One of Japan’s most controversial businessmen, Takafumi Horie, has been sentenced to two-and-a-half years in jail after being found guilty of securities fraud.

Horie

One of Japan’s most controversial businessmen, Takafumi Horie, has been sentenced to two-and-a-half years in jail after being found guilty of securities fraud.

The 34-year-old was found guilty of falsifying profit figures at the internet company Livedoor, where he used to be chief executive.

Mr Horie shook up Japan’s staid business culture by launching Japan’s first ever hostile bid between listed companies and promoting his flamboyant life-style.

Prosecutors had been seeking a four-year sentence but many analysts said the jail term was severe compared with previous fraud cases.

Other high-profile business leaders have received suspended sentences after pleading guilty but Mr Horie had pleaded not guilty which analysts believe marked him out for a tougher sentence.

He is appealing the ruling and has previously blamed Livedoor’s chief financial officer for the company’s accounting mess. Four other Livedoor executives including the CFO pleaded guilty in the case.

In court Mr Horie’s defence team attempted to portray him as a meek chief executive who relied heavily on advisers. But this clashed with the confident and outspoken approach of a man who published self-help books with titles such as “How To Make 10bn Yen” and “The Easy Way To Build a Money-Making Company”.

Mr Horie must also deal with lawsuits from shareholders over the $5bn (£2.6bn) in market value shed by Livedoor after its offices were raided in January last year. That sparked a sell-off so severe that the Tokyo Stock Exchange’s computer system crashed.


Cologne – LAWFUEL – European Business + Law – DLA Piper UK LLP (DLA …

Cologne – LAWFUEL – European Business + Law – DLA Piper UK LLP (DLA Piper) advised Landesbank Berlin AG (LBB) on the structuring of a structured covered bonds programme, called the Daheim Nr. 1 programme. Moody’s, the ratings agency, published its presale report on this new product today.

LBB is the first German bank to develop a programme for covered bonds not relying upon the special legislation for German covered bonds – Pfandbriefgesetz – but on general German law. The Daheim Nr. 1 covered bond programme provides bonds backed by residential mortgage pools which were originated by German savings banks. The programme therefore offers specific savings banks a new opportunity to refinance their business and/or to create further fee income.

Each series of bonds under the Daheim programme is secured by a separate pool of residential mortgage loans. The relevant savings banks provide the mortgage loans to act as security for the LBB bonds, receiving a fee in return. In case the savings bank needs refinancing, LBB will grant a refinancing loan to a savings bank which again is backed by a portfolio of mortgage loans. This refinancing loan (and indirectly also the security provided) is then used to cover the bonds issued by LBB under the Daheim Nr. 1 programme. To create sufficient insolvency remoteness of the security provided, the structure uses techniques known from securitisation transactions.

The rating agency Moody’s has assigned provisional long-term ratings of (P)Aaa to this proposed issuance of bonds. LBB intends to initially issue bonds covered with a mortgage loan portfolio originated by LBB itself to introduce the new structure to investors.

LBB was advised by Nina-Luisa Siedler (partner, Finance & Projects), Petra Tesch and Rolf Kobabe (associates, Finance & Projects) from DLA Piper’s Frankfurt office.

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