The preschool was one of the only businesses allowed by the government to operate during the pandemic, in an effort to help families working from home with small children.
On March 13, 2020, Tokyo Government announced the First Emergency State to shut down the city except for hospitals and nurseries starting April 7, 2020. The government asked to free the land and the buildings for these accepted services to be able to use without an approval of the owner starting from April 7, 2020. The preschool was an approved government registered nursery preschool.
Victorinox started relentlessly pursuing the preschool to collect money fraudulently by constant harassments and violence during the entire 3 years of the pandemic. It started with a fraudulent “Standard Rental Contract” proposal, changed to “Rent was Penalty Fees” claims and escalated to "5 Eviction & Heavy Crime" threats which resulted in violence against teachers during the preschool hours with the children.
Despite of these events, Victorinox AG evicted the preschool on March 20, 2023. The children were evacuated and people are calling on Victorinox “Enough is Enough” demanding to let the children return to their building and pay for damages.
Victorinox AG Fraud Scheme to Eviction
1. "Standard Rental Contract”
A) First Proposal
B) Notice of Order at Private Homes
C) Final Order
D) Pandemic Relief Refusal
E) Letters on Victorinox Japan
2. “Rent was Penalty Fees”
A) Finance Manager Letter
B) Mediation
C) Informing "Legal Scam" to Carl Elsener Jr
D) Carl Elsener Jr Confirmation Letter
E) Not A Lawyer
F) National Tax Agency
3. "Eviction & Heavy Crime"
A) Shut Down Charity Organization
B) Violence Against Women
C) Security Camera Destruction
D) Parents Coming Forward
E) California Litigation Opens
F) Eviction Threats During Court Proceeding
G) Social Media Campaign
H) Evacuation
I) Parents Protest
J) Memorandum of Media
K) Memorandum to Social Media
L) Legal Actions
1. "Standard Rental Contract”
On April 1, 2020, Victorinox AG’s Finance Manager, Michael Tschumperlin e-mailed the preschool a new real estate contract “to continue the lease relationship”.
Carl Elsener Jr called this contact a “Standard Rental Contract.”
Michael Tschumperlin wrote, “which has been approved by us” and to conclude “as quickly as possible, to continue our lease relationship”.
A) 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 raised questions why they must pay an additional 10 month-rent security deposit immediately and move out in 6 months with an illegal % of penalty fees.
This was when the world was waiving the security deposit and offering free rent in support of the pandemic.
The preschool refused to sign the unconscionable lease agreement, requested a fair one and continued paying the rent.
B) Notice of Order at Private Homes
On May 18, 2020, the "Standard Rental Contract" proposal suddenly changed to a serious "Notice of 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
Enclosed, there was a form prepared by Victorinox Japan’s President demanding to sign that the preschool agreed to this new statement.
Victorinox Japan's President Yosuke Nishikawa sent the "Notice of Order" to a private home of the preschool's President claiming to sign.
The Japan Act on the Protection of Personal Information (APPI), is an act to protect the personal information of Japanese citizens. It is illegal to access personal information without authorization from the person.
Finance Manager, Hiroshi Aiura attempted to enter the preschool's Director's private home pressuring to sign.
Trespassing to a private home is illegal in Japan and can be punished with imprisonment of up to three or fine up to ¥100,000.
Both actions were taken without advance notice.
The preschool reported these unethical acts to Michael Tschumperlin, but he ignored.
On May 20, 2020 the preschool's Director emailed Michael Tschumperlin reporting the unethical behaviors of Victorinox Japan with a recap of events.
The preschool informed Victorinox Japan President Yosuke Nishikawa this statement was a proof of an illegal scam.
From this time, Yosuke Nishikawa’s name disappeared from any letters from Victorinox Japan and changed to Finance Manager, Hitoshi Aiura who later resigned in 2020. After the resignation of Hiroshi Aiura, any letters came with Michael Tschumperlin or on behalf of Carl Elsener without Yosuke Nishikawa’s name.
