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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.

Nissan puts Le Mans prototype program under review

Nissan had a challenging time developing its GT-R LM Nismo, then it faced enormous challenges at Le Mans, the race it designed the car for, and now the race outfit is dealing with challenges in the boardroom. While the outfit gets ready for a test at the Circuit of the Americas, Sportscar365 reports that Nissan executives in Japan are deciding how to proceed with their LMP1 program. The meetings were presaged last month by CEO Carlos Ghosn, who said at last month's Formula E race in London that "we must assess the strategy. We wanted to be different and competitive, we have only been different." Both Ghosn's wording and that of the Sportscar365 piece make it seem that company bosses are wrangling over continuing with "the current specification" of the GT-R LM Nismo, not the entire two-year race program. If that's the case and the decision goes against, we could see a more traditional Nissan racer in La Sarthe next year. While it's easy for us to say this, we think that would be a shame. Le Mans is hard enough to win with a massive budget and a traditional race car - just ask Peugeot and Toyota, and remember that Porsche didn't go home covered in laurels its first year back, either. Given just how different Nissan's car is, a year in the deep weeds at the world's biggest and least forgiving endurance race against veteran competition isn't an outrageous outcome. And remember, persistent issues prevented the team from using the car's hybrid system, robbing the GT-R LM Nismo of half its horsepower and rear-wheel drive. That was never going to go well. Can the engineers get the GT-R LM Nismo to work properly? We don't know. But we'd like to see them get a proper chance to get it right. Related Video:

Nissan unveils ZEOD RC at Nismo HQ in Japan [w/videos]

At Le Mans this past summer, Nissan unveiled the first prototype for the ZEOD RC, a new hybrid racecar which it intends to field at the famous French endurance race next year. Four months have passed since then, totaling eight month of development, and now Nissan has revealed the final form at the headquarters of its Nismo racing division.
The updated Nissan ZEOD RC benefits from a more streamlined shape with optimized cooling and improved aerodynamics. Although billed as an electric vehicle and not a hybrid, the ZEOD RC pairs a 1.6-liter turbo four with a pair of electric motors. Its regenerative braking system is derived from the Leaf RC, and after 11 laps, it's said to be capable of taking another around the Circuit de la Sarthe under electric power alone, making it the first racecar capable of doing so. Nissan has further stated that it hopes the lessons it garners from this project will help in its development of a new LMP1 to challenge for overall victory at Le Mans in the near future.
The ZEOD RC will be on display at Fuji Speedway this weekend during the six-hour FIA World Endurance Championship race there, after which it will continue its development at the hands of former GT1 champion Michael Krumm and gamer-turned-racer Lucas Ordonez, who will be getting it ready for (and possibly drive it at) next year's 24 Hours of Le Mans. There it will compete - faster than most GTE sportscars, says Nissan - in the Garage 56 spot that once was awarded to the DeltaWing, which Nissan sponsored and to which the ZEOD RC looks conspicuously similar.