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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.

Japan plans real-world diesel emissions test after companies fail

Japan's transport ministry plans to start real-world diesel emissions tests after an experiment found four models from Toyota, Nissan, and Mitsubishi that produced more nitrogen oxide (NOx) emissions than the nation's rules allow, according to The Japan Times. Regulators there usually only perform emissions checks in the lab. The VW diesel scandal has everyone double-checking their figures. Diesel versions of the Toyota Hiace van, Land Cruiser Prado, and Nissan X-Trail produced up to 10 times more NOx than allowed. The Mitsubishi Delica D:5 was up to five times over the limit, The Wall Street Journal reports. There was no evidence of defeat devices in the vehicles. Mazda performed well in the experiment, though. The CX-5 passed with nearly the same results on the road and in the lab. The Demio, better known as the Mazda2, did nearly as well with only slighter higher figures in the real world than in the controlled setting. The experimenters theorized the reason for the excessive emissions was that cold weather caused the engines' software to shut off the exhaust gas recirculation to prevent damage, according to the WSJ. However, this behavior also increased NOx production. Toyota, Nissan, and Mitsubishi don't have to worry about punishment from the transport ministry because this check was just an experiment. Their models already passed the mandated lab tests, which was the only requirement, according to The Japan Times. As governments begin greater real-world emissions tests, the results suggests diesels aren't very clean. A recent check in France found models from Ford, Renault, and Mercedes-Benz that didn't perform up to the standards. Regulators in India conducted similar evaluations and ordered VW to recall over 300,000 vehicles. Related Video:

Nissan reviving Pulsar name for Euro market

The Nissan Pulsar doesn't have what we'd consider a rich history in the US, other than on some models decades ago. However, the nameplate has been part of the Nissan lineup globally since 1978 and has proven popular in Asia and Australia. Now, the brand is teasing a five-door hatch to revive the name and hit European showrooms this fall.
The new Pulsar will be built at the company's recently renovated factory in Barcelona, Spain. It's not clear from the teaser whether this is the same model that is already sold in other parts of the world or a brand new vehicle. Although, Nissan says in the announcement that the car "has been designed to meet the specific demands of European car buyers."
With competitors like the Volkswagen Golf and Ford Focus, the European five-door hatch market is seriously competitive. It will be interesting to see if Nissan will have something special to bring to the table. Scroll down to read Nissan's full teaser about its latest hatchback in Europe.