File estafa cases against Okada – DOJ
By Jeffrey Damicog
The Department of Justice (DOJ) has ordered the filing of estafa charges against Japanese businessman Kazuo Okada over the $3 million he allegedly took from the company he founded.
In a six-page resolution dated December 7, but only released to media on Monday, the DOJ ordered Okada indicted for “three counts of estafa under Article 315, Paragraph 1(b) of the Revised Penal Code.”
The DOJ also named as his co-accused Takahiro Usui, the former president and chief operating officer of Tiger Resort, Leisure, and Entertainment, Inc. (TRLEI).
The complaint was filed by TRLEI which alleged that Usui approved the payment of amounts totaling $3,058,835.62 in 2017 to Okada, its former chief executive officer, without authorizations from the board of directors.
TRLEI operates Okada Manila resorts, hotel, and casino.
“Such actions on the part of both respondents, in violation of complainant’s by-laws, is enough probable cause to conclude that the release of the amounts were irregular and done to the prejudice of the complainant,” read the resolution signed by Assistant State Prosecutor Alejandro Daguiso.
The DOJ pointed out that Okada “at the very least, was under the obligation to hold the amounts in trust for complainant, since there was the likely possibility that he acquired the same through mistake or fraud because of the irregularities of the release.”
“In fact, both respondents admit to such obligation, but argue that this only creates civil liability,” it cited.
Previously, the Parañaque City Prosecutor’s Office issued a May 11 resolution which dismissed the complaint.
This led the complainant to file an appeal before the DOJ asking that the May 11 resolution be reversed.