crime

Ghosn's lawyers accuse prosecutors, gov't officials, Nissan execs of collusion

37 Comments
By Yuri Kageyama

The requested article has expired, and is no longer available. Any related articles, and user comments are shown below.

© Copyright 2019 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

©2020 GPlusMedia Inc.

37 Comments
Login to comment

We have all seen the clear neon signs of collusion. However, he is still in the position he is in and it's clear the justice system won't do anything for him. Pointing out the obvious won't change anything. They initially set out to make an example of Ghosn and that's what they will do. Look at Saikawa and Tokyo electric. They did the same or much worst crimes but all they had to do was apologize and "give the money back" and everything would be fine.

31 ( +33 / -2 )

Seems to me that most Japanese prosecutors expect accused to simply roll over and beg for mercy. Not the case here, apparently. Prosecutors will soon have to face reality, as will the entire Japanese justice system.

26 ( +29 / -3 )

The papers allege collusion between prosecutors, government officials and executives at Nissan Motor Co to drum up criminal allegations in order to remove him as chairman

I’m quite sure everybody knows this to be true. However, getting it supported by the same court that sanctioned this collusion is gonna be near impossible.

We all know Ghosn was railroaded in underhanded corporate coup that required a lot of government and investigator collusion. Perhaps Ghosn is guilty of financial misconduct. However, the matters he has been arrested for should have been dealt with internally by Nissan. Now, the victim of this coup has to face the Japanese kangaroo court to prove his innocence. FREE GHOSN!

23 ( +25 / -2 )

Good luck to his lawyer, though I have serious doubt that he will succeed as the establishment will close ranks against them. It is more than just a law case now, too many people in positions of power are implicated, not to mention major state institutions reputations, they are being scrutinised not merely in Japan but in the full glare of international attention. We all know the historic and still current Japanese attitude to losing face, they will do everything in their considerable power to destroy him for daring to stand up to and contradict their version.

However the case goes the Japanese legal and judicial system will not come out of this looking pretty!

7 ( +9 / -2 )

"They wanted to prevent Nissan to be handed over to France," Hironaka said.

This one sentence explains why Carlos Ghosn was arrested in the first place.

16 ( +18 / -2 )

The papers allege collusion between prosecutors, government officials and executives at Nissan Motor Co to drum up criminal allegations in order to remove him as chairman.

This was crystal clear from the beginning and even more so when Ghosn's wife made public the fact that the initial arrest at the airport was staged by the prosecutors with the complicity of the Japanese media.

It was later confirmed when the snake Saitama admitted the same "misconduct" he accused Ghosn for but went away with it without those so-called prosecutors ever opening their stinky oyaji mouths about it or putting him for three months in jail.

17 ( +18 / -1 )

Can't believe he is still being denied contact with his wife. Even if she were involved, she would have had ample time nearly a year ago to cover up any tracks when he was first arrested plus during the period he was out on bail the first time. What do the prosecution think they are going to say/do that they haven't already?

For anyone interested, former AFB Bureau Chief Philippe Riès: "Behind the Carlos Ghosn Saga" (at the FCCJ available on youtube) offers some thought-provoking insights into the case and its main protagonists.

13 ( +13 / -0 )

I initially posted that Goshn should just take a deal but I can see now, that a long term strategy of playing the same game as the prosecution (wear them down) might work, to an extent anyway. It seems Goshn is adamant in his conviction that he is innocent, and from what I have observed, I am sold that he is. Good luck to him. If what they defense is saying is true, what a sham of a system this is!

If he wins, it will set a precedent that might be a game changer.

10 ( +11 / -1 )

I had understood the collusion between prosecutors and Nissan executives, but government officials too? I'd like to know more about this - who were they, what documents exist, etc.

9 ( +9 / -0 )

Separately, the legal team said Ghosn reached a civil settlement last month with the U.S. Securities and Exchange Commission in the SEC's investigation of alleged violations of U.S. securities laws.

The SEC case was settled "with no findings or admission of wrongdoing," the defense team said.

No mention that Nissan was found jointly responsible, wonder why...

The charges against Ghosn are BS and pretty minor in comparison to what A LOT of Japanese executives get away with. Even the 'gift' scandal circus has moved on and only one old guy resigned (he wasn't even going to do that, probably got a nice retirement package as well to encourage him). Not treating it all equally makes a mockery of the system and reduces trust internationally

11 ( +11 / -0 )

...and just like that, everything seems right in Japan again.

I'll be waiting for the Ghosn team to present their supporting evidence ...

The Japanese justice system is in for an interesting ride.

8 ( +8 / -0 )

former AFB Bureau Chief Philippe Riès: "Behind the Carlos Ghosn Saga" (at the FCCJ available on youtube)

Thanks for the prompt, though watching him makes me cringe a bit, out of rhythm breathing, licking lips, hands shaking, finding words...all signs of someone who doesn't believe in their own words, or untruthful. I had to stop watching when q&a started.

