Ghosn says he does not want to make false confession: sources

I was forced into a confession for jay walking. But I was eventually released after a day and two more half days. He should be there for at least two years. his crime is very serious. He should just confess, pay off and go back to Europe. Suspended sentence.

It's almost like the real work of the justice system is administered long before lawyers and judges get involved. This reminds me of the leg-work before business meetings at my former company. By the time we met for endless hours to discuss and ultimately agree to something there was zero surprise b/c buy in for any proposal was already painstakingly achieved in the weeks before a meeting. Where presto we have unanimous consent.

Trials, judge and jury, innocent until proven guilty--what charming notions. Japan is basically operating the equivalent of Guantanamo Bay. You'll sit in your solitary confinement until we've extracted your confession, they we'll put on the world's most boring show trial. But wait, the judges will all sit with perfect posture, looking ever so stern.

GoodlucktoyouToday 04:28 pm JST

I was forced into a confession for jay walking. But I was eventually released after a day and two more half days.

Are you serious ?!!

Ghosn is most likely a greedy and tough hombre and could very well be guilty of something. Japanese justice is showing it is willing to go for indefinite detention until he confesses to something.

This is like something we read about in a novel. Scott Turow or John Grisham could possibly not come up with and twist a better story.

Whatever happens it is interesting to watch.

I hope Ghosn sticks it out and keeps his lips sealed. Force the play over to Japan. Due to the international attention this is getting they will need to have a proper trial with evidence presented, etc.

If Ghosn is guilty then he needs to do the time. If not this is going to really, really tarnish Japan's image in a very bad way. I have spoken to many foreign business people in Japan about this. Only 2 are considering leaving Japan over this incident (they are fairly high up in their organizations and they are dead serious) but more may follow suit.

There are many who have been here for some time and were unaware of this part of the Japanese justice system.

Just such a strange headline:

"Ghosn says he does not want to make false confession."

I hope he holds firm and it goes to trial. Let's see what the Nissan top brass say then.

Goodlucktoyou:

You're actually defending the system that locked you up for over a day for jaywalking? It's a scary place where you can be picked up for randomly crossing the road and locked up with no charges until you "confess".

Shin Kukimoto, deputy chief prosecutor for the Tokyo District Public Prosecutors' Office said : "Japan is a law-abiding country and this is the way our justice system works. He doesn't see any problem with that."

"Each country has its own history and culture ... It is not appropriate to criticize a system in another country just because it's different from your own."

http://www.asahi.com/ajw/articles/AJ201811300012.html

Japan is not USA, Australia, or whatever other country. Japan is Japan ; comply with its laws and you'll be just fine, be it Japanese national or foreigner.

You're actually defending the system that locked you up for over a day for jaywalking?

Japan seems to be suffering from collective Stockholm Syndrome. Cultivated over millennia mind you.

@Goodlucktoyou - I would rather this whole thing go to a very transparent trial so all of the offenses committed by all people involved are brought into the open for everyone to see. If Ghosn is guilty then he should be punished. If others were involved and helped the the crimes to be committed they should be punished as well.

I agree with the posts of descendent and jcapan. Defending a system that would detain you for j-walking either

Exposes you as a troll on this issue, or

Reinforces aforementioned Stockholm Syndrome comment

My bet is on number 1

I'm no expert at Japanese tax law, but if what Gohsn says it true, this is egregious. To be tax on income promised but not yet received is ridiculous. Are Japanese workers taxed on benefits which accrue to their public and private pensions yearly? What happens if a company enters bankruptcy and discharges the debt - will the government return the taxes paid on such "income"?

Something is fishy here. I look forward to the formal charges to bring light to this matter.

@Goodlucktoyou

I was forced into a confession for jay walking. 

Did you do it?

I'm no expert at Japanese tax law, but if what Gohsn says it true, this is egregious. To be tax on income promised but not yet received is ridiculous. 

The charges against Ghosn have nothing to do with income tax.

The charges against Ghosn have nothing to do with income tax.

How do you know? If what is being alleged is true, then there's likely to be some tax liability involved. When the clock runs out for prosecutors on the disclosure offence, they may end up re-arrest him on a tax offence to reset the clock.

