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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.

Lebanon has 40 days to figure out what to do with Carlos Ghosn

BEIRUT — Lebanon and Japan have about 40 days to decide whether ousted Nissan boss Carlos Ghosn will be extradited to Japan or stand trial in Lebanon, a judicial source and a source close to Ghosn said on Thursday, following his escape from Japan. Ghosn fled to Lebanon, his childhood home, as he was awaiting trial on charges of under-reporting earnings, breach of trust and misappropriation of company funds, all of which he denies. Japan and Lebanon have no extradition agreement, and Lebanon does not typically hand over its nationals. Ghosn's legal team is hoping to hold the trial in Lebanon, where the former auto executive has deep ties and hopes to clear his name. Japan has in recent days asked Lebanon to clarify what files Tokyo needs to send as part of an official extradition request, the two sources said. "They came back and requested a clarification. Today, we sent that to the Japanese," the judicial source said. That communication is significant because, according to Lebanon's rules for dealing with Interpol notices, it triggers a roughly 40-day period by the end of which agreement must be reached between the countries on where and how Ghosn will stand trial, the sources said. Japan must now either send a formal extradition request to Lebanon or send Ghosn's file to Beirut and agree on a process for trying him there, the source close to Ghosn said. An Interpol spokesperson said on Friday the organization did not itself dictate a timeframe or require any action to be taken by countries and such a framework is set locally. Ghosn, who holds Lebanese, French, and Brazilian nationality, was questioned earlier this month by Lebanese prosecutors who confiscated his passport and imposed a travel ban as part of the Interpol arrest warrant process. The source close to Ghosn said the former executive can appeal to Lebanon's prosecutor to drop the ban and return his passport if Japan does not respond within the timeframe. Japanese prosecutors have said they are still pushing for Ghosn to be tried in Japan. Ghosn has struck out at what he has called Japan's unjust judicial system and said the alternative to fleeing would have been to spend the rest of his life languishing in Tokyo without a fair trial. Related Video: This content is hosted by a third party. To view it, please update your privacy preferences. Manage Settings.     Government/Legal Weird Car News Nissan Renault Carlos Ghosn

Nissan ex-Chairman Carlos Ghosn wins release from jail

TOKYO — The Tokyo District Court approved the release of former Nissan Chairman Carlos Ghosn on bail of 1 billion yen ($8.9 million) on Tuesday, although the end of his four months of detention in Japan was delayed when prosecutors appealed that decision. Prosecutors filed their objection to Ghosn's release within hours of the announcement he was going to be granted bail. But their appeal was rejected by the court, paving the way for his release. A lawyer for Ghosn said he would not be able to leave the Tokyo Detention Center until Wednesday at the earliest, because bail procedures can't be done at night. The acceptance of Ghosn's request for bail, his third, came a day after the lawyer, Junichiro Hironaka, said he was confident the auto executive would gain his release. Hironaka, who recently joined Ghosn's defense team, is famous for winning acquittals in Japan, a nation where the conviction rate is 99 percent. Hironaka said Monday that he had offered new ways to monitor Ghosn after his release, such as camera surveillance. Hironaka also questioned the grounds for Ghosn's arrest, calling the case "very peculiar," and suggesting it could have been dealt with as an internal company matter. He welcomed the decision, telling reporters: "It was good we proposed concrete ways showing how he would not tamper with evidence or try to flee." The 1 billion yen bail set by the court was relatively high but not the highest ever in Japan. Among the conditions for Ghosn's release were restrictions on where he can live, a ban on foreign travel and other promises not to tamper with evidence or try to flee, the court said. The former head of the Renault-Nissan-Mitsubishi Motors alliance has been detained since he was arrested on Nov. 19. He says he is innocent of charges of falsifying financial information and of breach of trust. In Japan, suspects are routinely detained for months, often until their trials start. That's especially true of those who insist on their innocence. Prosecutors say suspects may tamper with evidence and shouldn't be released. Two previous requests submitted by his legal team were denied. His previous defense lawyer, Motonari Ohtsuru, had said Ghosn's release might not come for months. Hironaka is among many critics of the Japanese justice system who say such lengthy detentions of suspects are unfair.