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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 Rogue Detour uses Google Maps to go create virtual test drive from your doorstep

The best way to evaluate a new car before you buy it is to test drive it. All of the specs and reviews in the world cannot communicate how a car suits you as well as a few minutes behind the wheel. Interesting, then, that according to Nissan, the average buyer spends twice as much time researching new cars online than they do at dealers. To market its new 2014 Rogue, Nissan has launched an online marketing experience aimed at bridging that gap. Called The Detour, it combines Google Street View and Google Maps to give you a custom-tailored virtual test drive. The neat, uniquely interactive part about Detour is that it allows you to specify a starting and ending location. Thus, you can use the microsite to 'show' the Rogue on your commute, or your favorite stretch of tarmac. To spice things up, Nissan has added some digital effects and set the experience to a song by British rapper M.I.A. Detour seems to work better on shorter journeys, because it snips out some portions of the route in order to keep the experience from running too long. If you're going to try it out, we suggest using a crosstown journey rather than going cross country. Scroll down to get all of the details on the Rogue's latest marketing campaign, or click here to try it out for yourself. Nissan Takes 2014 Rogue Shoppers on Cinematic "Detour" with New Google Maps-Based Virtual Test Drive Feb. 4, 2014 – New Online Campaign Shows How Nissan Rogue Makes Every Drive More Exciting – NASHVILLE – Nissan today launched "The Detour," an exciting virtual driving adventure in support of the ongoing rollout of the all-new 2014 Nissan Rogue compact SUV. Available now at nissanusa.com/the-detour, The Detour utilizes Google® Street View, Google® Maps and Google® Satellite API – along with Hollywood-style digital effects and a soundtrack from recording artist M.I.A. – to create a custom test drive experience starting from anywhere around the world. "Recent studies show that new car buyers today spend nearly twice as much time researching their purchases online than at dealerships – more clicking than kicking the tires, so to speak. So why not bring the two together with an informative and enjoyable test drive in buyers' own neighborhoods?" said Jon Brancheau, vice president, Nissan Marketing Communications & Media, Nissan North America, Inc.

Carlos Ghosn to make first public appearance in seven weeks on Tuesday

Ousted Nissan chairman Carlos Ghosn is set to make his first public appearance in seven weeks at a Tokyo court on Tuesday after he requested an open hearing to hear the reason for his continued detention. Ghosn has been held in a detention center since his Nov. 19 arrest on allegations of financial misconduct, which was followed by re-arrests over further allegations. The hearing will take place at 10:30 local time (0130 GMT) on Jan. 8, the Tokyo District Court said on Friday. The reason behind the timing of Ghosn's request was not clear. Earlier this week, the court approved an extension to Ghosn's detention until Jan. 11, after re-arrest by prosecutors who accuse him of aggravated breach of trust in transferring personal investment losses to Nissan. Those allegations center on the use of company funds to pay a Saudi businessman who is believed to have helped him out of financial difficulties, sources said last week. According to an article from The New York Times, Ghosn and his family assert that he is innocent. In remarks Ghosn made while under detention in Japan, he is reported to have said through his lawyer, "I want to have my position heard and restore my honor in court." Former Nissan executive Greg Kelly, who has been charged with conspiring to under-report Ghosn's income, has been released on bail after the court ruled against extending his detention while he awaits trial. Ghosn's arrest was followed by his removal from roles at Nissan and Mitsubishi. The case has rocked the auto industry and strained Nissan's ties with French partner Renault where Ghosn still remains chairman and chief executive. Renault has launched a search for an interim chief to fill Ghosn's roll at the French company as he deals with these legal cases in Japan. The arrest has also put some of the practices of Japan's criminal justice system under international scrutiny, including keeping suspects in detention for long periods and prohibiting defense lawyers from being present during interrogations. (Reuters contributed to this report.)Related Video: