Japanese criminal lawyer Satoru Ito comments on Julie Hamp's legal situation -- Lawyer-Dotcom-News (Japan)

Law related to drug importation.

Lawyer-Dotcom-news article
Disclaimer: Due to a rush with other work, this translation is rough. Don't rely on the nuances.
...もし違法な薬物と知らなかった場合でも、薬物に関する犯罪が成立するのだろうか。刑事事件にくわしい伊藤諭弁護士に聞いた。

 Is a drug-related crime committed even if a person did not know the drugs were illegal? We asked criminal lawyer Satoru Ito about the details.

●「身体に有害で違法な薬物」と認識していたか

「仮に起訴された場合、あくまで報道からの推測ですが、『オキシコドン』を輸入する認識があったのか、『オキシコドン』が麻薬取締法における『麻薬』に含まれるという認識があったのか（違法な薬物との認識があったのか）という点が、大きなポイントになると思われます」

● Was there recognition that this was an "illegal drug harmful to the body?"

"Presuming there is a prosecution, but now inference is only being made based on news reports, the major points will probably be these: whether Hamp knew that oxycodone was imported, whether she knew that oxycodone was included among the 'drugs' covered by the Narcotics Control Law, and whether she knew that it was an illegal drug." 
伊藤弁護士はこのように述べる。違法な薬物という認識があったかどうかは、どう判断するのだろうか。

「覚せい剤取締法違反の事件で、最高裁判所は、明確な覚せい剤の認識がなかったとしても、『身体に有害で違法な薬物類である』との認識があった場合は、犯罪の故意を認めています（平成2年2月9日決定）。

Attorney Ito described how the the suspect's knowledge of an illegal drug will be determined.

"In the case of violations of the Stimulants Control Law, the Supreme Court recognized a deliberate crime if the suspect knew that it was an 'illegal drug compound harmful to the body,' even though there was no clear knowledge of a stimulant (February 9, 1990 decision)."  

今回の事件についても、輸入した錠剤が、身体に有害な違法薬物類であるとの認識があれば、有罪は免れないものと考えます。

具体的には、検察は、小包の形状や梱包方法、申告書に記載された品名などの状況から、正直に申告すれば輸入ができない物、つまり違法なものであるとの認識があったという立証をしていくものと考えられます」

"Even in this incident as well, if the suspect knew that the imported tablets were an illegal drug compound harmful to the body, the suspect will be found guilty.

Specifically, it is likely that the prosecution will attempt to prove knowledge that it was an illegal item, based on the form of the parcel, how it was packed, the content of the declaration, and that it could not be imported with an honest declaration."
情状による軽減も厳しいのではないか

日本の法律で禁止されていることを知らなかった場合、そのことは影響するだろうか。

「刑法38条3項は『法律を知らなかったとしても、そのことによって、罪を犯す意思がなかったとすることはできない』と定めています。容疑者が日本の法律を知らなかったとしても、それだけで故意がなかったとはなりません。

Wouldn't it be difficult to lighten the sentence based on the circumstances?
If the suspect did not know that it is prohibited by Japanese law, would that have an impact?

"Criminal Code Article 38, Paragraph 3 states 'Even if the suspect did not know the law, it will not mean that they can be judged as not having had an intention to commit a crime.' Even as a suspect did not know the laws of Japan, by itself that will not absolve the suspect from a finding that they had intent."
もっとも、情状により、刑が減軽されることはあります。

ただ、容疑者は有名企業の役員で、高いモラルが求められる立場にあることや、米国においても『オコシコドン』は規制薬物（医師の処方が必要）であることから、もし有罪となった場合、軽減は厳しいのではないでしょうか」

"A sentence is sometimes lightened depending on the circumstances.
But if the suspect is an executive of a well-known company, they are in a position requiring high morals, and on the basis that oxycodone is a controlled substance in the U.S., (it requires a doctor's prescription), if the suspect is found guilty, won't it be difficult to lighten the sentence?"

伊藤弁護士はこのように述べていた。

Attorney Satoru Ito spoke.
（弁護士ドットコムニュース）

Journalist Ryo Kataoka: Let's consider the negative impact on society of "Hillbilly Heroin"

　

Pain killers indeed.