0 ( +0 / -0 )

Saikawa= Japanese = no court case, a bow will do.

Ghosn= Non- Japanese= locked up and then a sham court case.

All you need to know.....

14 ( +15 / -1 )

Hmmm...where are all those pundits that were making claims that he was guilty? Suspiciously absent here!

If the court decides to hear this case, in a timely manner, it will put the prosecutors on the defense, as well as bring the case back into the public spotlight, which has waned over the course of the past few months.

The prosecutors dont want this case in the public eye, and the defense is doing it's best to make sure folks dont forget! Getting interesting again!

Maybe it's time to heat up the pop-corn machine!

10 ( +12 / -2 )

I personally don't feel Ghosn is completely clean but not charging the others involved just shows how double standard this is.

The whole company process should be brought in picture as the company should be heavily fined for allowing such tax practices. Amazing the whole company isn't being audited and those involved in approvals need to be fined/charged or reprimanded depending on scenario.

1 ( +3 / -2 )

I fully agree with his lawyers, Japanese companies that are run by bad salary men types of operators always find unfair excuses to destroy their foreign bosses, who can get the job done much better than them. saikawa is a proven good example of such kind. What he thought was, he had as a advantage, was the backing of certain Japanese way up over him. Unfortunately, the truth will come out with time and this time, Carlos's lawyers are 99.9% correct. People foreign or Japanese might be jealous of Carlos life but pls understand that under the Japanese accounting system, what Carlos have done is not possible. The fact remains that Carlos do not read or write Japanese . Also, trust me nobody's life is a bed of roses. I can say for sure because I have live in that life for 32 years only at a smaller scale.

2 ( +4 / -2 )

The charges against Ghosn allege under-reporting his promised compensation in documents and breaching trust in making dubious payments.

Ghosn's defense argues the promised compensation that allegedly wasn't properly reported was never agreed upon.

no mention of the small sum of $65 million.

Or did I get the figure wrong?

gary

0 ( +3 / -3 )

@Yubaru

Hmmm...where are all those pundits that were making claims that he was guilty? Suspiciously absent here!

Can I ask why you seem to view this as a binary issue of guilt or innocence? Can you not entertain the possibilities that Ghosn may be guilty, and that Nissan is guilty, and that Nissan executives conspired to oust him in a devious plot, and that prosecutors and other officials may have acted improperly in working so closely with Nissan, and that perhaps this would not have happened to a Japanese CEO? Neither of these claims are mutually exclusive and none speak directly to Ghosn's guilt or innocence. They may all end up being true.

What is suspiciously absent is any explanation from Ghosn as to why the roughly $15m in Nissan payments to Middle Eastern dealers ended up with 'Good Faith Investments', one of around 40 shell companies that are registered at a Beirut address connected to Carlos. Presumably this will be explained at the trial.

1 ( +6 / -5 )

This should have appeared in yesterday's media when representatives of all foreign governments were here.

5 ( +5 / -0 )

Ghosn's lawyers accuse prosecutors, gov't officials, Nissan execs of collusion

Well well. A man amongst mice in Japan. Not only is he defending his client, but is taking on a sham, scam, so called legal system and Japan Inc. (gov. included system).

A Giant lawyer defending a Giant.

5 ( +7 / -2 )

It's been clear for some time that the prosecutors' office is in league with Nissan. This proves it.

https://www.nytimes.com/2019/10/24/business/nissan-carlos-ghosn-evidence.html

4 ( +6 / -2 )

"The charges against Ghosn allege under-reporting his promised compensation in documents and breaching trust in making dubious payments.

Ghosn's defense argues the promised compensation that allegedly wasn't properly reported was never agreed upon."

In neither case would he actually have received the funds. You can't evade tax on compensation you haven't yet received. He was set up by Saikawa and Nissan, in league with members of Keidanren, the LDP, and the Tokyo Prosecutors' Office. It is the Japanese justice system that needs to be on trial, here.

0 ( +3 / -3 )

Japanese judge prosecutor lawyers what did you expect, fair justice for a foreigner?

2 ( +4 / -2 )

It is the Japanese justice system that needs to be on trial, here.

Not sure if that was tge intention of Hironaka san, tgere are some really wild accusations being flung around by the defense team. In the press conference, he mentioned 'secret group' formed just to frame Ghosn...

That's a high peak...can he prove it?

4 ( +5 / -1 )

It's well

0 ( +0 / -0 )

It's been clear for some time that the prosecutors' office is in league with Nissan. This proves it.

https://www.nytimes.com/2019/10/24/business/nissan-carlos-ghosn-evidence.html

I've also seen many other media outlets casting a critical eye over the proceedings and Japan Inc doesn't come out looking good...

1 ( +3 / -2 )

Why nobody is surprised and only Japanese newspapers present it as something incredible?

