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How a powerful Nissan insider brought down Carlos Ghosn

Hari Nada   We may never truly know all the corporate skullduggery that went on at Nissan to get former boss Carlos Ghosn arrested and incarcerated in Japan, a country he ultimately fled in a box in what may be the greatest escape caper in corporate history. Nor may we ever truly know which accusations against Ghosn are or are not true. But Bloomberg News thinks it has a pretty good fix on the mastermind of the putsch, a Nissan senior vice president named Hari Nada. Nada, Bloomberg says, is "an insider known for his aggressive tactics and fondness for Marlboros, French cuff shirts and strong cologne." In a 4,600-word investigative piece, Bloomberg dials in on Nada, 56, as having directed other senior executives in a plot to bring down Ghosn, starting a year before his arrest in Tokyo. "The aftermath has been messy," Bloomberg puts it mildly, with Nissan losing billions of dollars, its management in disarray, and the alliance with Renault and Mitsubishi strained to the limits. The fortunes of the three automakers were sent reeling, with the coronavirus pandemic piling on. For his part, Ghosn is living in Lebanon as an international fugitive. Nada's role was basically as chief of staff to Ghosn, a position from which he could see that the chairman intended to strengthen the alliance, bringing the players together in one holding company. Nissan executives have long resisted closer ties and chafed at the company's junior-partner relationship with Renault, though ironically Ghosn's plan would have brought Nissan more of the parity it has always craved. Ghosn also wanted to expand, possibly by a merger with Fiat Chrysler Automobiles.  Among Bloomberg's new discoveries: Nada arranged to have Ghosn's corporate email hacked, unbeknownst to key IT personnel or Nissan's CEO. This began months before Nada began working with prosecutors in a secret deal that afforded him immunity. Jose Munoz, a former Nissan exec and ally of Ghosn's, feared arrest — and refused to Tokyo when summoned — after being tipped off by the U.S. and Spanish ambassadors to Japan. Munoz is now chief operating officer at Hyundai. Top Nissan corporate counsel Ravinder Passi says he was retaliated against after raising complaints against Nada to Nissan's board. He says Nissan initiated a police raid of his home, which Bloomberg has on video. Nada purged other executives deemed rivals or disloyal and apparently became quite unpopular.

Nissan reportedly rejecting Renault proposal for closer ties

TOKYO — Nissan Motor Co Ltd will reject a management integration proposal from French partner Renault SA and will call for an equal capital relationship, the Nikkei newspaper said on Monday, citing sources. Nissan's management feels the Japanese company has not been treated as an equal of Renault under existing capital ties, and a merger would make this inequality permanent, the Nikkei reported. The outlook for the alliance — one of the world's top automaking partnerships — has been in focus since the arrest in November of its main architect, Carlos Ghosn, on charges of financial misconduct. The former Nissan and Renault chairman has denied the charges against him and has said he was the victim of a boardroom coup by Nissan executives opposed to closer ties. To which, Bloomberg reported that it has seen emails in which Nissan executives were working with Japanese government officials to defend the company's independence, as Ghosn was pushing for a full merger. The emails indicate growing concern at high levels of the Japanese government, in the months before Ghosn's arrest, that his merger efforts would boost Renault and its largest shareholder, the French government, and harm Nissan, in a relationship the Japanese already saw as lopsided. The emails indicated a desire to keep the existing structure of the alliance with a "re-balancing of the shareholding" to reduce Renault's 43 percent stake in Nissan, and stated that Nissan's independence "should be respected." Nissan declined to comment directly on the emails, while reiterating that misconduct by Ghosn and his former aide, Greg Kelly, is "the sole cause of the chain of events." Renault saved Nissan from the brink of bankruptcy two decades ago and under their current capital alliance, the French company holds greater control over its much larger partner. Nissan Chief Executive Hiroto Saikawa declined to say whether the company had received a merger proposal from Renault. "Now is not the time to think of such things," he told a group of reporters outside of his house in Tokyo. "At the moment we are focused on improving Nissan's earnings performance. Please give us time to do that." Renault declined to comment on the report. Renault has argued in its proposal that an integration would maximize synergies within the French-Japanese alliance, according to the Nikkei. The Financial Times reported last month of Renault's intention to restart merger talks with Nissan within 12 months.

Carlos Ghosn's new lawyer, 'the Razor,' starts slashing

TOKYO — Carlos Ghosn's new lawyer took aim at Nissan, prosecutors and courts on Wednesday, dismissing the charges against the ousted chairman as an internal company matter and saying Japan was out of step with international norms by keeping his client in jail. "This should have been dealt with as an internal matter," Junichiro Hironaka, nicknamed the Razor, said at his first press briefing. Ghosn, who was arrested in November over alleged financial misconduct and remains in detention in a Tokyo jail, picked a new team last week with long-time defense attorney Hironaka as a key member to replace Motonari Otsuru, a lawyer who once ran the prosecutor's office investigating him. Hironaka's combative style contrasts with the low-key approach adopted by media-shy Otsuru. Ghosn's switch to an aggressive legal strategy came after his attempts to win bail failed and just before lawyers were due to sit down with prosecutors and judges for the first time to hash out a schedule for pre-trial discovery meetings, where prosecutors will reveal evidence and submit a list of witnesses. Hironaka said he didn't know why Ghosn picked him, but added that Ghosn probably wanted an experienced criminal lawyer as the case moved toward trial. The 73-year-old defense attorney is reputed for winning high profile cases, including the acquittal of a senior lawmaker, Ichiro Ozawa, on financial misconduct charges. He also helped free a senior bureaucrat Atsuko Muraki who was jailed for four months on corruption charges fabricated by prosecutors. Yet, even with greater legal firepower the former Nissan Motor Co boss faces a criminal justice system where only three out of every 100 defendants pleading not guilty are acquitted. Neither does Japan have a plea-deal mechanism that would allow Ghosn to agree to lesser charges for a lighter sentence. "The change in lawyers means a change in style, but the legal strategy will still be the same. I don't think it increases Ghosn's chance of an acquittal," said Masashi Akita, a defense lawyer at Shin-Yu Law Office in Osaka, ahead of Wednesday's comments by Hironaka. Ghosn has lost his perch atop an automotive alliance trio of French carmaker Renault SA and Japanese automakers Nissan and Mitsubishi Motors Corp. Attempts to win bail, including an offer to wear a GPS ankle bracelet and hire security guards to stop him trying to tamper with evidence, failed.