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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.

Ghosn took bullet train to Osaka en route to Lebanon

Japan Justice Minister Masako Mori speaks during a press conference about Carlos Ghosn's escape from Japan. / Getty TOKYO — Former Nissan and Renault boss Carlos Ghosn began his astonishing escape from Japan with a bullet train ride from Tokyo to Osaka, possibly accompanied by several people, Japanese news agency Kyodo reported Monday. Japanese authorities also said on Monday they may still press for Ghosn's extradition from Lebanon to face multiple charges of financial wrongdoing, even though the country does not normally extradite its nationals. Security cameras captured Ghosn leaving his home on Dec. 29 at about 2:30 p.m. (0530 GMT) and arriving some hours later at Tokyo's Shinagawa Station, where he took the train 300 miles to Shin Osaka Station, Kyodo said, citing a person familiar with the matter. The international fugitive then went by car to a hotel near Osaka's Kansai International Airport, where he boarded a private jet at 11:10 p.m., according to the media report. Ghosn was forbidden from leaving Japan while awaiting trial on charges of financial misconduct, which he has denied, but he fled at the end of 2019 to escape what he called a "rigged" justice system. Prosecutors are now working with police to piece together Ghosn's route and find out who helped him, Kyodo said. In the government's first briefing since Ghosn skipped bail, Justice Minister Masako Mori said on Monday that as a general principle, Tokyo could request the extradition of a suspect from a country with which it has no formal extradition agreement. Such a request would need to be carefully examined based on the possibility of "guaranteeing reciprocity and the domestic law of the partner country," Mori told reporters in Tokyo.   Arrest warrant Mori did not say what would guarantee reciprocity (the idea that benefits or penalties extended by one country to citizens of another should be reciprocated). She also did not say if there were any Lebanese nationals in Japan wanted in Lebanon. Mori offered little insight into the events of Ghosn's escape to his ancestral home, repeatedly saying she could not comment on specifics because of an ongoing investigation. Japanese officials broke days of silence about the Ghosn case on Sunday, saying they would tighten immigration measures and investigate his escape thoroughly. The authorities have also issued an international notice for his arrest.

Nissan IDx 'in the plan' for production, needs support from fans [w/poll]

If there's a trend in the auto industry we can firmly get behind, it's the small, light and affordable rear-drive coupe. The positive critical reception to the Scion FR-S and Subaru BRZ twins has encouraged other manufacturers to look at building their own rear drivers, and even a few to show actual concept cars based on the idea. The Chevrolet Code 130R from 2012 and more recently, the Nissan IDx twins that were first shown at the 2013 Tokyo Motor Show both come to mind, as does the brand-new Kia GT4 Stinger Concept.
Nissan trotted out the IDx Nismo and the IDx Freeflow for another showing in Detroit and we'll admit to being totally smitten with both cars. Again. The duo draw inspiration from the iconic Datsun 510, a lightweight, affordable rear-driver that remains a cult favorite decades after production ended.
Now, a report from our friends at AutoWeek reveals that we may, possibly, hopefully see a production IDx, provided fans make a strong enough case for it. "It's in the plan," Nissan product boss Andy Palmer told AW. According to the report, Palmer said the IDx is "into the first sage of the development process. The next stage is project validation and then looking at the business case. It's no one's intent to waste millions of the company's money, so obviously we have a good feeling about this one."