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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, a year after arrest, still seeks trial date and access to evidence

TOKYO — A year after his arrest, Nissan ex-Chairman Carlos Ghosn remains stuck in Tokyo under stringent bail conditions and without a trial date as he seeks access to a trove of Nissan emails and other evidence to fight charges of financial misconduct. His lawyers have asked a court to grant access to 6,000 pieces of evidence collected from Nissan such as electronic communications, which they say is crucial for a fair trial, showed an Oct. 4 court filing seen by Reuters. The once-feted executive has spent 129 days in detention since his arrest shortly after his private jet touched down at a Tokyo airport on Nov. 19, 2018. He faces four charges — which he denies — including hiding income and enriching himself through payments to dealerships in the Middle East. Nissan sacked Ghosn, saying its internal investigations revealed misconduct ranging from understating his salary while he was its chief executive, and transferring $5 million of Nissan funds to an account in which he had an interest. An earlier court ruling allowed prosecutors to hand back evidence to Nissan during pretrial wrangling over witnesses and evidence similar to the U. S. discovery process. If prosecutors are "given the freedom to unilaterally delete the collected evidence and return it to relevant parties, this is equivalent to granting the investigative agencies the right to destroy evidence," showed the filing to the Tokyo District Court. The lawyers also asked the court to rescind the earlier ruling, saying some evidence could be erased by Nissan to protect confidential business information. They argued the "ruling deprives Mr. Ghosn of his right to receive a fair public trial by an impartial court," as it enabled prosecutors to view and use the evidence and withhold it from the defense. Prosecutors are not required to hand over all evidence they or the police gather during investigations unless ordered by the court, unlike in the U.S. discovery process where prosecutors and defense lawyers disclose the evidence they intend to present in court. A spokeswoman for the Tokyo prosecutors' office said the office could not comment on individual cases. A Nissan spokeswoman declined to comment. Ghosn's lawyers have also asked the court to dismiss all charges against him, accusing prosecutors of colluding with government officials and Nissan executives to oust him to block any takeover of the automaker by French alliance partner Renault SA, of which Ghosn was also chairman.

Chrysler, Nissan minivans earn 'dire' crash test results, says IIHS [w/video]

First introduced in 2012, the Insurance Institute for Highway Safety's small-overlap frontal crash test has become the bane of many auto engineers' existence. It's a particularly steep design challenge because it forces just 25 percent of a vehicle's front end to take the brunt of a 40-mile-per-hour impact. The newly released results of four family-minded minivans underscore just how difficult the crash test is: only one scored an Acceptable rating, and the other three did very poorly. The 2008-2015 Chrysler Town & Country and Dodge Grand Caravan, plus the 2011-2015 Nissan Quest, all received Poor ratings in the test, the IIHS' lowest possible score. The three of them showed significant crash intrusion into the driver's area. The dummy in the Nissan actually had to be cut out of the vehicle, with an IIHS spokesperson remarking, "the structure collapsed like a house of cards." In the Fiat Chrysler Automobile vans, the steering wheels moved out of the way, making the airbag less effective and letting the driver's head hit the dashboard. While it was not actually crashed, the agency is also giving the 2009-12 Volkswagen Routan a Poor score because it shares a structure with the FCA models. The newly released results of four minivans underscore just how difficult the small-offset crash test is. The refreshed 2015 Toyota Sienna (shown), conversely, earned an Acceptable rating and is also a Top Safety Pick+ because of its optional forward collision warning and automatic braking system. While the crash test dummy moved around during the impact more than the agency would have liked, sensors showed a low risk of injuries. The IIHS tested the Honda Odyssey last year, and it earned a Good overall score, the agency's best ranking. It's also a Top Safety Pick+ vehicle. The only member of the minivan segment left to test is the latest Kia Sedona, and the Institute is reportedly waiting a little longer for Kia to make changes to improve the model's performance. When reached for comment, Nissan spokesperson Steve Yaeger provided Autoblog with the following statement: "Nissan is committed to vehicle safety and believes that consumers should have information about crash protection so they can make educated buying decisions. Nissan is proud of the 2014 Quest's "good" rating in the IIHS front moderate overlap and side impact tests as well as a "good" head restraint rating.