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Ex-Nissan chairman Carlos Ghosn indicted, may remain in jail for months
Fri, Jan 11 2019TOKYO — Nissan's ex-chairman Carlos Ghosn was charged Friday with breach of trust, according to the Tokyo District Court, making the star executive's release unlikely for months. Ghosn, arrested Nov. 19, was earlier charged with falsifying financial reports in underreporting his income by about 5 billion yen ($44 million) over five years through 2015. Ghosn; Greg Kelly, another Nissan executive; and Nissan as a legal entity also were charged Friday with additional underreporting of income, from 2015 through mid-2018. Ghosn's lawyer Motonari Ohtsuru said he would request that Ghosn be granted release on bail. His detention period for the breach of trust allegations was due to expire Friday. Kelly and Nissan were not charged with breach of trust. Those allegations center on Ghosn's handling of investment losses and payments made to a Saudi businessman. Ghosn, 64, says he's innocent. Suspects in Japan are routinely held for months until trials start, and Tokyo prosecutors maintain that Ghosn, a Brazilian-born Frenchman of Lebanese ancestry, is a flight risk. Earlier this week Ghosn told a Tokyo court he was innocent, in his first public appearance since his arrest, and appealed for his detention to end. But the court rejected that request. "I have a genuine love and appreciation for Nissan," Ghosn told the court. "In all of my efforts on behalf of the company, I have acted honorably, legally and with the knowledge and approval of the appropriate executives inside the company." He said the compensation was never decided on, the investment deal never resulted in any losses to Nissan, and the payments to the Saudi businessman were for legitimate services related to dealers and investments in the Gulf. Ghosn, who appeared much thinner than before his arrest, came down with a fever the day after his court appearance, but has since recovered, Ohtsuru, the lawyer, said. His wife Carole Ghosn issued a statement overnight out of Paris, expressing concern over his sickness. "I am pleading with the Japanese authorities to provide us with any information at all about my husband's health. We are fearful and very worried his recovery will be complicated while he continues to endure such harsh conditions and unfair treatment," she said. Apart from prosecutors, only embassy officials and Ghosn's lawyers are allowed to visit him. Such visits were canceled Thursday but resumed Friday.
Nissan and Carlos Ghosn settle SEC claims over undisclosed compensation
Mon, Sep 23 2019WASHINGTON — 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.
2024 New York International Auto Show Editors' Top 5 Picks
Fri, Mar 29 2024The New York Auto Show, like many other shows over the past few years, has shrunk. But it's still playing host to some interesting reveals, and we even got a few surprises this year. It was dominated by Nissan and Hyundai Motor Group products, but ones running the gamut from affordable cars to flagship SUVs. It was a strange situation of being both quite diverse in reveals, and not at all, depending on how you looked at it. Our favorites of the show are a clear representation of that. And another interesting observation, only one of the picks was significantly electrified. Scroll down to see the best reveals of the New York Auto Show,. 2025 Nissan Kicks View 10 Photos 5. Nissan Kicks "The Nissan Kicks has gone from a reasonably attractive and small crossover into something way more funky with cool textures, color combinations and some actual presence. Plus, it's more spacious, more powerful and has available all-wheel drive. If Nissan can keep the price nice and low to compete with similarly stylish and well-executed competition like the Chevy Trax, the company's got a real winner on its hands." – News Editor Joel Stocksdale InfinitiQX80-Z63-051 View 39 Photos 4. Infiniti QX80 "The QX80 wasn't technically shown at the New York Auto Show, but it was revealed just a week prior at Hudson Yards – accross the street, in other words. Frankly, I wasn't blown away by the initial photos, but I think it looks great in person. The attention to detail both outside and in seem appropriate for an SUV that Infiniti hopes to sell for six figures loaded up. I'm a believer." – Associate Editor Byron Hurd 2025 Kia K4 Live View 7 Photos 3. Kia K4 Sedan "The Kia K4 interior has way more style than anything in the compact car price range has any business having. Now, if we don't get the green interior option shown in the initial global reveal photos, I'm retracting several of my points here. Otherwise, wowza. I kept looking and looking at that K4 interior photo, and finding new, interesting details to admire. Oh, and the exterior is pretty cool, too, though I do prefer the hatchback in that regard." – Senior Editor, West Coast, James Riswick Genesis GV60 Magma Concept View 10 Photos 2. Genesis GV60 Magma "I am psyched to see Genesis show off a proper performance car. The “Sport” trims on its various models are sort of neat, but the Magma brand looks like the real deal.