japan

Various confidence scams, tricks, & frauds

From “List of confidence tricks” (Wikipedia: 3 July 2009):

Get-rich-quick schemes

Get-rich-quick schemes are extremely varied. For example, fake franchises, real estate “sure things”, get-rich-quick books, wealth-building seminars, self-help gurus, sure-fire inventions, useless products, chain letters, fortune tellers, quack doctors, miracle pharmaceuticals, Nigerian money scams, charms and talismans are all used to separate the mark from his money. Variations include the pyramid scheme, Ponzi scheme and Matrix sale.

Count Victor Lustig sold the “money-printing machine” which could copy $100 bills. The client, sensing huge profits, would buy the machines for a high price (usually over $30,000). Over the next twelve hours, the machine would produce just two more $100 bills, but after that it produced only blank paper, as its supply of hidden $100 bills would have become exhausted. This type of scheme is also called the “money box” scheme.

The wire game, as depicted in the movie The Sting, trades on the promise of insider knowledge to beat a gamble, stock trade or other monetary action. In the wire game, a “mob” composed of dozens of grifters simulates a “wire store”, i.e., a place where results from horse races are received by telegram and posted on a large board, while also being read aloud by an announcer. The griftee is given secret foreknowledge of the race results minutes before the race is broadcast, and is therefore able to place a sure bet at the wire store. In reality, of course, the con artists who set up the wire store are the providers of the inside information, and the mark eventually is led to place a large bet, thinking it to be a sure win. At this point, some mistake is made, which actually makes the bet a loss. …

Salting or to salt the mine are terms for a scam in which gems or gold ore are planted in a mine or on the landscape, duping the greedy mark into purchasing shares in a worthless or non-existent mining company.[2] During the Gold Rush, scammers would load shotguns with gold dust and shoot into the sides of the mine to give the appearance of a rich ore, thus “salting the mine”. …

The Spanish Prisoner scam – and its modern variant, the advance fee fraud or Nigerian scam – take advantage of the victim’s greed. The basic premise involves enlisting the mark to aid in retrieving some stolen money from its hiding place. The victim sometimes believes he can cheat the con artists out of their money, but anyone trying this has already fallen for the essential con by believing that the money is there to steal (see also Black money scam). …

Many conmen employ extra tricks to keep the victim from going to the police. A common ploy of investment scammers is to encourage a mark to use money concealed from tax authorities. The mark cannot go to the authorities without revealing that he or she has committed tax fraud. Many swindles involve a minor element of crime or some other misdeed. The mark is made to think that he or she will gain money by helping fraudsters get huge sums out of a country (the classic Nigerian scam); hence marks cannot go to the police without revealing that they planned to commit a crime themselves.

Gold brick scams

Gold brick scams involve selling a tangible item for more than it is worth; named after selling the victim an allegedly golden ingot which turns out to be gold-coated lead.

Pig-in-a-poke originated in the late Middle Ages. The con entails a sale of a (suckling) “pig” in a “poke” (bag). The bag ostensibly contains a live healthy little pig, but actually contains a cat (not particularly prized as a source of meat, and at any rate, quite unlikely to grow to be a large hog). If one buys a “pig in a poke” without looking in the bag (a colloquial expression in the English language, meaning “to be a sucker”), the person has bought something of less value than was assumed, and has learned firsthand the lesson caveat emptor.

The Thai gem scam involves layers of con men and helpers who tell a tourist in Bangkok of an opportunity to earn money by buying duty-free jewelry and having it shipped back to the tourist’s home country. The mark is driven around the city in a tuk-tuk operated by one of the con men, who ensures that the mark meets one helper after another, until the mark is persuaded to buy the jewelry from a store also operated by the swindlers. The gems are real but significantly overpriced. This scam has been operating for 20 years in Bangkok, and is said to be protected by Thai police and politicians. A similar scam usually runs in parallel for custom-made suits.

Extortion or false-injury tricks

The badger game extortion is often perpetrated on married men. The mark is deliberately coerced into a compromising position, a supposed affair for example, then threatened with public exposure of his acts unless blackmail money is paid.

The Melon Drop is a scam in which the scammer will intentionally bump into the mark and drop a package containing (already broken) glass. He will blame the damage on the clumsiness of the mark, and demand money in compensation. This con arose when artists discovered that the Japanese paid large sums of money for watermelons. The scammer would go to a supermarket to buy a cheap watermelon, then bump into a Japanese tourist and set a high price.

