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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.

Ousted Renault-Nissan boss Carlos Ghosn leaves Japan for Lebanon

BEIRUT/TOKYO — Ousted Nissan boss Carlos Ghosn was in his childhood home of Lebanon on Tuesday after fleeing what he said was a “rigged” justice system in Japan, raising questions about how one of the worldÂ’s most-recognized executives slipped away while on bail. GhosnÂ’s abrupt departure marks the latest dramatic twist in a year-old saga that has shaken the global auto industry, jeopardised the alliance of Nissan Motor Co Ltd and top shareholder Renault SA and cast a harsh light on JapanÂ’s judicial system. “I am now in Lebanon and will no longer be held hostage by a rigged Japanese justice system where guilt is presumed, discrimination is rampant, and basic human rights are denied,” Ghosn, 65, said in a brief statement on Tuesday. “I have not fled justice - I have escaped injustice and political persecution. I can now finally communicate freely with the media, and look forward to starting next week.” Tokyo officials have previously said the system is not inhumane and that Ghosn, who is facing trial on financial misconduct charges he denies, has been treated like any other suspect. It was unclear how Ghosn, who holds French, Brazilian and Lebanese citizenship, was able to orchestrate his departure from Japan, given that he had been under strict surveillance by authorities while out on bail and had surrendered his passports. According to a senior Lebanese foreign ministry source, Ghosn entered Lebanon legally on a French passport and using his Lebanese ID with normal security procedures. Asked if Ghosn used a French passport, the French foreign ministry press service said it had no immediate comment. Ghosn arrived in Beirut on a private jet from Istanbul on Monday, people familiar with the matter told Reuters. Immigration authorities had no record of Ghosn leaving the country, Japanese public broadcaster NHK said. A person resembling him entered Beirut international airport under a different name, NHK reported, citing an unidentified Lebanese security official. His lawyers were still in possession of his three passports, one of his lawyers, Junichiro Hironaka, told reporters. Hironaka, in comments broadcast live on NHK, said the first he had heard of GhosnÂ’s departure was on the news this morning and that he was surprised. He also said it was “inexcusable behaviour”. Japan has extradition treaties with only the United States and South Korea, according to the justice ministry, meaning it could be difficult to force Ghosn to return to stand trial.

Ghosn orders Nissan USA to double sales by 2017

Nissan CEO Carlos Ghosn has just one teensy-weensy request for its United States arm: Double your sales by 2017.
"China was not our biggest, I would say, disappointment. It was mainly the United States. We were expecting a strong year in the United States. It didn't happen," Ghosn said, speaking at a conference after announcing Nissan's 2012 fiscal results, Automotive News reports. Because of this, Ghosn has ordered his US executives to iron out the problems that affected new vehicle launches and to strengthen the company's dealer network.
In 2012, Nissan's US sales rose to 1.1 million units - a five-percent increase, and a record, at that. But the company's overall market share fell from 8.2 percent to 7.7 percent, putting the company further away from its goal of having a 10-percent stake overall.