JSP Catchup #6: Probe Uncovers 40-year Japanese Contractor Fraud

This story was NOT a surprise; the fuller story is at Japan Still Calculating Cost of Defense Firm’s Padded Bills, but ever since NEC Corp. in 1998 was found with its hands in the till, I have been wondering who would be fingered next, and when, and why when, and why.

I say this because when I chatted to people back in 1998, the practice of padding contracts with surplus labor costs was widespread in the space and defense sectors and this was commonly known. At the time the questions were Why NEC? And Why Now? Below my initial October story is NEC SCANDAL SHEDS LIGHT ON JAPANESE PROCUREMENTS, a more fruity web version of a story that I originally wrote for Space News back in the day.

The timing for the original NEC story was also interesting as NEC was strongly pushing for its version of what was to become Japan’s IGS spy satellite system that was provoked by the Teapodon Triggeran analysis that Saadia and I wrote about in In Defense of Japan (thank you Google Books!)

At the time NEC’s version of what was to become the IGS would have featured smaller satellites and cost less than Melco’s system. But with NEC suddenly out of the picture, Melco, with Ichiro Taniguchi at the helm, managed to personally lobby Japan’s Cabinet in the weeks after the Taepondon launch, and Japan’ got the IGS.

Here is a nice picture from Space Safety Magazine of Japan’s 1,200-Kilogram IGS 1B Satellite re-entered Earth’s Atmosphere on Thursday, July 26, 2012 after spending nearly 9.5 years in space.  Another more detailed article about this can be found at Spaceflight.101.com.

Eventually, NEC’s small-bus and higher resolution system has  been re-emerging in the ASNARO system, which is now being pushed as an alternative and complementary system to the expensive and relatively lower performance IGS, and also as the linchpin of a satellite-based, pan-Asian disaster monitoring network that is now a major part of Japan’s emerging regional space diplomacy and security strategy.  At least the Vietnamese have bought into it, and while customers don’t seem to be forming a line yet, there is still a lot of hope out there.

Here is the initial story for Defense News:

NEC SCANDAL SHEDS LIGHT ON

JAPANESE PROCUREMENTS.

By Paul Kallender in Tokyo

When, in September 1998, an investigation into the Japanese Defense Agency (JDA) discovered that Japanese technology giant NEC Corp had systematically defrauded the taxpayer on 33 space contracts over the course of five years, it looked as though Japan’s obviously abused government procurement system was about to get a major overhaul.

The investigation began promisingly enough. On September 3, Tokyo prosecutors raided the JDA and arrested Kenichi Ueno, deputy head of the Procurement Office, and a clutch of executives from NEC subsidiary Toyo Communications.

This followed discoveries that not only had Toyo overcharged the JDA some $21m over dozens of equipment contracts, but that Ueno and others had conspired to prevent Toyo, NEC and other subsidiaries from repaying the money. NEC was raided the next day and by September 10, nine senior NEC and JDA executives were in jail.

It came to light that Ueno and others had lifted incriminating paperwork out of the Agency’s filing cabinets and put them into incinerators and even the homes of friends. NEC’s SuperTower headquarters was soon besieged by the Japanese phenomenon of ‘sound trucks,’ driven by right-wing extremists screaming abuse and demanding mass resignations.

But instead of resulting in the punishment of protagonists and the start of reforms, the scandal collapsed into a desultory cover-up. NEC’s initial response was to deny everything, with a bemused VP Masakatsu Miwa telling the media on September 10 that he did not expect top NEC executives to resign because of the scandal, going on to explain that he “wondered why” NEC officials were being implicated. Unfortunately for Miwa, on September 29, NEC’s overcharging was upscaled to $2.5bn, while, on the same day, a Parliamentary committee reported that the JDA had hired no less than 44 NEC executives in senior positions in just two years. By October 10, former NEC VP Hiroaki Shimayama and Takenori Yanase, VP of NEC’s Space Systems Division, had both been arrested.

Thieves charter

The National Space Development Agency (NASDA) launched an inquiry and on November 9, NEC admitted overcharging by at least $19m. Meanwhile on October 14, the JDA revealed that 225 of its officials had been hired by 20 suppliers in the past five years, shedding some dim light on a corner of Japan’s Amadudari (Descent from Heaven) career kickback system.

At the heart of the issue, according to NASDA’s former executive director Akira Kubozono, is the flawed government contract system which encourages corruption through a combination of legendary meanness and bureaucratic incompetence.

