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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.

Mitsubishi hopes you'll trade driving data for a cheaper oil change

Companies and cities love it when you supply driving data, but how do they convince you to hand it over? In Mitsubishi's case, it's simple: shower people with gifts. The automaker has launched a mobile app that asks American commuters to share data on their driving habits with insurance companies in return for badges they can exchange for rewards. Mind your road manners (such as staying within the speed limit or avoiding sudden braking) and you can get discounts on oil changes and car accessories. You should also receive free coffee and gift cards by the end of 2018. Insurers and local governments have tried similar strategies, but this is the first of its kind directly from a car company. Mitsubishi's Bryan Arnett described this to the Wall Street Journal as a way to "stabilize the business" with alternate sources of income if car sales slip. The catch, as you may have guessed, is that insurers will have your data. The Mitsubishi project will help insurers understand driving patterns and adjust their risk profiles, potentially lowering your rates if you drive safely. However, you're potentially subjecting yourself to scrutiny for every little decision you make on the road, often without context. If you push past the speed limit to get out of a big rig's blind spot, will Mitsubishi know the difference between that and genuinely reckless driving? Probably not. Simultaneously, there's a concern that insurance companies may try to make this kind of data collection mandatory if you want to avoid stiff premiums, rather than a bonus. If they did, you wouldn't have much choice but to sacrifice privacy if you wanted to drive. The move draws attention to the practices of the car makers themselves, for that matter. Many of them are aware that car ownership might not last forever, and they may increasingly turn to data harvesting strategies like this to offset any potential sales drops.This story originally appeared on Engadget, your guide to this connected life.Related Video:

Watch Mitsubishi Express van bend its way to 0-star crash test rating

Mitsubishi became a champion of economies of scale when it joined the Renault-Nissan alliance in 2016, but the merger triggered at least one undesirable side effect. The Express, a badge-engineered version of the Renault Trafic van, received a zero-star crash test rating from the Australasian New Car Assessment Program (ANCAP). Released in Australia and in New Zealand in 2020, the Express was damned by the safety watchdog for lacking chest protection, a central airbag to prevent the occupants from hitting each other and an airbag for the passenger sitting in the middle of the three-person bench. ANCAP also noted the model is not available with electronic driving aids, like automatic emergency braking, pedestrian detection and lane-keeping assist. Mitsubishi Express crash test View 8 Photos Consequently, the Express scored 55% for adult occupant protection, 40% for vulnerable road user protection, and 7% for safety assist. ANCAP argued the Express is a safety hazard even to motorists not traveling in it. "The front structure of the Express presented a high risk to the occupants of an oncoming vehicle," it wrote, adding that this gave the van a penalty. It pointed out that more driving aids would have increased the rating, however. While vans often lag behind in the safety department, scoring zero stars is highly unusual, especially in 2021; the last-generation Express managed to score a one-star rating in 2011. The Toyota HiAce tested in 2019 received a five-star rating, while the made-in-China LDV G10 managed to score three stars in a 2015 crash test. In Europe, the Trafic that the Express is based on earned a three-star rating in 2015, though tests have gotten stricter since. Related Video: This content is hosted by a third party. To view it, please update your privacy preferences. Manage Settings.