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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.

Nissan recalls 226k vehicles over airbag inflators

Nissan and Infiniti are the latest automakers to issue recalls involving faulty airbag inflators from Takata. The Japanese automakers have announced campaigns covering about 226,326 units from seven models built in the early 2000s because they contain the bad part in the passenger-side, front airbag. The affected vehicles include the 2002-2004 Nissan Sentra, 2002-2003 Pathfinder and 2002-2003 Maxima, and it also covers the 2002-2003 Infiniti QX4, 2002-2003 I35, 2003 FX45 and 2003 FX35.
Like the other vehicles with the faulty inflators, it's possible for the part to rupture during airbag deployment and spray metal shrapnel at occupants. Nissan and Infiniti have even included vehicles with replacement airbags in this campaign because those parts also could have been defective. Both companies were also part of the earlier regional campaign to fix cars in high-humidity climates where the problem has been found to be the worst.
As is the usual response, Nissan and Infiniti will notify owners of the affected vehicles and will make the repair at no charge. According to the filing with the National Highway Traffic Safety Administration, these fixes will commence around August 11. Scroll down to read the report from NHTSA, or read the full defect notice as a PDF, here.

To survive in India, a diminished Nissan bets big on a small SUV

NEW DELHI — By any measure, Nissan has had a dreadful run in India. A push to revive its lower-end Datsun brand flopped, sales have slumped 60% over the past five years, and its sole plant in the country is operating way below capacity. But the amount of money and energy that Nissan — battered by scandal and expecting a record $4.5 billion annual operating loss worldwide — will spend to turn its fortunes around in India will hinge on the sales of one vehicle, its new Magnite compact SUV. The SUV may also determine how much heft Nissan will wield as it and alliance partner Renault thrash out their respective roles in the Indian market. Unveiled this month and due to be launched either late this year or early 2021, the Magnite will be Nissan's first new vehicle in India in two years. It's expected to have a 1.0-liter three-cylinder engine with 72 horsepower, and a turbocharged version of that engine making 100 horsepower. It will have features such as an 8-inch touchscreen, cruise control, and a 360-degree camera. Moreover, it will be just one of three Nissan-branded models in the market after two others were pulled in April when tougher emission rules kicked in. "Magnite will buy Nissan a couple of years to figure out a plan for India and the SUV's success will determine whether it invests more or scales down operations," said one source. A second source called the sport-utility vehicle Nissan's "last hope" to revive the brand in India. Japan's No. 2 automaker has, however, no plans to withdraw from India, where it has invested over $800 million, and discussions about strategy are ongoing, the sources said. They were not authorized to speak to media and declined to be identified. The Datsun brand is likely to be phased out as part of a global overhaul, they added. Nissan's only other models in India are three Datsun cars. Nissan said in a statement to Reuters it is committed to the Indian market and has a well-defined strategy for "a sustainable and profitable business". It declined to comment on sales goals for the Magnite.   Who will lead? Nissan's internal plans call for sales of 1,500 to 2,000 Magnites a month, the first source said — which if realized would exceed the average India monthly sales it achieved last business year with seven models. The SUV will be priced "aggressively," the sources said without elaborating.