“There are two points about this affair,” he said. “One is that NEC is just a scapegoat. The second is that the governmental contract system is the cause of this scandal. When the defense contract revelations began, I thought it was only a matter of time before it spread into NEC’s space systems division as both defense and space procurement are conducted under similar systems.”

Under the Japanese government contract system, the co ntractor is obliged to repay any unused budget if the delivery price falls below the contract amount, and the contractor must also incur any costs if the project overshoots the agreed estimate — a thieves charter if ever there was one.

Furthermore NASDA, the Science and Technology Agency and the Ministry of Finance lack the technical expertise to evaluate bids and tend to just accept company estimates, says Kubozono. “The system needs to be reformed but I doubt this is possible as long as NASDA and the corporations are controlled by STA administrators (who also often retire to executive positions in NASDA) and not by engineers,” he says.

No mettle Kubozono, it seems, was right.

By November 12, the space scandal seemed to have been wrapped up, with NASDA saying it was satisfied that only NEC had abused the system. “The system has worked well for 30 years. We believe that a little devil whispered into NEC’s ear. We do not think it will happen again,” said Yasuyuki Fukumuro, NASDA PR deputy director. Fukumuro quickly admitted that NEC would be allowed to bid for Japan’s new spy satellite system, after a token contract moratorium.

Back at the JDA, a grand total of six senior officials will take up to 10% pay cuts for one to three months plus one official will receive a 10-day suspension, JDA chief Fukushiro Nukuga told the media at his November 20 resignation press conference.

The speech followed a report, which admitted that there had been “some incidents that could be regarded as a systematic cover-up,” perhaps referring to the 31 officials suspected of Berlin-bunker style burning of documentation that might have provided evidence.

But the worst thing about the affair, according to observers, has been the brazen arrogance of NEC. In his October 23 resignation speech, NEC Chairman Tadahiro Sekimoto, now under personal investigation for his role in the affair, denied any involvement but resigned out of “social responsibility” for the affair, astonishing Kubozono in particular.

“Sekimoto’s act was spineless. If he had honor he would have resigned to take responsibility, not quibbled. He showed no mettle and is a very poor example for younger business leaders. I fear for Japan’s future.”

An even poorer analysis comes from Youichi Teraishi, Editor of Japan’s ‘scandaru’ [scandal] daily, the Nikkan Gendai. He says that Sekimoto’s act compared unfavorably with Yakuza (the Japanese Mafia) standards of conduct. “This Oyabun [Japanese gang boss] showed a lack of chivalry. Captains of industry are supposed to be able to demonstrate this, but Sekimoto lacked the class,” he says.

Lastly, the scandal has left NEC seething that it was singled out for a brutal slap on the wrist. “Everyone is doing it, why should we be the scapegoat?” admitted one NEC official. “Our top management just stuck their heads in the sand and got shafted,” complained another.

This article first appeared in Global Technology News.

Japan’s First Space PFI

In its March 22 editorial Security, efficiency must go together in space use the Yomiuri Shimbun writes about how the Ministry of Defense is using a PFI to procure two badly needed communications satellites instead of renting transponders from what used to be Mitsubishi’s SCC Superbird satellites before SCC was absorbed by its longstanding rival J-SAT

(Actually its a bit more complex than this because of the digital satellite broadcasting wars of the 90s and the launch and demise of DirecTV and J Sky B’s PerfecTV! .You can tell who won by the name of the company that the MOD is renting transponders off: SKY Perfect JSAT Corporation.)

The Yomuiri goes on to say: “Military technology has made remarkable progress in recent years. Even in the field of space technology, more emphasis should be placed on national security aspects. The Defense Ministry will for the first time seek to obtain two communication satellites for its exclusive use.”

The Yomiuri’s point is that instead of renting X-band transponders, by having its own satellites,  “communication among the three forces will become smoother” and …”the share of communication lines allotted to each defense force can be adjusted. It will be also possible to place satellites in the most ideal position for the SDF, thereby ensuring high-speed, large-capacity–and better quality–communication lines.”

The story behind this is the zero-sum budget that the MOD currently faces for military space use. Those familiar with Japan’s nascent military space development will know that as early as 2009 the MOD created a shopping list of items it felt it might need in terms of military space assets, but these have remained a wish-list because (a) budget for them will have to come from somewhere else within the MOD (b) conservative elements in the MOD are wedded to massive hardware procurements and the space constituency in the MOD is new and has to fight for relevancy against the people who want more DDS or more F-35s (c) the Joint Chiefs of Staff have only just really started a military space policy following last year’s 2+2.

