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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.

Renault board names Ghosn stand-ins, as tensions with Nissan increase

PARIS/TOKYO — French carmaker Renault tapped its chief operating officer and a senior board member to fill in for embattled boss Carlos Ghosn, after an investigation by alliance partner Nissan led to his arrest on suspicion of financial misconduct. Thierry Bollore, Ghosn's operational second-in-command, will become deputy chief executive, while lead independent director Philippe Lagayette assumes the function of interim chairman, Renault said after a board meeting late on Tuesday. But the board refrained from firing Ghosn while awaiting more detail on the allegations — in a decision that could also buy more time for an accelerated, permanent succession process. "Mr. Ghosn, temporarily incapacitated, remains Chairman and Chief Executive Officer," Renault said in a statement. "During this period, the board will meet on a regular basis under the chairmanship of the lead independent director." Ghosn, one of the car industry's best-known leaders, was arrested on Monday after Nissan said he had engaged in years of wrongdoing, including personal use of company money and under-reported earnings. The Japanese company plans to remove him as chairman on Thursday. The French government, Renault's biggest shareholder, had begun to distance itself from Ghosn, calling for new interim leadership before the meeting, as the Japanese investigation expanded to include Renault-Nissan alliance finances. "Carlos Ghosn is no longer in a position where he is capable of leading Renault," Finance Minister Bruno Le Maire said earlier in the day. "Renault has been weakened, which makes it all the more necessary to act quickly." Statements by Le Maire, Renault and its board all echoed French preoccupations over the future of the alliance first articulated by President Emmanuel Macron within hours of Ghosn's arrest on Monday. Following talks between Le Maire and his Japanese counterpart Hiroshige Seko on Tuesday, the ministers reaffirmed their "shared wish to maintain this winning cooperation." But in a sign that Nissan may now seek to loosen its French parent's hold on the partnership, the Japanese company informed Renault it also had evidence of potential wrongdoing at Renault-Nissan BV, the Dutch venture overseeing alliance operations under Renault's ultimate control, three people with knowledge of the matter told Reuters.

Tesla leads and Infiniti bleeds in Consumer Reports' satisfaction survey

According to Consumer Reports, Tesla owners are more likely to rave about their vehicles than any other brand. And we're not surprised — Tesla has performed very well in past customer satisfaction surveys, despite the fact that the electric cars themselves tend to have more problems than most other automobiles. Second place went to Lincoln, which interestingly had a higher cumulative score than Tesla in individual category measurements like comfort and storage space. Ram, a truck-only brand, rounded out the top three. The consumer-focused magazine bases its owner satisfaction score on responses to a very simple question: Would you buy this exact car again? The higher percentage of owners who answer "definitely yes" to that question, the higher the satisfaction score. Further breakdowns are scored for other parts of the ownership experience, which is why brands that rank poorly in Consumer Reports' own reliability charts — like Tesla and Lincoln, for example — can still earn top marks for satisfaction. The lowest-ranked brands for satisfaction are Cadillac, Nissan and Infiniti. Interestingly, Cadillac performed better than average in Driving and Comfort and middle-of-the-road in the In-Car Electronics and Cabin Storage, but like most other brands, scored poorly in Value. In fact, only Subaru, Mazda and Volkswagen scored better than average in Value. Nissan and especially Infiniti earned comparatively low marks across the board to go along with the bottom-of-the-barrel satisfaction score. Here's the full list of automakers from Consumer Reports' satisfaction survey, ranked in order from best to worst: Tesla Lincoln Ram Chrysler Subaru Hyundai Porsche Dodge Mazda Toyota Kia Mini BMW Ford Audi Honda Volvo Volkswagen Lexus Jeep GMC Chevrolet Mercedes-Benz Buick Cadillac Nissan Infiniti It's worth diving into the individual category scores in addition to the official finishing order for a full look at the results. For instance, despite the fact that automakers like Lincoln and Ford use similar infotainment systems, their In-Car Electronics scores don't quite match up. Also, some automakers have full lineups with multiple cars, trucks and SUVs while others offer just a couple of nameplates. Head on over to Consumer Reports for all the details. Looking for a reliable car, truck or SUV? Check out the top 10 vehicles that owners keep the longest.