I'm no expert at Japanese tax law, but if what Gohsn says it true, this is egregious. To be tax on income promised but not yet received is ridiculous.

The general principle is that tax is always payable on monies earned within the tax year, regardless of when the money is actually paid. Sometimes it's very difficult to say exactly when the money has been earned or when the service is provided and it requires a careful examination of the contracts involved (retirement and bonus payments being one special case), but that is the general principle.

For example, I can't ask my employer to hold on to half of my salary every year and then pay it to me in one lump sum after I retire and become a tax resident of Barbados (or some other tax haven). The employment income was earned in Japan and the law says it should be taxed here. It sounds like Carlos may have been looking to do something like this.

@Goodlucktoyou

 was forced into a confession for jay walking. 

I've seen lot of people doing jay walking in Japan both in small and wide street, how come they get you? Are you trying to jay walking on major express way?

@M3 what you speculate is quite possible. We just do not know right now. You are absolutely correct in stating the contractual agreement between Nissan and Ghosn is critical. This contractual agreement would be available to the Board of Directors and they are somewhat responsible for this agreement and ensuring it is accurately fulfilled.

Tax is not generally not levied on income promised but not yet received but yes it is true that there are some cases where the tax is in fact due (again need to see the contract).

I agree with Harry that the current allegations (not yet charges) have nothing to do with income tax and have to do with reporting to the Securities Exchange Commission.

Again; what most have a problem with is the fact he Ghosn is being held so long without charges and the fact that the Prosecutor came right out and said "we will hold Ghosn as long as necessary".

If Ghosn is guilty of this then as I have stated before he should be punished. Having worked in a large corporation (Fortune 50 company) quite a while ago I cannot imagine that 2 people could to what is being claimed without not only the full knowledge of but in addition the full cooperation of numerous high level executives and the Board of Directors.

Tokyo-Engr, I completely agree. We just have to wait and see.

However, the nature of the tax system and financial crime is such that it's almost impossible to be guilty of what Carlos is accused of without also being guilty of some peripheral tax offence. Remember, the only thing Al Capone was ever jailed for was failing to report his true income.

I hope he can stand up to the inhumane incarceration that forces so many to make a false confession.

I don’t think that Medieval Inquision type of ‘Justice’ is longer valid in a modern and prosper country as Japan.

Let's not over-exaggerate here please! The system here IS screwed up, but dont compare it to the "medieval inquisition" please.

If it was, he would be dead by now!

I was forced into a confession for jay walking. But I was eventually released after a day and two more half days.

Just what is a "day and two half days"? Plus I think there is a hell of a lot more to this story then some forced confession. Like you didnt want to show your id, you denied doing it, or something.

Cops here typically do not stop people for jaywalking, if they do it's mostly a fine, as it is covered under the traffic law and not criminal law I believe, and they don't go out looking for confessions either.

They would issue a ticket, and you would be fined. You must have done something else that they suspected you to supposedly go this far

Just wait until he tries the katsudon.

I mean lets be honest here,

saying he could not stand to make a false confession as doing so would harm his reputation,

Ghosn is known to be extremely egotistical, this just proves it. I can show you right now how Ghosn is guilty of false filings to the security commission. Regardless or not he did it with knowledge is up for debate, but the fact that the papers he signed off on it show one thing that isnt in line with the law just proves he's guilty or the fall-guy, but the end result is the same.

Ghosn's ego wont let him confess and the Japanese prosecutors are probably just waiting around until he does as they'd likely not want to go to trial anyways (just a waste of time).

The charges against Ghosn have nothing to do with income tax.

As far as I am aware there has been no charge yet.

the fact that the papers he signed off on it

You mean the securities report? That would be Saikawa and some other guy.

Must defend Japan, in the face of injustice, must defend Japan. Wouldn't have to defend anything if it didn't need defending. No charges, no specific information so I am more than dubious about some claims here that they know...and he is guilty? Of what he hasn't been charged. Just being held for as long as it takes to get a confession. If he confesses to something, anything...smoking in a non smoking area are these people placated. Prosecutors are holding him this long because obviously they have nothing to actually charge him with. Personally recommend admitting to taking a note book or two and a nice pen from the office. Them get the hell out, back to a modern society.

