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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.

Nissan Quest under investigation for inaccurate fuel gauges

After receiving 12 complaints in the last 14 months, the National Highway Traffic Safety Administration has begun a preliminary investigation into a fuel gauge issue with the 2007 Nissan Quest. Drivers have reported that the fuel level gauge will show there's gas in the tank when there actually isn't - in two cases, the digital distance-to-empty gauge indicated more than 70 miles of remaining range - and it will stall out.
This is the second time the 2007-model-year Quest has been involved in the same fuel gauge issue. In 2010 Nissan recalled seven models, including the Quest, from the 2005-2008 model years because of faulty fuel readings. The 12 vehicles in this latest complaint could have slipped through the cracks then, but we'll find out more when NHTSA updates its progress with the investigation into the estimated 37,656 units.

Lawyer for Ghosn slams bail condition as human rights violation

TOKYO (AP) — The lawyer for Nissan's former chairman Carlos Ghosn on Saturday criticized a bail condition that prevents his client from seeing his wife, as Ghosn awaits trial on financial misconduct charges. A judge has forbidden Ghosn from seeing his wife, Carole, including in the presence of lawyers, or talking to her on the phone. Prosecutors say the restriction is needed to prevent evidence tampering. "This is unfair," Takashi Takano, the lawyer, said in a phone interview, calling it a human rights violation. "It's cruel and unusual." His earlier appeal of the ban, rejected by district and appeals courts, went to the Supreme Court, which turned it down last month. The Supreme Court decision cannot be appealed, but Takano vowed to keep filing new petitions, stressing that the Supreme Court has not yet ruled on the constitutionality or the human rights aspects. The next one will be filed within two or three weeks, he said. Ghosn's lawyers recently filed a second petition with the U.N. Working Group on Arbitrary Detention, arguing that the restrictions on seeing his wife amount to a deprivation of fundamental human rights. Takano acknowledged that the situation looks dismal, as Japan's Supreme Court is not easily influenced by other governments' views or by public opinion. "Even the strongest man in the world can be stressed, psychologically damaged. That's very natural as a human being," said Takano, noting that Ghosn was holding up well compared to other clients he has had. Ghosn has been aggressively taking part in meetings with his defense team, according to Takano. The case has entered the stage known as "pre-trial sessions," during which both sides hand in evidence. A trial date has not been set. In Japan, preparations for trials routinely take months. Ghosn, who led Japanese automaker Nissan Motor Co. for two decades, was arrested in November and charged with falsifying financial documents in reporting retirement compensation, and with breach of trust in diverting Nissan money toward personal investment losses and a company effectively run by him. Ghosn, 65, a Brazilian-born Frenchman of Lebanese ancestry, has repeatedly said he is innocent, accusing some at Nissan of plotting against him and opposing a plan to merge Nissan with French alliance partner Renault. Renault is set to vote Tuesday on a possible merger with Fiat Chrysler.