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Carlos Ghosn's new lawyer, 'the Razor,' starts slashing

TOKYO — Carlos Ghosn's new lawyer took aim at Nissan, prosecutors and courts on Wednesday, dismissing the charges against the ousted chairman as an internal company matter and saying Japan was out of step with international norms by keeping his client in jail. "This should have been dealt with as an internal matter," Junichiro Hironaka, nicknamed the Razor, said at his first press briefing. Ghosn, who was arrested in November over alleged financial misconduct and remains in detention in a Tokyo jail, picked a new team last week with long-time defense attorney Hironaka as a key member to replace Motonari Otsuru, a lawyer who once ran the prosecutor's office investigating him. Hironaka's combative style contrasts with the low-key approach adopted by media-shy Otsuru. Ghosn's switch to an aggressive legal strategy came after his attempts to win bail failed and just before lawyers were due to sit down with prosecutors and judges for the first time to hash out a schedule for pre-trial discovery meetings, where prosecutors will reveal evidence and submit a list of witnesses. Hironaka said he didn't know why Ghosn picked him, but added that Ghosn probably wanted an experienced criminal lawyer as the case moved toward trial. The 73-year-old defense attorney is reputed for winning high profile cases, including the acquittal of a senior lawmaker, Ichiro Ozawa, on financial misconduct charges. He also helped free a senior bureaucrat Atsuko Muraki who was jailed for four months on corruption charges fabricated by prosecutors. Yet, even with greater legal firepower the former Nissan Motor Co boss faces a criminal justice system where only three out of every 100 defendants pleading not guilty are acquitted. Neither does Japan have a plea-deal mechanism that would allow Ghosn to agree to lesser charges for a lighter sentence. "The change in lawyers means a change in style, but the legal strategy will still be the same. I don't think it increases Ghosn's chance of an acquittal," said Masashi Akita, a defense lawyer at Shin-Yu Law Office in Osaka, ahead of Wednesday's comments by Hironaka. Ghosn has lost his perch atop an automotive alliance trio of French carmaker Renault SA and Japanese automakers Nissan and Mitsubishi Motors Corp. Attempts to win bail, including an offer to wear a GPS ankle bracelet and hire security guards to stop him trying to tamper with evidence, failed.

Nissan owners complain to feds about rusting floors

"You can feel it's soft right here," Jeff Talman told KSHB. "Right under his driver and passenger seats, the floorboards were rusting from the inside out," a KSHB reporter said. "This is a seven-inch area where it's actually rotted up here," Talman said. That was Jeff Talman, just one of many who have had issues with rusting floorboards in Nissan Altimas. KSHB reported the National Highway Traffic Safety Administration has received more than 400 complains about rust issues in 2002-2006 models. NBC highlighted a Chicago woman's 2005 car, which had rusted so much the floorboards were actually crumbling. "The hole was big enough to fit her foot through," NBC reporter Tom Costello said. "I'm not Fred Flintstone. This is not a good thing," Marie DeMaria said. While NBC reports snow and road salt could account for rust damage in some vehicles, that's probably not the cause in places that don't get snow and ice. And complaints are coming in from all over the country. Both Toyota and Ford have recalled hundreds of thousands of vehicles in the past few years because rusting underbody parts made the vehicles fall apart. Despite the number of complaints, Nissan isn't recalling the Altima vehicle models in question. "It's not a safety recall problem that's going to cause immediate death and injury if you have a hole in the floor. As a result of that, what we've seen is that Nissan has been able to get away with this problem," auto safety expert Sean Kane told WBZ-TV. KSHB reports the age of the cars is another way Nissan is able to avoid covering cost to fix them. "Once it's out of the warranty period, obviously they don't have any legal obligation. It becomes more of a customer service issue of whether they want to deal with it or not," body shop owner Bill Eveland said. NBC did reach out to Nissan for comment, but the carmaker reiterated that both it and the National Highway Traffic Safety Administration do not consider the rust problem to be a safety defect. This video includes an image from Getty Images.

Nissan could report first quarterly loss since March 2009

TOKYO — Nissan may report its first quarterly loss in more than a decade on Thursday because of slumping sales, sources familiar with the company said, adding more pressure on efforts to rebuild the company after Carlos Ghosn's ouster. Deteriorating profits underscore the challenges facing Nissan, which is unwinding many of the expansionist strategies championed by ex-Chief Executive Officer and Chairman Ghosn by slashing jobs, production sites and product offerings to save cash and ensure its survival. In addition to slumping sales, production disruptions caused by China's coronavirus outbreak could also drag profits lower. Three senior officials at Japan's No. 2 automaker told Reuters that they anticipate a poor results announcement on Thursday, with one of them calling the figures "dismal". Two of the officials cautioned that there is the possibility of an operating loss, which would be the first quarterly loss since the period ending in March 2009. Nissan said it could not comment on its financial results ahead of its official announcement. The company is likely to report operating profit of 48.6 billion yen ($442.5 million) for the quarter ending in December, less than half the 103 billion yen profit a year ago, according to SmartEstimate's survey of three analysts, who revised their forecasts in January. However, those forecasts were issued before the release of the December vehicle sales figures on Jan. 30, which show third-quarter sales dropped by 11% from the year earlier period, according to Reuters calculations. That is the biggest quarterly slump of its current sales downturn that began two years ago. That sales decline led one auto equities analyst based in Japan to scrap his forecast and also warn that Nissan could post a loss. "It will be a question of whether there will be a profit or a loss. For the quarter, a loss is a possibility," he said, declining to be named as his forecast had not been updated to reflect his latest view. One of the three Nissan officials said there is a risk the automaker may cut its full-year profit forecast of 150 billion yen, which would be an 11-year low. The company announced that forecast in November after an initial 230 billion yen outlook.