crime

'I have names' - Ghosn vows to clear his name in trial

51 Comments
By Kazuhiro Nogi

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he was re-arrested on Thursday.

Are they going to refund the 1 billion yen bail?

7 ( +21 / -14 )

Ghosn definitely has names. That is why the case is very complicated. Nissan only, my guess, accuses Ghosn selectively, to protect some kind of "other interests". If Ghosn blasts out, a lot people will go jail with him. Will Nissan take the hit ? Will other interests powerfully protect Ghosn to protect themselves ? There is no justice, only balance. However, don't underestimate Japanese prosecutors, they are professionals and they are very tough to beat.

-26 ( +3 / -29 )

Is Japan this tone deaf that they cannot see how this is damaging any credibility they had in the rest of the world? Good luck trying to get any foreign corporate leader to come to Japan and help am almost bankrupt archaic company try and pull itself into the 21 century. That is what Ghosn did and he is being crucified for it.

10 ( +27 / -17 )

Are they going to refund the 1 billion yen bail?

He may be forced to forfeit bail yet, other media outlets are reporting that it's up to the court to decide whether he has breached bail conditions.

Also in other outlets, apparently the prosecutors have been aware of the French investigation for a while now, and that they were waiting for evidence from the Oman authorities before re-arresting him.

5 ( +16 / -11 )

So, when Ghosn was re-arrested, the basis for the re-arrest was the new charges, not some violation of his parole.

Also, they haven't formally alleged any violations of his parole yet, although I am betting they will absolutely try to find a way to say he breached the terms of his parole. Probably part of the reason for seizing his wife's mobile phone.

Interestingly, they are saying that with the new charges, he is somehow once again a flight risk, so they will be fighting to once again keep him detained until trial.

Basically, they are doing everything they can to keep him detained and silenced until trial.

Which stinks to high heaven!!

And, my bet is that they are going to allege his wife did something improper and they are going to pressure Ghosn by threatening to detain her for questioning as well.

They are nquisitors from the Dark Ages!!!

9 ( +26 / -17 )

This case just gets more bizarre as it goes forward. I have issues with Ghosn and he sounds like a greedy SOB and probably has done something unethical. To determine legality of what he did requires a court case.

The way the Prosecutor's office has handled this is extraordinarily puzzling. I have many Japanese friends and acquaintances in business here and they also feel the same and are concerned about the image of Japan resulting from this debacle.

The one quote I fully agree with is from Ghosn's Japanese lawyer (quote not from this article)

"Ghosn's wife happened to be with him when he was arrested, so they confiscated her passport and her mobile," said Junichiro Hironaka, who heads Ghosn's Japanese defense team.

"His wife is not a suspect ... this is unforgivable,"

I would certainly like to hear their rationale for confiscating her passport. I would imagine barring any rational explanation her Embassy would reissue a passport (or issue an emergency passport).

It is extremely bizarre to confiscate the passport of someone not accused of anything.

13 ( +26 / -13 )

They don't raid the yaks office at 6am, they don't confiscate yaks wives phones or passports, they usually don't or haven't arrested the CEOs of numerous Japanese companies that have publicly acknowledged their wrongdoing. Justice in Japan is apparently suffering a server mental break, it's definatly off its medication.

13 ( +27 / -14 )

"A lot of lies have been told and these lies have come one after another,"

This fiasco in a nutshell.

-3 ( +11 / -14 )

Ghosn: “I have names!“

It sounds like something a low-level criminal says when the police arrest him. lol

But, I bet he has a lot more than just “names“! I can’t wait for the developments!

17 ( +21 / -4 )

He would be bailed out again after a little while. I wonder what kind of clothes he would wear when he was coming out. last one was not good, next time no one could notice him. Or he may get out from back door.

9 ( +12 / -3 )

Yes the embassy would definitely issue a new passport as it has been stolen by these so called "prosecutors". She should then straight away get out of japan as the "prosecutors" are most likely planning to throw her in prison for nothing like Ghosn.

4 ( +19 / -15 )

If there was ANY doubt that Japan is a tinpot dictatorship it has pretty much gone. What a JOKE of a system! File a complaint with the international court of human justice. Shame the justice system.

5 ( +21 / -16 )

When I was teaching, I always told my students, think about what might be missing from a story. In this case, there is something enormous that is not there: French government support for Ghosn. Just before he was busted again, he made an appeal for help that was televised in France.

