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Nissan expands Ghosn probe to more countries, executive Munoz under scrutiny, sources say

BEIJING — Nissan Motor Co Ltd has broadened its investigation into ousted chairman Carlos Ghosn to include dealings that took place in the United States, India and Latin America, three people with knowledge of the inquiry said. In one aspect of their internal probe, company investigators are looking into decisions made in the United States by Jose Munoz who led Nissan's North American operations from 2014 to 2018, the people said. Munoz was recently placed on a leave of absence due to the probe, they added. Nissan said this month that Munoz, its chief performance officer and widely seen within the industry as close to Ghosn, was on leave "to allow him to assist the company by concentrating on special tasks arising from recent events." Munoz is not cooperating with investigators, two of the people with knowledge of the probe said, both describing his actions as "stonewalling". One of the sources described Munoz, who currently heads Nissan's China operations, as a "person of interest" in the probe, adding that it was not clear whether he would be accused of any wrongdoing. Munoz, 53, did not reply to Reuters requests for comment. The people with knowledge of the probe spoke to Reuters on condition of anonymity due to the sensitivity of the matter. A lawyer for Ghosn, Motonari Otsuru, said in an emailed comment: "I am unaware of this." Some of the questions put to Munoz relate to dealer franchise rights, one of the sources said. Other questions relate to contracts with parts suppliers and service providers that Munoz approved when he was at the helm of Nissan's U.S. operations, another source said. The sources said the findings made as part of the probe into Ghosn's affairs in the U.S. market are being shared with prosecutors. Tokyo prosecutors declined to comment. Nissan has said its internal investigation had uncovered "substantial and convincing evidence of misconduct" by Ghosn and that its scope is expanding. Ghosn, once the most celebrated executives in the auto industry and the anchor of Nissan's alliance with France's Renault SA, has been charged with under-reporting his income. On Friday, he was also charged with aggravated breach of trust, accused of shifting personal investment losses worth 1.85 billion yen ($17 million) to Nissan. In his first public appearance since his Nov.

Ex-Nissan chairman Carlos Ghosn indicted, may remain in jail for months

TOKYO — Nissan's ex-chairman Carlos Ghosn was charged Friday with breach of trust, according to the Tokyo District Court, making the star executive's release unlikely for months. Ghosn, arrested Nov. 19, was earlier charged with falsifying financial reports in underreporting his income by about 5 billion yen ($44 million) over five years through 2015. Ghosn; Greg Kelly, another Nissan executive; and Nissan as a legal entity also were charged Friday with additional underreporting of income, from 2015 through mid-2018. Ghosn's lawyer Motonari Ohtsuru said he would request that Ghosn be granted release on bail. His detention period for the breach of trust allegations was due to expire Friday. Kelly and Nissan were not charged with breach of trust. Those allegations center on Ghosn's handling of investment losses and payments made to a Saudi businessman. Ghosn, 64, says he's innocent. Suspects in Japan are routinely held for months until trials start, and Tokyo prosecutors maintain that Ghosn, a Brazilian-born Frenchman of Lebanese ancestry, is a flight risk. Earlier this week Ghosn told a Tokyo court he was innocent, in his first public appearance since his arrest, and appealed for his detention to end. But the court rejected that request. "I have a genuine love and appreciation for Nissan," Ghosn told the court. "In all of my efforts on behalf of the company, I have acted honorably, legally and with the knowledge and approval of the appropriate executives inside the company." He said the compensation was never decided on, the investment deal never resulted in any losses to Nissan, and the payments to the Saudi businessman were for legitimate services related to dealers and investments in the Gulf. Ghosn, who appeared much thinner than before his arrest, came down with a fever the day after his court appearance, but has since recovered, Ohtsuru, the lawyer, said. His wife Carole Ghosn issued a statement overnight out of Paris, expressing concern over his sickness. "I am pleading with the Japanese authorities to provide us with any information at all about my husband's health. We are fearful and very worried his recovery will be complicated while he continues to endure such harsh conditions and unfair treatment," she said. Apart from prosecutors, only embassy officials and Ghosn's lawyers are allowed to visit him. Such visits were canceled Thursday but resumed Friday.

Carlos Ghosn appears in court: 'I am wrongly accused'

