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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.

2021 Mitsubishi Outlander PHEV gets more power and more range

There's a brand new Mitsubishi Outlander for the 2022 model year, and we've been told that a plug-in hybrid version is on the way. But before that happens, Mitsubishi has given the current Outlander PHEV an under-the-skin refresh for 2021 that brings more power, more range and a new trim level. Despite the upgrades, the starting price hasn't budged. The Outlander PHEV gets a new 2.4-liter engine rated at 126 horsepower and 148 pound-feet of torque that replaces the previous 2.0-liter engine. A rear-axle-mounted electric motor adds 70kW of electric power, up 10kW over the old version. Add it all up and the powertrain spins out a total of 221 hp, up 31 ponies from the previous model. Updated software is said to improve "synchronization between battery and engine," which Mitsubishi says yields reductions in noise, vibration and harshness. All Outlander PHEVs are equipped with Mitsubishi's Super All-Wheel Control all-wheel drive system, and the 2021 edition gains Sport and Snow driving modes. Along with the power boost, the Outlander PHEV's battery capacity increases from 12.0 kW/h to 13.8 kW/h. That adds two additional miles of all-electric range for a total of up to 24 miles. Mitsubishi also says the top speed under electric power with no assistance from the gasoline engine rises from 79 mph to 83 mph. According to the EPA, the 2021 Outlander PHEV scores a combined 74 MPGe while running in hybrid electric mode and 26 MPG combined once the battery is depleted. That's an improvement of one mile per gallon. In addition to last year's SEL and GT trim levels, the 2021 Outlander PHEV gains an LE edition. The new trim adds a blacked-out grille, dark chrome dual spoke 18-inch alloy wheels and a blackout design for the front and rear bumpers. Also standard on the LE are a sunroof and upgraded audio system. Despite the significant upgrades for 2021, the Outlander PHEV SEL starts at the same $37,490 asking price as before. The LE costs $39,190 and the top-spec GT lists at $43,190. Buyers are eligible for $6,587 in federal tax credits, which is up $751 compared to the 2020 model year due to the increase in battery capacity. The 2021 Outlander PHEV is available at Mitsubishi dealerships now.

Tokyo court rejects Carlos Ghosn's bail request

TOKYO — A Tokyo court rejected former Nissan chairman Carlos Ghosn's latest request for bail on Tuesday, more than two months after his arrest. A statement from the Tokyo District Court announcing its decision gave no explanation for prolonging a detention of the 64-year-old executive, which has drawn international scrutiny of Japan's justice system. Ghosn had promised to wear an electronic monitoring ankle bracelet, give up his passport and pay for security guards approved by prosecutors in his latest attempt to gain release from a Tokyo detention center. His family said they will appeal. Ghosn has been in custody since Nov. 19. He had a bail hearing Monday. A Tokyo court rejected an earlier request for bail last week. Ghosn, who led Nissan Motor Co. for two decades, has been charged with falsifying financial reports in underreporting his compensation from Nissan over eight years, and with breach of trust, centering on allegations Ghosn had Nissan temporarily shoulder his personal investment losses and pay a Saudi businessman. Ghosn has said he is innocent, explaining that the alleged compensation was never decided, Nissan didn't suffer losses and the payment was for legitimate services. His wife, Carole Ghosn, appealed for his release through Human Rights Watch earlier this month, saying Ghosn's treatment has been harsh and unfair. Her views echo widespread criticism of Japan's criminal justice system both inside and outside Japan. Suspects who insist they are innocent get held longer. Suspects are held in a cell and routinely grilled daily by investigators without a lawyer present, although lawyers are allowed to visit. Ghosn's lawyer Motonari Ohtsuru has acknowledged Ghosn's release may not come until the trial, which may be six months away. A date for the trial has not been set. Nissan officials say an internal investigation has found that Ghosn had schemes to hide his income and that he used company money and assets for personal gain. A special committee Nissan set up after Ghosn's arrest to strengthen governance held its first meeting Sunday. Seiichiro Nishioka, a former judge and co-chair, told reporters after the meeting that Ghosn had shown questionable ethics, and too much power within the company had been focused in one person. The committee's findings are due by late March. Ghosn's pay was long a sticking point in Japan, where executives generally get paid far less than their American and other Western counterparts.