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Tokyo Prosecutors Bring New Charges Forward Against Carlos Ghosn
William Maley posted an article in Nissan
The dream of Carlos Ghosn spending the holidays outside of jail has been dashed. Early this morning in Tokyo, prosecutors re-arrested Ghosn on new charges that allege he shifted personal trades to Nissan to "make it responsible for 1.85 billion yen ($16.6 million) in appraisal losses," around October 2008. Prosecutors also allege that Ghosn had Nissan " deposit a total of $14.7 million on four occasions between June 2009 and March 2012 into a related bank account." This re-arrest allows prosecutors to detain Ghosn for another 10 days to allow them to continue building their case against him. It may also hurt his chances of getting bail down the road. Lawyers for Ghosn declined to comment. The new allegations would be in violation of Japan’s Companies Act and is seen as a more serious charge than under-reporting income. According to Bloomberg, Ghosn could be facing a maximum prison sentence of 10 years and a 10 million yen fine (about $89,980). “It’s a very serious charge. If there was a conviction, I think it would mean that there’s been a judgment that it’s more than just typical self-dealing corporate malfeasance but something that really harmed the company and was particularly malevolent in terms of the amount of planning that went into it,” said Colin Jones, a professor of law at Doshisha University in Kyoto. Source: Bloomberg (Subscription Required) -
The dream of Carlos Ghosn spending the holidays outside of jail has been dashed. Early this morning in Tokyo, prosecutors re-arrested Ghosn on new charges that allege he shifted personal trades to Nissan to "make it responsible for 1.85 billion yen ($16.6 million) in appraisal losses," around October 2008. Prosecutors also allege that Ghosn had Nissan " deposit a total of $14.7 million on four occasions between June 2009 and March 2012 into a related bank account." This re-arrest allows prosecutors to detain Ghosn for another 10 days to allow them to continue building their case against him. It may also hurt his chances of getting bail down the road. Lawyers for Ghosn declined to comment. The new allegations would be in violation of Japan’s Companies Act and is seen as a more serious charge than under-reporting income. According to Bloomberg, Ghosn could be facing a maximum prison sentence of 10 years and a 10 million yen fine (about $89,980). “It’s a very serious charge. If there was a conviction, I think it would mean that there’s been a judgment that it’s more than just typical self-dealing corporate malfeasance but something that really harmed the company and was particularly malevolent in terms of the amount of planning that went into it,” said Colin Jones, a professor of law at Doshisha University in Kyoto. Source: Bloomberg (Subscription Required) View full article
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Carlos Ghosn to Be Indicted By Japanese Prosectors As Early As Monday
William Maley posted an article in Nissan
Three weeks after he was arrested in a Tokyo airport, Carlos Ghosn will soon be officially charged. Bloomberg has learned from sources that Ghosn will appear in Japanese court as soon as Monday to be indicted on various financial charges. Japanese prosecutors have to either charge Ghosn or arrest him new charges if they don't want to release him. Sources also tell Bloomberg that prosecutors are planning to bring new charges against Ghosn. While not public, sources believe it may relate to Ghosn under-reporting his income for the past three fiscal years. The Tokyo prosecutors’ office declined to comment. Meanwhile, Nissan is facing its own set of issues from Ghosn's arrest. The Nikkei Asian Review is reporting that prosecutors will file charges against the company for making false statements on securities reports. This is due to Ghosn and Greg Kelly, a former member of Nissan's board of directors for under-reporting salaries in five annual reports that go through the fiscal year that ended in March 2015. In Japan, a company can be held accountable for employees misstating financial information and not stopping it - hence why Nissan is getting charged. A source told Automotive News that Nissan had been "preparing for the possibility of charges" since allegations against the two men came out last month. It appears that the relationship between Nissan and Renault is taking hit. Unlike Nissan and Mitsubishi which have outed Ghosn as chairman, Renault is keeping him as chairman and CEO for the time being. The French automaker has named an interim CEO and the duties of chairman are being performed by a director. Why hasn't Renault followed Nissan and Mitsubishi? According to a Renault spokesman, Nissan hasn't provided evidence that the board has asked for in their internal probe. He declined to comment any further. Sources at the automaker give a clearer view. Executives at Renault are quite suspicious of Nissan’s motives with Ghosn. The French automaker has asked for proof from Nissan concerning the allegations against Ghosn. Nissan offered a presentation that summarized the evidence, but Renault passed, asking for the "presence of lawyers and the full report on the allegations." Renault has good reason to be suspicious of Nissan considering the odd arrangement of their alliance. Renault is the largest shareholder in Nissan and has voting rights. But Nissan doesn't have any voting rights at Renault due in part to the French government being the lead shareholder. Nissan has been trying to balance this relationship, "but its demands have been stonewalled by Renault and the French state." It should also be noted that Ghosn had been pushing for a possible merger between the two - something Renault wanted but Nissan didn't. Source: Automotive News (Subscription Required) Bloomberg, Nikkei Asian Review -
