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Carlos Ghosn was on verge of release — so prosecutors file new allegation

TOKYO — Japanese prosecutors added a new allegation of breach of trust against Nissan's former chairman Carlos Ghosn on Friday, dashing his hopes for posting bail quickly. Ghosn and another former Nissan executive, Greg Kelly, were arrested Nov. 19 and charged with underreporting Ghosn's income by about 5 billion yen ($44 million) in 2011-2015. They also face the prospect of more charges of underreporting Ghosn's income for other years by nearly 10 billion ($80 million) in total. The breach of trust allegations were filed a day after a court rejected prosecutors' request for a longer detention of both men. The new allegation only applies to Ghosn, and Kelly could still be bailed out. A request for bail by Kelly's lawyer is pending court approval, according to the Tokyo District Court, but his release will have to wait until next week since the request was still in process after office hours Friday. Prosecutors in a statement Friday alleged that Ghosn in 2008 transferred a private investment loss worth more than 1.8 billion yen ($16 million) to Nissan by manipulating an unspecified "swap" contract. Ghosn also profited by having the company transfer a total of $14.7 million to another company to benefit himself and that company's owner, who helped in the contract manipulation, prosecutors said. Shin Kukimoto, deputy chief prosecutor at the Tokyo District Prosecutors Office, refuse to say if the two transactions were related or how Ghosn illegally profited. He also declined to identify the collaborator or whether the transactions were made overseas. Ghosn and Kelly are only charged with underreporting Ghosn's pay over five years, in violation of the Financial Instruments and Exchange Act. They have not been formally charged with an additional allegation of underreporting another 4 billion yen ($36 million) for 2016-2018, for which their first 10-day detention was to expire Thursday. Prosecutors have been criticized for separating the allegations as a tactic to detain Ghosn and Kelly longer. They say Ghosn and Kelly are flight risks. The maximum penalty for violating the financial act is up to 10 years in prison, a 10 million yen ($89,000) fine, or both. Breach of trust also carries a similar maximum penalty. The conviction rate in Japan is more than 99 percent for any crime. Ghosn was sent by Renault in 1999 to turn around Nissan, then on the verge of bankruptcy, and he led its rise to become the world's second-largest automaker.

Mitsubishi Outlander PHEV sales reach 33,000 worldwide

It can be difficult to see from the US, where the Mitsubishi Outlander Plug-in Hybrid is not yet available, but the all-wheel drive SUV is a big hit in Europe and Japan. In fact, we learned at the Plug In 2014 Conference in San Jose, CA this week that Mitsubishi has sold over 33,000 copies of the PHEV around the world. The breakdown is that Mitsubishi has delivered 15,000 units in Japan and 18,000 in Europe. Fuminori Kojima, Mitsubishi Motors North America's senior manager of incentives, told AutoblogGreen that the country with the highest sales rate in Europe is Holland, with about 6,000 units sold that thanks in part to generous incentives for plug-in hybrids there. The Euro-spec version on hand in San Jose has three regen levels (the normal D mode, plus B1 and B2). We got to take a spin around the block, but the battery was mostly depleted (it was a popular attraction in the Ride & Drive) and so we were driving on gas. In the gallery from Plug In 2014, you'll note that the Outlander PHEV requires at least 95 octane (RON) unleaded fuel, which is 91 octane (AKI) premium fuel in the US. We don't know what the US version will need, but we've heard it will be "completely different." The Outlander has a 12-kWh battery and should have an EV range of around 30 miles. Whether or not it will have a CHAdeMO fast-charging port in the US is still undecided, as is the question of whether it will have a 3.3 or 6.6 kW onboard charger. The timeline Kojima gave for the Outlander's US arrival was October or November of 2015, since the SUV still needs to be tested and homologated for the US, Kojima said, but the real problem is that Mitsubishi can't build enough. "The battery production capacity is limited," he said. "So that's why, [the] first [focus is the] domestic market and Europe showed more demand." As as an example, he mentioned not only the incentives but also said that the charging infrastructure is more built up in Europe. "We'd like to have it [in the US ] as soon as possible, of course," he said. According to numbers from the European group Transport And Environment (see press release and sales chart below), overall plug-in vehicle sales have been doubling each year since the new breed was introduced in 2010. Last year, almost 50,000 plug-in vehicles were sold in the EU, with the Renault Zoe EV, Outlander PHEV and Volvo V60 Plug-in at the top of the pack.

Ghosn flight prompts renewed focus on Japan's strict justice system

TOKYO — Carlos Ghosn's daring flight from Japan, where he was awaiting trial on charges of financial wrongdoing, has revived global criticism of the nation's "hostage justice," but in Japan is prompting talk of reversing more lenient curbs on defendants. The ousted boss of Japan's Nissan and France's Renault fled to Lebanon, saying on Tuesday that he had "escaped injustice" and would "no longer be held hostage by a rigged Japanese justice system." Ghosn was first arrested in November 2018 when his private jet landed in Tokyo and kept in jail for more than 100 days as prosecutors added more charges, all of which he has denied. He was released on $9 million bail in March — only to be arrested and bailed again the following month. He was facing four charges, including underreporting his Nissan salary and transferring personal financial losses to his employer's books while he ran Japan's No. 2 automaker. His apparent escape from Japan's legal system — Tokyo and Lebanon don't have an extradition treaty — will likely halt or even reverse a trend of recent years toward granting bail in more cases, said Colin Jones, a law professor at Doshisha Law School in Kyoto. “I would expect it to be more difficult for foreign defendants to get bail,” Jones said. In Japan, suspects who deny the charges against them are often detained for long periods and subject to intense questioning without a lawyer present, a system critics call "hostage justice." Japanese civil rights groups and the main bar lawyers association have long criticized a system that convicts 99.9% of criminal defendants. They say it gives too much power to prosecutors, who can detain suspects for long periods before indictment, and relies too much on confessions, some later found to have been forced and false. Ghosn's escape is clearly a shock to Japan's legal establishment. "This case raises the extremely serious issue of whether it's all right to continue the trend toward bail leniency," said former prosecutor Yasuyuki Takai. "The legal profession and lawmakers need to quickly consider new legal measures or a system to prevent such escapes," Takai, who was formerly with the special investigation unit of the prosecutor's office, told public broadcaster NHK.