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Nissan files civil suit against Ghosn, seeking $91 million in damages

TOKYO — Nissan filed a civil suit Wednesday seeking 10 billion yen ($91 million) in damages from the Japanese automaker's former Chairman Carlos Ghosn. Nissan filed the case in Yokohama District Court to recoup some of the monetary damages suffered, it said, “as a result of years of misconduct and fraudulent activity" by Ghosn. The claim was calculated by adding the costs from what Nissan called Ghosn's “corrupt practices,” such as rent for overseas property, use of corporate jets and payments to Ghosn's sister, as well as costs for the internal investigation into Ghosn's alleged wrongdoings. Representatives of Ghosn said in a statement they couldn't comment as they had yet to see the legal documents. “Nissan's maneuvers continue,” they said, while noting Nissan had claimed larger damages before. Ghosn, who led Nissan for two decades and saved it from near-bankruptcy, was arrested in Japan in November 2018, and charged with underreporting his future compensation and breach of trust in diverting Nissan money for personal gain. He was awaiting trial but skipped bail and showed up in Lebanon late last year. Japan has no extradition treaty with Lebanon, and he's unlikely to be arrested. A date had not been set for his trial, and Ghosn has said he was worried his ordeal would never end and he would not get a fair hearing. The bail conditions also barred him from seeing his wife. He has repeatedly lashed out at Japan's judicial system, where the conviction rate is higher than 99%. Japanese authorities recently issued an arrest warrant for Ghosn and three Americans, accused of helping his escape. Separately, they issued an arrest warrant for Ghosn's wife on suspicion of perjury. Ghosn has repeatedly said he is innocent, saying that the promised compensation had never been decided, and all the payments were for legitimate services. Wednesday's lawsuit by Nissan comes on top of the civil case Nissan filed against Ghosn in the British Virgin Islands in August last year. It alleged unauthorized payments, sought to regain a luxury yacht and pursued other damages, according to Nissan. Yokohama-based Nissan, which makes the Z sportscar, Leaf electric car and Infiniti luxury models, is also facing trial in Japan as a company in relation to Ghosn's scandal. It has indicated it will agree to any penalties. Nissan's reputation has been sorely tarnished over the Ghosn fiasco, and its sales have dropped. Nissan reports financial results Thursday.

Nissan recalls 3,065 Pathfinders for transmission fluid leak

Nissan is recalling 3,065 units of the 2013 Pathfinder equipped with the CVT, due to a potential transmission fluid leak. On crossovers built from April 18, 2012 to October 3,2012 "inadequate clamping force" on the hose connected to the internal oil cooler can cause the hose to come loose and let fluid escape. A severe loss of fluid can cause the transmission to stop working properly.
The recall is the result of a safety investigation begun last September, when it was thought a recall could involve 110,000 units of the Pathfinder and Infiniti JX35. Asked for comment about how such a large number of vehicles potentially involved could end up with just 3,065 being recalled, Nissan rep Steve Yaeger told Autoblog that Nissan initiated a service campaign for the issue last year - a service campaign notifies owners to take their vehicles to the dealer for repair of "what is generally not a safety issue" - and that there was a "production improvement" that addressed the clamping issue. The service campaign included the vehicles being recalled, but the recall is limited to just those vehicles that were built before the production-line fix.
Nissan will begin informing affected owners next month, at which time owners can take their vehicles to dealers to have the hose clamp repaired. The press release below from the National Highway Traffic Safety Administration has more information.

Internal Nissan emails reportedly corroborate Ghosn's claim of a setup

An internal email trail reportedly supports former boss Carlos Ghosn's claim that Nissan orchestrated his ouster. The leaked emails have been corroborated by sources familiar with their contents, Bloomberg reports.  Emails going back to February 2018, a year before his arrest, allegedly describe a deliberate and multi-pronged effort — a "methodical campaign," Bloomberg said — to remove Ghosn from the company and in so doing, put Nissan in position to negotiate a more favorable relationship with alliance partner Renault.  The initial effort was apparently triggered by Ghosn's announcement in 2018 that he wanted to further intertwine Renault and Nissan, eventually to the point where their integration would be irreversible. Former Ghosn aide Hari Nada, who would appear as the whistleblower figure who outed Ghosn for his alleged financial misconduct, allegedly suggested to a Nissan senior manager that company executives should move to "neutralize his initiatives before itÂ’s too late." Nada would later recommend the termination of the agreement governing the Renault-Nissan Alliance. This would have granted Nissan broader freedom to purchase stake in Renault (or even ultimately take it over entirely), and reduce the French automaker's influence over Nissan's ability to choose its own executives.  The next day, Ghosn was arrested at Haneda Airport in Tokyo on charges of financial misconduct, including personal use of company money and under-reporting of income.  Ghosn, who was released and re-arrested multiple times, fled Japan illegally in January, taking refuge in his former home of Lebanon. Since, Japanese authorities have pushed for his arrest but have been foiled by the lack of an extradition agreement between the two countries.       Government/Legal Rumormill Nissan Renault