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Carlos Ghosn's lawyer requests bail again after Nissan ex-chairman indicted — again

Mon, Apr 22 2019

TOKYO — Japanese prosecutors indicted Carlos Ghosn on Monday on another charge of aggravated breach of trust, a Tokyo court said, the fourth charge against the former Nissan Motor Co Ltd chairman, which his lawyers met immediately with a bail request. The charge came on the day Ghosn's latest detention period was set to expire. Ghosn had been out on bail when authorities arrested him for a fourth time on April 4 on suspicion he enriched himself at a cost of $5 million to the automaker. "We are confident that we have the evidence to successfully prosecute all four cases," an official from the prosecutor's office said at a briefing after the indictment was announced. Ghosn has denied all four of the charges, which include understating his income, and said he is the victim of a boardroom coup. He has accused former colleagues of "backstabbing," describing them as selfish rivals bent on derailing a closer alliance between Nissan and its top shareholder, France's Renault SA. "Carlos Ghosn is innocent of the latest charges brought against him by the Tokyo prosecutors, aided and abetted by certain Nissan conspirators," a Ghosn representative said in a statement. The case has exposed tensions in the Nissan-Renault alliance forged by Ghosn some two decades ago when the French automaker invested in Nissan, then on the brink of bankruptcy — a deal that gave Renault control over its larger partner. Nissan is due to reject a management integration proposal from Renault and will instead call for an equal capital relationship, the Nikkei newspaper said on Monday, citing sources. Ghosn's arrest has also focused a harsh light on Japan's judicial system, which critics refer to as "hostage justice" as defendants who deny their charges are often not granted bail. Under Japanese law, prosecutors are able to hold suspects for up to 22 days without charge and interrogate them without their lawyers present. In accordance with these terms, prosecutors had to indict or release Ghosn by Monday. According to the latest indictment, Ghosn caused a total of $5 million in losses to Nissan from July 2017 through July 2018. During that period, prosecutors allege two separate payments of $5 million were made from the account of a Nissan subsidiary into the account of an overseas dealership. A total of $5 million was subsequently transferred from the dealership's account to another account in which Ghosn had an interest.

2019 Mitsubishi Outlander Sport Review and Buying Guide | Long in the tooth

Sat, Apr 13 2019

The 2019 Mitsubishi Outlander Sport subcompact crossover may seem like the right type of car for the times, but it falls short in its execution. Brand new tiny crossovers have been popping up left and right from other manufacturers, but the Outlander Sport feels like it's stuck in the past. If we're looking at it with the glass of water half full, the exterior styling sets itself apart from the rest of the homogeneous little ones out there. It's taut, angular, a little muscular and has some great looking wheel options. Unfortunately, that expressive exterior styling isn't carried over inside. Even in its most expensive form, the entire interior is a black plastic paradise. Powertrain options are a mixed bag with a lot more choices than most other subcompacts provide. What's new for 2019? Not much is new for the 2019 model year. SE trim models now have more standard safety equipment, including blind-spot and rear cross-traffic warning. The highest-priced GT trim adds forward collision mitigation, lane departure warning and automatic brights. This Outlander Sport belongs to the first-generation model, which debuted for the 2011 model year. What's the interior and in-car technology like? It's difficult to find a more drab and boring interior in a new car today than the Outlander Sport's. Even all the trim and contrasting accents are made of plastic that's hard and unpleasant to touch. Mitsubishi inexplicably put glossy plastic along the inner rim of the steering wheel in the GT model we drove, and it's terrible to hold for longer periods of time. One neat touch is the big "4WD" button sitting in front of the shifter to turn on all-wheel drive. Mitsubishi takes great all-wheel drive seriously (RIP the Evo) so it's nice to see some recognition of the brand's heritage. One other sporting touch found on the GT is the suede inserts on the seats that looked good and make sure you don't slide around. One thing this crossover has going for it is the tech update it received for the 2018 model year. A 7-inch touchscreen that supports Apple CarPlay and Android Auto is included on the higher trims. Other features like heated seats and an auto-dimming mirror are available, but this is not a high-tech car by any means. How big is it? The Mitsubishi Outlander Sport is on the bigger side of subcompact crossovers at 171.9 inches in length.

Carlos Ghosn video: 'This is about conspiracy. This is about backstabbing'

Tue, Apr 9 2019

TOKYO — Nissan's former Chairman Carlos Ghosn maintained his innocence in a video released by his legal team Tuesday and accused some executives at the Japanese automaker of a "conspiracy" that led to his arrest on financial misconduct allegations. "The first message is that I'm innocent," said Ghosn, wearing a white shirt and dark jacket and speaking calmly in the nearly 10-minute video shown at the Foreign Correspondents' Club in Tokyo. "This is a conspiracy," he said. "This is not about specific events, this is not about, again, greed, this is not about dictatorship. This is about a plot. This is about conspiracy. This is about backstabbing." His lawyer Junichiro Hironaka said the video was prepared in case Ghosn was not able to speak at a news conference planned for Thursday. Ghosn was arrested last week while out on bail and remains at the Tokyo Detention Center. Ghosn said the executives behind the conspiracy were motivated by what he called "selfish fears," including what they saw as a merger with French alliance partner Renault SA. They mistook his leadership for greed and dictatorship, when he was the biggest defender of Nissan's autonomy, Ghosn said. He also said he was worried about Nissan, wondering whether those executives were really watching out for the company. Hironaka said a section of the video in which Ghosn mentioned names was removed on his legal advice. Nissan Motor Co., while declining to comment on the criminal case, has said an internal investigation has found that Ghosn falsified financial documents to under-report compensation, and that he used Nissan money for personal gain. "Nissan's internal investigation has uncovered substantial evidence of blatantly unethical conduct," company spokesman Nicholas Maxfield said when asked for comment on Ghosn's video. "The company's focus remains on addressing weaknesses in governance that enabled this misconduct." Ghosn's fourth arrest was on a fresh breach of trust allegation based on suspicion that payments from a Nissan subsidiary to an Oman dealership were diverted to a company effectively run by Ghosn. On Monday, Nissan Motor Co. shareholders voted to oust Ghosn from its board and to approve the appointment of French alliance partner Renault SA's Chairman Jean-Dominique Senard as Ghosn's replacement. Renault owns 43 percent of Nissan.

Nissan shareholders oust Carlos Ghosn from board of directors

Mon, Apr 8 2019

TOKYO — Nissan's shareholders approved on Monday the ouster from the Japanese automaker's board of its former chairman, Carlos Ghosn, who is facing allegations of financial misconduct. The approval, which was expected, was indicated by applause from the more than 4,000 people gathered at a Tokyo hotel for a three-hour extraordinary shareholders' meeting. Other votes had been submitted in advance. Ahead of the vote, Nissan's top executive apologized to shareholders for the scandal at the Japanese automaker and asked them to approve Ghosn's dismissal. Chief Executive Hiroto Saikawa and other Nissan executives bowed deeply in apology to shareholders attending the extraordinary meeting at a Tokyo hotel. Shareholders also approved the appointment of French alliance partner Renault SA's Chairman Jean-Dominique Senard to replace Ghosn. Renault owns 43 percent of Nissan. Senard, introduced to shareholders at the meeting's end, thanked them and promised to do his best to keep the automaker's performance on track. "I will dedicate my energy to enhance the future of Nissan," said Senard. The shareholders also gave a green light to removing from the board a former executive direct, Greg Kelly, who has been charged with collaborating with Ghosn in the alleged misconduct. Angry shareholders demanded an explanation for how wrongdoing on an allegedly massive scale had gone unchecked for years. The meeting was closed except to stockholders but livestreamed. One shareholder said Nissan's entire management should resign immediately. Saikawa said he felt his responsibility lay in fixing the shoddy corporate governance at Nissan first, and continuing to lead its operations. Another shareholder asked if Nissan was prepared for a damage lawsuit from shareholders since its stock price has plunged. "I deeply, deeply apologize for all the worries and troubles we have caused," Saikawa said. "This is an unprecedented and unbelievable misconduct by a top executive." He outlined the findings of an internal investigation, such as payments of a consultation fee to Ghosn's sister for 13 years. The investigation has also found too much power had been focused in one person, he said. Ken Miyamoto, 65, a Nissan shareholder, said he was disappointed. "It is really such a pity as he was a brilliant manager," Miyamoto said of Ghosn before heading into the meeting.

Carlos Ghosn's detention extended over fresh allegations

Fri, Apr 5 2019

TOKYO — A Japanese court on Friday approved the detention of former Nissan Chairman Carlos Ghosn through April 14 after his latest arrest over financial misconduct allegations, a move that has raised questions among legal experts. The former star executive was taken into custody Thursday over fresh allegations that $5 million sent by a Nissan Motor Co. subsidiary and meant for an Oman dealership was diverted to a company effectively controlled by Ghosn. Ghosn spent nearly four months in detention and was just released last month after meeting stringent bail conditions while he awaits trial over earlier allegations that he under-stated his compensation in financial documents, had Nissan shoulder his personal investment losses and made dubious payments to a Saudi businessman. The Tokyo District Court on Friday approved the initial 10-day detention request from prosecutors, who can seek another 10-day extension before needing to file charges against Ghosn, release him or accuse him of fresh misconduct that needs investigating. Stringing out a suspect's arrest for the full 20 days and then raising fresh accusations is common in Japan, where it is known as a "rearrest." Critics say it allows suspects to be grilled by the authorities, resulting in some signing confessions to crimes they never committed. But it is rare for a suspect to receive bail and then be taken back into custody. Ghosn, 65, was first arrested Nov. 19 and released March 6 on 1 billion yen ($8.9 million) bail, after two previous rearrests. He says he is innocent of all allegations. Prosecutors argue the latest allegations are different from the previous ones, but his legal team says they are part of the same scenario of alleged wrongdoing. In demanding the latest detention, prosecutors argued Ghosn may tamper with evidence related to the fresh allegations. Prosecutors had earlier fought against bail for Ghosn, a citizen of France, Brazil and Lebanon, arguing he was a flight risk. Ghosn's lawyer Junichiro Hironaka pointed out prosecutors have already raided Ghosn's property and taken everything, leaving little to tamper with.

Carlos Ghosn re-arrested and thrown back in jail [UPDATE]

Thu, Apr 4 2019

TOKYO — Tokyo prosecutors arrested Nissan's former chairman Carlos Ghosn on Thursday for a fourth time, on fresh allegations that cut short his brief time outside detention. Early in the morning, Ghosn was taken from his apartment in Tokyo to the prosecutors' office and then sent to the Tokyo Detention Center, the same facility where he spent more than three months following his arrest in November. He had been released on bail just a month earlier. It's unclear how long Ghosn may be detained under the latest arrest, which involves what prosecutors said was a new alleged crime. "My arrest this morning is outrageous and arbitrary," Ghosn said in a statement issued Thursday. "It is part of another attempt by some individuals at Nissan to silence me by misleading the prosecutors. Why arrest me except to try to break me? I will not be broken. I am innocent of the groundless charges and accusations against me." The prosecutors defended the move, saying the latest allegations are a new case requiring precautions to prevent Ghosn from destroying evidence. They allege $5 million in funds sent by a Nissan subsidiary to an overseas dealership were diverted to a company controlled by Ghosn. "We now have a totally different case, and we are only doing what we think is right," Shin Kukimoto, deputy chief prosecutor at the Tokyo District Prosecutor's Office, told reporters. "As a result of our investigation, we have a new case in which he must be detained, and we have appropriately obtained an arrest warrant from the court," he said. Ghosn, 65, was first arrested on Nov. 19 on charges of under-reporting his compensation. He was rearrested twice in December, including on breach of trust charges. The multiple arrests prolong detentions without trial and are an oft-criticized prosecution tactic in Japan's criminal justice system. The allegations in the most recent arrest cover three money transfers from 2015 through last year, according to the prosecutors. Kukimoto said the new allegation of breach of trust is different from an earlier charge made in January. The companies where the money was transferred to, the motives, and the alleged scheme are all different, he said. He refused to identify the three companies allegedly involved but said one company was in effect owned by Ghosn. Unlike an earlier case, in which Ghosn caused damage to Nissan to benefit himself and a business partner, this time it was merely "for his own personal benefit," Kukimoto said.

