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Carlos Ghosn: How I escaped Japan

bbc.co.uk

141–150 of 234 posts

Re: Carlos Ghosn: How I escaped Japan

#141
post #82

Earlier quoted context omitted.

Japan's conviction rate is above 99%. If you're arrested you can be held for up to 23 days without access to a lawyer. Japan's justice system is far from perfect.

> Japan's conviction rate is above 99%. Because Japan doesn't have a plea bargain system. That 99% figure is very similar to the conviction+plea bargain rate in e.g. the US.

US is somewhere around 90%. That's not that close to 99%.

Plea bargains are included in conviction counts.

Re: Carlos Ghosn: How I escaped Japan

#142

Earlier quoted context omitted.

I'm making the point that the base rate of criminality needs to be taken into account if you want to compare incarceration rates. For many different reasons people in one society might commit more crime than people in another society. Though I do not use the example myself, preferring the murder rate example, the parent's suggestion is a reasonable way to control for this inter-society difference. I would bet that Ja…

> I would bet that Japanese in the U.S. evince rates of criminality more similar to those of Japanese in Japan than to the rest of American society What makes you believe that? If true, what might cause that to be the case?

I've realized we're probably confused about whether we're talking about Japanese in America vs. Japanese-Americans. I was talking about Japanese in America (the article is about a foreigner in Japan), but I'd make roughly the same claims in either case. Empirically, I would bet that both Japanese in America and Japanese-Americans both show rates of criminality more similar to Japan's than to the remainder of the U.S. population's. In the case of Japanese-Americans, I'd bet it's higher than Japan's. I haven't looked any numbers up or attempted to figure it out in detail.

As for why, there are a few reasons. One interesting one is selection effects (immigrants to a new country are not a random sample of the old country's population). There is culture, of course, probably the biggest factor, as well as other inheritances (material goods / wealth, genes, disease burden...).

Re: Carlos Ghosn: How I escaped Japan

#143
post #117

Earlier quoted context omitted.

Weren't we comparing the rate of incarceration of the Japanese in Japan vs the US?

Japanese Americans are a group that has a sizable population of people who have lived their entire lives in the US. If you think that they would be more likely to behave similarly to people who have spent their whole lives in Japan, the burden of proof is on you, because that certainly is not a mainstream view.

1) Confusion between Japanese in America and Japanese-Americans

2) "More likely to behave similarly" is a considerably wider net than just crime rates

3) I think the mainstream view is that East Asians of all stripes commit considerably less crime than average. It's certainly true of violent crime, which is something I've looked in to.

Re: Carlos Ghosn: How I escaped Japan

#144
post #49

The most curious thing: Why were none of the Japanese executives arrested? Not even briefly for questioning? Ghosn was held for hundreds of days, Kelly is currently undergoing trial. It seems to me that this was a corporate coup with assistance from the prosecutors office. The plan was Ghosn would be arrested, admit guilt straightaway, possibly under some questionable interrogation[1] and then get a fine/suspended se…

The thing I can't believe is that Japan's trading partners like USA, Canada, UK, Europe etc. haven't said boo about this outrageous miscarriage of justice in which the Japanese government has been complicit. As for as I know not one government has spoken out publicly.

Re: Carlos Ghosn: How I escaped Japan

#145
post #49

The most curious thing: Why were none of the Japanese executives arrested? Not even briefly for questioning? Ghosn was held for hundreds of days, Kelly is currently undergoing trial. It seems to me that this was a corporate coup with assistance from the prosecutors office. The plan was Ghosn would be arrested, admit guilt straightaway, possibly under some questionable interrogation[1] and then get a fine/suspended se…

They don't because in Japan they're not as worried about their own citizen leaving the country.

When you get caught stealing something in Japan they will take you into custody for over 20 days, no bail, no nothing. I believe it's 10 days and then 1 or 2 extensions(but I don't remember the details). This only applies to foreigners.

