By James A. Loyola Japanese gaming mogul Kazuo Okada has asked the Department of Justice (DOJ) to reconsider its resolution indicting him and a former associate of estafa. Based on his motion filed with the DOJ, Okada claimed the department ignored crucial evidence that the money he received were authorized as salaries by Tiger Resort, Leisure and Entertainment, Inc. (TRLEI) itself. In its resolution, the DOJ found that Okada received the amount in trust and his compensation was not authorized by complainant TRLEI, operator of Okada Manila. Okada insisted that he did not receive the US$3.16 million in trust, but claimed that he lawfully acquired and earned them as salaries for April and May 2017 and consultancy fee for 2017 as Chief Executive Officer and consultant of TRLEI. “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,” Okada’s motion said. He claimed that Atty. Joseph Joemer C. Perez, the TRLEI’s Vice President for Legal and Compliance Department, was the one who prepared, finalized or at least approved these Agreements before they were signed by then TRLEI Chief Operating Officer Takahiro Usui, the other respondent in the case. “Atty. Perez coordinated with then Director and Head of Business Administration, Yoshinao Negishi on the details of these Agreements, including Mr. Okada’s compensation. It was Bora Lee, complainant’s Corporate Planning Officer, who handed Mr. Usui these Agreements and instructed the latter to sign them,” Okada said in his Motion. He added that, “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’s lawyers said TRLEI did not deny the evidence they presented before the Parañaque City Prosecutor’s Office, which dismissed the case for lack of probable cause last May 2018. He maintained that his compensation for valuable services rendered was authorized and legal as it was signed by Usui, who was authorized by TRLEI to sign agreements entered into, including employment contracts, engagement letters, consultancy agreements, service agreements or any other similar or related documents. Okada’s appointment as CEO and consultant was approved by the Board of Directors in a resolution adopted on April 4, 2017. Also, Okada said it would be ridiculous for the casino mogul, who has been responsible for investments of more than $2 billion in Okada Manila, to defraud, or conspire to defraud, the hotel that he established for a measly US$3.16 million.