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Ghosn ... what happened?

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  1. #21

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    Quote Originally Posted by shri:
    If the material is “too sensitive” for exposure in a criminal case, perhaps the prosecutors shouldn’t have it provided and be relying on it. One-sided access to information is hardly acceptable from a fair defence perspective.

  2. #22
    Quote Originally Posted by TheBrit:
    The double standards re: prosecution of Saikawa and Ghosn are terrible though.
    I understand that Saikawa was accused of underreporting 500k US$. Ghosn on the other hand, is accused of letting NIssan pay up to 18M US in personal costs, and
    In addition, to avoid reporting the full amount of his compensation in Nissan financials, as required by Japanese law beginning in 2010, Ghosn had Kelly structure complicated deferred payment plans which went unreported under an aggressive interpretation of the disclosure rules which Nissan's outside auditors had not signed off on, and which totaled around $80 million at the time of his arrest eight years later.


    That is quite a different kettle of fish.

    Regarding the question whether you can do that on your own without speaking/writing Japanese: well, no, but on the other hand, if you have a smart team of lawyers that can convince the company accountants that all of this is fine for some time, then that's how it is gonna be.

    I am sure Ghosn will argue that all of this was fine and completely legal and they just wanted to get rid of him, and CEOs need to get paid one way or the other. That's all fine, but in my mind financial responsibility starts at the top, and CEOs need to keep their hands clean and above the table.

  3. #23

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    Quote Originally Posted by CharSiuNow:
    Regarding the question whether you can do that on your own without speaking/writing Japanese: well, no, but on the other hand, if you have a smart team of lawyers that can convince the company accountants that all of this is fine for some time, then that's how it is gonna be.
    .[/FONT]
    If he got the company lawyers to tell him and the accountants that their conduct was completely legal than I don't see how Ghosn should be prosecuted for that.
    shri likes this.

  4. #24

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    Quote Originally Posted by mrgoodkat:
    If he got the company lawyers to tell him and the accountants that their conduct was completely legal than I don't see how Ghosn should be prosecuted for that.
    Well, this is a key part of it. The original "crime" he was arrested for was potentially a breach of corporate law, the company Nissan had possibly committed wrongdoing. To arrest the CEO was patent nonsense. If anything, Nissan should have been prosecuted and paid a fine or settled out of court. This happens all over the world every week.

    But that wasn't the endgame. They used this to seize his assets, documents, laptops etc and went on a huge fishing expedition. And, in my mind, they found plenty of wrong doing. Clearly Ghosn was abusing his position and using company assets for his personal gain. But this was all tangential to the original "offense" which they used as a pretext.

    There is no doubt that METI was heavily involved in the cooking up of this plan too, because Renault was in a stronger position in the alliance. Nissan is looking like a basket case now, METI have fucked up royally, as always.

    This is why I think everyone comes out of this smelling of shit
    mrgoodkat, huja and AsianXpat0 like this.

  5. #25
    Quote Originally Posted by mrgoodkat:
    If he got the company lawyers to tell him and the accountants that their conduct was completely legal than I don't see how Ghosn should be prosecuted for that.
    Same as the Enron C level was prosecuted. That you convince the accountant it's legal doesn't make it legal, or vice versa.

  6. #26

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    https://mainichi.jp/english/articles...0m/0dm/069000c

    Got help from a security company to fly in a private jet from a regional airport. Entered Lebanon via Turkey with a French passport.

    Here's a scoop:

    Meanwhile, a Nissan source said, "I guess he has no plans to return to Japan."
    MABinPengChau likes this.

  7. #27

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    Original Post Deleted
    Oh the puns are gonna come. Fiddled his way out of this beautifully.
    shri, timonoj and East_coast like this.

  8. #28

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    It's gonna be quite Metal Gear Solid in Nissan for quite a while, I think.

    Coolboy likes this.

  9. #29

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    Original Post Deleted
    Any country's embassy will issue you a new passport, just say the old one got lost. Doesn't help much when leaving Japan though since it has your name and date of birth on it, that's why they had to smuggle him into the plane.
    MABinPengChau likes this.

  10. #30

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    His legal battle has shed an unflattering light on the Japanese justice system. Prosecutors in Japan often subject suspects to eight hours of daily questioning without a lawyer while they are detained in an effort to secure a confession. It's a practice widely criticized outside the country as "hostage justice," according to Japan Times.
    His odds of an acquittal in Japan were slim. The country has a criminal conviction rate of 99% due to the extraordinary power the country's prosecutors command.
    In his interview with reporters, Hironaka, one of Ghosn's attorneys, said he last talked to the former Nissan boss on Christmas Day, when he made no mention of his impending escape.

    "Maybe he thought he won't get a fair trial," Hironaka said. "I can't blame him for thinking that way."
    https://www.npr.org/2019/12/31/79259...uZgmpc3ZSmaMC4
    AsianXpat0 likes this.

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