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Carlos Ghosn was on verge of release — so prosecutors file new allegation

TOKYO — Japanese prosecutors added a new allegation of breach of trust against Nissan's former chairman Carlos Ghosn on Friday, dashing his hopes for posting bail quickly. Ghosn and another former Nissan executive, Greg Kelly, were arrested Nov. 19 and charged with underreporting Ghosn's income by about 5 billion yen ($44 million) in 2011-2015. They also face the prospect of more charges of underreporting Ghosn's income for other years by nearly 10 billion ($80 million) in total. The breach of trust allegations were filed a day after a court rejected prosecutors' request for a longer detention of both men. The new allegation only applies to Ghosn, and Kelly could still be bailed out. A request for bail by Kelly's lawyer is pending court approval, according to the Tokyo District Court, but his release will have to wait until next week since the request was still in process after office hours Friday. Prosecutors in a statement Friday alleged that Ghosn in 2008 transferred a private investment loss worth more than 1.8 billion yen ($16 million) to Nissan by manipulating an unspecified "swap" contract. Ghosn also profited by having the company transfer a total of $14.7 million to another company to benefit himself and that company's owner, who helped in the contract manipulation, prosecutors said. Shin Kukimoto, deputy chief prosecutor at the Tokyo District Prosecutors Office, refuse to say if the two transactions were related or how Ghosn illegally profited. He also declined to identify the collaborator or whether the transactions were made overseas. Ghosn and Kelly are only charged with underreporting Ghosn's pay over five years, in violation of the Financial Instruments and Exchange Act. They have not been formally charged with an additional allegation of underreporting another 4 billion yen ($36 million) for 2016-2018, for which their first 10-day detention was to expire Thursday. Prosecutors have been criticized for separating the allegations as a tactic to detain Ghosn and Kelly longer. They say Ghosn and Kelly are flight risks. The maximum penalty for violating the financial act is up to 10 years in prison, a 10 million yen ($89,000) fine, or both. Breach of trust also carries a similar maximum penalty. The conviction rate in Japan is more than 99 percent for any crime. Ghosn was sent by Renault in 1999 to turn around Nissan, then on the verge of bankruptcy, and he led its rise to become the world's second-largest automaker.

U.S. will extradite father and son charged in Ghosn escape to Japan

BOSTON — An American father and son accused of helping former Nissan Chairman Carlos Ghosn flee Japan are being handed over on Monday to Japanese authorities for extradition from the United States, a person familiar with the matter said. The U.S. Supreme Court last month cleared the way for the extradition of U.S. Army Special Forces veteran Michael Taylor and his son, Peter Taylor, who are accused of helping Ghosn flee Japan while he was awaiting trial on financial charges. The Taylors, who have been in U.S. custody since their arrest in May, left the jail early on Monday to be flown to Japan, according to the person. Defense attorney Paul Kelly did not respond to a request for comment but told the Associated Press that the men had been turned over for extradition. The U.S. Justice Department declined to comment. They were charged last year with helping Ghosn flee Japan on Dec. 29, 2019, hidden in a box and on a private jet before reaching his childhood home, Lebanon, which has no extradition treaty with Japan. Ghosn was awaiting trial on charges that he had engaged in financial wrongdoing, including by understating his compensation in Nissan's financial statements. Ghosn denies wrongdoing. Prosecutors said the elder Taylor, a 60-year-old private security specialist, and Peter Taylor, 27, received $1.3 million for their services. The Taylors waged a months-long campaign to press their case against extradition in the courts, media, State Department and White House with the aid of a collection of high-powered lawyers and lobbyists. The Taylors' lawyers argued unsuccessfully in U.S. courts that their clients could not be prosecuted in Japan for helping someone "bail jump" and that, if extradited, they faced the prospect of relentless interrogations and torture. Related Video: This content is hosted by a third party. To view it, please update your privacy preferences. Manage Settings. CES 2020 and Carlos Ghosn | Autoblog Podcast #609

Carlos Ghosn takes a walk in a park, as lawyer apologizes for disguise

TOKYO — Former Nissan chairman Carlos Ghosn was seen walking in a Tokyo park on Friday, two days after his release in a strange disguise from a Japanese detention center. Ghosn, this time in sunglasses and a Stanford baseball cap (his daughter Caroline's alma mater), was spotted outdoors twice on Friday, strolling outside in the crisp March air. He and several others, believed to be his wife and daughters, visited a downtown Tokyo garden as members of the media trailed them and watched. The intense media attention was what led Ghosn's lawyers to suggest he leave the Tokyo Detention Center after his release on bail Wednesday in a laborer's outfit of cap, surgical mask and high-visibility vest, attorney Takashi Takano said. Many were baffled by the somewhat transparent disguise, which has riveted Japanese tabloid media. One TV show re-enacted his departure. Takano said in a blog post that he took full responsibility for what he called the "theater of disguise." He apologized for its failure. The outfit was confusing but didn't deter media from tracking the small van he traveled in after his release, in a spectacle broadcast live on television. "My immature plan, as a result, has tarnished the reputation that he has devoted his whole life to build," Takano said of his client. Takano asked the media to respect Ghosn's privacy. That plea appeared to go unheeded as cameramen closely followed the celebrity executive as those walking with him stared straight ahead in apparent annoyance. Ghosn, who headed the Renault-Nissan-Mitsubishi Motors alliance, has been charged with falsifying financial reports, under-reporting his income and breach of trust in having Nissan Motor Co. shoulder personal investment losses and make payments to a Saudi businessman. He says he is innocent and that the income allegedly under-reported was never paid or decided, that Nissan never suffered the investment losses and the payments were for legitimate services. In Japan, suspects are routinely kept in detention until preparations for their trials are ready, meaning they are often detained for months. The court rejected two earlier requests by Ghosn for bail. Ghosn led Nissan for two decades, saving the Yokohama-based automaker from near bankruptcy. He was arrested on Nov. 19.