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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.

Mitsubishi Motors halts some SUV sales in Japan as MPG scandal grows

Mitsubishi's fuel-economy scandal is going from bad to worse. First, the Japanese automaker claimed it lied about the fuel economy for a few kei cars, then it claimed fuel economy tests for as far back as 1991 could reveal mile-per-gallon figures that were tampered with. In May the automaker, admitted that every single vehicle it's sold in Japan could be affected by the fuel-economy scandal. Now, the Japanese automaker revealed that more of its vehicles were involved in the fuel-economy cheating scandal – and one of them is sold in the US. After completing its investigation into the automaker's fuel-economy scandal, Japan's Transport Ministry found that Mitsubishi overstated the fuel economy for eight more vehicles in marketing brochures, one of which is sold as the Outlander Sport in the US, reports Automotive News. The Transport Ministry ordered Mitsubishi to stop domestic sales of the models, which include the Pajero, Outlander, and RVR SUV (known as the Outlander Sport in the US). The latest finding adds to four kei cars that were previously noted for having overstated fuel economy figures earlier this year. Japan's sixth-largest automaker is having a hard time recuperating since the scandal broke earlier this April. The initial scandal led to the automaker suspending its sales, which caused a large dip in the automaker's market value. The scandal required Mitsubishi to seek financial assistance from Nissan, which agreed to buy a controlling 34-percent stake for $2.2 billion. Investigators hired by Mitsubishi to look into the automaker's overstated fuel economy figures revealed the company's "corporate culture" as the issue. More specifically, the investigators founds the company's pressure to improve fuel-efficiency figures, a lack of unity between divisions, and an unwillingness to accept fuel economy shortfalls as the reason for falsifying its vehicles' mpg figures. Mitsubishi is expected to compensate Japanese owners for the overstated fuel economy figures, which would result in a massive loss for the automaker. The company is expected to post a net loss of roughly $1.4 billion this year, pushing Mitsubishi into the red for the first time in approximately eight years. Related Video: News Source: Automotive News-sub.req.Image Credit: Tomohiro Ohsumi / Bloomberg via Getty Images Government/Legal Green Mitsubishi Nissan Fuel Efficiency kei car scandal

2014 Nissan Leaf named overall cleanest car in US

A research firm has named the zero-emission 2014 Nissan Leaf the cleanest production vehicle in the US, and that's figuring in the full, wheel-to-well lifetime impact of the car on the environment. The Automotive Science Group (ASG) studied more than 1,300 automobiles with at least four seats across nine categories, measuring everything from the amount of fuel needed to run the car during its lifetime to the extraction of natural resources to build the thing in the first place to end-of-life processing. ASG calls the process "wildly complex." The battery-electric Leaf, with its 84-mile single-charge range, took top honors overall, but there were other highly ranked vehicles in different categories. ASG also said that the Mitsubishi Mirage, with its sub-2,000-pound curb weight and 40 miles per gallon fuel economy, was the cleanest among gas-powered vehicles, while the Chevrolet Spark had the lowest cast of ownership over five years. Last month, the American Council for an Energy-Efficient Economy (ACEEE) put together its annual "Greenest" and "Meanest" (notice: we didn't say "Cleanest") lists and put the Leaf at number three. Topping that list was the Smart ForTwo ED battery-electric, but that was followed up by the Toyota Prius C compact hybrid, so fans of those vehicles can now start a healthy debate. The ACEEE uses data from the Environmental Protection Agency and California Air Resources Board to compile its list. We have ASG's press release below. Life-cycle Assessment of 1,300 Models Reveals Best of 2014 FOR IMMEDIATE RELEASE 4 February 2014 [Santa Rosa, CA] – The Automotive Science Group (ASG) conducted a comprehensive life-cycle assessment of over 1,300 automobiles across nine categories to distinguish the BEST model year 2014 vehicles in environmental, economic, social and "all-around" performance. Auto consumers are now equipped with a car buying guide founded on principled facts, a departure from the notoriously subjective test drive "editor reviews" that have long been the industry norm. Using a unique combination of vehicle data inputs that include conventional specifications as well as ground-breaking social, environmental and economic performance indicators, ASG's back-end algorithms are wildly complex, but the front-end results – meaningful vehicle ratings and distinguished awards – are forthright and consumer-friendly. ASG's Automotive Performance Index is for automotive consumers what Google is for web users.