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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.

Junkyard Gem: 2003 Mitsubishi Diamante LS

While Chrysler started selling Dodge- and Plymouth-badged Mitsubishis in the United States starting with the 1971 model year, Americans couldn't buy new cars with the Mitsubishi name until 1983. Thirty-five years later, Mitsubishi is down to just four models on these shores, all of which cater to the lower end of the market. However, from 1992 through 2004, Mitsubishi tackled the luxury market with its Diamante big sedan. Here's a very rare second-to-last-model-year Diamante, spotted in a Denver-area wrecking yard. I have documented plenty of Mitsubishis during my junkyard explorations, but these late Diamantes have been tough to find (though I have spotted a Diamante wagon). Sales of this car weren't great given that Mitsubishi's name didn't exactly resonate with luxury shoppers. Not when there was a Lexus ES around that did the same thing with a proper premium badge and brand. Second-generation Diamantes sold outside of Japan were built in Australia. Mitsubishi got its money's worth with the 6G7 series of V6 engines, starting with the 1986 Galant and continuing in trucks to the present day. Endless Chryslers of the 1980s, 1990s and 2000s also received 6G72 power. This car has the DOHC 3.5-liter 6G74 version, rated at 205 horsepower. The interior is pretty nice, in its turn-of-the-21st-century manner, and the fact that this car has an ignition key means that it's probably an insurance total or a dealership trade-in. The nose shows evidence of a fender-bender, and that's enough to doom a forgotten luxury car like this. Next stop: The Crusher. Related Video: Featured Gallery Junked 2003 Mitsubishi Diamante LS View 20 Photos Auto News Mitsubishi Automotive History Sedan

Carlos Ghosn in Twitter debut vows to 'tell the truth about what's happening'

TOKYO — Ousted Nissan boss Carlos Ghosn's sudden appearance on Twitter on Wednesday was a surprise move by the businessman that perplexed people and sent journalists scrambling, and not for the first time. The first tweet from the @carlosghosn account on the social network read, "I'm getting ready to tell the truth about what's happening. Press conference on Thursday, April 11." It did not specify a time or place. Featuring a photo of a smiling, grey-haired Ghosn standing in front of a tree with seasonal cherry blossoms, the account initially lacked the blue tick mark to show it had been verified by the social network. That left journalists unsure of its authenticity — particularly as the conditions of Ghosn's $9 million bail preclude him from using the internet. This content is hosted by a third party. To view it, please update your privacy preferences. Manage Settings. Forty minutes later, when the blue tick appeared, the tweet swept across social media and the account's followers swelled to almost 20,000, from just a handful earlier. Some of the replies appeared sympathetic to Ghosn, with others carrying photos of his now-famous exit from a Tokyo detention center last month. "Stood right alongside you with #GiveGhosnBail. Looking forward to hearing your side," wrote one Twitter user with the name @highmileage. Ghosn had also caught media off guard when he disguised himself in a workman's uniform, cap and face mask to try and give waiting reporters the slip on leaving the detention center after his release on bail. The architect of the Nissan and Renault SA global alliance was then pursued by media as he rode away in a small work van, a Suzuki, topped with a ladder. Ghosn's dramatic fall from grace began with his arrest in November after getting off a private plane at Tokyo's Haneda Airport. He has since been charged with financial misconduct and aggravated breach of trust. On Wednesday, the Yomiuri newspaper said Tokyo prosecutors will soon decide whether to prosecute Ghosn on further charges. A further arrest could jeopardize the planned news conference. It remains unclear if Ghosn sent the tweet or it was sent on his behalf. His bail conditions allow him to access a computer at his lawyer's office but forbid him to use the internet. Government/Legal Mitsubishi Nissan Renault renault-nissan