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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.

Renault to alert prosecutors about Carlos Ghosn's wedding costs

PARIS — Renault has found evidence that it paid part of Carlos Ghosn's wedding costs and is preparing to turn the investigation over to prosecutors, two weeks after the French carmaker's scandal-hit chairman and chief executive was forced out. An internal probe established that a 2016 sponsorship deal with the Chateau de Versailles included a 50,000 euro ($57,000) personal benefit to Ghosn, the carmaker said on Thursday, confirming a report in Le Figaro. The carmaker replaced Ghosn on Jan. 24, more than two months after his arrest in Japan over allegations of financial misconduct uncovered by Renault's Japanese affiliate Nissan, which he also chaired. Renault began its own examination of payments to Ghosn within days of his detention but had not flagged any irregularities until now. Renault has discovered that "Mr Ghosn was accorded a personal benefit valued at 50,000 euros under the terms of a sponsorship contract with the Chateau de Versailles," the company said in a statement on Thursday. "Renault has decided to bring these findings to the attention of the judicial authorities." The office of Ghosn's Japanese lawyer Motonari Otsuru did not immediately respond to a request for comment. Ghosn remains in detention in Tokyo with limited opportunity to respond publicly to allegations against him. Renault had agreed before the wedding to sponsor 2.3 million euros of Versailles renovations in return for a credit granting the carmaker services from the chateau worth 25 percent of that amount, or 575,000 euros, a person with knowledge of the matter told Reuters. Le Figaro reported that the chateau allowed Ghosn to host his wedding reception on its grounds in exchange for Renault's donations to the Versailles estate, resplendent home to France's last kings. The rental fee was deducted from Renault's credit for use of the Grand Trianon at Versailles on Oct. 8, 2016, when Ghosn and his second wife Carole hosted their wedding reception at the 17th-century palace, the source said. The event had already attracted public attention for its opulence and Marie Antoinette-themed costumes. The Renault board was informed about the discovery on Wednesday, as reported by Le Figaro, the source added. Earnings/Financials Government/Legal Mitsubishi Nissan Renault renault-nissan

Next-generation Mitsubishi Outlander spied for the first time

Having been around relatively unchanged since the 2014 model year, it's about time that we're finally seeing a new generation of Mitsubishi Outlander crossover. This is the first prototype we've seen, and it's rather thinly disguised. From what we can tell, it will draw heavily from the Engelberg Tourer concept that was shown at this year's Geneva Motor Show (we still find that name strange, by the way). The next-generation Outlander's grille seems to have the now-trademark broad, metallic grille shared with the Eclipse Cross and recently refreshed Outlander Sport. It also has lights that spear off the top corners of the grille. In this application, they appear to simply be daytime running lights. The main illumination probably comes from the large rounded lamps below them. The grille and the shapes of the lights match the Engelberg concept, too. Mitsubishi Engelberg Tourer concept View 12 Photos Also matching the Engelberg Tourer is the side profile. We can see that the roof panel is separated from the rest of the body, making it perfect for contrasting colors like those on the concept. The glass area kicks up at the rear just before the vertical edge at the rear. This creates a thick, upright D-pillar, just like the concept. The back of the Outlander is pretty clean and simple, and the taillights are thin and wide. The taillights extend forward into sharp points. All of these features are similar to the concept. With so much of the exterior mirroring Mitsubishi's earlier concept, we're expecting the Outlander to use a similar, if not identical powertrain. The concept featured a plug-in hybrid powertrain very much like the current Outlander PHEV, but with a 2.4-liter inline-4 engine rather than a 2.0-liter unit. Electric range was an estimated 43 miles, which also improves on the existing Outlander PHEV's 22 miles. This all seems very plausible for the new production Outlander PHEV. The powertrain for non-hybrid Outlanders is more of a mystery. Base models may get the Eclipse Cross's turbocharged 1.5-liter inline-4. We'll have to wait to see if the V6 option sticks around. This prototype looks pretty far along in development, so we expect to see the production model shown within a year.