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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.

Nissan may take control of struggling Mitsubishi Motors

Update: The reports were largely correct. Nissan will take a 34 percent stake in Mitsubishi for roughly $2.2b. Read all about it here. Reports say Nissan will buy a controlling stake in Mitsubishi Motors, either 30 or 34 percent, for about 200 billion yen or $1.84 billion. Nissan and Mitsubishi motors are currently part of a joint venture, NMKV, to build minicars together. Nissan is also responsible for reporting fuel-economy discrepancies with cars built under the joint-venture agreement, which put Mitsubishi in its current weakened state. Earlier today, reports surfaced that the fuel-economy issues were wider ranging than originally thought. Mitsubishi now admits that all of its Japanese-market cars sold since 1991 could have had faked fuel-economy data. Shares of Mitsubishi Motors have dropped by about half since the scandal was uncovered, opening the door for a takeover. While Nissan is a much larger company, it can benefit from Mitsubishi's 60-percent share of Japan's minicar market. The two companies also had plans to build electric vehicles together in the joint venture. Japan's Nikkei reports that talks are ongoing between the company and that a decision could be made Thursday by the companies' boards. Related Video: News Source: Nikkei Green Mitsubishi Nissan

EPA, CARB want Mitsubishi to retest US fuel economy figures

The Environmental Protection Agency and California Air Resources Board are the latest government bodies to request details from Mitsubishi in connection with the company's fuel economy cheating, Automotive News reports. The company will also have to reevaluate the mileage for some models here. "The agency will be directing the company to conduct additional coast down testing for vehicles sold in the US," an EPA spokesperson told Reuters. The EPA, 'will be directing the company to conduct additional coast down testing for vehicles sold in the US.' The EPA's coast down test requires vehicles to roll from 80 miles per hour to a stop. Automakers' engineers collect data on the model's drag, rolling resistance, and drivetrain friction. The information then goes into a dynamometer for the mandated fuel economy test. The EPA set stricter guidelines for the test in 2015 starting with 2017 model year vehicles, which might help avoid similar scandals here in the future. Japan has also used a coast down test since 1991, but Mitsubishi recently admitted that it hadn't been following the evaluation's mandated protocols there. Instead, the automaker came up with its own "high-speed coasting test." By selecting favorable values from the results, the company was able to artificially inflate the fuel economy of at least four Japanese minicars. In addition to inquiries from CARB and the EPA, the National Highway Traffic Safety Administration has also requested similar details from Mitsubishi. However, there is no evidence yet of any fuel economy irregularities for vehicles in the US. These agencies are just checking things out in reaction to the massive scandal in Japan. Mitsubishi execs are trying to weather the storm, though. Chief Operating Officer Tetsuro Aikawa and CEO Osamu Masuko have denied rumors about resigning over the scandal, according to Automotive News Europe citing a Reuters report. "It's my responsibility and my mission to put the company on track to recovery," Aikawa said. Their decision came despite the automaker's stock losing half of its value since the fiasco started, and vehicle orders in Japan have dropped significantly, too. Related Video: News Source: Automotive News - sub. req., Reuters, Automotive News Europe - sub. req.Image Credit: Toru Hanai TPX / Reuters Government/Legal Green Mitsubishi Fuel Efficiency mpg vw diesel scandal