TOKYO — Former Nissan Chairman Carlos Ghosn told a Tokyo court on Tuesday that he was innocent, defending his honor in his first public appearance since he was arrested on Nov. 19 and charged with false financial reporting. "Your honor, I am innocent of the accusations against me," Ghosn told the judge, speaking firmly and calmly as he read from a statement. "I am wrongfully accused." Prosecutors have charged Ghosn, who led a dramatic turnaround at the Japanese automaker over the past two decades, with falsifying financial reports in underreporting his income by about 5 billion yen ($44 million) over five years through 2015. They also say he is suspected of having Nissan temporarily take on his investment losses from the financial crisis. Seen for the first time since his November arrest, Ghosn was wearing a dark suit without a tie, and plastic slippers, and looked thinner and with gray hair. He rebutted the allegations against him point-by-point and said he had the option to leave Nissan but had decided to stay on. "A captain doesn't jump ship during a storm," he told the court in a strong voice. The veteran auto executive, a familiar face at the World Economic Forum and other elite gatherings, was handcuffed and led into the courtroom with a rope around his waist as the hearing began. Officers uncuffed him and seated him on a bench. Presiding judge Yuichi Tada then read out the charges and said Ghosn, a Brazilian-born Frenchman of Lebanese ancestry, was considered a flight risk — he was arrested on his arrival in Tokyo by private jet — and might try to hide evidence. In Japan, suspects are routinely held without bail, often due to fears about evidence tampering. During Tuesday's hearing, Go Kondo, one of Ghosn's lawyers, argued he was not a flight risk. "He's widely known so it's difficult for him to escape. There is no risk that the suspect will destroy evidence," he said. Facing the courtroom, Ghosn spoke proudly of the automaker's — and his own — achievements, such as reviving iconic models like the GT-R and the Z, expanding operations in China, Russia, Brazil and India and pioneering electric cars and autonomous driving. "I have a genuine love and appreciation for Nissan," he said. Ghosn has been held in spartan conditions at a Tokyo detention facility since he was taken into custody. In keeping with Japanese regulations, he has been allowed visits only from his lawyers and consular officials.

Carlos Ghosn's son predicts surprises at ex-Nissan chief's day in court

PARIS — The son of former Nissan chairman Carlos Ghosn said in an interview published Sunday that people will be surprised when his father, detained since Nov. 19 for allegedly falsifying financial reports, recounts his version of events to a Tokyo court on Tuesday. Anthony Ghosn, 24, told France's Journal du Dimanche that his father — who will remain detained until at least Jan. 11 — will get 10 minutes to talk at the hearing, being held at his own request. "For the first time, he can talk about his version of the allegations against him," Anthony Ghosn said in the interview with the weekly paper Journal du Dimanche. "I think everyone will be rather surprised hearing his version of the story. Until now, we've only heard the accusers." The son has no direct contact with his father, and gets information via lawyers. He said his father, who for decades was a revered figure in the global auto industry, has lost about 10 kilograms (22 pounds) eating three bowls of rice daily, but he reads books and "he resists." Ghosn refuses to cave in, said his son, contending that he would be freed from detention if he admitted guilt to the prosecutor. "But for seven weeks, his decision has been quite clear ... He won't give in," Anthony Ghosn said, adding that he would be wearing prison clothes and handcuffs in court. Countering media portrayals, he insisted his father, a Brazilian-born Frenchman of Lebanese ancestry, is "not obsessed by money." "He always told us that money is but a means to help those you love, but not an end unto itself." Ghosn is charged with underreporting his pay by about 5 billion yen ($44 million) in 2011-2015, and faces a breach of trust allegation. He led Nissan Motor Co. for two decades and helped save the Japanese automaker from near bankruptcy. He remains head of France's Renault car company, which owns 43 percent of Nissan. Another Nissan executive, Greg Kelly, was arrested on suspicion of collaborating with Ghosn on the underreporting of income and was freed Dec. 25 on 70 million yen ($635,600) bail after more than a month in detention.Related Video:

Carlos Ghosn to make first public appearance in seven weeks on Tuesday

Ousted Nissan chairman Carlos Ghosn is set to make his first public appearance in seven weeks at a Tokyo court on Tuesday after he requested an open hearing to hear the reason for his continued detention. Ghosn has been held in a detention center since his Nov. 19 arrest on allegations of financial misconduct, which was followed by re-arrests over further allegations. The hearing will take place at 10:30 local time (0130 GMT) on Jan. 8, the Tokyo District Court said on Friday. The reason behind the timing of Ghosn's request was not clear. Earlier this week, the court approved an extension to Ghosn's detention until Jan. 11, after re-arrest by prosecutors who accuse him of aggravated breach of trust in transferring personal investment losses to Nissan. Those allegations center on the use of company funds to pay a Saudi businessman who is believed to have helped him out of financial difficulties, sources said last week. According to an article from The New York Times, Ghosn and his family assert that he is innocent. In remarks Ghosn made while under detention in Japan, he is reported to have said through his lawyer, "I want to have my position heard and restore my honor in court." Former Nissan executive Greg Kelly, who has been charged with conspiring to under-report Ghosn's income, has been released on bail after the court ruled against extending his detention while he awaits trial. Ghosn's arrest was followed by his removal from roles at Nissan and Mitsubishi. The case has rocked the auto industry and strained Nissan's ties with French partner Renault where Ghosn still remains chairman and chief executive. Renault has launched a search for an interim chief to fill Ghosn's roll at the French company as he deals with these legal cases in Japan. The arrest has also put some of the practices of Japan's criminal justice system under international scrutiny, including keeping suspects in detention for long periods and prohibiting defense lawyers from being present during interrogations. (Reuters contributed to this report.)Related Video:

Carlos Ghosn's jail time extended, as family says he was framed

TOKYO — Former Nissan chairman Carlos Ghosn will be detained at least through Jan. 11, the Tokyo District Court said Monday, as the once-revered auto industry figure faces allegations that have marked a stunning downfall. Ghosn, who led Nissan Motor Co. for two decades and helped save the Japanese automaker from near bankruptcy, was arrested Nov. 19 on suspicion of falsifying financial reports. He also faces a breach of trust allegation, for which his detention had been approved previously through Jan. 1. The Tokyo District Court said in a statement that it had approved prosecutors' request for a 10-day extension. Ghosn has been charged in the first set of allegations, about under-reporting Ghosn's pay by about 5 billion yen ($44 million) in 2011-2015. Related: Top 10 automotive stories of 2018 Those close to Ghosn and his family say he is asserting his innocence as the alleged underreported amount of money was never really decided or paid, and Nissan never suffered any monetary losses from the alleged breach of trust. It is unclear when Ghosn may be released on bail. Tokyo prosecutors consider Ghosn, a Brazilian-born Frenchman of Lebanese ancestry, a flight risk. In Japan, formal charges can mean a suspect will get detained for months, sometimes until the trial starts, because of fears of tampered evidence. Some experts are puzzled that the allegations against Kelly and Ghosn are about underreporting income from Nissan. Nissan is in charge of filing such financial reports, not individual executives. Over the weekend, The New York Times published an article, "The Rise and Fall of Carlos Ghosn," describing his arrest as well as his almost legendary ascendance as the outsider who saved Nissan: "He was a person who was above the clouds," said one Nissan employee. But it's clear from the article that his autocratic style has long rankled the Japanese. In a sidebar, the NYT also covered accusations from Ghosn's daughters that Nissan had set him up for a fall, part of a mutiny against his explorations of a merger between Nissan and Renault. They point out that Hiroto Saikawa, the chief executive of Nissan, complained about the nature of the alliance in the first news conference following Ghosn's arrest. "Wow," daughter Caroline Ghosn said. "He didn't even waste a breath. He didn't even try to cover up the fact that the merger had something to do with this." The NYT articles included Ghosn family photos showing a softer side to the stern auto executive.

New allegations against Ghosn concern payments to Saudi businessman

BEIJING – Fresh misconduct allegations brought by Tokyo prosecutors against ousted Nissan Chairman Carlos Ghosn center on the use of company funds to pay a Saudi businessman who is believed to have helped him out of financial difficulties, two company sources with knowledge of the matter said. Prosecutors arrested Ghosn for a third time on Friday, accusing him of aggravated breach of trust in transferring personal investment losses to the automaker. The prosecutors' statement said they believe that around October 2008, Ghosn was trying to deal with losses on paper of 1.85 billion yen ($16.6 million) incurred on a swap contract he had with a bank which it did not name. A person helped arrange a letter of credit for Ghosn and a company run by the person later received $14.7 million in Nissan funds in four installments between 2009 and 2012, the statement said, adding that the payments were made in Ghosn's and the person's interests. "By doing so, (Ghosn) behaved in a way that breached trust, and inflicted damage on the property of Nissan," the statement said. The statement also said Ghosn had earlier sought to have Nissan shoulder the appraisal losses directly. According to the Nissan sources who have knowledge of the company's probe into its former chief, the person who helped Ghosn is Khaled Al-Juffali, vice chairman of one of Saudi Arabia's largest conglomerates, E. A. Juffali and Brothers, and a member of the board at the Saudi Arabian Monetary Authority. He is also majority owner of a company called Al-Dahana which owns half of a regional joint venture called Nissan Gulf with the other half held by a wholly owned unit of Nissan Motor. Sheikh Khaled Juffali has no comment on this subject, according to an emailed statement from E. A. Juffali and Brothers. Ghosn's Tokyo-based lawyer, Motonari Otsuru, was unavailable for comment on this article, according to a person who answered the phone at his law office. A representative for the Ghosn family declined to comment. Other media have said Ghosn has through a lawyer denied that he shifted losses to Nissan and has told investigators that the four payments were for legitimate business purposes, including a reward for handling problems at Nissan dealers in Saudi Arabia. Tokyo prosecutors declined to comment. Asked about Ghosn's reported comments, a Nissan spokesman said: "We cannot comment on matters related to Ghosn's arrest for breach of trust.

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.

Japan court adds 10 more days to Ghosn's detention

A Japanese court on Sunday extended for 10 days the detention of ousted Nissan chairman Carlos Ghosn, who is facing new allegations of making the car maker shoulder $16.6 million in personal investment losses. The extension announced by the Tokyo District Court means Ghosn will remain in Tokyo's main detention center, where he has been confined since his arrest last month on initial allegations of financial misconduct. 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. They said the move inflicted damage on Nissan by having it deposit a total of $14.7 million on four occasions between June 2009 and March 2012 into a related bank account. (Reporting by Daniel Leussink; editing by Darren Schuettler)Related Video: Government/Legal Hirings/Firings/Layoffs Nissan Renault

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.