But his appeal for assistance got a chilly response from France’s finance minister, Bruno Le Maire, who said on television that Mr. Ghosn was a “defendant like any other; no more, no less.” He said that “Japanese justice is taking its course.”

https://www.nytimes.com/2019/04/04/business/carlos-ghosn-carole-wife-japan-nissan-arrest.html

It has been reported that Ghosn and Macron were not on good terms. Union representatives at Renault have said they are quite happy to see Ghosn locked up in Japan.

Maybe he should ask Brazil or Lebanon for help.

13 ( +20 / -7 )

CEOs and corporate boards have been working together to rip off shareholders since the dawn of corporations. It's nothing new. However, it seems like many corporate officers wrongly assume that as long as boards sanction their conduct, then they aren't doing anything criminal. The law obviously takes a different view, as Carlos is now discovering.

For all the flaws in the Japanese system, I applaud prosecutors for pursuing this case. You would never see this happen in the US or Europe despite similar laws on the books. It's unfortunate that prosecutors across the world are extremely reluctant to prosecute these sorts of corporate malfeasance cases unless there's been a massive bankruptcy or scandal. The main reason seems to be that the victims (shareholders) will often be left far worse off financially by any investigation, since the stock price will usually plummet (as we've seen with Nissan). It's a strange situation which allows many high flying CEOs and boards to act with impunity as shareholders suffer in silence. Hopefully this case will improve corporate governance across the board.

1 ( +19 / -18 )

 However, don't underestimate Japanese prosecutors, they are professionals and they are very tough to beat.

They are corrupt and force confessions out of you.

4 ( +20 / -16 )

I am praying he wins for personal and professional reasons.   The Court system is corrupt in this country and I know this first hand as my lawyer told me it does not matter how much evidence you to show your innocence the Judge will always rule on the Prosecutors side and no matter how weak their case is.

With this playing out in the media the Judge and or Judges are really going to have to play their hand carefully and it is about time that Court system is called out on all the corruption and one sided judicial system.

Rounding up, from my side I believe this is way over the top heavy handed let me show you who is boss and let us squash this gaijin like a bug.  Jealousy, JEALOUSY NOTHING MORE AND NOTHING LESS.

I WILL NEVER BUY A NISSAN, EVER.

1 ( +20 / -19 )

@bullfighter

 think about what might be missing from a story

There are so much missing that it makes me wonder how people here have decided he verdict already (other than the conviction rate).

What ever the situation is, it seems Ghosn is starting to loose collaborators by the day, first the French, now Oman, and they have all came out with evidence against him. I honestly thought when he got bail that his chances have turned the corner. It's even more uncertain now.

9 ( +15 / -6 )

Japan's prosecutors seem to behaving this way because they are afraid of being embarrassed if they fail to secure some serious convictions.

Ironically they are a total, utter embarrassment, for completely different reasons.

Meanwhile the country's leadership appears to have its head in the sand. If a Japanese executive of a foreign company in China were detained and treated in this way, can you imagine the reaction?

This is really, really, not, good. Come on, this is Japan isn't it?

-5 ( +11 / -16 )

If a Japanese executive of a foreign company in China were detained and treated in this way, can you imagine the reaction?

I think you've chosenyour example very, very poorly, detentionnin China doesn't compare to any other country in terms of arbitrariness and vindictiveness, and this is before you get to the court where tge court's role is purely as a political rubber stamp, nothing else.

Yes, I have an acquaintaince that has gone through the process in China. His crime was trumped up, because he negotiated well for his company, and the princeling negotiated poorly for his father's company.

8 ( +15 / -7 )

Yes he should clear his name in the trial, although I suspect he has no chance of winning looking at the incredible charges against him. Shouting out "I have names!" just discredits him further. Glad CEO crimes are actually prosecuted here

5 ( +15 / -10 )

Some are missing the point.

Whether Ghosn turns out to be proven guilty of anything is besides the point.

The point is that he should be regarded as innocent until treated guilty, not the reverse.

It should simply not be the case that certain people inside Nissan could abuse the system through "whistle-blowing" to effect the imprisonment of an innocent person.

Again - just think about the message that the existence of this system sends. Japan should be better than this. Japan should be one of the brightest lights in the world in this sort of area.

0 ( +14 / -14 )

Whether Ghosn turns out to be proven guilty of anything is besides the point.

The point is that he should be regarded as innocent until treated guilty, not the reverse.

