SESC Latest Topics No.88<January 2023>

Last Updated : January 19, 2023

What’s New on the SESC Website

This page contains the latest in events, developments, and updates to the SESC website.

Press Releases

(Following press release is available in Japanese)

 

Financial Instruments Businesses etc.

December 9, 2022:

Petition for a court injunction against the president of Mt.light (MTL)open new window

<Summary>

Based on investigations of OS-Laugh Marketing Ltd (hereinafter “OS”) and YAMAMOTO Koji (hereinafter “YAMAMOTO”), President of Mt.light (hereinafter “MTL”), on suspicion of offering foreign exchange margin transactions to investors in Japan under the name of MTL, the SESC identified that OS and YAMAMOTO engaged in over-the-counter derivative transactions on a regular basis without statutory registration. The SESC filed a petition with the Tokyo District Court to issue an order against YAMAMOTO to prohibit and stay the aforementioned activities in violation of the Financial Instruments and Exchange Act.

Market Misconduct

December 26, 2022:

Filing a criminal charge of committing insider trading of the shares of Ateam Inc. (1)open new window

<Summary>

The SESC filed a criminal charge against a suspect with the Tokyo District Public Prosecutors Office for violations of the Financial Instruments and Exchange Act (hereinafter “FIEA”) (insider trading and providing of insider information).
 
Suspect A was an employee of SQUARE ENIX CO., LTD. (hereinafter “SQUARE ENIX”), and around late September 2020, came to know in the course of his/her duty one material fact concerning the operations, business, or assets of Ateam Inc. (hereinafter “Ateam”), the shares of which are listed on the securities market of the Tokyo Stock Exchange, that has a significant influence on investors' investment decisions, such as the fact that development of a new game for mobile phones that Ateam and SQUARE ENIX had jointly been promoting had progressed to a stage where distribution would be expected to begin, and another material fact concerning Ateam’s business, etc. to the effect that the executive decision-making body of Ateam had made a decision to form a business alliance to jointly manage the distribution, etc. of the game.

  1. Suspect A purchased a total of approximately 91,000 shares of Ateam for a total of approximately 105 million yen under the name of suspect A via a securities firm between around late September 2020 and around late February 2021, prior to the announcement of each material fact, despite there being no applicable exemption clause under the FIEA.
  2. Around late December 2020, prior to the announcement of each material fact, suspect A informed his/her acquaintance of each material fact, with the intent of enabling the acquaintance to make a profit by purchasing the shares of Ateam in advance. Based on this, the acquaintance purchased a total of 10,000 shares of Ateam for a total of approximately 11.8 million yen under the name of the acquaintance via a securities firm between around mid-January 2021 and around mid-February 2021, prior to the announcement of each material fact, despite there being no applicable exemption clause under the FIEA.
December 26, 2022:

Filing a criminal charge of committing insider trading of the shares of Ateam Inc. (2)open new window

<Summary>

The SESC filed a criminal charge against a suspect with the Tokyo District Public Prosecutors Office for violation of the Financial Instruments and Exchange Act (hereinafter “FIEA”) (insider trading).
 
Suspect A was an employee of SQUARE ENIX CO., LTD. (hereinafter “SQUARE ENIX”), and around mid-December 2020, came to know in the course of his/her duty one material fact concerning the operations, business, or assets of Ateam Inc. (hereinafter “Ateam”), the shares of which are listed on the securities market of the Tokyo Stock Exchange, that has a significant influence on investors' investment decisions, such as the fact that development of a new game for mobile phones that Ateam and SQUARE ENIX had jointly been promoting had progressed to a stage where distribution would be expected to begin, and another material fact concerning Ateam’s business, etc. to the effect that the executive decision-making body of Ateam had made a decision to form a business alliance to jointly manage the distribution, etc. of the game and purchased a total of 120,000 shares of Ateam for a total of approximately 144.7 million yen under the name of suspect A via a securities firm between around late January 2021 and around late February 2021, prior to the announcement of each material fact, despite there being no applicable exemption clause under the FIEA.

False Disclosure Statement

December 9, 2022: 

Recommendation for an administrative monetary penalty payment order against DDS, Inc. for making false statements in its disclosure documents.open new window

<Summary>

The SESC made a recommendation that the Prime Minister and the Commissioner of the Financial Services Agency impose an administrative monetary penalty order of 205,730,000 yen against DDS, Inc. (hereinafter, “the Company”). As a result of an inspection from a disclosure-regulation perspective, the SESC found that the Company had prepared consolidated financial statements that contained an excessive amount of sales and an undervalued amount of provision of allowance for doubtful debt and had failed to disclose risk information regarding going concern in accordance with improper accounting treatment. The SESC accordingly decided that the Company had made false statements in the disclosure documents and omitted a material particular that should have been disclosed in the disclosure documents.

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