Lawsuit Filed Against Japanese U.S. Subsidiary
23 January 2005A federal lawsuit was filed against Marubeni America Corporation ("MAC" or the "Company"), a Japanese general trading company based in New York, by Thompson Wigdor & Gilly LLP, on behalf of two Senior Vice Presidents and General Managers that alleges MAC engages in rampant discrimination against American and other employees on the basis of their race, color, and/or gender and has engaged in intimidation and committed serious financial fraud. According to the lawsuit, MAC executives have committed blatant and egregious acts of unlawful discrimination, financial fraud, and other improprieties. Specifically, the complaint alleges that:
* MAC engages in pervasive illegal employment practices against American and other non-Asian/non-Japanese employees, particularly against women and other minorities;
* An outside consultant concluded that MAC is a "ticking time bomb" and that it has a "very destructive and racially charged environment;"
* MAC executives openly called African-American, Hispanic and Jewish employees derogatory names;
* The former top HR official at MAC frequently called a female Jewish employee a derogatory name and kept a bracelet with swastikas on it that he intended to give to her;
* MAC has repeatedly sought to fire women because they became pregnant;
* Internal communications explicitly state that MAC's outside counsel, the law firm of Proskauer Rose LLP, has done a "masterful job" protecting MAC from different minority groups possibly litigating;
* A former CEO of a MAC subsidiary routinely ordered that his internal accountants "cook the books" and used thousands of dollars of corporate funds to bail himself out of jail after being arrested for Driving Under the Influence of Alcohol and later ordered that the money be buried in the general expense account.
"The evidence of discrimination against Americans is overwhelming," said Kenneth P. Thompson, attorney for the Plaintiffs and a former federal prosecutor. That evidence includes company emails, other internal documents detailing the unlawful discrimination or fraud, and written admissions from the CEO and CFO of MAC that the Company had engaged in discrimination, fraud, and other unlawful activities. "The e-mails and internal documents are devastating proof of the corruption, fraud, and unlawful discrimination," said Thompson. The Plaintiffs, the Senior Vice President and General Manager of Human Resources and the Senior Vice President and General Manager of Internal Auditing at MAC, who are Caucasian, allege that they were retaliated against by the Company for complaining about the widespread discrimination, financial fraud, and other wrongdoing occurring at MAC. As an example of the retaliation, MAC repeatedly threatened to go to the Federal Bureau of Investigation to commence a federal criminal investigation on trumped up charges that they conspired to defraud millions of dollars from MAC. "The threat to go to the FBI was a desperate attempt by the Company to intimidate our clients into keeping silent," said Scott B. Gilly, counsel to Plaintiffs. In addition, several other longtime employees at MAC have come forward to expose the rampant discrimination being committed at MAC against non-Asian/non-Japanese employees. These individuals have also filed charges of discrimination against the Company. There will be a press conference at 2:30 pm at the law offices of Thompson Wigdor & Gilly LLP, located at 350 5th Avenue, Suite 5720, New York, NY 10118. The two Senior Vice Presidents and General Managers and other MAC employees will be present. Copies of the federal complaint, and documents containing evidence of the discrimination, including Company emails, will be distributed at the press conference. Other applicants or employees of MAC who feel they have suffered discriminatory treatment should contact the law of firm of Thompson Wigdor and Gilly LLP.
CONTACT: Kenneth P. Thompson (212) 239-9292
Source: PR Newswire
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