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More Eyes On Yakuza's Role In Japanese Economy |
This article orginally appeared in Japan Economic Institute, May 8, 1992
Organized crime groups in Japan -- known loosely as the
yakuza -- in recent years have proven to be far more than gangs
of thugs that oversee extortion, gambling, prostitution and other
"traditional" gangster activities. Developments during the past
year have revealed that the yakuza, having bought up real estate
and stocks in the late 1980s, are playing a bigger hand in the
Japanese economy. While organized crime groups for much of the
postwar period have enjoyed an unusual degree of tolerance by the
Japanese public as well as the police, recent scandals involving
billions of yen linked to yakuza-related firms or individuals
have sounded alarms in Tokyo. There is increasing concern in some
business and government quarters that the Japanese underworld is
developing the sort of financial muscle that could threaten the
economic order.
American law enforcement officials, too, have an interest.
Alarmed by growing yakuza involvement in the United States, these
officials have begun to work with their Japanese counterparts to
crack down on the Japanese mob's alleged collaboration with
ethnic crime groups involved in drug trafficking and other
illegal activities here. Another goal is to uncover the yakuza's
money laundering investments in this country.
Japanese law enforcement officials have been virtually
powerless to prevent the yakuza's growing involvement in
mainstream business and financial circles because there are no
statutes in Japan that prohibit racketeering or money laundering.
The National Policy Agency hopes that the Boryokudan
Countermeasures Law, which went into effect March 1, as well as
two narcotics-related bills enacted last October will give the
police some legal weapons to curb organized crime activities.
Some Japanese observers contend that the new laws are toothless
and will have no impact on yakuza activities. Others see a change
in attitude toward the yakuza by a Japanese public increasingly
fed up with gang-related violence and apparent yakuza collusion
with big business and politicians.
Yakuza in Japan: "Organized" Crime That Is Out in the Open
Organized crime groups in Japan over the years have been
romanticized in movies and popular fiction as modern-day samurai.
With their flashy suits, penchant for Western luxury cars,
"punch-permed" hair, elaborate neck-to-knees tattoos and
ritualistically mutilated fingers, these contemporary Japanese
gangsters are painted with the panache of feudal warriors-cum-Al
Capone. Today's gangs, in fact, are descendants of Tokugawa-era
gamblers (bakuto) and street peddlers (tekiya). Gamblers used
the term yakusa to denote a worthless outcome; according to
legend, the word describes the worst possible score in a medieval
card game -- 8-9-3 or, in Japanese, ya-ku-sa. The term later was
applied to the gamblers themselves to mean they were useless to
society. Over the years the word yakuza gained wide use among the
Japanese public as a generic name for bakuto, tekiya or general
crime groups in Japan.[1]
1. David E. Kaplan and Alec Dubro, Yakuza: The Explosive
Account of Japan's Criminal Underworld (Reading,
Massachusetts: Addison-Wesley Publishing Co., 1986), p. 24.
The exotic appearance of yakuza members and their peculiar
samurai-type rituals (the top of a gang member's smallest digit
is severed and presented to his leader as atonement for a
grievous error) certainly distinguish the Japanese mob from
underworld syndicates based in the United States and Europe. Like
their Western brethren in crime, however, Japanese gangsters
traditionally have derived most of their income from illicit
businesses, such as gambling, trafficking in drugs and guns,
prostitution and pornography. The yakuza in recent years have
diversified this portfolio of illegal activities to include loan
sharking, company racketeering and extortion-type intervention in
civil disputes and real estate transactions.
The Japanese mob's involvement in this array of criminal
activities does not surprise authorities on organized crime. What
has intrigued non-Japanese law enforcement observers, however, is
how groups devoted to theft writ large have been able to acquire
the size, structure and aboveboard operating style that the
yakuza enjoy today in Japan. The National Police Agency estimated
membership in 1988 in the country's approximately 3,400 organized
crime groups at roughly 100,000 people. The three largest groups
are the Kobe-based Yamaguchi-gumi and the Sumiyoshi-Rengo-kai and
the Inagawa-kai, both headquartered in Tokyo. NPA indicated that
the Yamaguchi-gumi four years ago had 20,826 members and 737
affiliated groups, a figure that probably has not fluctuated much
in the intervening period.[2] While the membership totals
represent a significant drop from their mid-1960s high
(approximately 180,000 members of all organized crime groups),
the size of the yakuza is impressive when compared with the
estimated 20,000 members of organized crime in the United States,
which has nearly twice Japan's population, according to
Department of Justice data.