It should simply not be the case that certain people inside Nissan could abuse the system through "whistle-blowing" to effect the imprisonment of an innocent person.

Again - just think about the message that the existence of this system sends. Japan should be better than this. Japan should be one of the brightest lights in the world in this sort of area.

This! Unfortunately there are many users here that disagree with this concept. 'Oh he is rich and powerful, i'm sure he did something wrong, he belongs in jail' etcetc.

Please show me one Japanese person that has committed fraud on a similar scale and received the same treatment as Ghosn. I'll wait.

1 ( +16 / -15 )

detentionnin China doesn't compare to any other country in terms of arbitrariness and vindictiveness

Unfortunately we now know that's not true. China has a formidable rival in this field.

-3 ( +11 / -14 )

Please show me one Japanese person that has committed fraud on a similar scale and received the same treatment as Ghosn

It's not an apple for apple comparison though. Other wrongdoers mostly confess, get on TV and apologize, bow deeply, negotiate settlement etc.

I do wonder what would be Ghosn's fate had he done the same.

In addition, it appears the French is on a campaign of giving Ghosn just enough rope, ie let him deny allegation on record, only to come out with evidence that completely obliterate Ghosn's earlier denial.

6 ( +15 / -9 )

I do wonder what would be Ghosn's fate had he done the same.

He didn't have a chance, he was picked up at the airport and locked up immediately.

-2 ( +12 / -14 )

He didn't have a chance, he was picked up at the airport and locked up immediately

Of course he had a chance, in tgat first 48 hours of detention, during the interview. That's what most other Japanese do, they know how tge system work.

He had more chances to do so after he got a lawyer, and he still has a chance now, though the damage to the relationship (with the prosecutors) is done.

4 ( +15 / -11 )

He's certainly right to question whether he will be given a fair trial after having already been tried and convicted in the media.

0 ( +14 / -14 )

'I have names' - Ghosn vows to clear his name in trial

The best headline ever!

-9 ( +6 / -15 )

There is no justice, only balance. However, don't underestimate Japanese prosecutors, they are professionals and they are very tough to beat.

theyre tough to beat because the system is stacked heavily in their favour, the smartest prosecutors dont stay a public servant they become defence lawyers where the real money is. In the end it doesn't matter how smart you are if the deck is rigged against the defense. 99% conviction rate LOL yeah I always get a laugh at that adolescent statistic.

11 ( +20 / -9 )

Glad CEO crimes are actually prosecuted here

your being sarcastic right? TEPCO, Olympus, Kobe Steel, Toshiba, KYB, Tanaka, various Japanese banks, just the ones that come to mind. How many of their CEO were convicted and sent to prison. you'd be lucky to count them on one hand.

17 ( +26 / -9 )

WSJ is now reporting the prosecutors have a document relating to a reserve made for delayed compensation to Ghosn, which Ghosn earlier denied and said it was never approved by Nissan. This is interesting because someone in Nissan will be implicated for under reporting as well, unless Ghosn himself approved his own compensation and set aside the reserve (unlikely, he wouldn't be that arrogant).

This explains why he doesn't want to be tried with Nissan, perhaps he wants to plead Nissan set aside the reserve, Nissan is the one under reporting, and in any case if he was paid it he would give it all back because he is not greedy?

3 ( +8 / -5 )

"I have names" hahaha oh dear.. How amusing. Anyway we'll see what he has to say for himself in trial

0 ( +8 / -8 )

For those who have already decided Mr. Ghosn is either guilty or innocent I suspect it will not matter. But for those who remain open to ongoing information you might want to keep an eye on what the French Prosecutors do with the Renault BOD report that was issued on Tuesday. Part of the claims FROM RENAULT that are now in the hands of French Prosecutors are directly related to the Oman funds for which Mr. Ghosn was rearrested yesterday. It will be fascinating to see what the French Prosecutors' decide to do with the same basic evidence that has been given to the Japanese Prosecutors, at least with respect to this latest charge.

https://www.wsj.com/articles/renault-board-says-probe-finds-questionable-expenses-11554306405?tesla=y&mod=article_inline&fbclid=IwAR330rynSI_D7IYwWYyLCYZE4AzPkqTjRd1-FIflH0-PPSCoOy8avYuyXKY

For those with no access- some key portions:

""Renault and Nissan for months have been running parallel, but largely separate probes after Mr. Ghosn’s arrest. The investigation of a unit overseeing the auto alliance opens a new front, as an audit of Dutch subsidiary Nissan of RNBV cuts across both companies and delves into areas that could have escaped the corporate governance of either company.

