Thursday, July 15, 2010

Scandals expose venerable sumo's shady underbelly

  

  

Image: Sumo wrestlers

  — Sumo is more than a sport to Japan. It's like a religion, a bastion of traditional culture and a matter of national pride. Wrestlers aren't just athletes — they are icons, role models and, often, larger-than-life heroes.

  Unless, of course, they are getting busted for smoking marijuana, breaking noses in drunken brawls or hobnobbing with gangsters.

  And, these days, that's pretty much all the time.

  Causing Japan much consternation, recent police investigations have exposed the colorful sport's cozy connections to the "yakuza" underworld, outside-the-ring violence and widespread recreational drug use, dragging sumo's venerable image through the dirt and prompting many to wonder if it can stand up to modern scrutiny.

  Sumo's unrelenting scandals have gotten so bad that Japan's public broadcaster, for the first time since 1953, has pulled its ongoing tournament from the air, scrapping three hours of live, daily coverage for a 20-minute program of taped highlights.

  Sponsors have bolted and fans are staying away in droves. At the 15-day contest now under way, where the stands are only about half full, police officers are prowling entrances under signs saying "Gangsters Keep Out."

  "It's a very tough situation for the wrestlers," said Tamako Imoi, a 63-year-old fan. "I love the sport, that's why I'm here. But I don't want them hanging around with criminals. They should live up to their traditions."

  Betting, bout-fixing charges

  Sumo's latest quagmire involves a criminal investigation into dozens of top wrestlers and coaches who allegedly wagered tens of thousands of dollars on baseball, with gangsters as go-betweens.

  The fracas started in the tabloid press, which has long alleged sumo is rife with underworld influences, including bout-fixing — allegations officials have repeatedly denied.

  This time, however, the charges have stuck.

  Popular wrestler Kotomitsuki, who held the sport's second-highest rank, admitted last month he bet on professional baseball. Police say he was then extorted by a gangster who threatened to go public. Soon after Kotomitsuki's fall, coach Otake, who is a former wrestler, cried on national TV as he acknowledged running up betting debts of more than $50,000.

  The association sidelined both, and punished more than a dozen others — an unprecedented seven top wrestlers are sitting out the tournament. The association's chief was temporarily replaced by a former public prosecutor.

  "The crisis that we face is one unlike any we have experienced before, and we apologize to our fans," outgoing chairman Musashigawa said.

  Yakuza link

  But many sumo watchers say the latest scandal merely underscores a close relationship sumo has had with the yakuza for decades, a relationship they say is likely to continue.

  

Image:

  Sumo wrestlers clad in summer kimonos walk towards an arena for their bouts at the Nagoya Grand Sumo Tournament in Nagoya, central Japan, on Thursday.

  "Sumo is involved in organized crime because they've had a symbiotic relationship for years," said Jake Adelstein, a former crime beat reporter for a Japanese newspaper and author of the best-selling book "Tokyo Vice." "The wrestlers and the yakuza have a macho admiration for each other. The yakuza by being seen with the sumo wrestlers, acquire 'status' and the sumo wrestlers get money, booze, food, and women."

  Adelstein said smaller training stables don't have big corporate sponsors and need the money the yakuza offer. "The average salary of a sumo wrestler is a pittance and they need the cash," he said, adding that once a wrestler is beholden to the

  mob he is vulnerable to demands to throw bouts — which the gangsters bet on — to clear his debts.

  Police anger and TV's decision to pull the plug go back to an incident last year, when 55 gangsters from the notorious Yamaguchi-gumi syndicate took front row seats at a tournament to bolster the spirits of their comrades in prison.

  The gangsters were clearly visible on the live TV broadcasts, one of the few shows inmates are allowed to watch in jail.

  The incident led to punishment for two sumo elders, but no criminal charges

  Drugs and drunken brawls

  But by that time sumo was already grappling with the expulsion of several top wrestlers — including two Russians — for marijuana possession and the conviction last December of a coach and his proteges for hazing a 17-year-old wrestler so harshly that he died.

  And sumo's woes didn't stop there.

  Earlier this year, Mongolian grand champion Asashoryu quit the sport in disgrace after a drunken brawl outside a nightclub. As the holder of sumo's highest rank, Asashoryu's behavior was seen by many as evidence of how low the sport's moral standards had fallen.

  The scrutiny over the scandals has also put the spotlight on the ancient sport's troubles adjusting to Japan's modern realities.

  Though sumo is still popular, NHK is the only major TV network that still airs the six annual tournaments. Commercial networks pulled them years ago as ratings slid and the sumo authorities requested more money for broadcasting rights.

