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Carlos Ghosn's new lawyer, 'the Razor,' starts slashing

TOKYO — Carlos Ghosn's new lawyer took aim at Nissan, prosecutors and courts on Wednesday, dismissing the charges against the ousted chairman as an internal company matter and saying Japan was out of step with international norms by keeping his client in jail. "This should have been dealt with as an internal matter," Junichiro Hironaka, nicknamed the Razor, said at his first press briefing. Ghosn, who was arrested in November over alleged financial misconduct and remains in detention in a Tokyo jail, picked a new team last week with long-time defense attorney Hironaka as a key member to replace Motonari Otsuru, a lawyer who once ran the prosecutor's office investigating him. Hironaka's combative style contrasts with the low-key approach adopted by media-shy Otsuru. Ghosn's switch to an aggressive legal strategy came after his attempts to win bail failed and just before lawyers were due to sit down with prosecutors and judges for the first time to hash out a schedule for pre-trial discovery meetings, where prosecutors will reveal evidence and submit a list of witnesses. Hironaka said he didn't know why Ghosn picked him, but added that Ghosn probably wanted an experienced criminal lawyer as the case moved toward trial. The 73-year-old defense attorney is reputed for winning high profile cases, including the acquittal of a senior lawmaker, Ichiro Ozawa, on financial misconduct charges. He also helped free a senior bureaucrat Atsuko Muraki who was jailed for four months on corruption charges fabricated by prosecutors. Yet, even with greater legal firepower the former Nissan Motor Co boss faces a criminal justice system where only three out of every 100 defendants pleading not guilty are acquitted. Neither does Japan have a plea-deal mechanism that would allow Ghosn to agree to lesser charges for a lighter sentence. "The change in lawyers means a change in style, but the legal strategy will still be the same. I don't think it increases Ghosn's chance of an acquittal," said Masashi Akita, a defense lawyer at Shin-Yu Law Office in Osaka, ahead of Wednesday's comments by Hironaka. Ghosn has lost his perch atop an automotive alliance trio of French carmaker Renault SA and Japanese automakers Nissan and Mitsubishi Motors Corp. Attempts to win bail, including an offer to wear a GPS ankle bracelet and hire security guards to stop him trying to tamper with evidence, failed.

Trucks, SUVs drive U.S. October new vehicle sales

DETROIT — Major automakers posted mixed U.S. new vehicle sales in October on Wednesday, though America's love affair with high-margin pickup trucks and SUVs remained in full bloom as larger, pricier vehicles fared better than passenger cars. Auto industry publication WardsAuto put the seasonally-adjusted annualized rate (SAAR) for light vehicle sales in October at a robust level of 18 million units. But after a long boom cycle, carmakers are still ill-prepared for the slight decline in sales anticipated for full-year 2017 and have taken too few steps to trim production, said Doug Mehl, a partner in consultancy A.T. Kearney's automotive practice. "When you make a new vehicle, you have volume assumptions tagged to it, and who wants to be the guy who says, 'I'm going to make less of this really cool model'?" Mehl said. "But eventually the market is the reality, and it's going to force companies one way or other here." General Motors GM reported a sales drop of 2.2 percent for the month, with consumer sales down 6.6 percent. But sales of high-margin pickup trucks, sport utility vehicles and crossovers all rose. GM also cut its inventory of unsold vehicles — a source of concern for the market — slightly. The automaker has worked to reduce its volume of excess inventory, including through significant production shutdowns in the third quarter. GM had said its inventory would rise in October. "We are heading into the fourth quarter with good momentum, thanks to a strong U.S. economy and very strong pickup and crossover sales," said Kurt McNeil, GM vice president for U.S. sales operations. GM slightly reduced consumer discounts as a percentage of average transaction prices to 13.5 percent, from 13.7 percent in the third quarter. Industry experts believe consumer discounts above 10 percent of the average transaction price are unhealthy as they erode resale values and are unsustainable in the long term. Consultants J.D. Power and LMC said last week that based on preliminary October sales numbers, discounts have exceeded 10 percent in 15 of the past 16 months. Ford The U.S. auto industry posted record sales of 17.55 million vehicles in 2016. New sales received a strong boost in September as consumers replaced vehicles damaged in southeast Texas by Hurricane Harvey the previous month. Full-year 2017 sales are expected to be slightly lower than 2016.

Nissan, Kia under investigation over occupant detection systems

Kia and Nissan are facing separate investigations by the National Highway Traffic Safety Administration because of alleged problems with the occupant detection systems in their vehicles' airbags. The larger investigation is NHTSA's new engineering analysis into 986,826 Nissan and Infiniti vehicles. They include the 2013 Nissan NV200 and 2013-2014 Altima, Leaf, Pathfinder, and Sentra. Among the Infinitis, there are the 2013 JX35 and 2014 Q50 and QX60. Owners allege the occupant classification system can misidentify passengers and turn off the airbag if they don't weigh enough. Nissan recalled over a million vehicles worldwide last year to fix the same problem with a software update, but NHTSA kept getting complaints about the issue after the repair. The agency opened a preliminary evaluation in March, and after 1,271 complaints it has now been updated to an engineering analysis. The Feds intend to evaluate the effectiveness of Nissan's solution. NHTSA is also opening a preliminary evaluation into the 2007-2009 Kia Spectra for the occupant classification not working properly, and it could affect an estimated 186,000 of these vehicles. The government agency has 43 complaints from people allegedly reporting the failures. According to NHTSA, the issue could result in the airbag not deploying with enough force or not activating at all in an accident. This investigation is meant to assess the scope of the potential flaw, and there's no recall yet. INVESTIGATION Subject : Occupant Classification System Fault Date Investigation Opened: SEP 01, 2015 Date Investigation Closed: Open NHTSA Action Number: PE15031 Component(s): AIR BAGS All Products Associated with this Investigation Vehicle Make Model Model Year(s) KIA SPECTRA 2007-2009 Details Manufacturer: Kia Motors America SUMMARY: The Office of Defects Investigation (ODI) has received 43 complaints alleging a malfunction of the front passenger seat occupant classification system (OCS) in 2007-2009 Kia Spectra vehicles. The complaints report illumination of the SRS (air bag) warning light. All of the complaints allege the cause of the light illumination to be a malfunction of the OCS sensor mat imbedded in the passenger seat cushion, and/or report the presence of diagnostic trouble code B1448 which relates to the OCS sensor mat also. Many of the complaints note the malfunction occurred after the warranty period expired and mention high repair costs as a major deterrent to repairing the vehicle.