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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.

Recharge Wrap-up: Cruz defends ethanol stance, Bloomberg gets EV numbers wrong?

Republican presidential hopeful Senator Ted Cruz is defending his stance against ethanol subsidies in an opinion piece in The Des Moines Register. In the piece, Cruz says he doesn't oppose ethanol, but opposes mandates and subsidies, favoring a "free and fair energy marketplace," and an "'all of the above' policy." "We should embrace all of the energy resources with which God has blessed America: oil and gas, coal, nuclear, wind, solar, and biofuels and ethanol," says Cruz, "But Washington shouldn't be picking winners and losers." To farmers' benefit, Cruz says he would enforce antitrust laws against those who try to keep ethanol out of the marketplace, and fight the EPA's hard blend walls prohibiting higher amounts of ethanol in gasoline. Read Cruz's article at The Des Moines Register, and read more from The Washington Times.Hybrid Cars calls out Bloomberg Business in a post saying it used inaccurate data in a piece highlighting dim plug-in sales. While the Bloomberg article, titled "Plug-in Electric Autos Left Behind in Record Year," accurately points out a slower year for EVs, it claims sales slipped 17 percent in 2015. According to data from Hybrid Cars, that decline was just 2.88 percent. Hybrid Cars claims that Bloomberg lumped a number of PHEVs with regular hybrids when it calculated the faulty data. Read more about the discrepancy and the more realistic picture of EV sales at Hybrid Cars.The National Biodiesel Board has hired Sandra Franco as general counsel. The Georgetown University Law Center graduate gained experience in environmental litigation during her time as a partner at the Morgan Lewis Law Firm. "There isn't an attorney in the country who knows renewable fuels law better than Sandra Franco, and we are thrilled to have her join our team," says National Biodiesel Board CEO Joe Jobe. "Sandra is a tremendously skilled and seasoned attorney who will help us ensure that the US biodiesel industry has a strong voice and expert counsel in Washington as well as on legal and regulatory issues across the country." Read more at Crop Protection News.Nissan and Infiniti will use Microsoft Azure to power the Connect Telematics System (CTS) for the Nissan Leaf and Infiniti cars in Europe. CTS allows a remote connection to the car, enabling customers to perform a variety of functions from afar. This includes adjusting climate control and programming charging from a smartphone.

Recharge Wrap-up: Mitsubishi Outlander PHEV Finishes AXCR, Nissan Leafs drive 528 million collective miles

The Mitsubishi Outlander PHEV has successfully completed the Asia Cross Country Rally 2014. The plug-in Mitsu finished first in the EV class, and 14th overall, clocking in at 19 hours, 17 minutes and 12 seconds. For its second year in the competition, the Outlander PHEV used a new suspension with more ground clearance to help it tackle the race's treacherous terrain. Besides the glory of taking on the challenging competition, the rally helped Mitsubishi gather valuable data for EV development. The race took place over 1,367 miles of varied terrain from Thailand to Cambodia. Read more at Hybrid Cars, or visit Mitsubishi UK's Facebook page. Nissan Leaf drivers have driven more than 528 million miles worldwide. That accounts for a reduction of 150,000 tons of carbon dioxide emissions since the EV's 2010 launch. Nissan projects that Leaf drivers will surpass a collective 1 billion electric kilometers (621 million miles) by January 2015, or perhaps even sooner if sales keep increasing. The mileage data was collected through the car's CarWings telemetry. Read more at Green Car Congress. 40 percent of luxury cars will be powered by some form of electrification by 2030, according to Audi. Whether it's battery-electric, hybrid, or plug-in hybrid, electrons will be doing their share to get the well-heeled from place to place. According to an article at The Sydney Morning Herald, PHEVs are "the most promising option." The BMW i8 is a fine example, as is the Porsche Panamera S E-Hybrid, and Audi and Mercedes-Benz have plug-in plans of their own. Lexus, not so much. Read more at The Sydney Morning Herald. PGA golfer Hunter Mahan has taken delivery of a BMW i3 he won by scoring a hole-in-one. BMW offered a free, all-electric i3 to the first player to score a hole-in-one in the 2013 BMW Championship at Conway Farms Golf Club, which Mahan did on the 17th hole. The BMW Championship raised money for Evans Scholars Foundation. BMW Hole-in-One Scholar Melyzjah Smith, who was awarded a full four-year college tuition and housing scholarship in honor of Mahan's slick shot, was on hand to meet the golfer as he received his i3. Read more in the press release below. Uber has hired President Obama's 2008 campaign manager as its senior vice president of policy and strategy. David Plouffe will help the ride-hailing app navigate government policy and relations. The Taxicab, Limousine and Paratransit Association didn't think the move was a good one.