C) 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 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 1.5 years, agree to lowered illegal % of penalty fees, to sign backdated as of 2017 and to supply several powerful male guarantors, and not female guarantors.
The only difference from the first proposal was 1 year added to move out and lowering the illegal % of penalty fees.
D) 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 AG confirmed the company did not support Pandemic Relief and any benefits of the pandemic.
In May, 2020, the accountant of the preschool requested Victorinox Japan's Finance Manager, Hiroshi Aiura to sign a Pandemic Relief Form for 3 months rent the government offered. The landlord had to sign a confirmation of rent payment.
Victorinox AG refused to sign for 8 months and rejected in the end despite receiving and confirming the rent payment every month.
On September 16, 2020, the preschool's accountant emailed the Finance Manager requesting to sign for the paid rent. On September 24, 2020, he responded.
Victorinox Japan Finance Manager, Hiroshi Aiura wrote:
"As I informed you the other day, we cannot sign the form because we haven’t reached our (“Standard Rental Contract”) agreement. I hope you understand".
On December 9, 2020, the Director of the preschool emailed Victorinox AG's Finance Manager, Michael Tschumperlin to sign the form. He responded.
Victorinox AG Finance Manager, Michael Tschumperlin wrote:
"We gave you a deadline to October 30, 2020 to do so (to sign the "Standard Rental Contract") and you answered on the same day threatening Victorinox. You will understand that we cannot, in such circumstances, issue the requested confirmation."
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.
On May 10, 2021, Finance Manager of the preschool emailed Victorinox Japan's President Yosuke Nishikawa and Assistant Finance Manager, Makiko Tsutsumi.
Finance Manager of the Preschool wrote:
"Dear Victorinox Japan Mr. Nishikawa and Ms. Tsutsumi,
Thank you very much as always. I am the Finance Manager of a (Preschool’s company) recently joined the company. We hope we can develop a great partnership.
Regarding the subject matter, could you please provide a scan or a clear image of the postcard for Pandemic Relief benefit from the Government?
Recently, I received a rent support Pandemic Relief benefit from the Government, and at that time, I believe that your company, the landlord, also received a notice of receipt decision by postcard. The Tokyo Government is requesting us to submit that, so could we ask for your cooperation?
Thank you very much."
On May 11, 2021, Finance Manager of the preschool emailed Victorinox Japan's President Yosuke Nishikawa and Assistant Finance Manager, Makiko Tsutsumi.
Finance Manager of the Preschool wrote:
"Dear Victorinox Japan Mr. Nishikawa and Ms. Tsutsumi,
Thank you very much as always. This is (Preschool’s company finance manager). I am sorry to send you an email on a rainy day. Please check and reply on another matter. Last year , your company refused to sign the Pandemic Relief form for the rent payment and other supporting benefits. Your company's response was reviewed and judged inappropriate by the government agency.
The contract between our company and your company satisfies the conditions that the rental contract will continue and there were no overdue payments of the rent, and we were approvd to receive Pandemic Relief benefits without any issues.
I would like to ask you again, but your company's rent contract with our company is not valid and these are penalty fees? We have been requesting to meet and discuss on this matter for our future, but you have been forcing that our rent payments are penalty fees with outrageous illegal % as if our company paid the rent and it is very one way and forceful. Does this illegal treatment stay the same? If we do not hear from you by 10:00 a.m. on Wednesday, May 12, 2021 (Japan time), we will assume that you have accepted the above. In addition, we are still in a situation where we are not able, to proceed with the opportunity to discuss anything. Please let us know when it is convenient for you. Can you suggest some time to meet?
Thank you."
On May 11, 2021, Victorinox's lawyers, Ryota Yamagishi and Sachiko Omuro sent a Legal Notice on Pandemic Relief to the preschool's President regarding the emails sent by the preschool's Finance Manager requesting documents on Pandemic Relief and penalty fees.
