeni's responsibilities as a company, where under <br>Japanese law firms are liable for the actions of their <br>staff. We don't know what the outcome of this court case <br>
was, and given that Lehman Brothers since went bankrupt it <br>may well be that the case is still be stuck in the courts. <br><br>In any event, the implications for Molex are that they are <br>responsible for the actions of their employee. What might <br>
help them wriggle out of those responsibilities is whether <br>they can prove whether the lender did its homework in <br>making the loan and whether it should have reasonably <br>foreseen the fraud. In this respect, we believe that a lot <br>
will probably hinge on whether or not that employee had <br>access to the company hanko and whether he/she actually <br>used it to get the loans. If he/she did, then Molex has to <br>answer "how was it possible?"<br>
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<a href="mailto:UCsales@lincmedia.co.jp">UCsales@lincmedia.co.jp</a><br>-----------------------------------------------------------<br><br><br>+++ NEWS<br><br>- Companies tax take lowest in 32 years<br>- Population will now fall consistently<br>
- Number of Japanese students studying in USA falls<br>- Vitamin B may reduce heart disease<br>- High-speed book scanner<br><br><br>-> Companies tax take lowest in 32 years<br><br>The Finance Ministry estimates that company taxes around <br>
the nation will total just JPY9.7trn, about half of the <br>JPY18.4trn taxed in FY2008 and the lowest tax income since <br>1977. Experts say that the precipitous drop comes from the <br>FY2008 recession and tax refunds stemming from that period.<br>
The Nikkei says that even if corporate earnings do recover,<br>tax receipts will stay low for a while because companies <br>around the nation collectively hold tax credits (good for <br>7 years after a loss is incurred) of JPY90.8trn. ***Ed: <br>
Corporate taxes usually account for about half of all <br>government tax income and since worker income is also well <br>down, it is doubtful whether the nation's tax take can <br>cover even a quarter of the national budget committed to <br>
earlier this year. You really do have to wonder where all <br>the money is going to come from... More government bonds?**<br>(Source: TT commentary from <a href="http://nikkei.co.jp">nikkei.co.jp</a>, Apr 13, 2010)<br><br>
<a href="http://e.nikkei.com/e/ac/tnks/Nni20100412D12JFF04.htm">http://e.nikkei.com/e/ac/tnks/Nni20100412D12JFF04.htm</a><br><br>-> Population will now fall consistently<br><br>The Internal Affairs Ministry has released data showing <br>
that Japan's population is entering a permanent state of <br>decline, dropping last year by 183,000 people. The <br>population as of October 1st 2009 was 127.51m. Of these <br>people, the net outflow of foreign residents was 47,000, <br>
comprising a good chunk of Brazilian auto workers and <br>foreign bankers leaving Japan for good. Apart from the <br>departing foreigners, the Ministry reckons that 2009's <br>decline marks the start of an accelerating decline in the <br>
general population. ***Ed: Yep, it's started folks -- now<br>how long will it take to get rid of Kamei and his cronies<br>so that immigration can make its rightful contribution to<br>restoring the population balance?** (Source: TT commentary <br>
from <a href="http://nikkei.co.jp">nikkei.co.jp</a>, Apr 17, 2010)<br><br><a href="http://e.nikkei.com/e/ac/tnks/Nni20100416D16JFN01.htm">http://e.nikkei.com/e/ac/tnks/Nni20100416D16JFN01.htm</a><br><br>-> Number of Japanese students studying in USA falls<br>
<br>A Washington Post article confirms what many of us have <br>suspected for some time, that the enrollment of Japanese <br>undergraduates in the U.S. has plummeted by 52% in the last<br>10 years, and for graduate enrollment 27%. This is in stark<br>
contrast to students from China, who are up 164% during the<br>same period and India which is up by 190%. The situation is<br>now so bad that even South Korea with a population of just <br>48.5m people (compared to Japan's 127.5m) has 2.5 times <br>
more students attending U.S. colleges. Experts say the <br>problem is partly economic, partly a perception in Japan <br>that an international degree doesn't have any value in the <br>job market, and partly because kids simply prefer to stay<br>