2. National Police Agency, "Organized Crime Control Today
and its Future Tasks," White Paper on Police 1989 (Tokyo:
1989), p. 4.
As indicated by Charts 1 and 2 [PLEASE CONTACT GATEWAY JAPAN
FOR THESE CHARTS] yakuza gangs are highly organized entities that,
in time-honored Japanese style, emphasize hierarchical ties and
oyabun-kobun relations between superior and subordinates.
Oyabun-kobun, which literally means parent-child, is a term
developed by anthropologists to describe a dependent relationship
between two people, in which the oyabun provides protection and
guidance to the kobun, who reciprocates with loyalty and service.
This has maintained a level of discipline and order within
Japanese crime groups that some Western law enforcement officials
contend they never have seen in the U.S. or the European
underworld. Experts note, however, that the subgroups enjoy
considerable autonomy, which, in turn, generates competition
within the gang and occasionally breaks out into turf disputes
that must be mediated by the oyabun.[3] In the final analysis,
however, the aspirations of a particular subgroup or subgroup
leader always are subordinated to the gang's overall interests
and the oyabun's desires. A godfather in the U.S. mob, in
contrast, has no guarantee that he will not fall victim to
intergang rivalries given the comparatively weaker discipline and
the different concept of loyalty in most American organized crime
groups.
3. Robert Delfs, "Clash of Loyalties: Complex Structure
Makes for Loose Control," Far Eastern Economic Review,
November 21,1991, p. 34.
Chart 1: Yakuza Subgroup Structure
PLEASE CONTACT GATEWAY JAPAN FOR THIS CHART
Chart 2: Explanation of Yakuza Terminology
PLEASE CONTACT GATEWAY JAPAN FOR THIS CHART
In terms of operating style the yakuza are not back-alley
outfits; they function like large corporations. Like any major
business enterprise the crime groups maintain offices that
prominently display each group's logo. Members sport lapel pins
and carry business cards identifying their positions within the
syndicate. Some gangs even publish their own magazines and
internal telephone directories. The almost 9-to-5 normalcy of a
typical yakuza member's day contrasts with that of American
ethnic crime groups, which often conduct business in
out-of-the-way places and at unusual hours.
Like their counterparts in the legitimate business world,
Japanese crime groups appear to be highly profitable entities.
While estimating income is difficult given the largely covert
nature of yakuza activities, NPA speculated that in 1989 Japanese
organized crime groups earned at least Y1.3 trillion ($9.6
billion at Y135=$1.00).[4] Of this total, Japanese police
estimate that about one-third comes from the sale of drugs
(primarily amphetamines), another third derives from gambling,
extortion and intervention in civil affairs and the remainder
comes from miscellaneous activities (see Chart 3).[PLEASE CONTACT
GATEWAY JAPAN FOR THIS CHART]
4. National Police Agency, op. cit., p. 16.
One of the main reasons that the yakuza can operate
"aboveground" is because the groups are not illegal. There are no
statutes in Japan comparable to this country's Racketeer
Influenced and Corrupt Organizations Act of 1970. RICO authorizes
U.S. law enforcement officials to investigate and to ultimately
arrest any individual, partnership, corporation, association or
other legal entity as well as any union or group of individuals
"associated in fact" for engaging in a pattern of criminal
activities in furtherance of racketeering. Organized crime
experts also note that weaknesses in Japan's criminal law also
have made it difficult to prosecute the perpetrators of bribery,
extortion, money laundering or other yakuza lines of business.
Public Acceptance - Until recently there has been an
unusally high degree of tolerance by the Japanese public for the
yakuza. As long as mobsters did not prove too disruptive, the
police, in particular, stayed out of their way. Some analysts
attribute this acceptance to the yakuza's skill at public
relations and the fact that the public has come to rely on
gangsters to satisfy certain economic, political, legal or
societal needs that the government cannot, or will not, address.
For most of the postwar period Japanese gangsters have been
able to play up their image as champions of the downtrodden and
the outcast. This reputation, some Japanese might say, is
well-deserved since Japanese crime groups historically have been
havens for burakumin (a type of "untouchable caste" that in
feudal times worked at jobs considered "unclean," such as leather
tanning
and undertaking). In modern times the yakuza also have provided a
"home" for some Japanese residents of Korean descent and
working-class dropouts and other youth unable to succeed in
Japan's highly competitive precollegiate educational system.
