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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 tests 'self-cleaning' paint on Leaf models in Europe

Once upon a time, self-cleaning ovens were all the rage. Now, Nissan thinks the concept may apply to its vehicles. And the Japanese vehicle maker is testing it out on some of its Leaf battery-electric vehicles Europe, no less. Nissan says its trying out what's called a "superhydrophobic and oleophobic" paint on Leaf battery-electric vehicles for testing and demonstration purposes. The paint, produced by UltraTech International Inc., is designed to repel splats of liquid such as oil or standing water away from the car's surface. The paint, called Ultra-Ever Dry, does this by creating what Nissan says is a layer of air around the vehicle surface. We imagine there's a detailed chemical explanation for this phenomenon that would better explain this process, but that's the best way we can explain it. Right now, Nissan is pitching the product testing as a way to further the Leaf's reputation as what the automaker calls "the world's cleanest car." That said, the paint hasn't been tested in North America, and no plans have been made to add the feature as either a standard or optional goodie for the battery-electric vehicle. Still, go ahead and check out Nissan's press release on the magic paint below. Nissan Creates "World's Cleanest Car" – a Zero Emissions Nissan LEAF with Self-Cleaning Nano-Paint Technology For LEAF owners who never qualify for gas stations' "Free Car Wash with Purchase" offers, this technical study might be the perfect solution July 09, 2014 10:00 AM Eastern Daylight Time NASHVILLE, Tenn.--(BUSINESS WIRE)--What do you get when you combine the world's best-selling zero emission vehicle with innovative paint technology that repels mud, rain and everyday dirt? Answer: A very special Nissan LEAF electric vehicle that might just be the "world's cleanest car." "No matter what the road throws at this LEAF, its Ultra-Ever Dry® exterior coating will throw right back" Created to demonstrate its potential use in future production vehicles, this Nissan LEAF's exterior was treated with a specially engineered superhydrophobic and oleophobic paint that is designed to repel water and oils. The "self-cleaning" paint, called Ultra-Ever Dry®, creates a protective layer of air between the paint and environment, effectively stopping standing water and road spray from creating dirty marks on the LEAF's surface. Nissan is one of the first carmakers to apply this technology to a vehicle.

Carlos Ghosn: What misconduct is he accused of?

TOKYO — Japan was shocked by news that Nissan Motor Co. Chairman Carlos Ghosn, who was widely respected for rescuing the carmaker from near bankruptcy, was arrested on Monday for alleged financial misconduct. Nissan said that Ghosn, who is also chairman and CEO of Renault and chairman of Mitsubishi Motors, would be fired from his post as Nissan chairman on Thursday. What is Carlos Ghosn accused of? Nissan CEO Hiroto Saikawa told a packed press conference on Monday night that the company had found that Ghosn had been using corporate money for personal purposes and under-reporting his income for years in official company filings to the Tokyo Stock Exchange. Another board member, Greg Kelly, was also deeply involved in the misconduct, Nissan said. Saikawa said he couldn't elaborate as the cases are being investigated by prosecutors, who have declined to comment. Prosecutors said that Ghosn and Kelly conspired to understate Ghosn's compensation over five years starting in fiscal 2010 as being about half of the actual 9.998 billion yen ($88.9 million). Public broadcaster NHK said Nissan paid billions of yen to buy and renovate homes for Ghosn in Rio, Beirut, Paris and Amsterdam, citing unnamed sources. The properties had no business purpose and were not listed as benefits in TSE filings, NHK said. Ghosn, 64, has not been formally charged. The Asahi newspaper reported that he and Kelly had submitted to prosecutors' questions after getting off a plane on Monday afternoon at Tokyo's Haneda Airport. Saikawa confirmed they had been arrested. Ghosn and Kelly have not been seen since, and their exact whereabouts are not known. Suspects are typically taken to the Tokyo Detention Center, which is linked to the Tokyo District Public Prosecutors Office. How did this come to light? Nissan's Saikawa said Ghosn's alleged improprieties came to light through a whistleblower, after which the company began an internal investigation and informed prosecutors. Japanese media reports say the informant is a member of Nissan's legal department. The Asahi reported, without citing sources, that the informant gave the prosecutors information in a plea bargain, implying the person may have provided evidence in exchange for a lighter sentence. How much control did Carlos Ghosn have? After becoming CEO of struggling Nissan in 2001, Ghosn was hailed as the automaker's savior by implementing an aggressive cost-cutting plan.