2022 Nissan Altima 2.5 S on 2040-cars

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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.

Nissan had to re-edit this commercial two times to placate Aussie ad watchdog [w/poll]

Nissan recently aired a commercial in Australia for its Pulsar SSS hatchback - think of it as a five-door relative of our Sentra - in which a couple is seen hastily making their way to the hospital ahead of giving birth. But the ad you can watch now isn't the same ad that aired originally - in fact, Nissan had to re-edit the commercial twice before the Australian Advertising Standards Bureau (ASB) would accept it.
According to Go Auto, the original ad received complaints that it depicted unsafe and reckless driving, including speeding, following cars too closely and screeching to a halt upon arriving at the hospital. One of the complaints reportedly read: "The advertisement promotes driving behavior (rapid acceleration/deceleration/changes of direction) that is counter to sound medical advice regarding the carriage of heavily pregnant women in motor vehicles."
In the first edit, Nissan lowered the vehicle's engine noise, removed the woman's speech urging the man to drive faster ("Go, go, go!") and inserted a disclaimer that read "Filmed under controlled conditions," according to Go Auto, but all of that still wasn't enough to appease the ASB.

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.