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Yakuza: the Warlords of Japanese Organized Crime

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Yakuza: the Warlords of Japanese Organized Crime Annual Survey of International & Comparative Law Volume 4 | Issue 1 Article 9 1997 Yakuza: The aW rlords of Japanese Organized Crime Lt. Bruce A. Gragert Follow this and additional works at: http://digitalcommons.law.ggu.edu/annlsurvey Part of the Criminal Law Commons Recommended Citation Gragert, Lt. Bruce A. (1997) "Yakuza: The aW rlords of Japanese Organized Crime," Annual Survey of International & Comparative Law: Vol. 4: Iss. 1, Article 9. Available at: http://digitalcommons.law.ggu.edu/annlsurvey/vol4/iss1/9 This Article is brought to you for free and open access by the Academic Journals at GGU Law Digital Commons. It has been accepted for inclusion in Annual Survey of International & Comparative Law by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. Gragert: Yakuza YAKUZA: THE WARLORDS OF JAPANESE ORGANIZED CRIME LT. BRUCE A. GRAGERT* The power of the yakuza, Japan's legendary crime syndi­ cates, reaches into all areas of Japan's economic life and politics. Composed of some 3,000 separate, tightly-knit gangs, with over 80,000 members, the yakuza survive de- spite Japan's 1992 Anti-gang law and other government measures. While the range of their traditional activities has been somewhat reduced, they have compensated by turning to more sophisticated types of crime and by ex­ panding their operations abroad - mostly to Southeast Asia, parts of Latin America, and the U.S. Estimates of their annual income from criminal activities and their 25,000 legitimate "front" organizations run to as high as 70 billion dollars, with some 500 million dollars traced to the U.S. The author examines the history, societal con­ text, organizational structure, activities and tactics of the yakuza and concludes with an assessment of how, and the extent to which their power and criminal operations can be curbed. * Lt. Bruce A Gragert, JAGC, USNR, born Albion, Nebraska,May 9, 1970; admit­ ted to bar, 1996, Nebraska and U.S. District Court, District of Nebraska. Education: University of Nebraska at Omaha (B.S., magna cum laude, Criminal Justice, 1992); Creighton University (J.D., magna cum laude, 1996); Naval Justice School (with hon­ ors, 1996). Recipient of the Nebraska State Bar Foundation Silver Quill Award, 1996. Military Service: Commissioned as an Ensign in the Judge Advocate General Corps, United States Naval Reserve, 1996. Stationed at Naval Legal Service Branch Office Lemoore, Naval Air Station Lemoore, California. Member: Nebraska State and Ameri­ can Bar Associations; State Bar of Nebraska. Practice Areas: Military Law, Criminal Law, Administrative Law, and Family Law. Married to the former Tami Ervin. Chil- 147 Published by GGU Law Digital Commons, 1997 1 Annual Survey of International & Comparative Law, Vol. 4 [1997], Iss. 1, Art. 9 148 ANNUAL SURVEY OF INT'L & COMPo LAW [Vol. 4:1 1. INTRODUCTION When people think about international trade and transactions they think about multinational corporations conducting legitimate business in commodities such as cars, oil, electronics, textiles, etc. However, there is a darker side to international business transactions that involves international organized crime groups who deal in "commodities" such as I narcotics, weapons, counterfeiting, and the smuggling of women for the sex slave trade, to name just a few. Some of the wealthiest, most organized and sophisticated of these international organized crime groups are 300 year-old Japanese groups called the yakuza. The majority of these yakuza syndicates operate in and out of Japan; however, there are many yakuza syndicates expanding their operations all over the world to every expatriate Japanese community. This international expansion of the yakuza and their activities will probably continue due to their increasing involvement in the drug and gun trade, and, more importantly, because of their ever increasing involvement in highly sophisticated financial crimes which have the potential to affect the economies of foreign nations. More importantly, the yakuza syndicates, unlike other ethnic organized crime groups, are, to a certain degree, readily accepted by Japanese society and heavily connected to the highest levels of government; factors which will make it extremely difficult, if not impossible, to eliminate them from the national and international scene. Therefore, it is important that governments and law enforcement officials around the world understand the history, organization, structure, "business" practices and tactics, and the future of these yakuza syndicates, if they are to combat the "new" wave of organized crime groups in their countries. To understand the motivation and mechanisms of the yakuza, it is essential to have some knowledge of their long and complex history. dren: Katarina Ann Gragert and Nicolas Daniel Todd Gragert. Parents: Daniel