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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 and Carlos Ghosn settle SEC claims over undisclosed compensation

WASHINGTON — Nissan and its former Chief Executive Carlos Ghosn have agreed to settle claims from the U.S. Securities and Exchange Commission over false financial disclosures related to Ghosn's compensation, an SEC statement said on Monday. Nissan will pay $15 million, while Ghosn agreed to a $1 million civil penalty and a 10-year ban from serving as an officer or director of a publicly traded U.S. company, the SEC statement said. Ghosn was arrested in Japan and fired by Nissan last year. He is awaiting trial in Tokyo on financial misconduct charges that he denies. Former Nissan human resources official Gregory Kelly agreed to a $100,000 penalty and a five-year officer and director ban. Nissan, Ghosn, and Kelly settled without admitting or denying the SEC's allegations and findings. The SEC said in total Nissan in its financial disclosures omitted more than $140 million to be paid to Ghosn in retirement — a sum that ultimately was not paid. The SEC also accused Ghosn in a suit filed in New York that he engaged in a scheme to conceal more than $90 million of compensation. That suit is being settled as part of the agreement announced Monday. Nissan confirmed it had settled the allegations and said it "is firmly committed to continuing to further cultivate robust corporate governance." Nissan provided significant cooperation to the SEC, the agency said. The company now has a new governance structure with three statutory committees — audit, compensation and nomination — and has amended its securities reports for all relevant years. The SEC said beginning in 2004 Nissan's board delegated to Ghosn the authority to set individual director and executive compensation levels, including his own. The SEC said "Ghosn and his subordinates, including Kelly, crafted various ways to structure payment of the undisclosed compensation after Ghosn's retirement, such as entering into secret contracts, backdating letters to grant Ghosn interests in Nissan's Long Term Incentive Plan, and changing the calculation of Ghosn's pension allowance to provide more than $50 million in additional benefits." "Investors are entitled to know how, and how much, a company compensates its top executives. Ghosn and Kelly went to great lengths to conceal this information from investors and the market," said Stephanie Avakian, co-director of the SEC's Division of Enforcement.

Nissan installs 1,000th CHAdeMO fast charger in Europe

While the European Union hasn't been very supportive of CHAdeMO stations, the fast chargers are seeing significant growth in the European electric vehicle (EV) infrastructure, with Nissan installing number 1,000 at the Roadchef Clacket Lane Services in Surrey, UK recently. In the past year, the number of CHAdeMO fast chargers nearly doubled in Europe, starting from about 600 stations in early 2013, and that's helping make EVs more useful. Nissan says that installation of a CHAdeMO station along Norway's E18 highway increased EV use eightfold there in the 18-month period after that station was installed. The new CHAdeMO station in the UK is available to use for free and, like other CHAdeMO stations, can charge a Nissan Leaf or other compatible EV up to an 80-percent charge in just under 30 minutes. Japanese automakers like Nissan and Mitsubishi are dedicated to the CHAdeMO but German and US automakers continue to support a competing technology in Europe and abroad, the SAE Combo DC fast charger. Tesla Motors has covered all the bases as it rolls out its $1,000 CHAdeMO adapter for its Supercharger stations. Nissan worked with Ecotricity, a UK green energy firm considered to be a pioneer in EV charging, for the Surrey installation. Nissan says that installing it on the M25 highway south of London helps EV drivers gain easy access to Kent and onward into Europe on one of the busiest roads in Europe. That will help drivers of the Leaf and the upcoming Nissan e-NV200 electric van to quickly extend their journeys, said Jean Pierre Diernaz, Nissan's director of electric vehicles, in the press release available below. 1,000th CHAdeMO standard quick charger installed in the UK UK has 18% of Europe's electric vehicle quick chargers Charger provides free, zero carbon electricity from Ecotricity Chargers recharge electric cars from 0-80% in 30 minutes Nissan has announced 1,000 CHAdeMO quick chargers have now been installed in Europe with the commissioning of the charger at the Roadchef Clacket Lane Services in Surrey, UK. The fast charging unit can recharge the batteries of compatible* electric vehicles - including the 100% electric Nissan LEAF - from zero to 80 percent charge in just 30 minutes, and at zero cost. The installation of the fastest type of chargers dramatically increases the uptake and usage of electric vehicles.