  Today, baseball, soccer and golf more often than not precede sumo on TV newscasts. Sumo audiences are usually made up mostly of middle-age or older fans, further evidence the sport is losing its appeal to young Japanese viewers.

  Worries for the future

  Getting youngsters to actually join up is more difficult still.

  Because of the rigors of the sumo lifestyle — which often starts in a boy's early teens with a live-in apprenticeship at Spartan training stables — fewer Japanese are willing to go pro. That vacuum has been filled by wrestlers from abroad, who now make up most of the top echelon.

  Only one wrestler with the second-highest rank is Japanese. At 37, he is likely to retire soon.

  The sport's reigning grand champion, a Mongolian named Hakuho — who is not implicated in any wrongdoing — slammed the association's handling of the scandal and particularly its decision to withhold trophies for the winner, which will likely be him.

  But fans were more worried about sumo's future.

  "I don't think there is any way to deny that the Japanese don't support sumo as much as they used to," said Toru Ishii, a fan who came at 8 a.m. to watch the younger wrestlers' matches. "We grew up with sumo, but young people today hardly ever do sumo. We have high standards for sumo wrestlers. This is all very sad."

Miami Heat fans reach out to welcome new superstar trio of James, Bosh and Wade

  

  

Fans cheer and reach out to the Heat's new superstar trio as, from left, Dwyane Wade, Chris Bosh and LeBron James are introduced during a raucous welcome party at American Airlines Arena in Miami.

  MIAMI -- Two-time NBA most valuable player LeBron James might have emerged from his nationally televised press conference Thursday as the most disdained current sports figure in Cleveland, and the Miami Heat might be in growing contention with the New York Yankees for the distinction of being the nation's most detested team, but the love flowed in American Airlines Arena on Friday night.

  Heat fans snatched up the 13,000 available free tickets for a raucous post-signing celebration at which the Heat celebrated its clean sweep of the most celebrated free agents on the NBA's market this summer, having landed James, Dwyane Wade and Chris Bosh. The Heat completed sign-and-trade deals on Friday with Cleveland and Toronto, respectively, for James and Bosh. All three players signed six-year contracts, but for less than the maximum money allowed in order to give the Heat room under the salary cap to add other free agents, according to a Heat official.

  "It's been emotionally draining at times, it's been exciting, it's been nerve-racking," James said at a news conference after the event. "I've been scared at times, I've been afraid sometimes, but I accepted the challenge to move on. . . . It feels great now."

  As fans waited for the newly anointed "Three Kings" of Miami to ink their contracts and emerge Friday night, they clacked clackers, shouted, danced, waved "YES. WE. DID." placards depicting the team's new super trio and shouted "Beat L.A.!" Hundreds of fans watched the festivities outside the arena.

  Season ticket packages had sold out by Friday morning, hours after James had announced on national television that he was forgoing a return to his hometown Cleveland Cavaliers in favor of Miami and his 2008 Olympic teammates.

  

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  "It feels right, it feels right," James told the crowd. "To be in this position, to wear this uniform. . . . We want to let the world know that the Heat is back."

  In the hours since he had announced he was joining the Heat, James had been accused of betraying his former team in a blistering open letter from Cavaliers owner Dan Gilbert to Cleveland's fans. After feeling the reception from Miami's fans, James said, his confidence in his decision grew.

  "I really don't have a reaction to what Dan said," James said. "When things hit the fan, you see a guy's true colors, and I understand that. I wish the organization the best of luck and I wish the fans the best of luck, because I still do love those fans. . . . Dan's comments are not going to stop me and my family from sleeping at night. It just won't do it."

  Added James: "I understand now I made the right decision. And to hear my former owner's comments, I also understand I made the right decision."

  He got quite an embrace Friday.

  More than an hour after the scheduled start of the welcome party, the trio rose from below the stage on a moving platform, emerging with their backs to the crowd amid smoke and fire, wearing white Heat uniforms. Wade sported his longtime No. 3, but Bosh, wearing No. 1, and James, wearing No. 6, chose new numbers.

  With Wade standing in the middle, the three preened and posed, absorbing the wild cheering of the crowd for several minutes. Then all made their way down a runway, handing out bent-over high fives to fans pressed against the stage.

  "It's not just me up here blowing smoke," James said. "We believe we can win multiple championships."

  The trio received keys to the cities of Miami and Miami Beach and Miami-Dade County. The team's English language announcer Eric Ried called the arena "Dwyane Wade's House," "LeBron James's Kingdom," and "Bosh's Pit."

