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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 detention extended over fresh allegations

TOKYO — A Japanese court on Friday approved the detention of former Nissan Chairman Carlos Ghosn through April 14 after his latest arrest over financial misconduct allegations, a move that has raised questions among legal experts. The former star executive was taken into custody Thursday over fresh allegations that $5 million sent by a Nissan Motor Co. subsidiary and meant for an Oman dealership was diverted to a company effectively controlled by Ghosn. Ghosn spent nearly four months in detention and was just released last month after meeting stringent bail conditions while he awaits trial over earlier allegations that he under-stated his compensation in financial documents, had Nissan shoulder his personal investment losses and made dubious payments to a Saudi businessman. The Tokyo District Court on Friday approved the initial 10-day detention request from prosecutors, who can seek another 10-day extension before needing to file charges against Ghosn, release him or accuse him of fresh misconduct that needs investigating. Stringing out a suspect's arrest for the full 20 days and then raising fresh accusations is common in Japan, where it is known as a "rearrest." Critics say it allows suspects to be grilled by the authorities, resulting in some signing confessions to crimes they never committed. But it is rare for a suspect to receive bail and then be taken back into custody. Ghosn, 65, was first arrested Nov. 19 and released March 6 on 1 billion yen ($8.9 million) bail, after two previous rearrests. He says he is innocent of all allegations. Prosecutors argue the latest allegations are different from the previous ones, but his legal team says they are part of the same scenario of alleged wrongdoing. In demanding the latest detention, prosecutors argued Ghosn may tamper with evidence related to the fresh allegations. Prosecutors had earlier fought against bail for Ghosn, a citizen of France, Brazil and Lebanon, arguing he was a flight risk. Ghosn's lawyer Junichiro Hironaka pointed out prosecutors have already raided Ghosn's property and taken everything, leaving little to tamper with.

2018 Autoblog Technology of the Year finalists

After months of prepping and several days of testing, we narrowed the field for Autoblog's 2018 Tech of the Year award to the Nissan Rogue with ProPilot Assist semi-autonomous driving system, the Lexus LC 500h and its new hybrid powertrain, and the Chevy Colorado ZR2 and its trick Multimatic spool-valve off-road shocks. Three very different cars with very different technologies duking it out for the award. Look for news of our winner at the 2018 Detroit Auto Show. We hand out this award every year to the technology or feature that we feel moves the bar forward for the automotive industry. Read more here on how our testing process works. We discuss, debate and count up score sheets, judging each vehicle and technology on a few different criteria. Is its purpose noteworthy? Does it work well? Does it advance the industry? The Nissan Rogue with ProPilot Assist was actually a prototype, as the technology will first debut in the 2018 Nissan Leaf. Still, we're here to test the tech and not the car. ProPilot Assist combines adaptive cruise control system combined with lane-keeping assistance. The system uses sonar, radar and a number of cameras for some light semi-autonomous driving and enhanced safety. While these systems aren't new individually, Nissan's system is affordable, intuitive, and coming to a mainstream product — democratizing the tech in a novel way, if you will. That's why it's here. The Lexus LC 500h uses a new powertrain that Lexus has dubbed the Multi-Stage Hybrid System. Basically it combines two types of transmissions — a CVT and a four-speed automatic — in a single unit mated to a naturally aspirated V6. That's complex and unorthodox technology, and Lexus engineered it to give drivers the efficiency of a CVT without sacrificing driving enjoyment. The package is subtle, working in the background to create a nearly seamless driving experience. It's engaging in a way most other hybrids can only dream of. The fact that it's wrapped in such gorgeous sheetmetal only makes things better. The Multimatic spool valve shocks in the Chevy Colorado ZR2 might seem low-tech compared to ProPilot Assist and the Lexus Multi-Stage Hybrid, but they represent a completely novel application of a technology that several years ago was so expensive that it was reserved for top-tier race cars. Like the LC 500h, these shocks really change your perception of how a vehicle like this should drive.