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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.

Ghosn: Nissan-Renault strife and his arrest can be traced back to Macron

PARIS — Ex-Nissan boss Carlos Ghosn said on Wednesday that a surprise corporate move, orchestrated five years ago by French President Emmanuel Macron, who was then economy minister, soured relations between Renault and Nissan and contributed to his ouster. Ghosn, the former head of the car alliance, said Nissan executives and Japanese officials were shocked by a 2015 decision by the French government to increase its voting rights at Renault. "This left a big bitterness. Not only with the management of Nissan, but also the government of Japan," Ghosn told reporters, although he did not name Macron. "And this is where the problem started." Macron's office did not respond to a request for comment. In April 2015, as a 37-year-old minister with then-unknown presidential ambitions, Macron ordered a surprise increase in the state's stake in Renault designed to secure double voting rights. The overnight move gave the French state a blocking minority in Renault, which in turn controlled Nissan via its 43.4 percent stake in the Japanese firm. According to French and Japanese sources, that rattled the Japanese side of the Renault-Nissan alliance, which feared a national champion was falling under the control of the French government. In the ensuing eight-month boardroom fight between Macron's ministry and Hiroto Saikawa — Nissan's second-in-command at the time — Ghosn sees the seeds of what he says grew into a conspiracy to have him arrested and oust him from control of Nissan. The 65-year-old fled Japan last month as he awaited trial on charges of under-reporting earnings, breach of trust and misappropriation of company funds, all of which he denies. He is now in Lebanon, where he spoke to international media on Wednesday. "There started to be some kind of defiance from our Japanese colleagues, not only about the alliance but also about me," Ghosn told reporters. "And some of our Japanese friends thought: The only way to get rid of the influence of Renault on Nissan is to get rid of him," he added. "Unfortunately, they were right." Following Ghosn's arrest in November 2018, Nissan executives said that said governance had been eroded by RenaultÂ’s control.

Sebastien Vettel testing Infiniti's production Etherea?

It sounds like Sebastian Vettel has had his hands full recently, juggling his Formula One racing career while moonlighting as the newly appointed director of performance at Infiniti. On that latter note, Autocar is reporting that Vettel has been testing a production version of the Etherea Concept at France's Circuit Paul Ricard.
There is still no word as to when we could see this car go into production or what it will be called (possibly the Q30), but it will likely share a platform with the Mercedes-Benz A-Class as a part of the Daimler/Renault-Nissan collaboration. The article also said that this future entry-level Infiniti would be produced at Nissan's Sunderland, UK plant.