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Feds say Americans' bid to avoid extradition in Ghosn escape is 'flawed'

BOSTON — U.S. prosecutors on Tuesday said a former Green Beret and his son, wanted by Japan for helping former Nissan boss Carlos Ghosn flee the country, were advancing a "flawed" interpretation of Japanese law to fight their extradition. Michael Taylor and his son, Peter Taylor, were arrested in Massachusetts last month at Japan's request for allegedly smuggling Ghosn out of the country on Dec. 29, 2019, in a box while he was out on bail awaiting trial on financial charges. Ghosn fled to Lebanon, his childhood home, after being charged with engaging in financial wrongdoing, including by understating his compensation in Nissan's financial statements. He denies wrongdoing. Lawyers for the Taylors in a motion last week asked a federal judge in Boston to quash the provisional warrants issued in May for their arrests, arguing that "bail jumping" is not a crime in Japan. Defense lawyers argued that helping someone jump bail was also not a crime. While Japan issued arrest warrants for the Taylors in January, the lawyers said the crime stated in the warrants is an immigration offense and a non-extraditable misdemeanor. But U.S. prosecutors in a brief filed on Tuesday said it would be "unprecedented" for the extradition case at this junction to be tossed based on a "flawed interpretation of Japanese law and a mischaracterization of the facts." While Japan has not yet formally sought their extradition, the country has confirmed that Taylors' conduct constitutes a felony, U.S. prosecutors said. "The purported loophole through which the Taylors seek to evade justice simply does not exist," U.S. prosecutors wrote. Prosecutors added that neither Taylor, including Michael, a U.S. Army Special Forces veteran and private security specialist, should be released from jail as they are flight risks. Abbe Lowell, the Taylors' lawyer, said he was reviewing the filing. Related Video: Government/Legal Mitsubishi Nissan Renault Carlos Ghosn

NHTSA investigating Bosch Power Xpress 240V EV chargers for fire risk

*UPDATED with Bosch's comment. Let's stamp out the flames of suspicion right up front. A new National Highway Traffic Safety Administration (NHTSA) investigation, while involving a 2013 Nissan Leaf and some smoke, is not about another EV fire. Not directly, anyway. "Nissan has determined by pictures that the car was not to blame for the incident" – NHTSA complaint This time, the subject of the NHTSA's lens is the Bosch Power Xpress 240V charging unit. NHTSA wants to know if an overheating charging cord caused smoke (NHTSA says there was no actual fire) in a Leaf owner's garage last fall. NHTSA says it will investigate, "to evaluate the scope, frequency, and consequence of the alleged defect." Up to 50 of the charging units could be involved, and NHTSA decided to act based on a single customer complaint that was filed in August 2013. The investigation opened April 15, so it will likely be a while before we know any more concrete details. For now, you can read the official details of the investigation and the original complaint - which says, "Nissan has determined by pictures that the car was not to blame for the incident. They are blaming the charging station for the failure. They have denied any warranty coverage. The burden of the bill has been placed with the customer" – below. Nissan's senior manager of corporate communications, Brian Brockman, sent AutoblogGreen a statement that says Nissan will work with NHTSA and Bosch and points out that, "This inquiry is focused on the electric vehicle charger and is directed at the charger supplier, Bosch." Requests for comment from Bosch were not returned, but we will update this post when we hear back. Bosch spokesperson Cheryl Kilborn told AutoblogGreen that, "Bosch is reviewing the filing and will work cooperatively with NHTSA as we seek to identify the root cause." INVESTIGATION Subject : Bosch EV charging cord overheating Date Investigation Opened: APR 15, 2014 Date Investigation Closed: Open NHTSA Action Number: PE14011 Component(s): ELECTRICAL SYSTEM All Products Associated with this Investigation close Equipment Brand NamePart No.

Ghosn flight prompts renewed focus on Japan's strict justice system

TOKYO — Carlos Ghosn's daring flight from Japan, where he was awaiting trial on charges of financial wrongdoing, has revived global criticism of the nation's "hostage justice," but in Japan is prompting talk of reversing more lenient curbs on defendants. The ousted boss of Japan's Nissan and France's Renault fled to Lebanon, saying on Tuesday that he had "escaped injustice" and would "no longer be held hostage by a rigged Japanese justice system." Ghosn was first arrested in November 2018 when his private jet landed in Tokyo and kept in jail for more than 100 days as prosecutors added more charges, all of which he has denied. He was released on $9 million bail in March — only to be arrested and bailed again the following month. He was facing four charges, including underreporting his Nissan salary and transferring personal financial losses to his employer's books while he ran Japan's No. 2 automaker. His apparent escape from Japan's legal system — Tokyo and Lebanon don't have an extradition treaty — will likely halt or even reverse a trend of recent years toward granting bail in more cases, said Colin Jones, a law professor at Doshisha Law School in Kyoto. “I would expect it to be more difficult for foreign defendants to get bail,” Jones said. In Japan, suspects who deny the charges against them are often detained for long periods and subject to intense questioning without a lawyer present, a system critics call "hostage justice." Japanese civil rights groups and the main bar lawyers association have long criticized a system that convicts 99.9% of criminal defendants. They say it gives too much power to prosecutors, who can detain suspects for long periods before indictment, and relies too much on confessions, some later found to have been forced and false. Ghosn's escape is clearly a shock to Japan's legal establishment. "This case raises the extremely serious issue of whether it's all right to continue the trend toward bail leniency," said former prosecutor Yasuyuki Takai. "The legal profession and lawmakers need to quickly consider new legal measures or a system to prevent such escapes," Takai, who was formerly with the special investigation unit of the prosecutor's office, told public broadcaster NHK.