The camp of Japanese casino mogul Kazuo Okada asked the Department of Justice to reconsider its resolution indicting him and a former associate of estafa.
Okada group filed a 14-page motion for reconsideration stating that the DoJ’s initial ruling ignored crucial evidence proving that money he received were authorized as salaries by Tiger Resort, Leisure and Entertainment Inc.
Okada said he did not receive the subject money amounting to $3,158,835.62 in trust, adding he lawfully acquired and earned them as salaries for April and May 2017 and consultancy fee for 2017 as chief executive and consultant of TRLEI.
“Clearly, the subject moneys, which Mr. Okada lawfully earned, were neither acquired through mistake nor secured through fraud as to constitute an implied trust within the contemplation of Article 1456 of the Civil Code,” the motion stated.
Okada claimed that Joseph Joemer Perez, the complainant’s vice president for legal and compliance department, was the one who prepared and finalized the said agreements before they were signed by then TRLEI chief operating officer Takahiro Usui, the other respondent in the case.
“Atty. Perez coordinated with then director and head of business administration, Yoshinao Negishi on the details of these agreements, including Mr. Okada’s compensation. It was Bora Lee, complainant’s corporate planning officer, who handed Mr. Usui these agreements and instructed the latter to sign them,” Okada said in his motion.
“There can be no estafa through misappropriation when the money received by the respondent is neither to be used for a particular purpose nor meant to be returned,” he said.
The DOJ earlier this month indicted Okada for a $3-million estafa complaint filed by TRLEI, owner and operator of casino and entertainment resort Okada Manila.
Okada maintained that his compensation for services rendered was authorized and legal as it was signed by Usui, who was authorized by TRLEI to sign agreements entered into, including employment contracts, engagement letters, consultancy agreements, service agreements or any other similar or related documents.
Okada’s appointment as chief executive and consultant was approved by the board of directors in a resolution adopted on April 4, 2017.
Okada, who has been responsible for investing more than $2 billion in Okada Manila, said he would not defraud, nor conspire to defraud, the company that he established for a measly $3,158,835.62.
Okada said the DOJ erred in reversing an earlier dismissal order by the Paranaque City Prosecutor’s Office dated May 11, 2018.
The casino mogul also moved that the filing of information against them be deferred.
“From the foregoing, it is clear that there is no probable cause to indict respondents for the crime of estafa. There is no proof of misappropriation or unlawful receipt of moneys in this case, much less evidence of overt acts indicative of conspiracy between respondents,” Okada said.