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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.

Datsun previews new budget sedan for Russia [w/video]

Nobody does cars on the cheap quite like the Renault-Nissan Alliance. The former part of the equation already has its Dacia brand of cost-effective, no-frills vehicles that have become a favorite of Top Gear co-host James May, and last summer, the latter revived its Datsun nameplate for a budget brand of its own.
The reborn Datsun launched in India this past July with its Go hatchback, returned in September with the Go+ minivan and revealed the Redi-Go concept just last month. And now it's given us our first look at an upcoming budget sedan developed specifically for the Russian market.
The as-yet unnamed vehicle (which we'll bet will incorporate the word "go" into its nameplate somehow) is set to debut on April 4, where it will launch the Datsun brand in Russia. Few details are available at this point, but the low-cost sedan was designed in Japan to offer Russian drivers "an engaging driving experience, peace of mind ownership and accessibility at the right and transparent price, with a competitive Total Cost of Ownership."

Ghosn's first jail interview: I was the victim of 'plot and treason'

TOKYO — Carlos Ghosn said Nissan executives opposed to his plans for closer ties with automaking partner Renault SA resorted to "plot and treason" to disrupt them and were behind the financial misconduct allegations against him. Speaking to the Nikkei newspaper in his first media interview since his arrest on Nov. 19, Ghosn said he had discussed plans to integrate the companies with Nissan CEO Hiroto Saikawa in September. But Nissan executives employed "plot and treason" to uproot those plans, Ghosn said. Ghosn, who spearheaded Nissan's turnaround two decades ago, had pushed for a deeper tie-up between Nissan and Renault, including possibly a full merger, despite strong reservations at the Japanese corporation. He remains in detention following his arrest and indictment on charges related to breach of trust and understating his salary. His arrest has clouded the outlook for closer ties between Nissan and Renault, along with Mitsubishi Motors Corp, the third member of the automaking alliance Since his arrest, Saikawa has said it was not the time to discuss revising the partners' complex capital ties. Nissan and Mitsubishi Motors have dismissed Ghosn as chairman, while he has resigned from the helm at Renault. Ghosn denied accusations of improper payments to a company run by a Saudi businessman, saying the payment had been approved by a Nissan executive. Ghosn also called accusations by both Nissan and Mitsubishi that he received nearly 8 million euros in improper payment through a Dutch-based joint venture of the two automakers "a distortion of reality," and argued his luxury residences in Rio de Janeiro and Beirut were approved by Nissan's legal department. Nissan has said it was not aware that it had paid for many of Ghosn's properties. On Wednesday, a spokesman said that the company was unable to comment on Ghosn's legal defense. Ghosn, in the 20-minute interview, denied that his tenure at Nissan had been a "dictatorship." "People translated strong leadership to dictator, to distort reality" for the "purpose of getting rid of me," he said. Ghosn added that his health was fine, and that he wouldn't flee if freed on bail. Meanwhile, NHK reported that Saikawa plans to hold his first face-to-face discussion with new Renault Chairman Jean-Dominique Senard on the sidelines of an alliance meeting in the Netherlands on Thursday.Related Video: This content is hosted by a third party. To view it, please update your privacy preferences. Manage Settings.