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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.

Ghosn's legacy: one of the auto industry's most effective execs

"Bob Lutz ... estimated that carrying out the Nissan operation would be the equivalent, for Renault, of putting $5 billion in a container ship and sinking it in the middle of the ocean." So wrote Carlos Ghosn in "SHIFT: Inside Nissan's Historic Revival," which was published in the U.S. in late 2004. Two points about that observation: It is in keeping with Lutz's "Often wrong but never in doubt." It shows that Ghosn is a remarkable executive, given that he was able to take Nissan from the edge of financial oblivion to one of the foremost automotive companies (although with alliance partners Renault and, more recently, Mitsubishi). In 1999, Ghosn created what was named the "Nissan Revival Plan." It could have just as well been called the "Nissan Resuscitation Plan." Things were that bad. Now Ghosn is in the midst of legal trouble, accused of financial improprieties of some sort. There is no indication that this is at anything near the scale of what happened at Volkswagen Group. There's malfeasance. And then there's malfeasance. It is likely that this is going to be the end of Ghosn's career, but at age 64, and as a man who has spent nearly the past quarter-century essentially on airplanes, it is probably a good time to leave the stage. What his next act will be — to court or even prison — is an open question. But arguably, Ghosn's performance in the transformation of Nissan and Renault, which also needed some strong medicine to keep it from collapse in the early '00s (although one suspects that the French government would have done its damnedest to keep it propped up), makes him one of the all-time most-notable executives in the auto industry. Ghosn closed plants in both France and Japan and he worked to dismantle the Nissan keiretsu network of interlocked companies, things that were absolutely unthinkable. He established plans with stretch goals in their titles, like the "20 Billion Franc Cost-Reduction Plan," and worked with his people to achieve them, despite the pushback that seemed to come along with the announcement of the plan. As in, as he recalled in SHIFT, "Some people said, 'He's off the deep end. He's raving mad. Doesn't he know that at Renault you set the most conservative goals possible so you can be certain to reach them?' My answer to that sort of thinking was 'You're going to get what you ask for. If you set the bar too low, you'll be a low-level performance.

Recharge Wrap-up: liquid-cooled Tesla Supercharger, Acenta+ Leaf

A new video offers a close look at Tesla's updated Supercharger. Recently, Elon Musk spoke about the new charging station with a thinner, suppler liquid-cooled cable that is not only easier to manage, but has the potential to handle larger loads and offer quicker recharging. The first examples have been installed in Mountain View, CA, which we can see in this video. Besides the new cable, the new Supercharger also features a solid "button" on the charging handle as well as vents around the bottom of the unit. The video even shows thermal imaging of the new Supercharger, which shows the cable to be cooler than the cameraman usually records. See for yourself in the video above, and read more at Treehugger. Nissan has added a new trim level to the Leaf in the UK. The Acenta+ slots above the Acenta and just below the range-topping Tekna. It comes standard with the 6.6-kW onboard charger and Mode-3 32-amp (EVSE) cable. Using a fast charger, the Acenta+ Leaf can charge to 100 percent in just four hours. "We're delighted to add a new member to the Leaf family in the UK," says Nissan Motor GB Managing Director James Wright. "More than 9,500 Leafs have already been sold here and Nissan is the undisputed leader in the EV market. This new model delivers exceptional value and showcases the Leaf's incredible technology and engineering." Read more at Next Green Car. Mercedes-Benz Malaysia says its vehicles are compatible with B10 biodiesel blend. Malaysia recently announced a mandate for diesel to be sold blended with 10 percent palm-oil based biodiesel, after which, carmakers like BMW and Mercedes-Benz came forward with concerns over compatibility with their vehicles. "We have evaluated carefully the influence of B10 Biodiesel blends on our current diesel vehicles for the Malaysian market and we are now able to confirm its compatibility," says Mercedes-Benz Malaysia President and CEO Roland Folger. "We have service intervals of 12,000 km to ensure that our customers are not affected by the diesel quality. Our diesel-powered vehicles currently sold in Malaysia were seen to have run both smoothly and safely with the use of the B10 biodiesel blend." Read more from Paul Tan's Automotive News. Renault has honored its leading electric vehicle dealers with the 2015 Renault EV Awards.