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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.

US approves extradition of Americans accused of arranging Carlos Ghosn's escape

In the latest chapter of ex-Nissan CEO Carlos Ghosn's dramatic downfall, two Americans are about to face Japan's notoriously tough justice system. The US State Department has approved the extradition of Michael and Peter Taylor, who are accused of helping Ghosn flee Japan, reports the Associated Press. Ghosn was under house arrest in Japan, awaiting trial for alleged financial malfeasance during his tenure as head of Nissan and the Renault-Nissan Alliance. In December 2019, Michael Taylor (pictured), a former member of the US Special Forces, and his son Peter, allegedly smuggled Ghosn out of Japan in a musical instrument case on two charter flights, from Japan to Turkey, and then from Turkey to Ghosn's childhood home of Lebanon. According to the AP, the Taylors received two payments from the Ghosn family totaling $1.36 million (one to Peter Taylor's company and the other in cryptocurrency). Michael Taylor ran a business security firm after retiring from the US Army. The Taylors have been in jail in Massachusetts since their arrest in May. A Federal judge was attempting to block the extradition request from Japan, but on Wednesday, the State Department overruled her, the Taylors' lawyers said. Ghosn, for his part, maintains his innocence and says that he fled Japan because he didn't expect a fair trial in Japan's court system, which has a 99.9 percent conviction rate. Unless this saga takes another unexpected turn, the Taylors will now have to face that very system. Government/Legal Nissan Renault

Watch Nissan prank unsuspecting test drivers with GT Academy

Nissan's reality show/motorsports program, GT Academy, is set to return to Spike TV for its fourth season on Friday, and in anticipation, the Nismo team has issued a new video that gives some of its fans a taste of the racing lifestyle.
It all starts innocently enough, with fans test-driving a 2015 Nissan 370Z Nismo, only to have a sudden stop quickly transforms things into something a bit more exuberant and special. We won't spoil the details, so take a look at the video for yourself, and then head into Comments and let us know what you think.
GT Academy will air on Spike TV, Friday nights at 11:30 PM Eastern.