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Lawyer for Ghosn slams bail condition as human rights violation

TOKYO (AP) — The lawyer for Nissan's former chairman Carlos Ghosn on Saturday criticized a bail condition that prevents his client from seeing his wife, as Ghosn awaits trial on financial misconduct charges. A judge has forbidden Ghosn from seeing his wife, Carole, including in the presence of lawyers, or talking to her on the phone. Prosecutors say the restriction is needed to prevent evidence tampering. "This is unfair," Takashi Takano, the lawyer, said in a phone interview, calling it a human rights violation. "It's cruel and unusual." His earlier appeal of the ban, rejected by district and appeals courts, went to the Supreme Court, which turned it down last month. The Supreme Court decision cannot be appealed, but Takano vowed to keep filing new petitions, stressing that the Supreme Court has not yet ruled on the constitutionality or the human rights aspects. The next one will be filed within two or three weeks, he said. Ghosn's lawyers recently filed a second petition with the U.N. Working Group on Arbitrary Detention, arguing that the restrictions on seeing his wife amount to a deprivation of fundamental human rights. Takano acknowledged that the situation looks dismal, as Japan's Supreme Court is not easily influenced by other governments' views or by public opinion. "Even the strongest man in the world can be stressed, psychologically damaged. That's very natural as a human being," said Takano, noting that Ghosn was holding up well compared to other clients he has had. Ghosn has been aggressively taking part in meetings with his defense team, according to Takano. The case has entered the stage known as "pre-trial sessions," during which both sides hand in evidence. A trial date has not been set. In Japan, preparations for trials routinely take months. Ghosn, who led Japanese automaker Nissan Motor Co. for two decades, was arrested in November and charged with falsifying financial documents in reporting retirement compensation, and with breach of trust in diverting Nissan money toward personal investment losses and a company effectively run by him. Ghosn, 65, a Brazilian-born Frenchman of Lebanese ancestry, has repeatedly said he is innocent, accusing some at Nissan of plotting against him and opposing a plan to merge Nissan with French alliance partner Renault. Renault is set to vote Tuesday on a possible merger with Fiat Chrysler.

Feds arrest two men accused of smuggling Carlos Ghosn out of Japan in a box

Authorities say this Dec. 30, 2019, image from security camera video shows Michael Taylor, center, and George-Antoine Zayek at passport control at Istanbul Airport in Turkey. Taylor, a former Green Beret and his son, Peter Taylor, 27, were arrested Wednesday in Massachusetts on charges they smuggled Nissan Motor Co. Chairman Carlos Ghosn out of Japan in a box in December 2019, while he awaited trial there on financial misconduct charges. / Getty Images   WASHINGTON — A former Green Beret and his son were arrested Wednesday in Massachusetts on charges they smuggled Nissan Motor Co. Chairman Carlos Ghosn out of Japan in a box while he awaited trial there on financial misconduct charges. Michael Taylor, a 59-year-old former Green Beret and private security specialist, and Peter Taylor, 27, are wanted by Japan on charges they helped Ghosn escape the country in December after he was released on bail. The men were arrested by the U.S. Marshals Service in Harvard and were expected to appear before a judge via videoconference later Wednesday. The tale of the daring escape began on Dec. 28, 2019, when Peter Taylor arrived in Japan and met with Ghosn at the Grand Hyatt Tokyo for about an hour, authorities said. Just before 10 a.m. the next day, Michael Taylor flew into Osaka, Japan, on a chartered Bombardier Global Express jet from Dubai with another man, George-Antoine Zayek, carrying two large black boxes with them. The elder Taylor was experienced with sticky situations. Over the years, he has been hired by parents to rescue abducted children, gone undercover for the FBI in a sting on a Massachusetts drug gang and worked as a contractor for the U.S. military in Iraq and Afghanistan. The last assignment had landed him in a Utah jail for 14 months, caught in a federal contract fraud case that upended TaylorÂ’s family and finances before he agreed to plead guilty to two charges. It's not clear yet how Ghosn hooked up with Taylor. At their arrival, Taylor and Zayek, his Lebanese-born colleague, told airport employees they were musicians carrying audio equipment. Meanwhile, Ghosn, who was out of custody on a hefty bail, headed to the Grand Hyatt in Tokyo and met up with Peter Taylor in his hotel room, authorities said. The elder Taylor and Zayek joined after a brief stop to rent a separate room near the airport. And soon after their arrival, the group left the Grand Hyatt and split up.

Carlos Ghosn was on verge of release — so prosecutors file new allegation

TOKYO — Japanese prosecutors added a new allegation of breach of trust against Nissan's former chairman Carlos Ghosn on Friday, dashing his hopes for posting bail quickly. Ghosn and another former Nissan executive, Greg Kelly, were arrested Nov. 19 and charged with underreporting Ghosn's income by about 5 billion yen ($44 million) in 2011-2015. They also face the prospect of more charges of underreporting Ghosn's income for other years by nearly 10 billion ($80 million) in total. The breach of trust allegations were filed a day after a court rejected prosecutors' request for a longer detention of both men. The new allegation only applies to Ghosn, and Kelly could still be bailed out. A request for bail by Kelly's lawyer is pending court approval, according to the Tokyo District Court, but his release will have to wait until next week since the request was still in process after office hours Friday. Prosecutors in a statement Friday alleged that Ghosn in 2008 transferred a private investment loss worth more than 1.8 billion yen ($16 million) to Nissan by manipulating an unspecified "swap" contract. Ghosn also profited by having the company transfer a total of $14.7 million to another company to benefit himself and that company's owner, who helped in the contract manipulation, prosecutors said. Shin Kukimoto, deputy chief prosecutor at the Tokyo District Prosecutors Office, refuse to say if the two transactions were related or how Ghosn illegally profited. He also declined to identify the collaborator or whether the transactions were made overseas. Ghosn and Kelly are only charged with underreporting Ghosn's pay over five years, in violation of the Financial Instruments and Exchange Act. They have not been formally charged with an additional allegation of underreporting another 4 billion yen ($36 million) for 2016-2018, for which their first 10-day detention was to expire Thursday. Prosecutors have been criticized for separating the allegations as a tactic to detain Ghosn and Kelly longer. They say Ghosn and Kelly are flight risks. The maximum penalty for violating the financial act is up to 10 years in prison, a 10 million yen ($89,000) fine, or both. Breach of trust also carries a similar maximum penalty. The conviction rate in Japan is more than 99 percent for any crime. Ghosn was sent by Renault in 1999 to turn around Nissan, then on the verge of bankruptcy, and he led its rise to become the world's second-largest automaker.