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Ghosn out at Nissan, still in at Renault, still in jail in Tokyo and facing more charges

When the corporate jet carrying Renault- Nissan- Mitsubishi CEO Carlos Ghosn landed at Tokyo Haneda airport on November 19, Japanese authorities had already taken position on the tarmac, waiting for him. Police and authorities representing Tokyo prosecutor's office boarded the plane to query Ghosn about financial improprieties, and ended up taking Nissan's chairman and CEO into custody. A few days later, on November 22, Nissan's board voted to remove Ghosn from both positions for what it classified as "significant acts of misconduct." The charges include understating his income in filings to the Tokyo Stock Exchange by at least $44 million, and misusing company funds. Japanese police arrested Greg Kelly as well, the high-ranking Nissan exec said to have assisted Ghosn in the subterfuge. Ghosn and Kelly remain on Nissan's board until a shareholder vote is held to decide those positions. Kelly was Nissan's first American director, and the carmaker's former head of human resources. In France, Renault's board voted to keep Ghosn in his positions, and has requested details from Nissan about the alleged improprieties. The board put Thierry Bollore in the role of deputy CEO with all of Ghosn's powers while Ghosn is "incapacitated," and lead independent director Philippe Lagayette will act as temporary chairman. Nissan has since told Renault that it is investigating financial malfeasance at RNBV, the Amsterdam-based joint-venture company that oversees the alliance. Mitsubishi has watched from afar, only saying it will perform its own investigation, and could remove Ghosn. Tokyo police can hold a suspect for 72 hours for initial questioning without charges. With the deadline looming, Tokyo prosecutors asked the court for, and were granted, a ten-day extension. If they choose, prosecutors can request another ten-day extension. Within 23 days, however, prosecutors either need to charge Ghosn and Kelly, or release them. There are several charges that acquire more details by the day. The most serious accusation is that Ghosn understated his pay from 2011 to 2015 by half, claiming roughly $44 million in remuneration when he actually received around $88 million. Over the weekend, it came out that Japanese prosecutors could be working on new charges of Ghosn under-reporting his salary since 2015 by $27 million. A Japanese newspaper said Ghosn told Kelly in an email to lie on the financial statements.

Carlos Ghosn video: 'This is about conspiracy. This is about backstabbing'

TOKYO — Nissan's former Chairman Carlos Ghosn maintained his innocence in a video released by his legal team Tuesday and accused some executives at the Japanese automaker of a "conspiracy" that led to his arrest on financial misconduct allegations. "The first message is that I'm innocent," said Ghosn, wearing a white shirt and dark jacket and speaking calmly in the nearly 10-minute video shown at the Foreign Correspondents' Club in Tokyo. "This is a conspiracy," he said. "This is not about specific events, this is not about, again, greed, this is not about dictatorship. This is about a plot. This is about conspiracy. This is about backstabbing." His lawyer Junichiro Hironaka said the video was prepared in case Ghosn was not able to speak at a news conference planned for Thursday. Ghosn was arrested last week while out on bail and remains at the Tokyo Detention Center. Ghosn said the executives behind the conspiracy were motivated by what he called "selfish fears," including what they saw as a merger with French alliance partner Renault SA. They mistook his leadership for greed and dictatorship, when he was the biggest defender of Nissan's autonomy, Ghosn said. He also said he was worried about Nissan, wondering whether those executives were really watching out for the company. Hironaka said a section of the video in which Ghosn mentioned names was removed on his legal advice. Nissan Motor Co., while declining to comment on the criminal case, has said an internal investigation has found that Ghosn falsified financial documents to under-report compensation, and that he used Nissan money for personal gain. "Nissan's internal investigation has uncovered substantial evidence of blatantly unethical conduct," company spokesman Nicholas Maxfield said when asked for comment on Ghosn's video. "The company's focus remains on addressing weaknesses in governance that enabled this misconduct." Ghosn's fourth arrest was on a fresh breach of trust allegation based on suspicion that payments from a Nissan subsidiary to an Oman dealership were diverted to a company effectively run by Ghosn. On Monday, Nissan Motor Co. shareholders voted to oust Ghosn from its board and to approve the appointment of French alliance partner Renault SA's Chairman Jean-Dominique Senard as Ghosn's replacement. Renault owns 43 percent of Nissan.

Nissan and Renault shelve merger plans, will repair their alliance

Renault and Nissan have shelved plans to push towards the full merger former leader Carlos Ghosn craved and will instead fix their troubled alliance to try to recover from the coronavirus pandemic, five senior sources told Reuters. Nissan has long resisted Renault's proposals for a full-blown merger as executives felt the French carmaker was not paying its fair share for the engineering work it did in Japan, sowing discord that some feared could wreck the partnership. Now, with carmakers around the world reeling from the pandemic, the partners are planning to overhaul an alliance that largely failed to convert its global scale into a competitive advantage beyond the joint procurement of parts. Both struggling carmakers are set to announce mid-term restructuring plans this week that will serve as a peace treaty designed to resolve the long-standing tensions, five people familiar with the overhaul told Reuters. "After the rain, the earth hardens," said one senior Nissan source, citing a popular Japanese proverb that means relationships become stronger after a period of strife. All five sources within the alliance, which also includes Mitsubishi, declined to be named because they are not authorized to speak with media. Nissan and Renault are each planning substantial restructuring and cost cuts that could affect tens of thousands of jobs, with the Japanese company to announce its measures on May 28 and its French partner likely to follow the next day. Before that, Mitsubishi, Nissan and Renault are holding a joint news conference on May 27 during which they are expected to outline the philosophy behind their new "leader-follower" approach to the alliance. The sources said the companies were unlikely to disclose many details at the events this week of how the new approach will be used to share costs as the companies were still working on specific projects. However, the crisis at both carmakers has accelerated efforts to resolve the disagreements that have stymied collaboration and cost-sharing in technology and product development for five years, the sources said. Mitsubishi, Nissan and Renault all declined to comment officially about alliance plans. 'Leader-follower' The alliance has steadily ramped up output over the years, delivering over 10 million vehicles for the first time in 2017, the first full year after Mitsubishi joined the partnership.