I’ve heard that the defendant in the 26.9 million yen lawsuit has changed the cause of action to a claim for damages based on tort. By establishing the tort of fraud, they may intend to pursue criminal prosecution for fraud. Since the civil statute of limitations has expired and a claim for restitution of unjust enrichment is no longer possible, have they given up on that and are now determined to destroy me at any cost?
As for me, my options are: switch to a settlement to reduce the payment amount; fight it tooth and nail until the seven-year criminal statute of limitations expires; accept criminal prosecution for fraud and face up to ten years in prison; or be committed to a mental hospital for life. It boils down to these four choices.
First, since the statute of limitations for criminal charges is unlikely to apply, I’ll set that aside for now. Since the threshold for a felony fraud charge is apparently 4 million yen or more, and I received 6.9 million yen in this case, accepting a criminal complaint could lead to a long prison sentence—something I’d like to avoid. That leaves either option 1 (switch to a settlement) or option 4 (lifelong confinement in a psychiatric hospital).
Let’s consider option 4. From a criminal law perspective, I am in a state of mental incapacity (the first cycle of arrest, detention, and involuntary hospitalization in the Ueshima case), so even if I were criminally charged with fraud, I would likely just be sent to a mental hospital. Furthermore, based on the fact that I was permitted to use a smartphone after about 10 days during the second cycle of the Ueshima case—which involved arrest, detention, and involuntary hospitalization following a report about the content of an X post—it seems likely that smartphone use will be permitted for now.
My father, Ichiro, will be sent to a care facility by the end of the year, and my wife and two sons will likely be looked after by my mother-in-law, Tomoko. If I am hospitalized for a long term, I can surely ask her to take care of my two cats as well. For now, the family issues have been resolved. By the time the victim makes the bank transfer, my mental disability rating will have been upgraded to Grade 2 due to a dispute with my mother-in-law, so I believe I can get away with insisting that I was in a state of mental incapacity.
However, to bring the Ueshima Trial to a conclusion, I want to avoid arrest, detention, and involuntary hospitalization. It seems unlikely the trial will conclude by the end of the year, and a scenario where I wrap up the Ueshima Trial and then get hospitalized on fraud charges is also far-fetched.
In that case, it would be best for damage control to settle this case now, counting on the compensation from the Ueshima Trial, and pay the settlement using the profits from the real estate sale. This way, I can avoid arrest, detention, and involuntary hospitalization and maintain my social life.
It has become clear from the Ueshima trial that lawyers are scum who, when refuted on legal grounds, will stop at nothing to crush you using the industry’s power harassment (though they are better than lawyers who don’t even realize they’ve been refuted), but it seems the opposing counsel in this case has been refuted by me.
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We need to drive out professionals and special public officials who interfere with the process by scratching their heads in their pockets—for example, by filing claims for damages against them in civil lawsuits. Lawyers like Masamichi Ueshima, social workers like Tomoko Arakawa, and members of the imperial family like Princess Kako of Akishino have emerged as enemies, but I will handle those who cannot be eliminated through industry-wide culling.
I can easily handle that burden, but the problem lies with my eldest son, Hokuto, and my second son, Ayumu, who are sharing the burden with their father.
Leo J Toyama