crime

Ghosn to be indicted on new charge on Monday

51 Comments
By Kazuhiro Nogi

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© 2019 AFP

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51 Comments
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Surprise surprise. What a shockingly bad justice system Japan has. Lock you up until you go stir crazy and admit to anything. Poor. Prosecutors are inhumane.

23 ( +32 / -9 )

So they will have a reason to lock him up some more?

No particular fan of his here, but perhaps his judge should launch a demand for return of meaningless bail money.

20 ( +24 / -4 )

NHK cited unnamed sources as saying that Tokyo prosecutors will indict the former......

Again these unnamed sources, how does one become an unnamed source? Who ever it is has been very busy. Sadly the evidence is not leaked, perhaps because a confession forced holds more weight than evidence, and if the evidence is just not there nothing for an unnamed source to talk about. At Nissans behalf Prosecutors have dug themselves a pretty deep hole they just can't get out of.

17 ( +23 / -6 )

Crazy, build a case then lock the guy up.

13 ( +16 / -3 )

Japan is boiling him in public as a warning to others to not to try to subvert its corporations and culture for financial gain.

19 ( +22 / -3 )

PS In my post above ‘his judge’ should have been ‘his lawyer’.

8 ( +8 / -0 )

Lesson learned for all this. Guilty or not, sign a confession, pay a fine and get on with your life. That's why you don't see Japanese executives being treated in this manner.

-6 ( +11 / -17 )

Behind arresting Ghosn, it is apparent the Japanese government is involved and it was planned elaborately between Saikawa and METI (Ministry of Economy, Trade and Industry). They did not want Nissan taken over by Renault. Nissan is for long producing JSDF military vehicles. Nissan is Japan's defense industry. I am not surprised this happened.

15 ( +19 / -4 )

on a new charge on Monday when his detention period over suspected financial misconduct expires,

Don't try to examine Olympus, Toshiba, Takata, Kobe Steel and others. Even ordinary company if they examine close enough they'll find something to indict on their executives. In Japan you'll get them for violation of labor laws at least.

17 ( +20 / -3 )

The embarrassment just never ends for Japan’s justice system.

Hang in there Carlos and family.

26 ( +29 / -3 )

NHK cited unnamed sources as saying that Tokyo prosecutors will indict the former......

Again these unnamed sources, how does one become an unnamed source

No they won't give any name, it's just part of their leak-based media strategy.

https://www.japantimes.co.jp/community/2018/12/01/issues/carlos-ghosns-arrest-japanese-criminal-justice-corporate-governance/

2 ( +7 / -5 )

Gee....imagine that....

6 ( +7 / -1 )

Of course he is.... I like Japan, I really do, but this is the kind of thing that really scars me about living here.

21 ( +23 / -2 )

It is apparent the Japanese government is involved and it was planned elaborately between Saikawa and METI (Ministry of Economy, Trade and Industry). They did not want Nissan taken over by Renault.

Yes, it's more than Nissan's internal problem.

https://www.wsj.com/articles/nissan-enlisted-japanese-government-to-fend-off-renault-merger-11550242489

6 ( +9 / -3 )

@Saiko: I can understand your post and feel the same way. I have been here long term and I am pretty much well invested in Japan. There is a good chance this is where I will finish my life. You are not the only one feeling this way however. I have had a couple of well placed expats at large companies ask me if Japan is really a place they should stay?

The sad thing is that this issue affects Japanese people more than it does non Japanese. I have always stated I do not care for Ghosn and it is quite likely he will be found guilty of something but the process is pathetic. They need to re-arrest him again?!?!?!

This has been going on since December (and likely before that). A competent prosecutor (especially being aided by Nissan) would have had a case ready to go a few months ago and a trial would be underway.

@Sakurasuki: The Colin Jones article is a very good one. One paragraph in the article states;

"The grounds for arresting Ghosn and his conveniently foreign fellow board member Greg Kelly may likely seem ridiculous. How could the pair file an untrue statement of compensation (in Japanese!) in spite of all the financial controls, audit trails and other mechanisms public companies have in place to ensure accuracy in their public reporting, without the acquiescence and cooperation of Nissan management? Granted, both men were representative directors meaning they had both the power to do so and symbolic responsibility for potentially all acts of the company in theory. In practice, however, it is an absurd proposition."

