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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.

Chevy Volt sales surge with 2016 model, Nissan Leaf continues Autumn fall

The Nissan Leaf and Chevy Volt have been locked in sales combat since they arrived within a short distance of each other way back in 2010, and we continue to follow that fight closely. Though both vehicles approach driving efficiency from a different angle, they each have plugs and owners put a surprisingly similar number of electric miles on them. With the launch of its 2016 model, the Bowtie brand now appears to have the upper hand, clocking in a solidly improved performance for the month of October. According to GM's sales charts, the Chevy Volt made it into the loving embrace of 2,035 buyers last month. That's up a whopping 41 percent over the same period in 2014, and more than a 100 percent improvement from the 949-unit result in September. Now, we don't know how many of these were 2015 models and how many were the all-new 2016 edition. Dealers are, no doubt, incentivized to move the old inventory, and the latest and greatest is still only available in a limited number of states. Breaking out the sad trombones, Nissan recorded a mere 1,238 units moved in October. That's down 52.2 percent from the same month in 2014. That's also nine fewer examples than last month. Despite its recent sales travails, the Leaf still leads the calendar-year-to-date figures by a commanding 14,868 to 11,299 tally. We imagine the Japanese manufacturer is counting on an improvement in the situation once the 2016 model, with its larger, optional 30 kWh battery becomes available. You can compare these two stalwarts with the rest of the green-vehicle field in our By The Numbers post due out tomorrow. Green Chevrolet Nissan Electric Hybrid ev sales hybrid sales volt

Tesla exec calls rival EVs 'little more than appliances'

Tesla's Vice President of Business Development Diarmuid O'Connell called the company's competition "little more than appliances" at the Center for Automotive Research's Management Briefing Seminars in Traverse City, MI yesterday. "In essence, [mainstream automakers] delivered little more than appliances," O' Connell said. "Now, appliances are useful. But they tend to be white. They tend to be unemotional." According to Automotive News, O'Connell's main critique is that vehicles like the Nissan Leaf and BMW i3 don't deliver enough performance or range to draw the attention of consumers outside of a small group. The solution, in O'Connell's mind, is more power, more range, more excitement and a lower price – that last point is particularly rich coming from an automaker whose cheapest current offering, the Model S 60, costs $66,000 – although the cheaper Model 3 is on the horizon, way out there, somewhere. But some EVs are better than none, O'Connell added. "On balance, I'm happier that [traditional automakers are] doing these cars than not," O'Connell said. "I just wish they would do them better and faster." O'Connell also used his appearance at the Management Briefing Seminars to launch a volley at the Michigan legislature, blaming its opposition to Tesla's direct-sales model for the lack of available EVs in the Wolverine State. "I think if the Michigan Legislature would allow Tesla to sell cars in Michigan, we could probably address [the lack of available electric cars]," O'Connell said. Related Video: