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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.

2014 Rogue kicks off production as 10,000,000th Nissan built in Tennessee

News comes across our desks all the time of one manufacturer marking some milestone or another. But Nissan has just announced a double-whammy: Not only has Nissan's assembly plant in Smyrna, TN, just built its ten-millionth vehicle, but that ten-millionth vehicle just so happened to be the first Nissan Rogue to be built in the United States.
The milestone arrives after over three decades of production that has included such nameplates as the Sentra, Altima, Maxima, Leaf, Pathfinder, Infiniti QX60, Xterra, Frontier, and now the Rogue. The latter crossover has swelled into Nissan's second best-selling vehicle, with demand growing by nearly 50 percent from 2010 to 2012. Now redesigned for 2014 and built locally, Nissan is evidently banking on demand continuing to rise.

Nissan expands Ghosn probe to more countries, executive Munoz under scrutiny, sources say

BEIJING — Nissan Motor Co Ltd has broadened its investigation into ousted chairman Carlos Ghosn to include dealings that took place in the United States, India and Latin America, three people with knowledge of the inquiry said. In one aspect of their internal probe, company investigators are looking into decisions made in the United States by Jose Munoz who led Nissan's North American operations from 2014 to 2018, the people said. Munoz was recently placed on a leave of absence due to the probe, they added. Nissan said this month that Munoz, its chief performance officer and widely seen within the industry as close to Ghosn, was on leave "to allow him to assist the company by concentrating on special tasks arising from recent events." Munoz is not cooperating with investigators, two of the people with knowledge of the probe said, both describing his actions as "stonewalling". One of the sources described Munoz, who currently heads Nissan's China operations, as a "person of interest" in the probe, adding that it was not clear whether he would be accused of any wrongdoing. Munoz, 53, did not reply to Reuters requests for comment. The people with knowledge of the probe spoke to Reuters on condition of anonymity due to the sensitivity of the matter. A lawyer for Ghosn, Motonari Otsuru, said in an emailed comment: "I am unaware of this." Some of the questions put to Munoz relate to dealer franchise rights, one of the sources said. Other questions relate to contracts with parts suppliers and service providers that Munoz approved when he was at the helm of Nissan's U.S. operations, another source said. The sources said the findings made as part of the probe into Ghosn's affairs in the U.S. market are being shared with prosecutors. Tokyo prosecutors declined to comment. Nissan has said its internal investigation had uncovered "substantial and convincing evidence of misconduct" by Ghosn and that its scope is expanding. Ghosn, once the most celebrated executives in the auto industry and the anchor of Nissan's alliance with France's Renault SA, has been charged with under-reporting his income. On Friday, he was also charged with aggravated breach of trust, accused of shifting personal investment losses worth 1.85 billion yen ($17 million) to Nissan. In his first public appearance since his Nov.