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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.

Lawyer for Ghosn slams bail condition as human rights violation

TOKYO (AP) — The lawyer for Nissan's former chairman Carlos Ghosn on Saturday criticized a bail condition that prevents his client from seeing his wife, as Ghosn awaits trial on financial misconduct charges. A judge has forbidden Ghosn from seeing his wife, Carole, including in the presence of lawyers, or talking to her on the phone. Prosecutors say the restriction is needed to prevent evidence tampering. "This is unfair," Takashi Takano, the lawyer, said in a phone interview, calling it a human rights violation. "It's cruel and unusual." His earlier appeal of the ban, rejected by district and appeals courts, went to the Supreme Court, which turned it down last month. The Supreme Court decision cannot be appealed, but Takano vowed to keep filing new petitions, stressing that the Supreme Court has not yet ruled on the constitutionality or the human rights aspects. The next one will be filed within two or three weeks, he said. Ghosn's lawyers recently filed a second petition with the U.N. Working Group on Arbitrary Detention, arguing that the restrictions on seeing his wife amount to a deprivation of fundamental human rights. Takano acknowledged that the situation looks dismal, as Japan's Supreme Court is not easily influenced by other governments' views or by public opinion. "Even the strongest man in the world can be stressed, psychologically damaged. That's very natural as a human being," said Takano, noting that Ghosn was holding up well compared to other clients he has had. Ghosn has been aggressively taking part in meetings with his defense team, according to Takano. The case has entered the stage known as "pre-trial sessions," during which both sides hand in evidence. A trial date has not been set. In Japan, preparations for trials routinely take months. Ghosn, who led Japanese automaker Nissan Motor Co. for two decades, was arrested in November and charged with falsifying financial documents in reporting retirement compensation, and with breach of trust in diverting Nissan money toward personal investment losses and a company effectively run by him. Ghosn, 65, a Brazilian-born Frenchman of Lebanese ancestry, has repeatedly said he is innocent, accusing some at Nissan of plotting against him and opposing a plan to merge Nissan with French alliance partner Renault. Renault is set to vote Tuesday on a possible merger with Fiat Chrysler.

The UK votes for Brexit and it will impact automakers

It's the first morning after the United Kingdom voted for what's become known as Brexit – that is, to leave the European Union and its tariff-free internal market. Now begins a two-year process in which the UK will have to negotiate with the rest of the EU trading bloc, which is its largest export market, about many things. One of them may be tariffs, and that could severely impact any automaker that builds cars in the UK. This doesn't just mean companies that you think of as British, like Mini and Jaguar. Both of those automakers are owned by foreign companies, incidentally. Mini and Rolls-Royce are owned by BMW, Jaguar and Land Rover by Tata Motors of India, and Bentley by the VW Group. Many other automakers produce cars in the UK for sale within that country and also export to the EU. Tariffs could damage the profits of each of these companies, and perhaps cause them to shift manufacturing out of the UK, significantly damaging the country's resurgent manufacturing industry. Autonews Europe dug up some interesting numbers on that last point. Nissan, the country's second-largest auto producer, builds 475k or so cars in the UK but the vast majority are sent abroad. Toyota built 190k cars last year in Britain, of which 75 percent went to the EU and just 10 percent were sold in the country. Investors are skittish at the news. The value of the pound sterling has plummeted by 8 percent as of this writing, at one point yesterday reaching levels not seen since 1985. Shares at Tata Motors, which counts Jaguar and Land Rover as bright jewels in its portfolio, were off by nearly 12 percent according to Autonews Europe. So what happens next? No one's terribly sure, although the feeling seems to be that the jilted EU will impost tariffs of up to 10 percent on UK exports. It's likely that the UK will reciprocate, and thus it'll be more expensive to buy a European-made car in the UK. Both situations will likely negatively affect the country, as both production of new cars and sales to UK consumers will both fall. Evercore Automotive Research figures the combined damage will be roughly $9b in lost profits to automakers, and an as-of-yet unquantified impact on auto production jobs. Perhaps the EU's leaders in Brussels will be in a better mood in two years, and the process won't devolve into a trade war. In the immediate wake of the Brexit vote, though, the mood is grim, the EU leadership is angry, and investors are spooked.