Three weeks after he was arrested in a Tokyo airport, Carlos Ghosn will soon be officially charged. Bloomberg has learned from sources that Ghosn will appear in Japanese court as soon as Monday to be indicted on various financial charges. Japanese prosecutors have to either charge Ghosn or arrest him new charges if they don't want to release him. Sources also tell Bloomberg that prosecutors are planning to bring new charges against Ghosn. While not public, sources believe it may relate to Ghosn under-reporting his income for the past three fiscal years. The Tokyo prosecutors’ office declined to comment. Meanwhile, Nissan is facing its own set of issues from Ghosn's arrest. The Nikkei Asian Review is reporting that prosecutors will file charges against the company for making false statements on securities reports. This is due to Ghosn and Greg Kelly, a former member of Nissan's board of directors for under-reporting salaries in five annual reports that go through the fiscal year that ended in March 2015. In Japan, a company can be held accountable for employees misstating financial information and not stopping it - hence why Nissan is getting charged. A source told Automotive News that Nissan had been "preparing for the possibility of charges" since allegations against the two men came out last month. It appears that the relationship between Nissan and Renault is taking hit. Unlike Nissan and Mitsubishi which have outed Ghosn as chairman, Renault is keeping him as chairman and CEO for the time being. The French automaker has named an interim CEO and the duties of chairman are being performed by a director. Why hasn't Renault followed Nissan and Mitsubishi? According to a Renault spokesman, Nissan hasn't provided evidence that the board has asked for in their internal probe. He declined to comment any further. Sources at the automaker give a clearer view. Executives at Renault are quite suspicious of Nissan’s motives with Ghosn. The French automaker has asked for proof from Nissan concerning the allegations against Ghosn. Nissan offered a presentation that summarized the evidence, but Renault passed, asking for the "presence of lawyers and the full report on the allegations." Renault has good reason to be suspicious of Nissan considering the odd arrangement of their alliance. Renault is the largest shareholder in Nissan and has voting rights. But Nissan doesn't have any voting rights at Renault due in part to the French government being the lead shareholder. Nissan has been trying to balance this relationship, "but its demands have been stonewalled by Renault and the French state." It should also be noted that Ghosn had been pushing for a possible merger between the two - something Renault wanted but Nissan didn't. Source: Automotive News (Subscription Required) Bloomberg, Nikkei Asian Review View full article
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Department of Justice Considers Wire-Fraud Charge Against GM
William Maley posted an article in General Motors
The Department of Justice is currently evaluating whether or not to charge General Motors with criminal wire fraud due to the company's failure to recall vehicles with faulty ignition switches. The Wall Street Journal has learned from sources federal prosecutors in New York are zoning in the wire-fraud charge due after it was determined that GM made misleading statements and concealed information about the faulty switch. Sources go on to say the DOJ hopes to reach a settlement by late summer or early, though that could change. Prosecutors are also looking into other kinds of possible criminal charges. When asked about the report, CEO Mary Barra said, “It is their timeline. We are going to continue to cooperate to the fullest extent we can. But beyond that, I think anything else is pure speculation and it does no one any good.” Barra confirmed that she spoke and fully cooperated with DOJ investigators last year about the ignition switch defect. Source: The Wall Street Journal (Subscription Required), The Detroit News -
The Department of Justice is currently evaluating whether or not to charge General Motors with criminal wire fraud due to the company's failure to recall vehicles with faulty ignition switches. The Wall Street Journal has learned from sources federal prosecutors in New York are zoning in the wire-fraud charge due after it was determined that GM made misleading statements and concealed information about the faulty switch. Sources go on to say the DOJ hopes to reach a settlement by late summer or early, though that could change. Prosecutors are also looking into other kinds of possible criminal charges. When asked about the report, CEO Mary Barra said, “It is their timeline. We are going to continue to cooperate to the fullest extent we can. But beyond that, I think anything else is pure speculation and it does no one any good.” Barra confirmed that she spoke and fully cooperated with DOJ investigators last year about the ignition switch defect. Source: The Wall Street Journal (Subscription Required), The Detroit News View full article
