Direction 1: The prosecutor decides to prosecute.In this case, I would execute my offensive plan. I had estimated a Philippine legal budget of about $7,000, a Japanese legal budget of $20,000, and another $15,000 to execute my online plan. Of course, spending in excess of $40,000 plus hundreds of hours of my time is something I most certainly did not want to do, but a strictly defensive strategy might not work. Considering I hate losing (and don’t think I would like jail either), I really had no choice.

Direction 2: The prosecutor declines to prosecute.In this outcome, I state in my letter “there is no need for a worldwide boycott, but there will certainly be much that I can, and will, post and publicize online.”

Since you are reading this, you should have a heads-up that they went with Choice 2, and that the case went in Direction 2. Maybe they are still confident they made the right decision. But mark my words, a few years from now, Choice 1 will look a whole lot wiser. Even someone as lacking in intelligence as a Subaru executive will eventually come to terms with their foolishness. If not, well at least I tried.

Can you imagine a world where your online complaints get you sent to prison? A world where companies can do as they wish with everyone scared to call them out? Well, the world I imagine is a place where corporations are the ones scared to file libel complaints. If I stick this out, I think we can get there.

04/15/2019 LETTER TO SUBARU EXECUTIVES DEMANDING WITHDRAWAL OF LIBEL COMPLAINT

A three page business letter? Unfortunately I had so much to say that I had to break a basic rule that all letters should be about a page if you want them read carefully.

At this point in the dispute I had filed my counter-affidavit and was waiting for a response. Even in San Juan, the courts have to deal with far more cases than they should and a complicated case such as cyber-libel would likely take a couple of months before a decision is made. I don’t know what their decision will be, but considering that it is quite possible that they will decide to prosecute, I could receive a minimum of 7 years in jail if found guilty. It was clear that an offensive strategy would be best to avoid this nonsense. On defense, there is little I can do, but on offense, there is little I CAN’T do if I engage an adequate amount of time and resources to the endeavor. Subaru has had an offensive strategy from the beginning (just read their letter to me dated 4/17/12), but of course two can play that game, and I love games.

While the libel complaint had been made by a local affiliate, my remarks had been carefully structured to be aimed solely at Subaru. Therefore, it could only be assumed that Subaru was behind the filing and the affiliate was merely acting under their direction. Accordingly, the letter was sent to Tokyo, rather than Manila or Singapore. To eliminate the risk (small, but real) of a long incarceration, I would give Subaru an option. If they withdraw their complaint, I would back down. To this end, I had to formulate an offensive plan, retain a Japanese attorney, and communicate my demand to Subaru in no uncertain terms. The attached letter encapsulates the plan. I was very clear with Subaru that they had two choices:

CHOICE 1)

This would be the obvious intelligent choice - WITHDRAW THE COMPLAINT. If they did this, I would freeze my website at its current status, never update or promote it, and permanently take it down after 5 years (because they had caused me significant grief for the past 5 years, and there had to be a consequence for that).

CHOICE 2)

Refuse to withdraw their complaint. At which point this dispute would go in one of two directions, depending on the decision of the prosecutor:

http://neverbuyasubaru.com/files/Glen_Tan_attorney_letter.pdf

Tamotsu lnui

Vice President Subaru Corporation

Ebisu Subaru Bldg.

1-20-8, Ebisu, Shibuya-ku, Tokyo 150-8554

Dear Tamotsu lnui,

April 15, 2019

Julian Cohen

20a Echo St.

Subic Freeport, 2200

+63917-807-0033

As you may be aware, I have been in a legal fight with your Philippine representative, Motor Image, for many

years. While the legal fight has been against Motor Image, almost all negative statements have been directed at

Subaru. This is not only because you allow them to deny valid warranty claims, but also due to libel laws in this

country. This fight has taken a very serious turn with the recent filing of a criminal complaint of cyber libel against

me. Attached is the filing and my response.

This is only a complaint, and the prosecutor will determine if the filing of charges are appropriate. If found guilty,

I will go to prison for up to 12 years because I complained about the warranty on my Subaru car that was not

honored. I am sure you do not care, and may be quite pleased to see me in jail. However, after my arrest, I will

be able to bail myself out the following day. From that point, the case the case will proceed through the courts in

a typically slow process, likely being several years before a judgment is rendered.

Since my statements have been very carefully structured to be against Subaru Corporation in Japan, the evidence

suggests that you are behind this prosecution and certainly responsible for it. Therefore, let me explain what wili

happen if I am arrested.

1) My computer will be seized. At that point, I will have no control if private information on my computer is made public as the files on the computer will not be in my possession. I WILL NOT BE RESPONSIBLE FOR

ANY LEAKS AS THE COMPUTER WILL NOT BE IN MY CONTROL.

2) I will publicize the libel case on my website, neverbuyasubaru.com. As of now, I make no mention of it. The cyber libel law in the Philippines leaves me with limited options. It was written by politicians to be

able to silence their critics, and even the truth is not a defense if what is said damages a reputation (I

make the argument about the truth in my affidavit, but I fully expect Motor Image to reject that in their

rebuttal}.

Are you quite sure you want to be the first automotive company in the country to use a cyber-l1bel law

against a customer? In fact, I think it 1s quite possible that you would be the first, not just in the Philippines,

but in the world. Either way, you will be the only car brand where the prosecution of a customer for libel is well publicized online. You will be known for symmetric all-wheel drive, solid SUV's at reasonable prices,

worthless warranties, and prosecuting customers who complain. To those that did not believe my serious

accusations about how Subaru treats their customers, this should convince them once and for all.

As the truth is not allowed as a defense, my best option is to allocate most of my resources to offence.