4 ( +5 / -1 )

"They wanted to prevent Nissan to be handed over to France,"

When it comes to taking over Western companies, or demanding that Japanese companies be allowed unfettered access to Western markets, they’re globalists par excellence. Foreign firms expecting quid pro quo openness and reciprocal access however are sadly deluding themselves.

0 ( +2 / -2 )

From what I read, he sounds guilty and will be convicted. I am looking forward to seeing the feedback from the trial and ensuing outrage by JT pundits.

0 ( +3 / -3 )

Even if people were to accept the premise that Japanese authorities are all conspiring against Ghosn, how do we explain the US Securities and Exchange Commission charging Ghosn, Kelly and Nissan with fraud? Are the Americans also in on this conspiracy to keep Japanese companies out of Gaijin hands?

Ghosn, with substantial assistance from Kelly and subordinates at Nissan, engaged in a scheme to conceal more than $90 million of compensation from public disclosure...

> The SEC's complaint filed in district court charges Ghosn with violating anti-fraud provisions of the securities laws and Kelly with aiding and abetting Ghosn's and Nissan's violations. To settle the charges, Ghosn and Kelly agreed to be permanently enjoined from violating or aiding and abetting violations of the anti-fraud provisions. Ghosn also agreed to a $1 million civil penalty and a 10-year officer and director bar.

https://www.sec.gov/news/press-release/2019-183

2 ( +4 / -2 )

What a farce! If the SEC settlement wasn't an admission of guilt, then why did he pay a million dollar fine and agree to be barred from working in management at a US listed company for the next 10 years? The Ghosn articles are just clickbait, the guy is so guilty.

How many millions a year is enough for guys like him?

Why should the public trust defense attorneys over prosecutors in Japan? Too much cynicism is counterproductive. Don't prosecutors have a 99% conviction rate here? Is it that the whole system is corrupt, or maybe they are just a better run society?

1 ( +3 / -2 )

Don't prosecutors have a 99% conviction rate here? Is it that the whole system is corrupt, or maybe they are just a better run society?

oh please...the reason its so high is they dont count all the cases, they drop which they dont think they can get a conviction, only the ones they get a forced confession or sure they get a conviction are counted in the statistics, that in itself is proof enough the system is corrupt. If japan was such a better run society then theyd be leading the world in innovation , economics and healthy mental health of its citizen, we know that is far from reality.

0 ( +1 / -1 )

This story is not about Ghosn's guilt. It's about an allege conspiracy by the Japanese government, the prosecution team AND Nissan conspiring to frame Ghosn.

I would be very interested to see the evidence the defense team has, regardless of the outcome of Ghosn's trial or his guilt.

For the avoidance of doubt, I do think Ghosn is guilty of charges levelled against him. But I also think the defense team should pursue their claim to a conspiracy.

0 ( +1 / -1 )

problem here is every single person in legal profession is JAPANESE

if you think there is a chance of justice for a non-Japanese have your head examined

by a non Japanese shrink...

1 ( +2 / -1 )

Fact: Japan still has a sick sense of justice and fairness... the people of Japan have suffered for centuries because of it. Like I've said from day one, whether or not Ghosn is guilty is beside the point - he deserves a fair trial. The actions of Nissan, the prosecutors and the Japanese justice system have been illegal, appalling and are not welcome for a, supposedly, developed nation. Far worse than anything Ghosn has been accused of.

I believe the oyaji running Japan will have much mud on their faces on the international stage once Ghosn sinks his teeth in, and look forward to the day. They messed with an extremely capable man.

In the meantime, as a foreign-born resident of Japan, I would sooner avoid capture if I were accused of a crime than go through the impossible process of 'justice' here. I've lost all faith in the 'system' and 'due process' here. It's an abhorrent, disgusting mind-set that the Japanese in power choose to foster. And in time it will lower Japan's ranking in the world even further.

0 ( +1 / -1 )

The Ghosn debacle makes crystal clear the absolute contempt these gatekeepers of fortress Japan have for starry eyed reciprocity and the argument that there are lines of collusion and corruption by those in power that must not be crossed. On the flimsiest of pretexts, Ghosn’s supposed purloining of a few tens of millions of dollars, after 20 years of dedicated service, these scoundrel patriots had no compunction about the sacrificial loss of billions of dollars as the value of Nissan stock plummeted. Just so long as one of the crown jewels of Japan was kept safe, an icon forged in the crucible of the Manchukuo puppet state.

2 ( +2 / -0 )

Even if it's with dirty money, it's good for democracy if Ghosn's team can win this battle against a corrupted system.

0 ( +0 / -0 )

Login to leave a comment

Facebook users

Use your Facebook account to login or register with JapanToday. By doing so, you will also receive an email inviting you to receive our news alerts.

Facebook Connect

Login with your JapanToday account

User registration

Articles, Offers & Useful Resources

A mix of what's trending on our other sites