Although most Japanese probably would say that they would
not want mobsters as next-door neighbors, some observers have
detected a tacit appreciation for the fact that the yakuza
perform a type of social service. The crime groups, in effect,
corral potentially disruptive societal elements and, through
their emphasis on oyabun-kobun relations, help to discipline
ruffians and minimize violent acts against ordinary people. Some
observers even go so far as to credit the yakuza with helping to
keep Japan's crime rate one of the lowest in the world, although
other analysts believe that in Japan, as here, much crime goes
unreported, particularly in areas such as bribery and
extortion.[5]
5. Kaplan and Dubro, op. cit., p. 182.
Possibly buying into the yakuza's Robin Hood image, ordinary
Japanese citizens at times turn not to lawyers and the courts but
to mobsters to help them resolve civil disputes that would be
extremely difficult, time-consuming and expensive to pursue
through the Japanese legal system. These disputes primarily
concern private and commercial debts and personal injuries,
although organized crime experts also believe that the mob is
involved in the settlement of most automobile accident cases. For
example, gangsters might be retained by an injured party to
affect timely compensation from a party seen to be at fault,
using either tacit or overt harassment. While the yakuza in these
instances may be regarded as filling a need created by the dearth
of lawyers in Japan, gangsters -- being outside the law -- also
have been known to initiate traffic accidents as one means of
extorting money from people. The yakuza's motives rarely are
above reproach. One could argue that gangsters, in fact, have
learned how to exploit effectively the Japanese tendency to
utilize personal relations, rather than legal measures, to
resolve disputes.
Collaboration with Police - Some authorities on Japanese
organized crime also have attributed the apparent hesitancy of
Japanese police to crack down effectively on yakuza activities to
the mob's ability to function as an alternative police force.
Eric Von Hurst, a criminologist and long-time resident of Japan,
says that Japanese police are terrified by "unorganized" crime.
"... [T]here's so little street crime here [because] gangsters
control the turf and they provide security," Mr. Von Hurst
maintains. "If some hoods come around the neighborhood and start
making trouble, chances are the yakuza will reach them first.
Japanese police prefer the existence of organized crime to its
absence."[6]
6. Kaplan and Dubro, op. cit., p. 163.
This is not to suggest that Japanese police completely look
the other way when it comes to the mob. Over the years Japanese
law enforcement officials, who have been admired the world over
for their high standard of discipline, have staged numerous raids
on various yakuza offices. These assaults have tended, however,
to be more a show of police muscle than a genuine attempt to shut
down gangster operations.[7] Relations between Japanese police
and the yakuza are complex; each side evidently has something
akin to respect for the other. Like certain elements of the
civilian population, some Japanese police officers admire the
yakuza's adherence to a feudal-era code of chivalry. Likewise,
Japanese mobsters for whatever reason from time to time will turn
in a member of a gang to help the police "solve" a case. In one
expert's words, there exists a "symbiosis" between police and
mobsters that has served to legitimize the position of the yakuza
in Japanese society.[8]
7. Kaplan and Dubro, op. cit., p. 162.
8. Kaplan and Dubro, op. cit., p. 163.
Political Ties - Another symbiotic relationship that may
help mobsters stay in business for years to come is that which
reportedly exists between the yakuza and certain politicians. In
Yakuza: The Explosive Account of Japan's Criminal Underworld
David E. Kaplan and Alec Dubro provide one of the few historical
accounts of the development of yakuza ties to the political world
during the postwar years. According to the authors, ties between
crime groups and ultranationalist politicians developed in the
1930s. These close relations continued after the war due, in
part, to the decision by Occupation authorities to use rightists
(and their yakuza allies) to help secure Japan against possible
left-wing uprisings.[9]
9. Kaplan and Dubro, op. cit., p. 52.
Perhaps the best-known case of underworld involvement with
political figures is the bribery scandal in the early 1970s
involving Lockheed Corp.'s attempt to win All Nippon Airways Co.,
Ltd.'s business. A key figure in this affair was Yoshio Kodama, a
liaison between politicians and underworld groups. Using money
from Lockheed, Mr. Kodama, whose power and influence with
gangsters as well as politicians remains unmatched even after his
1984 death, targeted payments to key government officials --
including former Prime Minister Kakuei Tanaka -- and employed the
yakuza in a variety of capacities (disrupting ANA stockholder
meetings, for example) to ensure that ANA selected Lockheed's
TriStar L-1011 wide-bodied jet over the competition's planes.
The blowup of the Lockheed affair may have been Mr. Kodama's
undoing, but his behind-the-scenes work appeared to establish
some fairly enduring ties between gangsters and politicians.
Messrs. Kaplan and Dubro, in fact, contend that use of organized
crime members in Japanese politics, although not as blatant as
during the 25 years following World War II, nevertheless
persists. Today, they say, yakuza members often are employed as
fund-raisers, bodyguards and campaign workers.[10] Like the
police, some politicians simply regard the Japanese mob as
performing a necessary service, an attitude that has allowed the
yakuza to continue their operations "above- ground" and
unfettered.
