Comparative Consumer Law

Syuhan Nenkin Case, Failure of pension scheme in Japan

June 1, 2007 · Leave a Comment

It was already reported in several newspapers in UK.

Syuhan Nenkin was a private pension fund managed by “Zenkoku Kouri Syuhan Kumiai Chuokai” (the All Japan Liquor Merchants Cooperative Association (AJLMA). The member of the association is small and medium sized liquor sales merchants.  The AJLMA invested 80 per cent of its total assets, JPY 14,500,000,000 (£70m), in the Invaro scheme via a Canadian firm which issued named “chancery bond” from February 2002 to March 2004. The bond is strictly risky as investment, so called structured bonds.  

The bond was issued by the Canadian company, a Specific Purpose Company, which invested to Invaro, a Liverpool-based litigation-funding company in Briton. The firm’s core activity was lending legal fees and insuring lawyers to make personal injury claims in return for a fee. The lawyers were mainly acting in motor accident or miners’ illness cases. At one point, Invaro employed 200 people and had 80,000 claims on its books. 

Invaro went into voluntary liquidation in June 2004 after trading for a little over two years. At that time key activities included lending and assisting individuals to make personal injury claims in return for a fee. At the time of liquidation the company was dealing with 80,000 claims. According to claims from liquidators, the company owes £85 million. 

The association was one of investors worldwide, including hundreds of British investors. The pension fund became insolvency and stopped the payment since December 2003 and abolished the scheme in March 2005. Thus, about 20,000 members of the association have been left without a pension.    

The members of the association filed lawsuits with Tokyo District Court and Osaka District Court. However, the chances of any money would be supposed being returned “probably quite small”.  Japanese attorneys are going to visit to UK and investigate more of the incident.

Categories: other investment

The value of personal telecommunication data

June 1, 2007 · Leave a Comment

Ruling 

Tokyo district court order JPY 100,000 as damage compensation to NTT, giant telecommunication company in Japan, whose employee accessed the plaintiff’s telecommunication data and charges illegally. it ruled on May 31, 2007.[1]

So small amount approved?

The plaintiff, famous journalist, claimed the defendant company to pay JPY 30,000,000 as compensation.It is suitable amount or not?


[1] Mainich Shimbun http://www.mainichi-msn.co.jp/keizai/it/mobile/news/20070530org00m300051000c.html

Categories: privacy

Elderly targeted more by bogus investment solicitation

June 1, 2007 · Leave a Comment

Tokyo metropolitan government instructed the elderly to be exploited by the solicitation of fictional investment. It was reported on November 16th 2006.[1]

According to the government, elderly victims drastically increased compared previous year. The consultation related to the investment during April to September in 2006 was 359 (181 in 2005); the number of elderly was 202 (84 in2005).  The details of investment were Private Equity (164), commodity futures (73), investment to anonymous association (31). An amount of average investment is 3,532,000 in Private Equity; 6,206,000 in commodity futures; 4,048,000 in investment to anonymous association. Of course, the amount of investment is not equal to his damages. However invested money is not restored in my view.  

Rogue traders canvass consumers that the privat eqiuty would increase in value at the Initial Public Offering. The exploding of consultation numbers regarding Private Equity is pointed out in the remarks of the National Consumer Affairs Center. According to the report in April 2006[2], the consultation to the rural consumer centers increased from 222 in 2004 fiscal year to 1296 in 2005 fiscal year.This tendency seems to be reflected more to the elderly. 

Regarding to the commodity futures transaction, most market is situated in foreign country or private market, the trader would say. Usually, they do not buy and sell acutely in foreign market, because they need to have a license in the market and usually it is not easy to get it for them. If they have not a suitable license, they have to entrust their customer’s order to the licensed broker in foreign market. However, they are almost puppet and only prepare the information of foreign market to the rouge traders.


[1] http://www.shouhiseikatu.metro.tokyo.jp/sodan/kinkyu/061116.html

[2] http://www.kokusen.go.jp/pdf/n-20060406_2.pdf

Categories: other investment