Victorinox’s lawyers listed an address the preschool has never been to and claimed the preschool was “invading”.
Victorinox's Lawyers stated:
"We represent Victorinox Real Estate, K.K. regarding the building that your company is invading at 3-26-12 Nishiazabu, Minatoku (“This Case’s Building”).
From your company, yesterday, our company’s President received an email, but as we informed you by document on March 22, 2021, we have the full rights as their representatives.
Therefore, strictly remind you, never contact our President and the owner company (Victorinox AG)’s Mr. Tschumperlin.
Anyway, regarding an email received from your company’s finance person on May 10, 2021, our company (Victorinox AG and Victorinox Japan) do not support Pandemic Relief by the government.
To check your request purpose, we demand that you send us the copy of your application and attached documents from the Tokyo Government. That’s It."
E) Letters on 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.
2. “Rent was Penalty Fees”
“Rent was Penalty Fees” suddenly started claiming the preschool must pay them over US$1.5 Million penalty fees for “illegally using the building” while Victorinox confirmed the rent payment every month.
A) 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.
B) Mediation
On April 23, 2021, the Prime Minister of Japan announced a new Emergency State 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.
C) Informing "Legal Scam" to Carl Elsener Jr
The preschool’s Director sent a letter to Carl Elsener Jr even with his fraudulent attempts during the pandemic predicting he was either scammed by Victorinox Japan and his Japanese lawyers or the pandemic affected him to change him to this extent.
On June 9, 2021, the letter was emailed to Carl Elsener Jr and his secretary Melanie Dummermuth. The preschool office followed up with Melanie Dummermuth and confirmed Carl Elsener Jr had read the letter.
The letter, RE: Victorinox Real Estate in Tokyo, informed Carl Elsener Jr that he was "making a big mistake and he would destroy the Victorinox brand by misunderstanding this whole situation" and explained how many times the preschool tried calling and emailing him to let him know.
The preschool Director stated:
"Victorinox Japan and your Japanese lawyers are not being faithful to you. Victorinox AG is in fact drawn into a fraudulent situation by Victorinox Japan and your own Japanese lawyers. You acknowledged that the original contract and your legal case in 2016 were extremely unethical and eliminated it. We then agreed to move on to a positive partnership since 2016 to present day. You made a good decision at that time. Victorinox Japan and your Japanese lawyers are using this unethical settlement you eliminated in 2016 in order to gain quick cash."
"Your current Tokyo Court legal case is suing our President who resides in Luxembourg. She cannot enter Japan because the country's borders have been shut down for pandemic. We have already informed the court and they are aware of this situation. You have been advised incorrect information by your own Japanese lawyers."
"Are you aware that you are also suing our non-profit charity organization to support children with learning disabilities in Tokyo? This organization has nothing to do with your case."
"Are you also aware that Victorinox Japan has rejected the Pandemic Relief as a landlord despite we always paid rent?"
"We have been extremely patient with the harassment of Victorinox during this pandemic believing you were probably misinformed by Victorinox Japan, the same situation as 2016."
"We have the full responsibility to explain to all the families sending their children to our school. Some families moved their houses to be close to our school."
"We do not believe this is a normal attitude of Victorinox."
The letter listed additional harassment received by Victorinox Japan and the Victorinox's lawyers.
The letter was ignored by Carl Elsener Jr and he proceeded with the mediation, "Rent was Penalty Fees" claim. The case was rejected by Tokyo Court.
Even after this, Carl Elsener Jr complained as if the preschool's President “didn’t show up” and “disrespectful behavior” though the worldwide borders were closed.
D) Carl Elsener Jr Confirmation Letter
According to a letter sent to the preschool on November 1, 2021 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”.
E) Not A Lawyer
On July 15, 2022, Victorinox testified at Tokyo District Court about the "Rent was Penalty Fees" claim in a written statement below.
