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Carlos Ghosn changes to hotshot attorney and a new defense strategy

TOKYO — Carlos Ghosn's chief defense attorney Motonari Otsuru resigned and was replaced by a team that includes hotshot lawyer Junichiro Hironaka, in a change of strategy from the ousted Nissan Motor chairman three months after his arrest. Ghosn, Nissan's one-time savior, has been held in detention since his Nov. 19 arrest. He's been indicted and accused of under-reporting his salary and breach of trust. He has denied the charges. The once-feted auto executive hired Hiroshi Kawatsu as head of a new defense team, his office said on Wednesday. Hironaka, 73, has won several high profile cases, helping acquit senior lawmaker Ichiro Ozawa and senior bureaucrat Atsuko Muraki. Hiring Hironaka would mean a more aggressive legal strategy, said Nobuo Gohara, a former prosecutor. Otsuru previously led the special prosecutors' office that is now handling Ghosn's case. "Otsuru was miscast. He worked at the heart of the special prosecutors office so he was not someone who was going to go after them aggressively," Gohara said. "Hironaka is an experienced defense lawyer who has won a number of cases. He will mount a more thorough and aggressive defense." Otsuru's office confirmed his resignation in a statement, but gave no reason for the move. A second member of Ghosn's defense team, Masato Oshikubo, had quit, it said. Go Kondo, Ghosn's third defense lawyer, was unavailable for comment. Ghosn released a short statement thanking Otsuru for his team's "tireless and diligent work," and called him a "very capable and intelligent man and lawyer." The sudden change in attorneys comes ahead of the expected start of informal meetings with prosecutors and judges to discuss pretrial preparations, an indication that there will be no new charges against Ghosn. "As we begin the trial phase, I have decided to engage Hironaka-sensei as my legal counsel," Ghosn said, using an honorific suffix. "I look forward to defending myself vigorously, and this represents the beginning of the process of not only establishing my innocence but also shedding light on the circumstances that led to my unjust detention." Ghosn, 64, told the Nikkei newspaper last month that Nissan executives opposed to his plans for closer ties with automaking partner Renault SA had plotted to remove him. Ghosn was widely credited with rescuing Nissan from near-bankruptcy after he was brought over to Japan in 1999 by Renault after the French automaker bought a chunk of Nissan.

Ghosn shares 'truth about Autonomous Drive cars'

Drive our cars. No, wait, don't drive our cars. Nissan chief Carlos Ghosn is delivering a message about autonomous driving that's less mixed than it sounds on the surface. As part of his public dialogue from LinkedIn's "Influencer" series, Ghosn said in a company announcement that "hands-free" driving is part of the Japanese automaker's "near-term technology." In fact, cars that can self-drive in heavy, stop-and-go traffic, may be ready for the market by late 2016. That should please texters everywhere. 2018 may be the year cars with lane-changing, hazard-avoiding capabilities will see the light of day, while by 2020, Nissan may feature a "complete package" of autonomous-driving features, Ghosn writes. As for the proverbial driver-less car? That's at least a decade out but ultimately likely, according to Ghosn. Nissan said early last year that some autonomous versions of its vehicles may be available in the US by the end of the decade, and that it was in talks with California regulators about the idea of self-driving cars on the state's roads. Nissan has worked with institutions such as MIT, Stanford and Oxford at developing autonomous-drive concepts, and has tested self-driving versions of the Leaf electric vehicles in Japan. Check out excerpts of the Ghosn "interview" below. The truth about Autonomous Drive cars, by Carlos Ghosn The following is the latest from Carlos Ghosn's LinkedIn Influencer series. Read all of Mr. Ghosn's LinkedIn Influencer articles here. There has been a lot of talk in the media recently about "Autonomous Drive" technology and a potential future of driverless cars. No doubt, Autonomous Drive technology will change how we approach driving. I expect it to result a significant transformation in transportation. But all the talk has left many drivers a bit confused. After years of promoting "eyes on the road, hands on the wheel," the auto industry is now talking about reading your email or a book while you drive – and the prospect of maybe not even needing a driver. So it's a good time to address the questions that arise whenever this subject comes up: Q: What is Autonomous Drive? A: Autonomous Drive combines the technology of robotics, artificial intelligence, sensors and car-to-car connectivity. It is a range of technologies that will be added to our cars over the next several years.

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.