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Carlos Ghosn, a year after arrest, still seeks trial date and access to evidence

TOKYO — A year after his arrest, Nissan ex-Chairman Carlos Ghosn remains stuck in Tokyo under stringent bail conditions and without a trial date as he seeks access to a trove of Nissan emails and other evidence to fight charges of financial misconduct. His lawyers have asked a court to grant access to 6,000 pieces of evidence collected from Nissan such as electronic communications, which they say is crucial for a fair trial, showed an Oct. 4 court filing seen by Reuters. The once-feted executive has spent 129 days in detention since his arrest shortly after his private jet touched down at a Tokyo airport on Nov. 19, 2018. He faces four charges — which he denies — including hiding income and enriching himself through payments to dealerships in the Middle East. Nissan sacked Ghosn, saying its internal investigations revealed misconduct ranging from understating his salary while he was its chief executive, and transferring $5 million of Nissan funds to an account in which he had an interest. An earlier court ruling allowed prosecutors to hand back evidence to Nissan during pretrial wrangling over witnesses and evidence similar to the U. S. discovery process. If prosecutors are "given the freedom to unilaterally delete the collected evidence and return it to relevant parties, this is equivalent to granting the investigative agencies the right to destroy evidence," showed the filing to the Tokyo District Court. The lawyers also asked the court to rescind the earlier ruling, saying some evidence could be erased by Nissan to protect confidential business information. They argued the "ruling deprives Mr. Ghosn of his right to receive a fair public trial by an impartial court," as it enabled prosecutors to view and use the evidence and withhold it from the defense. Prosecutors are not required to hand over all evidence they or the police gather during investigations unless ordered by the court, unlike in the U.S. discovery process where prosecutors and defense lawyers disclose the evidence they intend to present in court. A spokeswoman for the Tokyo prosecutors' office said the office could not comment on individual cases. A Nissan spokeswoman declined to comment. Ghosn's lawyers have also asked the court to dismiss all charges against him, accusing prosecutors of colluding with government officials and Nissan executives to oust him to block any takeover of the automaker by French alliance partner Renault SA, of which Ghosn was also chairman.

Here’s how 20 popular EVs fared in cold-weather testing in Norway

Electric vehicles are known to suffer diminished performance in cold weather, but some do a better job than others hanging onto their range capacity while cabin heaters and frigid outdoor temperatures sap power from their batteries. Recently, the Norwegian Automobile Federation put the 20 of the best-selling battery-electric vehicles in the country to the test, to see not only how winter weather affected their range but also their charging times. The major findings: On average, electric vehicles lost 18.5% of their official driving range as determined by the European WLTP cycle. Electric vehicles also charge more slowly in cold temperatures. And interestingly, the researchers learned that EVs don’t simply shut down when they lose power but instead deliver a series of warnings to the driver, with driving comfort and speed levels maintained until the very last few miles. Because itÂ’s Norway, the worldÂ’s top market for electric and plug-in hybrid vehicles by market share, the test included many EVs that arenÂ’t available here in the U.S. But there are many familiar faces, among them the Nissan Leaf, Tesla Models S, 3 and X, Hyundai Kona (known here as the Kona Electric) and Ioniq, and Audi E-Tron. In terms of range, the top-performing EV was the Hyundai Kona, which lost only 9% of its official range, which the WTLP rated at 449 kilometers, or 279 miles, compared to its EPA-rated range of 258 miles on a full charge. It delivered 405 km, just enough to nudge it ahead of the Tesla Model 3, which returned 404 km. Other top performers included the Audi E-Tron, in both its 50 Quattro (13% lower range) and higher-powered 55 Quattro (14% lower) guises; the Hyundai Ioniq (10% lower); and Volkswagen e-Golf (11% lower). At 610 km (379 miles) the Tesla Model S has the longest WLTP range of all models tested and went the furthest, but still lost 23% of its range, though it also encountered energy-sapping heavy snow at the end of its test, when many cars had dropped out. The Model 3 lost 28% of its range. The worst performer? That goes to the Opel Ampera-e, better known stateside as the Chevrolet Bolt. It traveled 297 km (about 184 miles) in the test, which was nearly 30% lower than its stated WLTP range. We should also note that Opel, now owned by Groupe PSA, is phasing the car out in Europe and that Chevy recently upgraded the Bolt here in the U.S.

Kayaba, Sumitomo to pay millions for price-fixing in US

Kayaba Industry Co, which does business in the US as suspension parts maker KYB, and Sumitomo Electric Industries are facing payments in the millions to settle price-fixing cases about the components that they make. As part of the Department of Justice's ongoing crackdown of price fixing in the auto industry, KYB agreed to pay $62 million and pleaded guilty to conspiracy to set the cost of shock absorbers from the mid '90s through 2012. The company allegedly worked with co-conspirators to keep the cost of the parts high, and those components then made it into vehicles from Honda, Kawasaki, Nissan, Subaru, Suzuki, and Toyota. "Any collusive agreement among competitors to restrict price competition undercuts our free enterprise system and violates the law," said Carter M. Stewart, US Attorney of the Southern District of Ohio, in the DoJ's announcement. Over the past few years, the DoJ has brought cases against 37 parts suppliers and 55 executives, leading to over $2.6 billion in fines. The investigations haven't always been so successful – some of the Japanese execs fled from the US to avoid prosecution. Critics allege that price fixing is simply how business is done. According to Automotive News, Sumitomo Electric Industries is also facing a $50 million settlement in a civil lawsuit that's related to price fixing of parts like wiring harnesses and heater control panels. The plaintiffs include owners and dealers that purchased vehicles with these parts. The company asserts that the violations are from before 2010, and it now has different process in place to avoid further violations. KYB Agrees to Plead Guilty and Pay $62 Million Criminal Fine for Fixing Price of Shock Absorbers Kayaba Industry Co. Ltd., dba KYB Corporation (KYB) has agreed to plead guilty and to pay a $62 million criminal fine for its role in a conspiracy to fix the price of shock absorbers installed in cars and motorcycles sold to U.S. consumers. According to charges filed today, KYB conspired from the mid-1990s until 2012 to fix the prices of shock absorbers sold to Fuji Heavy Industries Ltd. (manufacturer of Subaru vehicles), Honda Motor Co. Ltd., Kawasaki Heavy Industries Ltd., Nissan Motor Company Ltd., Suzuki Motor Corporation and Toyota Motor Company, including their subsidiaries in the United States.