Victorinox’s lawyers Ryota Yamagishi & Sachiko Omuro statement:
"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 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."
F) National Tax Agency
Emails from the Finance Manager of Victorinox even advised to increase the rent tax % from 8% to 10%, but claimed they were penalty fees which were tax-free. This was pointed out by the National Tax Agency and Azabu Tax Agency, that these claims are fraud and tax evasion.
In January 2023, Fraud and Tax Evasion report was filed.
On July 15, 2022, Victorinox's lawyer Sachiko Omuro defended about Rent Consumption Tax.
On November 19, 2019, Finance Manager Hiroshi Aiura emailed the preschool's accountant,
"Please contact me regarding the Consumption Tax increase in October and the difference of rent tax amount for November and December and your plan to transfer the difference of this tax."
On November 29, 2019, Finance Manager Hiroshi Aiura emailed the preschool's accountant,
"We are sending a confirmation of your payment for the difference of October (Rent) Consumption Tax amount."
See FRAUD & TAX EVASION Page
3. "Eviction & Heavy Crime"
Carl Elsener Jr started eviction & heavy crime threats forcing to pay the penalty fees of US$1.5 Million claiming “rent was never the rent, but penalty fees equivalent to the rent amount” and 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 five execution threats were done during the strict pandemic measures when no parents or visitors were allowed to enter the building.
A) Shut Down Charity Organization
The first eviction & heavy crime threat by Carl Elsener Jr forced to close charity organization of the preschool.
On October 21, 2021, Carl Elsener Jr attempted his first eviction & heavy crime threat against the non-profit foundation to help unprivileged children.
Victorinox's lawyer, Sachiko Omuro escorted court agents and forcibly entered the preschool without advance notice. Victorinox 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.
The repeated harassments by Victorinox AG were constantly happening for 1.5 years and they concluded this was just another harassment to scare them to collect money as they didn’t owe anything to Victorinox.
B) Violence Against Women
On December 2, 2021, Victorinox's eviction & heavy crime threat resulted in injuring five female teachers, nurses and office staff.
Head of School and Head Nurse emailed Carl Elsener Jr on the same night, but were ignored.
On January 20, 2022, the preschool appointed a lawyer and filed a Termination of Eviction Claim to Tokyo District Court. The preschool won and the eviction was terminated.
Termination of Eviction to be filed or win is an unheard case in Japan since evictions are usually a very serious final order that allows court agents to do anything they want from violence to arrest the innocents of no defense for “heavy crime” in Japan.
The preschool filed an opposition case against Victorinox AG’s wrongdoing to protect their tenant rights for safety and paid 1-year rent court deposit.
C) Security Camera Destruction
On December 2, 2021, 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.
See “Heavy Crime” Eviction Threats.
D) Parents Coming Forward
On December 2, 2021, the preschool informed the parents on board about this unexpected event on the same day. The parents on board voted not to announce to the rest of the school body to minimize the effect on the children and the family due to the pandemic giving them enough stress.
The parents on board consisted of the Diplomats from the Embassies, Directors of Chamber of Commerce, Lawyers and other professionals.
The Embassy of the county in the same language as Victorinox agreed to send an official letter delivered from the Embassy in Switzerland to Carl Elsener Jr claiming about this event.
Michael Tschumperlin on behalf of Carl Elsener Jr responded to the letter with untrue facts despite no one from Victorinox witnessed the event and written based on no evidence.
See VICTIMS: “Response on behalf of Carl Elsener Jr”
The Director of Chamber of Commerce checked the audio of the eviction and issued an official letter urgently demanding for safety for the children to Carl Elsener Jr, but it was ignored.
International lawyers reviewed the evidence and requested for documents on hold against Victorinox’s lawyers, Ryota Yamagishi and Sachiko Omuro over the American teacher victim.
