crime

Japan formally asks U.S. to extradite men accused of helping Ghosn flee

67 Comments
By Nate Raymond

Japan has formally asked the United States to extradite a former Green Beret and his son accused of helping former Nissan Motor Co boss Carlos Ghosn flee the country while he was awaiting trial on financial charges.

Japan submitted a request to the U.S. State Department to extradite Michael Taylor and his son, Peter Taylor, after they were provisionally arrested in Massachusetts in May, the U.S. Justice Department said in a court filing on Thursday.

Lawyers for the Taylors did not immediately respond to requests for comment. Their lawyers have argued that they have not been charged in Japan with an offense for which extradition is possible under the U.S-Japan treaty.

The Japanese embassy in Washington and U.S. Justice Department did not respond to requests for comment.

The Taylors were arrested in Harvard, Massachusetts, on May 20 at Japan's request after authorities there in January accused them of helping smuggle Ghosn, Nissan's former chairman, out of the country on Dec 29, 2019, in a large crate.

Ghosn fled to Lebanon, his childhood home, after being charged with engaging in financial wrongdoing, including by understating his compensation in Nissan's financial statements. He denies wrongdoing.

Lebanon has no extradition treaty with Japan.

Both men have been held without bail since their arrest. Prosecutors have argued that neither Taylor, including Michael, a U.S. Army Special Forces veteran and private security specialist, should be released from jail as they are flight risks.

© Thomson Reuters 2020.

©2020 GPlusMedia Inc.

67 Comments
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I'm looking forward to knowing what's that offense that took Japan over 2 months time to reach.

9 ( +24 / -15 )

this is unprecedentedly funny.

Japan fights so hard to kick people out of its shores every single day, first time I see them so desperate to magnet a foreigner in

19 ( +37 / -18 )

Please give them to us pretty please. We were so embarrassed by the Escape that we will do anything to redeem our honor. It's not really even a matter of Justice, we just want Payback

17 ( +34 / -17 )

LOL! Ghosn is free, Nissan stocks are plummeting, and the world condemns Japan's hostage justice!

Unless Saikawa is also charged, this will continue to be seen as a farce, globally. J-Gov wants to show off someone to the J-media and public because their pride is hurt! Nissan stockholders are also beginning to turn on them about their double cross of Ghosn!

How embarrassing for Japan!

23 ( +40 / -17 )

"I'm looking forward to knowing what's that offense"

"accused of helping former Nissan Motor Co boss Carlos Ghosn flee the country while he was awaiting trial on financial charges."

It's on the very first sentence.

1 ( +26 / -25 )

"Formally" they Brock no law in Japan, Japan's system of justice is barbaric these two men saved a human. I hope this case goes nowhere.

6 ( +25 / -19 )

Helping someone escape from a judicial process is a crime, for those asking what Japan is asking for. Simple as that.

-5 ( +22 / -27 )

"Formally" they Brock no law in Japan,"

Why?

You're just parroting the American Defenders.

They're simply doing what any Defence would do; deny, allege non existence of a norm, say that even if the norm exists your client did not breach it.

Text- book Defender's strategy, unknown only by non-legal minds.

Japan's Prosecutors take a different view; apparently the Americans are on the same page, as they're refusing bail. So far, that is.

-3 ( +18 / -21 )

Ghosn failed as a CEO. He failed as a leader of a company, Nissan famous for its high quality cars, deminish and deteriorated under his leadership, the list of laws this guy broke its the reason why he ran away hiding inside a box.

-21 ( +19 / -40 )

Very good point @ Peeping_Tom . And same to you, @Hokkaidoboy . Just because Japan’s criminal justice system, clearly has its flaws, does not justify the smuggling of an accused person out of the country. Because as the saying goes, “two wrongs don’t make a right.”

-11 ( +17 / -28 )

Just won’t/can’t/refuse to let it go. Fighting a lost battle in the name of face. Just sad, as the pigheadedness makes the whole country look bad.

The ghost of Ghosn still haunts.

13 ( +25 / -12 )

Ghosn failed as a CEO. He failed as a leader of a company, Nissan famous for its high quality cars, deminish and deteriorated under his leadership, the list of laws this guy broke its the reason why he ran away hiding inside a box.

LOL! Anyone with eyes know that isn't true. Their own stockholders in the most recent stockholder meeting were trying to replace Uchida for Gupta, and they questioned the backstabbing of Ghosn!