Opinion piece by Japanese reporter Kataoka
[excerpts with unpolished translation]

豊田章男社長が部下を信じていようがいまいが、そんなことに世間は関心がない。トヨタ自動車の常務、ジュリー・ハンプ容疑者が6月18日に麻薬取締法違反容疑で逮捕された事件は、「田舎のヘロイン」と呼ばれる薬物自体に注目が集まるなど悪影響を生んでいる。
「ヘロインと同じ効果があるなら試す価値あり」
「ハワイにいる友達に聞いたら、中毒の一歩手前な感じになるって」

No one is interested in whether the president of Toyota believes his subordinate. But the incident in which a Toyota managing director, suspect Julie Hamp, was arrested on June 18 for alleged violations of the drug control law has already given rise to adverse effects such as focusing attention on the drug itself, sometimes called "hillbilly heroin."

"It's worth a try if it has the same effect as heroin."
"I asked a friend who is in Hawaii, and he said it feels like one more step will lead to addiction."

ネット上で散見されるのは、ハンプ容疑者が密輸した麻薬オキシコドンの錠剤についての話だ。一部で「アメリカのAmazonで普通に買える」という誤報が流されたことで、購入しようとする動きも見られた。

Here and there on the internet are discussions about the tablets of narcotic oxycodone that suspect Hamp allegedly smuggled. Some is misinformation such as "you can buy it any time on Amazon" but there is an obvious trend of people trying to buy it.

ハンプ容疑者は犯罪性を否定しているが、滞在する都内ホテルに国際便で送られた小包は、中身を「ネックレス」と記載し、おもちゃのネックレスの底に39錠もの錠剤を隠すように敷き詰め、ほかにペンダントの小箱の中など、計57錠が入ったもの。常識的に見れば、麻薬を密輸するための偽装であるようにしか見えず、そこまでして入手しようとしていたことが、なお“魅惑の薬物”に感じさせてしまっている。

Although suspect Hamp has denied having any criminal intent, the parcel sent on an international flight to her Tokyo hotel was labeled necklaces but concealed ...a total of 57 tablets. Common sense would tell anyone that the only possible interpretation is that this was a smuggling attempt, and the extreme effort made to obtain the drug gives the strong impression that Hamp was subject to "the lure of the drug."

　最近は合法の範囲で楽しめる“脱法ドラッグ”の流行で、ドラッグ愛好家が急増中。合法モノを入口に、違法な麻薬に手を出す者も後を絶たない。オキシコドンは強い痛みを抑えるために使われる医薬品で、アメリカでは広く処方されていることもあり、覚せい剤などよりずっと入手しやすい。都内のドラッグショップに聞いてみても「アングラな個人輸入業者が取り寄せを始めている」という。

Recently there has been an epidemic of drug use of "get around the law" drugs that can be enjoyed within the bounds of the law. Legal drug use at the start can lead to people seeking illegal drugs at the end. The pharmaceutical oxycodone is used to suppress severe pain and is widely prescribed in the United States, therefore it is much more accessible than stimulants. When questioned, Tokyo's drug shops say that "individual underground importers are stocking up."


...危ないのは、粉末状にして吸ったり、水に溶かして注射すると覚せい剤と似たような感覚に陥るらしく、常用すると病みつきになってしまうと、海外でも注意が呼びかけられています」（前出ドラッグショップ関係者）

"It is dangerous to inhale the powder that gives a sensation similar to injected stimulants, it becomes addictive when used regularly, and there is much attention on it overseas "(drug shop owner)

実際、アメリカではオキシコドン中毒者向けの緩和サプリメントが売られているほど。入について「ヒザの痛みを和らげるため」と供述したハンプ容疑者だが、麻薬的な目的がなかったにしても、この薬の乱用で、すでにオキシコドン依存になっている可能性はあるわけだ。

Oxy addiction relief supplements are actually even being sold in the US, things are so bad. Suspect Hamp said that she got the pills for pain in her knees, but even if she did not have any drug purpose, there is a possibility that the has already become dependent on the drug because she has it without a prescription.

　トヨタはこの女性役員の登用が人事の目玉だったため火消しに躍起。今後は強力な弁護士を立てて犯罪性のなさを主張することが予測されているが、覚せい剤まがいの薬物に関心を高めさせた社会への悪影響も見てコメントすべきだろう。

Toyota's centerpiece of human resources policy was the appointment of this female officer, and now they are eager to put out the fire. Going forward, we can expect a powerful lawyer to defend her, claiming Hamp did not commit a criminal act. But we should also engage in discourse about the adverse social impact of new attention being drawn to a drug that is called "hillbilly heroin."