The original "crime" that Ghosn and Kelly were accused of is absurd.

Ghosn seems like a very greedy person who has engaged in at least some unethical dealings. Whether he is actually guilty of a crime has yet to have been decided.

My prediction is that he will be convicted of something. Japan, the prosecutor, and Nissan have long ago passed the "point of no return" where it would be a loss of face of the worst kind for all involved if Ghosn is not found guilty of a crime.

18 ( +20 / -2 )

Hold on, nepotism is illegal in Japan now?? Half of the business execs in this country and every single politician are going to end up locked up if that’s true!

15 ( +17 / -2 )

Japan is boiling him in public as a warning to others to not to try to subvert its corporations and culture for financial gain.

Yet their own have been doing this for years!

8 ( +12 / -4 )

Will this ever end? It's beyond a joke now.

5 ( +9 / -4 )

Of course he will. And then when that ends there'll be even more. What a joke.

1 ( +6 / -5 )

Dont worry guys, he will be released by or before Monday (note this comment) according to documents seen by an unnamed source

-2 ( +3 / -5 )

I never understood these people, who get hit with this kind of thing, always replying "but I love Japan, I love the Japanese people" They dont love you, so why you believe that? Thats where you messed up to begin with. Oh you think they love you? so why you in jail? where are they at now? Most Japanese people think this guy is guilty.

I mean he probably is guilty of some wrong doing, but nothing is done alone at that level. Ive worked at J companies that were doing shady activities and I was told, "if an inspector comes around here from this agency, dont say anything" Of course an inspector never came, but its just the culture here; if all are doing, then its ok.

7 ( +11 / -4 )

I commented over a month ago that they will go after his crooked son too. I was right. His wife will probably get off, she did run off to USA a few weeks ago where she might of had a chance to destroy evidence, but his son is subject to the US justice system. Money laundering is not taken lightly over there.

-12 ( +3 / -15 )

The fallacies and speculations never stop and keep piling to make him look bad. And Saikawa and Co are free to roam around on a golf course smoking Cuban cigars somewhere.

Olympic scandal, just 'retired' Where's his prison term for bribery?

Where's Mark Kapelles prison term for the billion in bit coins he stole and claims to be 'hacked' what is our Constitution written by Americans post WW2 say about all this?

8 ( +11 / -3 )

And nobody else in Nissan knew this was going on?

12 ( +14 / -2 )

what he should do is just sign off on the barbaric J equivalent of a plea, have his lawyer work out the conditions in Ghosn favor as much as possible (no jail time) then do a Woodford , leave Japan, and write a book and attack from the outside. Make a new company with his millions stashed, consulting about Japan Inc or something.

Once your a "troublemaker" in Japan, its over. Horie is an exception but he has joined the ranks of the outsiders and kind of embraces it, doing appearances on stupid talk shows etc. Ghosn speaks no Japanese and is chasing a fools dream if he thinks there is redemption. Only redemption is a "tell all book". he going to be guilty either way, sign or no sign.

4 ( +7 / -3 )

I'm starting to think the real crime here is being a foreigner in charge of a legacy Japanese organization.

8 ( +12 / -4 )

He is thinking short term redemption, which is highly unlikely. Short term, get the best deal for yourself, revenge is then becomes a long term slow strategy. beat them at their own game

leave japan, all kinds of promises, then its story time, all the time.

1 ( +5 / -4 )

The first word that sprung to mind when I read the headline cannot be printed in these forums. These butt holes just keep making up allegations to keep him in unnecessary detention. All the charges should have been laid out from the beginning of his arrest and not added little by little to keep him locked up. What a flipping joke the Japanese injustice system is!

9 ( +12 / -3 )

Search internet in Japanese, you will find blogs and webs of those who were arrested and detained in jail like Ghosn. They were innocent but forced to confess guilty for a false accusation: a radio newscaster, a university teacher, an office worker, a commuter, even a traveler from abroad. Japanese prison is packed fully with elders, foreigners who cannot communicate in Japanese, and mentally disabled people. They should not be in prison. Theirs should be care facilities, educational or medical institutions, or deportation. Search internet, asylum seekers are put in more horrible conditions.

