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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.

Automakers can, and do, use your private information however they want

The first paragraph of Mozilla’s *Privacy Not Included" buyerÂ’s guide about car privacy issues is worth repeating here: “Ah, the wind in your hair, the open road ahead, and not a care in the world Â… except all the trackers, cameras, microphones, and sensors capturing your every move. Ugh. Modern cars are a privacy nightmare.” “Ugh” may be an understatement. The crux of the matter is control: The nonprofit Mozilla Foundation has found that vehicle manufacturers have collected tons of “private” data from vehicle operators, thanks to the proliferation of sensors and cameras and smartphones connected in and to cars. In its report, Mozilla found that 25 car brands all failed the consumer privacy tests it carried out. Its research found that 84 percent of car companies review, share or sell data collected from car owners, and that the information was used for reasons unrelated to the operation of a vehicle or to a car brandÂ’s relationship with its owners. And beyond that, the report says that many companies — more than half — “say they can share your information with the government or law enforcement in response to a 'request.' Not a high bar court order, but something as easy as an 'informal request.'” Some other points made by the foundation: — Six car companies can collect intimate information, including a driverÂ’s medical information and genetic information. Plus info about how fast a person drives and the songs he listens to in the car. — Nissan earned its second-to-last spot (Tesla, not surprisingly, was worst) “for collecting some of the creepiest categories of data we have ever seen": In an apparent attack of full disclosure, Nissan said that it can share “inferences” drawn from the data to create profiles “reflecting the consumerÂ’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.” It also collects information about “sexual activity.” It's not clear how they can do that, but in their privacy notice they say they could. Not to be outdone, the report says, “Kia also mentions they can collect information about your 'sex life' in their privacy policy.” — Only two of the 25 brands reviewed, Renault and Dacia, stated that drivers had the right to delete their personal data. The brands are headquartered in Europe, where consumers are protected by General Data Protection Regulation privacy laws.

Sunday Drive: Big debuts from the Big Apple dominated the headlines

New York Auto Show week has come and gone, and, not surprisingly, the week's biggest bits of news came from the halls of the Jacob K. Javits Convention Center in NYC. Our favorite debut from New York was the Lincoln Aviator, a sharp-dresses crossover that looks lovely inside and out, and sits on underpinnings at least partly derived from the Ford Mustang. While the Aviator may have caught our attention, it wasn't the most popular vehicle debut from New York, at least when judging by the number of page views here on Autoblog. That distinction goes to the 2019 Toyota RAV4, and we're hardly surprised. The RAV4 is the most popular compact crossover in America (in fact it's the most popular vehicle that isn't a pickup truck), and the 2019 version looks like a radical departure from the model that came before. We can't wait to drive the thing. Midsize sedans may not be the darling of the family car set, that honor taken over by the aforementioned crossover, but they still sell in large enough numbers that a brand-new model catches our attention. Such is the case with the 2019 Nissan Altima. We broke down the specs of the Altima and compared Nissan's bread-and-butter sedan with its biggest rivals. And finally, we got some official figures for the 2019 Ford Mustang Bullitt. It'll cost a cool $12,000 over the cost of a Mustang GT, and will benefit from a 480-horsepower, 420-pound-foot version of Ford's excellent 5.0-liter V8 engine. As always, stay tuned this week for all the latest automotive news that's fit to print. 2018 New York Auto Show Mega Photo Gallery | Start spreading the news 2019 Toyota RAV4 actually looks pretty cool 2019 Nissan Altima vs Honda Accord vs Toyota Camry: How they compare 2019 Mustang Bullitt orders open as Ford reveals price and horsepower Image Credit: Drew Angerer/Getty New York Auto Show Ford Lincoln Nissan Toyota Coupe Crossover SUV Sedan 2018 new york auto show