Betrayal beckons
witness from Japan

The victim describes his agony
at seeing a friend also robbed

Honor and friendship. It meant a lot to 70-year-old Hiroshi Shimokawa.

That's why he flew to Honolulu from his home in Osaka, Japan, last week to testify in Circuit Court at the sentencing of Honolulu businessman Shinichi Murayama, a man he had trusted but who stole nearly $200,000 from him and a late friend, Masashi Masai.

It was Shimokawa's way of making things right.

"When he talked to the judge, it was about the shame and guilt that he felt -- that's why he wanted to do everything he could to make it right for him and for the Masai family," said deputy prosecutor Paul Mow.

When asked by defense attorney Keith Kaneshiro whether he wanted prison for Murayama or restitution, Shimokawa, through a Japanese interpreter, said that if the money were repaid, he would not want his former business associate to go to prison.

"In the end, he was very forgiving," Mow said.

Circuit Judge Richard Pollack considered Shimokawa's testimony, along with Murayama's promise to pay back the money, in sentencing him last week to five years' probation and restitution, Mow said.

Murayama, 35, pleaded guilty last November to three counts of first-degree theft, punishable by a maximum of 10 years in prison, and one count of second-degree theft.

In his testimony, Shimokawa talked about the guilt he felt all these years and the thought of killing himself over what happened because Masai was one of his closest friends, Mow said. "After the crime occurred, Shimokawa couldn't face him -- he was so embarrassed, and it was such a tremendous loss of face, that he couldn't talk to him."

Although they did not attend the sentencing, one of Masai's daughters, Aki Masai, wrote a letter to the court about how the theft had affected her deeply.

"She used to think of Hawaii as a place to go to have fun. Now when she thinks of Hawaii, she only thinks about this crime," Mow said. "She wrote that she wants to reach a point in time where she can think of Hawaii as a fun place again."

Shimokawa was introduced to Murayama, a Saint Louis graduate, in 1992 by a friend who was Murayama's employer. They maintained a business relationship over the years. Shimokawa later introduced his friend Masai to Murayama, vouching for his trustworthiness. After his friend died last summer at age 69, Shimokawa felt even worse, Mow said.

In April 2001, Shimokawa told Murayama that he and Masai wanted to bring some money over from Japan, exchange it into U.S. dollars and open bank accounts for his and Masai's family. He asked Murayama, who has lived in Hawaii for many years, to help them with the transaction. The friends were thinking of possibly starting a business or investing in a business venture in Hawaii. The Masai children were also thinking about attending school here, Mow said.

At Bank of Hawaii, Murayama acted as an interpreter and helped them exchange the money and open four accounts, one for Shimokawa and three for Masai and his three children.

But without their knowledge, Murayama placed himself as a signatory, with authority to withdraw money, Mow said. Shimokawa and the Masais, who do not speak English, contend they never intended for Murayama to act as their agent, only as an interpreter. "He took advantage of the situation and made himself a signatory -- they had no way of knowing," Mow said. Kaneshiro contends the men watched while Murayama signed the bank card.

Shimokawa and the Masais returned to Japan, and within eight months Murayama had cleaned out all the accounts, Mow said.

At first Murayama kept in touch with Shimokawa, but by August he had stopped returning calls, Mow said. He later claimed he had been hurt in an accident and could not contact them. By the time Shimokawa returned to Hawaii in late December 2001, both his and the Masai accounts had been closed. Shimokawa lost $56,446 and the Masais, $135,436.

Murayama apologized to Shimokawa for taking the money and promised to pay it back. He also asked Shimokawa not to go to police or else he would go to prison and not be able to repay the money, Mow said.

After unsuccessful attempts to get the money, Shimokawa finally reported the theft to police.

In court, Murayama apologized and said he borrowed the money to help pull a family-owned restaurant out of debt. "He felt he had authority to withdraw the money, so he used the money" but could not pay it back, said Kaneshiro. The restaurant has since closed.

Before he died, Masai was under a lot of stress over what happened, Mow said. His family suffered hardship because their family business also had lost money. Shimokawa himself became ill and underwent surgery last spring for a disorder that he contends was caused by the stress.

Shimokawa, at 70, cannot wait forever for his money. "The judge agreed that high priority should be made to pay restitution as quickly as possible," Mow said.

Pollack ordered Murayama back to court in six months to review his progress in paying back the money. He also ordered Murayama to write letters of apology to the victims.