During the meeting in the pricing of auto parts, Mr. X, executives from Japanese suppliers, his accomplice chose waypoints chaos, like a big boy restaurant in the neighboring state.
"This has to be a restaurant, other automakers will never come." Mr. X, who requested anonymity, said. "If they find out I met with other vendors, they will know what we're doing."
It was not long before everyone knows what they are doing.
In the historical high fly to Japan, lived a comfortable life living in the Midwest, is what became dozens by the Department of Justice antitrust United States, one of the biggest white-collar criminals raid spot History.
But the confession of Mr. X and he came with a special discount, fixed price of his time in prison in the United States.
"The story is this:" I know I can always say no, but if you accept a request to go to jail, we will support you 100% if game, losing, I've lost everything, "he said .." But if I did not hit my company, which ... support me for the rest of my life. "
Today, Mr. X did his time, back to business.
Mr. X, but it is very difficult to recover rare. As one after another, suppliers of Japanese cars were hooked, it is an unwritten rule, insiders say, and lawyers sometimes middle managers and supervisors in the fall did not get rewarded dirt on the company aired in public hearing.
Over three years, the international fight against the Japanese monopoly price auto parts manufacturer has shown confidence and undermine the authorities to cooperate in the US, Japan and Europe.
However, some cases of treatment and executives trying to escape legal sanction is also a tendency to expose Japan's business culture is a rare fund still is not in line with international standards.
Imprisoned in Japan
In the United States, has made the fight against history: the Ministry of Justice issued a record fine amounting to just over 24 billion.
Trinity parts suppliers, mostly funded Japanese companies, so that whatever the wiper switch harness, have pleaded guilty or agreed to 346 people since 2011 pleaded guilty to explode, almost entirely in Japan, has been charged. The indictment continues, two people were charged on November 14th.
No one questioned the accused in court; 26 individual consent in lieu of jail. Another 20 have not yet entered in the declaration or otherwise ignoring processing.
Under the circumstances, some executives Automotive News found by the revision are still in Japan, bid rigging by its suppliers be liable for gainful employment.
From early November, companies including Hitachi Automotive Systems Corporation and Mitsubishi Electric Corporation are among those still employed person, directly or indirectly felony charge, which carries 10 years in prison and $ 1 million in criminal fines, the maximum penalty for individuals to sue the US government.
Other providers such as Bridgestone, Tokai Rika Company, Takata Corporation and Toyo Tire & Rubber Company to prosecute individuals, it seems, left the company, but did not respond to allegations of Department of Justice United States.
Others, like Mr. X did his time, industry experts and lawyers said, and then returned to work as a tacit compensation to blame.
The increased pressure
Corporate Indulgence has become a source of international friction.
Assistant US Attorney William Bell increased the pressure, speech in September 10 and warned that its antitrust authorities to consider parole monitoring and enterprise hosting sensitive company executives did not respond to the charges against him.
The United States also did not seek extensive extradition, but the possibility of holding out. The first successful antitrust Fugitive Department of Justice foreign extradited last spring.
Probe exposed corporate culture conflict.
"A US company will not continue to employ these people," Justice Department antitrust officials said the striker. "In the US, they want to fire everyone first. However, this is not the instinct of Japanese companies."
Mr. X agrees, as long as you tell your story not selected. It is not illegal to keep released prisoners are still used in Japan, in the United States.
But in a country, you can improve the problem of corporate governance. And according to his understanding, his company, Mr. X can not speak publicly about his bid rigging in the past. But he said he wanted to talk to warn, so that other people will not go through what he called the "nightmare experience."
For Mr. X, and other US sales manager for Japan, this is second nature for them to hand the vehicle components. This is always the way to do business, he said, do not mess with your opponent's site, that will mess with you is not.
Therefore, Mr X was surprised that his boss told him to have a chat, when the Department of Justice Department of the United States has several problems.
. "This is an internal interview, so I do not hide anything later, they said," Thank you, but please choose a lawyer "recalls About six months later, the FBI raided the offices of US backed. hard disk drives and files.
At this time, the company began to play hard. Mr. X was forced pleaded guilty, he said, partly because the company can expect a fine under if timely cooperation.
In return, the company will take care of his family while he was in prison, find a place for him, after he was released.
"Your offer to when ready, they asked me to be declared guilty," said Mr. X. "I understand, I do not blame anyone."
The aid workers guilty
Legal experts say that this is a common, if not open, practice.
"In most cases, the Japanese are quite relaxed and want to take advantage of the staff's attention," Kimitoshi Yabuki, antitrust lawyer who has represented people in Tokyo repressed bid-rigging and businesses, he said. "The company believes they are the victims of the Justice Department investigation."
Companies often want to retain valued employees, especially young people and their cause before production. But there is also a feeling of solidarity with the Japanese cultural tendency of lifetime employment generated.
The company pays its employees usually legal fees, fines and travel expenses home visits. The case of Mr. X, he said, his company will footed $ 20,000 criminal fine and to support his wife, and he was locked up.
They can also provide a "prison consultant" to teach Japanese businessmen to survive behind bars. Yabuki said: "This is a typical office employee, who never thought they would end up in jail."
However, judging by Western standards, such treatment increases the comb.
"It's like the Mafia," the Japanese executives complained in international parts suppliers. "The boss said, and then return to do after his time. Just because it's the Japanese way, does not mean it is right."
"There is a bit unique."
Compared to the US, the Japanese legal system to go easy on the bid rigging.
In recent years, the Fair Trade Commission of Japan has strengthened its position in all sectors of collusion. And in the case of auto parts, especially who has worked closely with the Department of Justice United States and the European Commission to identify and punish offenders.
However, although the United States has accused 31 companies, was sentenced to 26 people in jail, the Fair Trade Commission has taken only 17 companies in the actions and imprisonment of anyone. At the same time, monitoring by the Japanese seem to have lost momentum. The last action of the Department of Justice United States is November 14; While the recent Fair Trade Commission was in March 2013.
Japan rarely fines or criminal charges against the person. So far in the auto parts counterfeiting Trade Commission filed criminal charges against five persons only, executive producer of ball bearing NSK and NTN Corporation Company
NSK three executives were in jail and probation, and two still NTN defendant to go to trial in early November.
"Japan is a single point system," the official from Japan's Fair Trade Commission said. "The judge here still think that white collar crime is so serious."
The Commission has put more bite behind the bark. The number of its investigation of nearly 2,011 in 2000 to 263 in 2013 doubled to 452, which imposed a fine of 30.24 yen 1,000,000,000 ($ 262.1 million), only $ 80.3 million in 2006 compared to.
Justice Department praised the commission and harder.
"They've been very supportive of us," said a Justice Department official. "It was a very successful research, there are many who have been charged, and according to individual prisons.
"Whenever you are in the case of white-collar crime to go to prison for one to two years to be implemented, these words are very significant," he said.
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