He should be allowed his day in court, and I hope he sticks to not talking nor admitting to anything, if he is not guilty of anything. He should make the cops prove it.

If they dont get a confession they are going to have an awfully difficult time of prosecuting him as the evidence so far shared in the media makes his story sound true as the audits at Nissan showed that they were questioned about the payments and were told everything was legal.

The extra BS is just icing on the cake to ruin his image in the eyes of the public! Even the wide shows are talking about Nissan's glorious history and reasons for their going bankrupt, making them sound like martyrs no less.

 I can't ask my employer to hold on to half of my salary every year and then pay it to me in one lump sum after I retire

Not true. Ever heard of deferred compensation? I have many high earning clients that have comp plans that pay them less now and spread the payments over 5-10 years after they retire. The taxes are paid in the year when the income is received.

Ghosn is known to be extremely egotistical, this just proves it.

I cannot find the link between refusing making a confession and being egotistical.

He is brave because if he has actually done something wrong and can be charged the sentence will be bigger.

He might be greedy (I do not know) but he is not an idiot, he is very strong and knows very well the Japanese culture.

He will push this matter very far as this is his right.

Then let's see who will lose the most. Interesting case for Japan and Japanese people.

I eagerly await the arrest and interrogation of grease-man Hiroto Saikawa and all the board members of Nissan for helping facilitate Ghosn's horrible financial crimes. Waiting. Waiting....

Yeah, Thomas Cromwell didn't know what Henry VIII was up to. Goering didn't know what Hitler was up to. Yagoda, Yezhov....Stalin. Give me a break!!!!

The charges against Ghosn have nothing to do with income tax.

As far as I am aware there has been no charge yet.

Absolutely correct, allegations would have been a better word.

@badman

Not true. Ever heard of deferred compensation? I have many high earning clients that have comp plans that pay them less now and spread the payments over 5-10 years after they retire. The taxes are paid in the year when the income is received.

I have indeed. It's why I said generally. My understanding is that deferred compensation plans are generally not accepted by Japanese tax authorities in the same way they are under the US tax code. They certainly aren't in many European countries. Unless I'm mistaken, the most recent round of tax reform proposals in the US is also set to eliminate or severely limit the ability to enter into deferred compensation agreements (bringing the US more in line with other tax systems). I'm assuming you know alot more about this.

I'd wager a small amount that this never gets to court.

goodlucktoyou seems to need some luck, because he seems to be mentally handicapped to have jaywalking confessions forced on him,regardless.... in this issue if Ghosn feels he is right, he should keep quiet, and go to proper open trial. , he definitely seems like a guy that will not break down because of some alone jail time, probably enjoying the forced downtime and reading catch up., while Japan inc. looks worse and worse globally.

The Tokyo prosecutors look more and more ridiculous each day. After all the wrong doing the media claimed Ghosn had done, they have not been able to lay a single formal charge. They just keep making new unproven accusations.

The guy grew up in Lebanon. Think he'll buckle? No way. Tokyo prosecutors you have met your match. Get your evidence before you arrest people, not afterwards.

he definitely seems like a guy that will not break down because of some alone jail time

Ghosn is a complete rock. He has always been a lonesome guy managing 10 time zones in a week. Maintaining separate agenda for separate businesses.

Japan might be the empire of the rising sun, but the Ghosn one was "The empire on which the sun never set".

Being questioned in the middle of the night is not a problem for him.

This Forbes article from .... 2006 speaks for itself.

https://www.forbes.com/global/2006/0522/020.html#631d84c65132

@ksteer

I can show you right now how Ghosn is guilty of false filings to the security commission.

Are you the whistle blower?

Ghosn's ego wont let him confess and the Japanese prosecutors are probably just waiting around until he does as they'd likely not want to go to trial anyways (just a waste of time).

first why would prosecutors need a confession if theyve got rock solid evidence agains Ghosn!? and yes its most certainly a waste of time going to trial for the prosecutors if they dont have concrete eveidence to prove Ghosn guilt!. So you can now see why forced confessions are such a big part of Japans legal system and the laughable high 99% conviction rate. Id say Ghosn is just holding out for a trial, this way the whole world can see the joke the J legal system is , guilty until proven innocent

No one is expecting him to confess for things he did not do.

