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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.

YouTuber TJ Smith is your singing Lyft driver in Nissan Sentra ad

Perhaps you've seen Nissan's latest commercial, promoting the Sentra. It's a fairly simple little spot, showing the compact's driver blaring Billy Idol's Mony Mony, singing along and encouraging other motorists to join in.
We'd have been fine had it been left at that. It's a simple commercial that shows the car with a catchy tune and smiling people. Nissan couldn't leave well enough alone, though, and has come back with this. Starring TJ Smith - the driver from the original ad and an apparent YouTube celebrity famous for the kind of thing shown in the original commercial - the new ad expands on the old, with more people, and more Mony Mony. This time round, Smith is serving as a driver for the Lyft service, who just happens to break into song with his fares in the car.
Scroll down for the full video. If you've no idea what we're talking about, we've also included the original commercial.

Nissan Sway could see production

After unveiling the Sway concept at the 2015 Geneva Motor Show, Nissan was crystal clear that the showcar previewed the potentially bolder shape for a future compact hatchback. While it's likely a peek at the future Micra sold in other markets, not much is stopping similar styling from arriving to US showrooms, too. According to Nissan design boss Shiro Nakamura to Automotive News, the Sway was specifically designed to attract interest to visitors in Geneva. However, he believes that the shape could be attractive to buyers in other parts of the world. The showcar's styling blends elements from earlier Nissan concepts with the deeply V-shaped front end off the Lannia Concept and the floating roof from several others. The company isn't divulging a possible powertrain quite yet, though. Nissan is considering spinning the Versa Note off into its own product likely just called the Note, according to Automotive News. When it comes time for a new model around 2018, one way to really differentiate the newly independent vehicle might be to take on the Sway's much more radical styling. Related Video: