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What to expect from the Japanese trial of Nissan and Greg Kelly

TOKYO — The criminal trial against Japanese automaker Nissan and its former executive Greg Kelly will open in Tokyo District Court on Tuesday. ItÂ’s the latest chapter in the unfolding scandal of Carlos Ghosn, a superstar at Nissan until he and Kelly were arrested in late 2018. Five questions and answers about the trial: Q: WHAT ARE THE ALLEGATIONS? A: The charges center around KellyÂ’s role in alleged under-reporting of GhosnÂ’s future compensation by about 9 billion yen ($85 million), a violation of financial laws. Kelly says he is innocent. Nissan, which is also similarly charged, has already acknowledged guilt, made corrections to the compensation documents submitted to the authorities, and has started paying a 2.4 billion yen ($22.6 million) fine. Q: WHAT HAPPENS TO GHOSN? A: Probably nothing. He skipped bail late last year and is now in Lebanon, which has no extradition treaty with Japan. Two Americans, Michael Taylor and his son Peter Taylor are being held in Massachusetts without bail, suspected of having helped Ghosn escape by hiding in a box on a private jet. A U.S. judge recently approved their extradition to Japan. The case is now before the U.S. State Department. Q: HOW DO CRIMINAL TRIALS PROCEED IN JAPAN? A: The trial, before a panel of three judges, is expected to take about a year. There is no jury. Juries are selected only for extremely serious cases in Japan, such as murder. In principle, there are no plea bargains although backroom deals are made all the time. Closed pre-trial sessions are held ahead of the trialÂ’s opening, often for months before the real trial begins. Japan's legal system has come under fire from both within and outside the country as “hostage justice” because suspects often are held for months and interrogated without a lawyer present, often leading to false confessions, according to critics. Q: WHAT ARE KELLYÂ’S CHANCES? A: More than 99% of criminal trials in Japan result in a conviction. Japanese Justice Minister Masako Mori, in an online presentation in English hosted by the Japanese Embassy in the U.S., argued the conviction rate is so high because Japan prosecutes only about a third of the cases that come up, choosing only those that “result in guilty verdicts.” She insisted there is a “presumption of innocence.” She declined comment on KellyÂ’s case.

Auditor had questioned Nissan on payments in Ghosn scandal, source says

TOKYO — Nissan's auditor had repeatedly questioned transactions at the heart of allegations of financial misconduct by former chief Carlos Ghosn, but Nissan said they were proper, a person with direct knowledge of the matter said on Wednesday. Ernst & Young ShinNihon LLC questioned Nissan's management several times, chiefly around 2013, about purchases of overseas luxury homes for Ghosn's personal use and of stock-appreciation rights that were conferred on him. But the Japanese automaker said the transactions and financial reporting were appropriate, the source told Reuters on condition of anonymity. The revelation shows Nissan and its auditor were discussing the transactions, in apparent contrast with Nissan's contention that the alleged misreporting of benefits for Ghosn was masterminded by Ghosn and a key lieutenant. A spokesman for EY ShinNihon, the Japanese affiliate of global accounting firm Ernst & Young, said he could not comment on specific cases. A Nissan spokesman declined to comment. Ghosn was arrested on Nov. 19 as he arrived in Japan. Prosecutors accuse him of falsifying Nissan's annual reports to understate by about half his total compensation of some 10 billion yen ($90 million) over several years. The high-profile former executive has denied the allegations, according to Japanese media. Ghosn remains in custody and is unable to speak publicly. He is represented by former prosecutor Motonari Otsuru, according to Japanese media. Otsuru's law firm declined to comment on Wednesday, and Otsuru has not responded to requests for comment. Nissan has largely pinned the blame on Ghosn and Greg Kelly, a former representative director who was arrested along with Ghosn on the same allegations. "As a result of the investigation, we are certain these two are the masterminds," CEO Hiroto Saikawa told a news conference on Nov. 19, referring to Ghosn and Kelly. He declined to say whether others at Nissan were involved in the alleged wrongdoing. An internal investigation is ongoing, and Nissan says it is cooperating with prosecutors. Nissan and Mitsubishi Motors have removed Ghosn as chairman in the wake of his arrest. The French member of the three-firm alliance, Renault, retains him as chairman and CEO.

2016 Mitsubishi Outlander has fresh design and a bump in refinement

Mitsubishi hopes to have the delivered the big finish to this year's New York Auto Show, with its new midsize, three-row Outlander. The company seems oddly emphatic in pointing out that the SUV is "not just a cosmetic 'refreshing'" at the top of its press release; we thinks you doth protest too much, Mitsu. The real freshness starts with the exterior styling, which is said to break ground on a new design language for the brand. The half-chrome, half-blacked out front fascia is certainly the most eye-catching part of the SUV, though taut, conservative details make up the rest. We don't expect a lot of love-it / hate-it comments based on this Mitsubishi (though you guys do surprise us sometimes). But however the company may draw attention to the "over 100 engineering and design improvements" made to the SUV, what's under the hood feels familiar. No mention is made of the 2016 engine lineup, so we expect the 2.4-liter four and 3.0-liter V6 to carryover unchanged from last year. There is a new CVT, however, said to come with improvements to acceleration and "shift feel." Other updates include a more composed chassis, rigid body structure and improved levels of NVH thanks to sound insolation and noise-deadening glass. Pricing and new technical specs (such as they might be) are soon to be out in the near future. In the meantime, feast your eyes on the new Outlander's style in our gallery from the show floor. Mitsubishi Motors New 2016 Outlander Makes World Debut at the 2015 New York International Auto Show The 2016 Outlander showcases Mitsubishi's new design language for the first time on a production vehicle The new Outlander features over 100 engineering and design improvements The 2016 Outlander marks a new era for the Mitsubishi brand relating to style, refinement and overall driving experience Mitsubishi Motors North America, Inc. (MMNA) today unveiled the new 2016 Mitsubishi Outlander seven-passenger crossover at the 2015 New York International Auto Show. The 2016 Outlander is the first Mitsubishi production vehicle to showcase the brand's new design language. The 2016 Outlander is not just a cosmetic "refreshing," however, and features an unprecedented number of important engineering and design improvements that increase the level of refinement and overall driving experience. The 2016 Outlander is a segment-leading vehicle that will appeal to buyers wanting value, quality and safety.