Kataoka Ryo

Question: Why did Toyota allow the hiring of someone whose alleged acts have raised awareness in Japan of the lure of a drug that could kill many people, like it does in the US, and could harm countless others? 

The Tokyo police speak some more: "No exceptions" for big companies

Police boss.

トヨタ女性役員逮捕　警視庁、大企業相手に「例外なし」毅然捜査　偽装輸送で違法性疑う
Toyota female officer arrested: police say "no exceptions" for big companies
Vigorous investigation   Criminal intent is suspected on basis of disguised package

Yahoo news headlines Sunday 28 June
[here is a rushed translation of the quotes and interesting sentences. The rest of the article text just repeats the background facts. These police are not PR pros--are they??--but here it is for the record.]

　「相応の理由があるから逮捕している。むやみにやっている訳じゃない」
"We arrested her because we had reasons to. We are not acting recklessly."

　ジュリー・ハンプ容疑者の１８日の逮捕から数日後、警視庁幹部はこう話した。
A senior police official said this a few days after Julie Hamp was arrested on the 18th.

　ハンプ容疑者は逮捕当初から「麻薬を輸入したと思っていません」と容疑を否認。だが、別の警視庁幹部は「ネックレスに偽装して送っている。違法性の認識があったはずだ」と話す。
  From the time of her arrest, suspect Hamp has denied that she "thought she imported drugs." However, according to a senior police officer, "She sent [the drugs] disguised as necklaces. It is probable that she had an intent to break the law."

　実際、ハンプ容疑者が輸入した荷物からは、違法性の認識が伺える。
The package that suspect Hamp imported suggests that she had criminal intent.

　「明らかに逮捕が必要な案件。大企業の幹部だからといって許されない」（警察幹部）。警視庁は１８日の逮捕後、２３日には愛知県と東京都のトヨタ本社など３カ所を家宅捜索。「やるべき捜査は全てやる」（捜査幹部）と強気の構えだ。事件発覚の端緒となった東京税関関係者も「どんな人の荷物でも怪しさがあるから検査をする。今回はたまたまトヨタの役員だった」。
 Senior police officer: "This case had a clear need for an arrest. It would not be overlooked because the person is an executive of a large corporation." A senior investigator emphasizes: "The necessary searches are all being done." Customs inspector: "We inspect anyone's packages when they are suspicious. This time it happened to be a Toyota officer."

　オキシコドンは日本でも米国でも医師の処方がないと使用できない。米国では若者の間で使用が広がり社会問題化している。薬物問題に詳しい小森栄弁護士は「外国人とはいえ会社で立場のある人間。米国で乱用が社会問題になっていることも、日本で規制されていることも、全く知らないとは考えにくい」と話す。
In Japan and the United States, oxycodone cannot be used without a doctor's prescription. In the U.S., widespread use among young people is becoming a social problem. Attorney Sakae Komori, who is knowledgeable about drug problems, says "This is a person with a social standing, even if she is a foreigner. It is hard to believe that she did not know anything at all about the social problem of its abuse in the U.S. or about its status as a controlled substance in Japan."

　一方、警視庁の強制捜査の着手時期について、「慎重に検討した結果」との見方も広がっている。逮捕は株主総会の２日後で、通常は午前から実施する家宅捜索も午後に行われた。株主総会や株価への影響に配慮したとみられるからだ。
The view is becoming widespread that the start of the investigation was fixed "after considerable discussion." The arrest was two days after the shareholders meeting and the raids were conducted in the afternoon when they are usually done in the morning. The police appear to be aware and concerned about the impact on the shareholders meeting and the share price.

　甲南大法科大学院の渡辺修教授（刑事訴訟法）は、「逃走などといった捜査妨害の可能性は低いという前提があれば、容疑者の社会生活に折り合いを付けた上で逮捕を調整するのは正当な捜査手法」と説明する。
Professor Osamu Watanabe of Konan University Law School, who specializes in the Code of Criminal Procedure, says "if there is an initial presumption that that there is a low risk of interference with the investigation from the suspect's disappearance, it is a legitimate investigation technique to adjust the arrest based on compromise with the social life of the suspect."

警視庁は錠剤を小箱に隠すように入れた理由や、ハンプ容疑者の麻薬の使用歴を慎重に調べている。
The Metropolitan Police Department is carefully examining the reasons that the tablets were hidden in the small box and the history of drug use by suspect Hamp.

　

Debate in Japan: Do we not like Julie?

