Former Nissan chairman Ghosn indicted on new charges

13 January, 2019, 14:41 | Author: Mary Valdez
  • An artists sketch of Carlos Ghosn during his court appearance on Tuesday

FBN's Cheryl Casone on the latest allegations against former Nissan Chairman Carlos Ghosn.

The prosecutors, meanwhile, believe Ghosn committed aggravated breach of trust the moment he transferred the contract to Nissan.

Ghosn's lawyers have filed a bail application but acknowledged that his detention would most likely continue until trial.

"I recently learned that my husband is suffering from a high fever at the detention center in Tokyo, but my information is limited to news reports as no one in his family has been allowed to contact him since November 19", she said.

An individual convicted of aggravated breach of trust faces a fine of up to 10 million yen and/or a maximum prison term of 10 years.

Ghosn has said that the payments to Al-Juffali through a Nissan subsidiary were proper compensation for him taking care of hard business problems in the Middle East.

Ghosn, 64, says he's innocent.

While he has said that he has been "unfairly detained", the Tokyo District Court earlier this week rejected an appeal by his lawyers to end his detention.

The court's decision came a day after Ghosn appeared in court, the first public appearance since his arrest.

It's not uncommon in Japan for suspects to endure lengthy pre-trial detentions.

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The court overturned a ban on family visiting rights, meaning Ghosn can receive visits from his loved ones, as well as his legal team and diplomats.

While Nissan dismissed Ghosn as Chairman shortly after his arrest, Renault has retained him as Chairman and Chief Executive Officer, saying it needs evidence of his wrongdoing. He also said the payments to the businessman, Khaled Al-Juffali, via a Nissan subsidiary, were compensation for taking care of hard business problems in the Middle East.

Nissan as well as Mitsubishi, the third alliance partner, have removed Ghosn as chairman, but Renault has kept him on while appointing a deputy CEO to ensure day-to-day management.

With the latest move, Ghosn and Kelly have been indicted for all the cases for which they were arrested. It declared that no fraud was found in 2017-2018 but it is still examining previous years.

"We are fearful and very anxious his recovery will be complicated while he continues to endure such harsh conditions and unfair treatment", she added. Such visits were canceled Thursday but resumed Friday.

Kelly, a Ghosn ally, was hospitalized for treatment of a pre-existing neck problem after his release and has since been discharged, said his lawyer Yoichi Kitamura.

Japan's prosecutors have faced criticism for a lack of clarity and communication on how they are handling the case, with Ghosn held in detention without charge for longer than would be permitted in the United Kingdom for a suspected terrorist.

He had already been charged for under-reporting his income for the five years up to 2015.

Before his sudden downfall, Ghosn was a respected figure in the global auto industry, having rescued the Japanese automaker from near-bankruptcy, building its sales operations and profits and pioneering ecological vehicles.

Both Ghosn and Nissan have been accused of violating Japan's Financial Instruments and Exchange Act for the misstatements submitted during the three years in question.

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