Carlos Ghosn in Twitter debut vows to 'tell the truth about what's happening'

Wed, Apr 3 2019

TOKYO — Ousted Nissan boss Carlos Ghosn's sudden appearance on Twitter on Wednesday was a surprise move by the businessman that perplexed people and sent journalists scrambling, and not for the first time. The first tweet from the @carlosghosn account on the social network read, "I'm getting ready to tell the truth about what's happening. Press conference on Thursday, April 11." It did not specify a time or place. Featuring a photo of a smiling, grey-haired Ghosn standing in front of a tree with seasonal cherry blossoms, the account initially lacked the blue tick mark to show it had been verified by the social network. That left journalists unsure of its authenticity — particularly as the conditions of Ghosn's $9 million bail preclude him from using the internet. This content is hosted by a third party. To view it, please update your privacy preferences. Manage Settings. Forty minutes later, when the blue tick appeared, the tweet swept across social media and the account's followers swelled to almost 20,000, from just a handful earlier. Some of the replies appeared sympathetic to Ghosn, with others carrying photos of his now-famous exit from a Tokyo detention center last month. "Stood right alongside you with #GiveGhosnBail. Looking forward to hearing your side," wrote one Twitter user with the name @highmileage. Ghosn had also caught media off guard when he disguised himself in a workman's uniform, cap and face mask to try and give waiting reporters the slip on leaving the detention center after his release on bail. The architect of the Nissan and Renault SA global alliance was then pursued by media as he rode away in a small work van, a Suzuki, topped with a ladder. Ghosn's dramatic fall from grace began with his arrest in November after getting off a private plane at Tokyo's Haneda Airport. He has since been charged with financial misconduct and aggravated breach of trust. On Wednesday, the Yomiuri newspaper said Tokyo prosecutors will soon decide whether to prosecute Ghosn on further charges. A further arrest could jeopardize the planned news conference. It remains unclear if Ghosn sent the tweet or it was sent on his behalf. His bail conditions allow him to access a computer at his lawyer's office but forbid him to use the internet. Government/Legal Mitsubishi Nissan Renault renault-nissan

Facts point to legal violations by Carlos Ghosn, says Nissan external review

Thu, Mar 28 2019

YOKOHAMA, Japan — An external committee reviewing governance at Nissan Motor Co said on Wednesday there were enough facts to suspect violations of laws and the private use of company funds by ousted chairman Carlos Ghosn. Following a three-month audit of Nissan's governance after a scandal that shook the global auto industry, the committee put the blame squarely on what it called Ghosn's concentration of power. It also acknowledged Nissan CEO Hiroto Saikawa's role in Ghosn's salary arrangement at the heart of the scandal. Twenty years to the day since French automaker Renault SA agreed to rescue Nissan, the committee described a corporate culture at Nissan "in which no one can make any objections to Mr. Ghosn," who was "in a way deified within Nissan as a savior who had redeemed Nissan from collapse." A representative for Ghosn replied in a statement that the allegations made against the former Nissan chairman "will be revealed for what they are: part of an unsubstantiated smear campaign against Carlos Ghosn to prevent the integration of the Alliance and conceal Nissan's deteriorating performance." The group issued 38 recommendations to bolster Nissan's governance, including that top executive positions at the Japanese car maker should not be held by people serving in executive positions at Renault or junior partner Mitsubishi Motors. It also proposed that the majority of directors, including the chairman of the board, be independent, outside directors and that the role of company chairman be abolished. Responding to the committee's comments, Saikawa told reporters on Thursday that Nissan would seriously consider the committee's recommendations, which he characterized as "tough." Saikawa, who was speaking outside his home, did not specifically address his responsibility in the scandal but has previously said that top management, including himself, were responsible for weak governance which led to the misconduct. The recommendations from the external, seven-member committee came weeks after Nissan and Renault said they would retool their alliance, one of the world's biggest automaking groupings, to break up the all-powerful chairmanship previously held by Ghosn. "There are facts sufficient to suspect violations of laws and regulations, violation of internal rules and private use of company funds and expenses ... by Mr. Ghosn," the committee said in its report.

