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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.

Detroit 3 to implement delayed unified towing standards for 2015

Car buyers have a responsibility to be well-informed consumers. That's not always a very simple task, but some guidelines are self-evident. If you live in a very snowy climate, you generally know a Ford Mustang or Chevrolet Camaro might not be as viable a vehicle choice as an all-wheel drive Explorer or Traverse, for example. If you want a fuel-efficient car, it's generally a good idea to know the difference between a diesel and a hybrid. But what if it's kind of tough to be an informed consumer? What if the information you need is more difficult to come by, or worse, based on different standards for each vehicle? Well, in that case, you might be a truck shopper. For years, customers of light-duty pickups have had to suffer through different ratings of towing capacities for each brand. For 2015 model year trucks, though, that will no longer be a problem. According to Automotive News, General Motors, Ford and Chrysler Group have announced that starting with next year's models, a common standard will be used to measure towing capacity. The Detroit Three will join Toyota, which adopted the Society of Automotive Engineers' so-called SAE J2807 standards way back in 2011. The standard was originally supposed to be in place for MY2013, but concerns that it would lower the overall stated capacity for trucks led Detroit automakers to pass. Ford originally passed, claiming it'd wait until its new F-150 was launched to adopt the new standards, leading GM and Ram to follow suit. Nissan, meanwhile, has said it will adopt the new standards as its vehicles are updated, meaning the company's next-generation Titan should adhere to the same tow ratings as its competitors. While the adoption of SAE J2807 will be helpful for light-duty customers, those interested in bigger trucks will still be left with differing standards. There is no sign of the new tow standards being adopted for the heavy-duty market.

Nissan sues Ghosn's sister while Renault finds no irregularities in his pay

Nissan sued ousted chairman Carlos Ghosn's sister on Tuesday in a Rio de Janeiro court for "unjust enrichment," according to judicial records seen by Reuters. The suit is the latest twist to a bitter legal fight between Ghosn and Nissan over the contents of a beachfront apartment that the former executive used during his trips to Brazil. Brazilian-born Ghosn is accused of having underreported his income while leading the Japanese carmaker and diverting company funds for his personal use. He is being held in a prison in Japan and the carmaker says there might be evidence of his alleged crimes in the Rio apartment. Additional details regarding the unjust enrichment suit were not immediately available and it was unclear how long it might take to resolve the case. A representative for the Ghosn family did not have an immediate comment. The Japanese press had already reported that Ghosn's sister, Claudine Bichara de Oliveira, could be embroiled in the scandal. Yomuri, Japan's largest daily by circulation, reported in November citing unnamed sources that Nissan's internal investigation had found that Ghosn instructed the company since 2002 to pay some $100,000 a year to his elder sister. The compensation was supposed to be for a role as an adviser. The paper added that Bichara de Oliveira had in fact been living in and managing the Rio apartment that Nissan had bought for the use of Ghosn and that she had done no advisory work for the car maker. Meanwhile, Renault issued a preliminary report indicating that an audit launched in the wake of Chairman and CEO Carlos Ghosn's arrest in Japan had so far found no irregularities with his pay at the French carmaker. Ghosn was charged on Monday in Japan for failing to declare deferred income he had agreed to receive from Nissan, for the five years ending March 2015. There is speculation that Nissan itself may be indicted in Japan as part of the case against Ghosn. While Nissan fired Ghosn days after his Nov. 19 arrest, Renault has resisted pressure to replace him permanently. The Renault board also "noted that, at this stage, it does not have information concerning Carlos Ghosn's defense," the company said after its meeting, which had long been scheduled to discuss 2018-19 financial accounts. During the five-hour session, several directors led by Cherie Blair, wife of the British former prime minister Tony Blair, began to express impatience with that position, two people with knowledge of the matter said.