★ Facility name, location, identities of individuals on the evidence is covered to minimize the effect on the children.
Victorinox Abuse Case Fraud Scheme
"Standard Rental Contract”
1. First Proposal
2. Notice of Order at Private Homes
3. Final Order
4. Pandemic Relief Refusal
5. Letters on Victorinox Japan
“Rent was Penalty Fees”
1. Finance Manager Letter
2. Mediation
3. Informing "Legal Scam" to Carl Elsener Jr
4. Carl Elsener Jr Confirmation Letter
“Heavy Crime Eviction Threats”
1. Eviction Threat 1 - Charity Organization for Children with Disabilities
2. Eviction Threat 2 - Preschool by Violence & “Yakuza Story” Tabloid
3. Eviction Threat 3 - Preschool
4. Eviction Threat 4 - Preschool
5. Eviction Threat 5 - Evacuation & Confiscation
“Fake News Character Assassination”
1. Fraud & Tax Evasion
2. Social Media Campaign Starts
3. False Legal Statement Poster by Lawyer Sachiko Omuro
4. Fake News, Tabloid Threats & Twitter Users
5. Silencing Victims
6. California Women’s Rights Defamation Case Opens
"Standard Rental Contract”
In June 2015, the preschool became a tenant, and in 2016, received a Penalty Fees Fraud from a real estate company and Victorinox Japan K.K. In November 2017, the preschool directly contacted the owner of the building, Victorinox AG CEO Mr. Carl Elsner in Switzerland. They agreed to ban the complicated Japanese contract and from December 2017, they agreed to pay the rent directly to Victorinox and move forward with a good partnership.
They cooperated for Halloween and Christmas Carol events, sent children's works, Christmas gifts made by teachers to Mr. Elsner and Finance Manager, Mr. Michael Tschumperlin in Switzerland every year and exchanged seasonal greeting messages.
On April 1, 2020, immediately after the First Emergency State, Mr. Tschumperlin e-mailed the preschool proposing a new real estate contract “to continue the lease relationship” and Victorinox Japan KK’s new Finance Manager, Hiroshi Aiura would be contacting the preschool.
1. First Proposal
The new contract demanded the preschool to agree to: An immediate payment of an additional 10-month rent security deposit, in addition to the already paid 5-month rent security deposit (Total 15-month rent security deposit), but move out in 6 months, agree to an illegal percentage of penalty fees, to sign backdated as of 2017 and to supply several powerful male guarantors, and not female guarantors. The preschool requested the fair terms and continued paying the rent.
2. Notice of Order at Private Homes
On May 18, 2020, the "Standard Rental Contract" proposal suddenly changed to a serious "Notice of Order" by Victorinox Japan President, Yosuke Nishikawa trespassing to the preschool’s private homes pressuring to sign during the Emergency State stay home order. This "Notice of Order" stated that the preschool was responsible to move out on the period of November 30, 2017 to November 30, 2020, but occupied the building.
3. Final Order
On September 23, 2020, Michael Tschumperlin emailed the preschool, the final version of “Standard Rental Contract” by writing, “It would be good if we could finalize the matter as soon as possible in order to have a written foundation for our cooperation going forward.”
The final contract demanded exactly the same as the first proposal except for lowered illegal % of Penalty Fees.
4. Pandemic Relief Refusal
Victorinox Japan used the government's Pandemic Relief benefit to trade and pressure the preschool to sign their fraudulent "Standard Rental Contract". Victorinox's Lawyers Ryota Yamagishi and Sachiko Omuro suddenly sent the preschool’s office a Warning Letter stating: “Strictly remind you, never contact our President and the owner company (Victorinox AG)’s Mr. Tschumperlin, Victorinox AG and Victorinox Japan do not support Pandemic Relief”. The Tokyo Government later approved the preschool's Pandemic Relief without Victorinox's signed form confirming the paid rent was proof of legal tenancy. The officer commented that Victorinox was the only company that refused to support tenants and it was a critical time to help each other.
5. Letters to Victorinox Japan
On August 28 and September 25, 2020, the preschool Director emailed Michael Tschumperlin the letters of concern towards Victorinox Japan management, but were ignored.
“Rent was Penalty Fees”
“Rent was Penalty Fees” claim started that the preschool must pay them over US$2 Million Penalty Fees for “illegally using the building” while Victorinox confirmed the rent payment every month.
1. Finance Manager Letter
On July 28, 2020, Financial Manager of Victorinox Japan, Hiroshi Aiura, sent a letter to the preschool. It stated that the rent payments, which the preschool had paid since 2017, were never the rent, but penalty fees equivalent to the rent amount. The letter also claimed that the preschool had accrued additional penalty fees that must be paid although the preschool had not violated the terms of the de facto lease. On September 6, 2020, Victorinox’s Flagship Store in Harajuku made a closing of business announcement. The preschool finally understood the purpose of sudden “Standard Rental Contract” and “Rent was Penalty Fees” claims. The preschool forgave Victorinox believing it was a temporary pandemic struggle and it won’t happen again, wishing them luck for their business recovery.
