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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, Infiniti will each show a next-gen concept EV in Detroit

The chief designer for Nissan and Infiniti said Wednesday that both brands will debut concept electric vehicles at the 2019 North American International Auto Show in Detroit in January that will likely show off Nissan's next-generation electric drive systems and the evolution of the brands' EV design direction first hinted at with Infiniti's stunning Q Inspiration. Alfonso Albaisa, senior vice president of global design for Nissan, said the concepts will reflect a similar departure from standard vehicle proportions as the Q Inspiration. He would not say exactly what segment or segments the concepts would represent, but he dropped some hints at a couple possible powertrains for the concepts. Similar additional concepts will follow later in the year at the Tokyo Motor Show, he said. "The Q Inspiration kind of hinted at it and we avoided discussing too much about what's driving that car. Of course, we talked about VC-Turbo, which is also possible," he said in an interview with Autoblog. "But if you really look at the car, Q Insipiration shifted the cabin forward. It was the first one to break the [mold] of Infiniti. So how to still have this artistry and this sense of carrozzerie" (Italian for coachbuilding) "of Infiniti without kind of the stereotypical long hood and the cabin shifted back and the windshield has to go through the center of the front wheel, these golden rules." Infiniti debuted the Q Inspiration concept sedan in Detroit in January, with a swoopy, ghost-like design influenced by an archer shooting an arrow through the air, and innovative design features like an elongated cabin that expands interior space, a relative lack of chrome, and other features. It's powered by a compact variable compression turbocharged engine, which can change compression ratios on the fly to maximize efficiency and power, depending on the situation. But Albaisa said the two concepts for Detroit could feature Nissan's e-Power series hybrid technology, which has mostly featured in Japan, and which features small, isolated gasoline engines that exist only to charge the batteries, not drive the wheels. They will also feature a new generation of battery packs, which he calls a "magic carpet." "It's getting denser, it's getting thinner, the cars are able to get a little bit bigger, more space, we can really do much more," he said.

FCA scion John Elkann tries to pull off a Marchionne-sized merger

MILAN, Italy — When John Elkann lost his ally last year with the sudden death of Sergio Marchionne, some questioned whether the softly-spoken scion of the Agnelli clan would be able to emerge from his shadow to ensure Fiat Chrysler's future. But New York-born Elkann, who became Fiat chairman in 2010, acted decisively to fill the vacuum left by the larger-than-life Marchionne and get closer to the big merger deal the legendary executive was unable to deliver. At just 28, Elkann was thrust into the role of Fiat vice chairman after the deaths of his grandfather and great-uncle "because there was really nobody else" to take the wheel. For Elkann, who got his first taste of the car industry as an intern at a factory producing headlights in Birmingham, England, the first 18 months with responsibility for the family-owned carmaker and its long heritage were "terrible." But from that low point, Elkann, 43, is now trying to merge Fiat Chrysler (FCA) with French rival Renault to form the world's third largest carmaker and tackle new challenges facing the industry. Elkann will become chairman of the merged FCA-Renault if the deal goes ahead, ensuring the Agnelli dynasty plays a central role in the next chapter of automotive history. At an event in Milan on Monday, the usually-shy Elkann looked happy and confident. His first big break came with an instrumental role in persuading Marchionne, who was running one of the businesses owned by the Agnelli family, to become chief executive in 2004 and give Fiat "a new start," Elkann said in a "Masters of Scale" podcast last year. Fiat was at the time almost on the brink of collapse. This involved a "very long night ... and many grappas" but proved to be a turning point in the fortunes of the Italian company founded by Elkann's great-great-grandfather Giovanni Agnelli, which built its first car in 1899. In 2005, Elkann backed Marchionne in negotiating the breakup of an alliance Fiat had entered into with General Motors in 2000, receiving $2 billion from GM in return for canceling a deal that could have required GM to buy the remainder of Fiat Auto. Marchionne then used GM's money to fund a turnaround at Fiat, which involved taking the Italian carmaker into a transformation alliance and then full-blown merger with U.S. automaker Chrysler as Elkann agreed to the Agnellis loosening their grip.