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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.

Japan plans real-world diesel emissions test after companies fail

Japan's transport ministry plans to start real-world diesel emissions tests after an experiment found four models from Toyota, Nissan, and Mitsubishi that produced more nitrogen oxide (NOx) emissions than the nation's rules allow, according to The Japan Times. Regulators there usually only perform emissions checks in the lab. The VW diesel scandal has everyone double-checking their figures. Diesel versions of the Toyota Hiace van, Land Cruiser Prado, and Nissan X-Trail produced up to 10 times more NOx than allowed. The Mitsubishi Delica D:5 was up to five times over the limit, The Wall Street Journal reports. There was no evidence of defeat devices in the vehicles. Mazda performed well in the experiment, though. The CX-5 passed with nearly the same results on the road and in the lab. The Demio, better known as the Mazda2, did nearly as well with only slighter higher figures in the real world than in the controlled setting. The experimenters theorized the reason for the excessive emissions was that cold weather caused the engines' software to shut off the exhaust gas recirculation to prevent damage, according to the WSJ. However, this behavior also increased NOx production. Toyota, Nissan, and Mitsubishi don't have to worry about punishment from the transport ministry because this check was just an experiment. Their models already passed the mandated lab tests, which was the only requirement, according to The Japan Times. As governments begin greater real-world emissions tests, the results suggests diesels aren't very clean. A recent check in France found models from Ford, Renault, and Mercedes-Benz that didn't perform up to the standards. Regulators in India conducted similar evaluations and ordered VW to recall over 300,000 vehicles. Related Video:

The Tesla Model S was the best-selling EV of 2015

According to numbers crunched over at Hybrid Cars, the Tesla Model S was the best selling pure electric vehicle last year with 50,366 deliveries. These numbers might not tell the whole story, since Tesla reports deliveries made in 2015 that might have been sold in a different calendar year, while other makers are tallying sales. However, it's inarguable that the Model S ended up in more worldwide driveways than the second-place Nissan Leaf, which did about 43,000 sales. In the US alone, Leaf sales were down 42.8 percent year-on-year, from 30,200 in 2014 to 17,269 last year, and that decline also increased throughout the year. That marks a great finish to a great start to 2015, when Tesla took the lead in EV sales in the US for the first quarter. On top of that, as of last year the Model S becomes the second-best selling EV ever, with 107,148 deliveries since the middle of 2012. It trails the Nissan Leaf, with well over 200,000 worldwide sales. The Chevrolet Volt/Opel Ampera combo takes a close third, with about 106,000 sales. The Nissan and Chevy rivals both launched at the end of 2010, a 16-month head start on the Tesla. Down the charts, the Mitsubishi Outlander PHEV which continues to be forbidden fruit for our market notched 39,000 sales. The BYD Qin PHEV sold 31,898 examples in China, and BYD would take the overall victory from Tesla with 58,728 deliveries if you counted all of its EV and PHEV production, such as its electric buses. The BMW i3 nabbed fourth place with 24,057 global sales. In 2011 the Munich automaker said it wanted to sell 30,000 i3s annually by 2014, but by the time the car launched the company considered 15,000 annual sales 'great for now,' so the 2015 number seems a fine place to wind up. Related Video: News Source: Hybrid Cars Green BMW Chevrolet Mitsubishi Nissan Tesla