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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.

Nissan Recalls More Than One Million Vehicles For Air Bags

Nissan is recalling just over one million cars, SUVs and vans because the front passenger air bags may not inflate in a crash. It's the company's second recall to fix the same problem. The recall affects the Altima midsize car, Leaf electric car, Pathfinder SUV and Sentra compact models from the 2013 and 2014 model years, as well as the NV200 Taxi van and Infiniti JX35 SUV from 2013. Also covered are the Infiniti QX60 and Q50 SUVs from 2014. In documents filed with the National Highway Traffic Safety Administration, Nissan says the vehicles' computer software may not detect an adult in the passenger seat. If that happens, the air bags won't inflate. Nissan will notify owners and dealers will update the software for free. The recall is expected to start in mid-April. Most of the vehicles were recalled in February of last year for a similar problem. Dealers replaced seat sensors, but Nissan said it continued to get consumer complaints and warranty claims in vehicles that had been repaired. Front passenger seats have sensors that determine the passenger's weight and turn off air bags off if a child is on board. The malfunctioning sensors can turn the air bags off even if an adult is in the seat. Nissan received three reports of air bags failing to inflate in a crash. Spokesman Steve Yeager said in an e-mail that he is not sure if anyone was hurt in those incidents. There have been no deaths due to the problem, he said. The recall affects almost 990,000 vehicles in the U.S., another 60,000 in Canada and small numbers in other countries, Yeager said. Related Gallery Nissan Searches For Identity In America

Recharge Wrap-up: Shift to offer Teslas for Hire, Model S P85D beats Ferrari in drag race

A company called Shift plans to provide bikes and EVs for hire. Based in Las Vegas, NV, Shift will provide chauffeured ride services like Uber, but will also include a car- and bike-sharing service that delivers the desired wheels to the customer. Shift's fleet will include EVs like the Smart Fortwo Electric Drive and the Tesla Model S. Shift also promises that you will, "Be on your way within five minutes," which is a pretty tall order. Shift is scheduled to be available to members beginning this fall. Read more at The Car Connection. Nissan UK has confirmed the price of replacement batteries for the Leaf. UK drivers will be able to buy new batteries for 4,920 pounds (or about $7,738). That's considerably more than the price of $5,499 for US customers. Customers get 1,000 pounds back when they exchange their old battery. The original battery is covered under a five-year, 60,000-mile warranty, and most owners will never need to replace it. According to Nissan, only three replacement batteries have been sold out of 30,000 Leafs sold in Europe. Read more at Autocar. The Tesla Model S P85D walloped a Ferrari in an impromptu drag race video. The Ferrari driver pulls up alongside the Tesla and asks, "What you got in there?" before challenging him to a race. The Ferrari gets a head start, but the Tesla pulls out ahead quickly. The video also gets the reactions of some passengers to the car's mighty acceleration. See the video below and read the account of a drag race against a Lamborghini Aventador at Car Throttle. Australian website Drive has chosen their Cars of the Year in various categories. The Tesla Model S was a carryover winner for Luxury Car Over $80,000, but the Mercedes-Benz C200 narrowly overtook it to be crowned the overall winner. Regarding the Model S, one judge says, "This makes every other EV look at least a generation behind." The main thing that held the Tesla back from winning outright was the near-term lack of charging infrastructure. The judges did note Tesla's plans to build a network of Superchargers in Australia, but also pointed out that those plans exclude much of the country so far. See the video below and read more at Drive. This content is hosted by a third party. To view it, please update your privacy preferences. Manage Settings. This content is hosted by a third party. To view it, please update your privacy preferences. Manage Settings.