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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.

Cadillac tops Tesla in Consumer Reports semi-automated driving test

General Motors' Cadillac outscored Tesla in a new ranking of partially automated driving systems tested by Consumer Reports and released on Thursday. The highly influential nonprofit organization, which tests and rates a variety of consumer products from appliances to vehicles, said it compared Cadillac's Super Cruise and Tesla's Autopilot with similar systems from Nissan and Volvo. Nissan's ProPilot Assist was ranked third and Volvo's Pilot Assist fourth. Consumer Reports said it has been testing partially automated driving systems for several years but elected to conduct a formal study intended for publication, because "we are at a tipping point where they are now going mainstream," according to Jake Fisher, director of auto testing. The organization said its tests, conducted on a private track and on public roads in Connecticut, were designed to measure the systems' ability to automatically control steering and speed in certain situations, while helping drivers pay attention and regain manual control of the vehicle when required. CR noted that any of these systems can increase driving risk if used in inappropriate situations, or if drivers become inattentive or over-reliant on them. While they can help relieve driver stress and fatigue, Consumer Reports said, the partially automated systems are "not intended to be self-driving features." The systems typically use cameras, radar and other sensors, as well as mapping data, to monitor location and traffic conditions and help keep a vehicle centered in the lane at a safe distance behind other cars. Each system has limitations. Cadillac's Super Cruise, for instance, only functions on divided highways that have been mapped by GM. In contrast, Tesla's Autopilot can be used even on small, curvy roads with poor lane markings, but "operates erratically in those situations," Consumer Reports said.The organization tested Super Cruise on the Cadillac CT6; Autopilot on the Tesla Model 3, Model X and Model S; ProPilot Assist on the Nissan Leaf and Infiniti QX50; and Pilot Assist on the Volvo XC40 and XC60. Consumer Reports said Cadillac's Super Cruise did "the best job of balancing high-tech capabilities with ensuring the car is operated safely and the driver is paying attention." Tesla's Autopilot was cited for its capability and ease of use, while Nissan's ProPilot Assist did a better job than Autopilot or Volvo's Pilot Assist in keeping drivers engaged.

These are your top 10 worst-selling vehicles of 2012

Despite 2012 being the best year of auto sales this country has seen since 2007, not every vehicle got an equally large share of the sales pie. Some barely got a sliver, as evidenced by this year's list of the top 10 worst-selling vehicles of 2012. We've dug through sales data from every automaker to come up with this year's list and, like last year, we've set some parameters to ensure it includes legitimately bad-selling vehicles. The first parameter is a starting MSRP under $100,000, which automatically excludes what's parked in most one-percenters' garages. We're also excluding vehicles cancelled in 2012, even if they garnered sales through the end of the year while dealerships sold off remaining inventory. This includes models like the Mitsubishi Eclipse, Mercedes-Benz R-Class and last year's worst-seller, the Acura RL. Next, vehicles are considered as they are reported by the automaker, which means that, while sales of the Murano CrossCabriolet were probably low enough to make the list, because Nissan reports only one number for all Murano sales, it was excluded. Cadillac, however, reports sales of the Escalade EXT separately from the Escalade, hence its repeat appearance. Finally, there was the question of whether or not eligibility should be given to Suzuki vehicles, as the brand announced in November that it would end sales in the US as soon as its current inventory ran out. We decided Suzuki vehicles should be included as the brand was offering 2013 models at the time of the announcement, and as far as we can tell, inventory levels remained high enough to satisfy demand through the end of the year. Without further ado, below are the top 10 worst-selling vehicles of 2012. Top 10 Worst-Selling Vehicles of 2012 10. Volvo C30 MSRP: $25,500 Units Sold: 2,827 Last Year: – 9. BMW Z4 MSRP: $47,350 Units Sold: 2,751 Last Year: – 8. Audi TT MSRP: $39,545 Units Sold: 2,226 Last Year: – 7. Subaru Tribeca MSRP: $32,595 Units Sold: 2,075 Last Year: 10 6. Suzuki Equator MSRP: $19,449 Units Sold: 1,966 Last Year: 7 5. Cadillac Escalade EXT MSRP: $63,060 Units Sold: 1,934 Last Year: 6 4. Nissan GT-R MSRP: $96,820 Units Sold: 1,188 Last Year: – 3. Acura ZDX MSRP: $50,920 Units Sold: 775 Last Year: 4 2. Mitsubishi Lancer Sportback MSRP: $18,495 Units Sold: 702 Last Year: 3 1. Mitsubishi i-MiEV MSRP: $29,125 Units Sold: 588 Last Year: – Want a little more "worst-selling" data? Check out our list of the top 10 worst-selling vehicles of 2011.