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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 hopes to inject some spice into Rogue with 'Open The Briefcase'

Nissan is in the midst of rolling out the redesigned 2014 Rogue and has launched an interesting social media game called Open The Briefcase. The video that launches this game depicts a simple ride-share gone very wrong, with a man getting embroiled in a high-speed chase in a bid to escape with a strange briefcase. Eventually, it all goes haywire, and the man and his driver are captured. The only question seems to be, what's in the briefcase?
The contest, which asks participants to select one of three briefcases by cracking a code, is set to reward three individuals with a new Rogue. New attempts can be made each day, and participants can get additional chances to open a briefcase by sharing the video. The contest kicked off on January 3 and will run until February 14. Hop over to the contest page on Facebook to take part, or just watch the video below and enjoy a bit of entertainment.

Daimler and Nissan to build luxury cars at new plant in Mexico

A few years back, when Daimler was looking for a partner to spread the cost of development of small cars, it agreed to collaborate with Nissan on future products, such as vehicle platforms and drivetrains. The latest development in the collaboration concerns the assembly of small luxury cars for Infiniti and Mercedes-Benz at a Nissan plant in Mexico, two unnamed sources told Reuters.
The plant in question, Aguascalientes, is a $2 billion project that will open later this year next to an existing Nissan factory. The upcoming Infiniti Q30 four-door hatchback is expected to be built there, possibly alongside the Mercedes GLA-Class, which is one of several candidates Mercedes is considering to build at this facility, Reuters reports. The GLA will debut at the Frankfurt Motor Show this month, and initial production of the model will take place in Germany. The Q30 could follow a similar path, with assembly starting at Nissan's Sunderland plant in the UK, and then expanding to Aguascalientes later on.
The underlying platform of the Q30 and GLA, codenamed New Generation Compact Car (NGCC), was developed by Daimler. The Q30 would be the first Infiniti produced under the automakers' agreement. Last year, Nissan agreed to make engines that would find their way into Mercedes and Infiniti vehicles.