L200 Absolute Concept is the off-road truck we want from Mitsubishi

Wed, Mar 27 2019

Mitsubishi took the wraps off a concept off-road truck called the L200 Absolute at the Bangkok International Motor Show, and we completely approve. The truck isn't just a normal L200 with an appearance package. No, Mitsubishi went in and modified the suspension, added a ton of body cladding and even some carbon fiber. We don't think about Mitsubishi as much ever since the Evo was discontinued here, but this truck provides a bit of hope that one day the Japanese brand could be cool again in America. To begin, Mitsubishi widened the truck's track to make room for the beefy Falken Wildpeak all-terrain tires wrapping the black off-road wheels. Then the suspension was modified to give the truck a two-inch lift — it was also given a new shock and spring setup for off-road use, providing more suspension travel. Sadly, Mitsubishi does not say more about it, but we're happy that this truck will be much more capable when the trails get rough. Large and obvious red-accented skid plates are placed in the front and rear to offer some stylish protection. Then check out all the carbon fiber parts on this truck. Mitsubishi uses the material on the tailgate and fender flares. This is not the norm for trucks, nor is it typical of Mitsubishi as of late, but we're totally for it. A big LED lighting package is the last bit that is largely different from the normal L200/Triton pickup truck made in Thailand. We'll hand it to Mitsubishi for this one. The "Absolute" name is even an improvement over the last off-road concept it made called the Engelberg Tourer. Midsize trucks are hot now. This truck in production form could definitely raise some eyebrows in the U.S. with its off-road nature similar to the Colorado ZR2 and Jeep Gladiator. We definitely need something to get excited about Mitsubishi again, especially now with the Evo long in the rearview mirror.

Nissan, Renault break up the Ghosn-style almighty chairmanship

Tue, Mar 12 2019

YOKOHAMA, Japan — Japan's Nissan Motor and France's Renault said they would retool the world's top car-making alliance to put themselves on more equal footing, breaking up the all-powerful chairmanship previously wielded by ousted boss Carlos Ghosn. The removal of Ghosn, credited for rescuing Nissan from near-bankruptcy in 1999, had caused much uncertainty about the future of the alliance and some speculation the partnership could even unravel. The companies, together with junior ally Mitsubishi Motors, on Tuesday said the chairman of Renault would serve as the head of the alliance but — in a critical sign of the rebalancing — not as chairman of Nissan. "This is a very special day for the alliance," Renault SA's chairman, Jean-Dominique Senard, told reporters after a meeting at Nissan's Yokohama headquarters. He spoke to reporters along with Renault's chief executive, Thierry Bollore; Nissan CEO Hiroto Saikawa; and Osamu Masuko, CEO of the smaller Japanese alliance partner Mitsubishi Motors Corp. Those four executives will meet every month in Paris or Tokyo and oversee various projects, helping to make the companies' operations more efficient, they said. Nissan has said that Ghosn wielded too much power, creating a lack of oversight and corporate governance. It was not clear who would become Nissan's chairman, vacant since Ghosn was arrested in Japan in November. But the automakers gave no indication of any immediate change in their cross-shareholding agreement, one which has given smaller Renault SA more sway over Nissan. The alliance did not announce any changes in mutual stake holdings. The so-called Restated Alliance Master Agreement that has bound them together so far remains intact, they said. "We are fostering a new start of the alliance. There is nothing to do with the shareholdings and the cross-shareholdings that are still there and still in place," Renault Chairman Senard said. "Our future lies in the efficiency of this alliance," he told reporters at Nissan's headquarters in Yokohama. Senard also said he would not seek to be chairman of Nissan, but instead was a "natural candidate" to be vice-chairman. Former Nissan chairman Ghosn was released on a $9 million bail last week after spending more than 100 days in a Tokyo detention center.