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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.

Nissan and Renault shelve merger plans, will repair their alliance

Renault and Nissan have shelved plans to push towards the full merger former leader Carlos Ghosn craved and will instead fix their troubled alliance to try to recover from the coronavirus pandemic, five senior sources told Reuters. Nissan has long resisted Renault's proposals for a full-blown merger as executives felt the French carmaker was not paying its fair share for the engineering work it did in Japan, sowing discord that some feared could wreck the partnership. Now, with carmakers around the world reeling from the pandemic, the partners are planning to overhaul an alliance that largely failed to convert its global scale into a competitive advantage beyond the joint procurement of parts. Both struggling carmakers are set to announce mid-term restructuring plans this week that will serve as a peace treaty designed to resolve the long-standing tensions, five people familiar with the overhaul told Reuters. "After the rain, the earth hardens," said one senior Nissan source, citing a popular Japanese proverb that means relationships become stronger after a period of strife. All five sources within the alliance, which also includes Mitsubishi, declined to be named because they are not authorized to speak with media. Nissan and Renault are each planning substantial restructuring and cost cuts that could affect tens of thousands of jobs, with the Japanese company to announce its measures on May 28 and its French partner likely to follow the next day. Before that, Mitsubishi, Nissan and Renault are holding a joint news conference on May 27 during which they are expected to outline the philosophy behind their new "leader-follower" approach to the alliance. The sources said the companies were unlikely to disclose many details at the events this week of how the new approach will be used to share costs as the companies were still working on specific projects. However, the crisis at both carmakers has accelerated efforts to resolve the disagreements that have stymied collaboration and cost-sharing in technology and product development for five years, the sources said. Mitsubishi, Nissan and Renault all declined to comment officially about alliance plans. 'Leader-follower' The alliance has steadily ramped up output over the years, delivering over 10 million vehicles for the first time in 2017, the first full year after Mitsubishi joined the partnership.

Recharge Wrap-up: Cruz defends ethanol stance, Bloomberg gets EV numbers wrong?

Republican presidential hopeful Senator Ted Cruz is defending his stance against ethanol subsidies in an opinion piece in The Des Moines Register. In the piece, Cruz says he doesn't oppose ethanol, but opposes mandates and subsidies, favoring a "free and fair energy marketplace," and an "'all of the above' policy." "We should embrace all of the energy resources with which God has blessed America: oil and gas, coal, nuclear, wind, solar, and biofuels and ethanol," says Cruz, "But Washington shouldn't be picking winners and losers." To farmers' benefit, Cruz says he would enforce antitrust laws against those who try to keep ethanol out of the marketplace, and fight the EPA's hard blend walls prohibiting higher amounts of ethanol in gasoline. Read Cruz's article at The Des Moines Register, and read more from The Washington Times.Hybrid Cars calls out Bloomberg Business in a post saying it used inaccurate data in a piece highlighting dim plug-in sales. While the Bloomberg article, titled "Plug-in Electric Autos Left Behind in Record Year," accurately points out a slower year for EVs, it claims sales slipped 17 percent in 2015. According to data from Hybrid Cars, that decline was just 2.88 percent. Hybrid Cars claims that Bloomberg lumped a number of PHEVs with regular hybrids when it calculated the faulty data. Read more about the discrepancy and the more realistic picture of EV sales at Hybrid Cars.The National Biodiesel Board has hired Sandra Franco as general counsel. The Georgetown University Law Center graduate gained experience in environmental litigation during her time as a partner at the Morgan Lewis Law Firm. "There isn't an attorney in the country who knows renewable fuels law better than Sandra Franco, and we are thrilled to have her join our team," says National Biodiesel Board CEO Joe Jobe. "Sandra is a tremendously skilled and seasoned attorney who will help us ensure that the US biodiesel industry has a strong voice and expert counsel in Washington as well as on legal and regulatory issues across the country." Read more at Crop Protection News.Nissan and Infiniti will use Microsoft Azure to power the Connect Telematics System (CTS) for the Nissan Leaf and Infiniti cars in Europe. CTS allows a remote connection to the car, enabling customers to perform a variety of functions from afar. This includes adjusting climate control and programming charging from a smartphone.