Japan’s mega-banks struggling to shut out mobsters amid ‘anti-social’ loans scandal

Mega-banks struggling to shut out mobsters amid ‘anti-social’ loans scandal

JIJI

NOV 16, 2013

The nation’s three mega-banks are still struggling to shut out yakuza and other “anti-social” groups, sources in the industry say. The issue entered the spotlight after the Financial Services Agency in September scolded Mizuho Bank for failing to halt lending to mobsters via consumer lending unit Orient Corp. What started as a local scandal involving so-called tie-up loans has now developed into an industrywide problem encompassing loans extended directly by the mega-banks themselves.At a Diet session Wednesday, Mizuho Bank President Yasuhiro Sato acknowledged that the lender had made direct loans to members of groups deemed to be “anti-social.”

Sumitomo Mitsui Banking Corp. President Takeshi Kunibe and Bank of Tokyo-Mitsubishi UFJ President Nobuyuki Hirano made similar confessions when they announced their April-September earnings last week.

The three leaders said they learned that some of their borrowers were shady after the fact. Although none disclosed details, such as the number of problem borrowers or tainted loans, all emphasized they were trying hard to terminate the contracts.

Japan’s banking industry was tormented by yakuza-linked loans for a long time after the bubble economy started to collapse in the early 1990s. Mobsters, for example, acquired properties that had been put up as collateral for bad loans to stymie banks’ loan collection efforts. Yakuza obstructionism was one of the reasons why the nation’s financial institutions took so long to sort out the bad-loan problem.

In a move to shut out gangsters, banks built databases on anti-social elements to screen out suspicious clients before concluding loan transactions. In November 2011, the industry introduced a special clause in loan contracts to allow them to request lump sum repayments once borrowers are confirmed as members of underworld groups.

But it is not easy to shun gangsters completely, according to the industry sources.

The banks have only limited information on crime groups and their members. In addition, there are cases in which lending to normal borrowers later turn into yakuza-related loans. Typically, mobsters become involved when they are added as debt guarantors and when they replace the original guarantors, the sources said.

Loans extended under contracts with the anti-yakuza clause can be canceled if the police confirm the borrowers are members of crime and other underworld groups. But the definition of “anti-social” groups differs between banks and the police, Mizuho’s Sato said.

Of the total tie-up loans to members of shady groups, 37 cases were based on contracts containing the special clause. But only one case was confirmed by police as a loan to a member of such a group, Sato said.

Banks cannot cancel loans not bound by the special clause unilaterally. If the lenders want to terminate a loan contract, they must contact the anti-social groups involved and persuade them to accept the termination.

Collecting loans from gangsters is even more dangerous. Sato said some transactions are hard to terminate even with help from the police.

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Kee Koon Boon (“KB”) is the co-founder and director of HERO Investment Management which provides specialized fund management and investment advisory services to the ARCHEA Asia HERO Innovators Fund (www.heroinnovator.com), the only Asian SMID-cap tech-focused fund in the industry. KB is an internationally featured investor rooted in the principles of value investing for over a decade as a fund manager and analyst in the Asian capital markets who started his career at a boutique hedge fund in Singapore where he was with the firm since 2002 and was also part of the core investment committee in significantly outperforming the index in the 10-year-plus-old flagship Asian fund. He was also the portfolio manager for Asia-Pacific equities at Korea’s largest mutual fund company. Prior to setting up the H.E.R.O. Innovators Fund, KB was the Chief Investment Officer & CEO of a Singapore Registered Fund Management Company (RFMC) where he is responsible for listed Asian equity investments. KB had taught accounting at the Singapore Management University (SMU) as a faculty member and also pioneered the 15-week course on Accounting Fraud in Asia as an official module at SMU. KB remains grateful and honored to be invited by Singapore’s financial regulator Monetary Authority of Singapore (MAS) to present to their top management team about implementing a world’s first fact-based forward-looking fraud detection framework to bring about benefits for the capital markets in Singapore and for the public and investment community. KB also served the community in sharing his insights in writing articles about value investing and corporate governance in the media that include Business Times, Straits Times, Jakarta Post, Manual of Ideas, Investopedia, TedXWallStreet. He had also presented in top investment, banking and finance conferences in America, Italy, Sydney, Cape Town, HK, China. He has trained CEOs, entrepreneurs, CFOs, management executives in business strategy & business model innovation in Singapore, HK and China.

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