2. Mediation
On April 23, 2021, a new Emergency State of Covid-19 for business closures. In the same month, Carl Elsener Jr. instantaneously sued the preschool out of blue for approximately 65-months of rent penalty fees claiming again that the “rent paid in the past years was never the rent, but penalty fees” and pay additional penalty fees. The case was rejected by the Japanese court.
3. Informing "Legal Scam" to Carl Elsener Jr
On June 9, 2021, the preschool emailed Carl Elsener Jr and his secretary Melanie Dummermuth informing them they were being scammed by Victorinox Japan and the Japanese lawyers.
4. Carl Elsener Jr Confirmation Letter
On November 1, 2021, the preschool received a letter from Lawyers Ryota Yamagishi and Sachiko Omuro on behalf of Carl Elsener Jr., “The rent paid in the past years was never the rent, but the Penalty Fees equivalent to the rent amount” claiming to pay more Penalty Fees.
“Heavy Crime Eviction Threats”
Carl Elsener Jr started Heavy Crime Eviction Threats to pay the unethical Penalty Fees of US$ 2Million claiming “rent was never the rent, but Penalty Fees equivalent to the rent amount” and pay more Penalty Fees because the preschool was using the building illegally. At the same time, Victorinox Japan’s Finance Assistant Manager, Maki Tsutsumi accepted and confirmed the “rent” payment received at Victorinox’s bank account Michael Tschumperlin instructed to pay “rent” every month. Every eviction & heavy crime and threats were done during the preschool hours with the children without advance notice. All eviction threats were done during the strict pandemic measures when no parents or visitors were allowed to enter the building.
1. Eviction Threat 1 - Charity Organization for Children with Disabilities
On October 21, 2021, Carl Elsener Jr attempted his first eviction & heavy crime threat against the non-profit foundation to help children with disabilities. Victorinox's lawyer, Sachiko Omuro escorted court agents and forcibly entered the preschool without advance notice. Victorinox’s law enforcement squad walked into the classrooms saying no filming and if they move they would arrest them for “heavy crime”. The children were working on creating crafts for the charity workshop. The charity organization had no idea what happened and decided to close for safety.
2. Eviction Threat 2 - Preschool by Violence & “Yakuza Story” Tabloid
On December 2, 2021, Victorinox representatives showed up at 1:00 pm at the nursery entrance without advance notice, forcibly entered the nursery of 100 children in the Victorinox building in Tokyo. Babies and toddlers from 3 months to 6 years old were on the premises at the time, and five female teachers, nurses and office staff were violently injured at the scene as they tried to protect the small children. The victims continue to suffer trauma from the event and three of them could not return to work due to post-traumatic stress disorder (PTSD). Head of School and Head Nurse emailed Carl Elsener Jr on the same night, but were ignored.
The police detectives arrived at the scene and the victims were critically injured. The victims were carried out by emergency care to the international clinic for examinations. Police detectives requested a security camera and reported the one that filmed the event was owned and controlled by Victorinox. Since 2015, the security camera worked and this day was the only day it did not work. The preschool contacted the security camera repair company to retrieve the video and the repairman said he was instructed by Victorinox’s lawyer, Sachiko Omuro not to repair it and Victorinox would not cover repair costs. The preschool contacted the security camera repair company on December 9, 2021, February 10, 2022 and June 2023, saying it was necessary for the police investigation and safety of the children, but Victorinox refused to repair it.
The parents came forward to support. The diplomatic parent sent an official letter from the Embassy in Tokyo to the Embassy in Bern to Carl Elsener Jr. demanding for the children’s safety. On December 23, 2021, Carl Elsener Jr. responded that the preschool was lying.
On December 24, 2021, the preschool office received a call from the largest tabloid in Japan, Shukan Bunshun journalist, Tomoko Kanda that they were publishing a “Yakuza Story”, that the preschool was abusing the children and the story would be published on January 6, 2022 New Year Special Edition. The preschool’s headquarters US legal councils in California, USA contacted to defend against the journalist. Shukan Bunshun cancelled the “Yakuza Story” on January 4, 2022.
The threat came from Victorinox’s lawyers, Ryota Yamagishi and Sachiko Omuro, collecting negative parents who were suspended in the past to make up a false story on the preschool. The board member of The American Chamber of Commerce in Japan and Netflix Japan, Yoshitaka Sugihara was one of the suspended parents whom himself told another parent he was involved in selling a false story to Shukan Bunshun. He was suspended from the preschool for repeated threats to issue an untrue Recommendation Letter to The American School in Japan application for his son and the preschool suspended. The preschool’s US legal counsel warned Yoshitaka Sugihara based on the audio recording testimony.
On January 20, 2022, the preschool parents supported to file a Termination of Eviction Decision Claim at Tokyo District Court with US$240K court deposit and won. The preschool filed a case against Victorinox claiming for their tenant’s rights and safety for the children at Tokyo District Court. The parents hoped this wrongful eviction threats of lawyers for unethical money collection to stop when the pandemic was over.
On July 11, 2022, California litigation counsel issued a “Document Hold Demand for Wrongful Acts of December 2, 2021” for American injured teacher from California to Victorinox’s lawyers, Ryota Yamagishi and Sachiko Omuro.