18 ( +30 / -12 )

And anyone here thinks the U.S will extradite a former green beret who's not only a veteran but knows secrets about the U.S gvt underworld?

7 ( +20 / -13 )

Helping someone escape from a judicial process is a crime, for those asking what Japan is asking for. Simple as that.

Wow! Skipping bail in Japan is not an arrestable crime!

3 ( +15 / -12 )

Aiding the escape for anyone under house arrest is a crime in both countries. Ship those guys to Japan after all the hearings happen. Seems they should have had better alibis, like being in Chile or visiting Congress during the escape time.

-11 ( +12 / -23 )

I wonder if they just play ball with the J prosecutors and apologize they will be let off the hook like Japanese usually are.

Nope. Even if they do, they will be given the maximum penalty, all for the sake of showing that Ghosn is a selfish coward that doesn't care about other people's lives.

-6 ( +13 / -19 )

seems to me the J justice system should be on trial not these 2 men

8 ( +21 / -13 )

Ghosn isn't a 'selfish coward'.

Lets look at this from a non Japanese point of view.

The charges against him we all know were trumped up by Nissan execs to oust him from his position of power(charges of fraud are baseless)

The treatment of him in custody was nothing less than borderline torture (withholding his medication, sleep deprivation etc).

He was never ever going to have been given a fair and honest trial in Japan that is for sure!

He escaped justice some people say.

You could also say he escaped INJUSTICE in Japan due to its corrupt and unfair judicial system.

The Japanese gov is highly embarrassed by the whole affair and should be ashamed of its treatment of Ghosn and his wife.

I have no sympathy for the Japanese prosecution team or Nissan!

17 ( +29 / -12 )

Ghosn failed as a CEO. He failed as a leader of a company, Nissan famous for its high quality cars, deminish and deteriorated under his leadership, the list of laws this guy broke its the reason why he ran away hiding inside a box.

Your first sentence is laughable - he saved Nissan from collapse. He succeeded brilliantly as CEO. I will accept that the reliability of Nissan cars deteriorated compared to Japanese peers - probably as a result of joining forces with Renault. French cars are not the most reliable.

9 ( +23 / -14 )

I wonder if they just play ball with the J prosecutors and apologize they will be let off the hook like Japanese usually are.

No idea what the maximum penalty is for their charges in Japan, but they should plead guilty and get through it as soon as possible. They would have been paid handsomely and this is the risk they get paid for.

3 ( +10 / -7 )

It would be useful if the formal charges filed by Japan's prosecutors are named. I'm no legal expert, but perhaps certain criminal charges apply to extradition, others not?

Another point is that Japanese prosecutors are in the habit of first charging serious criminals with petty offenses like trespassing (like in a public parking lot) in order to jail them for extended periods so that relentless interrogation can take place.

2 ( +12 / -10 )

Ghosn is free. Be happy! I for one am looking forward to the movie. And the book. And I hope to meet Ghosn one day and say: Wow! You were in a Japanese jail for months and you escaped in front of the entire world. How did you do that? Most men would just take it from Japan and cry, but you! I want to shake your hand Sir!

What would you ask Ghosn if you met him?

5 ( +16 / -11 )

I wish the government was more worried about the economy when they decided to involve into otherwise profitable multinational business. BTW it all started with under-reported future income of about 10 mil US. ( read not a lot )

1 ( +3 / -2 )

More hostage justice? Let it go already. This is the side of Japan that I dont like.

1 ( +13 / -12 )

What would you ask Gosn? I would ask nothing, just "Dude that was awesome"

-4 ( +8 / -12 )

Ghosn failed as a CEO. He failed as a leader of a company, Nissan famous for its high quality cars, deminish and deteriorated under his leadership

LOL, that is just too funny....your famous Nissan with its "high quality cars " was about to go bankrupt before Ghosn came and rescued it. Now that he is gone, the current bunch of incompetent J-managers with Uchida in driving chair ( replacing the equally hopeless Saikaiwa ) has no clue and is steering Nissan near banruptcy again. The only person who is doing some good is Gupta ( another foreigner -aah the irony ). Must really hurt the J-oyaji pride huh?

5 ( +17 / -12 )

What would you ask Ghosn if you met him?

Ghosn challenged the legitimacy of an entire country.

