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Nissan files civil suit against Ghosn, seeking $91 million in damages

Wed, Feb 12 2020

TOKYO — Nissan filed a civil suit Wednesday seeking 10 billion yen ($91 million) in damages from the Japanese automaker's former Chairman Carlos Ghosn. Nissan filed the case in Yokohama District Court to recoup some of the monetary damages suffered, it said, “as a result of years of misconduct and fraudulent activity" by Ghosn. The claim was calculated by adding the costs from what Nissan called Ghosn's “corrupt practices,” such as rent for overseas property, use of corporate jets and payments to Ghosn's sister, as well as costs for the internal investigation into Ghosn's alleged wrongdoings. Representatives of Ghosn said in a statement they couldn't comment as they had yet to see the legal documents. “Nissan's maneuvers continue,” they said, while noting Nissan had claimed larger damages before. Ghosn, who led Nissan for two decades and saved it from near-bankruptcy, was arrested in Japan in November 2018, and charged with underreporting his future compensation and breach of trust in diverting Nissan money for personal gain. He was awaiting trial but skipped bail and showed up in Lebanon late last year. Japan has no extradition treaty with Lebanon, and he's unlikely to be arrested. A date had not been set for his trial, and Ghosn has said he was worried his ordeal would never end and he would not get a fair hearing. The bail conditions also barred him from seeing his wife. He has repeatedly lashed out at Japan's judicial system, where the conviction rate is higher than 99%. Japanese authorities recently issued an arrest warrant for Ghosn and three Americans, accused of helping his escape. Separately, they issued an arrest warrant for Ghosn's wife on suspicion of perjury. Ghosn has repeatedly said he is innocent, saying that the promised compensation had never been decided, and all the payments were for legitimate services. Wednesday's lawsuit by Nissan comes on top of the civil case Nissan filed against Ghosn in the British Virgin Islands in August last year. It alleged unauthorized payments, sought to regain a luxury yacht and pursued other damages, according to Nissan. Yokohama-based Nissan, which makes the Z sportscar, Leaf electric car and Infiniti luxury models, is also facing trial in Japan as a company in relation to Ghosn's scandal. It has indicated it will agree to any penalties. Nissan's reputation has been sorely tarnished over the Ghosn fiasco, and its sales have dropped. Nissan reports financial results Thursday.

Nissan and Carlos Ghosn settle SEC claims over undisclosed compensation

Mon, Sep 23 2019

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.

Mitsubishi's Tokyo-bound PHEV concept doubles as a boom box

Wed, Sep 18 2019

Mitsubishi will unveil a futuristic concept car at the biennial Tokyo Auto Show opening in October 2019 that doubles as a boom box. Billed as a small SUV, the model remains under wraps for the time being, but a dark teaser image provides insight into what we can expect. Power for the yet-unnamed concept comes from a gasoline-electric plug-in hybrid drivetrain. At this point, we'd be surprised if Mitsubishi dared to unveil a concept that wasn't electrified to some degree. While full powertrain specifications are being kept secret, we know the design study features all-wheel drive, and it's capable of driving on electricity alone for relatively short distances – all of which sounds perfectly feasible for a company that sells the Outlander PHEV already.  Plug-in hybrid cars are often considerably heavier than comparable non-hybrid models because they gain a bulky battery pack, at least one electric motor, and yards of extra wiring. Mitsubishi promises its Tokyo-bound concept benefits from a downsized powertrain that's lighter than normal.  Evidently taken in a room with closed curtains, the teaser image shows a sloping greenhouse accented by what looks like a pair of speakers integrated into each roof pillar. Carbon fiber seemingly keeps weight in check, and part of the gasoline-electric powertrain is visible under a clear glass panel, which is a styling cue we'd normally expect to find on a supercar, not on a Mitsubishi SUV. All told, the Tokyo-bound concept looks like a forward-thinking display of the direction the Japanese firm's vehicle development teams will take in the coming years, not an accurate preview of an upcoming, production-bound model outdoors enthusiasts will be able to go off-roading in. We'll know for sure when the Tokyo show opens its doors on October 24.

