Gaming tycoon Okada appeals 'erroneous' DOJ indictment

ABS-CBN News

Posted at Dec 28 2018 08:13 PM | Updated as of Jan 06 2019 01:26 PM

MANILA - Japanese billionaire and gaming tycoon Kazuo Okada has filed a motion for reconsideration contesting the Department of Justice's (DOJ) resolution indicting him for estafa, his camp said Friday.

Earlier this month, the DOJ reversed an earlier ruling by the Parañaque City Prosecutor’s Office dismissing the complaint against Okada, who allegedly pocketed some $3.1 million dollars in unauthorized compensation from the board of Tiger Resort, Leisure and Entertainment, Inc. (TRLEI), the operator of Okada Manila.

In a 14-page motion for reconsideration, Okada asked the DOJ to “reconsider its erroneous findings, and consequent baseless finding of probable cause.”

“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 read.

“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."

Okada also asked the DOJ to defer the filing of information or criminal complaint against him.

“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,” the motion read.

Okada was ousted from the company in June 2017 over alleged irregularities in the use of the firm's funds.

He, however, filed a suit in September this year against Tiger, saying his ouster was illegal.