How would anybody even try to fight a Nation?!

IMHO Ghosn is bigger than Japan.

0 ( +11 / -11 )

This just shows that, for all the talk of globalism and internationalism these days, at heart humans are still incredibly nationalistic, ethno-centric, tribal even. You can tell many Japanese didn't like Nissan being led by a non-Japanese, you can tell many non-Japanese don't like the Japanese way of doing business or running a so-called "justice system", and at heart, what drives all this mistrust and suspicion? Who are we kidding, humans are inherently in-group oriented creatures.

9 ( +13 / -4 )

Ego sum* points well made and true, but the goal has to be to rise above groupthink and tribalism, as inherent as those very real instincts may be within all of us. The Rule of Law, accepted standards, transparency and the ultimate mission of creating a simple meritocracy should be the one goal that can unite all the tribes. A lofty goal indeed, but impossible? Fair go for all, work hard, head down, reap the results of your labor no matter where you sprung from.

-1 ( +3 / -4 )

Since neither man is a Japanese citizen, nor a PR or family member with special "humanitarian considerations", then they should be denied entry into Japan due to the immigration regulations for the coronavirus.

I'd love to see the article "Extradition Denied by Stickler at Immigration".

-3 ( +4 / -7 )

bokudaToday  09:40 am JST

What would you ask Ghosn if you met him?

Ghosn challenged the legitimacy of an entire country.

No he didn't. He could have since he had an opportunity to argue his innocence with the entire world's media watching. But all he did was make claims which he used as an excuse to jump bail and become a fugitive. He chose not to challenge it.

1 ( +11 / -10 )

KenToday  07:50 am JST

And anyone here thinks the U.S will extradite a former green beret who's not only a veteran but knows secrets about the U.S gvt underworld?

Disclosing such knowledge can result in 20 + years in a Federal prison. Much easier to spend 2-3 years in a jail in Japan (if that). Yes they will be extradited because if the situation were reversed, the US would expect Japan to extradite Japanese nationals who helped someone jump bail and escape from the U.S.

3 ( +11 / -8 )

@Michael Machida - If I met Ghosn I'd say - Carlito, you have great leverage to get an endorsement deal with Anvil Flight Cases to start making the Ghosn Signature Model. If you appoint me as your rep I'll negotiate that you get a commission for every case sold.

-6 ( +3 / -9 )

why would u.s. do that? to let you put the two in jail without a fair trial. lol

-6 ( +4 / -10 )

Their lawyers have argued that they have not been charged in Japan with an offense for which extradition is possible under the U.S-Japan treaty.

Now let's just sit back and wait for the blatant making up of an offense Japan will come up with in an attempt to "save face". As far as I know it, those 2 men broke no laws in Japan as there are no known/written punishments for "skipping bail" here. The dude is long Ghosn (gone)! Just move on, man!

-9 ( +3 / -12 )

Its like it is 6-0 with 1 minute to go in the game and you are still fighting to win. Just pack it up, keep what little pride you have left and live to fight the next fight Japan.... You lost.... Its over...

-7 ( +5 / -12 )

So that they can face the same kind of kangaroo court that Ghosn faced? Name, rank and number guys. Don't say a word if you're brought back. The DoJ will invent whatever evidence it needs, anyway.

-6 ( +3 / -9 )

Those of you hoping to see Ghosn's movie will just have to be satisfied that you had front row seats to see the real thing.

Do you really think Japan's judicial system will allow their disgrace to be aired for all Japanese to see?

I'd bet money that the government is way ahead of on this topic. That movie will never see the light of day. let alone a dark room theater where people will be able to form their own opinions of Nissan and the Ministry of Justice.

You are not allowed to think for yourself! Where on Earth did you get such a silly idea?

-4 ( +5 / -9 )

"I'm looking forward to knowing what's that offense that took Japan over 2 months time to reach."

I'm betting "Obstruction of Business"...

-6 ( +2 / -8 )

Now let's just sit back and wait for the blatant making up of an offense Japan will come up with in an attempt to "save face". As far as I know it, those 2 men broke no laws in Japan as there are no known/written punishments for "skipping bail" here. The dude is long Ghosn (gone)! Just move on, man!

Spot on mate! Your comment sums up the reality!

Its just pathetic that now Japanese prosecutors want to charge foreigners with crimes that doesn’t exists in their own law! Bottom line is that they didn’t break any written law in Japan! Anyone claiming otherwise is simply brainless!