E) California Litigation Opens
On July 11, 2022, California litigation counsel issued a “Document Hold Demand for Wrongful Acts of December 2, 2021” to Victorinox’s lawyers, Ryota Yamagishi and Sachiko Omuro.
The preschool is an American early education brand and it’s branch preschool located in Tokyo, which is part of the US company headquartered in California.
One of the victims is an American teacher from California.
F) Eviction Threats During Court Proceeding
In 2022, Carl Elsener Jr attempted 2 more eviction & heavy crime threats during the court proceedings.
In August 2022, Tokyo District Court rejected the tenant’s rights by ignoring the case. Cross examinations, settlement discussion and none of the court procedure was done.
In October 2022, the case was appealed to Tokyo High Court by the preschool paying additional 1-year rent court deposit.
The preschool didn’t believe Victorinox AG would ever come back with eviction & heavy crime threats after winning the Termination of Eviction.
Carl Elsener Jr proceeded the eviction threats even during the court proceeding escorted by his lawyer, Sachiko Omuro.
Mediator who assisted the execution threats during the court proceeding even asked Victorinox’s lawyer, Sachiko Omuro why Victorinox was proeeding with evictions when the case was already appealed to the High Court and these were harassments. She responded those were Carl Elsener Jr’s orders, not hers.
In February, the case was ignored again without cross examinations and settlement discussion. Despite the court was keeping 1-year rent court deposit without reviewing the case and rejected in 3 months. The courts kept the preschool’s 2 years-rent deposit of $500,000 without proceeding the cases which violated the constitution of Japan.
G) Social Media Campaign
The case was open to the public and the victims who were fighting to be heard, but advised by the preschool not to make anything public to minimize the effect on children.
This unfair court ruling and court brutality of Tokyo High Court ignoring the violence against women and fraud scheme & scam by Victorinox AG angered the victims to unite women’s rights groups and supporters.
H) Evacuation
On March 10, 2023, the case was appealed to the Supreme Court of Japan for Violation of Article 32 of the Constitution, Infringement of the Right to a Trial. The case was rejected on the same day.
Victorinox’s lawyer Sachiko Omuro announced Victorinox AG’s intention to throw out the children from the building on Monday, March 20, 2023.
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.
I) Parents Protest
Despite of preschool’s effort to minimize the effect on the children by keeping the case internally for 3 years of the pandemic, Victorinox’s decision to proceed the March 20, 2023 to evict the children opened the case to the parents. Children evacuated and the questions were raised, but the the preschool remained silent to resolve the case internally and informed the families “a temporary evacuation for safety.”
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.
J) Memorandum of Media
Victorinox's lawyer, Sachiko Omuro posted a memorandum on the building in Japanese and English with untrue facts of the preschool for public viewing.
The memorandum raged parents. The anger did not go against the preschool, but Victorinox AG for the violence against women and the fraud & scam scheme demanding to return the children back to the building.
Some children's graduation heading to the Japanese schools starting in April was cancelled and the children could not say goodbye to their friends due to the evacuation. Children planning to continue and going for international school are losing their education by day. Working parents are taking absence from work until they find babysitters to look after the children.
Parents and victims started interviewing with the news outlets for this wrongful acts to be heard.
K) Memorandum to Social Media
The memorandum posted on the building for public viewing by Victorinox's lawyers Ryota Yamagishi and Sachiko Omuro have been spreading on social media defaming the preschool and the families.
The international news reporters and journalisrs have been investigating this case.
L) Legal Actions
On February 23, 2023, the preschool filed the criminal complaint in Schwyz, the Prosecution Central Service location of Victorinox’s headquarters, Ibach, Switzerland.
American teacher and American early education brand headquarters plan to file a civil case against Victorinox AG, lawyers and court agents from the US.
★ Facility name, location, identities of individuals on the evidence is covered to minimize the effect on the children.
Copyright © 2023 Protest Veronika Elsener - All Rights Reserved.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.