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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.

Carlos Ghosn freed from jail after four months

TOKYO — Wearing a mask, cap and what looked like a construction worker's outfit, the former chairman of Nissan Motor Co., Carlos Ghosn, left a Tokyo detention center Wednesday after posting 1 billion yen ($8.9 million) bail. Although his face was obscured as he left the facility, Ghosn's identity was apparent as he smiled after arriving at a building in downtown Tokyo, having removed his jacket, mask and hat. There was a scramble by media to follow Ghosn after he boarded a small Suzuki van, topped with a ladder, and traveled from the Tokyo Detention Center toward downtown. Motorcycles trailed the van in formation as it passed through city streets to one of the defense lawyer's offices. Ghosn later left in another car, which was mobbed by media. Ghosn, the former head of the Renault-Nissan-Mitsubishi Motors alliance was arrested on Nov. 19. He is charged with falsifying financial reports and with breach of trust. The Tokyo District Court confirmed the 1 billion yen ($8.9 million) bail was posted earlier in the day, after a judge rejected an appeal from prosecutors requesting his continued detention. That cleared the way for Ghosn to leave the facility after spending nearly four months since his arrest. Before his release, Ghosn, who turns 65 on Saturday, issued a statement reasserting his innocence. "I am innocent and totally committed to vigorously defending myself in a fair trial against these meritless and unsubstantiated accusations," he said. A date for his trial has not yet been set. Suspects in Japan often are detained for months, especially those who insist on their innocence, like Ghosn. Some legal experts, including Junichiro Hironaka, one of his lawyers, have criticized the system as "hostage justice," saying the long detentions tend to encourage false confessions. Ghosn's lawyer in France, Jean-Yves Le Borgne, said the lawyers in Japan will be leading the defense but he was in touch with them. "He is catching his breath and settling in," Le Borgne said of Ghosn. French Finance Minister Bruno Le Maire said a presumption of innocence for Ghosn was crucial, while noting the importance to France of the alliance between Nissan and French automaker Renault SA. "It is a good thing that Carlos Ghosn can defend himself freely and serenely, and his release will permit Carlos Ghosn to defend himself freely and serenely," he said. The French government owns about 15 percent of Renault SA, making it an influential voice in the future of the alliance.

nuTonomy beats Uber to launch first self-driving taxi

In the cutthroat world of technology, if you're not first, you're last. With this in mind, it shouldn't come as a surprise to see tech companies and automakers clawing to be first in line to release self-driving cars. Uber recently partnered with Volvo in a $300-million project that should result in a self-driving fleet as early as next month. But amazingly, a 3-year-old company called nuTonomy has beat Uber to the punch by launching the world's first self-driving taxi in Singapore. Cambridge, MA,-based nuTonomy has been privately testing self-driving vehicles in Singapore since April and is now allowing select residents in the city's one-north business district to be driven around in its self-driving taxis for free. Customers will be able to summon one of nuTonomy's self-driving taxis through the company's app and will be picked up in a Renault Zoe or Mitsubishi i-MiEV electric car modified for autonomous driving. While the taxi will drive itself, an engineer from nuTonomy will ride in the vehicle to ensure that the car is operating properly and will take over if needed. There's no word on how many self-driving taxis nuTonomy put on the road, but the trials take the company one step closer to launching its fully autonomous fleet by 2018. The Wall Street Journal's Jake Watts managed to get a ride in one of nuTonomy's self-driving taxis and, while it went well, he claims human cabdrivers may not go extinct any time soon. According to Watts, the self-driving Mitsubishi lacked Tesla's polish and was overly cautious. The car did a fine job of avoiding jaywalkers, parked cars, and pedestrians on the short drive, but hesitated often, which could gives riders motion sickness, Watts said. nuTonomy CEO Karl Iagnemma will be speaking at Autoblog's UPSHIFT 2016 conference on transportation technology on October 6 in Detroit. Related Video: News Source: The Wall Street Journal, nuTonomyImage Credit: nuTonomy Green Mitsubishi Renault Technology Emerging Technologies Autonomous Vehicles Electric Uber driverless singapore nutonomy