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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.

Recharge Wrap-up: BMW to test autonomous cars, Korea bans sales of BMW, Nissan, Porsche models

BMW will test autonomous cars on public roads by the second half of 2017. The German automaker, with partners Mobileye and Intel, will operate a fleet of 40 self-driving vehicles using a "scalable architecture" that will be made available to other automakers. The partners plan to offer products ranging from key components to "a complete end-to-end solution" for autonomous driving. Since parting ways with Tesla, Mobileye also recently announced it would provide its technology to Lucid Motors. For BMW, it all leads up to its fully autonomous iNext model slated for introduction in 2021. See the video above, and read more in the press release from Intel. South Korea has banned the sale of certain models from BMW, Nissan, and Porsche over emissions cheating. Following an investigation, regulators determined emissions testing documents to be falsified. The country's Ministry of Environment has fined the three automakers a total of $5.9 million, and revoked the certification of 4,523 vehicles across banned 10 models. Six of the models were still on sale, while the other four have been discontinued. Read more from Automotive News Europe. China's prices for the Cadillac CT6 Plug-in are significantly higher than those announced for the US. The plug-in hybrid version of the luxury sedan recently went on sale with the two variants priced at RMB 558,800 and RMB 658,800. At the time of this writing, that's $80,420 and $94,812. Cadillac announced it would bring the CT6 Plug-In Í– which is built in China – to the US in the spring of 2017, starting at $76,090 before federal and local tax incentives. Hybrid Cars points out that China's own generous incentives could help to make it more competitive. The offering of a charger with free installation as well as an eight-year warranty on the electric powertrain should help, too. Read more at Hybrid Cars. A Connecticut court has ruled in favor of Tesla's gallery showroom in Greenwich. Last May, the Connecticut Automotive Retailers Association brought the suit to block the showroom on Greenwich Avenue, which has now been dismissed by the Connecticut Superior Court. Tesla cannot offer test drives, sell cars, or operate a Supercharger at the location, but it can sell other branded items and educate the public about its vehicles. It's possible that the issue of Tesla's direct sales model could come up again this year in Connecticut state legislature. Read more at Teslarati .

Daimler consulting with Ford about 3-cylinder engines

Soon enough, Ford will offer its 1.0-liter EcoBoost three-cylinder engine under the hood of the Fiesta here in the United States, building on the success of the small powerplant overseas. In fact, this success has caused other automakers to take notice, and according to Automotive News Europe, Daimler is now talking to Ford about this engine for use in its own products.
In other markets, Ford offers the 1.0-liter mill under the hood of the Focus (we had the chance to sample this package on our home turf), as well as the B-Max MPV. For this new collaboration, Daimler would use the turbo-three in the next-generation Smart ForTwo, as well as the Renault Twingo, which the German automaker will be collaborating on as part of its alliance with Renault-Nissan. Speaking to AN, a Mercedes-Benz engineer called the 1.0-liter mill an "interesting and impressive engine."
In exchange for details about the EcoBoost inline-three, Daimler will supply Ford with information regarding its Euro6 stratified lean-burn gasoline engine, which is found in the new E-Class sedan.