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Nissan and Carlos Ghosn settle SEC claims over undisclosed compensation

WASHINGTON — Nissan and its former Chief Executive Carlos Ghosn have agreed to settle claims from the U.S. Securities and Exchange Commission over false financial disclosures related to Ghosn's compensation, an SEC statement said on Monday. Nissan will pay $15 million, while Ghosn agreed to a $1 million civil penalty and a 10-year ban from serving as an officer or director of a publicly traded U.S. company, the SEC statement said. Ghosn was arrested in Japan and fired by Nissan last year. He is awaiting trial in Tokyo on financial misconduct charges that he denies. Former Nissan human resources official Gregory Kelly agreed to a $100,000 penalty and a five-year officer and director ban. Nissan, Ghosn, and Kelly settled without admitting or denying the SEC's allegations and findings. The SEC said in total Nissan in its financial disclosures omitted more than $140 million to be paid to Ghosn in retirement — a sum that ultimately was not paid. The SEC also accused Ghosn in a suit filed in New York that he engaged in a scheme to conceal more than $90 million of compensation. That suit is being settled as part of the agreement announced Monday. Nissan confirmed it had settled the allegations and said it "is firmly committed to continuing to further cultivate robust corporate governance." Nissan provided significant cooperation to the SEC, the agency said. The company now has a new governance structure with three statutory committees — audit, compensation and nomination — and has amended its securities reports for all relevant years. The SEC said beginning in 2004 Nissan's board delegated to Ghosn the authority to set individual director and executive compensation levels, including his own. The SEC said "Ghosn and his subordinates, including Kelly, crafted various ways to structure payment of the undisclosed compensation after Ghosn's retirement, such as entering into secret contracts, backdating letters to grant Ghosn interests in Nissan's Long Term Incentive Plan, and changing the calculation of Ghosn's pension allowance to provide more than $50 million in additional benefits." "Investors are entitled to know how, and how much, a company compensates its top executives. Ghosn and Kelly went to great lengths to conceal this information from investors and the market," said Stephanie Avakian, co-director of the SEC's Division of Enforcement.

Carlos Ghosn's son predicts surprises at ex-Nissan chief's day in court

PARIS — The son of former Nissan chairman Carlos Ghosn said in an interview published Sunday that people will be surprised when his father, detained since Nov. 19 for allegedly falsifying financial reports, recounts his version of events to a Tokyo court on Tuesday. Anthony Ghosn, 24, told France's Journal du Dimanche that his father — who will remain detained until at least Jan. 11 — will get 10 minutes to talk at the hearing, being held at his own request. "For the first time, he can talk about his version of the allegations against him," Anthony Ghosn said in the interview with the weekly paper Journal du Dimanche. "I think everyone will be rather surprised hearing his version of the story. Until now, we've only heard the accusers." The son has no direct contact with his father, and gets information via lawyers. He said his father, who for decades was a revered figure in the global auto industry, has lost about 10 kilograms (22 pounds) eating three bowls of rice daily, but he reads books and "he resists." Ghosn refuses to cave in, said his son, contending that he would be freed from detention if he admitted guilt to the prosecutor. "But for seven weeks, his decision has been quite clear ... He won't give in," Anthony Ghosn said, adding that he would be wearing prison clothes and handcuffs in court. Countering media portrayals, he insisted his father, a Brazilian-born Frenchman of Lebanese ancestry, is "not obsessed by money." "He always told us that money is but a means to help those you love, but not an end unto itself." Ghosn is charged with underreporting his pay by about 5 billion yen ($44 million) in 2011-2015, and faces a breach of trust allegation. He led Nissan Motor Co. for two decades and helped save the Japanese automaker from near bankruptcy. He remains head of France's Renault car company, which owns 43 percent of Nissan. Another Nissan executive, Greg Kelly, was arrested on suspicion of collaborating with Ghosn on the underreporting of income and was freed Dec. 25 on 70 million yen ($635,600) bail after more than a month in detention.Related Video:

1959 Cadillac Eldorado and more featured in latest 'Forza Horizon 4' car pack

It's that time again, time for another Forza Horizon 4 car pack. This one is a bit bittersweet, because while there are some great cars, it will also be the last one included with the Car Pass, which covered every downloadable car pack for a discounted price. So either we won't see many additional cars in the coming months, or we'll be paying extra for them. On a brighter note, the cars in this pack are cool, particularly the 1959 Cadillac Eldorado Biarritz convertible. Threading this aircraft carrier of a car through British streets should be highly entertaining. It's also stylish as all get-out. There are more appropriately sporty cars coming, too, including the 1994 Honda Prelude Si, 1994 Nissan Fairlady Z Version S Twin Turbo and the all-new TVR Griffith. Some reward cars being added come from the role-playing video game Final Fantasy XV. They're the Quartz Regalia Type F and Type D. The Type F is another big luxury convertible in the vein of the Cadillac, and the Type D is the monster truck version. The car pack is available now, and is free to owners of the $29.99 Car Pass. The individual car packs are available for $6.99 separately, and individual cars are even available for $2.99 a piece if you only want specific ones. Related Video: Image Credit: Turn10 Studios / Playground Games Toys/Games Cadillac Honda Nissan forza horizon 4