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Ex-Nissan chairman Carlos Ghosn indicted, may remain in jail for months

TOKYO — Nissan's ex-chairman Carlos Ghosn was charged Friday with breach of trust, according to the Tokyo District Court, making the star executive's release unlikely for months. Ghosn, arrested Nov. 19, was earlier charged with falsifying financial reports in underreporting his income by about 5 billion yen ($44 million) over five years through 2015. Ghosn; Greg Kelly, another Nissan executive; and Nissan as a legal entity also were charged Friday with additional underreporting of income, from 2015 through mid-2018. Ghosn's lawyer Motonari Ohtsuru said he would request that Ghosn be granted release on bail. His detention period for the breach of trust allegations was due to expire Friday. Kelly and Nissan were not charged with breach of trust. Those allegations center on Ghosn's handling of investment losses and payments made to a Saudi businessman. Ghosn, 64, says he's innocent. Suspects in Japan are routinely held for months until trials start, and Tokyo prosecutors maintain that Ghosn, a Brazilian-born Frenchman of Lebanese ancestry, is a flight risk. Earlier this week Ghosn told a Tokyo court he was innocent, in his first public appearance since his arrest, and appealed for his detention to end. But the court rejected that request. "I have a genuine love and appreciation for Nissan," Ghosn told the court. "In all of my efforts on behalf of the company, I have acted honorably, legally and with the knowledge and approval of the appropriate executives inside the company." He said the compensation was never decided on, the investment deal never resulted in any losses to Nissan, and the payments to the Saudi businessman were for legitimate services related to dealers and investments in the Gulf. Ghosn, who appeared much thinner than before his arrest, came down with a fever the day after his court appearance, but has since recovered, Ohtsuru, the lawyer, said. His wife Carole Ghosn issued a statement overnight out of Paris, expressing concern over his sickness. "I am pleading with the Japanese authorities to provide us with any information at all about my husband's health. We are fearful and very worried his recovery will be complicated while he continues to endure such harsh conditions and unfair treatment," she said. Apart from prosecutors, only embassy officials and Ghosn's lawyers are allowed to visit him. Such visits were canceled Thursday but resumed Friday.

Carlos Ghosn, a year after arrest, still seeks trial date and access to evidence

TOKYO — A year after his arrest, Nissan ex-Chairman Carlos Ghosn remains stuck in Tokyo under stringent bail conditions and without a trial date as he seeks access to a trove of Nissan emails and other evidence to fight charges of financial misconduct. His lawyers have asked a court to grant access to 6,000 pieces of evidence collected from Nissan such as electronic communications, which they say is crucial for a fair trial, showed an Oct. 4 court filing seen by Reuters. The once-feted executive has spent 129 days in detention since his arrest shortly after his private jet touched down at a Tokyo airport on Nov. 19, 2018. He faces four charges — which he denies — including hiding income and enriching himself through payments to dealerships in the Middle East. Nissan sacked Ghosn, saying its internal investigations revealed misconduct ranging from understating his salary while he was its chief executive, and transferring $5 million of Nissan funds to an account in which he had an interest. An earlier court ruling allowed prosecutors to hand back evidence to Nissan during pretrial wrangling over witnesses and evidence similar to the U. S. discovery process. If prosecutors are "given the freedom to unilaterally delete the collected evidence and return it to relevant parties, this is equivalent to granting the investigative agencies the right to destroy evidence," showed the filing to the Tokyo District Court. The lawyers also asked the court to rescind the earlier ruling, saying some evidence could be erased by Nissan to protect confidential business information. They argued the "ruling deprives Mr. Ghosn of his right to receive a fair public trial by an impartial court," as it enabled prosecutors to view and use the evidence and withhold it from the defense. Prosecutors are not required to hand over all evidence they or the police gather during investigations unless ordered by the court, unlike in the U.S. discovery process where prosecutors and defense lawyers disclose the evidence they intend to present in court. A spokeswoman for the Tokyo prosecutors' office said the office could not comment on individual cases. A Nissan spokeswoman declined to comment. Ghosn's lawyers have also asked the court to dismiss all charges against him, accusing prosecutors of colluding with government officials and Nissan executives to oust him to block any takeover of the automaker by French alliance partner Renault SA, of which Ghosn was also chairman.

Nissan should kill the Quest and bring the Mitsubishi Delica D:5 to America

Enthusiasts don't have much reason to get excited about minivans. But if there were something cool to revitalize interest in the segment, I think American consumers would take notice. A quick browse through Mitsubishi's current catalog of global offerings turned up something interesting, and, now that Nissan has brought the diamond-star into its multi-headed global alliance, the Japanese automaker has a unique opportunity to throw caution to the wind and give America something fun. First, let's acknowledge that the Nissan Quest is a completely reasonable and current minivan entry. But it's not exactly a hot seller. The Quest was the seventh-best-selling minivan in the United States last month. The people-hauler's 209 sales in September of 2016 represent a 68-percent decline over the previous year. Granted, the Quest was trending upward for the year prior to last month's drop, but even the Quest's best full year of sales would just manage to match the number of Toyota Siennas or Chrysler Pacificas sold in a decent month. Put simply, the American market wouldn't miss the Nissan Quest if it were to disappear from dealership lots altogether. I don't think the Nissan Quest is a bad vehicle. The problem is that it's just like every other minivan sold in America. Nothing about the Quest stands out against its competitors, which basically makes it a redundant vehicle with no solid reason to exist. What Nissan really needs, in my humble opinion, is a minivan that stands out from the crowd. I offer the following solution: Bring the Mitsubishi Delica D:5 to the United States. Badge it as a Nissan to take advantage of that brand's larger dealer network; even call it the Quest Q:5 if you must. But don't change much else. I have a feeling Americans would show some interest in an eight-passenger, all-wheel-drive, multi-purpose vehicle like the Delica that's about the same overall length as the Nissan Rogue. As an added incentive to capture as many buyers as possible, offer both the 2.4-liter gasoline engine and the 2.2-liter four-cylinder turbodiesel that are available in other markets. Since the Delica D:5 is based on the same GS platform as the Dodge Journey, it could probably accommodate a Pentastar V6, too, but that doesn't really seem necessary. Instead of being a powerhouse, the Delica should be about fun and efficiency, with an adventurous off-road streak.