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Facts point to legal violations by Carlos Ghosn, says Nissan external review

YOKOHAMA, Japan — An external committee reviewing governance at Nissan Motor Co said on Wednesday there were enough facts to suspect violations of laws and the private use of company funds by ousted chairman Carlos Ghosn. Following a three-month audit of Nissan's governance after a scandal that shook the global auto industry, the committee put the blame squarely on what it called Ghosn's concentration of power. It also acknowledged Nissan CEO Hiroto Saikawa's role in Ghosn's salary arrangement at the heart of the scandal. Twenty years to the day since French automaker Renault SA agreed to rescue Nissan, the committee described a corporate culture at Nissan "in which no one can make any objections to Mr. Ghosn," who was "in a way deified within Nissan as a savior who had redeemed Nissan from collapse." A representative for Ghosn replied in a statement that the allegations made against the former Nissan chairman "will be revealed for what they are: part of an unsubstantiated smear campaign against Carlos Ghosn to prevent the integration of the Alliance and conceal Nissan's deteriorating performance." The group issued 38 recommendations to bolster Nissan's governance, including that top executive positions at the Japanese car maker should not be held by people serving in executive positions at Renault or junior partner Mitsubishi Motors. It also proposed that the majority of directors, including the chairman of the board, be independent, outside directors and that the role of company chairman be abolished. Responding to the committee's comments, Saikawa told reporters on Thursday that Nissan would seriously consider the committee's recommendations, which he characterized as "tough." Saikawa, who was speaking outside his home, did not specifically address his responsibility in the scandal but has previously said that top management, including himself, were responsible for weak governance which led to the misconduct. The recommendations from the external, seven-member committee came weeks after Nissan and Renault said they would retool their alliance, one of the world's biggest automaking groupings, to break up the all-powerful chairmanship previously held by Ghosn. "There are facts sufficient to suspect violations of laws and regulations, violation of internal rules and private use of company funds and expenses ... by Mr. Ghosn," the committee said in its report.

Carlos Ghosn: What misconduct is he accused of?

TOKYO — Japan was shocked by news that Nissan Motor Co. Chairman Carlos Ghosn, who was widely respected for rescuing the carmaker from near bankruptcy, was arrested on Monday for alleged financial misconduct. Nissan said that Ghosn, who is also chairman and CEO of Renault and chairman of Mitsubishi Motors, would be fired from his post as Nissan chairman on Thursday. What is Carlos Ghosn accused of? Nissan CEO Hiroto Saikawa told a packed press conference on Monday night that the company had found that Ghosn had been using corporate money for personal purposes and under-reporting his income for years in official company filings to the Tokyo Stock Exchange. Another board member, Greg Kelly, was also deeply involved in the misconduct, Nissan said. Saikawa said he couldn't elaborate as the cases are being investigated by prosecutors, who have declined to comment. Prosecutors said that Ghosn and Kelly conspired to understate Ghosn's compensation over five years starting in fiscal 2010 as being about half of the actual 9.998 billion yen ($88.9 million). Public broadcaster NHK said Nissan paid billions of yen to buy and renovate homes for Ghosn in Rio, Beirut, Paris and Amsterdam, citing unnamed sources. The properties had no business purpose and were not listed as benefits in TSE filings, NHK said. Ghosn, 64, has not been formally charged. The Asahi newspaper reported that he and Kelly had submitted to prosecutors' questions after getting off a plane on Monday afternoon at Tokyo's Haneda Airport. Saikawa confirmed they had been arrested. Ghosn and Kelly have not been seen since, and their exact whereabouts are not known. Suspects are typically taken to the Tokyo Detention Center, which is linked to the Tokyo District Public Prosecutors Office. How did this come to light? Nissan's Saikawa said Ghosn's alleged improprieties came to light through a whistleblower, after which the company began an internal investigation and informed prosecutors. Japanese media reports say the informant is a member of Nissan's legal department. The Asahi reported, without citing sources, that the informant gave the prosecutors information in a plea bargain, implying the person may have provided evidence in exchange for a lighter sentence. How much control did Carlos Ghosn have? After becoming CEO of struggling Nissan in 2001, Ghosn was hailed as the automaker's savior by implementing an aggressive cost-cutting plan.

Recharge Wrap-up: Nissan Leaf in Puerto Rico, BMW i3 REx tax-free in NJ, BC2BC cancelled [UPDATE]

*UPDATE: Nissan has released a video of the Leaf in Puerto Rico, so we've embedded it below. Envia Systems will develop battery technology for United States Advanced Battery Consortium (USABC), a subsidiary of the United States Council for Automotive Research (USCAR). The $7.7 million contract, co-funded by the US Department of Energy (DOE), involves a 36-month development program focusing on high-energy cathode and anode material for lithium-ion batteries and pouch cells for electric vehicles. The goal, of course, is to create better energy storage for less money in an effort to make commercial EVs more efficient and affordable. For the DOE, this also equates to energy security, energy independence and national security. Read more in the press release at the bottom of the page. The US and China have agreed to work together more closely on EVs, energy and climate issues. US Secretary of Energy Ernest Moniz went to Beijing for the sixth US-China Strategic and Economic Dialogue to meet with leaders. While there, Moniz and Wu Xinxiong of China's National Energy Administration (NEA) signed a memorandum of understanding allowing the DOE and NEA to share information regarding oil reserves. The groups will meet yearly to learn more about how each other manages petroleum stockpiles and policy. Moniz also met with Minister Miao Wei of the Chinese Ministry of Industry and Information Technology and signed an MOU to cooperate on electric vehicles and "related technologies," including the "inter-operability of electric vehicles." Read more at the Energy Department website. August's BC2BC all-electric vehicle rally, billed as the largest gathering of electric vehicles, has been cancelled. The event, which was to include a drive up the entire coast from Mexico to British Columbia with smaller events along the route, failed to bring in the needed sponsorship to hold the rally for its third year. A Facebook post from organizer Tony Williams also cited loss of venue and lack of support from automakers - "particularly Nissan and Tesla" - as hardships. The event was scheduled to take place August 9 through 17, with only battery electric vehicles invited to take part - no plug-in hybrids or range-extended vehicles. Williams said he'd only try a similar event in the future if sponsorship were provided up front. Read more at Green Car Reports. The Nissan Leaf will finally go on sale in Puerto Rico.