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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.

Mitsubishi Outlander PHEV US launch delayed over battery shortage

Mitsubishi resumed full-scale battery production in August after a five-month shutdown due to a safety investigation. Supplier Lithium Energy Japan has been delivering 4,000 battery packs each month since September, but that's apparently still not enough to fill the overseas inventory pipeline for the Outlander PHEV and i subcompact EV while launching the Outlander PHEV here in the US. So instead of the previous tentative launch date of Fall 2014, the plug-in hybrid's Stateside on-sale date has been pushed back until 2015.
That's according to Automotive News, which also notes that Mitsubishi has sold 11,300 plug-in Outlanders this year, though that number reflects the production stoppage over the battery issues. As of April, battery supplier LEJ will be able to supply 5,000 packs per month just for the Outlander, but company president Osamu Masuko has gone on record saying that production will have to rise above that in order to make the US launch.
Every Mitsubishi dealer (and hopefully a fair number of consumers) will be looking forward to a crossover that, for the moment, doesn't really have natural rivals. The Outlander PHEV can drive 32 miles on electricity alone, has a top speed of 75 miles per hour in EV mode and offers all-wheel drive with a towing capacity of over 3,000 pounds. The model should get an impressive MPGe rating from the EPA when it finally arrives and it figures to be a bellwether for the plug-in Outlander Sport and Pajero utility vehicles that are expected to arrive after it. Hopefully 2015 will be its year.

Watch Mitsubishi Express van bend its way to 0-star crash test rating

Mitsubishi became a champion of economies of scale when it joined the Renault-Nissan alliance in 2016, but the merger triggered at least one undesirable side effect. The Express, a badge-engineered version of the Renault Trafic van, received a zero-star crash test rating from the Australasian New Car Assessment Program (ANCAP). Released in Australia and in New Zealand in 2020, the Express was damned by the safety watchdog for lacking chest protection, a central airbag to prevent the occupants from hitting each other and an airbag for the passenger sitting in the middle of the three-person bench. ANCAP also noted the model is not available with electronic driving aids, like automatic emergency braking, pedestrian detection and lane-keeping assist. Mitsubishi Express crash test View 8 Photos Consequently, the Express scored 55% for adult occupant protection, 40% for vulnerable road user protection, and 7% for safety assist. ANCAP argued the Express is a safety hazard even to motorists not traveling in it. "The front structure of the Express presented a high risk to the occupants of an oncoming vehicle," it wrote, adding that this gave the van a penalty. It pointed out that more driving aids would have increased the rating, however. While vans often lag behind in the safety department, scoring zero stars is highly unusual, especially in 2021; the last-generation Express managed to score a one-star rating in 2011. The Toyota HiAce tested in 2019 received a five-star rating, while the made-in-China LDV G10 managed to score three stars in a 2015 crash test. In Europe, the Trafic that the Express is based on earned a three-star rating in 2015, though tests have gotten stricter since. Related Video: This content is hosted by a third party. To view it, please update your privacy preferences. Manage Settings.