Gambling tricks

Three-card Monte, ‘Find The Queen’, the “Three-card Trick”, or “Follow The Lady”, is (except for the props) essentially the same as the probably centuries-older shell game or thimblerig. The trickster shows three playing cards to the audience, one of which is a queen (the “lady”), then places the cards face-down, shuffles them around and invites the audience to bet on which one is the queen. At first the audience is skeptical, so the shill places a bet and the scammer allows him to win. In one variation of the game, the shill will (apparently surreptitiously) peek at the lady, ensuring that the mark also sees the card. This is sometimes enough to entice the audience to place bets, but the trickster uses sleight of hand to ensure that they always lose, unless the conman decides to let them win, hoping to lure them into betting much more. The mark loses whenever the dealer chooses to make him lose. This con appears in the Eric Garcia novel Matchstick Men and is featured in the movie Edmond.

A variation on this scam exists in Barcelona, Spain, but with the addition of a pickpocket. The dealer and shill behave in an overtly obvious manner, attracting a larger audience. When the pickpocket succeeds in stealing from a member of the audience, he signals the dealer. The dealer then shouts the word “aqua”, and the three split up. The audience is left believing that “aqua” is a code word indicating the police are coming, and that the performance was a failed scam.

In the Football Picks Scam the scammer sends out tip sheet stating a game will go one way to 100 potential victims and the other way to another 100. The next week, the 100 or so who received the correct answer are divided into two groups and fed another pick. This is repeated until a small population have (apparently) received a series of supernaturally perfect picks, then the final pick is offered for sale. Despite being well-known (it was even described completely on an episode of The Simpsons and used by Derren Brown in “The System”), this scam is run almost continuously in different forms by different operators. The sports picks can also be replaced with securities, or any other random process, in an alternative form. This scam has also been called the inverted pyramid scheme, because of the steadily decreasing population of victims at each stage.

Visitors to Las Vegas or other gambling towns often encounter the Barred Winner scam, a form of advance fee fraud performed in person. The artist will approach his mark outside a casino with a stack or bag of high-value casino chips and say that he just won big, but the casino accused him of cheating and threw him out without letting him redeem the chips. The artist asks the mark to go in and cash the chips for him. The artist will often offer a percentage of the winnings to the mark for his trouble. But, when the mark agrees, the artist feigns suspicion and asks the mark to put up something of value “for insurance”. The mark agrees, hands over jewelry, a credit card or their wallet, then goes in to cash the chips. When the mark arrives at the cashier, they are informed the chips are fake. The artist, by this time, is long gone with the mark’s valuables.

False reward tricks

The glim-dropper requires several accomplices, one of whom must be a one-eyed man. One grifter goes into a store and pretends he has lost his glass eye. Everyone looks around, but the eye cannot be found. He declares that he will pay a thousand-dollar reward for the return of his eye, leaving contact information. The next day, an accomplice enters the store and pretends to find the eye. The storekeeper (the intended griftee), thinking of the reward, offers to take it and return it to its owner. The finder insists he will return it himself, and demands the owner’s address. Thinking he will lose all chance of the reward, the storekeeper offers a hundred dollars for the eye. The finder bargains him up to $250, and departs.…

The fiddle game uses the pigeon drop technique. A pair of con men work together, one going into an expensive restaurant in shabby clothes, eating, and claiming to have left his wallet at home, which is nearby. As collateral, the con man leaves his only worldly possession, the violin that provides his livelihood. After he leaves, the second con man swoops in, offers an outrageously large amount (for example $50,000) for such a rare instrument, then looks at his watch and runs off to an appointment, leaving his card for the mark to call him when the fiddle-owner returns. The mark’s greed comes into play when the “poor man” comes back, having gotten the money to pay for his meal and redeem his violin. The mark, thinking he has an offer on the table, then buys the violin from the fiddle player (who “reluctantly” sells it eventually for, say, $5,000). The result is the two conmen are $5,000 richer (less the cost of the violin), and the mark is left with a cheap instrument.

Other confidence tricks and techniques

The Landlord Scam advertises an apartment for rent at an attractive price. The con artist, usually someone who is house-sitting or has a short-term sublet at the unit, takes a deposit and first/last month’s rent from every person who views the suite. When move-in day arrives, the con artist is of course gone, and the apartment belongs to none of the angry people carrying boxes.

Change raising is a common short con and involves an offer to change an amount of money with someone, while at the same time taking change or bills back and forth to confuse the person as to how much money is actually being changed. The most common form, “the Short Count”, has been featured prominently in several movies about grifting, notably Nueve Reinas, The Grifters and Paper Moon. A con artist shopping at, say a gas station, is given 80 cents in change because he lacks two dimes to complete the sale (say the sale cost is $19.20 and the con man has a 20 dollar bill). He goes out to his car and returns a short time later, with 20 cents. He returns them, saying that he found the rest of the change to make a dollar, and asking for a bill so he will not have to carry coins. The confused store clerk agrees, exchanging a dollar for the 20 cents the conman returned. In essence, the mark makes change twice.

