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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.

Chevy Volt 'acceptable,' Nissan Leaf 'poor' in new IIHS safety tests

Ford C-Max Hybrid also scored "acceptable" rating. With US Nissan Leaf sales up almost 30 percent during the first half of the year, the only thing that might be able to stop the battery-electric vehicle is a good, stiff barrier. Unfortunately, thing's aren't always pretty when that happens in the real world, according to new tests from the Insurance Institute for Highway Safety (IIHS). Things with the Chevrolet Volt extended-range plug-in are a little bit rosier, though. The two plug-in vehicles were part of a batch of a dozen vehicles that just went through the IIHS's "small overlap" test, in which the driver's side front corner of the vehicle is crashed into a rigid barrier at 40 miles per hour. Out of the dozen, only the Mini Cooper Countryman was given a "good" rating. Five vehicles, including the Volt and the Ford C-Max Hybrid, were rated "acceptable," two were "marginal" and two, including the Leaf, were "poor." Plug-in vehicles are unique in the crash-test context because of their relatively large battery sizes. In the Volt's case, the driver had a "low risk" of injury, said the IIHS. But the Leaf's crash substantially pushed back the instrument panel and steering column, creating a scenario where the driver was "likely" to sustain leg injuries. The batteries in both the Leaf and the Volt passed safety tests specifically targeted at things like thermo and electrical properties and overall integrity. "Nissan is proud of the Leaf's 'Good' rating in all other IIHS tests, a 4-star NCAP rating from NHTSA and its IIHS Top Safety Pick rating in all previous years since the car's release," the company said in an e-mail sent to AutoblogGreen. "As for the performance of the 2014 Leaf in the 'small overlap frontal test,' Nissan will continue to review these and other results from the IIHS 'small overlap frontal test' as we seek opportunities for improvement." Check out the IIHS's press release and small car crash-test video footage below. Range of ratings: Small car ratings run the gamut in challenging small overlap front test The Mini Cooper Countryman is the only small car to earn a good rating among the latest group of 12 cars subjected to the Institute's small overlap front crash test. Two electric models and a hybrid also are in the mix, with varied results. The electric-powered Chevrolet Volt (with a gasoline engine "range extender") earns an acceptable rating, while its battery-electric rival, the Nissan Leaf, earns a poor rating.

Renault delays decision on merger with Fiat Chrysler

PARIS — Renault has delayed a decision on whether to merge with Fiat Chrysler Automobiles, a deal that could reshape the global auto industry as carmakers race to make electric and autonomous vehicles for the masses. The deal still looks likely, but faced new criticism Tuesday from Renault's leading union and questions from its Japanese alliance partner Nissan. The French government is also putting conditions on the deal, including job guarantees and an operational headquarters based in France. The French carmaker's board will meet again at the end of the day Wednesday to "continue to study with interest" last week's merger proposal from FCA, Renault said in a statement. A Renault board meeting Tuesday to study the deal was inconclusive. The company didn't explain why, but a French government official said board members don't want to rush into a deal and are seeking agreement on all parts of the potential merger. The official, who spoke on condition of anonymity in line with government policy, told The Associated Press the conditions outlined by France's finance minister still "need to be met." France and Italy are both painting themselves as winners in the deal, which could save both companies 5 billion euros ($5.6 billion) a year. But workers worry a merger could lead to job losses, and analysts warn it could bog down in the challenges of managing such a hulking company across multiple countries. And a possible loser is Japan's Nissan, whose once-mighty alliance with Renault and Mitsubishi is on the rocks since star CEO Carlos Ghosn's arrest in November. Nissan CEO Hiroto Saikawa cast doubt Tuesday on whether his company will be involved in a Renault-Fiat Chrysler merger — and suggested adding Fiat Chrysler to the looser Renault-Nissan-Mitsubishi alliance instead. Saikawa said in a statement that the Renault-Fiat Chrysler deal would "significantly alter" the structure of Nissan's longtime partnership with Renault, and Nissan would analyze its contractual relationships to protect the company's interests. If Renault's board says "yes" to Fiat Chrysler, that would open the way for a non-binding memorandum of understanding to start exclusive merger negotiations. The ensuing process — including consultations with unions, the French government, antitrust authorities and other regulators — would take about a year. A merger would create the world's third-biggest automaker, worth almost $40 billion and producing some 8.7 million vehicles a year.