Is Japan's government targeting foreign executives?
Nobuo Gohara, Lawyer, Former Prosecutor
11:00-12:00 Wednesday, May 11, 2022
Language: The speech and Q & A will be in Japanese with English interpretation.
First it was Carlos Ghosn and Greg Kelly of Nissan Motor Corp. and now it is Trevor Hill and Alexandre Avakiants of SMBC Nikko Securities. What they have in common is all are foreign executives in top Japanese companies who faced or face allegations of violating laws governing corporate and financial behavior.
Lawyer and former prosecutor Nobuo Gohara sees a pattern in these cases. He says they reflect the increasing risk of criminal prosecution for foreign corporate executives working for Japanese companies as the government, the Tokyo District Prosecutors' Office and the Securities Exchange Surveillance Commission strictly apply Japanese financial and corporate law.
The issue, Gohara says, is that these standards leave too much discretion to the authorities and are often incompatible with practices in the international corporate world. Gohara says the guilty verdict for Nissan's Kelly on March 3 at the Tokyo District Court on charges of helping Ghosn underreport his income lacks a clear legal foundation. Gohara says that the prosecution of Kelly ignored the literal interpretation of financial and securities laws. These factors, according to Gohara, suggest the prosecution of Kelly and Ghosn may have had other motives. (Ghosn never faced trial in Japan as he escaped to Lebanon.)
Gohara will speak at the FCCJ to outline his concerns about the Kelly and Ghosn case, as well as the charges against Nikko's Hill and Avakiants for "market manipulation." He will also give his views on what is behind the government's shift in application of domestic legal standards on foreign corporate executives.
How to attend:
Please register at email@example.com with your name, the name of your media outlet, and FCCJ membership number. Due to space restrictions attendance will be limited. Doors open 15 minutes before the event. Please sign in, giving your name and contact details at the reception, and have your temperature taken before proceeding.
How to watch online: https://www.youtube.com/c/FCCJchannel/live
Livestreaming of the press events will be available and video of this event will be uploaded to our FCCJ YouTube channel.
How to ask questions: https://forms.gle/AhTMK9LHNjB9RFDH9
Members watching the event online can submit questions for the speakers in advance using this submission form.
TV crew: Please make a reservation at firstname.lastname@example.org. Doors open for TV crews only at 30 minutes before the event.
Professional Activities Committee