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Carlos Ghosn's jail time extended, as family says he was framed

TOKYO — Former Nissan chairman Carlos Ghosn will be detained at least through Jan. 11, the Tokyo District Court said Monday, as the once-revered auto industry figure faces allegations that have marked a stunning downfall. Ghosn, who led Nissan Motor Co. for two decades and helped save the Japanese automaker from near bankruptcy, was arrested Nov. 19 on suspicion of falsifying financial reports. He also faces a breach of trust allegation, for which his detention had been approved previously through Jan. 1. The Tokyo District Court said in a statement that it had approved prosecutors' request for a 10-day extension. Ghosn has been charged in the first set of allegations, about under-reporting Ghosn's pay by about 5 billion yen ($44 million) in 2011-2015. Related: Top 10 automotive stories of 2018 Those close to Ghosn and his family say he is asserting his innocence as the alleged underreported amount of money was never really decided or paid, and Nissan never suffered any monetary losses from the alleged breach of trust. It is unclear when Ghosn may be released on bail. Tokyo prosecutors consider Ghosn, a Brazilian-born Frenchman of Lebanese ancestry, a flight risk. In Japan, formal charges can mean a suspect will get detained for months, sometimes until the trial starts, because of fears of tampered evidence. Some experts are puzzled that the allegations against Kelly and Ghosn are about underreporting income from Nissan. Nissan is in charge of filing such financial reports, not individual executives. Over the weekend, The New York Times published an article, "The Rise and Fall of Carlos Ghosn," describing his arrest as well as his almost legendary ascendance as the outsider who saved Nissan: "He was a person who was above the clouds," said one Nissan employee. But it's clear from the article that his autocratic style has long rankled the Japanese. In a sidebar, the NYT also covered accusations from Ghosn's daughters that Nissan had set him up for a fall, part of a mutiny against his explorations of a merger between Nissan and Renault. They point out that Hiroto Saikawa, the chief executive of Nissan, complained about the nature of the alliance in the first news conference following Ghosn's arrest. "Wow," daughter Caroline Ghosn said. "He didn't even waste a breath. He didn't even try to cover up the fact that the merger had something to do with this." The NYT articles included Ghosn family photos showing a softer side to the stern auto executive.

Nissan itself will be indicted alongside Ghosn, report says

Prosecutors in Tokyo are expected to file charges against Nissan itself alongside an expected indictment against former Chairman Carlos Ghosn as part of the ongoing financial misconduct case. That's according to a report from Japan's Nikkei business daily, which does not identify its sources. Charges are also likely against Greg Kelly, a member of Nissan's board of directors who was taken into custody with Ghosn Nov. 19 after Japanese authorities questioned the former chairman aboard a corporate jet at the Tokyo Haneda airport. Monday is the deadline when prosecutors must either indict the two executives, release them or arrest them on new allegations. Both men are accused of under-reporting salaries in five annual reports that stretch through the fiscal year that ended in March 2015. The Nikkei says they'll also be arrested on new allegations of misstating financial information for the subsequent three business years. Nissan would be charged for not preventing the alleged crime. Both men have reportedly denied the allegations. In response to the Nikkei report, a spokesman for Nissan told Automotive News the company had "identified serious misconduct related to the reporting of Mr. Ghosn's compensation" and was cooperating with investors. The turmoil over Ghosn prompted the automaker to scrap plans to unveil a long-awaited longer-range Leaf electric car at the L.A. Auto Show last week. Ghosn is accused of conspiring to understate his income by about half the 10 billion yen (about $88 million) over the period. Reports say the issue relates to deferred compensation that Nissan CEO Hiroto Saikawa reportedly signed off on but may not have understood. The company didn't report the deferred compensation in Japanese securities filings as it is required, since the money is considered a future liability against the company. Automotive News cites an unnamed source who says Nissan has identified some $80 million in unreported deferred compensation promised to Ghosn. Nissan's board voted Nov. 22 to oust him as chairman, and Mitsubishi followed suit days later. Ghosn remains the CEO and chairman of Renault, however. Under Ghosn's guidance, Nissan and Renault joined forces in 1999 when Nissan was teetering toward bankruptcy. Mitsubishi joined on in 2016, with all three members able to jointly develop products and control costs. He had reportedly been pushing for deeper ties, including a possible merger between Nissan and Renault at the urging of the French government.

Nissan recalls 3,065 Pathfinders for transmission fluid leak

Nissan is recalling 3,065 units of the 2013 Pathfinder equipped with the CVT, due to a potential transmission fluid leak. On crossovers built from April 18, 2012 to October 3,2012 "inadequate clamping force" on the hose connected to the internal oil cooler can cause the hose to come loose and let fluid escape. A severe loss of fluid can cause the transmission to stop working properly.
The recall is the result of a safety investigation begun last September, when it was thought a recall could involve 110,000 units of the Pathfinder and Infiniti JX35. Asked for comment about how such a large number of vehicles potentially involved could end up with just 3,065 being recalled, Nissan rep Steve Yaeger told Autoblog that Nissan initiated a service campaign for the issue last year - a service campaign notifies owners to take their vehicles to the dealer for repair of "what is generally not a safety issue" - and that there was a "production improvement" that addressed the clamping issue. The service campaign included the vehicles being recalled, but the recall is limited to just those vehicles that were built before the production-line fix.
Nissan will begin informing affected owners next month, at which time owners can take their vehicles to dealers to have the hose clamp repaired. The press release below from the National Highway Traffic Safety Administration has more information.