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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.

Carlos Ghosn launches initiative to help his native Lebanon

BEIRUT — Former Nissan Motor Co. Chairman Carlos Ghosn made a new public appearance in Lebanon Tuesday during which he launched an initiative with a local university to help the country that is undergoing a severe economic and financial crisis. It is GhosnÂ’s second appearance in public since he was smuggled from Japan in late December to his ancestral Lebanon. In early January, Ghosn gave a news conference in Beirut saying he fled because he could not expect a fair trial, was subjected to unfair conditions in detention and was barred from meeting his wife under his bail conditions. Ghosn declined to elaborate about the details of his arrival in Lebanon, saying it happened in “dramatic circumstances” and also refused to answer questions regarding two Americans who allegedly helped him flee Japan to Lebanon through Turkey. He also refused to talk about former Nissan executive Greg Kelly, who is standing trial in Japan. Ghosn said that the initiative with the Maronite Christian Holy Spirit University of Kaslik, USEK, titled "Moving Forward," aims to launch a top executive management program, a training center on new technologies and to support startups. “The objective is obviously serving this institution ... but also serving the country and the society,” Ghosn said in an opening speech. “If there is one specific thing that Lebanon needs it is create jobs.” “When we are developing top management, we are developing people strong enough to carry companies through this difficult time, to grow a company and to create jobs,” Ghosn said. Lebanon is mired in the countryÂ’s worst economic and financial crisis in its modern history. It defaulted on paying back its debt for the first time ever in March, and the local currency has collapsed, leading to hyperinflation and soaring poverty and unemployment. Talks with the International Monetary Fund on a bailout package have stalled. The economic and political crisis deepened after an Aug. 4, blast in Beirut that killed and wounded many and caused damage worth billions of dollars. Many Lebanese consider Ghosn as one of the countryÂ’s heroes in the diaspora who succeeded in turning troubled car companies in France and Japan into profit making ventures. Some have suggested that Ghosn should be given a governmental post in Lebanon to get the country that is notorious for corruption and mismanagement out of its troubles.

GM, UAW poaching Nissan workers in Tennessee

General Motors and the United Auto Workers are going on a recruitment drive at the Spring Hill factory in Tennessee, and they're hoping to poach some skilled workers from Nissan's nearby plant in Smyrna, TN. The General and the union even bought a billboard advertising for industrial electricians near the Japanese automaker's facility, according to the Daily News Journal. The reason for the billboard was simple. "GM was short of electricians," said Tim Stannard, the president of the UAW local at Spring Hill, to the Daily News Journal. The factory currently builds the Chevrolet Equinox but has a contract to assemble the next generation of Ecotec engines and the Cadillac XT5, which replaces the SRX. Thanks to the $185-million deal, employment there is expected to double by May 2016, according to Stannard, with roughly 1,800 additional union jobs. Beyond just several billboards, GM has job postings online for the Spring Hill plant looking for workers with specific skills. There has already been some interest in the positions among Nissan employees, Stannard indicated. According to a recent study by the Center for Automotive Research, the average GM worker currently makes $58 an hour, including benefits. Comparatively, Nissan pays an average of $42 an hour with benefits. The General's number could change in the coming weeks because its contract with the UAW is about to expire, and higher wages are among the major negotiating points.