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Saturday, November 23, 2024

Okada avoids court hearings

Japanese billionaire Kazuo Okada was a no-show in all the preliminary investigation hearings at the Parañaque City and Makati City prosecutors’ offices on charges of estafa and perjury.

Records from the Parañaque and Makati City prosecutors’ office showed that in all the scheduled preliminary investigation from December 2017 to February 2018, he did not  appear and but was merely represented by his lawyers.

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After several requests for extension of time, Okada submitted his counter-affidavits through his counsels subscribed before the Hong Kong consulate.

He was issued an Immigration Lookout Bulletin Order by the Department of Justice on Jan. 9, 2018.

In the two-page order, the  Justice department   directed Bureau of Immigration Commissioner Jaime H. Morente to instruct all immigration officers to be on the “lookout/alert” for Okada if he “passes through the immigration counters in any of the international ports and/or seaports” in the country.

“Considering the gravity of the possible offenses he might have committed, there is a strong probability that he may attempt to place himself beyond the reach of the legal processes of the government  by leaving the country, we thus deem the issuance of an ILBO against the subject person  prudent in order to at least monitor the itineraries of his flight, travel, and/or whereabouts,” DoJ Secretary Vitaliano Aguirre said in his order.

The DoJ also directed Morente to coordinate with the National Bureau of Investigation to obtain additional information about the whereabouts of Okada and his travel documents. 

Court records also revealed that in the civil complaint filed by Okada against the directors and officers of Tiger Resort Leisure and Entertainment Inc. (TRLEI), owner and operator of Okada Manila, questioning his ouster from the company, a Motion to Dismiss was filed by TRLEI because of Okada’s refusal to submit pertinent documents and pay the proper filing fees.

Government documents show that Okada is facing two complaints for Estafa filed TRLEI before the Paranaque City Prosecutors’ Office. Another complaint for perjury was filed by TRLEI against Okada before the Makati City Prosecutors’ Office.

The first estafa case stemmed from the alleged illegal disbursement of over US$3 million by Okada supposedly as his consultancy fees and salaries as TRLEI chief executive officer when he assumed the said position in April 2017 to May 2017.

TRLEI alleged that Okada himself within a span of only one month caused the disbursement of the corporate funds through his accomplice, Takahiro Usui, who was then TRLEI president and chief operating officer. But TRLEI pointed out that there had been “no Board resolution, approving or authorizing the payment of (such) astronomical sums to Mr. Okada, whether as consultancy fee or salary. It is clear that (these) amounts received by Mr. Okada were unlawfully disbursed as these were not authorized or approved by TRLEI Board of Directors.”

The complaint also noted that Okada and Usui “upon demand, failed to account for and return the US$3,158,835.62. It is ingrained in jurisprudence that the failure to account for or return upon demand the money or property held in trust created a legal presumption of misappropriation. When property is delivered even by mistake, the recipient has the obligation to return it. If he refuses to do so despite demand, he is guilty of estafa”, TRLEI stated.

The second estafa case involves the supply of light emitting diode (LED) fixtures to Okada Manila by Okada’s company, Aruze Philippines Manufacturing Inc (APMI). Using his influence, Okada was able to get the US$7 million contract to supply the LED fixtures through APMI, which he owns.

The LED fixtures were later found to be defective and APMI turned out to be not authorized to engage in the manufacture of lighting materials. 

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