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What to expect from the Japanese trial of Nissan and Greg Kelly

TOKYO — The criminal trial against Japanese automaker Nissan and its former executive Greg Kelly will open in Tokyo District Court on Tuesday. ItÂ’s the latest chapter in the unfolding scandal of Carlos Ghosn, a superstar at Nissan until he and Kelly were arrested in late 2018. Five questions and answers about the trial: Q: WHAT ARE THE ALLEGATIONS? A: The charges center around KellyÂ’s role in alleged under-reporting of GhosnÂ’s future compensation by about 9 billion yen ($85 million), a violation of financial laws. Kelly says he is innocent. Nissan, which is also similarly charged, has already acknowledged guilt, made corrections to the compensation documents submitted to the authorities, and has started paying a 2.4 billion yen ($22.6 million) fine. Q: WHAT HAPPENS TO GHOSN? A: Probably nothing. He skipped bail late last year and is now in Lebanon, which has no extradition treaty with Japan. Two Americans, Michael Taylor and his son Peter Taylor are being held in Massachusetts without bail, suspected of having helped Ghosn escape by hiding in a box on a private jet. A U.S. judge recently approved their extradition to Japan. The case is now before the U.S. State Department. Q: HOW DO CRIMINAL TRIALS PROCEED IN JAPAN? A: The trial, before a panel of three judges, is expected to take about a year. There is no jury. Juries are selected only for extremely serious cases in Japan, such as murder. In principle, there are no plea bargains although backroom deals are made all the time. Closed pre-trial sessions are held ahead of the trialÂ’s opening, often for months before the real trial begins. Japan's legal system has come under fire from both within and outside the country as “hostage justice” because suspects often are held for months and interrogated without a lawyer present, often leading to false confessions, according to critics. Q: WHAT ARE KELLYÂ’S CHANCES? A: More than 99% of criminal trials in Japan result in a conviction. Japanese Justice Minister Masako Mori, in an online presentation in English hosted by the Japanese Embassy in the U.S., argued the conviction rate is so high because Japan prosecutes only about a third of the cases that come up, choosing only those that “result in guilty verdicts.” She insisted there is a “presumption of innocence.” She declined comment on KellyÂ’s case.

Carlos Ghosn launches initiative to help his native Lebanon

BEIRUT — Former Nissan Motor Co. Chairman Carlos Ghosn made a new public appearance in Lebanon Tuesday during which he launched an initiative with a local university to help the country that is undergoing a severe economic and financial crisis. It is GhosnÂ’s second appearance in public since he was smuggled from Japan in late December to his ancestral Lebanon. In early January, Ghosn gave a news conference in Beirut saying he fled because he could not expect a fair trial, was subjected to unfair conditions in detention and was barred from meeting his wife under his bail conditions. Ghosn declined to elaborate about the details of his arrival in Lebanon, saying it happened in “dramatic circumstances” and also refused to answer questions regarding two Americans who allegedly helped him flee Japan to Lebanon through Turkey. He also refused to talk about former Nissan executive Greg Kelly, who is standing trial in Japan. Ghosn said that the initiative with the Maronite Christian Holy Spirit University of Kaslik, USEK, titled "Moving Forward," aims to launch a top executive management program, a training center on new technologies and to support startups. “The objective is obviously serving this institution ... but also serving the country and the society,” Ghosn said in an opening speech. “If there is one specific thing that Lebanon needs it is create jobs.” “When we are developing top management, we are developing people strong enough to carry companies through this difficult time, to grow a company and to create jobs,” Ghosn said. Lebanon is mired in the countryÂ’s worst economic and financial crisis in its modern history. It defaulted on paying back its debt for the first time ever in March, and the local currency has collapsed, leading to hyperinflation and soaring poverty and unemployment. Talks with the International Monetary Fund on a bailout package have stalled. The economic and political crisis deepened after an Aug. 4, blast in Beirut that killed and wounded many and caused damage worth billions of dollars. Many Lebanese consider Ghosn as one of the countryÂ’s heroes in the diaspora who succeeded in turning troubled car companies in France and Japan into profit making ventures. Some have suggested that Ghosn should be given a governmental post in Lebanon to get the country that is notorious for corruption and mismanagement out of its troubles.

Feds say Americans' bid to avoid extradition in Ghosn escape is 'flawed'

BOSTON — U.S. prosecutors on Tuesday said a former Green Beret and his son, wanted by Japan for helping former Nissan boss Carlos Ghosn flee the country, were advancing a "flawed" interpretation of Japanese law to fight their extradition. Michael Taylor and his son, Peter Taylor, were arrested in Massachusetts last month at Japan's request for allegedly smuggling Ghosn out of the country on Dec. 29, 2019, in a box while he was out on bail awaiting trial on financial charges. Ghosn fled to Lebanon, his childhood home, after being charged with engaging in financial wrongdoing, including by understating his compensation in Nissan's financial statements. He denies wrongdoing. Lawyers for the Taylors in a motion last week asked a federal judge in Boston to quash the provisional warrants issued in May for their arrests, arguing that "bail jumping" is not a crime in Japan. Defense lawyers argued that helping someone jump bail was also not a crime. While Japan issued arrest warrants for the Taylors in January, the lawyers said the crime stated in the warrants is an immigration offense and a non-extraditable misdemeanor. But U.S. prosecutors in a brief filed on Tuesday said it would be "unprecedented" for the extradition case at this junction to be tossed based on a "flawed interpretation of Japanese law and a mischaracterization of the facts." While Japan has not yet formally sought their extradition, the country has confirmed that Taylors' conduct constitutes a felony, U.S. prosecutors said. "The purported loophole through which the Taylors seek to evade justice simply does not exist," U.S. prosecutors wrote. Prosecutors added that neither Taylor, including Michael, a U.S. Army Special Forces veteran and private security specialist, should be released from jail as they are flight risks. Abbe Lowell, the Taylors' lawyer, said he was reviewing the filing. Related Video: Government/Legal Mitsubishi Nissan Renault Carlos Ghosn