Toyota-the-lizard トカゲの尻尾切りで

Question by
juazeiro2156さん on Yahoo! chiebukuro forum: 
Will Toyota's future sales be impacted by the arrest of its American officer for suspected drugs in Japan?

1. A smart answer 
wada_shinichirovさん: The responsibility is the individual's, not the corporation's. It will be like a lizard's tail cut off.

...A lizard blog describes a lovely methaphor (whoops, metaphor...): "Many lizards have the ability to discard all or part of their tails. This is called autotomy. Special muscles cause the tail to part from the body and continue to wriggle. This defense strategy can save a lizard's life. When the tail is discarded, or cut off by a predator it will wriggle wildly. This often distracts a predator allowing the lizard to make an escape. The fortunate survivor will begin to regenerate a new tail, although it will never by as long or useful as the original. You can tell if a lizard's tail has been regenerated. It is patternless and obvious. Most lizards can lose and regrow their tails over and over. But, regrowing a tail uses lots of energy. It can result in slower growth of young lizards and can result in fewer or no egg production in females until their energy stores are rebuilt.

2. A mysterious answer 
mixigroupcoさん. This manufacturer is already drugged, so this affair will win them popularity behind the scenes.

[what could this mean?]

Humpty-dumpty sat on a wall .............. ハンプティー ダンプティー

some more whys...

why-toyotas-highest-ranking-woman-executive-could-be-in-1713842498
Excerpts:

"If convicted,  Hamp could face years in prison followed by deportation. There are two parts of this story which signal that Hamp is probably in for a rough ride: very bad, [i.e. no proof of criminal intent] and very, very, very bad [i.e. criminal indictment and conviction].

.."If police suspicions are investigated and verified, and the evidence shows that Hamp intentionally hid the pills in a way as to make it less likely that customs would find them, there’s very little defense she could mount. In order to know to hide the pills and to refrain from declaring them on the customs label, she would have had to have known that they were illegal in Japan. And that’s criminal intent.

...Now this goes from an “oopsie” with potential embarrassing and costly consequences for Hamp personally, and for Toyota, to a planned criminal enterprise. 

...Regardless of if this was an “oopsie” or not, given that Hamp’s role is as head of public relations and marketing, she could not have chosen a worse way to fail at her job."

 Question: Why would Julie take such a risk? She probably understood the delicacy of her high position and that making even one serious mistake would cause her downfall.

Gaijinass blogger describes life behind bars as a detainee in Japan

"Luxury hotel" breakfast

This blog post (below) may help explain why Julie has apparently changed positions over the past week. The day after her arrest, the Police PR first quoted her as saying "I did not think I was importing drugs" and "I will say nothing without a lawyer present." Now we  have heard her being quoted in the leaks every day this week. She's now talking. What a spokesperson. So succinct.

One observer noted that she is "confessing."

There have been reports that the police handed Julie over to the custody of the prosecutors. So it is not completely clear that the vicissitudes of life in police detention also apply to prosecutor detention. However, the government forces seem to be winning and Julie seems to be losing. That's the bottom line.

brutal-realities-regarding-arrest-in-japan/

Excerpts:

You have very few rights

"Everything that occurs from the moment you first meet the police to conviction in court is designed to ensure that the state wins and you lose. Your “rights” as they are conventionally accepted in the west simply are not a high priority.  A good example here is the lack of an attorney during the lengthy interrogation periods with police."

..."The meals are all Japanese and are of poor quality. The average daily caloric intake is around 1800 kcal or a bit higher if you have money in your account to order a proper lunch box on the days that is allowed. There are no such things as snacks or drinks at the police station detention centers however this changes once you are moved to the regional detention center, this transfer indicating you are absolutely being prosecuted.
Plan to lose weight, almost all foreigners do, up to 5 kilograms within the first week and 15 within 6 weeks.
Bathing is done once every 5 days as a group with your cell mates and it too is Japanese style. You are watched by an officer while bathing.

Visitors are allowed during the weekdays however if you plan to speak a language other than Japanese, an interpreter must be present at your expense. During all visitations except those of your lawyer or your embassy an officer will be present transcribing what is being said. At the police stations these visits are a maximum of 10 minutes and can be shorter if they are busy."  

Tokyo Police PR Dept says...(some dark humor)

Oxyko don

Reporter:
I got on the phone to Tokyo Metropolitan Police Department Public Relations Department. First words from the person in charge of magazines: 'There's nothing new to tell.'  The only thing is that a correction came in to the effect that the parcel addressed to suspect Hamp was an air courier package, not international mail. There is no need for an import declaration on international mail, but an air courier packages requires one.

