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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 freed from jail after four months

TOKYO — Wearing a mask, cap and what looked like a construction worker's outfit, the former chairman of Nissan Motor Co., Carlos Ghosn, left a Tokyo detention center Wednesday after posting 1 billion yen ($8.9 million) bail. Although his face was obscured as he left the facility, Ghosn's identity was apparent as he smiled after arriving at a building in downtown Tokyo, having removed his jacket, mask and hat. There was a scramble by media to follow Ghosn after he boarded a small Suzuki van, topped with a ladder, and traveled from the Tokyo Detention Center toward downtown. Motorcycles trailed the van in formation as it passed through city streets to one of the defense lawyer's offices. Ghosn later left in another car, which was mobbed by media. Ghosn, the former head of the Renault-Nissan-Mitsubishi Motors alliance was arrested on Nov. 19. He is charged with falsifying financial reports and with breach of trust. The Tokyo District Court confirmed the 1 billion yen ($8.9 million) bail was posted earlier in the day, after a judge rejected an appeal from prosecutors requesting his continued detention. That cleared the way for Ghosn to leave the facility after spending nearly four months since his arrest. Before his release, Ghosn, who turns 65 on Saturday, issued a statement reasserting his innocence. "I am innocent and totally committed to vigorously defending myself in a fair trial against these meritless and unsubstantiated accusations," he said. A date for his trial has not yet been set. Suspects in Japan often are detained for months, especially those who insist on their innocence, like Ghosn. Some legal experts, including Junichiro Hironaka, one of his lawyers, have criticized the system as "hostage justice," saying the long detentions tend to encourage false confessions. Ghosn's lawyer in France, Jean-Yves Le Borgne, said the lawyers in Japan will be leading the defense but he was in touch with them. "He is catching his breath and settling in," Le Borgne said of Ghosn. French Finance Minister Bruno Le Maire said a presumption of innocence for Ghosn was crucial, while noting the importance to France of the alliance between Nissan and French automaker Renault SA. "It is a good thing that Carlos Ghosn can defend himself freely and serenely, and his release will permit Carlos Ghosn to defend himself freely and serenely," he said. The French government owns about 15 percent of Renault SA, making it an influential voice in the future of the alliance.

2018 Mitsubishi Eclipse Cross Quick Spin Review | Deserving of a clean slate

The 2018 Mitsubishi Eclipse Cross is named after a sport compact coupe, which was iconic to some and a sad reminder of its brand's slide into irrelevance to most others. That "Eclipse" is now attached to a compact SUV will likely cheese off the former and cause the latter to sarcastically mutter, "Yup, that seems about right." Mitsubishi's marketers would say it shares the old Eclipse's "reputation for driving dynamics and technology." Do with that what you will. For now, though, let's put aside what it's called. Well, beyond the fact it's comically long to say and difficult to type (I started calling it the Eagle Talon Cross for those reasons). Because really, the name straps a whole load of baggage to a mostly clean-slate vehicle that in concept is actually a smart move by a brand trying to climb back to relevance. In size, it straddles the line between B- and C-segment compact SUVs. In shape and style, it's set apart from the more utilitarian entries of both. Under the hood, it provides torque-rich turbocharged grunt in contrast to meek naturally aspirated rivals. The ample ground clearance and standard all-wheel drive (on most trims) take a page from the Subaru playbook that's been moving the chains so well. As we discovered when we compared its specs to those of vaguely similar SUVs, the Eclipse Cross is far more intriguing and potentially competitive than originally thought. Perhaps it's unfair to the car itself, but besides all that baggage attached to its name, it's also saddled with the expectations of recent Mitsubishi products that have been uncompetitive, dull or just plain bad. (The i-Miev is the worst and most embarrassing car I've ever driven, and I've driven a Yugo.) In short, the Eclipse Cross warrants a clean-slate appraisal. Sure, it shares its wheelbase with Mitsubishi's two Outlander SUVs and certainly other components as well, but in appearance, touch and driving feel, the Eclipse Cross is profoundly different. This is immediately obvious in the cabin that's far more contemporary in appearance. If you think it looks a bit like the Lexus NX interior, you certainly wouldn't be alone, right down to its touchpad tech interface (more on that later). Materials quality is also strong, and not just in comparison to its brand mates, but to the compact SUV segment as a whole.