The government of this aging society is a hospice of filthy elders still using the age old medieval system to highly complex society of the 21stcentury,  unable to change the Galapagos island until finally they become a black hole. That is a country risk!

9 ( +12 / -3 )

BertieWooster:

And nobody else in Nissan knew this was going on?

They knew but were biting the bullet because he saved the company. Then came the French government move to have more control over Renault (hence Nissan). The move rattled Japanese counter part. “The governance of Renault and consequently the autonomy of Renault management, which have been the basis of trust (for) the alliance, will be significantly impacted,” wrote Saikawa in Sep 3, 2015.

Ghosn was against French government move for long time. But last year he agreed to "explore a closer tie-up [with the government] in return for the renewal of his Renault CEO contract." It was then that Japanese counter part made a decision to say a goodbye to him.

https://uk.reuters.com/article/us-nissan-ghosn-renault-macron-insight/seeds-of-renault-nissan-crisis-sown-in-macrons-raid-idUKKCN1NX1GK

4 ( +5 / -1 )

Like MANY others have been saying we don't know if he is guilty or not, just TRY the damned case(s) ALREADY!!!

What is going on here is PURE UNADULTERATED EVIL!! The only thing the prosecutors haven't done yet is PURE physical torture, that is ALL that is left from making Japan no different than some of the worst dictators/regimes on the planet!!

Like others this is getting scary on a personal level.

7 ( +10 / -3 )

Lesson learned for all this. Guilty or not, sign a confession, pay a fine and get on with your life. That's why you don't see Japanese executives being treated in this manner.

You're seriously advocating lying to the authorities and admitting to a crime you didn't commit just to make your life easier. Where's your dignity?

8 ( +10 / -2 )

The upper echelons does seem to play be it’s own rules. Are we seeing a time proven strategy to drag it out as long as possible, to absurd levels , creating a form of Ghosn fatigue? The media in time loses interest, the world moves on, those screaming injustice lose their voice; the farce is out yet nothing changes. Not exactly sexy, but effective.

Reiwa?

6 ( +7 / -1 )

That's why you don't see Japanese executives being treated in this manner.

Tell that to Horie Takafumi. He spent far longer in detention than Ghosn has and got two years and six months in jail on top of the time he had already spent in pre-trial detention.

And nobody else in Nissan knew this was going on?

No one in Nissan tipped Ghosn off, not even any of the gaijin in top management. It is known that the whistle blower was a gaijin. That should tell you that he did not have friends even among the gaijin.

The government of this aging society is a hospice of filthy elders still using the age old medieval system to highly complex society of the 21stcentury

The contemporary Japanese legal system was heavily influenced by 19th century German and France models. The medieval system was totally abandoned. The United States had complete control of Japan between 1945 and 1952. It wrote the Japanese constitution but left the legal system largely as it was. In other words, it was acceptable to the US.  

You're seriously advocating lying to the authorities and admitting to a crime you didn't commit just to make your life easier. Where's your dignity?

This is very common in the US. It’s called plea bargaining. You admit to a lesser crime in order to avoid a trial on a more serious charge with a heavier penalty. Some sources 95% of all criminal cases in the US are handled this way.

For a fine article by a lawyer who knows the system and is critical of it, see

https://www.japantimes.co.jp/news/2019/04/17/national/crime-legal/examining-carlos-ghosn-japans-system-hostage-justice/

-12 ( +1 / -13 )

Seriously, its time for the UN, or Amnesty International to get involved.

12 ( +15 / -3 )

Just another accusation to fish for evidence. Really beyond a joke now

11 ( +14 / -3 )

This would have been defined as cruel and unusual punishment anywhere else but money talks

7 ( +10 / -3 )

Hostage justice will prevail. He will be re-arrested on bogus charges as many times as the prosecutors like, they - like justice in this country - are beyond reach. The world is watching, and they couldn't care less.

6 ( +8 / -2 )

Maybe this case will bring the problems with Japan's one-sided justice system out in the open. But, if Ghosn is found guilty of financial crimes, it might will have the opposite effect. And let's not forget, even in the West, where the accused has more rights, plea bargaining often forces poor defendants into admitting to something in order to reduce their jail time. True Justice is still an ideal.

