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Carlos Ghosn was on verge of release — so prosecutors file new allegation

TOKYO — Japanese prosecutors added a new allegation of breach of trust against Nissan's former chairman Carlos Ghosn on Friday, dashing his hopes for posting bail quickly. Ghosn and another former Nissan executive, Greg Kelly, were arrested Nov. 19 and charged with underreporting Ghosn's income by about 5 billion yen ($44 million) in 2011-2015. They also face the prospect of more charges of underreporting Ghosn's income for other years by nearly 10 billion ($80 million) in total. The breach of trust allegations were filed a day after a court rejected prosecutors' request for a longer detention of both men. The new allegation only applies to Ghosn, and Kelly could still be bailed out. A request for bail by Kelly's lawyer is pending court approval, according to the Tokyo District Court, but his release will have to wait until next week since the request was still in process after office hours Friday. Prosecutors in a statement Friday alleged that Ghosn in 2008 transferred a private investment loss worth more than 1.8 billion yen ($16 million) to Nissan by manipulating an unspecified "swap" contract. Ghosn also profited by having the company transfer a total of $14.7 million to another company to benefit himself and that company's owner, who helped in the contract manipulation, prosecutors said. Shin Kukimoto, deputy chief prosecutor at the Tokyo District Prosecutors Office, refuse to say if the two transactions were related or how Ghosn illegally profited. He also declined to identify the collaborator or whether the transactions were made overseas. Ghosn and Kelly are only charged with underreporting Ghosn's pay over five years, in violation of the Financial Instruments and Exchange Act. They have not been formally charged with an additional allegation of underreporting another 4 billion yen ($36 million) for 2016-2018, for which their first 10-day detention was to expire Thursday. Prosecutors have been criticized for separating the allegations as a tactic to detain Ghosn and Kelly longer. They say Ghosn and Kelly are flight risks. The maximum penalty for violating the financial act is up to 10 years in prison, a 10 million yen ($89,000) fine, or both. Breach of trust also carries a similar maximum penalty. The conviction rate in Japan is more than 99 percent for any crime. Ghosn was sent by Renault in 1999 to turn around Nissan, then on the verge of bankruptcy, and he led its rise to become the world's second-largest automaker.

Nissan's NY taxi deal faces court obstacles

Nissan scored a big win for itself when the NV200 was named New York City's Taxi of Tomorrow, but the compact van has been under attack ever since. The latest setback for Nissan comes from the New York Supreme Court, which has reportedly ruled the deal between NYC and Nissan is "null, void and unenforceable" since the NV200 is not a hybrid - one of the key parts of NYC Mayor Michael Bloomberg Taxi of Tomorrow plan.
The NV200 Taxi launches this October. Although Nissan says it is bringing a hybrid version of the van to market in 2015, the New York Supreme Court ruled against Nissan, which opens the door for taxi companies in NYC to drive non-Nissan hybrid vehicles. Despite this setback, it doesn't sound like this ruling will affect the NV200 becoming the official taxi of NYC as a part of the 10-year contract worth an estimated $1 billion.

Nissan, Kia under investigation over occupant detection systems

Kia and Nissan are facing separate investigations by the National Highway Traffic Safety Administration because of alleged problems with the occupant detection systems in their vehicles' airbags. The larger investigation is NHTSA's new engineering analysis into 986,826 Nissan and Infiniti vehicles. They include the 2013 Nissan NV200 and 2013-2014 Altima, Leaf, Pathfinder, and Sentra. Among the Infinitis, there are the 2013 JX35 and 2014 Q50 and QX60. Owners allege the occupant classification system can misidentify passengers and turn off the airbag if they don't weigh enough. Nissan recalled over a million vehicles worldwide last year to fix the same problem with a software update, but NHTSA kept getting complaints about the issue after the repair. The agency opened a preliminary evaluation in March, and after 1,271 complaints it has now been updated to an engineering analysis. The Feds intend to evaluate the effectiveness of Nissan's solution. NHTSA is also opening a preliminary evaluation into the 2007-2009 Kia Spectra for the occupant classification not working properly, and it could affect an estimated 186,000 of these vehicles. The government agency has 43 complaints from people allegedly reporting the failures. According to NHTSA, the issue could result in the airbag not deploying with enough force or not activating at all in an accident. This investigation is meant to assess the scope of the potential flaw, and there's no recall yet. INVESTIGATION Subject : Occupant Classification System Fault Date Investigation Opened: SEP 01, 2015 Date Investigation Closed: Open NHTSA Action Number: PE15031 Component(s): AIR BAGS All Products Associated with this Investigation Vehicle Make Model Model Year(s) KIA SPECTRA 2007-2009 Details Manufacturer: Kia Motors America SUMMARY: The Office of Defects Investigation (ODI) has received 43 complaints alleging a malfunction of the front passenger seat occupant classification system (OCS) in 2007-2009 Kia Spectra vehicles. The complaints report illumination of the SRS (air bag) warning light. All of the complaints allege the cause of the light illumination to be a malfunction of the OCS sensor mat imbedded in the passenger seat cushion, and/or report the presence of diagnostic trouble code B1448 which relates to the OCS sensor mat also. Many of the complaints note the malfunction occurred after the warranty period expired and mention high repair costs as a major deterrent to repairing the vehicle.