-5 ( +3 / -8 )

The Taylors have been formally charged in Japan under Article 103 of the Penal Code. We already know this from the court documents.

Article 103 - A person who harbors or enables the escape of another person who has either committed a crime punishable with a fine or greater punishment or has escaped from confinement shall be punished by imprisonment with work for not more than 2 years or a fine of not more than 200,000 yen.

https://www.scribd.com/document/462324152/Michael-Taylor-Extradition-Complaint

6 ( +9 / -3 )

What does Japan want with these two? Do they just want to lock them up indefinitely like Ghosn?

Ghosn is gone, Japan is peeved. They just want to take the scraps off the table to save face. Let it go Japan! You are only making yourself look even more foolish.

-5 ( +4 / -9 )

When will Kelly's trial start ?

0 ( +3 / -3 )

When will Kelly's trial start ?

Will start by Summer.

It's gonna take almost 2 years to finish.

Unless Kelly confesses guilt, then it would finish in just 1 day.

-2 ( +3 / -5 )

I'm looking forward to knowing what's that offense

Hard to guess ?

If foreign thugs had done half of what the pair did (using forged IDs and documents, broken airport and immigration rules, breaking civil aviation rules in several countries) from the US, the American special services would have gone and get them without any media nor diplomatic announcement. And in case any elected or not official got aware and asked, the CIA would say "Terro risk... we don't want a new 9/11, do we ? -Oh no, please keep them long time out of the market.".

In addition : as M3M3M3 said.

9 ( +9 / -0 )

expatToday  12:59 pm JST

So that they can face the same kind of kangaroo court that Ghosn faced?

Ghosn never faced any Court, Kangaroo or otherwise. He ran away before he had to. And uneducated folks think he somehow proved his innocence. He hasn't even been tried. The only thing that Ghosn has proven is Japan's lax security and gullibilty in granting him bail. This will come back now to haunt every foreigner unfortunate enough to be charged while in Japan.

5 ( +9 / -4 )

"This will come back now to haunt every foreigner unfortunate enough to be charged while in Japan."

Correctisimo.

We'll then see how much praise they'll still have for Ghosn and his "helpers".

No Judicial system, (Nauru included) will put up with Bail evasion.

None whatsoever.

7 ( +8 / -1 )

Ghosn failed as a CEO. He failed as a leader of a company, Nissan famous for its high quality cars, diminish and deteriorated under his leadership, the list of laws this guy broke its the reason why he ran away hiding inside a box.

Simply put Mr. Ghosn was very successful at Nissan for over 20 years. He was profiled period. He was the savior and responsible for turning around Nissan when the car firm was on the verge of bankruptcy. He was smart and savvy and left for a wise reason.

-1 ( +3 / -4 )

The US should give Japan a reverse list of people that they want Japan to extradite to the US

0 ( +4 / -4 )

Peeping_TomToday  07:25 am JST

"I'm looking forward to knowing what's that offense"

"accused of helping former Nissan Motor Co boss Carlos Ghosn flee the country while he was awaiting trial on financial charges."

It's on the very first sentence.

Under current law, "crime of escape" only applies to jail or detention facility escapees, not those who flee while out on bail.

0 ( +1 / -1 )

If foreign thugs had done half of what the pair did (using forged IDs and documents, broken airport and immigration rules, breaking civil aviation rules in several countries) from the US, the American special services would have gone and get them without any media nor diplomatic announcement. And in case any elected or not official got aware and asked, the CIA would say "Terro risk... we don't want a new 9/11, do we ? -Oh no, please keep them long time out of the market.".

Sounds just what the US black ops do everyday around the world...

0 ( +2 / -2 )

Do the hustleToday  03:21 pm JST

What does Japan want with these two? Do they just want to lock them up indefinitely like Ghosn?

Ghosn is gone, Japan is peeved. They just want to take the scraps off the table to save face. Let it go Japan! You are only making yourself look even more foolish.

Exactly, it's pathetic!!!

-3 ( +2 / -5 )

I cant wait to read Mr Ghosn book titeld Guilty By Suspicion in Japan!? remember that great movie!??

-4 ( +1 / -5 )

"Under current law, "crime of escape" only applies to jail or detention facility escapees, not those who flee while out on bail."