On July 15, 2022, Victorinox’s testimony to defend stated: "The plaintiff (the preschool) claims as if they had a rental agreement by (rent payment) evidence. The fact Mr. Tschumperlin confirmed the “rent” payment completion, the fact Mr. Tschumperlin confirmed and thanked the plaintiff when the “rent” payment was made, the fact Mr. Tschumperlin didn’t say “it was NOT rent”, or the fact Mr. Aiura used an expression of a word, “rent”, to believe it was "rent" is inappropriate. Mr. Tschumperlin and Mr. Aiura (Financial Managers) are not professional like lawyers. Therefore, they (Mr. Tschumperlin and Mr. Aiura) thought it was a common sense to at least receive the rent amount payments while the building was used by the plaintiff without being returned and they didn’t bother changing a word (rent) to “compensation for damages (penalty fees) equivalent to rent amount. Or, the fact they expressed a word, “rent” didn’t mean they meant “rent” and there was no way a rental agreement was established."
See VICTIMS.
3. Eviction Threat 3 - Preschool
In October 2022, despite of the effort of the school and the preschool parents, another eviction threat was done by Victorinox with no advance notice. Another Termination of Eviction Decision Claim was filed with US$ 260K court deposit and won.
4. Eviction Threat 4 – Preschool
In February 2023, another eviction threat was done by Victorinox with no advance notice. On March 14, 2023, the preschool filed another Termination of Eviction Decision Claim.
5. Eviction Threat 5 - Evacuation
On March 20, 2023, the preschool was informed that Victorinox was coming to throw out the children and furniture a couple of days prior and evacuated. Children evacuated. The sudden loss of early education and change of environment in the middle of the academic year is affecting the children with trauma. Victorinox’s lawyer Sachiko Omuro announced Victorinox AG’s intention to throw out the children from the building. On March 20 at 7:30 am, Victorinox’s squads of Victorinox’s lawyer Sachiko Omuro and 14 men showed up at the entrance of the preschool. They confiscated children’s work, academic materials, furniture and funds.
“Fake News Character Assassination”
Lawyers Ryota Yamagishi and Sachiko Omuro attempted to release a Fake News to cover up the wrongdoing.
1. Fraud & Tax Evasion
In January 2023, National Tax Agency and Azabu Tax Agency authorities confirmed Victorinox collecting the rent (10% tax) and claiming it was Penalty Fees (tax-free) was fraud and tax evasion. The authorities advised to file and the documents were submitted.
2. Social Media Campaign Starts
The school community, the parents and the victims of violence started a campaign against Victorinox and their lawyers.
3. False Legal Statement Poster by Lawyer Sachiko Omuro
On March 20, 2023, Victorinox's lawyer, Sachiko Omuro put the posters with untrue legal statements on the building for public viewing in Japanese and English. She avoided a word, "Penalty Fees" to manupulate the readers as if the preschool didn't pay the rent. She put her contact information and gathered Negative Group for "Group Brainwashing" and organized to send them to interview with TV and tabloids. The photos of posters went viral on social media. For the tabloids, Big 4 law firms lawyers were involved in data breach by fabricating client information to make up stories for the reporters.
4. Fake News, Tabloid Threats & Twitter Users
On May 30, 2023, TV Asahi released Fake News, collecting 1.7M viewers and 6,700 comments and over 10,000 group cyber bullying of death threats against the school Founder. The news were staged made up story using the parents sending their children to a different school and the victims and the defendant as reversed.
5. Silencing Victims
On March 6, 2023, Victorinox sent a legal letter to the victims of violence:
“Currently, as shown in the attached image (Instagram: Victorinox’s Violence Against Women & Children – Change.org Petition Supporters Campaign Account), there are repeated slanderous comments on our Swiss parent company Victorinox AG, our executives, and myself on Instagram. Since the lawsuits that I have prosecuted as an agent of our company are between you and us, it is clear that these slanderous and abstract acts were done by your company. We strongly urge that you stop the slanderous acts of your company immediately and instruct them not to repeat the same kind of words and actions. In addition, if the slanderous act continues, we will not hesitate to take civil or criminal legal action against you.”
On May 4, 2023, Victorinox AG tried to silence the victims of violence by filing a complaint against this campaign website.
March 20, 2023, Victorinox sent another letter: From early March 2023, slanderous messages are posted on social media by your client. Please refer to the website "Victorinox Violence Against Women". In view of the information disclosed, there is no doubt that parties related to your client are at the origin of these calumnious postings. We ask you to urge your client and its related parties to immediately cease such calumnious activities and inform you that our client reserves all its rights to preserve its interests.
On July 31, 2023, Victorinox’s complaint was denied by WIPO, World Intellectual Property Organization, confirming there was enough evidence and the website was created in Good Faith.
https://www.wipo.int/amc/en/domains/decisions/pdf/2023/d2023-1997.pdf
6. California Women’s Rights Defamation Case Opens
The preschool started the defamation case against TV Asahi, Forbes Japan, tabloids and individual sources in California, USA.
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