By Mariko Yasu, Mikako Nakajima and Jason Clenfield April 7 (Bloomberg) — Fujitsu Ltd. former President Kuniaki Nozoe started legal proceedings against his previous employer after he said the company forced him to resign using unfounded allegations of ties to organized crime. The company received a document from Nozoe on March 29 and its statutory auditing officers will meet to investigate his complaint as required by law, Fujitsu spokesman Etsuro Yamada said by phone from Tokyo, declining to elaborate. Nozoe will hold a press conference later today, according to his lawyer. The move escalates a dispute that started last month when the former executive at Japan’s biggest computer-services company asked Fujitsu to nullify his September resignation and reinstate him. The public spat reflects a breakdown of corporate governance, said Yoshihiro Ito, senior strategist at Okasan Asset Management Co. “Given what a huge corporation this is, it shakes people’s trust in the company,” said Tokyo-based Ito, who helps oversee $8 billion in assets. “If Fujitsu can continue to turn in better results, they’ll be able to win back investor trust.” Fujitsu said on March 6 it had asked Nozoe to resign because he had links to a company with an “unfavorable” reputation, more than five months after saying he quit for health reasons. Nozoe, 62, denies having ties to “antisocial forces,” or organized crime, his lawyer Kei Hata said in an interview last month. Fujitsu fell 1 percent to 619 yen as of the 11 a.m. trading break on the Tokyo Stock Exchange, while Japan’s benchmark Nikkei 225 Stock Average added 0.4 percent. The stock has gained 1 percent since Sept. 25 when Nozoe stepped down, underperforming the Nikkei’s 10 percent advance. Financial Compensation Nozoe will seek several hundred million yen in compensation, the Mainichi newspaper reported earlier today, citing an unidentified person familiar with the plan. Fujitsu has no knowledge of such a claim, Yasuhiko Yodo, a company spokesman said by phone. “Whatever happens next in court, doesn’t mean much to investors,” said Okasan Asset’s Ito. “The question is how the company performs. So you have a few people tied up in court; that’s not going to send shock waves through a company this size.” Japanese law requires shareholder suits first be channeled through corporate auditors whose job it is to police company directors, Mitsuhiro Kamiya, a partner at Skadden, Arps, Slate, Meagher & Flom LLP in Tokyo, said in an interview. Shareholders can sue the executives directly if auditors don’t act within 60 days, he said. Auditors’ Action Unlikely “Unless the former CEO can produce new evidence about which they’re not aware, it’s highly unlikely that the statutory auditors will take action against the directors,” Kamiya said. Fujitsu told Nozoe his links to a fund involved in the potential sale of Fujitsu subsidiary Nifty Corp. was improper because the fund had connections with “antisocial forces” or organized crime, Hata said last month, declining to identify the fund. Nozoe, who was sick at the time of his resignation in September, agreed to cite health reasons to avoid damaging the reputation of the company he headed, Fujitsu said in its March statement. The former president agreed to step down because he understood his actions put the company’s reputation at risk, not because of malpractice or illegal actions, according to the statement. Investors Weren’t Misled Last month, the Tokyo Stock Exchange ended a probe into the conflicting reasons given by Fujitsu and determined the company didn’t mislead investors enough to warrant a sanction. In January, Fujitsu named Masami Yamamoto president, to take over the role from Chairman Michiyoshi Mazuka who temporarily assumed the position after Nozoe’s resignation till the end of March. During Nozoe’s 15-month tenure, the company pushed forward with the sale of its hard-disk-drive business to Toshiba Corp. and agreed to outsource some chip production to Taiwan Semiconductor Manufacturing Co., the world’s largest custom-chip maker, to cut spending. The company also sought to strengthen its operations in Europe by making Maarssen, Netherlands-based Fujitsu Siemens Computers Holding BV a fully owned subsidiary. Fujitsu swung to a profit in the third quarter after the company sold money-losing hardware businesses . Net income was 4.1 billion yen ($46 million) in the three months ended Dec. 31, compared with a 40.8 billion yen loss a year earlier, the Tokyo- based company said on Jan. 29. The company forecasts annual net income of 95 billion yen and operating profit at 90 billion yen on sales projected at 4.75 trillion yen. To contact the reporter on this story: Mariko Yasu in Tokyo at myasu@bloomberg.net .
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Fujitsu’s Ex-President Takes Legal Action Over Organized Crime Allegations
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