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Nissan itself will be indicted alongside Ghosn, report says

Prosecutors in Tokyo are expected to file charges against Nissan itself alongside an expected indictment against former Chairman Carlos Ghosn as part of the ongoing financial misconduct case. That's according to a report from Japan's Nikkei business daily, which does not identify its sources. Charges are also likely against Greg Kelly, a member of Nissan's board of directors who was taken into custody with Ghosn Nov. 19 after Japanese authorities questioned the former chairman aboard a corporate jet at the Tokyo Haneda airport. Monday is the deadline when prosecutors must either indict the two executives, release them or arrest them on new allegations. Both men are accused of under-reporting salaries in five annual reports that stretch through the fiscal year that ended in March 2015. The Nikkei says they'll also be arrested on new allegations of misstating financial information for the subsequent three business years. Nissan would be charged for not preventing the alleged crime. Both men have reportedly denied the allegations. In response to the Nikkei report, a spokesman for Nissan told Automotive News the company had "identified serious misconduct related to the reporting of Mr. Ghosn's compensation" and was cooperating with investors. The turmoil over Ghosn prompted the automaker to scrap plans to unveil a long-awaited longer-range Leaf electric car at the L.A. Auto Show last week. Ghosn is accused of conspiring to understate his income by about half the 10 billion yen (about $88 million) over the period. Reports say the issue relates to deferred compensation that Nissan CEO Hiroto Saikawa reportedly signed off on but may not have understood. The company didn't report the deferred compensation in Japanese securities filings as it is required, since the money is considered a future liability against the company. Automotive News cites an unnamed source who says Nissan has identified some $80 million in unreported deferred compensation promised to Ghosn. Nissan's board voted Nov. 22 to oust him as chairman, and Mitsubishi followed suit days later. Ghosn remains the CEO and chairman of Renault, however. Under Ghosn's guidance, Nissan and Renault joined forces in 1999 when Nissan was teetering toward bankruptcy. Mitsubishi joined on in 2016, with all three members able to jointly develop products and control costs. He had reportedly been pushing for deeper ties, including a possible merger between Nissan and Renault at the urging of the French government.

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.

Japan sends official to Lebanon over fugitive Carlos Ghosn

BEIRUT — Japan's deputy justice minister met top officials in Lebanon on Monday over the case of NissanÂ’s fugitive ex-boss, Carlos Ghosn, who fled to his home country late last year while on bail in Japan and awaiting trial. Ghosn was arrested in late 2018 and is facing charges of under-reporting income and breach of trust. He says he is innocent. He led Nissan for nearly 20 years. State Minister of Justice Hiroyuki Yoshiie (pictured above with Lebanese Justice Minister Marie Claude Najm) met President Michel Aoun as well as the Lebanese minister of foreign affairs. Yoshiie did not speak to reporters after the meetings and is scheduled to hold a news conference later in the day. Aoun's office said in a tweet after the meeting that they discussed mutual relations and ways of developing them "in addition to matters that are of interest for both countries." The tweet did not mention Ghosn, who made his first public appearance in Lebanon in early January saying he fled a “nightmare” that would not end and vowed to defend his name wherever he can get a fair trial. On Friday, Japan's Justice Minister Masako Mori said she was dispatching the official to Beirut to explain the Japanese justice system and improve cooperation. She said Japan hoped Lebanon would gain “a proper understanding of the Japanese criminal justice system.” Japan and Lebanon do not have an extradition treaty, and it's unlikely Lebanon would agree to send Ghosn, considered a Lebanese national hero, back to Japan to face trial. Mori acknowledged that there were “various environments” and laws that underpin each country's stance. Nissan, maker of the Leaf electric car and Z sports car, said in a statement regarding the justice officialÂ’s trip that it hoped Ghosn would return to Japan to stand trial, “so that all the facts can be properly established under JapanÂ’s judicial system.” Having spent months in detention and struggling to gain his release on bail under stringent conditions, Ghosn said he fled in the belief he could not get a fair trial in Japan. Japan has requested GhosnÂ’s return through Interpol and issued an arrest warrant after his escape. Lebanese prosecutors issued a travel ban for Ghosn in January and asked him to hand in his French passport following the Interpol-issued notice against him. NissanÂ’s sales have plunged recently, and it sank into losses for the last fiscal quarter. The brand is widely considered to have been tarnished by the controversy around Ghosn.