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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.

2017 Mitsubishi Outlander Sport | Affordable outlier

The $10,000 new car, truck or SUV is long dead, and the $15,000 price point is nearly so. To purchase a new vehicle and enjoy everything buying "new" implies (warranty, reasonably new tech, a long life and affordable financing), you have to spend $20,000, probably more like $25,000. We'll take a look at spending that $20K at a Mitsubishi store. If you've forgotten Mitsubishi, don't blame yourself. A generation ago, Mitsubishi's American arm had a financial meltdown, precipitated by a consumer financing plan offering zero interest and zero payments for way-too-many-months. When it was time to make payments customers simply returned the cars, leaving Mitsubishi holding a very expensive inventory worth substantially less than what was owed. Later, of course, the economy had its own meltdown, from which most of America's automotive industry rebounded. But Mitsubishi, with a sparse lineup and little marketing, is still working on that. A recent infusion of Nissan capital will help, as should Nissan's managerial oversight. Despite Mitsubishi's aging lineup, the Outlander Sport stands out - Mitsubishi continued to build it while other manufacturers were belatedly awakening to the subcompact crossover segment. And while its platform is old and its menu of standard and optional equipment dated, if you're on a tight budget you might find it attractive. Dimensionally, the Outlander Sport is a plus-size relative to Mazda's CX-3 and Honda's HR-V. For a detailed comparison of all three entries, visit Autoblog's comparison tool here. The CX-3 boasts the shortest wheelbase (101.2 inches), while the Honda sits at 102.8 inches and the compact Outlander Sport stretches to 105.1. In overall length the Mitsu is close to both the CX-3 (168 inches for the Mazda, 171.5 for the Outlander Sport and 169.1 inches for the HR-V). Finally, the Outlander Sport's 3,000-pound weight is within a belt notch of the Mazda's 2,900 and the Honda's 2,900 (front-wheel drive/manual). The Mitsubishi sheetmetal and stance is reminiscent of Audi's Q5, and while the similarity is coincidental, it's fun to have an upmarket look in a $20,000 car. Of course, once the Outlander Sport is turned on, that upmarket vibe is gone. For your $20K you'll get a 2.0-liter engine offering 148 horsepower, just north of Mazda's 146 and Honda' s 141.

Ghosn flight prompts renewed focus on Japan's strict justice system

TOKYO — Carlos Ghosn's daring flight from Japan, where he was awaiting trial on charges of financial wrongdoing, has revived global criticism of the nation's "hostage justice," but in Japan is prompting talk of reversing more lenient curbs on defendants. The ousted boss of Japan's Nissan and France's Renault fled to Lebanon, saying on Tuesday that he had "escaped injustice" and would "no longer be held hostage by a rigged Japanese justice system." Ghosn was first arrested in November 2018 when his private jet landed in Tokyo and kept in jail for more than 100 days as prosecutors added more charges, all of which he has denied. He was released on $9 million bail in March — only to be arrested and bailed again the following month. He was facing four charges, including underreporting his Nissan salary and transferring personal financial losses to his employer's books while he ran Japan's No. 2 automaker. His apparent escape from Japan's legal system — Tokyo and Lebanon don't have an extradition treaty — will likely halt or even reverse a trend of recent years toward granting bail in more cases, said Colin Jones, a law professor at Doshisha Law School in Kyoto. “I would expect it to be more difficult for foreign defendants to get bail,” Jones said. In Japan, suspects who deny the charges against them are often detained for long periods and subject to intense questioning without a lawyer present, a system critics call "hostage justice." Japanese civil rights groups and the main bar lawyers association have long criticized a system that convicts 99.9% of criminal defendants. They say it gives too much power to prosecutors, who can detain suspects for long periods before indictment, and relies too much on confessions, some later found to have been forced and false. Ghosn's escape is clearly a shock to Japan's legal establishment. "This case raises the extremely serious issue of whether it's all right to continue the trend toward bail leniency," said former prosecutor Yasuyuki Takai. "The legal profession and lawmakers need to quickly consider new legal measures or a system to prevent such escapes," Takai, who was formerly with the special investigation unit of the prosecutor's office, told public broadcaster NHK.