James and Susan DeAnn Gragert. http://digitalcommons.law.ggu.edu/annlsurvey/vol4/iss1/9 2 Gragert: Yakuza 1997] YAKUZA 149 II. HISTORICAL BACKGROUND OF THE YAKUZA The history of the yakuza is filled with tales of yakuza Robin Hoods coming to the aid of the common people. The heroes of these tales are society's victims who bettered their lives and lived the life of the outlaw with dignity. These tales stand at the heart of the yakuza's self-image, and of public perception as well. The police and most scholars challenge the accuracy of these Robin Hood tales, but the feeling persists among the Japanese that organized crime in Japan bears a noble past. To understand this romantic image of the yakuza, one must go back nearly four centuries to an era that is the source of countless modern legends in Japan where the sword and the samurai reigned supreme. A. MACHI-YAKKO AND HATAMOTO-YAKKO The modern-day yakuza are believed to be the spiritual, more so than historical, descendants of the outlaw ronin (masterless samurai) of the 17th century.1 When the Tokugawa Shogunate brought peace to Japan, most samurai were left unemployed. Knowing nothing other than combat, many of these ronin formed into outlaw gangs called the hatamoto-yakko (servants of the shogun).2 The hatamoto-yakko went around the countryside terrorizing and robbing the local citizens.3 While these criminal groups might appear to be the true fathers of the yakuza, today's yakuza identify not with the hatamoto-yakko, but with their historic enemies, the machi­ yakko (servants of the town).4 The machi-yakko were bands of young townspeople and ron in who, as fear and resentment grew, formed into groups to defend themselves from the frequent attacks of the hatamoto-yakko.5 Like the yakuza of today, the machi-yakko were adept gamblers, and they 1. FLORENCE RoME, THE TA'ITOOED MEN 48 (1975). 2. DAVID E. KAPLAN & ALEC DUBRO, YAKUZA: THE EXPLOSNE ACCOUNT OF JAPAN'S CRIMINAL UNDERWORLD 15 (1986). 3. Id. 4. Id. 5. Id. Published by GGU Law Digital Commons, 1997 3 Annual Survey of International & Comparative Law, Vol. 4 [1997], Iss. 1, Art. 9 150 ANNUAL SURVEY OF INT'L & COMPo LAW [Vol. 4:1 developed a close relationship with their leaders that may have been a precedent for the tightly-knit modern yakuza syndicates.6 The villagers admired the machi-yakko standing up to the hatamoto-yakko, and they revered them as folk heroes and Robin Hoods. It is understandable that the modern-yakuza, who see themselves as honorable outlaws, have chosen to look upon the machi-yakko as their spiritual ancestors. But a direct historical connection is hard to make because both yakko groups disappeared by the late 17th century after repeated crackdowns by the shogunate.' Although the machi-yakko probably performed some honorable acts, they were, in truth, also involved in criminal activities and largely known as "disorderly rogues,'.s Therefore, the machi-yakko owe their reputation not so much to their deeds, but to legend, in this case, to 18th century plays in which they are portrayed as champions of the weak.9 B. TEKIYA AND BAKUTO The early yakuza did not appear until the middle of the 18th century. These early yakuza were the enterprising members of , a medieval underworld who today are widely seen as the true ancestors of the modern yakuza: the bakuto (traditional gamblers) and the tekiya (street peddlers).l0 Today, alongside the pictures of godfathers that adorn the walls of yakuza headquarters are family trees that link the modern group, however precariously, to the old bakuto and tekiya gangs.ll What is so unusual is that such ancestral connections are made not by blood, but through adoption.12 So distinctive were the habits of these two groups that Japanese police today still 6. Id. at 15. 7. Id. at 16. B. Id. 9. Id. 10. Hiroaki Iwai, Organized Crime in Japan, in ORGANIZED CRIME: A GLOBAL PERSPECTNE 20B (Robert J. Kellyed., 1986). 11. KAPLAN & DUBRO, supra note 2, at lB. 12.Id. http://digitalcommons.law.ggu.edu/annlsurvey/vol4/iss1/9 4 Gragert: Yakuza 1997] YAKUZA 151 classify most yakuza as either bakuto or tekiya; although, a third group, the gurentai (hoodlums), was added after World War 11.13 Each group had its own membership, origin, and territory, with its own kumicho (boss).14 Furthermore, each group had its own distinctive group structure, behavior patterns, codes, values, and jargon.15 Additionally, the ranks of both groups were largely filled with the same types of people - the poor, the landless, delinquents, and ancestral outcasts called burakumin, who were people who worked with dead animals, such as leather-workers, or in "unclean" occupations, such as undertaking. IS Finally, the bakuto and tekiya each stuck closely to their unique area to such an extent that they could operate within the same small territory without conflict: the bakuto operated along the busy highways and towns; while the tekiya worked in the street-markets and fairs.17 1.
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