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Nissan and Carlos Ghosn settle SEC claims over undisclosed compensation

Mon, Sep 23 2019

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.

2014 Nissan Leaf price climbs $180 to $28,980*, Ghosn predicts sales doubling

Wed, Jan 8 2014

A year ago, Nissan changed the fortunes of its all-electric Leaf in the US market by lopping a serious $6,400 off of the price. The entry-level 2012 Leaf started at $35,200, and the 2013 Leaf S instantly became a much better deal since it started at $28,800. For 2014, the trend is in the opposite direction, but only just. The 2014 Leaf S will start at $28,980. The other two trim levels will start at $32,000 for the SV and $35,020 for the SL. Oh well, we can't get a $6k drop every year, can we? What do you get for your extra $180? Well, as described in July, the 2014 model has the rear camera as standard and there is an available voice command navigation system and text message reader. We've got the full specification breakdown and pricing press release below. We doubt the small extra cost will do much to dent the Leaf's current sales upswing. December 2013 was the EV's best sales month ever, and a grand total of 22,610 units in 2013. That's more EVs than Nissan sold in 2011 and 2012 put together. Nissan CEO Carlos Ghosn said earlier today that he thinks US Leaf sales will double, but didn't say when. "We are now on a trend of 3,000 cars a month in the US, which is about 36,000 cars" a year, Ghosn told Automotive News. "The next step is moving up to 4,000 a month, which is going to be approximately 50,000." The prices listed above do not include Nissan's $850 destination fee, but all Leaf EVs can qualify for the $7,500 federal income tax credit, as well as state and local incentives in some areas. NISSAN ANNOUNCES U.S. PRICING FOR 2014 LEAF™ NASHVILLE, Tenn. (January 8, 2014) – Nissan today announced U.S. pricing for the 2014 Nissan LEAF™, which is on sale now at Nissan dealers nationwide. The 100 percent electric LEAF continues to offer outstanding value, with prices comparable to similar gasoline-powered vehicles after applicable tax credits. Sales of the zero emission LEAF in the U.S. and around the world set all-time records in 2013. The 2014 Nissan LEAF is available in three trim levels: LEAF S, SV and SL, along with option packages offering advanced systems such as Around View® Monitor and 7-speaker Bose® audio. Enhancements for 2014 include the addition of the RearView Monitor as standard equipment on all models (previously part of the Charge Package) and one new exterior color – Gun Metallic (seven total available colors).

Ghosn's first jail interview: I was the victim of 'plot and treason'

Wed, Jan 30 2019

TOKYO — Carlos Ghosn said Nissan executives opposed to his plans for closer ties with automaking partner Renault SA resorted to "plot and treason" to disrupt them and were behind the financial misconduct allegations against him. Speaking to the Nikkei newspaper in his first media interview since his arrest on Nov. 19, Ghosn said he had discussed plans to integrate the companies with Nissan CEO Hiroto Saikawa in September. But Nissan executives employed "plot and treason" to uproot those plans, Ghosn said. Ghosn, who spearheaded Nissan's turnaround two decades ago, had pushed for a deeper tie-up between Nissan and Renault, including possibly a full merger, despite strong reservations at the Japanese corporation. He remains in detention following his arrest and indictment on charges related to breach of trust and understating his salary. His arrest has clouded the outlook for closer ties between Nissan and Renault, along with Mitsubishi Motors Corp, the third member of the automaking alliance Since his arrest, Saikawa has said it was not the time to discuss revising the partners' complex capital ties. Nissan and Mitsubishi Motors have dismissed Ghosn as chairman, while he has resigned from the helm at Renault. Ghosn denied accusations of improper payments to a company run by a Saudi businessman, saying the payment had been approved by a Nissan executive. Ghosn also called accusations by both Nissan and Mitsubishi that he received nearly 8 million euros in improper payment through a Dutch-based joint venture of the two automakers "a distortion of reality," and argued his luxury residences in Rio de Janeiro and Beirut were approved by Nissan's legal department. Nissan has said it was not aware that it had paid for many of Ghosn's properties. On Wednesday, a spokesman said that the company was unable to comment on Ghosn's legal defense. Ghosn, in the 20-minute interview, denied that his tenure at Nissan had been a "dictatorship." "People translated strong leadership to dictator, to distort reality" for the "purpose of getting rid of me," he said. Ghosn added that his health was fine, and that he wouldn't flee if freed on bail. Meanwhile, NHK reported that Saikawa plans to hold his first face-to-face discussion with new Renault Chairman Jean-Dominique Senard on the sidelines of an alliance meeting in the Netherlands on Thursday.Related Video: This content is hosted by a third party. To view it, please update your privacy preferences. Manage Settings.