2019 Mitsubishi Eclipse Cross Quick Spin Review | Space and power make it worth your consideration

Thu, Aug 8 2019

The subcompact crossover market is one of the fastest growing segments in the industry. That can make it tough to stand out. Some highlight style, like with the Hyundai Kona and Jeep Renegade. Some go for a bargain focus such as with the Nissan Kicks. Our subject in this case, the 2019 Mitsubishi Eclipse Cross, earns a look for its remarkable space, strong powertrain and generally good value. The Eclipse Cross's spaciousness is its ultimate party trick, especially for its small size. From the driver's seat, your 5-foot 11-inch and somewhat heavy author could find a very comfortable driving position with loads of head room and leg room. The seating position is high with loads of visibility. The generous headroom also keeps you from feeling like you're sitting on top of the car. The front seats don't have much shape to them, but the cushions are thick and soft enough that they're plenty comfortable. I was also surprised at how easy it was to get in and out of the Eclipse Cross. The door opening is quite large, thanks to a high roof and reasonably low floor, plus the relatively high seat. This kind of easy ingress and egress I don't see often except for in minivans such as our long-term Chrysler Pacifica. More impressive than the space in the front is the space in the back. I could sit behind myself with a few inches to spare in front of my knees. I can't even say that about many comparably-sized cars let alone the current crop of cramped crossovers. The back seats are flat and firmer than I would like, but they do recline and can slide fore and aft to make more room for cargo or passengers. All of this fits into a package that's about 5 inches shorter than a Honda Civic hatchback, one of the most spacious small cars on the market. Cargo space is close to the Civic, too. With the seats up, it's slightly behind the Honda at 22.6 cubic feet (22.1 for our SEL with the subwoofer and moonroof) versus 25.7. But with the 60/40 split seats folded, the Eclipse Cross jumps ahead with 48.9 cubic feet versus the Civic's 46.2. The rest of the interior is less impressive. The plastics, while varied in texture and finish, are cheap and hard. The infotainment offers two ways to interact with it, either with the touchscreen or a touch pad, but neither is great. The touchscreen is far away, and the touch buttons on either side are annoying, and the touch pad is only slightly better than the terrible Lexus touch pad interface.

Carlos Ghosn sues Nissan-Mitsubishi in the Netherlands

Sat, Jul 20 2019

AMSTERDAM — Carlos Ghosn has launched a court case in the Netherlands against Japanese carmakers Nissan Motor and Mitsubishi Motors, who ousted him as chairman of their alliance last year on charges of embezzlement, Dutch newspaper NRC reported on Saturday. Ghosn is seeking 15 million euros ($16.8 million) in damages from the carmakers, as grave mistakes were made when he was sacked, NRC reported, citing his lawyer. "In the Netherlands, if you want to fire an executive you have to first tell him what he's being accused of, and you have to provide him with the evidence for the accusations. Neither of those things has happened," lawyer Laurens de Graaf told NRC. Ghosn fell from grace late last year when he was arrested in Japan and sacked by Nissan on charges of financial misconduct, which he denies. He has also been fired as the CEO and chairman of French carmaker Renault. Ghosn was freed in April from jail in Japan on a $4.5 million bail. Among other charges of fraud and misconduct, Nissan and Mitsubishi have said Ghosn improperly received $9 million in compensation from their joint venture. Suspect expenses Ghosn made when he chaired Renault and Nissan amounted to about 11 million euros, Renault's board said in June. Ghosn holds French, Lebanese and Brazilian citizenship, but opted for the fiscally more friendly Netherlands as his tax domicile in 2012. The holding company for the Nissan-Mitsubishi alliance is also incorporated in the Netherlands. The district court in Amsterdam is reviewing the case but has not set a trial date yet, NRC said. Government/Legal Hirings/Firings/Layoffs Mitsubishi Nissan Carlos Ghosn

