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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.

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

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.

2022 Villa d'Este Concours d'Elegance Mega Gallery | The show in pictures

COMO, Italy — Held annually, the Villa d'Este Concours d'Elegance is, in many ways, Europe's version of the Pebble Beach Concours d'Elegance. It takes place in a beautiful location, and it brings together an impressive selection of rare and valuable cars. It's a real treat for the eyes, the ears, and, if you're into champagne, the palate. The 2022 edition of the show was no exception: About 50 cars were shipped to Lake Como from over a dozen countries, and it wasn't just the usual suspects. Sure, there were a lot of pre-war cars (including a couple of one-off models), but some of the icons that younger enthusiasts grew up with (like the Lamborghini Countach) were present as well. This year's event was split into eight categories: The Art Deco Era of Motor Car Design, The Supercharged Mercedes-Benz, How Grand Entrances Were Once Made, Eight Decades of Ferrari Represented in Eight Icons, "Win on Sunday, Sell on Monday," BMW's M Cars and Their Ancestors, Pioneers That Chased the Magic 300 KPH, And a design award for concept and prototypes. The jury gave the coveted "best of show" award to a 1937 Bugatti 57 S owned by Andrew Picker of Monaco, while the aforementioned classes were won by, respectively: The Bugatti 57 S, shown below, A 1936 Mercedes-Benz 540K Cabriolet, A 1956 Chrysler Boano Coupe Speciale, A 1966 Ferrari 356 P Berlinetta Speciale Tre Posti, A 1961 Porsche 356 B Carrera Abarth GTL, A 1972 BMW 3.0 CSL, A 1989 Porsche 959 Sport, And the Bugatti Bolide concept unveiled in 2020. Winning at Villa d'Este is a big deal: The cars are judged by a panel of highly experienced judges. No one gave me a scoring sheet, presumably out of fear that I'd award points to the late-model Fiat 600 lurking in the parking lot, but several cars that didn't win an award caught my eye. One is a 1934 Bugatti Type 59 Sports, a grand-prix racer that was once owned by King Leopold III of Belgium and that has never been restored — its patina is inimitable. Another is a 1961 BMW 700 RS. One of two built (the other is in the BMW collection), it's a tiny, ultra-light roadster related to the 700 and powered by a 697-cubic-centimeter air-cooled flat-twin tuned to develop 70 horsepower. It won several hill-climb events during the 1960s, and it's one of the rarest cars ever to wear a BMW roundel. Aston Martin's freshly-restored 1979 Bulldog concept was cool to see as well; check out the cassette player integrated into the headliner!