Post
Topic
Board Bitcoin Discussion
Re: Today, Mark Karpeles learns how to spell "EMBEZZLEMENT"
by
Gleb Gamow
on 12/09/2015, 02:32:35 UTC
Anybody have any idea about what kind of punishment he could face if found guilty on those charges?


If you really want to know then here's what looks like their penal code - http://www.cas.go.jp/jp/seisaku/hourei/data/PC.pdf

The following is from the document you posted, not sure they will all apply though, just posting here for interest....

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Article 252. (Embezzlement)
(1) A person who embezzles property in his/her possession which belongs to another, shall be punished by imprisonment with work for not more than 5 years.
(2) The same shall apply to a person who embezzles his/her own property when the person has been ordered by a public office to hold the property in custody

Quote
Article 235. (Theft)
A person who steals the property of another commits the crime of theft and shall be punished by imprisonment with work for not more than 10 years or a fine of not more than 500,000 yen.

Quote
Article 246-2. (Computer Fraud)
In addition to the provisions of Article 246, a person who obtains or causes another to obtain a profit by creating a false electromagnetic record relating to acquisition, loss or alteration of property rights by inputting false data or giving unauthorized commands to a computer utilized for the business of another, or by putting a false electromagnetic record relating to acquisition, loss or alteration of property rights into use for the administration of the matters of another shall be punished by imprisonment with work for not more than 10 years.


Most countries give you a reduced sentence for pleading guilty, and the chance for further reductions in your sentence for good behavior inside. Sometimes criminals get released on parole half way through their sentence. I don't know if Japan uses that system, but if it does he might only serve a few years if he's found guilty. Remember Nick Leeson, the derivatives broker whose fraudulent trading lost Barings Bank $1.4 billion. He was only sentenced to six and a half years, and he got out early.

https://en.wikipedia.org/wiki/Mt._Gox#Insolvency_and_shutdown

On 23 February 2014, Mark Karpelès, the CEO of Mt. Gox, resigned from the board of the Bitcoin Foundation. The same day, all posts on their Twitter account were removed.

On 24 February 2014, Mt. Gox suspended all trading, and hours later its website went offline, returning a blank page. An alleged leaked internal crisis management document claimed that the company was insolvent, after losing 744,408 bitcoins in a theft which went undetected for years. Six other major bitcoin exchanges released a joint statement distancing themselves from Mt. Gox, shortly before Mt. Gox's website went offline.

On 25 February 2014, Mt. Gox reported on its website that a "decision was taken to close all transactions for the time being", citing "recent news reports and the potential repercussions on MtGox's operations". The chief executive, Mark Karpelès, told Reuters that Mt. Gox was "at a turning point".


https://en.wikipedia.org/wiki/Nick_Leeson

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Leeson left a note reading "I'm Sorry" and fled Singapore on 23 February. Losses eventually reached £827 million (US$1.4 billion), twice the bank's available trading capital. After a failed bailout attempt, Barings was declared insolvent on 26 February.

But February made me shiver
With every paper I'd deliver
Bad news on the doorstep
I couldn't take one more step

I can't remember if I cried
When I read about the downfall ride
Something touched me deep inside
The day Mt Gox died