2019 Mitsubishi Eclipse Cross scores an IIHS Top Safety Pick

Wed, Jul 17 2019

The 2019 Mitsubishi Eclipse Cross is a funky little crossover with a name that has angered more than a few Eclipse fans out there. Today it gets honors from the IIHS, though, in the form of a Top Safety Pick award. It’s great to see the totally new Mitsubishi get safety honors for what is probably the best car the company sells in the U.S. now. You will have to get an upmarket version of the vehicle for it to be one that qualifies for the award, though. That nets you the LED headlights rated as Acceptable and the front crash prevention technology. It avoided collisions when traveling at 12 mph and 25 mph in IIHS testing. On top of that, it needed to score Good in all the major crashworthiness tests, which it did. The full breakout of scores showed it scored an Acceptable rating for some of the specifics the IIHS was looking into, but the car appears plenty safe from a crash perspective. Child safety seat testing found that the carÂ’s LATCH system was extremely easy to use, netting it a Good rating in that category, too. The 2019 Mitsubishi Eclipse Cross starts at $24,690 for a completely base car, and stretches to around the $30,000 mark in its most expensive form.

Police search Renault headquarters as part of Ghosn probe

Wed, Jul 3 2019

PARIS — Police are searching Renault's corporate headquarters in Boulogne-Billancourt, which a judicial source said was related to an ongoing investigation into ex-Renault boss Carlos Ghosn and his use of Versailles for his 2016 wedding party. L'Express magazine reported earlier on Wednesday that the search was being carried out in relation to Ghosn, who faces charges of misconduct. Ghosn has denied any wrongdoing and has been released on bail. L'Express added that French authorities were probing a wedding reception party held at the Chateau de Versailles in 2016 to mark the wedding of Ghosn to his second wife Carole, and a judicial source confirmed those elements to Reuters. Renault itself confirmed that police were searching its premises, but declined to comment on the subject of the search. "Renault confirms that a search by police is currently underway at its headquarters in Boulogne-Billancourt and Renault is co-operating fully with authorities," said the company, adding that it would not make any further comment on the matter. Earlier this year, Renault said it had found evidence that it had paid part of Ghosn's wedding costs and added it would turn the investigation over to prosecutors. Ghosn's Versailles wedding party in October 2016 had already drawn public scrutiny for its opulence and Marie Antoinette-themed costumes. Government/Legal Mitsubishi Nissan Renault Carlos Ghosn

Nissan ex-chief Carlos Ghosn cancels hastily arranged Tokyo press conference

Fri, Jun 28 2019

TOKYO — Former Nissan boss Carlos Ghosn on Friday abruptly canceled plans for what would have been his first press conference since his arrest in November, after journalists had been notified about a briefing just two hours earlier. Ghosn's lawyers called to cancel the event that was to be held at the Foreign Correspondents' Club of Japan (FCCJ), but did not immediately give a reason for the abrupt change, an official at the FCCJ told Reuters.Automotive News cited a source as saying his family and media team staged a "last-minute intervention" to get him to call off plans to make his case at the press conference, fearing he would be faced with questions he couldn't answer without tipping his legal team's strategy, or that Japanese prosecutors would take a dim view of him publicly criticizing their actions and attempt to revoke his bail. A spokesman for the Ghosn family in Tokyo did not answer his mobile phone and did not immediately respond to an emailed request for comment. If the conference had not been canceled, Ghosn would have spoken as Japanese Prime Minister Shinzo Abe hosts national leaders at the G20 leaders gathering in Osaka, including U.S. President Donald Trump and French President Emmanuel Macron, who Ghosn's wife Carole have called on to raise the issue of her husband's treatment by Japan's courts. In May a Japanese court dismissed an appeal by Ghosn to ease a bail restriction that bans him from contacting his wife and rejected a subsequent request to allow him a one-off monitored meeting with Carole. His lawyers have argued that that condition violates Japan's constitution and international law on family separations. Ghosn's movements are also monitored and he is only allowed internet access from a computer at his lawyer's office that records the activity for the court. Once among the world's most feted auto executives, Ghosn is awaiting trial in Japan over charges including enriching himself at a cost of $5 million to Nissan, in a scandal which has rocked the industry and exposed tensions in the automaking partnership between Nissan and Renault SA. Since his initial arrest in November last year, Ghosn has been charged four times for crimes which also include underreporting his Nissan salary and temporarily transferring personal financial losses to his employer's books during his time at the helm of Japan's No. 2 automaker.