10. Kaplan and Dubro, op. cit., p. 116
The Japanese establishment feigned shock in the early 1970s
at reports of a former prime minister and two other ruling
Liberal Democratic Party politicians guaranteeing bail for a
Yamaguchi-gumi boss convicted of murder. That case involved not
only ex-Prime Minister Nobusuke Kishi but the then chairman of
the lower house Court Indictment Committee, Umekichi Nakamura.
Reports of such associations continue today. More recently the
Japanese press reported that an ex-private secretary of Hiroshi
Mitsuzuka, a former foreign minister and LDP faction leader,
solicited the services three years ago of a high-ranking yakuza
member to pressure a Tokyo publisher to suppress a book exposing
corrupt practices at a high school in Mr. Mitsuzuka's district.
Although the gangster-politician link originally began on
the far-right side of the political spectrum, that ideological
pull apparently is not as strong anymore. A photograph published
last summer by a popular magazine showed Keigo Ouchi, chairman of
the Democratic Socialist Party, paying a courtesy call on a
leader of a gang affiliated with the Inagawa-kai during the
February 1990 lower house election campaign.
Business Relations - A relationship of mutual benefit also
exists between the yakuza and legitimate business. The yakuza
long have exercised control of sorts over the day labor market
and stevedores. This control makes the yakuza a force that
construction and shipping firms must recognize. As a result,
Japanese gangsters have acquired considerable clout at least in
the construction industry. In view of Japan's impending labor
shortages, analysts say, construction companies probably will
depend even more on the yakuza to find ways to get around the
country's strict immigration laws so that Southeast Asian and
other immigrants can be used on construction projects considered
dirty, dangerous and low-status by many Japanese. Japanese
mobsters also reportedly have been used by construction interests
to monitor dango, the industry's practice of rigging bids for
public works projects. The construction industry historically has
been a strong financial supporter of the LDP, a situation that
may or may not allow for indirect or direct linkages between
politicians and the yakuza.
Real estate developers also have retained yakuza specialists
known as jiageya (land-raising specialists) to induce stubborn
owners or tenants to vacate land needed for new projects. "We
needed jiage professionals because Japanese law favors the
tenant," a senior officer at a major Japanese bank has been
quoted as saying. "Although at times this involves some mental
harassment, these activities are perfectly legal and legitimate,"
he said.[11] If one visit by a yakuza member is insufficient to
scare an occupant into moving, the jiageya might then resort to
late night telephone calls, threats or other harassing conduct.
The use of these specialists has proven to be a double-edged
sword for developers, however, as jiageya activities afforded
Japanese mobsters the foot in the door they needed to become
11. Robert Delfs, "Feeding on the System: Gangsters Play
Increasing Role in Business and Politics," Far Eastern
Economic Review, November 21,1991, p. 28.
directly involved in the real estate market -- a development some
observers maintain helped to fuel the property "bubble" of the
late 1980s.
In the same vein a company's use of another kind of yakuza
specialist, a sokaiya, can be a mixed blessing. Anyone known to
frequent corporate stockholders' meetings might be considered a
sokaiya, a designation that does not necessarily imply yakuza
membership. The yakuza-related sokaiya specialists once extorted
money from companies by threatening to disrupt their annual
meetings. Moreover, companies that cooperated with the sokaiya
sometimes relied on these individuals to block questions from
legitimate stockholders on matters that the company considered
embarrassing. When Japan's Commercial Code was revised in October
1981 and payments to sokaiya were deemed illegal, the yakuza
reduced their focus on this no longer highly profitable line of
business. This makes the results of a recent NPA survey all the
more significant. The survey showed that nearly one-third of
2,000 respondents admitted that they still paid sokaiya as much
as Y100 million ($740,700) annually.[12]
12. Ibid., p. 29.
In recent years a new kind of symbiosis also has developed
between Japanese organized crime and financial lending
organizations. Until the 1980s it was difficult for an individual
to secure a loan from a bank. This created a prime market for
yakuza sarakin or loan sharks. Again, ordinary Japanese were
willing to deal with this kind of unsavory character because it
satisfied a need unmet by the existing financial system. It
should be noted, however, that even the threat of harassment or
strong-arm tactics that sarakin were known to employ, combined
with the importance that the Japanese place on "saving face," was
enough to cause many debtors to commit suicide if they knew they
would be unable to make their payments.
