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Ex-Nissan exec Greg Kelly's suspended sentence lets him go home

TOKYO — A Tokyo court gave Greg Kelly, a former American executive at Nissan Motor charged with underreporting his boss Carlos GhosnÂ’s pay, a suspended sentence, but cleared him of most of the charges. The verdict announced Thursday of a 6-month sentence suspended for three years will allow Kelly to return to the U.S. during an appeal. Kelly's defense lawyers said they will appeal. It was unclear if prosecutors would also do so. Kelly, who appeared calm during the court session, said afterward that he was stunned by the verdict. “I have always acted in the best interests of Nissan, and I have never been involved in an unlawful act,” said Kelly, who is planning to head back to Tennessee. The court acquitted Kelly on some counts but found him guilty of charges for just one of the eight years for which the compensation allegedly was under-reported. The defense team said that was unacceptable. “Kelly is completely innocent. We cannot accept the erroneous ruling that found him guilty for that final year,” the defense, headed by Yoichi Kitamura, said in a statement. Kelly was arrested in November 2018 at the same time as Ghosn, a former Nissan chairman and head of the Renault-Nissan-Mitsubishi alliance. Both insist they are innocent and that the money in question was never paid or decided on. The trial at Tokyo District Court began in September 2020, with Ghosn absent after he jumped bail in late 2019, hiding in a box for music instruments on a private jet. He fled to Lebanon, which has no extradition treaty with Japan, and has been writing books and making movies about his experiences. During ThursdayÂ’s session, Chief judge Kenji Shimotsu repeatedly slammed Ghosn, telling the court Ghosn showed greed and malice in a “dictatorial rule” at Nissan. Nissan's faulty governance misled investors and had a damaging impact, he said. Shimotsu said Ghosn made an arrangement for his compensation that was “conducted solely out of his personal greed.” “There is absolutely no room for extenuating circumstances in his motive,” he said. Ghosn called the judgement a “save-face verdict” for the prosecutors and other Nissan executives that he accuses of colluding against him, Kelly, Renault and all shareholders. “I am relieved for Greg and his family,” Ghosn said in a Zoom call with a small group of reporters.

Nissan won't downsize the next Armada

The Nissan Armada is aptly named, because in relative automotive terms, it's not just the size of a ship - it's the size of a whole fleet. And that, according to reports, isn't about to change.
While many of the larger SUVs on the market are gradually being phased out or replaced by smaller crossovers, Nissan apparently plans on keeping the Armada right where it is. And that means a large, truck-based, eight-passenger colossus, because there are buyers out there who expect no less and Nissan isn't about to lose them to the likes of the Toyota Sequoia, Ford Expedition and Lincoln Navigator, or a General Motors lineup that includes the Chevy Suburban and Tahoe, GMC Yukon and Cadillac Escalade.
That doesn't mean that the next Armada - which Edmunds expects will arrive in 2015 or 2016 - will be immune to constricting environmental regulations, so Nissan will have to get creative. A vehicle the size of the Armada has all the aerodynamic efficiency of the side of a barn, but Nissan is reportedly aiming to streamline that in order to boost efficiency, for starters.

Auditor had questioned Nissan on payments in Ghosn scandal, source says

TOKYO — Nissan's auditor had repeatedly questioned transactions at the heart of allegations of financial misconduct by former chief Carlos Ghosn, but Nissan said they were proper, a person with direct knowledge of the matter said on Wednesday. Ernst & Young ShinNihon LLC questioned Nissan's management several times, chiefly around 2013, about purchases of overseas luxury homes for Ghosn's personal use and of stock-appreciation rights that were conferred on him. But the Japanese automaker said the transactions and financial reporting were appropriate, the source told Reuters on condition of anonymity. The revelation shows Nissan and its auditor were discussing the transactions, in apparent contrast with Nissan's contention that the alleged misreporting of benefits for Ghosn was masterminded by Ghosn and a key lieutenant. A spokesman for EY ShinNihon, the Japanese affiliate of global accounting firm Ernst & Young, said he could not comment on specific cases. A Nissan spokesman declined to comment. Ghosn was arrested on Nov. 19 as he arrived in Japan. Prosecutors accuse him of falsifying Nissan's annual reports to understate by about half his total compensation of some 10 billion yen ($90 million) over several years. The high-profile former executive has denied the allegations, according to Japanese media. Ghosn remains in custody and is unable to speak publicly. He is represented by former prosecutor Motonari Otsuru, according to Japanese media. Otsuru's law firm declined to comment on Wednesday, and Otsuru has not responded to requests for comment. Nissan has largely pinned the blame on Ghosn and Greg Kelly, a former representative director who was arrested along with Ghosn on the same allegations. "As a result of the investigation, we are certain these two are the masterminds," CEO Hiroto Saikawa told a news conference on Nov. 19, referring to Ghosn and Kelly. He declined to say whether others at Nissan were involved in the alleged wrongdoing. An internal investigation is ongoing, and Nissan says it is cooperating with prosecutors. Nissan and Mitsubishi Motors have removed Ghosn as chairman in the wake of his arrest. The French member of the three-firm alliance, Renault, retains him as chairman and CEO.