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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.

Carlos Ghosn to make first public appearance in seven weeks on Tuesday

Ousted Nissan chairman Carlos Ghosn is set to make his first public appearance in seven weeks at a Tokyo court on Tuesday after he requested an open hearing to hear the reason for his continued detention. Ghosn has been held in a detention center since his Nov. 19 arrest on allegations of financial misconduct, which was followed by re-arrests over further allegations. The hearing will take place at 10:30 local time (0130 GMT) on Jan. 8, the Tokyo District Court said on Friday. The reason behind the timing of Ghosn's request was not clear. Earlier this week, the court approved an extension to Ghosn's detention until Jan. 11, after re-arrest by prosecutors who accuse him of aggravated breach of trust in transferring personal investment losses to Nissan. Those allegations center on the use of company funds to pay a Saudi businessman who is believed to have helped him out of financial difficulties, sources said last week. According to an article from The New York Times, Ghosn and his family assert that he is innocent. In remarks Ghosn made while under detention in Japan, he is reported to have said through his lawyer, "I want to have my position heard and restore my honor in court." Former Nissan executive Greg Kelly, who has been charged with conspiring to under-report Ghosn's income, has been released on bail after the court ruled against extending his detention while he awaits trial. Ghosn's arrest was followed by his removal from roles at Nissan and Mitsubishi. The case has rocked the auto industry and strained Nissan's ties with French partner Renault where Ghosn still remains chairman and chief executive. Renault has launched a search for an interim chief to fill Ghosn's roll at the French company as he deals with these legal cases in Japan. The arrest has also put some of the practices of Japan's criminal justice system under international scrutiny, including keeping suspects in detention for long periods and prohibiting defense lawyers from being present during interrogations. (Reuters contributed to this report.)Related Video:

Consumer Reports says these are the worst new cars of 2014

Consumer Reports has announced its annual list of worst vehicles, a cringe-inducing contrast to its list of top vehicles. Ignominiously leading the way in 2014 is Chrysler, which has a staggering seven models listed.
Jeep nearly sweeps the small SUV segment by itself, with its Compass, Patriot and 2.4-liter version of the new Cherokee, while the only midsize sedans listed by CR were the Chrysler 200 and Dodge Avenger. The new Dodge Dart and the Dodge Journey round out CR's condemnation of Chrysler.
Ford is taking heat as well, with the Taurus, Edge and their counterparts from Lincoln all listed as the worst vehicles in their respective segments. Toyota doesn't fare much better, with its Lexus IS, Scion iQ and tC also making the list.