2014 Nissan 370z Touring / Supercharged on 2040-cars

Auto blog

Carlos Ghosn re-arrested and thrown back in jail [UPDATE]

TOKYO — Tokyo prosecutors arrested Nissan's former chairman Carlos Ghosn on Thursday for a fourth time, on fresh allegations that cut short his brief time outside detention. Early in the morning, Ghosn was taken from his apartment in Tokyo to the prosecutors' office and then sent to the Tokyo Detention Center, the same facility where he spent more than three months following his arrest in November. He had been released on bail just a month earlier. It's unclear how long Ghosn may be detained under the latest arrest, which involves what prosecutors said was a new alleged crime. "My arrest this morning is outrageous and arbitrary," Ghosn said in a statement issued Thursday. "It is part of another attempt by some individuals at Nissan to silence me by misleading the prosecutors. Why arrest me except to try to break me? I will not be broken. I am innocent of the groundless charges and accusations against me." The prosecutors defended the move, saying the latest allegations are a new case requiring precautions to prevent Ghosn from destroying evidence. They allege $5 million in funds sent by a Nissan subsidiary to an overseas dealership were diverted to a company controlled by Ghosn. "We now have a totally different case, and we are only doing what we think is right," Shin Kukimoto, deputy chief prosecutor at the Tokyo District Prosecutor's Office, told reporters. "As a result of our investigation, we have a new case in which he must be detained, and we have appropriately obtained an arrest warrant from the court," he said. Ghosn, 65, was first arrested on Nov. 19 on charges of under-reporting his compensation. He was rearrested twice in December, including on breach of trust charges. The multiple arrests prolong detentions without trial and are an oft-criticized prosecution tactic in Japan's criminal justice system. The allegations in the most recent arrest cover three money transfers from 2015 through last year, according to the prosecutors. Kukimoto said the new allegation of breach of trust is different from an earlier charge made in January. The companies where the money was transferred to, the motives, and the alleged scheme are all different, he said. He refused to identify the three companies allegedly involved but said one company was in effect owned by Ghosn. Unlike an earlier case, in which Ghosn caused damage to Nissan to benefit himself and a business partner, this time it was merely "for his own personal benefit," Kukimoto said.

Japan prosecutors seek 2 years in prison for ex-Nissan exec Greg Kelly

TOKYO — Japanese prosecutors demanded two years in prison for former Nissan executive Greg Kelly and accused him of joining a “conspiracy” to pay his former boss Carlos Ghosn illicitly in closing arguments Wednesday in a yearlong trial. “That unpaid compensation existed is clear,” prosecutor Yukio Kawasaki told the Tokyo District Court, reading briskly from a thick document. Kelly, a 30-year veteran at the Japanese automaker, was living in the U.S. when he was arrested in November 2018 upon returning to Japan to attend a meeting. The first American to be appointed to NissanÂ’s board, Kelly says he is innocent. He sat calmly in the courtroom, wearing his usual red tie and dark suit, alongside defense lawyers. Everyone in the courthouse was wearing a mask because of the pandemic. Kelly told The Associated Press in an interview last month he did not know all the details of GhosnÂ’s pay. He was determined to retain Ghosn, Nissan's former chairman, because of his extraordinary management skills and wanted to pay him in a legal way, he said. Ghosn was arrested at the same time as Kelly and also maintains he is innocent. He skipped bail in late 2019 and fled to Lebanon, the country of his ancestry. It has no extradition treaty with Japan. The charges center around a pay cut of about 1 billion yen ($10 million) a year that Ghosn voluntarily started taking from 2010, halving his pay after disclosure of high executive pay became mandatory in Japan. Nissan Motor officials considered various ways to make up for the money Ghosn gave up, such as paying him consulting fees after retirement. They also mulled other methods such as payments through subsidiaries and stock options. Nothing had been paid at the time of the arrests. The contention is over whether that money should have been reported as compensation as a de facto promised sum under a binding contract, or didnÂ’t need to be disclosed until it was finalized. Ghosn has said a group at Nissan engineered his arrest because they feared that French automaker Renault, which owns 43% of Nissan, would gain more control over the company. Other Nissan officials made similar comments during KellyÂ’s trial. Renault sent Ghosn to Nissan in 1999 to lead its rescue from the brink of bankruptcy. He successfully steered the maker of the Leaf electric car and Infiniti luxury models for nearly two decades.

Carlos Ghosn takes a walk in a park, as lawyer apologizes for disguise

TOKYO — Former Nissan chairman Carlos Ghosn was seen walking in a Tokyo park on Friday, two days after his release in a strange disguise from a Japanese detention center. Ghosn, this time in sunglasses and a Stanford baseball cap (his daughter Caroline's alma mater), was spotted outdoors twice on Friday, strolling outside in the crisp March air. He and several others, believed to be his wife and daughters, visited a downtown Tokyo garden as members of the media trailed them and watched. The intense media attention was what led Ghosn's lawyers to suggest he leave the Tokyo Detention Center after his release on bail Wednesday in a laborer's outfit of cap, surgical mask and high-visibility vest, attorney Takashi Takano said. Many were baffled by the somewhat transparent disguise, which has riveted Japanese tabloid media. One TV show re-enacted his departure. Takano said in a blog post that he took full responsibility for what he called the "theater of disguise." He apologized for its failure. The outfit was confusing but didn't deter media from tracking the small van he traveled in after his release, in a spectacle broadcast live on television. "My immature plan, as a result, has tarnished the reputation that he has devoted his whole life to build," Takano said of his client. Takano asked the media to respect Ghosn's privacy. That plea appeared to go unheeded as cameramen closely followed the celebrity executive as those walking with him stared straight ahead in apparent annoyance. Ghosn, who headed the Renault-Nissan-Mitsubishi Motors alliance, has been charged with falsifying financial reports, under-reporting his income and breach of trust in having Nissan Motor Co. shoulder personal investment losses and make payments to a Saudi businessman. He says he is innocent and that the income allegedly under-reported was never paid or decided, that Nissan never suffered the investment losses and the payments were for legitimate services. In Japan, suspects are routinely kept in detention until preparations for their trials are ready, meaning they are often detained for months. The court rejected two earlier requests by Ghosn for bail. Ghosn led Nissan for two decades, saving the Yokohama-based automaker from near bankruptcy. He was arrested on Nov. 19.