US SEC charges Nissan, ex-CEO Ghosn with hiding $140m from investors

Published September 23, 2019
In this May 23, 2019, file photo former Nissan chairman Carlos Ghosn, center, arrives at Tokyo District Court for a pre-trial meeting in Tokyo. — AP
In this May 23, 2019, file photo former Nissan chairman Carlos Ghosn, center, arrives at Tokyo District Court for a pre-trial meeting in Tokyo. — AP

US securities regulators on Monday charged Japanese automaker Nissan and its former CEO Carlos Ghosn with hiding more than $140 million in Ghosn's expected retirement income from investors.

Ghosn will pay $1m in fines to settle the matter without admitting wrongdoing, and will be barred from serving as a corporate executive for 10 years, the US Securities and Exchange Commission said in a statement.

Nissan will pay a $15m fine. The SEC also charged former board member Greg Kelly aiding in the fraud. The SEC said Ghosn, working with Kelly and other subordinates, devised ways to disguise large amounts of compensation to Ghosn.

These included entering into secret contracts, backdating letters to grant Ghosn interest in Nissan's long-term compensation plan and changing the calculation of Ghosn's pension to allow more than $50m in additional benefits, the SEC said.

“Investors are entitled to know how, and how much, a company compensates its top executives,” said Stephanie Avakian, co-director of the SEC's Division of Enforcement.

“Ghosn and Kelly went to great lengths to conceal this information from investors and the market.”

Ghosn, who was fired from Nissan in November 2018, settled without admitting or denying the SEC's charges, as did Nissan and Kelly.

Ghosn has denied any wrongdoing and accuses Nissan executives opposed to his plans to further integrate the firm with France's Renault of plotting against him. “We are satisfied with the conclusion of the US case,” said a statement from attorneys representing Ghosn.

“The settlement specifically allows Ghosn to continue to fight the allegations against him in Japan, which Ghosn intends to pursue vigorously.”

“We are confident that once the case is heard in its entirety, Ghosn will be acquitted,” the statement added.

The agency also said Nissan misrepresented Ghosn's pension allowance to investors, a move that “advanced Ghosn and Kelly's deceptions and misled investors, including US investors,” Avakian said.

Follow Dawn Business on Twitter, LinkedIn, Instagram and Facebook for insights on business, finance and tech from Pakistan and across the world.

Opinion

Editorial

Ties with Tehran
Updated 24 Apr, 2024

Ties with Tehran

Tomorrow, if ties between Washington and Beijing nosedive, and the US asks Pakistan to reconsider CPEC, will we comply?
Working together
24 Apr, 2024

Working together

PAKISTAN’S democracy seems adrift, and no one understands this better than our politicians. The system has gone...
Farmers’ anxiety
24 Apr, 2024

Farmers’ anxiety

WHEAT prices in Punjab have plummeted far below the minimum support price owing to a bumper harvest, reckless...
By-election trends
Updated 23 Apr, 2024

By-election trends

Unless the culture of violence and rigging is rooted out, the credibility of the electoral process in Pakistan will continue to remain under a cloud.
Privatising PIA
23 Apr, 2024

Privatising PIA

FINANCE Minister Muhammad Aurangzeb’s reaffirmation that the process of disinvestment of the loss-making national...
Suffering in captivity
23 Apr, 2024

Suffering in captivity

YET another animal — a lioness — is critically ill at the Karachi Zoo. The feline, emaciated and barely able to...