Although Japanese banks considerably expanded their
commercial and consumer lending in the 1980s, many institutions
evidently lacked the tools and the resources to conduct proper
credit risk analyses. The result was an accumulation of
nonperforming loans. Rather than write off these loans, some
banks sold their bad debts to the yakuza packaged with new loans
that were several times larger than the size of the bad
debts.[13]
13. Delfs, "Feeding on the System," op. cit.
"Bubble Economy" Allows Yakuza to Make a Move on Legitimate
Business
Given the Japanese public's apparent acceptance of the
underworld and the general awareness of the breadth of the
yakuza's relations with the establishment, people were not
necessarily alarmed at revelations last summer that Nomura
Securities Co., Ltd. and Nikko Securities Co., Ltd. had done
business with Susumu Ishii, the late boss of the Inagawa-kai.
Similarly, the mid-February 1992 news that Tokyo Sagawa Kyubin
Co., Ltd. had ties to a golf course developer affiliated with Mr.
Ishii's groups was not stunning. What flabbergasted many in Japan
and elsewhere, however, was the magnitude of the money involved
in both deals.
Appearing before the Diet last July to answer legislators'
questions concerning the securities firms' practice of
compensating clients for trading losses, Setsuya Tabuchi, then
chairman of Nomura Securities, revealed that his firm and Nikko
Securities loaned Mr. Ishii a total of Y36.2 billion ($268.1
million) via subsidiaries and then executed some stock trades on
his behalf aimed at reaping windfall profits by promoting shares
of Tokyu Corp. (see JEI Report No. 29B, August 2, 1991). Although
Mr. Tabuchi resigned to accept responsibility for his company's
behavior -- which was not ruled to be the more serious charge of
stock manipulation (see JEI Report No. 40B, October 25, 1991),
this gesture did little to soothe worries rippling through the
business community and the government. A major component of these
concerns was that the yakuza had acquired the financial muscle to
interfere with the operation of Japan's stock markets. As one
authority on Japanese organized crime remarked, "[T]his is an
extraordinary amount of money to make available to the underworld
... it's like Citicorp or Merrill Lynch providing financing to
New York's Gambino crime family ..."[14]
14. David E. Kaplan, "International Mob Money: Japanese
Organized Crime Moves into High Finance," The Journal,
October 1991, p. 52.
In the same vein crime experts stress that the really
disturbing aspect of the Tokyo Sagawa Kyubin case is that the
company extended loans and loan guarantees of more than Y30
billion ($222.2 million) to an underworld entity. The ability of four individuals
associated with the company to allegedly line their own pockets
in a major way was minor in comparison (see JEI Report No. 7B,
February 21, 1992). In Mr. Kaplan's words, "this would be like
Federal Express Corp. giving a $1 billion loan to the Lucchese
family.... How would we feel about that?!"[15]
15. Telephone interview with David E. Kaplan, April 22,1992.
Some observers point out, however, that the yakuza's move
into legitimate business has been building over time. NPA's 1989
white paper noted that the ratio of legal sources of revenue to
gangs' total income -- about 20 percent three years ago (see
Chart 3)PLEASE CONTACT GATEWAY JAPAN FOR THIS CHART -- has been
rising gradually since the mid-1980s, "suggesting that gangsters
are penetrating society."[16] To take advantage of the boom in
real estate prices in the late 1980s, for example, gangsters
established numerous paper companies that, while perfectly legal
corporate entities, nevertheless served as fronts for yakuza
efforts either to maximize income through profitable investments
(like most savvy investors) or to launder money from illicit
ventures, or both.
16. National Police Agency, op. cit., p. 20.
Mr. Kaplan has suggested that people often overlook the fact
that Japanese crime groups, like their legitimate business
counterparts, reaped a windfall due to Japan's bubble economy. He
has likened this situation to the American mob's instant wealth
in the 1930s. "Flush with cash after prohibition, the Mafia began
expanding nationwide and investing in legitimate businesses in a
big way," Mr. Kaplan has said.[17] This appears to be precisely
what the yakuza did in the late 1980s.
17. Kaplan (interview), op. cit.
The mob also found it expedient and profitable to hide their
ill-gotten and legal loot in stocks by trading through dummy
entities. The Japanese business community received a wake-up call
two years ago when one of the Yamaguchi-gumi dummy companies
became the second-largest shareholder in a major textile company.
By October 1990 Tensho Enterprises, which operates from the
apartment of Yamaguchi sobs Yoshio Asuma, quietly had accumulated
some Y20.5 billion ($151.9 million) worth of stock in Kurabo
Industries, Ltd. Prior to the Nomura/Nikko revelations Japanese
authorities regarded this as the largest known case of gangster
activity in companies listed on the Tokyo Stock Exchange.