警視庁広報課に電話している。 雑誌担当者の第一声は「新たにお伝えできることはありません」。 ハンプ容疑者宛の荷物は国際郵便ではなく、航空小口急送貨物(SP貨物)だったと訂正が入ったことだけだ。国際郵便が輸入申告が必要ないのに対して、SP貨物は「輸入申告が必要」の話しだけ。

Julie Hamp's detention extended 10 days

The Tokyo District Court.

トヨタ役員の勾留延長　麻薬取締法違反容疑 

2015/6/26 13:28

小サイズに変更

中サイズに変更

大サイズに変更

保存

印刷

リプリント

共有

　トヨタ自動車常務役員のジュリー・ハンプ容疑者（55）が麻薬取締法違反（輸入）容疑で逮捕された事件で、東京地裁は26日、同容疑者の勾留を29日から10日間延長し、７月８日までとする決定をした。警視庁は、同容疑者が米国から密輸したとされるオキシコドンの使用目的や違法性に関する認識などについて捜査を進める。

The Tokyo District Court extended suspect Julie Hamp's detention for 10 more days, from June 29 through July 8.

US prescription drug possession -- criminal penalties

http://michigancriminalattorney.com/drug-possession-delivery-offenses/possession-controlled-substance-prescription/
Possession of a Drug Controlled Substance without a Prescription
iStock_000002932932SmallPrescription drugs, although considered a controlled substance, are not your typical street drugs.  Even though certain controlled substances are safe and have legal and thereputic uses, possessing them without a valid prescription can be a felony.

-Possession of Prescription Drug Charge

If you are in possession of a prescription drug and don’t have a valid prescription in your own name to show a police officer, you may be charged with this crime.

Common prescription drugs include: Demerol, Dilaudid, Hydrocodone, Vicodin, OxyContin, Methadone, Xanax, and Valium.

If you are found with any of the above drugs on your possession, you could face serious criminal penalties.  Also, because this crime can be a felony if the prescription drug is a narcotic, such as Vicodin, you could also lose the right to vote, own a firearm, or other serious life consequences.

-Possession of Prescription Drug Penalties

If you are found in possession of a Schedule 1 or Schedule 2 drug, such as OxyContin or Dilaudid,  you could be faced with the following penalties:

Possession of 1,000 grams or more is a felony and can result in a life sentence.
Possession between 450 – 1000 grams is a 30-year felony.
Possession between 50 – 450 grams is a 20-year felony.
Possession of less than 50 grams is a 4-year felony.

Mainichi Shimbun: This is not Julie's first time sending oxy

Repeat.

Mainichi English news

An American executive at Toyota Motor Corp. arrested on suspicion of importing tablets into Japan containing oxycodone has told investigators she had the drug sent to her in the past as well, it has been learned.

PR guru Mitsushige Tsuruno: Julie will be out, in any event

Julie.　

Mitsushige Tsuruno.

In a June 24 column in the Japan edition of the Huffington Post, Mr. Tsuruno outlines why he thinks Julie Hamp's future career will be, as it were, "permanently vitiated." 

　Here is a slightly rushed translation of the relevant part of the column. Most of the column discusses the high level of PR professionalism of Toyota's initial response to the crisis and the severe constraints on the company's subsequent statements. But then Mr. Tsuruno turns to the matter of Julie's future prospects with Toyota. 

(The source Japanese is appended below. Mr. Tsuruno has written more, I hope to translate tomorrow.)[update: it turned out not to be interesting enough to translate...so forget it. If someone makes a nice donation I might change my mind.]

"4. The Managing Director is out in any event--

     At the press conference, Toyota ably conveyed the message that it somehow hopes to protect Ms. Hamp. Even though Mr. Toyoda expressed his belief that Ms. Hamp 'had no intention to break the law,' unfortunately, Ms. Hamp will be out of a job.

    If for some reason Ms. Hamp had a health issue that caused her to use oxycodone in the US as an analgesic, and if she were an ordinary foreigner who knew little and was not aware of Japanese law, she would have had an excuse. 

However, she is the top of global public relations of a global company.

    If someone works in public relations a few years, even as a non-manager, and they do not acquire an awareness of legal risks, they are not considered suitable to the nature of this work.   Even more, she is regarded as an excellent person by Toyota's president, with a strong awareness. Most especially, when handling a drug to which addiction has become a social problem in the U.S., it is unreasonable to think that she did not know that a proper procedure was necessary.

