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Nissan ex-Chairman Carlos Ghosn wins release from jail

TOKYO — The Tokyo District Court approved the release of former Nissan Chairman Carlos Ghosn on bail of 1 billion yen ($8.9 million) on Tuesday, although the end of his four months of detention in Japan was delayed when prosecutors appealed that decision. Prosecutors filed their objection to Ghosn's release within hours of the announcement he was going to be granted bail. But their appeal was rejected by the court, paving the way for his release. A lawyer for Ghosn said he would not be able to leave the Tokyo Detention Center until Wednesday at the earliest, because bail procedures can't be done at night. The acceptance of Ghosn's request for bail, his third, came a day after the lawyer, Junichiro Hironaka, said he was confident the auto executive would gain his release. Hironaka, who recently joined Ghosn's defense team, is famous for winning acquittals in Japan, a nation where the conviction rate is 99 percent. Hironaka said Monday that he had offered new ways to monitor Ghosn after his release, such as camera surveillance. Hironaka also questioned the grounds for Ghosn's arrest, calling the case "very peculiar," and suggesting it could have been dealt with as an internal company matter. He welcomed the decision, telling reporters: "It was good we proposed concrete ways showing how he would not tamper with evidence or try to flee." The 1 billion yen bail set by the court was relatively high but not the highest ever in Japan. Among the conditions for Ghosn's release were restrictions on where he can live, a ban on foreign travel and other promises not to tamper with evidence or try to flee, the court said. The former head of the Renault-Nissan-Mitsubishi Motors alliance has been detained since he was arrested on Nov. 19. He says he is innocent of charges of falsifying financial information and of breach of trust. In Japan, suspects are routinely detained for months, often until their trials start. That's especially true of those who insist on their innocence. Prosecutors say suspects may tamper with evidence and shouldn't be released. Two previous requests submitted by his legal team were denied. His previous defense lawyer, Motonari Ohtsuru, had said Ghosn's release might not come for months. Hironaka is among many critics of the Japanese justice system who say such lengthy detentions of suspects are unfair.

Ghosn's legacy: one of the auto industry's most effective execs

"Bob Lutz ... estimated that carrying out the Nissan operation would be the equivalent, for Renault, of putting $5 billion in a container ship and sinking it in the middle of the ocean." So wrote Carlos Ghosn in "SHIFT: Inside Nissan's Historic Revival," which was published in the U.S. in late 2004. Two points about that observation: It is in keeping with Lutz's "Often wrong but never in doubt." It shows that Ghosn is a remarkable executive, given that he was able to take Nissan from the edge of financial oblivion to one of the foremost automotive companies (although with alliance partners Renault and, more recently, Mitsubishi). In 1999, Ghosn created what was named the "Nissan Revival Plan." It could have just as well been called the "Nissan Resuscitation Plan." Things were that bad. Now Ghosn is in the midst of legal trouble, accused of financial improprieties of some sort. There is no indication that this is at anything near the scale of what happened at Volkswagen Group. There's malfeasance. And then there's malfeasance. It is likely that this is going to be the end of Ghosn's career, but at age 64, and as a man who has spent nearly the past quarter-century essentially on airplanes, it is probably a good time to leave the stage. What his next act will be — to court or even prison — is an open question. But arguably, Ghosn's performance in the transformation of Nissan and Renault, which also needed some strong medicine to keep it from collapse in the early '00s (although one suspects that the French government would have done its damnedest to keep it propped up), makes him one of the all-time most-notable executives in the auto industry. Ghosn closed plants in both France and Japan and he worked to dismantle the Nissan keiretsu network of interlocked companies, things that were absolutely unthinkable. He established plans with stretch goals in their titles, like the "20 Billion Franc Cost-Reduction Plan," and worked with his people to achieve them, despite the pushback that seemed to come along with the announcement of the plan. As in, as he recalled in SHIFT, "Some people said, 'He's off the deep end. He's raving mad. Doesn't he know that at Renault you set the most conservative goals possible so you can be certain to reach them?' My answer to that sort of thinking was 'You're going to get what you ask for. If you set the bar too low, you'll be a low-level performance.

Chevy Volt outsells Nissan Leaf for first time since October 2013

It's been a rough summer so far for both the Chevy Volt and the Nissan Leaf, the first two plug-in vehicles from major automakers that ushered in the modern plug-in era. In June 2015, sales were down from their 2014 levels. The Leaf was down 11.6 percent and the Volt was down 31.1 percent. For July 2015, things didn't get much better. July 2015's Volt sales of 1,313 were down 35 percent from July 2014 and are down 34.8 percent for the year-to-date. Nissan, on the other hand moved only 1,174 Leafs last month, down 61.1 percent. So far this year, Leaf sales are down 30.2 percent. What's interesting with this steep decline in Leaf sales is that allowed the Volt to outsell the Leaf for the first time since October 2013. Back then, the Volt sold 2,022 compared to the Leaf's 2,002 units. So far, Nissan has sold 83,312 Leafs in the US since the EV went on sale in late 2010. Chevy has sold 80,292 Volts. Even though Tesla doesn't release monthly sales figures, there's a good chance that the pricey Model S was once again the best-selling EV in the US in July, as it was in the first three months of 2015. At that time, Tesla delivered an average of just under 2,000 Model S EVs a month. We might get some insight into more recent numbers during the quarterly investor call on Wednesday. As we've said before, the low sales for the aging plug-ins can be explained by the fact that both the Leaf and the Volt are due for upgrades. The second-gen Volt is coming in a few months. Nissan is being cagey about when the updated Leaf will arrive, but given these latest sales figures, we wouldn't be surprised if the undisclosed timetable gets move up somehow. Related Video: The video meant to be presented here is no longer available. Sorry for the inconvenience.