However, since there was no evidence of unlawful conduct --
Tensho purchased the Kurabo stock just as any other investor
would -- authorities could do nothing to contest the transaction.
Some Japanese brokers now estimate that as much as Y486
billion ($3.6 billion) in yakuza money is invested in stocks.[18]
Organized crime experts suggest a much higher figure, given the
proliferation of dummy companies that can be two or three stages
removed from the parent group. The intricate web, in turn, makes
it virtually impossible to calculate with any precision the
extent of yakuza wealth tied up in legitimate investment
instruments.
18. Karen Lowry Miller, "Goodfellas, Japanese Style:
Well-Connected and Twenty Percent Legit," Business Week,
August 26,1991, p. 44.
Mitsuo Goto, president of Nomura Wasserstein Perella, a
joint venture between Japan's largest securities firm and
Wasserstein, Perella & Co., the Wall Street mergers and
acquisitions specialist, recently confirmed that yakuza-related
investment groups have continued to pursue the Kurabo strategy.
Before this year's TSE plunge mob dummy groups had been buying
large stakes in some companies, then demanding to be bought out
at a higher-than-market price, he said. According to Mr. Goto,
mob-related financial groups may hold investments like these in
as many as 150 companies -- stock they are anxious to sell given
falling TSE prices.[19]
19. James Sterngold, "Japan's Rigged Casino," The New York
Times Magazine, April 26,1992.
Japan's stagnant economy and bearish stock markets as well
as the Ministry of Finance's more intense scrutiny of the mob's
legitimate business activities as a result of the Nomura/Nikko
scandals may crimp the yakuza's style. If crime groups really
want to stash their cash in Japan's now-lower priced stock
markets, they risk revealing the dummy corporation connection if
they resort to yakuza-style harassment in an effort to unload
their devalued stocks.
Yakuza Stretch Tentacles Overseas
Like most growth-oriented enterprises, the yakuza have not
confined their illegal -- and legal -- business activities to
Japan. In the late 1960s the Japanese mob took advantage of the
sharp
rise in Japanese tourism and began organizing "sex tours~ to
various countries in Southeast Asia. The yakuza also began to
recruit -- or, more probably, to coerce -- women from the
Philippines, Taiwan, South Korea and other Southeast Asian
countries to work as "hostesses" in mob-controlled brothels in
Japan. The overseas push proved similarly lucrative for drug
trading -- primarily of Korean, Taiwanese and other sources of
methamphetamine (known as speed on U.S. streets). Gunrunning also
evolved into a profitable activity since the sale of guns is
controlled so strictly in Japan that the black market price for
handguns can be as much as Y675,000 to Y945,000 ($5,000 to
$7,000). Gangsters typically have bought the guns abroad, mostly
from criminal elements in China, Taiwan, Hong Kong, the
Philippines and the United States, and sold them for exorbitant
prices on the black market back home.
American law enforcement officials maintain that until 1974
yakuza activities in the United States were relatively limited,
both in nature and scope. Not surprisingly, given its geographic
proximity and brisk tourist industry, Hawaii initially attracted
Japanese gangsters. Their focus there was on fleecing their own
countrymen on yakuza-organized tours that included patronizing
yakuza-run bars, restaurants, brothels and other entertainment.
As the yakuza's economic power has grown, however, they have
focused greater attention on picking other fruits from the U.S.
market. In this regard, mobsters found that, partly due to its
heavy tourist traffic, the fiftieth state was a prime market for
selling Asian-made methamphetamine (usually at a cut-rate price
compared to U.S.-made speed) and/or trading these drugs for
handguns.
From its Hawaiian beachhead the Japanese mob has moved on to
the mainland, stopping first in southern California but
continuing its reach up the coast to such cities as San
Francisco, Portland, and Seattle. As the yakuza have cultivated
ties with other organized crime groups operating in the United
States, American law enforcement officials have observed the
Japanese mob in gambling centers, such as Las Vegas and Atlantic
City, as well as in Newark, New Jersey, New York City and Boston.
While the primary focus of the yakuza's dealings with other
organized crime groups still appears to be the trafficking in
drugs and handguns, U.S. officials, aware of the Japanese mob's
expanded activity in the "above-ground" business world in Japan,
have become increasingly worried about the extent to which the
yakuza have been able to commingle their illicit profits with
legitimate Japanese investment in the United States. About 10
years ago American and Japanese law enforcement officials
instituted regular annual meetings, in which they consider ways
of coping with the expansion overseas of the Japanese syndicates.