  At least one celebrity will stay on the sideline: Hall of Famer Pat Riley, the team's president, confirmed he would not return to coach. "That's not an issue . . . Erik Spoelstra is the head coach of this team," Riley said. James, Wade and Bosh "don't want me to coach this team."

  The object of burned No. 23 jerseys in Cleveland Thursday night, James tugged on his jersey to flash the "Heat" inscription when his name was announced.

  "When I get a rebound, I got LeBron on my left and I have D. Wade on my right," Bosh said. "That's all I gotta say, really. Yeah, I'm lucky."

Thursday, July 8, 2010

  For Lohan, the intense scrutiny is just beginning

 

  By ANTHONY McCARTNEY (AP) – 29 minutes ago

  LOS ANGELES — A slew of Lindsay Lohan's recent drug tests were clean, but her fingernails definitely are not.

  The day after the actress was sentenced to serve 90 days in jail began with news outlets focused on the four-letter message painted on Lohan's middle fingers, which she prominently displayed during Wednesday's court hearing. The day ended with the release of a court filing that detailed what's in Lohan's medicine cabinet — a mix of legally prescribed antidepressants, a powerful painkiller and heartburn medication.

  Neither Lohan's manicure nor her medicines led to her return to jail, but both revelations are hints of the intense scrutiny facing the starlet in the coming months.

  In addition to jail time, Lohan will also have to check into an inpatient rehab program for three months and continue seeing a probation officer after that.

  She will also have to continue random drug and alcohol testing similar to the six screenings Lohan has undergone since missing a court date in late May.

  The results of those tests found no illicit drugs or alcohol, according to a probation officer's report released Wednesday. The screenings detected traces of the Adderall, which is used to treat attention hyperactivity disorder, and the powerful painkiller Dilaudid, which the report indicated was for Lohan's "dental pain."

  It did not indicate how often Lohan is taking the medications, but it stated she had valid prescriptions for all of them. She told the officer she has been taking the medications "for as long as she can remember."

  Lohan's medicines will be getting a closer look too. The judge assigned two doctors to evaluate Lohan and report back whether alcohol has any adverse reactions with the medications.

  The actress has been cooperative and had a positive attitude when showing up for the tests and hoped to put the nearly three-year-old criminal case behind her, the report stated.

  Photos taken by a courtroom photographer of the expletives stenciled on Lohan's fingers left many to question the star's attitude and the sincerity of her apology to the judge Tuesday.

  Lohan insisted in a Twitter posting Wednesday afternoon that the message wasn't meant for the judge doling out the punishment. "It had nothing to do w/court," Lohan wrote. "It's an airbrush design from a stencil."

  Regardless of why it got there, the message is unlikely to have any impact on Lohan's court case when she turns herself in on July 20.

  Inscribing fingernails with messages is an emerging trend with the younger set, said celebrity manicurist Jenna Hipp, adding that she wrote a secret message beneath Gabourey Sidibe's manicure when the "Precious" star was preparing for the Oscars.

  "Kids are just starting to play a little bit more with their fingernails," Hipp said. "Now with Lindsay doing it, of course, it's going to go crazy."

  Amid all the nail-gazing Wednesday, Lohan did receive a a bit of a reprieve. Another judge agreed to delay an upcoming civil trial that stems from one of the actress' 2007 arrests until after she's out of jail.

  There are no signs the case is going to settle, which leaves Lohan one more reminder of two turbulent months in 2007 that saw her arrested twice and three years later, is keeping her in the spotlight.

  AP Entertainment Writer Sandy Cohen contributed to this report.

  Copyright © 2010 The Associated Press. All rights reserved.

  

  Actress Lindsay Lohan reacts after the sentencing by Superior Court Judge Marsha Reve during a hearing in Beverly Hills, Calif., Tuesday, July 6, 2010. The judge sentenced Lindsay Lohan to 90 days in jail Tuesday after ruling she violated probation in a 2007 drug case by failing to attend court-ordered alcohol education classes. (AP Photo/David McNew, Pool)

Wednesday, June 16, 2010

With Criminal Charges for Oil Spill, Costs to BP Could Soar

 

    As BP watches its bill rise quickly for the oil spill, including $20 billion it is setting aside for claims, it could find the tally growing much faster in coming months if the United States Department of Justice files criminal charges against the company.