However he has a track record. not only in Japan. (where he let go 20,00 employees and closed factories all over.)

He makes the hair stand on end at Renault as well.

He defied shareholders there by increasing his salary against their collective vote.

He fired 3 innocent executive on the pretext of espionage (WITHOUT DUE PROCESS, BTW) - who were completely exonerated after a thorough investigation.

As his former wife accurately summed up: he is a narcissist. He is ruthless, arrogant, highhanded and plays by his own rules.

This time the wagons have circled .

That indicates they're forcing him to lie, it's psychological warfare.

Japan is not USA, Australia, or whatever other country. Japan is Japan ; comply with its laws and you'll be just fine, be it Japanese national or foreigner.

and as it stands now Ghosn is innocent and hasn't broken any laws, accusations does not = guilty, so until the prosecutors have concrete evidences and show that evidence in court he remains innocent and complying with J laws. Ghosn isnt stupid and isnt constrained by J cultural traits so its unlikely the J prosecutors will get a forced confession from him, they'll actually have to do their job and investigate and find real proof of his guilt, good luck.

If Japan's system works, as claimed by the deputy chief prosecutor, then why is Japan's re-offending rate so high?

Failing to report half the money he WAS or HOPED to receive, seems like no "crime", and punishment a small room is laughable, what a colossal waste of a human mind and an embarrassment of a punitive system.

He did the right thing not to sign a confession, this man needs a release and an apology, then the matter needs to go to arbitration so the great man can recover.

Where are his damn lawyers? I refuse to be spoon-fed this info from nameless "sources", who are doubtless in cahoots with the prosecutors, Nissan board members or even the Japanese govt. Let's hear from his side for once.

Anyway, according to the report he didn't receive the money -- he WAS TO receive it in the future.

How many of you folks report your pension and other post-retirement payments that you EXPECT TO RECEIVE IN THE FUTURE as your current income? Not me!

All smart foreign national business owners and C.E.O.s should leave Japan in protest and let the Japanese fend for themselves regarding international trade and commerce. Then they will have nobody to blame but themselves when their country changes from a respected 1st world thriving economy, back to the 3rd world.

The time has come to arrest, lock up and interrogate the entire Nissan board. Seems like they have approved false financial statements, bought fancy houses around the world and lied to shareholders.

Watch how many confessions we'll get as those guys fold.

Japanese govt should buy out Nissan from French govt. Japan has the money, and should spend it for the good of Japan.

If I were Mr Ghosn then I would not make a false confession.

However, 99% of people do.....

@Goodlucktoyou: I've been living in Japan for 37 years. Though I've had a couple traffic violations, and stop and check riding my bicycle, have never been arrested or detained. It's very simple, corporate with the police and show them some respect and most of all follow the laws of the land and you'll never have any problems. If one can't do that, then I recommend leaving Japan.

@John

Youre funny, if our country is 'law abiding ' please do explain why there's a 1000001 scandals just this year alone, only to put up the fake bow appology and tomorrow is a new day.

Why does the yakuza offices have their gang name signs hung outside their office doors?

They cannot charge Ghosn with failing to report something he has not received. Unless Nissan pay him the money there will be nothing they can charge him with.

It's a pity that Japanese judges and investigators have not read the Japanese constitution, which states:

"Confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence."

Of course, everyone knows that the Japanese "justice" system routinely ignores this clause and forced confessions will get you convicted every time.

It would seem that the authorities are trying to get a confession out of him (and likely also a non-disclosure plea bargain) by keeping him locked up. Japan Inc. - open for business, attractive to the world......

kurisupisuToday  06:39 am JST

If I were Mr Ghosn then I would not make a false confession.

However, 99% of people do.....

Ghosn is part of the 0.000001% smarter guy and thicker skin in the world. He will never crack on forced confession. Never!

The headline says it all.

" Japan is Japan ; comply with its laws and you'll be just fine, be it Japanese national or foreigner."

not true :-)

once the cops arrive, fun begins. yes they listen to your story, but thats just part of the act

your already presumed guilty just because your a foreinger.