An early March meeting in Hawaii, in fact, considered how both
sides might step up their efforts to crack down on the yakuza's
trafficking in drugs and handguns as well as the suspected
upswing in the mob's money laundering activities in the United
States.
Over the years American law enforcement officials apparently
have expressed frustration to their Japanese counterparts that
differences in the two countries' criminal statutes are allowing
the yakuza to pull off their capers without much of a hitch.
Specifically, strict Japanese privacy laws have prevented NPA
from confirming whether or not "Japanese investor X" is
associated in any way with the Japanese mob.
Moreover, even if Japanese authorities were able to provide
identification, the proliferation of dummy companies set up by
the yakuza makes it extremely difficult, if not impossible, for
U.S. authorities to trace the flow and the source of investment
funds. Creating further complications and confusion as to who can
seize what from whom, under Japan's current criminal statutes it
is not illegal for a gangster to take his gambling or extortion
proceeds and invest in real estate or any other legitimate
business venture. (As will be discussed below, this no longer is
the case for drug money.)
Japanese organized crime experts stress that the only way to
crack down on yakuza activities in the United States, both
illicit and legitimate, is to continue to pressure Tokyo to
develop laws that are more in accordance with anticrime statutes
in this country. But, as much as NPA may agree and
want to cooperate, this push may hit a brick wall at home. The
apparent ties between and among the yakuza, Japanese business and
some politicians, these same analysts emphasize, in effect
permits the institutionalization of the yakuza overseas. Mr.
Kaplan, who is in the midst of writing a sequel to his first book
on the yakuza, recently remarked that within the last two years
not a week goes by without his receiving a call from some
American business person who is concerned about a
"suspicious-looking Japanese investor."[20] Just as the yakuza
have acquired the financial clout to affect manipulation of stock
prices in Japan, more and more Americans are worried that
Japanese gangsters, through their investment activities in the
United States, eventually may be able to influence market
operations in this country and elsewhere.
20. Telephone interview with David E. Kaplan, April 27,1992.
Anticrime Bill Represents First Step Toward Yakuza Crackdown
There are signs that the yakuza's tacit compact with various
segments of Japanese society may be breaking down. Law
enforcement experts have observed among the public a growing
disillusionment with organized crime groups. The harassment
employed by the jiageya and by mobsters intervening in civil
disputes apparently has begun to take its toll on the ordinary
citizen. Recurring scandals involving mob associations with, or
payoffs to, members of the political elite also have caused many
people to be fed up with the corruption. In addition, the
Japanese have taken pride in the fact that their country appears
to have one of the lowest crime rates in the world. NPA data
comparing trends in reported cases in all categories of crime for
Japan and other countries showed that Japan's rate actually
decreased in the 1976-85 period (2,111 reported cases of murder
in 1976, for example, versus 1,780 reported cases nine years
later), while the U.S. rate rose (18,780 reported murder cases in
1976 and 18,976 in 1985).[21] For this reason, the dramatic
increase during the past 20 years of handgun-related
violence--due primarily to the mob's inroads in gunrunning
operations--has been deeply disturbing to a nation of people that
takes pride in its apparent low level of violent crimes.
According to NPA, the number of intergang clashes involving the
use of handguns skyrocketed from 69 cases in 1979 to 249 in
1988.[22]
21. National Police Agency, White Paper on Police 1987
(Summary) (Tokyo: 1987), p. 2.
22. National Police Agency (1989 White Paper),
op. cit., p. 6.
Partly as a result of the breakdown in public tolerance for
the mob as well as because of Washington's urgings for Japan to
get tough with its underworld elements, the Diet last year
enacted legislation aimed at bringing the criminal code closer to
the RICO model. Two bills, which passed the Diet last October,
focus on drug trafficking. For the first time in Japan's postwar
history police now are able to confiscate property or assets that
were purchased or financed from drug money. Although the
legislation does not allow confiscation relating to other kinds
of illegal income, American law enforcement officials
nevertheless are encouraged by this change. They regard it as an
important step in curbing the spread of organized crime
activities in Japan, with added benefits for the United States.
Under another new law, the Boryokudan Countermeasures Law,
police can designate certain organizations as organized crime
groups based partly on the proportion of convicted criminals
among their membership. (Boryokudan, which means "violent ones,"
is the term preferred by NPA when referring to Japanese
mobsters.) For example, a gang of 50 to 54 people, of which 12
percent have criminal records, officially can be designated as a
yakuza group. Designated groups will be warned not to engage in
extortion or other harassing conduct. Citizens' reports of such
attempts can lead to formal cease-and-desist orders and enable
the police to arrest the offenders. The law still does not make
yakuza gangs illegal; nor does it provide the police with
sufficient authority to go after dummy companies.
