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How a powerful Nissan insider brought down Carlos Ghosn

Hari Nada   We may never truly know all the corporate skullduggery that went on at Nissan to get former boss Carlos Ghosn arrested and incarcerated in Japan, a country he ultimately fled in a box in what may be the greatest escape caper in corporate history. Nor may we ever truly know which accusations against Ghosn are or are not true. But Bloomberg News thinks it has a pretty good fix on the mastermind of the putsch, a Nissan senior vice president named Hari Nada. Nada, Bloomberg says, is "an insider known for his aggressive tactics and fondness for Marlboros, French cuff shirts and strong cologne." In a 4,600-word investigative piece, Bloomberg dials in on Nada, 56, as having directed other senior executives in a plot to bring down Ghosn, starting a year before his arrest in Tokyo. "The aftermath has been messy," Bloomberg puts it mildly, with Nissan losing billions of dollars, its management in disarray, and the alliance with Renault and Mitsubishi strained to the limits. The fortunes of the three automakers were sent reeling, with the coronavirus pandemic piling on. For his part, Ghosn is living in Lebanon as an international fugitive. Nada's role was basically as chief of staff to Ghosn, a position from which he could see that the chairman intended to strengthen the alliance, bringing the players together in one holding company. Nissan executives have long resisted closer ties and chafed at the company's junior-partner relationship with Renault, though ironically Ghosn's plan would have brought Nissan more of the parity it has always craved. Ghosn also wanted to expand, possibly by a merger with Fiat Chrysler Automobiles.  Among Bloomberg's new discoveries: Nada arranged to have Ghosn's corporate email hacked, unbeknownst to key IT personnel or Nissan's CEO. This began months before Nada began working with prosecutors in a secret deal that afforded him immunity. Jose Munoz, a former Nissan exec and ally of Ghosn's, feared arrest — and refused to Tokyo when summoned — after being tipped off by the U.S. and Spanish ambassadors to Japan. Munoz is now chief operating officer at Hyundai. Top Nissan corporate counsel Ravinder Passi says he was retaliated against after raising complaints against Nada to Nissan's board. He says Nissan initiated a police raid of his home, which Bloomberg has on video. Nada purged other executives deemed rivals or disloyal and apparently became quite unpopular.

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.

Mitsubishi reports an 89% drop in annual profit

TOKYO — Mitsubishi will focus on cutting fixed costs by 20% or more in the next two years after reporting an 89% drop in annual profit, its weakest performance in three years, and skipping its year-end dividend. The coronavirus crisis has exacerbated Mitsubishi's struggles in a year where Japan's sixth biggest carmaker was already battling falling sales in China and also southeast Asia, its largest market which accounts for one-quarter of sales. Mitsubishi also said on Tuesday it would focus on growth in ASEAN countries to survive the aftermath of the pandemic. "Before the virus we had been mulling which underperforming regions and vehicle segments to cut our exposure to," CEO Takao Kato told a results teleconference. "In the wake of the virus, we need to pick up the pace of making these changes. To stay competitive in a post-coronavirus market, we need to immediately shrink our area of focus to regions and segments in which we excel." Global automakers are struggling to cope with the crisis, which has pummeled car sales due to lockdowns in many countries. Many automakers have begun to restart vehicle factories, but anemic demand, supply chain disruptions and social distancing measures at factories are expected to limit output. Mitsubishi's operating profit came in at 12.8 billion yen ($119.21 million) for the year to end March, down from 111.8 billion yen a year ago, and its lowest since the year to end March 2017. Profits exceeded a consensus estimate of 9.4 billion yen profit drawn from 15 analysts polled by Refinitiv. The automaker did not give an earnings forecast for the current business year, and did not issue a year-end dividend, compared with 10 yen per share a year ago. The junior member of the automaking partnership between Nissan and France's Renault, sold 1.13 million vehicles globally in the year ended March, down 9%. Mitsubishi will focus on growth in southeast Asia as part of the alliance's plan for each company to expand in their regions of strength. Mitsubishi said it would give more details when it reports first-quarter results. The alliance is expected to announce a revamped strategy on May 27, when it will pledge to increase cooperation to improve joint operations to remain competitive. Related Video: