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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.

Rob Parsons, paraplegic, can drift better than you

"When something happens, you deal with it, and you move on. You don't dwell on something you can't control." Those are positive words coming from anybody. But it's particularly inspiring when the speaker is Rob Parsons. He was a competitor and later an event judge in the Dsport series until a dirt bike crash took Parson's ability to walk. He didn't let that get in the way of custom building a drift car that works with hand controls. And now that it works, he's plans to use his car to help other who share his automotive passion but can't operate pedals. The vehicle itself is based around a 1991 Nissan 180SX chassis with a 5.7-liter supercharged LS1 V8 under the hood, according to his website. To make the machine drivable for people without the use of their legs, Parsons made a hand control setup, and he claims to be faster now than years ago. This story of fighting past the seeming insurmountable challenges is truly heartwarming, and it's amazing to watch Parsons at work. A warning: there is some brief, not-safe-for-work language early in the video. News Source: Chairslayer, Keep Drifting Fun via YouTube Motorsports Nissan Coupe Racing Vehicles Performance Videos drifting drift

French investigators will question Carlos Ghosn in Lebanon

BEIRUT — A team of French investigators will come to Beirut next month to participate in interrogating former Renault-Nissan boss Carlos Ghosn, a Lebanese justice ministry official said Saturday. The official gave no specific date or details of what information the investigators would seek from Ghosn. Former auto executive Ghosn, who is a Lebanese, Brazilian and French national, fled Japan in a dramatic escape that drew headlines last year, arriving in Lebanon on Dec. 30, 2019. In addition to his trial in Japan, the 66-year-old businessman is facing a number of legal challenges in France, including tax evasion and alleged money laundering, fraud and misuse of company assets while at the helm of the Renault-Nissan alliance. The Lebanese official, speaking on condition of anonymity in line with regulations, said the French investigators would be working alongside their Lebanese counterparts. Information about investigations is secret under French law, and French judicial officials did not respond to requests for comment Saturday on the report. After leading the Japanese automaker Nissan for two decades, Ghosn was arrested in Japan in November 2018 on charges of breach of trust, misusing company assets for personal gains and violating securities laws by not fully disclosing his compensation. He denied wrongdoing and fled Japan while out on bail awaiting trial. He is unlikely to be extradited from Lebanon, where he has been since last year. At least two Ghosn-related investigations were opened in France. One focused on suspicious transactions between Renault and a distributor in Oman, as well as suspected payments for private trips and events paid by Renault-NissanÂ’s Netherlands-based holding company RNBV. Another investigation focused on suspected misuse of company funds for a party for Ghosn at Versailles. The French inquiry aims to determine who is at fault for a string of alleged financial violations between 2009 and 2020. That includes “suspicious financial flows” between Renault and the SBA car dealership in Oman. This aspect of the inquiry is targeting several million euros of travel and other costs paid by the Netherlands-based Renault-Nissan holding RNBV but suspected to have been for GhosnÂ’s personal use. GhosnÂ’s French lawyers have said the payments to SBA were “justified bonuses” for having boosted car sales in the Persian Gulf and denied allegations that the funds benefited Ghosn or his family personally.