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Japan prosecutors seek 2 years in prison for ex-Nissan exec Greg Kelly

TOKYO — Japanese prosecutors demanded two years in prison for former Nissan executive Greg Kelly and accused him of joining a “conspiracy” to pay his former boss Carlos Ghosn illicitly in closing arguments Wednesday in a yearlong trial. “That unpaid compensation existed is clear,” prosecutor Yukio Kawasaki told the Tokyo District Court, reading briskly from a thick document. Kelly, a 30-year veteran at the Japanese automaker, was living in the U.S. when he was arrested in November 2018 upon returning to Japan to attend a meeting. The first American to be appointed to NissanÂ’s board, Kelly says he is innocent. He sat calmly in the courtroom, wearing his usual red tie and dark suit, alongside defense lawyers. Everyone in the courthouse was wearing a mask because of the pandemic. Kelly told The Associated Press in an interview last month he did not know all the details of GhosnÂ’s pay. He was determined to retain Ghosn, Nissan's former chairman, because of his extraordinary management skills and wanted to pay him in a legal way, he said. Ghosn was arrested at the same time as Kelly and also maintains he is innocent. He skipped bail in late 2019 and fled to Lebanon, the country of his ancestry. It has no extradition treaty with Japan. The charges center around a pay cut of about 1 billion yen ($10 million) a year that Ghosn voluntarily started taking from 2010, halving his pay after disclosure of high executive pay became mandatory in Japan. Nissan Motor officials considered various ways to make up for the money Ghosn gave up, such as paying him consulting fees after retirement. They also mulled other methods such as payments through subsidiaries and stock options. Nothing had been paid at the time of the arrests. The contention is over whether that money should have been reported as compensation as a de facto promised sum under a binding contract, or didnÂ’t need to be disclosed until it was finalized. Ghosn has said a group at Nissan engineered his arrest because they feared that French automaker Renault, which owns 43% of Nissan, would gain more control over the company. Other Nissan officials made similar comments during KellyÂ’s trial. Renault sent Ghosn to Nissan in 1999 to lead its rescue from the brink of bankruptcy. He successfully steered the maker of the Leaf electric car and Infiniti luxury models for nearly two decades.

Autoblog Podcast #318

Toyota back on top, Barrett Jackson, Crowdsourcing your Dodge Dart payments, Nissan and Toyota double down on pickups
Episode #318 of the Autoblog Podcast is here, and this week, Dan Roth, Zach Bowman and Michael Harley talk about Toyota regaining the No. 1 sales crown, getting your friends and family to buy you a Dodge Dart, Barrett-Jackson, and Toyota and Nissan remaining committed to their pickup trucs. We wrap with your questions, and for those of you who hung with us live on our UStream channel, thanks for taking the time. Keep reading for our Q&A module for you to scroll through and follow along, too. Thanks for listening!
Autoblog Podcast #318:

Nissan owners complain to feds about rusting floors

"You can feel it's soft right here," Jeff Talman told KSHB. "Right under his driver and passenger seats, the floorboards were rusting from the inside out," a KSHB reporter said. "This is a seven-inch area where it's actually rotted up here," Talman said. That was Jeff Talman, just one of many who have had issues with rusting floorboards in Nissan Altimas. KSHB reported the National Highway Traffic Safety Administration has received more than 400 complains about rust issues in 2002-2006 models. NBC highlighted a Chicago woman's 2005 car, which had rusted so much the floorboards were actually crumbling. "The hole was big enough to fit her foot through," NBC reporter Tom Costello said. "I'm not Fred Flintstone. This is not a good thing," Marie DeMaria said. While NBC reports snow and road salt could account for rust damage in some vehicles, that's probably not the cause in places that don't get snow and ice. And complaints are coming in from all over the country. Both Toyota and Ford have recalled hundreds of thousands of vehicles in the past few years because rusting underbody parts made the vehicles fall apart. Despite the number of complaints, Nissan isn't recalling the Altima vehicle models in question. "It's not a safety recall problem that's going to cause immediate death and injury if you have a hole in the floor. As a result of that, what we've seen is that Nissan has been able to get away with this problem," auto safety expert Sean Kane told WBZ-TV. KSHB reports the age of the cars is another way Nissan is able to avoid covering cost to fix them. "Once it's out of the warranty period, obviously they don't have any legal obligation. It becomes more of a customer service issue of whether they want to deal with it or not," body shop owner Bill Eveland said. NBC did reach out to Nissan for comment, but the carmaker reiterated that both it and the National Highway Traffic Safety Administration do not consider the rust problem to be a safety defect. This video includes an image from Getty Images.