Japanese law enforcement officials concede that effective
implementation of the law depends heavily on cooperation from the
public and the business community. In view of the yakuza's long
history of intimidating conduct -- often simply flashing a gang's
business card is enough to frighten a victim into paying up --
NPA realized a pressing need to launch a grass-roots educational
campaign to rally the citizenry behind the law. Although passed
by the Diet in May 1991, the law did not go into effect until
this past March. Soon after that, local antigang organizations
began operations in 17 prefectures. Similar groups expect to be
operating by October in Japan's remaining 30 prefectures.
Funded by local governments and citizens' groups, the antigang
organizations focus on providing interest-free loans to cover
court expenses in trials against mobsters or other compensation
to victims of the yakuza. Similarly, Japanese law enforcement
officials have attempted to recruit private-sector interests to
cooperate with them in implementing the law. Since March 1 banks,
for example, have agreed to screen more rigorously new, large
deposits for signs of mob connections. It is questionable,
however, whether this scrutiny will be effective in tracking the
activities of yakuza-established dummy operations.
The three major gangs reportedly were warned by police well
in advance of March 1 that they would be targeted for designation
as crime groups. In a dramatic show of its commitment to rein in
the yakuza the Osaka prefectural police raided the Yamaguchi-gumi
headquarters in Kobe that day and searched more than 100
locations in the Osaka area. Armed with search and arrest
warrants, about 2,500 investigators seized 1,700 pieces of
evidence, including handguns, drugs and lists of gang members.
They caught only one suspect, however. A boss of one of the
smaller gangs affiliated with the Yamaguchi-gumi was arrested for
violating the security service law.
The yakuza have reacted to the Boryokudan Countermeasures
Law in a number of ways. The Yamaguchi-gumi has taken the high
road. At an early March hearing in Kobe before members of the
Hyogo prefectural police, Masaru Takumi, the largest gang's
second-in-command, declared that his organization has nothing to
do with violent groups. "Our spirit is to help the weak and to
fight evil," he told the police panel. "We sent donations to
victims of the volcanic activities of Mount Unzen and received
letters of thanks from children." Mr. Takumi informed the police
that the Yamaguchi-gumi will challenge the constitutionality of
the antigang law since, in the organization's view, it violates a
person's freedom of association and choice of profession. Law
enforcement officials indicated that the gang's objections would
have virtually no effect on its designations of crime groups.
Rather than following the Yamaguchi-gumi lead, several other
yakuza groups simply have removed their heretofore prominently
displayed signs and adopted a lower profile. Some smaller groups
reportedly have registered with the government as corporations,
naming the oyabun as chairman and listing any number of things to
describe the purpose of the enterprise (for example, jewelry
dealing or security services). One Tokyo gang converted itself
into a right-wing group and held a party to inaugurate the new
political association. Another suspected crime group even
declared itself born again as a new religious sect.
Outlook
Although the yakuza's growing involvement in legitimate
business clearly concerns many Japanese, it remains to be seen
how willing various societal elements are to end what for many
has been a somewhat mutually beneficial relationship. Numerous
observers of Japanese business and politics have remarked that it
is incomprehensible that senior officials of two of Japan's
largest securities companies were completely unaware that they
were providing not-insignificant amounts of money to a leading
figure in organized crime. These analysts are pessimistic that
the business community, despite occasional harassment from
various sokaiya, really wants to completely sever its ties to the
underworld. As one Japanese broker was quoted as saying, "Now
with the markets slumping, how strict can securities companies
afford to get [in checking out prospective clients]?"[23] The
same thing might be said for Japanese politicians, who, until the
nation's election laws are changed, evidently feel they need
yakuza money and muscle to wage their exorbitantly expensive
election campaigns.
23. Paul Eckert, "Anti-Mob Law Takes Effect," Nikkei Weekly,
March 14,1992, p. 2.
The yakuza's response to the new antigang law also concerns
criminal experts. If the gangs try to evade the law by conducting
their affairs in an even more covert manner, monitoring them
could become more difficult; control would be even less likely.
Moreover, the gangs probably will be much less willing to
cooperate with the police in containing street crime and
informing on each other.
This places the burden of successful implementation on Japan's
citizenry. Whether the Japanese people can force the government
to enact laws that would be effective in ending corruption and
allowing justice to prevail remains to be seen.
For further information, contact Barbara Wanner.
The views expressed in this report are those of the author
and do not necessarily represent those of the Japan Economic
Institute.
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