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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.

2016 Mitsubishi Outlander Sport shows its new nose

You know, I always thought the Mitsubishi Outlander Sport was kind of attractive. Really. But I'm not sure I can say the same about this refreshed, 2016 model. The big change is up front, where the re-schnozzed Sport now has a weird mix of colors and trims going on. There's chunky chrome trim with black in the middle of the face. In some colors, it almost looks like the car's missing a panel. Elsewhere, the 2016 Outlander Sport's enhancements are mostly positive. There's a new steering wheel, 6.1-inch infotainment display, new color choices, and some fresh 18-inch wheels. That's about it for updates, though. Things are the same as they ever were under the hood, with either a 2.0- or 2.4-liter four-cylinder engine powering the Sport, offering up 148 and 168 horsepower, respectively. So it's better equipped, but I wish it still looked as good as the pre-facelift model. Nevertheless, the Outlander Sport does well for Mitsubishi, and hopefully potential buyers won't be too put off by that unfortunate nose. UPDATED FOR 2016 - 2016 Outlander Sport adds bold, sleek exterior design elements with Mitsubishi's "Dynamic Shield" front design concept - Interior enhancements add stylish accents to further Outlander Sport's value CYPRESS, Calif. Nov. 18, 2015 – Mitsubishi Motors North America, Inc. (MMNA) today unveiled the updated 2016 Mitsubishi Outlander Sport featuring a newly redesigned, bold exterior front fascia/grille. The brand's best-selling CUV is now equipped with Mitsubishi's "Dynamic Shield" front design concept adding a sleek, audacious element to a vehicle that already makes a statement of its own. "The Outlander Sport is a brand leader for Mitsubishi Motors, and we are excited to unveil this eye-catching 2016 model-year," said MMNA executive vice president, Don Swearingen. "The Outlander Sport has always been a fun vehicle that delivers on its promise of reliability and value, and the 2016 model year continues to do so with a great new family look that unifies the Mitsubishi CUV lineup." In addition to the new exterior design, the 2016 Outlander Sport is equipped with new power folding side mirrors with LED turn indicators, wheel lip moldings, auto-dimming rearview mirror with Homelink® and a new 18-inch alloy wheel design. Also new to the vehicle this year are three new exterior colors: Cool Silver, Diamond White Pearl and Quartz Brown.

Carlos Ghosn re-arrested and thrown back in jail [UPDATE]

TOKYO — Tokyo prosecutors arrested Nissan's former chairman Carlos Ghosn on Thursday for a fourth time, on fresh allegations that cut short his brief time outside detention. Early in the morning, Ghosn was taken from his apartment in Tokyo to the prosecutors' office and then sent to the Tokyo Detention Center, the same facility where he spent more than three months following his arrest in November. He had been released on bail just a month earlier. It's unclear how long Ghosn may be detained under the latest arrest, which involves what prosecutors said was a new alleged crime. "My arrest this morning is outrageous and arbitrary," Ghosn said in a statement issued Thursday. "It is part of another attempt by some individuals at Nissan to silence me by misleading the prosecutors. Why arrest me except to try to break me? I will not be broken. I am innocent of the groundless charges and accusations against me." The prosecutors defended the move, saying the latest allegations are a new case requiring precautions to prevent Ghosn from destroying evidence. They allege $5 million in funds sent by a Nissan subsidiary to an overseas dealership were diverted to a company controlled by Ghosn. "We now have a totally different case, and we are only doing what we think is right," Shin Kukimoto, deputy chief prosecutor at the Tokyo District Prosecutor's Office, told reporters. "As a result of our investigation, we have a new case in which he must be detained, and we have appropriately obtained an arrest warrant from the court," he said. Ghosn, 65, was first arrested on Nov. 19 on charges of under-reporting his compensation. He was rearrested twice in December, including on breach of trust charges. The multiple arrests prolong detentions without trial and are an oft-criticized prosecution tactic in Japan's criminal justice system. The allegations in the most recent arrest cover three money transfers from 2015 through last year, according to the prosecutors. Kukimoto said the new allegation of breach of trust is different from an earlier charge made in January. The companies where the money was transferred to, the motives, and the alleged scheme are all different, he said. He refused to identify the three companies allegedly involved but said one company was in effect owned by Ghosn. Unlike an earlier case, in which Ghosn caused damage to Nissan to benefit himself and a business partner, this time it was merely "for his own personal benefit," Kukimoto said.