4 ( +5 / -1 )

I wonder what this is doing for Nissans sales, do people see through this charade? who many people have seen this before with the Japanese court system, just keep on pilling more and more trivial, distorted, cooked up charges, I can't wait until mr Ghosan has his day in court, IF he pulls it off and all of the charges are dropped/acquitted, there is going to be some people with a lot of egg on their faces, and are the public going to want to know why has all of the tax payer money been spent on so called trumped up charges? It feels like that there is a team of people who must sit around a table just thinking "what can we accuse him of now?"

1 ( +3 / -2 )

I never understood these people, who get hit with this kind of thing, always replying "but I love Japan, I love the Japanese people" They dont love you, so why you believe that.

The best advice I would give to these people is, don't fall in love with something that you cannot have, or someone who does not recipicate you.

7 ( +8 / -1 )

I thought Japan, was a first world country, but based on their judicial system I wouldn't visit the country any more.

There is too much risk even if you're completely innocent, there is no way to prove it, because they keep you locked up.

Also used to be a Nissan fan, but there is no way I would buy another one after what has happened.

4 ( +4 / -0 )

" IF he pulls it off and all of the charges are dropped/acquitted, there is going to be some people with a lot of egg on their faces, and are the public going to want to know why has all of the tax payer money been spent on so called trumped up charges? It feels like that there is a team of people who must sit around a table just thinking "what can we accuse him of now?""

after he got a new lawyer, things just got worse. Where is the big drop he left us all waiting for?

They are just going to wear him down, until he is a broken man. I say forget about being a martyr for people who could care less about you, negotiate through his "superman" lawyer, until he gets a deal (i.e. pay a huge sum of money) probation then deportation. Leave Japan, I mean why stay here anyway?

Then re set/ recover, write a book and bring it full circle, from outside of Japan.

4 ( +4 / -0 )

It seems pre-trial, most posters think he is a saint. He and his family are being pursued for a reason. It’s not a game. Next you will say investigation of gang rape by us soldiers is wrong because they are foreign, protect japan and may suffer from PTS.

-9 ( +2 / -11 )

The prosecution must really be scared. They have to wait and then find a next case. They're weak. They've blinked too often. This is xenophobia. This is a vendetta. The Japan, Inc. wound is very deep. They've lost face. Ghosn is the martyr paying for showing how to do things properly.

4 ( +7 / -3 )

They are just going to wear him down, until he is a broken man. I say forget about being a martyr for people who could care less about you, negotiate through his "superman" lawyer, until he gets a deal (i.e. pay a huge sum of money) probation then deportation. Leave Japan, I mean why stay here anyway?

Why should he pay a huge sum of money. If found guilty, and the judge decides t fine, it should be an amount equivalent to what the Japanese would pay for that offence.

Why should he be deported if he is innocent?

As for being a martyr, he already is one now in the eyes of many.

Japan is a scam.

Prosecutors are blackmailers.

Judges are just useless scared rabbits.

5 ( +7 / -2 )

There was a petition by Japanese lawyers and professionals. For me, that is enough, at least knowing that they want their system to change, too.

2 ( +4 / -2 )

A person who has not been convicted of any crime should not be locked up indefinitely. It is the Japanese lawyers, judges and injustice system that are the real criminals.

6 ( +8 / -2 )

The adopted  practices of the Japan last judicial system, at leat since last november.

We realize now at what high extent the conduct of the future Olympic Games in Japan constitues a nuisance for the whole humanity.

1 ( +2 / -1 )

Whichever way you look at it Mr Ghosn seems to be in a lot of trouble. The Court Of Public Opinion is continually railing against the alleged idiosyncratic nature of the Japanese Justice/Legal system but that is the system under which he will be tried. Thats the fact of the matter and nobody can do anything to change it.

0 ( +2 / -2 )

@seadog538,

excellent realist point. I know what they are going to do. And eventually he will submit

pick your battles wisely. A man with his money and lawyer access should cut a deal then leave; attack from the outside.

0 ( +0 / -0 )

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