Mitsubishi rumored to plan a revival of the Lancer Evolution

Thu, Jun 27 2019

To the dismay of countless hardcore enthusiasts and JDM fans, Mitsubishi long ago announced that it killed off its sports cars, such as the Eclipse and the legendary Lancer Evolution, to focus more on electric vehicles, hybrids, and SUVs. Rubbing salt in the wound even further was the fact that Mitsubishi repurposed its coveted Eclipse nameplate to a crossover. But now, there could be a light at the end of the tunnel. AutoCarUK reportedly received word that Mitsubishi could be bringing back the Lancer Evolution. There's no official word with the outlet citing anonymous sources, and there's still a cloud of doubt hovering, given Mitsubishi made its near-future trajectory fairly clear. But there could be a smidgen of hope that all is not lost with the tiny Japanese automaker. Should the word be accurate, the new Lancer Evolution XI — as it would likely be called since it would be the 11th-generation model — could get a potent 2.0-liter turbocharged four-cylinder powerplant lifted straight from the hot-hatch version of the Renault Megane known as the Megane RS. The same dual-clutch automatic would also find its way into the Evo, though Mitsubishi would supposedly be left to its own vices to develop an all-new S-AWC all-wheel drive system. The Renault Megane RS is quite the hot hatch, so its power and drivetrain wouldn't be out of place in a new Evo. It produces 296 horsepower and 295 pound-feet of torque. In comparison, the Mitsu's direct rival, the WRX STi, produces 310 hp and 290 lb-ft. But should Mitsubishi proceed, the company seeks to one-up Subaru's limited-edition WRX STi S209, which produces 341 hp and 319 lb-ft. Don't forget, Mitsubishi joined the Renault-Nissan alliance in 2016, and Nissan owns a 43% stake in Mitsubishi. There are even rumors that Mitsubishi could add in a new 48-volt electrical system, which could give the new Evo "mild-hybrid" capabilities. That basically adds an electric motor-generator somewhere on the engine or within the drivetrain that not only doubles as a gas-engine starter and an electricity generator, but a drive motor as well. A 48-volt system would also give the new Evo the ability to house more computing power to allow for more kinds of technology. The new Evo would also utilize the alliance's latest modular CMF-C/D F4 platform that's currently under cooperative development between Renault-Nissan-Mitsubishi.

France's Macron says Renault-Nissan partnership is a 'jewel' to be strengthened

Wed, Jun 26 2019

TOKYO — French President Emmanuel Macron on Wednesday called for further synergies and alliances to strengthen the Renault-Nissan partnership in a global market. "The Renault-Nissan alliance is a jewel in the industry," Macron told French expatriates in Tokyo. "We created a giant which we must not only preserve but develop synergies and alliances to strengthen it in the face of international competition." His comments appeared to leave open the possibility both of a deeper integration of the 20-year-old Renault-Nissan alliance, which has been shaken by the scandal over its former chief Carlos Ghosn, and tie-ups with other manufacturers. Last month, Renault and Italian-American group Fiat Chrysler Automobiles (FCA) announced they were in merger talks. But the discussions were called off after FCA grew frustrated with the role the French state was playing, especially its need to secure agreement from Nissan over how to move the merger forward. Since the break-off of the FCA talks, Renault executives have been looking to rebuild ties with Nissan, which is keen to reduce the influence the French state has in the alliance via its 15% stake in Renault. Renault owns 43% of the Japanese automaker, which in turn holds a 15%, non-voting stake in its partner. Nissan on Tuesday threw cold water on hopes for a quick fix to strained relations with France's Renault SA , saying inequality between the partners could unravel their two-decade-old automaking alliance. Macron said on Wednesday France would remain vigilant that Carlos Ghosn's presumption of innocence and the former Renault-Nissan leader's rights to defend himself in a Japanese lawcase are respected. "It's not up to the French president to interfere publicly in a judicial case," Macron said. "Japanese justice is independent." "We will be vigilant, just like with all our citizens across the world who have to answer to the law, through consular activity, so that the defendant's rights and presumption of innocence are respected in that case."