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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.

'Charge lock' on Nissan Leaf doesn't actually prevent cable theft

Is it a feature or a bug? According to AutoblogGreen reader Francois Viau, the locking mechanism that holds the 110V trickle charge cable to his Nissan Leaf is too weak, and that's a problem. That's because while he thought the cable was locked to his car during a charge session at work, someone stole the cable, and it cost him $2,200 to replace it (in Canadian dollars, from the Nissan dealer). To see just how easy it is to unlock the mechanism, Viau had a "small assistant" jimmy it open with a plastic comb on video (watch it below). "The charge lock feature on Nissan Leaf is not intended to prevent theft of the charging cordset." – Brian Brockman We wondered if this was a common problem and, through the magic of Facebook, we had AutoblogGreen reader Phil Tipper try it out on his 2013 SL Leaf. He said he used an insulated handle flat screwdriver and was not able to defeat the lock. "I admit that I didn't want to force the mechanism for fear of breaking it, it didn't look like that kid used much force at all," he said. "Maybe this guy's mechanism was damaged in the theft and now it's very easy to trip the lock out of the way." Fifty percent of a sample size of two isn't a reliable metric, but if you're worried about locking your cable in place, you can see some of Viau's anti-theft solutions here (in French, with pictures). Turns out, though, that the white plastic bit that prevents the cable handle from working during a charge isn't really an anti-theft device. Brian Brockman, senior manager of corporate communications for Nissan North America, told AutoblogGreen that, "The charge lock feature on Nissan Leaf is not intended to prevent theft of the charging cordset. It is designed to discourage someone from unplugging the vehicle while a charging session is in progress. The trickle charge cable features a small hole in the release button to allow the owner to insert a lock to reduce the chance of theft." So, now you know. This content is hosted by a third party. To view it, please update your privacy preferences. Manage Settings.

Some NY cabs could avoid hybrid ban

The Nissan NV200 is having a rough go of it as New York City's Taxi of Tomorrow. The Greater New York Taxi Association wants the van banned on the grounds that it isn't a hybrid, and has gone so far as to sue the city to keep the NV200 out of taxi fleets. According to The New York Times, the city has responded by proposing to allow taxi drivers to use certain hybrid vehicles. The Taxi and Limousine Commission's proposal would allow any vehicle with an interior volume of 138 cubic feet or more. Unfortunately, that excludes nearly every machine that isn't the size of the NV200.
Technically, Nissan is working on a hybrid version of the Taxi of Tomorrow, but it may be years before that model hits the streets, and the Greater New York Taxi Association isn't satisfied with the city's offer. In a statement, the Association said, "These rules look like they have been created to short-circuit the litigation. We do not consider this to be a serious proposal."