Basically the idea is that the only real punishment they can give you is whatever they can give you for breaking the rules before you flee the country.

But yeah, there's obviously also an aspect of racism there.

Re: Carlos Ghosn: How I escaped Japan

#146
post #106
post #49

The most curious thing: Why were none of the Japanese executives arrested? Not even briefly for questioning? Ghosn was held for hundreds of days, Kelly is currently undergoing trial. It seems to me that this was a corporate coup with assistance from the prosecutors office. The plan was Ghosn would be arrested, admit guilt straightaway, possibly under some questionable interrogation[1] and then get a fine/suspended se…

To top it off Japan extradited US citizens for doing something not considered a crime in Japan! In what world does that happen?

That’s the nature of extradition.

Edit: Why the downvotes?

“If requested by the charging state, US states and territories must extradite anyone charged with a felony, misdemeanor, or even petty offense in another US state or territory, even if the offense is not a crime in the custodial state.”

As far as I’m aware this holds true of international extradition too. That’s kinda the whole point—you can’t escape justice by picking a destination that doesn’t prosecute your crime.

Re: Carlos Ghosn: How I escaped Japan

#147
post #87
post #65

honestly i dopnt think ghosn is really the big issue anyways. as stated in the article this is more about renault than ghosn. he was just collateral, probably because he didnt wanna pick sides . probably wouldn't have been arrested if he stepped down but if you ran 2 different companies in 2 different places would you.

> probably because he didnt wanna pick sides Ghosn was pushing the merger. His plan was the headquarters the merged holding company outside both Japan and France where he would have yet even less supervision. Ghosn pillaged Nissan and Renault, and a merger was his perfect chance to cover the tracks.

Ghosn pillaged Nissan out of bankruptcy.

Re: Carlos Ghosn: How I escaped Japan

#148
post #95
post #93

Earlier quoted context omitted.

Because only Ghosn (considered to) did embezzlement?

The embezzlement charges didn't seem to make much sense when I took a look. Taken literally, sure, maybe he embezzled. But this is a guy who basically set his own salary at whatever number he wanted every year for 20 years. And apparently there was a culture at the top of the company where the executives were able to spend quite freely using company money. If you are able to simply legally pay yourself more if you wa…

Martha Stewart went to prison for insider trading to avoid a loss of $45,673. She was worth in the hundreds of millions at the time.

Re: Carlos Ghosn: How I escaped Japan

#149
post #106

Earlier quoted context omitted.

To top it off Japan extradited US citizens for doing something not considered a crime in Japan! In what world does that happen?

That’s the nature of extradition. Edit: Why the downvotes? “If requested by the charging state, US states and territories must extradite anyone charged with a felony, misdemeanor, or even petty offense in another US state or territory, even if the offense is not a crime in the custodial state.” As far as I’m aware this holds true of international extradition too. That’s kinda the whole point—you can’t escape justice…

[deleted]

Re: Carlos Ghosn: How I escaped Japan

#150
post #95

Earlier quoted context omitted.

The embezzlement charges didn't seem to make much sense when I took a look. Taken literally, sure, maybe he embezzled. But this is a guy who basically set his own salary at whatever number he wanted every year for 20 years. And apparently there was a culture at the top of the company where the executives were able to spend quite freely using company money. If you are able to simply legally pay yourself more if you wa…

Martha Stewart went to prison for insider trading to avoid a loss of $45,673. She was worth in the hundreds of millions at the time.

Martha Stewart went to prison for lying to federal investigators and obstruction of justice, not for insider trading. The "insider trading" (not actually a crime; the actual criminal thing in such cases tends to be "securities fraud") charges were variously dropped or dismissed by the court, depending on the charge.

So she was actually innocent (in the legal system sense, at least) of the crime she was initially accused of, but guilty of obstructing the investigation.

Similar to the Ghosn story, actually: he's guilty of jumping bail and whatnot no matter what's going on with the substantive issue of embezzlement.

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