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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.

Nissan files civil suit against Ghosn, seeking $91 million in damages

TOKYO — Nissan filed a civil suit Wednesday seeking 10 billion yen ($91 million) in damages from the Japanese automaker's former Chairman Carlos Ghosn. Nissan filed the case in Yokohama District Court to recoup some of the monetary damages suffered, it said, “as a result of years of misconduct and fraudulent activity" by Ghosn. The claim was calculated by adding the costs from what Nissan called Ghosn's “corrupt practices,” such as rent for overseas property, use of corporate jets and payments to Ghosn's sister, as well as costs for the internal investigation into Ghosn's alleged wrongdoings. Representatives of Ghosn said in a statement they couldn't comment as they had yet to see the legal documents. “Nissan's maneuvers continue,” they said, while noting Nissan had claimed larger damages before. Ghosn, who led Nissan for two decades and saved it from near-bankruptcy, was arrested in Japan in November 2018, and charged with underreporting his future compensation and breach of trust in diverting Nissan money for personal gain. He was awaiting trial but skipped bail and showed up in Lebanon late last year. Japan has no extradition treaty with Lebanon, and he's unlikely to be arrested. A date had not been set for his trial, and Ghosn has said he was worried his ordeal would never end and he would not get a fair hearing. The bail conditions also barred him from seeing his wife. He has repeatedly lashed out at Japan's judicial system, where the conviction rate is higher than 99%. Japanese authorities recently issued an arrest warrant for Ghosn and three Americans, accused of helping his escape. Separately, they issued an arrest warrant for Ghosn's wife on suspicion of perjury. Ghosn has repeatedly said he is innocent, saying that the promised compensation had never been decided, and all the payments were for legitimate services. Wednesday's lawsuit by Nissan comes on top of the civil case Nissan filed against Ghosn in the British Virgin Islands in August last year. It alleged unauthorized payments, sought to regain a luxury yacht and pursued other damages, according to Nissan. Yokohama-based Nissan, which makes the Z sportscar, Leaf electric car and Infiniti luxury models, is also facing trial in Japan as a company in relation to Ghosn's scandal. It has indicated it will agree to any penalties. Nissan's reputation has been sorely tarnished over the Ghosn fiasco, and its sales have dropped. Nissan reports financial results Thursday.

2018 Mitsubishi Outlander PHEV First Drive | Nailing the sweet spot

SANTA CATALINA ISLAND, Calif. — For years now, while the Mitsubishi brand has languished here in the U.S., other parts of the world have been enjoying the Outlander PHEV. It's Europe's best-selling plug-in hybrid, and Mitsubishi has been improving on it over the years, testing it, refining the technology and punishing the vehicle in competitions like the Baja Portalegre 500 and the Asia Cross Country Rally. Now, as electric vehicles begin to gain greater acceptance, and as Mitsu turns its brand around, it will finally offer the Outlander PHEV in America at the end of this year. As Mitsubishi prepares to launch the Outlander PHEV stateside, we had the rare opportunity to drive it across the interior of Santa Catalina Island, off the coast of Los Angeles, to test it out on some rugged, scenic roads. Sitting inside the Outlander PHEV, we were actually pleased with the interior. It was simple and clean, and the plastics didn't feel especially cheap. Sure, it wasn't the thoughtful design or plush touch points of the other available plug-in crossovers on the market, but the Outlander PHEV also doesn't share the same price tag. We definitely found it to be more attractive and appealing than the inside of, say, a Chevrolet Equinox. If you were expecting a pile of hot garbage from Mitsubishi, you're way off. When we popped open the rear liftgate to take a look, we found our near-ideal tailgating vehicle. In the rear cargo area was a ton of space, a large speaker, cupholders and a standard three-prong outlet, perfect for plugging in a slow cooker, blender, or any other appliance you could find useful at a football game or campsite. Later, when we would take a break from our drive at Catalina Island's Shark Harbor, we'd be treated to a smoothie prepared in a blender plugged into that AC outlet. If you happen to use all 12 kWh of energy, the gas engine will fire up to serve as a generator. The Toyota 4Runner may have had the "Party Mode" button, but the Outlander PHEV would be our pick for the stadium parking lot. As we passed through a gate at the edge of the town of Avalon and headed up a dirt road across the interior of Catalina Island, we were quickly impressed with the way the Outlander PHEV handled the rocky, dusty trails from which most drivers are normally prohibited. The steering feel was light but communicative, and we were really able to tell what was going on between the front wheels and the rugged surface beneath them.