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Nissan sues Ghosn's sister while Renault finds no irregularities in his pay

Nissan sued ousted chairman Carlos Ghosn's sister on Tuesday in a Rio de Janeiro court for "unjust enrichment," according to judicial records seen by Reuters. The suit is the latest twist to a bitter legal fight between Ghosn and Nissan over the contents of a beachfront apartment that the former executive used during his trips to Brazil. Brazilian-born Ghosn is accused of having underreported his income while leading the Japanese carmaker and diverting company funds for his personal use. He is being held in a prison in Japan and the carmaker says there might be evidence of his alleged crimes in the Rio apartment. Additional details regarding the unjust enrichment suit were not immediately available and it was unclear how long it might take to resolve the case. A representative for the Ghosn family did not have an immediate comment. The Japanese press had already reported that Ghosn's sister, Claudine Bichara de Oliveira, could be embroiled in the scandal. Yomuri, Japan's largest daily by circulation, reported in November citing unnamed sources that Nissan's internal investigation had found that Ghosn instructed the company since 2002 to pay some $100,000 a year to his elder sister. The compensation was supposed to be for a role as an adviser. The paper added that Bichara de Oliveira had in fact been living in and managing the Rio apartment that Nissan had bought for the use of Ghosn and that she had done no advisory work for the car maker. Meanwhile, Renault issued a preliminary report indicating that an audit launched in the wake of Chairman and CEO Carlos Ghosn's arrest in Japan had so far found no irregularities with his pay at the French carmaker. Ghosn was charged on Monday in Japan for failing to declare deferred income he had agreed to receive from Nissan, for the five years ending March 2015. There is speculation that Nissan itself may be indicted in Japan as part of the case against Ghosn. While Nissan fired Ghosn days after his Nov. 19 arrest, Renault has resisted pressure to replace him permanently. The Renault board also "noted that, at this stage, it does not have information concerning Carlos Ghosn's defense," the company said after its meeting, which had long been scheduled to discuss 2018-19 financial accounts. During the five-hour session, several directors led by Cherie Blair, wife of the British former prime minister Tony Blair, began to express impatience with that position, two people with knowledge of the matter said.

Ghosn flight prompts renewed focus on Japan's strict justice system

TOKYO — Carlos Ghosn's daring flight from Japan, where he was awaiting trial on charges of financial wrongdoing, has revived global criticism of the nation's "hostage justice," but in Japan is prompting talk of reversing more lenient curbs on defendants. The ousted boss of Japan's Nissan and France's Renault fled to Lebanon, saying on Tuesday that he had "escaped injustice" and would "no longer be held hostage by a rigged Japanese justice system." Ghosn was first arrested in November 2018 when his private jet landed in Tokyo and kept in jail for more than 100 days as prosecutors added more charges, all of which he has denied. He was released on $9 million bail in March — only to be arrested and bailed again the following month. He was facing four charges, including underreporting his Nissan salary and transferring personal financial losses to his employer's books while he ran Japan's No. 2 automaker. His apparent escape from Japan's legal system — Tokyo and Lebanon don't have an extradition treaty — will likely halt or even reverse a trend of recent years toward granting bail in more cases, said Colin Jones, a law professor at Doshisha Law School in Kyoto. “I would expect it to be more difficult for foreign defendants to get bail,” Jones said. In Japan, suspects who deny the charges against them are often detained for long periods and subject to intense questioning without a lawyer present, a system critics call "hostage justice." Japanese civil rights groups and the main bar lawyers association have long criticized a system that convicts 99.9% of criminal defendants. They say it gives too much power to prosecutors, who can detain suspects for long periods before indictment, and relies too much on confessions, some later found to have been forced and false. Ghosn's escape is clearly a shock to Japan's legal establishment. "This case raises the extremely serious issue of whether it's all right to continue the trend toward bail leniency," said former prosecutor Yasuyuki Takai. "The legal profession and lawmakers need to quickly consider new legal measures or a system to prevent such escapes," Takai, who was formerly with the special investigation unit of the prosecutor's office, told public broadcaster NHK.

Nissan CEO Saikawa admits he was overpaid, in policy violation

TOKYO — Nissan Motor Co was embroiled in another scandal over executive pay on Thursday after Chief Executive Hiroto Saikawa admitted to being overpaid in violation of internal procedures under a scheme designed by ousted Chairman Carlos Ghosn. An internal investigation found that Saikawa and other executives had received improper compensation, a source with knowledge of the matter told Reuters, raising doubts about Saikawa's pledge to improve governance in the wake of Ghosn's arrest last year for alleged financial misconduct. Saikawa apologized and vowed to return any improperly paid money as he admitted to Japanese reporters earlier on Thursday that he had wrongly received stock-related compensation under "a scheme of the Ghosn era." "I am deeply sorry for causing concern," Saikawa said, according to Jiji Press. In other comments reported by Kyodo news, Saikawa denied any direct role in the execution of a stock appreciation rights (SAR) scheme and said he thought "proper procedures" had been taken. The improper payments, including tens of millions of yen Saikawa received through the SAR scheme, were disclosed on Wednesday at a meeting of Nissan's audit committee, said the source who declined to be identified because the information is not public. Disciplinary action regarding the issue would be discussed at an upcoming board meeting, the source added. Nissan said in a statement that the findings from its probe including issues related to the share appreciation rights would be submitted to its board on Sept. 9. The company has been trying to strengthen governance, slash costs and boost flagging profitability amid persistent allegations of financial misconduct stemming from Ghosn's 20-year reign at Japan's second-biggest automaker. Ghosn is awaiting trial in Japan over charges including enriching himself at a cost of $5 million to Nissan. Kyodo reported that proceedings could start as early as March. He denies any wrongdoing and says he is the victim of a boardroom coup. Confidence in Saikawa had already been shaken by accusations he was too close to Ghosn, whose arrest in November rocked the global auto industry and exposed tensions in the automaking partnership between Nissan and Renault SA.