“Certain expenses which have yet to be precisely quantified, but may amount to several million euros since 2010, raise serious questions as to their conformity with RNBV’s corporate interest,” the Renault board said after reviewing the audit’s interim conclusions.

The board also said that “serious deficiencies” in RNBV’s financial transparency and spending control procedures were found in the probe.

Renault’s board also released some conclusions of its own internal probe of Mr. Ghosn. Expenses incurred by the former CEO “are a source of concern, as they involve questionable and concealed practices and violations of the group’s ethical principles, particularly concerning relationships with third parties,” the board said, marking its first ethics accusations against Mr. Ghosn.

The board said it had informed French prosecutors of payments the company made to a Renault distributor in the Middle East. Renault found that its CEO office, while under Mr. Ghosn, sent millions of euros to Suhail Bahwan Automobiles, a distributor in Oman, over a number of years, according to people familiar with the matter. Renault said it reserved the right to bring action before French courts.""

11 ( +14 / -3 )

Let freedom, innocent until proven guilty prevail.

I am appalled by the French govfrnment doing nothing while sometimes they would support a drug smugler or other types of criminals.

Again, you don't put somebody under torture (yes it is) just for unethical reasons. You make him pay by heavy fines if proven guilty.

He is scapegoat to allow merging of Renault and Nissan to be back on track...

I never believed in justice wherever I was by the way.

-2 ( +8 / -10 )

Hours before his arrest he made a broadcast. How could he have done that in his lawyers office @4am and be tucked up in bed 2 hours later after saying goodbye and traveling. It should be traced where it was made and when. If he breached his bail, he must forfeit his bail payment. Also he must face further charges of breach of bail, which is imprisonable. Also as he preached bail, he should never be allowed to be bailed again.

0 ( +8 / -8 )

However, don't underestimate Japanese prosecutors, they are professionals and they are very tough to beat

Nope they are not, this is a medieval justice system where the prosecutor can do anything and everything to violate your privacy and get information by ANY means. In a civilized democratic justice system there methods will be hundred percent illegal.

For all the flaws in the Japanese system, I applaud prosecutors for pursuing this case..

Well they are not pursuing this case, they are only pursuing him, and want him and any other foreigner out of such or rather any exec position. Now if they were really pursuing this case, all of the Nissan top management would be have been locked up with him.

-3 ( +7 / -10 )

Whether he is guilty of any crimes or not is still up in the air. So in that I will not persecute nor defend him. However, he deserves a fair trial. Something he will not get in Japan (as evidence has shown so far). So I 100% support and defend Ghosn in this way.

I hope he exposes every last name that has done any sort of injustice whether it be from Nissan or the Japanese judicial system. Get'em Ghosn.

-3 ( +6 / -9 )

No stake in this, but: end capitalism.

-6 ( +3 / -9 )

What were the Board of Directors doing while all of these financial transactions were supposedly happening? They owed an allegiance to the company and the shareholders to make sure nothing damaging could happen to the company’s finances. Are they not being interrogated in a detention center, as well? What about the CFO? Auditors?

-4 ( +5 / -9 )

He looks rough.  And his "threat" is ridiculous.  He has been abominably treated, but I'll bet there is enough there to get a conviction of some kind.

6 ( +10 / -4 )

Has he appeared before a judge yet? I believe that if arrested in Japan, a person mustt appear before a judge within 48 hours.

Let's all see what the judge does.

10 ( +10 / -0 )

"Ghosn's wife happened to be with him when he was arrested, so they confiscated her passport and her mobile," said Junichiro Hironaka, who heads Ghosn's Japanese defense team.

"His wife is not a suspect ... this is unforgivable,"

This just needs repeating if you want to understand exactly how the authorities behave in Japan. Any doubts as to whether Japan is still a medieval county in its heart can be laid to rest.

The state reigns supreme in Japan, is authoritarian and unaccountable.

It rarely needs to show its teeth because the people are so obedient and willingly repressed, but ocassionally it will.

-2 ( +5 / -7 )

The state reigns supreme in Japan, is authoritarian and unaccountable.

Japan seems to be stateless. I would say that bureaucracy reigns supreme in Japan, and as the commenter quote rightly says, is authoritarian and unaccountable.

-2 ( +4 / -6 )

We should really rally outside the detention center. This affects both foreign residents and Japanese too.