    If going through the procedure to legally import the drug was cumbersome, she will be out because of compliance aspects.

     Of course she will be out if she intended to smuggle. She will be out if she is addicted.

     Even if she had no intent to break the law, from the point of view of the lack of risk awareness, in any event, she is completely out as a public relations officer.

    If Toyota wants to appear as its ideal, a "truly global company," I want them to decide on a way to handle that by formulating a consistent policy without any fuzziness.  It has been noted that the company's "face," the top PR officer, the first woman elevated to the position of a Toyota officer, will probably end up leaving Toyota.

    At that time, I want to call on the company, by all means, to decide its appointments as per "the right person in the right place" regardless of nationality or gender, and to not cease growing toward becoming "a truly global company."

４．いずれにしても常務はアウトです

　会見の様子から、トヨタが何とかハンプ氏を守りたいと考えていることはよく伝わってきましたが、たとえトヨタの声明通り「ハンプ氏に法を犯す意図がなかった」としても、残念ながらハンプ氏はアウトです。

　ハンプ氏が、仮に健康上の何らかの理由で、米国では鎮痛剤として普及するオキシコドンを使っていたとします。

　法律知識や意識に乏しい、ごく一般の外国人であれば、日本国内では所持に手続きが必要だと知らなかった、という言い訳はあるでしょう。

　しかし、彼女はグローバル企業のグローバル広報のトップです。

　広報を数年やれば、責任者でなくともリーガルリスクや必要な手続きに意識が及ばないことは、仕事の性質上、考えられません。

　ましてや、トヨタの社長が当事者意識が強いと評する優秀な人物です。米国でさえ中毒が社会問題化されているという薬物の扱いについて、手続きが必要だと知らなかったと考える方が無理があります。

　手続きが面倒だったとするなら、コンプライアンス面でアウト。

　もちろん、密輸の意図有りでも、中毒でもアウトです。

　法を犯す意識が仮になかったと言えたとしても、リスク意識の欠如という観点から、いずれにしても、広報の責任者としては完全にアウトなのです。

　もし、トヨタがこの先も「真のグローバル企業」としてあるべき姿を示すとするならば、ぜひブレずに一貫した方針で対応を決めてもらいたい。

　注目され、持ち上げられたトヨタ初の女性役員で広報トップという会社の顔は、おそらくトヨタを去っていくことになるでしょう。

　その際には、ぜひこの先も国籍性別を問わずに「適材適所」の観点から登用を決めること、そして、「真のグローバル企業」に向けた成長を止めないことをはっきりと発信してもらいたいと思います。

Sankei Shimbun: Julie admits oxy pills were not prescribed for her

Investigators play checkers with Julie.

Who will win?

[see my summary translation below]

トヨタ女性役員逮捕　麻薬オキシコドン錠剤「自分に処方されたものではない」　ハンプ容疑者

トヨタ女性役員逮捕　麻薬オキシコドン錠剤「自分に処方されたものではない」　ハンプ容疑者
産経新聞 6月25日(木)12時25分配信
　麻薬オキシコドンの錠剤を密輸したとして、麻薬取締法違反容疑でトヨタ自動車常務役員、ジュリー・ハンプ容疑者（５５）が逮捕された事件で、ハンプ容疑者が錠剤について「自分に処方されたのもではない」と話していることが２５日、捜査関係者への取材で分かった。同庁は父親に処方された麻薬を送らせていたとみて調べている。
　ハンプ容疑者は輸入について、「ひざの痛みを和らげるため」としているが、「麻薬を輸入したとは思っていない」と供述している。オキシコドンは鎮痛剤として処方されることもあるが、同庁はハンプ容疑者が錠剤が必要な状態ではなかったとみている。

"Sankei Shimbun reported today, Thursday, June 25, that suspect Julie Hamp, Toyota's female Managing Officer, admitted the narcotic oxycodone tablets "were not prescribed for me," according to investigative officials. The investigators are seeking to learn whether Hamp's father sent narcotics that were prescribed for him."

..."Hamp claims that she imported the drugs 'for alleviating knee pain,' but has also testified that she 'did not think she was importing drugs.' Although oxycodone is sometimes prescribed as an analgesic, investigators have found that suspect Hamp does not have any health condition requiring this medication."

39 pills were placed at the very bottom, then covered with a piece of vinyl.

18 more pills were concealed inside as shown.