   Based on the latest estimates, for example, the daily civil fine for the escaping oil alone could be $280 million. But criminal penalties, if imposed, could cause the costs to balloon still further, said David M. Uhlmann, a law professor at the University of Michigan, who headed the environmental crimes section of the Justice Department from 2000 to 2007.

  Others note that such penalties could lead to loss of government contracts.

  Even misdemeanor convictions under environmental laws could produce stunningly large fines under general federal criminal statutes, Mr. Uhlmann added. That is because the Alternative Fines Act allows the federal government to request twice the gain or loss associated with an offense if the Justice Department shows that a crime was committed.

  Predictions by analysts of the overall cost of the spill to BP, when criminal penalties are included, have been rising. On Wednesday, Pavel Molchanov, an analyst at Raymond James, estimated the total legal cost, including criminal fines, at $62.9 billion, which would dwarf the $20 billion escrow account to be used to pay claims of economic loss.

  The agreement to create the fund would not pre-empt people from using the courts to resolve disputes with BP over the spill.

  Proving a criminal case beyond misdemeanor crimes under federal environmental laws could be difficult. The standard for proving environmental misdemeanors can be relatively low: merely negligent actions can lead to misdemeanor penalties under the Clean Water Act.

  Prosecutors would probably prefer, given the severity of the ecological crisis caused by the spill, to seek tougher penalty charges, Mr. Uhlmann said. But those carry a tougher standard of proof. The government would have to show that the company knew its actions would lead to the gushing well on the ocean floor.

  A BP spokesman, Toby Odone, said, “We wouldn’t comment on either current or future legal matters.”

  Andrew Ames, a spokesman for the Justice Department, said there was no timeline for the civil or criminal investigations, and that the department was “looking for all possible violations of the law.”

  The department is reviewing the actions of all companies involved in the spill, and focusing on several environmental laws in particular, including the Clean Water Act, which carries civil and criminal penalties, and the Oil Pollution Act of 1990.

  The Migratory Bird Treaty Act and the Endangered Species Act, which provide penalties for injury and death to wildlife, could come into play, along with “traditional criminal statutes,” Mr. Ames said.

  The investigation would almost certainly take into account prior criminal plea agreements from the company, like the guilty plea in the 2005 refinery explosion that killed 15 people in Texas City, Tex.

  Prior criminal charges can be used during a trial to support arguments that the Deepwater Horizon disaster is not a unique occurrence, but the result of a corporate culture that lets schedule and budget pressures lead to increases in risk.

  Any criminal charges are unlikely to reach up to the executive suite, and would apply to the company as an entity.

  Few of the laws under consideration by the Justice Department have felony provisions that would lead to incarceration, and even those require a direct and intentional connection between the defendant and the crime.

  Stanley L. Alpert, a former federal prosecutor of environmental crimes, said that even if decisions that might have contributed to the disaster are found to be criminal in nature, they are rarely made by top executives. “It’s likely it was done at a much lower, operational level,” Mr. Alpert said.

  Criminal indictments alone could have substantial ripple effects on a company’s fortunes, said Steven L. Schooner, a professor at George Washington University Law School. A company that is indicted risks being blacklisted from future sales contracts with the government under procedures officially known as suspension and debarment.

  BP sold $1.6 billion worth of aviation fuel and other products to the military last year, according to the government’s procurement site, usaspending.gov. If a company were given a short-term suspension or debarment, which can last three years, it would not be eligible to get a new contract during that time, Mr. Schooner said.

  The point of debarment under the law, he said, is not to punish, but to protect the government from suppliers that do not perform.

  Still, he added, “It would not surprise me at all if somebody in the White House decided that we ought to suspend or debar BP just because it will make it look like we’re doing something.”

  Many states monitor the federal debarment list, Mr. Schooner said, and so sales to airports, fire departments, school districts and more could be imperiled by a listing. “The trickle-down can often exceed the initial problem,” he said.

  Mr. Uhlmann said that if the federal government took an extremely aggressive approach, it might try to argue in court that suspension or debarment should also be applied to the company’s federal drilling and operating licenses — potentially, a devastating blow.

  But, he added, it would be a risky tactic that would stretch the definition of the blacklisting process. Even if it were successful, it could stay in place only “as long as the condition giving rise to the violation remained in effect.” If the company overhauled its processes as part of a settlement, he said, the ban would have to be lifted.

  State law enforcers, working from state environmental statutes, might step in as well, predicted Tracy D. Hester, who teaches environmental law at the University of Houston Law Center.

  “BP may think they are dealing with one big man across the ring,” Mr. Hester said. “The fact is, they are going to have a tag team.”