Do you know how many Japanese are arrested for crimes they didn't commit? As some have pointed out the '99% conviction rate' that's right, nothing will change post Olympics with scapegoat after scapegoat our politicians will play. They also are exotorting Carlos family for more bail money. Saikawa is still at the helm to destroy this great big alliance Carlos built which is not only great for our economy but creates a behemoth of a multi car company like GM. Saikawa wants to destroy this and defame this man who shook up our lagging business industries. Please I urge you to make a difference now and contact journalists abroad and also on social media and to form a protest outside the detention center! Together let's make a difference for a true Reiwa friends!

13 ( +13 / -0 )

The government is the owner of the passport, so that makes it government property, so how can another country take these items? I am surprised that the French government have not asked for it back, or given his wife another, I am also surprised that the French government have not backed up Mr Ghosn, I hope he does come out with more names, if he's going down he's going down fighting.

5 ( +5 / -0 )

CEOs and corporate boards have been working together to rip off shareholders since the dawn of corporations. It's nothing new. However, it seems like many corporate officers wrongly assume that as long as boards sanction their conduct, then they aren't doing anything criminal. The law obviously takes a different view, as Carlos is now discovering.

For all the flaws in the Japanese system, I applaud prosecutors for pursuing this case. You would never see this happen in the US or Europe despite similar laws on the books. It's unfortunate that prosecutors across the world are extremely reluctant to prosecute these sorts of corporate malfeasance cases unless there's been a massive bankruptcy or scandal. The main reason seems to be that the victims (shareholders) will often be left far worse off financially by any investigation, since the stock price will usually plummet (as we've seen with Nissan). It's a strange situation which allows many high flying CEOs and boards to act with impunity as shareholders suffer in silence. Hopefully this case will improve corporate governance across the board.

Oops. You posted on the wrong story. This one is about the Japanese In-justice system and their unjustified detainment and persecution of an individual, at the demand of a private entity without any valid and proven evidence of any illegal action identified in a court of law. And who's prosecution department is operated by ignorant and sly individuals that have been manipulated by the first set of snakes hiding behind a company who's arguments up till this point, since no factual evidence has ever been openly presented, have been entirely based on speculation or hearsay accusations. Basically they almost make North Korean courts appear proper.

But I absolutely hear you. There is so much corruption in this world it's completely disgusting and some decent people should really come forward and start cleaning things out. Oh! You know... they should start with the Japanese justice system!

0 ( +0 / -0 )

The state reigns supreme in Japan, is authoritarian and unaccountable.

Japan seems to be stateless. I would say that bureaucracy reigns supreme in Japan, and as the commenter quote rightly says, is authoritarian and unaccountable.

Well, it's Japan. No one will offer to take any acountability of wrong doing. That requires true honor, which sadly, has begun to dwindle here. Nowadays, the rule is to point at the person beside you or call out everyone else to divert attention from yourself.

Those of you that have lived and worked here as long as I have, but are originally from somewhere else will know exactly what I'm talking about. Those of you that aren't, please dont feel upset, but you might not know of the difference that I'm referring to if you have not ever experienced it. And that's ok, it's one of those things; it's and obnoxious argument when spoken, but holds truth when experienced.

0 ( +0 / -0 )

Has he appeared before a judge yet? I believe that if arrested in Japan, a person mustt appear before a judge within 48 hours.

Let's all see what the judge does.

Whatever Nissan wants, obviously.

0 ( +0 / -0 )

I think his wife holds dual nationalities (Ghosn holds three), not sure where she flew in from but if the prosecutors took her US passport, I'm quite certain US Embassy acknowledged. She's also Lebanese.

In the TF1 interview, Ghosn said something in the line of "Japanese are excessively self-conscious about what foreigners and foreign countries think about them..... so the French government should keep the pressure on." I find that comment quite disgusting. Besides, Ghosn moved tax domicile to Netherlands in 2012, so perhaps he should ask Holland for help.

0 ( +0 / -0 )

After this is all said and done...Fair shake or not... Will the public really want to purchase a Nissan. I think what this does it rip apart the brand make people lose confidence.

If Ghosn is on the winning side of this, it's going to make Nissan look even worse. They spent 20 years rebuilding a failing auto brand. It took less than a year to destroy that hard work.

1 ( +1 / -0 )

@little bear, I would also like to see the sales figures for Nissan over the last past few months, I wonder if they have dropped, gone up, or plummeted?

0 ( +0 / -0 )

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