(from Mainichi Shimbun)

Dispatch Japanese investigators to US? .... some anonymous opinions on Julie's career outlook

http://news.tbs.co.jp/newseye/tbs_newseye2524728.html

　トヨタ自動車のアメリカ国籍の常務役員が麻薬を密輸したとして逮捕された事件で、常務役員が「知人から送ってもらった」と供述していることが新たに分かりました。...　これまでの調べで、小包は外国人名の個人名義でアメリカのミシガン州から発送され、ケンタッキー州を経由して日本に密輸されたことが分かっていて、警視庁は発送元や使用の目的について調べるため、アメリカに捜査員を派遣することも検討しています。（24日11:09）
The Toyota Managing Officer suspected of smuggling drugs is reported to have testified that "'I had it sent to me by an acquaintance.'" 

"In the investigation so far, Tokyo Metropolitan Police Department has found that the parcel was shipped by an individual in Michigan via Kentucky to Japan. The police department is considering dispatching investigators to the US for the purpose of determining the shipping origin and use."

http://www.j-cast.com/2015/06/24238611.html

   豊田章男社長は「法を犯す意図がなかったことが明らかにされることを信じている」と会見で話したが、企業広報の専門家は、ハンプ容疑者に仮に違法性がなかったとしても、グローバル企業の広報トップとして問題あり、と指摘する。

Although Akio Toyoda expressed his belief that that there was no intent to violate the law, PR professionals have pointed out that even if suspect Hamp did not break the law, she will be problematic as the PR chief of a global company.

TOYOTA HQ RAIDED!

Toyota's HQ in Tokyo--

raided along with the Toyota City HQ

トヨタ役員麻薬密輸　警視庁、愛知・豊田市の本社など家宅捜索

警視庁が、トヨタ自動車の本社などを家宅捜索した。
家宅捜索は、トヨタ自動車常務役員のジュリー・アン・ハンプ容疑者(55)が、麻薬の成分を含む錠剤57錠をアメリカから密輸した疑いで逮捕されたことを受けて行われたもので、警視庁は23日、愛知・豊田市の本社と東京・文京区の東京本社などを家宅捜索した。

The Tokyo Metropolitan Police Department has raided Toyota headquarters.
The raids were carried out on April 23 in relation to the alleged smuggling of 57 drug tablets by suspect Julie Hamp, a Toyota Managing Officer, after her arrest last week. The tablets were said to have been sent to her from the United States.
The police raided both the Toyota City headquarters and also Tokyo headquarters in Bunkyo-ku, Tokyo.

[intriguingly, the video caption says "and other places" were also raided, without specifying what places.][Asahi Shimbun reports that three places were raided, but doesn't name the third place.]

http://www.fnn-news.com/news/headlines/articles/CONN00295642.html

Reuters also reports, also with today's new police leak:
Hamp told police she brought the drugs into Japan to treat pain in her knees, Kyodo News reported earlier on Tuesday.
Asahi Shimbun reports today that Julie is sticking to her denial of the charges.

Japan's Nikkan Gendai mag: "Who stabbed Julie Hamp?" トヨタ「麻薬」女常務を“刺した”のは誰か

Who?

スピード逮捕に諸説....

In a piece that suggests that people think Julie Hamp may have been framed or her arrest arranged by outsiders with malicious intent toward her or toward Toyota, Japan's weekly Nikkan Gendai reports that the industry is rife with rumors about the identity of the person who "stabbed" Toyota's "drugs" female executive.

The headline teases, but this piece does not reveal the names of suspected enemies, or much other news about the case.

Two points:

1. In another small leak, the police have said that they have testimony that Julie was aware in advance that the package was due to arrive.

2. A US-based journalist was quoted anonymously as saying that Julie's fast rise within GM must have made her a lot of enemies, and that she must have been under extreme amounts of pressure.

If you don't know anything, you can't be lying: Commentary on Julie Hamp's hiring and her arrest

Julie's gone dark.

Why #1
Why did Akio need to hire Julie? The public reason is to give a Toyota a better public face. But there may be other reasons. Let's connect some dots. This is merely speculation...

Julie was hired in 2012, just during the final stages of Toyota's negotiations with the DOJ over the company's admitted wire fraud, and when they must have been discussing the terms of its deferred prosecution agreement. The terms of the DPA specify that Toyota may not engage in any crimes and that they must voluntarily disclose knowledge of safety defects. As I understand it, the DPA covers acts within the United States. That deal was finished and announced in March, 2013.

