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Arrest warrant for Ghosn's wife a 'pathetic' move by Japan, spokeswoman says

BEIRUT — A decision by Japanese prosecutors to issue an arrest warrant for Carlos Ghosn's wife shortly before the fugitive car boss was due to speak publicly about his case was "pathetic," a spokeswoman for Ghosn told Reuters on Tuesday. The ousted Nissan Motor and Renault chairman fled to Lebanon, his childhood home, in late December from Japan, where he faced trial for alleged financial misconduct. Ghosn is expected to speak on Wednesday at a news conference in Beirut and detail some of the claims he has made against Nissan since his arrest in November 2018. He has alleged there was a Japanese government-backed coup to oust him. It's his first such appearance since his arrest in November 2018. "Last time Carlos Ghosn announced a press conference and got re-arrested. This time, the day before he is announced to speak out freely for the first time, they issued an arrest warrant for his wife Carole Ghosn," the spokeswoman said. Japanese prosecutors issued the warrant for Ghosn's wife Carole for perjury, Japanese media reported. The spokeswoman said Carole Ghosn voluntarily went back to Japan nine months ago to answer prosecutors' questions and was free to go without any charges. "The issuance of this warrant is pathetic," she said. Japan is looking for a way to extradite Ghosn, but Lebanon and Japan have no extradition agreement and Lebanon does not normally extradite its own citizens. The perjury arrest warrant accuses Carole Ghosn of falsely claiming not to know, or to have met, people connected to a company that received payments from Nissan Motor, part of which it subsequently transferred to a firm owned by Ghosn. Separately, a senior Ministry of Justice official said staff were poring over Lebanese laws to find a way to return Ghosn and that Japan "will do whatever it can" to have him face trial.   Naming names at Nissan Ghosn is expected to detail some of the claims he has made against Nissan since his arrest. Citing an interview with Ghosn, Fox Business reported that he said he has "actual evidence" and documents to show there was a Japanese government-backed coup to "take him out." He plans to identify those he believes responsible, the broadcaster said.

Ghosn flight prompts renewed focus on Japan's strict justice system

TOKYO — Carlos Ghosn's daring flight from Japan, where he was awaiting trial on charges of financial wrongdoing, has revived global criticism of the nation's "hostage justice," but in Japan is prompting talk of reversing more lenient curbs on defendants. The ousted boss of Japan's Nissan and France's Renault fled to Lebanon, saying on Tuesday that he had "escaped injustice" and would "no longer be held hostage by a rigged Japanese justice system." Ghosn was first arrested in November 2018 when his private jet landed in Tokyo and kept in jail for more than 100 days as prosecutors added more charges, all of which he has denied. He was released on $9 million bail in March — only to be arrested and bailed again the following month. He was facing four charges, including underreporting his Nissan salary and transferring personal financial losses to his employer's books while he ran Japan's No. 2 automaker. His apparent escape from Japan's legal system — Tokyo and Lebanon don't have an extradition treaty — will likely halt or even reverse a trend of recent years toward granting bail in more cases, said Colin Jones, a law professor at Doshisha Law School in Kyoto. “I would expect it to be more difficult for foreign defendants to get bail,” Jones said. In Japan, suspects who deny the charges against them are often detained for long periods and subject to intense questioning without a lawyer present, a system critics call "hostage justice." Japanese civil rights groups and the main bar lawyers association have long criticized a system that convicts 99.9% of criminal defendants. They say it gives too much power to prosecutors, who can detain suspects for long periods before indictment, and relies too much on confessions, some later found to have been forced and false. Ghosn's escape is clearly a shock to Japan's legal establishment. "This case raises the extremely serious issue of whether it's all right to continue the trend toward bail leniency," said former prosecutor Yasuyuki Takai. "The legal profession and lawmakers need to quickly consider new legal measures or a system to prevent such escapes," Takai, who was formerly with the special investigation unit of the prosecutor's office, told public broadcaster NHK.

Ghosn's legacy: one of the auto industry's most effective execs

"Bob Lutz ... estimated that carrying out the Nissan operation would be the equivalent, for Renault, of putting $5 billion in a container ship and sinking it in the middle of the ocean." So wrote Carlos Ghosn in "SHIFT: Inside Nissan's Historic Revival," which was published in the U.S. in late 2004. Two points about that observation: It is in keeping with Lutz's "Often wrong but never in doubt." It shows that Ghosn is a remarkable executive, given that he was able to take Nissan from the edge of financial oblivion to one of the foremost automotive companies (although with alliance partners Renault and, more recently, Mitsubishi). In 1999, Ghosn created what was named the "Nissan Revival Plan." It could have just as well been called the "Nissan Resuscitation Plan." Things were that bad. Now Ghosn is in the midst of legal trouble, accused of financial improprieties of some sort. There is no indication that this is at anything near the scale of what happened at Volkswagen Group. There's malfeasance. And then there's malfeasance. It is likely that this is going to be the end of Ghosn's career, but at age 64, and as a man who has spent nearly the past quarter-century essentially on airplanes, it is probably a good time to leave the stage. What his next act will be — to court or even prison — is an open question. But arguably, Ghosn's performance in the transformation of Nissan and Renault, which also needed some strong medicine to keep it from collapse in the early '00s (although one suspects that the French government would have done its damnedest to keep it propped up), makes him one of the all-time most-notable executives in the auto industry. Ghosn closed plants in both France and Japan and he worked to dismantle the Nissan keiretsu network of interlocked companies, things that were absolutely unthinkable. He established plans with stretch goals in their titles, like the "20 Billion Franc Cost-Reduction Plan," and worked with his people to achieve them, despite the pushback that seemed to come along with the announcement of the plan. As in, as he recalled in SHIFT, "Some people said, 'He's off the deep end. He's raving mad. Doesn't he know that at Renault you set the most conservative goals possible so you can be certain to reach them?' My answer to that sort of thinking was 'You're going to get what you ask for. If you set the bar too low, you'll be a low-level performance.