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Carlos Ghosn video: 'This is about conspiracy. This is about backstabbing'

TOKYO — Nissan's former Chairman Carlos Ghosn maintained his innocence in a video released by his legal team Tuesday and accused some executives at the Japanese automaker of a "conspiracy" that led to his arrest on financial misconduct allegations. "The first message is that I'm innocent," said Ghosn, wearing a white shirt and dark jacket and speaking calmly in the nearly 10-minute video shown at the Foreign Correspondents' Club in Tokyo. "This is a conspiracy," he said. "This is not about specific events, this is not about, again, greed, this is not about dictatorship. This is about a plot. This is about conspiracy. This is about backstabbing." His lawyer Junichiro Hironaka said the video was prepared in case Ghosn was not able to speak at a news conference planned for Thursday. Ghosn was arrested last week while out on bail and remains at the Tokyo Detention Center. Ghosn said the executives behind the conspiracy were motivated by what he called "selfish fears," including what they saw as a merger with French alliance partner Renault SA. They mistook his leadership for greed and dictatorship, when he was the biggest defender of Nissan's autonomy, Ghosn said. He also said he was worried about Nissan, wondering whether those executives were really watching out for the company. Hironaka said a section of the video in which Ghosn mentioned names was removed on his legal advice. Nissan Motor Co., while declining to comment on the criminal case, has said an internal investigation has found that Ghosn falsified financial documents to under-report compensation, and that he used Nissan money for personal gain. "Nissan's internal investigation has uncovered substantial evidence of blatantly unethical conduct," company spokesman Nicholas Maxfield said when asked for comment on Ghosn's video. "The company's focus remains on addressing weaknesses in governance that enabled this misconduct." Ghosn's fourth arrest was on a fresh breach of trust allegation based on suspicion that payments from a Nissan subsidiary to an Oman dealership were diverted to a company effectively run by Ghosn. On Monday, Nissan Motor Co. shareholders voted to oust Ghosn from its board and to approve the appointment of French alliance partner Renault SA's Chairman Jean-Dominique Senard as Ghosn's replacement. Renault owns 43 percent of Nissan.

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.

Nissan itself will be indicted alongside Ghosn, report says

Prosecutors in Tokyo are expected to file charges against Nissan itself alongside an expected indictment against former Chairman Carlos Ghosn as part of the ongoing financial misconduct case. That's according to a report from Japan's Nikkei business daily, which does not identify its sources. Charges are also likely against Greg Kelly, a member of Nissan's board of directors who was taken into custody with Ghosn Nov. 19 after Japanese authorities questioned the former chairman aboard a corporate jet at the Tokyo Haneda airport. Monday is the deadline when prosecutors must either indict the two executives, release them or arrest them on new allegations. Both men are accused of under-reporting salaries in five annual reports that stretch through the fiscal year that ended in March 2015. The Nikkei says they'll also be arrested on new allegations of misstating financial information for the subsequent three business years. Nissan would be charged for not preventing the alleged crime. Both men have reportedly denied the allegations. In response to the Nikkei report, a spokesman for Nissan told Automotive News the company had "identified serious misconduct related to the reporting of Mr. Ghosn's compensation" and was cooperating with investors. The turmoil over Ghosn prompted the automaker to scrap plans to unveil a long-awaited longer-range Leaf electric car at the L.A. Auto Show last week. Ghosn is accused of conspiring to understate his income by about half the 10 billion yen (about $88 million) over the period. Reports say the issue relates to deferred compensation that Nissan CEO Hiroto Saikawa reportedly signed off on but may not have understood. The company didn't report the deferred compensation in Japanese securities filings as it is required, since the money is considered a future liability against the company. Automotive News cites an unnamed source who says Nissan has identified some $80 million in unreported deferred compensation promised to Ghosn. Nissan's board voted Nov. 22 to oust him as chairman, and Mitsubishi followed suit days later. Ghosn remains the CEO and chairman of Renault, however. Under Ghosn's guidance, Nissan and Renault joined forces in 1999 when Nissan was teetering toward bankruptcy. Mitsubishi joined on in 2016, with all three members able to jointly develop products and control costs. He had reportedly been pushing for deeper ties, including a possible merger between Nissan and Renault at the urging of the French government.