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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.

Will Nissan's Cummins deal upset Ram's marketing mojo? [w/poll]

Ram has used Cummins engines in its heavy duty trucks since 1989, and it is the only pickup truck brand to use products from the Indiana-based engine maker. With the announcement that the next Nissan Titan will also use a Cummins powerplant, and a Nissan spokesman having already said "We will definitely leverage the Cummins brand name," a piece in Automotive News wonders whether the deal will affect the way Ram markets its tie-up with Cummins.
The question really is, how intense is this competition? While it is the first time that trucks from two different brands have used Cummins engines, they'll be two different engines in two different kinds of trucks; Nissan is going to put a 5.0-liter turbodiesel in a non-heavy-duty Titan, Ram only uses its 6.7-liter, inline six-cylinder turbodiesel in heavy-duty offerings. The diesel that Ram will offer in its light-duty, half-ton 1500 is a 3.0-liter V6 EcoDiesel with 240 horsepower and 420 pound-feet of torque - compared to about 300 hp and 550 lb-ft expected from the Titan's Cummins - and its marketing so far has focused on the fuel economy gains.
If Nissan was going to prove its commitment to the segment, it had to do something compelling. If we're talking about sales competition between Ram and Nissan, Ram has sold 201,633 trucks as of July this year, up 24.2 percent, 31,314 of those sales coming last month; Nissan has sold 10,020 Titans through the end of July, down 21.1 percent, and just 1,168 in July itself. Nissan's new truck boss - who hopped there from Ram - said that buyers have asked for a powerful turbodiesel in something other than a heavy duty pickup, and from what we've read on various comment boards, the pickup truck crowd is excited about Nissan's move.

2016 Nissan Titan endures more torture testing

The burly, next-gen 2016 Nissan Titan XD made its big debut at the 2015 Detroit Auto Show and promised to launch later in the year with multiple bed lengths, several cab configurations and the choice of a Cummins 5.0-liter diesel V8 pumping out 310 horsepower and 555 pound-feet of torque. While we wait for the truck to arrive at dealerships, the brand is continuing to tell the pickup's development story through the Titan Truckumentary series of shorts videos. Nissan has already used the clips to look back at its pickup history, but the latest entry puts the focus directly on the new Titan, specifically, its torture testing during development. One trial bounced the truck around for months on a durability machine to simulate 370,000 miles of rough driving. Although, the true fun comes from watching the real-life evaluations where engineers slam the model into curbs and drive it off ledges to see what it can take.