Obviously, Motor Image cannot be a part of this offensive strategy, and since you are clearly behind their

actions, it will be directed solely at Subaru. Your strategy from the beginning has been to attack me

relentlessly through your Philippine proxy, and now this vicious attempt to lock me up. Since you cannot

be reasoned with, you leave me no choice.

3) I will organize, primarily, a worldwide boycott against Subaru cars. A very difficult endeavor to be sure,

but certainly possible given enough resources. Many people, particularly Americans (of which I am one),

do not take kindly to criminal libel, especially when it is facilitated by a brand people know. We cherish our ability to make valid complaints. Who in their right mind will consider buying a Subaru car ifthey know

that when they are unhappy and complain online, they will be arrested? With 12 years of my life at stake,

I would not have issue with spending a significant amount of time and money on this boycott. As I am

retired, and have adequate financial resources, you can be sure that this boycott will be communicated

to a wide audience.

4) I will focus on search terms, both organic and paid, and will contract with the best in the business for this

endeavor. The terms will be aimed at consumers looking to purchase Subaru cars THE PUBLICITY OF MY

ARREST, AND RESULTING LINKS TO MY SITE ARE EXACTLY WHAT IS NEEDED TO HELP GET MY TARGETED

TERMS TO THE TOP OF SEARCH RESULTS.

5) Several Americans have offered support for my previous endeavor wh;ch I have so far rejected, as I

believe neverbuyasubaru.com is adequate. These Americans, whom are not subject to Philippine libel

laws can, and surely will, proceed if I am arrested. I am in sole control of only neverbuyasubaru.com, and

no other websites. I will not be responsible for any other sites. While I may or may not support whatever they do, I will have no control.

6) The press, both general and automotive, have a very strong dislike for the abuse of criminal libel (as they

are typically at the receiving end). I will make sure that well over 90% of senior automotive journalists in

targeted countries are made aware of this case. The consequences to the Subaru brand will not be good.

If you would like an idea of how the Philippine press considers criminal libel, just google ''Rapp/er libel''. It

made numerous headlines in both February and March, and barely a day goes by without some mention

by the press. As of now, the Philippine press is on the sidelines with my case, but my arrest, using one of

the most hated laws in the country, will put them firmly on my side. And in the event that they somehow

view video of it, I believe it will motivate many of them to action As for the foreign press, many wil!

consider Subaru as the car company that locks people up, if they can, when they complain.

Everything I have done up until this point has been basically a hobby. The denial of my warranty claim was

wrong, you have been steadfast in your determination to not reverse that denial, and I had plenty of time

on my hands to take up a worthy cause. You should be able to imagine what would happen if this goes

from a 2 or 3 hour a week endeavor to 8 hours a day, with large amounts of money spent on advertising

and contractors. And now ! will have a REAL public service issue on my hands, not just a warranty denia1.

7) My arrest will be public, and someone may even post video of it online If so, consumers and members of the press will hear my complaints about Subaru at the same time they see your actions for themselves.

Seeing something happen, as opposed to a video of someone talking about something happening, is quite

a different thing.

8) To ensure that I have looked at all options, I am in Tokyo as I write this letter and have met with a couple

of attorneys. Unfortunately, the likelihood of success of any lawsuit filed against Subaru is very low (but

not zero!). However, I do have the right to file such a lawsuit, which would give me the opportunity to

make my claims, and have you answer those claims in court. This would result in significant evidence that

I could use to prove to a Philippine court that my comments that Motor Image consider libel are truly

intended for Subaru. An expensive proposition, but certainly a reasonable cost considering what is at

stake. Therefore, you should carefully consider the consequences of a court case filed against Subaru in

a Tokyo court claiming that you are behind my arrest for Libel.

Motor Image would not exist if you did not supply them with Subaru cars. Therefore, it is well within your power

to stop this nonsense right now. If you choose not to, you cannot say that you were not made well aware of the

consequences of my arrest.

My most recent letters and online postings, dated December 2018, were intended to be the last as the civil case

had come to a final conclusion I had wanted to move on, with the website staying up for a little less than 5 years

- the length of time that the court case had taken from my life I want you to be well aware that I will not be

posting anything new if the case is withdrawn, while any actions taken online that are dated after December

2018 will be a direct result to this criminal case not being withdrawn by Motor Image.

All parties - myself, Motor Image, and Subaru - have been hurt by the refusal of Subaru executives to ensure their

affiliates act with integrity in relation to Subaru customers hope you can appreciate the far the more serious

consequences if you continue with this strategy.

In short, Subaru has a choice. You can either instruct Motor Image to withdraw their complaint and this ends now,

or you can do nothing and be at the receiving end of a campaign from an unhappy customer that the automotive

industry has never seen.

As I said, rf the complaint is withdrawn by Motor Image, this ends However, if it 1s not withdrawn, but the

prosecutor decides NOT to prosecute, it is certainly not the end. The result 1s the same (I go free), but we do not

have a deal. In this case, there is no need for a worldwide boycott, but there will certainly be much that I can, and

will, post and publicize online.

Please also excuse the excessive number of letters I sent. Due to the serious consequences to the parties involved,

I have to be absolutely sure that the right person sees this letter, so I Just sent a copy to the president and all the

VP's I could identify.

NEVERBUYASUBARU.COM

http://neverbuyasubaru.com

12ADPCE09.tmpMasaki OkawaraExecutive Vice PresidentHideaki MatsukiSenior Vice PresidentHiromi TsutsumiSenior Vice PresidentShoichiro TozukaSenior Vice PresidentTakuji DaiSenior VPTatsuro KobayashiSVPHiroki KuriharaVPYasuhiro HamanakaVPYasushi NagaeVPHiromi TamoVPTakeshi SeiyamaVPTomoaki EmoriVPTamotsu InuiVP

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