at home near their friends. ***Ed: Hmmm, "Apathy" would be <br>a good description for this state of affairs. Is it a case<br>of today's kids being too comfortable, or are they just too<br>disillusioned by their prospects to make an effort?** <br>
(Source: TT commentary from <a href="http://seattletimes.nwsource.com">seattletimes.nwsource.com</a>, Apr <br>17, 2010)<br><br><a href="http://tinyurl.com/y7zgj9p">http://tinyurl.com/y7zgj9p</a><br><br>-> Vitamin B may reduce heart disease<br>
<br>A study sponsored by the Ministry of Health and performed <br>by the Japan Collaborative Cohort (JACC) has found that <br>eating foods rich in vitamin B, and particularly those rich<br>in folate and Vitamin B6, could reduce the incidence of <br>
heart disease. The study found that both folate (Vitamin <br>B9) and Vitamin B6 appear to reduce the incidence of <br>Homocysteine, which has been connected to the occurrence <br>of atherosclerosis and the blockage of arteries. The study <br>
found a significantly reduced death rate from stroke, heart <br>disease, and cardiovascular disease subjects who ingested <br>higher levels of B9 and B6. (Source: TT commentary from <br><a href="http://examhealth.com">examhealth.com</a>, Apr 16, 2010)<br>
<br><a href="http://tinyurl.com/y7q9839">http://tinyurl.com/y7q9839</a><br><br>-> High-speed book scanner<br><br>A new scanning system developed by researchers at Tokyo <br>University allows users to scan a book simply by flicking <br>
through the pages. The software automatically adjusts the <br>images for page distortion, correcting them so that they <br>can be processed by character recognition software. Versus <br>the laborious and potentially damaging (for the book spine)<br>
act of placing a book on a scanner, the new system can <br>read up to 500 images per second. That is enough to read a <br>250-page book in just over 60 seconds on a standard desktop<br>PC. ***Ed: Cool -- although maybe not for publishers...!** <br>
(Source: TT commentary from <a href="http://reuters.com">reuters.com</a>, Apr 16, 2010)<br><br><a href="http://tinyurl.com/yym9wqk">http://tinyurl.com/yym9wqk</a><br><br><br>NOTE: Broken links<br>Many online news sources remove their articles after just a<br>
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***------------------------****-------------------------***<br><br>+++ UPCOMING EVENTS/ANNOUNCEMENTS<br><br>------------ Entrepreneur's Handbook Seminar --------------<br><br>Start a Company in Japan<br><br>Entrepreneur's Handbook Seminar 22nd of May, 2010<br>
<br>If you have been considering setting up your own company,<br>find out what it takes to make it successful.<br>Terrie Lloyd, founder of over 13 start-up companies in Japan,<br>will be giving an English-language seminar and Q and A on<br>
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-----------------------------------------------------------<br><br>***------------------------****-------------------------***<br><br>+++ CORRECTIONS/FEEDBACK<br><br>In this section we run comments and corrections submitted<br>
by readers. We encourage you to spot our mistakes and<br>amplify our points, by email, to <a href="mailto:editors@terrie.com">editors@terrie.com</a>.<br><br>No corrections or feedback this week.<br><br><br>***********************************************************<br>
END<br><br>SUBSCRIBERS: 9,187 as of April 18th, 2010<br>(We purge our list regularly.<br><br>+++ ABOUT US<br><br>STAFF<br>Written by: Terrie Lloyd (<a href="mailto:terrie.lloyd@japaninc.com">terrie.lloyd@japaninc.com</a>)<br>
<br>HELP: E-mail <a href="mailto:Terrie-request@mailman.japaninc.com">Terrie-request@mailman.japaninc.com</a><br>with the word 'help' in the subject or body (don't include<br>the quotes), and you will get back a message with<br>
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<br>J@pan Inc is Japan's only independently published English-<br>language business website. Authoritatively chronicling <br>online the business trends in Japan, each posting brings <br>you in-depth analysis of business, people and technology in<br>
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