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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.

Japan readying first stealth fighter for 2016 test

This post is appearing on Autoblog Military, Autoblog's sub-site dedicated to the vehicles, aircraft and ships of the world's armed forces. The nation of Japan is somewhat unique in terms of the world's militaries. Following its loss in World War II, the country was stripped of its ability to wage war, and its military was reestablished nearly a decade later not as an aggressive force but as a self-defense force. Today, the Japanese constitution forbids the country from maintaining anything but its Ground, Maritime, and Air Self-Defense Forces. Since Prime Minister Shinzo Abe first took office in September 2006 and continuing in his second term, which began in late 2012, Japan's military has seen something of a renaissance. Earlier this year, the country's legislature officially approved a new law that allowed Japan to use its military in international conflicts, even if there's no direct threat to the Home Islands. And even earlier still, Japan announced a desire to increase its drone capability. Now, like the US, Russia, and China, the country is preparing its own stealth fighter. Slated to take to the skies for its maiden flight in early 2016, the Advanced Technology Demonstrator X is a Mitsubishi-built plane that looks like the lovechild of an F-22 Raptor, an F-16 Falcon, and an F/A-18 Hornet. According to the attached video from Bloomberg, the ATD-X carries all the stealth fighter hallmarks. Its shape is designed to minimize its radar cross-section, while the body is coated in radar-absorbent material. And of course, the weapons systems are stored within underbelly bays. But why is Japan even testing it, especially when you consider the company placed an order for 42 F-35 Lightning IIs way back in 2011? Well, for one, it's going to be a lot more affordable than the F-35, which is the single most expensive weapons platform in human history. Where individual F-35s cost around $100 million, depending on what source you're looking at, Bloomberg reports that the ATD-X could be developed for just $324 million. Even if there are some utterly absurd cost overruns and the per-unit cost is closer to astronomical than affordable, putting together a fleet of production ATD-X's is probably going to be cheaper overall. You can hear more about why Japan is considering the ATD-X in the video down below. Check it out.

Mitsubishi Motors posts surprise loss as car sales slide

TOKYO — Mitsubishi Motors on Friday posted a surprise operating loss in the third quarter, its worst quarterly performance in more than three years, hurt by falling sales in China, Japan and Southeast Asia, as well as a stronger yen. The carmaker posted an operating loss of 6.6 billion yen ($60.2 million) for the October-December quarter, widely missing an average forecast for a profit of 11.6 billion yen, based on analyst estimates compiled by Refinitiv. It was the firm's biggest loss since the July-September 2016 quarter, when a mileage cheating scandal sapped profits. However, Mitsubishi stuck to an earlier forecast for a 73% drop in full-year operating profit to 30 billion yen in the fiscal year ending in March. The automaker's net loss for the quarter just ended came in at 14.4 billion yen. The fall in quarterly sales was worst in China and at home, while sales also slipped in ASEAN countries, traditionally a stronghold, leading to a 16% fall in global vehicle sales to 320,000 units. The automaker also said it would keep some of its offices in China closed through Feb. 9, as a new coronavirus spreads throughout the country and beyond. The automaking alliance of Mitsubishi, Renault and Nissan on Thursday said they had "no other option" but to drastically improve their joint operations to remain competitive in the fast-changing global auto industry. Related Video:           (Reporting by Naomi Tajitsu; editing by Richard Pullin) Earnings/Financials Mitsubishi