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Nissan poaches Ram CEO Fred Diaz

Nissan has announced that it has hired Fred Diaz as its new divisional vice president of sales and marketing. With the appointment, Diaz unexpected exits his post as president and CEO of Chrysler's Ram brand, a position he has held since 2009 when the brand was created as a separate entity from Dodge. He was also president and CEO of Chrysler de Mexico.
Nissan issued a press released - posted below - in which it says that Diaz's newly formed position will be responsible for the day-to-day operations of the brand in the US, including such facets as sales, marketing, parts and service, along with administrative matters. In addition, he will lead Nissan's light commercial vehicle and fleet division, likely a key attraction with his Ram background.
Chrysler has yet to name a replacement for Diaz.

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.

Nissan's Kelly examined at Japanese hospital after securing bail

TOKYO — Nissan director Greg Kelly was being examined in a hospital on Wednesday, a source said, a day after he was released on bail from a Tokyo jail where his former boss Carlos Ghosn is still being detained. Kelly, an American who was released late on Christmas Day after more than a month in detention, has been charged with conspiring to under-report Ghosn's income. He posted bail of 70 million yen ($640,000). Their Nov. 19 arrests jolted the global car industry and has strained Nissan's alliance with French car maker Renault SA. Nissan's board last month fired Ghosn as chairman and Kelly as representative director, although both men technically still remain board members who can only be removed by shareholders. Kelly suffers from spinal stenosis, causing numbness, tingling and shooting pain in his extremities, according to a video message last week from his wife, Dee Kelly, appealing for his release. The condition compresses or pinches the spinal cord. Those symptoms worsened during his five weeks in the Tokyo Detention Center, his wife said, citing Kelly's lawyer. Kelly was scheduled to have surgery on Dec. 7 in Nashville, Tennessee, but flew to Japan last month after being told that he was needed in person at a board meeting, Dee Kelly said in the video. Kelly was arrested soon after his arrival. Under the conditions of his bail, Kelly is barred from traveling overseas and his residence must be restricted to a designated place, the Tokyo District Court said. Lawyers say that travel exceptions can be made on a case-by-case basis. Kelly walked out of the detention center around 10:45 pm (1345 GMT) Thursday night wearing a light-colored jacket and was whisked away in a black taxi. Japanese media showed footage of Kelly entering a hospital around midnight. After his release from detention, Kelly issued a statement through his lawyer saying he had not falsified any documents and looked forward to restoring his honor in court. "I believe my innocence will be revealed in the trial," he said. Kelly also said in the statement he wanted to see a doctor immediately and get the appropriate treatment or operation originally scheduled for early December. The office of his lawyer, Yoichi Kitamura, did not respond to requests for comment. Ghosn was re-arrested on Friday based on suspicions that around October 2008 he shifted personal trades to Nissan to make it responsible for 1.85 billion yen ($16.6 million) in appraisal losses, prosecutors said.