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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 expands Ghosn probe to more countries, executive Munoz under scrutiny, sources say

BEIJING — Nissan Motor Co Ltd has broadened its investigation into ousted chairman Carlos Ghosn to include dealings that took place in the United States, India and Latin America, three people with knowledge of the inquiry said. In one aspect of their internal probe, company investigators are looking into decisions made in the United States by Jose Munoz who led Nissan's North American operations from 2014 to 2018, the people said. Munoz was recently placed on a leave of absence due to the probe, they added. Nissan said this month that Munoz, its chief performance officer and widely seen within the industry as close to Ghosn, was on leave "to allow him to assist the company by concentrating on special tasks arising from recent events." Munoz is not cooperating with investigators, two of the people with knowledge of the probe said, both describing his actions as "stonewalling". One of the sources described Munoz, who currently heads Nissan's China operations, as a "person of interest" in the probe, adding that it was not clear whether he would be accused of any wrongdoing. Munoz, 53, did not reply to Reuters requests for comment. The people with knowledge of the probe spoke to Reuters on condition of anonymity due to the sensitivity of the matter. A lawyer for Ghosn, Motonari Otsuru, said in an emailed comment: "I am unaware of this." Some of the questions put to Munoz relate to dealer franchise rights, one of the sources said. Other questions relate to contracts with parts suppliers and service providers that Munoz approved when he was at the helm of Nissan's U.S. operations, another source said. The sources said the findings made as part of the probe into Ghosn's affairs in the U.S. market are being shared with prosecutors. Tokyo prosecutors declined to comment. Nissan has said its internal investigation had uncovered "substantial and convincing evidence of misconduct" by Ghosn and that its scope is expanding. Ghosn, once the most celebrated executives in the auto industry and the anchor of Nissan's alliance with France's Renault SA, has been charged with under-reporting his income. On Friday, he was also charged with aggravated breach of trust, accused of shifting personal investment losses worth 1.85 billion yen ($17 million) to Nissan. In his first public appearance since his Nov.

Meet Sparky, Nissan's Leaf-based, Frontier-bedded EV parts hauler [w/video]

For many enthusiasts, the concept of the ute - a car with a pickup bed - is somehow irresistibly appealing. On paper, it promises the marriage of a truck's utility and a car's superior driving dynamics, and for that reason alone, we'd love to see more of them. Yet while other parts of the world get them in good numbers, North America doesn't ever see them - at least not for long. Based on what we've seen of late, though, that's not due to a lack of motivation on the part of engineers.
BMW wowed us several years ago with an M3 ute, and earlier this year, some interns converted a Mini Paceman into the pickup-bodied Paceman Adventure. Loathe to let their rivals in Munich and Oxford have all the fun, Nissan has built its very own car-based pickup. Meet Sparky, the world's first Leaf Frontier.
Like the M3, this all-electric ute is used as a parts hauler for Nissan's engineering teams at its sprawling Stanfield, AZ tech center and proving grounds.