However the main point is the budget situation at the moment, hence the PFI solution, which was originally recommended by my old friend Sakamoto san, who used to lead SJAC’s space and aerospace unit. PFI will probably used for MOD’s EW or own dedicated SERVIS-3 based spy satellites, if these programs ever “get off the ground.”

Here is the original Space News Article:

Michibiki: Finally Licence to Guide

2011年6月15日

After 15 years and twists and turns that made IHI/Nissan’s bid for the J-1A->J-2->GX look like a skip around the block, Michibiki will finally become an openly accepted part of Japan’s emergent space-based national security structure.

There has always been a strong element of “aw-shucks, you don’t say” about the real purpose of the QZSS system, which is to provide a highly advanced (15cm to 1m positioning accuracy) sovereign (encrypted = military signal) positioning (read targeting) local (read regional) GPS system, that’s useful for…the same uses as the original GPS and GLONASS systems.

Although the what become the present system originated out of Melco and the old CRL (Communications Research Laboratory, now NICT) in 1996/7. I can still remember the pitch, and then the huge wrangle between the STA and MOFA with the U.S. over it. I covered this for Space News what, 14 and 13 years ago now.

In a recent conversation I had with a former GSDF general who is now a consultant for a major Japanese IT firm consulting the MOD to fight Japan’s cyberwars against 30,000 state-funded Chinese hackers, making sure QZSS has targeting capability has been formally on the table in inter-ministerial meetings (well at that time the MOD was the JDA) since at least 2005. In fact, retired general “X,” as we’ll call him, brought QZSS up unilaterally. The topic we were discussing was  the utility of UAVs and network-centric warfare and the limits of interoperability. The main issue for X was concern that Japan be capable of building a “rec’n’rocket” Global Hawk capability as well as a tactical capability so that battlefield, operations and strategic roles can be fulfilled. And then, as he put it, “there is the space element” of which QZSS or its successor will no doublt play a role…

2005. 2005. Well, well, well. Wasn’t that  time when the now-defunct ASBC (Advanced Satellite Business Corporation), who were responsible for window-dressing QZSS as an orbital Wall-Mart communications and broadcasting and “man nabi” system, gave me a very 玉虫色 (tamamushiiro) response about if they were talking to the JDA about the QZSS’s dual-uses.

The business model for QZSS as pounded out by ASBC didn’t make sense. Why would we need man-nabi from a keitai with an expensive chip plugged into a space-based system when nabi functions were already commonplace. Why would we need broadcasting when we already had BS* by NHK, and SKY PerfecTV washing our brains out with hundreds of channels of digital junk. SkyPerfect being the consolidated rump of what had been  DirecTV, PerfecTV and JSky B competing in Japan’s limited market, and JSAT competing with Mitsubishi’s SCC as a platform service providers. (SCC lost and was merged into JSAT). So there goes your business model.

As we make clear in In Defense of Japan, “..although the QZSS/Michibiki itself is a product of the 2000s, the system as a whole represents the culmination of eff orts to develop a regional GPS system dating back to the late 1980s.  Like a lot of the other space- based technologies discussed in this book, this one has had a long trajectory…”

More precisely, like everyone else, Japan realized that the space-based force muliplier technology and infrastruture, with gave birth to RMA, completely outdated militaries not similarly equipped in practically anything other than low-intensity conflicts. Thus the gearing up by Europe (Galileo), China (Beidou) (not exactly friends those two with the snooty French keeping the receipe for roast canard separate while the Chinese attempt to spice the whole affair up with illiberal doses of General Tao’s Sauce)  and and Japan (Michibiki) to develop its own PNT capability in case it was denied access or remained dependent on U.S. technology.

In the 1990s, the STA, METI, and the Ministry of Posts and Telecommunications (MPT), looked to develop a positioning system that would cover a large swathe of Asia, from the Kurile Islands to the north, China to the east, and Guam in the south. In March 1997 the then STA asked what was then NASDA (now JAXA) to move ahead with research into the highly accurate, satellite-mounted atomic clocks needed for a high-precision GPS. This was billed at the time as a matter of “economic security.” As anyone who understands Japan’s nomenclature, “economic security” is a fine bedfellow of “security” and his old chum “national security.”  The facinating story of how Michibiki got developed is summarized in In Defense of Japan. Meanwhile, as my recent story in Space News below tries to make clear, the curtains have been drawn open, and people in Japan are starting to talk about Michibiki’s national security role more openly.

*BS means Broadcasting Satellite in Japan, not “the other” meaning.