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Federal prosecutor fights bail for men accused of helping Carlos Ghosn escape

BOSTON — A U.S. prosecutor on Monday urged a judge to keep a former Green Beret and his son locked up as Japan prepares to formally seek their extradition on charges that they helped former Nissan boss Carlos Ghosn flee the East Asian country. Assistant U.S. Attorney Stephen Hassink argued during a virtual hearing that Michael Taylor and his son, Peter Taylor, have a "clear and present reason to flee" after being accused of helping Ghosn, who faces financial misconduct charges in Japan. "They're actually some of the best defendants that IÂ’m sure this court has seen positioned to actually succeed in that flight," Hassink said. He argued the men, who have been held without bail since being arrested in Massachusetts last month, helped smuggle Ghosn out of Japan in a box on Dec. 29, 2019. Ghosn then allegedly fled to Lebanon, his childhood home, which has no extradition treaty with Japan. Ghosn, Nissan's former chief executive, was charged with engaging in financial wrongdoing by understating his compensation in Nissan's financial statements. He denies wrongdoing. The Taylors' lawyers countered that had they wished to avoid prosecution they could have remained in Lebanon, where they were in January when Japan said it would seek their arrest, rather than return to Massachusetts. "If he's an expert of escape, he would not have returned to the United States," Robert Sheketoff, a lawyer for Michael Taylor, argued. He and other defense lawyers argued the case against their clients was flawed and that Michael Taylor, a U.S. Army Special Forces veteran and private security specialist, is at heightened risk of complications from COVID-19, which could spread in the jail. The hearing itself was held through a Zoom videoconference because of the coronavirus pandemic. U.S. Magistrate Judge Donald Cabell said he hoped to rule "as quickly as I can." Related Video:

What to expect from the Japanese trial of Nissan and Greg Kelly

TOKYO — The criminal trial against Japanese automaker Nissan and its former executive Greg Kelly will open in Tokyo District Court on Tuesday. ItÂ’s the latest chapter in the unfolding scandal of Carlos Ghosn, a superstar at Nissan until he and Kelly were arrested in late 2018. Five questions and answers about the trial: Q: WHAT ARE THE ALLEGATIONS? A: The charges center around KellyÂ’s role in alleged under-reporting of GhosnÂ’s future compensation by about 9 billion yen ($85 million), a violation of financial laws. Kelly says he is innocent. Nissan, which is also similarly charged, has already acknowledged guilt, made corrections to the compensation documents submitted to the authorities, and has started paying a 2.4 billion yen ($22.6 million) fine. Q: WHAT HAPPENS TO GHOSN? A: Probably nothing. He skipped bail late last year and is now in Lebanon, which has no extradition treaty with Japan. Two Americans, Michael Taylor and his son Peter Taylor are being held in Massachusetts without bail, suspected of having helped Ghosn escape by hiding in a box on a private jet. A U.S. judge recently approved their extradition to Japan. The case is now before the U.S. State Department. Q: HOW DO CRIMINAL TRIALS PROCEED IN JAPAN? A: The trial, before a panel of three judges, is expected to take about a year. There is no jury. Juries are selected only for extremely serious cases in Japan, such as murder. In principle, there are no plea bargains although backroom deals are made all the time. Closed pre-trial sessions are held ahead of the trialÂ’s opening, often for months before the real trial begins. Japan's legal system has come under fire from both within and outside the country as “hostage justice” because suspects often are held for months and interrogated without a lawyer present, often leading to false confessions, according to critics. Q: WHAT ARE KELLYÂ’S CHANCES? A: More than 99% of criminal trials in Japan result in a conviction. Japanese Justice Minister Masako Mori, in an online presentation in English hosted by the Japanese Embassy in the U.S., argued the conviction rate is so high because Japan prosecutes only about a third of the cases that come up, choosing only those that “result in guilty verdicts.” She insisted there is a “presumption of innocence.” She declined comment on KellyÂ’s case.

Japan sends official to Lebanon over fugitive Carlos Ghosn

BEIRUT — Japan's deputy justice minister met top officials in Lebanon on Monday over the case of NissanÂ’s fugitive ex-boss, Carlos Ghosn, who fled to his home country late last year while on bail in Japan and awaiting trial. Ghosn was arrested in late 2018 and is facing charges of under-reporting income and breach of trust. He says he is innocent. He led Nissan for nearly 20 years. State Minister of Justice Hiroyuki Yoshiie (pictured above with Lebanese Justice Minister Marie Claude Najm) met President Michel Aoun as well as the Lebanese minister of foreign affairs. Yoshiie did not speak to reporters after the meetings and is scheduled to hold a news conference later in the day. Aoun's office said in a tweet after the meeting that they discussed mutual relations and ways of developing them "in addition to matters that are of interest for both countries." The tweet did not mention Ghosn, who made his first public appearance in Lebanon in early January saying he fled a “nightmare” that would not end and vowed to defend his name wherever he can get a fair trial. On Friday, Japan's Justice Minister Masako Mori said she was dispatching the official to Beirut to explain the Japanese justice system and improve cooperation. She said Japan hoped Lebanon would gain “a proper understanding of the Japanese criminal justice system.” Japan and Lebanon do not have an extradition treaty, and it's unlikely Lebanon would agree to send Ghosn, considered a Lebanese national hero, back to Japan to face trial. Mori acknowledged that there were “various environments” and laws that underpin each country's stance. Nissan, maker of the Leaf electric car and Z sports car, said in a statement regarding the justice officialÂ’s trip that it hoped Ghosn would return to Japan to stand trial, “so that all the facts can be properly established under JapanÂ’s judicial system.” Having spent months in detention and struggling to gain his release on bail under stringent conditions, Ghosn said he fled in the belief he could not get a fair trial in Japan. Japan has requested GhosnÂ’s return through Interpol and issued an arrest warrant after his escape. Lebanese prosecutors issued a travel ban for Ghosn in January and asked him to hand in his French passport following the Interpol-issued notice against him. NissanÂ’s sales have plunged recently, and it sank into losses for the last fiscal quarter. The brand is widely considered to have been tarnished by the controversy around Ghosn.