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Carlos Ghosn appears in court: 'I am wrongly accused'

TOKYO — Former Nissan Chairman Carlos Ghosn told a Tokyo court on Tuesday that he was innocent, defending his honor in his first public appearance since he was arrested on Nov. 19 and charged with false financial reporting. "Your honor, I am innocent of the accusations against me," Ghosn told the judge, speaking firmly and calmly as he read from a statement. "I am wrongfully accused." Prosecutors have charged Ghosn, who led a dramatic turnaround at the Japanese automaker over the past two decades, with falsifying financial reports in underreporting his income by about 5 billion yen ($44 million) over five years through 2015. They also say he is suspected of having Nissan temporarily take on his investment losses from the financial crisis. Seen for the first time since his November arrest, Ghosn was wearing a dark suit without a tie, and plastic slippers, and looked thinner and with gray hair. He rebutted the allegations against him point-by-point and said he had the option to leave Nissan but had decided to stay on. "A captain doesn't jump ship during a storm," he told the court in a strong voice. The veteran auto executive, a familiar face at the World Economic Forum and other elite gatherings, was handcuffed and led into the courtroom with a rope around his waist as the hearing began. Officers uncuffed him and seated him on a bench. Presiding judge Yuichi Tada then read out the charges and said Ghosn, a Brazilian-born Frenchman of Lebanese ancestry, was considered a flight risk — he was arrested on his arrival in Tokyo by private jet — and might try to hide evidence. In Japan, suspects are routinely held without bail, often due to fears about evidence tampering. During Tuesday's hearing, Go Kondo, one of Ghosn's lawyers, argued he was not a flight risk. "He's widely known so it's difficult for him to escape. There is no risk that the suspect will destroy evidence," he said. Facing the courtroom, Ghosn spoke proudly of the automaker's — and his own — achievements, such as reviving iconic models like the GT-R and the Z, expanding operations in China, Russia, Brazil and India and pioneering electric cars and autonomous driving. "I have a genuine love and appreciation for Nissan," he said. Ghosn has been held in spartan conditions at a Tokyo detention facility since he was taken into custody. In keeping with Japanese regulations, he has been allowed visits only from his lawyers and consular officials.

DC fast charging not as damaging to EV batteries as expected

As convenient as DC fast charging is, there have been lots of warnings that repeated dumping of so many electrons into an electric vehicle's battery pack in such a short time would reduce the battery's life. While everyone agrees that DC fast charging does have some effect on battery life, it may not be as bad as previously expected. Over on SimanaitisSays, Dennis Simanaitis, writes about a recent presentation by Matt Shirk of the Idaho National Laboratory (INL) called DC Fast, Wireless, And Conductive Charging Evaluation Projects (PDF) that describes an ongoing test of four 2012 Nissan Leaf EVs that are being charged in two pairs of two. One pair only recharges from 50-kW DC fast chargers, which the other two sip from 3.3-kW Level 2 chargers exclusively. Otherwise, the cars are operated pretty much the same: climate is automatically set to 72 degrees, are driven on public roads around Phoenix, AZ and have the same set of dedicated drivers is rotated through the four cars. "Degradation depends more on the miles traveled than on the nature of recharging." What's most interesting are the charts on page seven of Shirk's presentation (click the image above to enlarge), which show the energy capacity of each of the four vehicles. When they were new, the four batteries were each tested to measure their energy capacity and given a 0 capacity loss baseline. They were then tested at 10,000, 20,000, 30,000 and 40,000 miles, and at each point, the DC-only EVs had roughly the same amount of battery loss as the Level 2 test subjects. The DC cars did lose a bit more at each test, but only around a 25-percent overall loss after 40k, compared to 23 percent for the Level 2 cars. Simanaitis' takeaway is that, "INL data suggest that the amount of degradation depends more on the miles traveled than on the nature of recharging." The tests are part of the INLs' Advanced Vehicle Testing Activity work and a final report is forthcoming. These initial numbers from IPL do mesh with other research into DC fast charging, though. Mitsubishi said daily fast charging wouldn't really hurt the battery in the i-MiEV and MIT tests of a Fisker Karma battery showed just 10-percent loss over 1,500 rapid charge-discharge cycles.

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.