Consider the timing of Julie's hiring in 2012 and the timing of her elevation to officer status and move to Japan in 2014. She was becoming the face of Toyota. Having arrived from the outside, she did not know anything of the company's inside story of the true causes and cover-up of SUA.

At the same time, consider the elevation of TMS general counsel Chris Reynolds to Japan, where a new position of global general counsel was created for him (as reported in Corporate Counsel magazine.) I presume he knew the whole inside story about the SUA defects, and he is widely regarded as being Toyota's prime legal strategist and defender.
But now he is safe and the company is safer because his main office is in Japan.


If Akio's intent was to wipe the PR and legal slate clean, then he could get rid of those who were most involved, by having many of them retire and having people move to Japan. This allows him to work with a PR and legal team who are relatively unburdened by ethical dilemmas.

But either Julie herself or someone else has screwed it all up. I am pretty sure that despite the public backing she got from Akio, which was necessary to fill up the scandal coverage with Toyota-positive statements, in the end she cannot survive this debacle and her career at Toyota is over, even if she is ultimately exonerated. (That is unlikely, as Japanese prosecutors have a 99% conviction rate, and the police know how to extract confessions from a very high percentage of detainees...) If she is taken out as I expect, Toyota may be forced to employ a PR chief who actually knows what has gone on and what is still going on behind the scenes with ongoing unadmitted safety defects, and whose statements in response to crashes, lawsuits, and investigations might therefore carry a higher risk to the individual and also to the company if they are subsequently revealed as deliberate misrepresentations.

Addendum. This brings to mind the way that the Japanese company Olympus seems to have used a high-profile foreign executive, Michael Woodward, as its "face" during a period when the company had a lot to hide. Fortunately for him and unfortunately for the executives who were eventually prosecuted in Japan, he had been given the legal powers to uncover the company's fraud. And he had the moral integrity to make that public. I would hope that Toyota's new foreign executives will be able to follow in his footsteps...but somehow, I doubt that they will. 

To be continued...next time, continuing with my personal version of the "Five Whys"

In re rumors: Some anonymous Japanese rumors about the background to the Julie Hamp oxycodone scandal

Detention cells in a Tokyo police station.

Interrogation room (mock-up for movie, presumed accurate...)

Court house and prosecutor's office in Kasumigaseki , central Tokyo.

(I don't know if this is the place where Julie was taken in the police van on Friday, 

but at least one other foreign prisoner ("George") was taken here.)

So far, there are no reports of additional leaks from the investigators. It is Sunday, after all, and the senior people may have had the day off... 

Meanwhile, there is some commentary emerging, spiced with conspiracy theories about what is really going on behind the scenes, the motives of the police in making the arrest, and so forth. 

I am deluged today with translations related to other crimes, so I can't translate all of this article, but let me summarize some of its key points. I don't endorse them, am just conveying them. The anonymous sources from the government and from the industry appear to be in positions to spread rumors and opinions:

• In the background is the U.S. - Japan stress and strain over the recent issuance of special shares by Toyota, which were widely criticized.
• Details are reported about the hidden tablets: of the 57 tablets, 39 tablets were laid on the bottom of the box, 13 tablets placed in a pendant case, and 5 tablets were found in a paper bag. [pretty obviously intentional, eh?]
• Julie is to be tested for drug use with a urine sample [Toyota factory workers, rejoice that at least the police are doing what Toyota itself may have failed to do]
• Arrest motive: Either suspect Hamp was really an addict, or there are whispers that the motive was harassment of Toyota by the US government that did not permit the cover-up of this affair [...really??]
• Even though one would think Toyota's huge political power in Japan would enable this affair to be quashed, the US pressure behind the scenes did not allow that.
• The US and Japanese police are close and friendly ("a honeymoon relationship") and there are aspects of their work that are beyond the influence of the government.
• The only act that was considerate of Toyota was that the arrest was made only on the day after the shareholders' meeting.
• There is an immeasurably huge shock from the scandal caused by this first foreign female executive.

Addendum:

The Twitter feed from "Hamp" in Japanese includes a couple individual comments that Julie may have grounds to sue Toyota, but she ought to do it in the U.S.  I presume the tweet writers mean that Toyota appears to have been negligent in not fully briefing Julie about Japanese law. 

Another commentator observed that he would not be surprised if clever US lawyers have not already been scheming to sue Toyota on behalf of the entire United States[!]

 

[repeat: I am not endorsing these views, I am just a translator...]