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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.

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.

Car technology I'm thankful and unthankful for

The past few years have seen a surge of tech features in new vehicles — everything from cloud-based content to semi-autonomous driving. While some of it makes the driving experience better, not all tech is useful or well thought out. Automakers who are adept at drivetrains, ride quality and in-cabin comforts often fail at infotainment interfaces and connectivity. From testing dozens of vehicles each year and in the spirit of gratitude, here are three car tech features I'm thankful — and a trio I could live without. Thanks Connected search: This seems like a no-brainer since everyone already has it on their smartphones, but not all automakers include it in the dashboard and as part of their nav systems. The best ones, such as Toyota Entune, leverage a driver's connected device to search for a range of services and don't charge a subscription or require a separate data plan for the car. I also like how systems like Chrysler Uconnect use Yelp or other apps to find everything from coffee to gas stations and allow searching via voice recognition. Apple CarPlay and Android Auto: It took two of the largest tech companies to get in-dash infotainment right. While they have their disadvantages (you're forced to use Apple Maps with CarPlay, for example), the two smartphone-integration platforms make it easier and safer to use their respective native apps for phoning, messaging, music and more behind the wheel by transferring a familiar UI to the dashboard — with no subscription required. Heated seats and steering wheels: I really appreciate these simple but pleasant features come wintertime. It's easy to get spoiled by bun-warmers on frosty mornings and using a heated steering wheel to warm the cold hands. I recently tested a 2018 Mercedes-Benz E400 Coupe that also had heated armrest that added to a cozy luxury experience. Bonus points for brands like Buick that allow setting seat heaters to turn on when the engine is remotely started. No thanks Automaker infotainment systems: Automakers have probably poured millions into creating their own infotainment systems, with the result largely being frustration on the part of most car owners. And Apple CarPlay and Android Auto coming along to make them obsolete. While some automaker systems, such as Toyota Entune and FCA's Uconnect, are easy and intuitive to use, it seems that high-end systems (I'm looking at you BMW iDrive and Mercedes-Benz COMAND) are the most difficult.