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Carlos Ghosn was on verge of release — so prosecutors file new allegation

TOKYO — Japanese prosecutors added a new allegation of breach of trust against Nissan's former chairman Carlos Ghosn on Friday, dashing his hopes for posting bail quickly. Ghosn and another former Nissan executive, Greg Kelly, were arrested Nov. 19 and charged with underreporting Ghosn's income by about 5 billion yen ($44 million) in 2011-2015. They also face the prospect of more charges of underreporting Ghosn's income for other years by nearly 10 billion ($80 million) in total. The breach of trust allegations were filed a day after a court rejected prosecutors' request for a longer detention of both men. The new allegation only applies to Ghosn, and Kelly could still be bailed out. A request for bail by Kelly's lawyer is pending court approval, according to the Tokyo District Court, but his release will have to wait until next week since the request was still in process after office hours Friday. Prosecutors in a statement Friday alleged that Ghosn in 2008 transferred a private investment loss worth more than 1.8 billion yen ($16 million) to Nissan by manipulating an unspecified "swap" contract. Ghosn also profited by having the company transfer a total of $14.7 million to another company to benefit himself and that company's owner, who helped in the contract manipulation, prosecutors said. Shin Kukimoto, deputy chief prosecutor at the Tokyo District Prosecutors Office, refuse to say if the two transactions were related or how Ghosn illegally profited. He also declined to identify the collaborator or whether the transactions were made overseas. Ghosn and Kelly are only charged with underreporting Ghosn's pay over five years, in violation of the Financial Instruments and Exchange Act. They have not been formally charged with an additional allegation of underreporting another 4 billion yen ($36 million) for 2016-2018, for which their first 10-day detention was to expire Thursday. Prosecutors have been criticized for separating the allegations as a tactic to detain Ghosn and Kelly longer. They say Ghosn and Kelly are flight risks. The maximum penalty for violating the financial act is up to 10 years in prison, a 10 million yen ($89,000) fine, or both. Breach of trust also carries a similar maximum penalty. The conviction rate in Japan is more than 99 percent for any crime. Ghosn was sent by Renault in 1999 to turn around Nissan, then on the verge of bankruptcy, and he led its rise to become the world's second-largest automaker.

Ex-Nissan chairman Carlos Ghosn indicted, may remain in jail for months

TOKYO — Nissan's ex-chairman Carlos Ghosn was charged Friday with breach of trust, according to the Tokyo District Court, making the star executive's release unlikely for months. Ghosn, arrested Nov. 19, was earlier charged with falsifying financial reports in underreporting his income by about 5 billion yen ($44 million) over five years through 2015. Ghosn; Greg Kelly, another Nissan executive; and Nissan as a legal entity also were charged Friday with additional underreporting of income, from 2015 through mid-2018. Ghosn's lawyer Motonari Ohtsuru said he would request that Ghosn be granted release on bail. His detention period for the breach of trust allegations was due to expire Friday. Kelly and Nissan were not charged with breach of trust. Those allegations center on Ghosn's handling of investment losses and payments made to a Saudi businessman. Ghosn, 64, says he's innocent. Suspects in Japan are routinely held for months until trials start, and Tokyo prosecutors maintain that Ghosn, a Brazilian-born Frenchman of Lebanese ancestry, is a flight risk. Earlier this week Ghosn told a Tokyo court he was innocent, in his first public appearance since his arrest, and appealed for his detention to end. But the court rejected that request. "I have a genuine love and appreciation for Nissan," Ghosn told the court. "In all of my efforts on behalf of the company, I have acted honorably, legally and with the knowledge and approval of the appropriate executives inside the company." He said the compensation was never decided on, the investment deal never resulted in any losses to Nissan, and the payments to the Saudi businessman were for legitimate services related to dealers and investments in the Gulf. Ghosn, who appeared much thinner than before his arrest, came down with a fever the day after his court appearance, but has since recovered, Ohtsuru, the lawyer, said. His wife Carole Ghosn issued a statement overnight out of Paris, expressing concern over his sickness. "I am pleading with the Japanese authorities to provide us with any information at all about my husband's health. We are fearful and very worried his recovery will be complicated while he continues to endure such harsh conditions and unfair treatment," she said. Apart from prosecutors, only embassy officials and Ghosn's lawyers are allowed to visit him. Such visits were canceled Thursday but resumed Friday.

Renault-Nissan-Mitsubishi adopts Android infotainment in coup for Google

PARIS — The Renault-Nissan-Mitsubishi carmaking alliance said on Tuesday it will adopt Alphabet's Google Android operating system, handing a victory to the U.S. tech giant as it pushes for a bigger share of the infotainment market. Renault, Nissan and Mitsubishi, with combined sales of 10.6 million vehicles last year, said future models will "integrate Google applications and services" including Maps and the voice-commanded Google Assistant. The move, first reported by the Wall Street Journal, leans more heavily on Big Tech than large or luxury rival carmakers have hitherto been willing to do. Many fear losing control of customer relationships, data and potentially significant future revenue from connected services. Some smaller manufacturers such as Volvo Cars have decided to embed Android Auto in their vehicles. But the scale of the shift by Renault-Nissan-Mitsubishi may cause a broader rethink of costly standalone tech strategies. "Major carmakers earlier were reluctant to do business with Google, but this has now changed," said Jauke de Jong, a research analyst at AFS Group in Amsterdam. "More carmakers could follow suit and partner with Google." Until now, carmakers have largely chosen Linux, Microsoft or QNX software to power infotainment. That yields clunkier platforms they can control, but which offer little scope to add new apps or functionality. Far more than just hooking up a phone The news may spell trouble for certain existing auto-tech suppliers such as mapping specialist TomTom, which counts Renault among its customers. Shares in the Dutch group fell by more than quarter after the announcement. In return for handing Google the infotainment keys, the alliance will bring the full clout of Android's thousands of apps to its brands' lineups — which include a strong contingent of affordably priced, no-frills models for emerging markets. The partnership promises "rich user experiences that are currently available only outside the vehicle or, to a limited extent, by connecting an Android device to supported vehicles," alliance development chief Hadi Zablit said. While many volume carmakers offer infotainment "mirroring" to pair with Apple iPhones or Android smartphones, premium rivals such as BMW and Daimler's Mercedes-Benz are investing heavily in their own operating systems, vocal assistants and connected services.