Beijing tea scam is a famous scam in and around Beijing. The artists (usually female and working in pairs) will approach tourists and try to make friends. After chatting, they will suggest a trip to see a tea ceremony, claiming that they have never been to one before. The tourist is never shown a menu, but assumes that this is how things are done in China. After the ceremony, the bill is presented to the tourist, charging upwards of $100 per head. The artists will then hand over their bills, and the tourists are obliged to follow suit.

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The Yakuza’s influence in Japan

From Jake Adelstein’s “This Mob Is Big in Japan” (The Washington Post: 11 May 2008):

Most Americans think of Japan as a law-abiding and peaceful place, as well as our staunch ally, but reporting on the underworld gave me a different perspective. Mobs are legal entities here. Their fan magazines and comic books are sold in convenience stores, and bosses socialize with prime ministers and politicians. …

I loved my job. The cops fighting organized crime are hard-drinking iconoclasts — many look like their mobster foes, with their black suits and slicked-back hair. They’re outsiders in Japanese society, and perhaps because I was an outsider too, we got along well. The yakuza’s tribal features are also compelling, like those of an alien life form: the full-body tattoos, missing digits and pseudo-family structure. …

The Japanese National Police Agency (NPA) estimates that the yakuza have almost 80,000 members. The most powerful faction, the Yamaguchi-gumi, is known as “the Wal-Mart of the yakuza” and reportedly has close to 40,000 members. In Tokyo alone, the police have identified more than 800 yakuza front companies: investment and auditing firms, construction companies and pastry shops. The mobsters even set up their own bank in California, according to underworld sources.

Over the last seven years, the yakuza have moved into finance. Japan’s Securities and Exchange Surveillance Commission has an index of more than 50 listed companies with ties to organized crime.

In the good old days, the yakuza made most of their money from sleaze: prostitution, drugs, protection money and child pornography. Kiddie porn is still part of their base income — and another area where Japan isn’t acting like America’s friend.

In 1999, my editors assigned me to cover the Tokyo neighborhood that includes Kabukicho, Japan’s largest red-light district. Japan had recently outlawed child pornography — reluctantly, after international pressure left officials no choice. But the ban, which is still in effect, had a major flaw: It criminalized producing and selling child pornography, not owning it. So the big-money industry goes on, unabated.

I’m not entirely objective on the issue of the yakuza in my adopted homeland. Three years ago, [Tadamasa Goto, a notorious Japanese gang boss, the one that some federal agents call the “John Gotti of Japan”] got word that I was reporting an article about his liver transplant. A few days later, his underlings obliquely threatened me. Then came a formal meeting. The offer was straightforward. “Erase the story or be erased,” one of them said. “Your family too.”

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Why American car companies are in trouble

From Paul Ingrassia’s “How Detroit Drove Into a Ditch” (The Wall Street Journal: 25 October 2008):

This situation doesn’t stem from the recent meltdown in banking and the markets. GM, Ford and Chrysler have been losing billions since 2005, when the U.S. economy was still healthy. The financial crisis does, however, greatly exacerbate Detroit’s woes. As car sales plunge — both in the U.S. and in Detroit’s once-booming overseas markets — it’s becoming nearly impossible for the companies to cut costs fast enough to keep pace with the evaporation of their revenue. All three companies, once the very symbol of American economic might, need new capital, but their options for raising it are limited.

In all this lies a tale of hubris, missed opportunities, disastrous decisions and flawed leadership of almost biblical proportions. In fact, for the last 30 years Detroit has gone astray, repented, gone astray and repented again in a cycle not unlike the Israelites in the Book of Exodus.

Detroit failed to grasp — or at least to address — the fundamental nature of its Japanese competition. Japan’s car companies, and more recently the Germans and Koreans, gained a competitive advantage largely by forging an alliance with American workers.

Detroit, meanwhile, has remained mired in mutual mistrust with the United Auto Workers union. While the suspicion has abated somewhat in recent years, it never has disappeared — which is why Detroit’s factories remain vastly more cumbersome to manage than the factories of foreign car companies in the U.S.

Two incidents in 1936 and 1937 formed this lasting labor-management divide: the sit-down strike at GM’s factories in Flint, Mich., and the Battle of the Overpass in Detroit, in which Ford goons beat up union organizers. But the United Auto Workers prevailed, and as the GM-Ford-Chrysler oligopoly emerged in the 1940s, the union gained a labor monopoly in American auto factories. As costs increased, the companies routinely passed them on to U.S. consumers, who had virtually no alternatives in buying cars.

Nissan, Toyota and other Japanese car companies soon started building factories in America, followed by German and Korean auto makers. There are now 16 foreign-owned assembly plants in the U.S., and many more that build engines, transmissions and other components.

