engelberg - Toshiba
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I. JAPANESE CULTURE AND BUSINESS
In order to understand why the above corporate governance reform efforts
are necessary, it is important to understand how the current top-down culture
facilitates Japanese corporate misconduct. Although Japanese public
corporations, for the most part, mirror public corporations in the United States
(i.e. they have shareholders, a board, and corporate executives), Japanese
companies tend to be much more responsive to the demands of their corporate
8 Id.
9 Id. at 175.
10 See Chie Aoyagi & Giovanni Ganelli, Unstash the Cash! Corporate Governance Reform in Japan,
IMF, WP/14/140 (2014), available at https://www.imf.org/external/pubs/ft/wp/2014/wp14140.pdf.
11 Id. at 3.
12 Id.
13 Id.
14 Business in Japan: Meet Shinzo Abe, Shareholder Activist, ECONOMIST (Jun. 6, 2015), available at
http://www.economist.com/node/21653610/print.
ENGELBERG ESSAY GALLEYSFINAL
8/25/2016 11:36 AM
2016]
REIGNING IN A CULTURE OF FRAUD
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executives than their shareholders.15 This skewed interest in favor of corporate
executives is influenced by the Japanese tradition of ‘makoto’. 16 Makoto
means to “properly discharge all of one’s obligations so that everything will
flow smoothly and harmony will be maintained” above everything else, even
truthfulness and honesty.17 It is based on the belief that social harmony is best
achieved through conformity and obedience to authority.18 In a workplace
setting, makoto can create a leadership command chain similar to a military
hierarchy: the top executives give the orders and all lower level employees are
expected to obediently follow them.19 Understanding such values reveals how
corporate accounting frauds can go unchecked over the course of several
decades.20
In the Japanese business community, subordinate employees are expected