Several years ago Ford even considered dropping cars altogether because they weren’t profitable, and focusing entirely on trucks. Then in 2005, Hurricane Katrina and growing oil demand from China and India sent gasoline prices soaring and SUV sales plunging. GM lost $10.6 billion that year. Ford topped that by losing $12.7 billion in 2006. Last summer Daimler gave up on Chrysler, selling it to private-equity powerhouse Cerberus for about one-fourth of what it had paid to buy Chrysler. Last fall the UAW approved significant wage and benefit concessions, but they won’t kick in until 2010. That might be too late. GM lost $15.5 billion in this year’s second quarter, Ford lost $8.7 billion, and further losses are coming. (Closely held Chrysler, of course, doesn’t report financial results.)

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Why is American design so often terrible compared to Japanese design?

From Paul Graham’s “Made in USA” (November 2004):

Americans are good at some things and bad at others. We’re good at making movies and software, and bad at making cars and cities. And I think we may be good at what we’re good at for the same reason we’re bad at what we’re bad at. We’re impatient. In America, if you want to do something, you don’t worry that it might come out badly, or upset delicate social balances, or that people might think you’re getting above yourself. If you want to do something, as Nike says, just do it. …

For centuries the Japanese have made finer things than we have in the West. When you look at swords they made in 1200, you just can’t believe the date on the label is right. Presumably their cars fit together more precisely than ours for the same reason their joinery always has. They’re obsessed with making things well.

Not us. When we make something in America, our aim is just to get the job done. Once we reach that point, we take one of two routes. We can stop there, and have something crude but serviceable, like a Vise-grip. Or we can improve it, which usually means encrusting it with gratuitous ornament. When we want to make a car “better,” we stick tail fins on it, or make it longer, or make the windows smaller, depending on the current fashion. …

Letting focus groups design your cars for you only wins in the short term. In the long term, it pays to bet on good design. The focus group may say they want the meretricious feature du jour, but what they want even more is to imitate sophisticated buyers, and they, though a small minority, really do care about good design. Eventually the pimps and drug dealers notice that the doctors and lawyers have switched from Cadillac to Lexus, and do the same.

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Japan’s 99.8% criminal conviction rate

From Hiroshi Matsubara’s “Trial By Prosecutor” (Legal Affairs: March/April 2003):

In 1990, a retired high-court judge gave an influential speech that indicted the criminal justice system [of Japan], citing the nation’s 99.8 percent conviction rate as evidence that prosecutors, not courts, decide the fate of criminals. Criminal trials, he declared, are merely “formal ceremonies” en route to conviction. …

Prosecutors are vested with tremendous authority, and courts routinely defer to prosecutorial judgment. The prosecutor, in collaboration with law enforcement, is expected not only to enforce the laws but to decide how to use them to serve the public good. He is given far broader powers of investigation than his American counterpart, including the ability to search, seize, and interrogate without the interference of defense counsel. Justice in Japan is often equated to cooperating with the prosecutor. One of the earliest changes made by legislators to the American legal framework was the addition of a “societal duty” to submit to questioning upon arrest.

Because of their importance in the Japanese system, prosecutors have an overwhelming need to be right. A single loss can end their career. Prosecutors nearly always go to trial with a confession in hand, meaning that criminal courts are rarely asked to decide guilt or innocence. At trial, the counsel for the defendant usually spends his time trying to demonstrate the client’s contrition, his chances of being rehabilitated, and the low risk he poses to society – factors that affect the sentence, not the verdict.

Even in contested cases, the outcome for defendants is bleak. In American federal courts, about one-fifth of all criminal defendants plead innocent – and of those, one-third are subsequently convicted (state numbers indicate a similar trend). Meanwhile, in Japan, despite the fact that only 7 percent of defendants choose to contest their prosecution, the conviction rate in such instances is still about 99 percent. …

But in the aftermath of this unlikely victory, the system turned on Mainali. A higher court stayed his acquittal and ordered him detained while the finding at trial was reconsidered. In the United States, where defendants are protected against double jeopardy, Mainali’s acquittal would have ensured that he went free. Japan has no such standard: The opportunity to appeal a criminal acquittal is just one more weapon in the prosecutorial arsenal. Critics have pointed out that the stigma of losing a case puts prosecutors under great pressure to appeal each and every acquittal. In the notorious Kabutoyama case, prosecutors spent 21 years unsuccessfully appealing not-guilty verdicts handed down against a teacher charged with killing one of her students. …

Japanese prison terms, for both violent and nonviolent offenses, are shorter than those for comparable crimes in the United States. Murder, for instance, can carry a sentence of as little as three years. What is indisputable, however, is that in failing to emphasize procedural justice – a system based on rights and vigorous advocacy – Japan entrusts the integrity of its system to the good judgment of its prosecutors.

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