Well, I never mentioned "crime of escape".

And I have read the English translation of the Japanese Penal Law; the charges are there.

Gonna let you find it out.

Go and read it yourself.

2 ( +6 / -4 )

What would you ask Ghosn if you met him?

What makes you so special and above the law?

2 ( +7 / -5 )

Japan Law (English translantion)

A)

Article 96 (1) The court may, upon the request of a public prosecutor or ex officio, make a ruling to rescind the bail or suspension of the execution of detention when:

(i) the accused has been summoned but does not appear without a justifiable reason;

(ii) the accused has fled or there is probable cause to suspect that the accused may flee;

1 Key-word; rescission of bail.

Reversion to "status quo ante", i.e. no bail has ever been granted.

B)

"Article 98 (1) If a ruling to rescind bail or the suspension of execution of detention has been made, or if the term of suspension of detention has expired, a public prosecutor's assistant officer, judicial police official or an official of the penal institution must, under the direction of a public prosecutor, commit the accused in an penal institution after showing said accused a transcript of the detention warrant and a transcript"

2) Key-words; showing accused transcript.. bla, bla, bla...

3) Given that the accused has fled, application of Subsections):

Art.98.1(2) &,

Art.98.1(3)

4) "When said officer or official is unable to show the documents... said person may, notwithstanding the preceding paragraph and under the direction of a public prosecutor, commit the accused in penal institution immediately..."

These subsections apply "mutatis mutandis".

3 ( +6 / -3 )

ossan again? what is the point of this partisanship? partisanship to a cause which by its own definition excludes you from championingits cause. the Japanese legal system and the people who enforce it are completely anti those who aren't Japanese. i know #it is what it is★ but its wrong and you look strange for support of a system which doesn't support you!

-4 ( +3 / -7 )

Japan Law (English translantion)

I prefer the original when we are talking about things as exacting as this. Translations can be misleading.

Oh, I forgot. You have never lived nor worked in Japan and have no knowledge of the language.

Thanks for your contribution.

-6 ( +0 / -6 )

I suppose this is the best Japan can do since they can't get Ghosn, being there's no extradition treaty with Lebanon.

-4 ( +1 / -5 )

@dan,

I'm cool.

Just waiting for midnight (easement of Covid restrictions) to hit Camden Town.

Then party like 1969 (even though I wasn't even born then).

Have a nice one.

5 ( +5 / -0 )

Given how Japanese justice works, I'm surprised there's an actual written law

-5 ( +2 / -7 )

Japan has well documented history of not honoring USA or other nations court rulings, I don't see why they should recognize Japan's.

-4 ( +3 / -7 )

saitamaboyJuly 3  11:40 pm JST

ossan again? what is the point of this partisanship? partisanship to a cause which by its own definition excludes you from championingits cause. the Japanese legal system and the people who enforce it are completely anti those who aren't Japanese. i know #it is what it is★ but its wrong and you look strange for support of a system which doesn't support you!

When a foreigner breaks Japanese law when in Japan, it reflects on every foreigner in Japan. Such behavior creates a stereotype of an untrustworthy gaijin who has no honor or respect for law. Jumping bail is breaking the law everywhere on this planet. It is the last desperate act of a defendant who feels they have no chance of proving their innocence.

Your belief that Japanese law "doesn't support you" is rascist bias. Law supports the merits of the presented arguments, not race or nationality. Your bias simply incites bias in response. You are the equivalent of the extreme BLM protesters entrenched in the belief that US law "does not support black people", despite many black people being part of the judicicial systems.

Changing or removing flaws from any judicial system can only be done from within the system. Ghosn had the biggest opportunity to expose such flaws before the entire world, but he chose to serve his only his own interests. And the non-thinking cheer still him on.

3 ( +7 / -4 )

Japanese law. I guess if we could go back a few thousand years, we could appreciate Japanese law. However, in 2020 its just a silly joke to the world.

-4 ( +2 / -6 )

I love the way the narrative is shortened, simplified and cut down to the low resolution “he ran, he bad” story for quick and convenient judgement. I hope those of you holding this simpletons scorn never personally find themselves with the ability to shake the foundations of an inwards facing power structure , one that has little moral compass when it comes to outsiders and feel they can do whatever they like to shut you down. Backstabbing betrayal of the snake kind, in collusion with a hostage justice system that must get its way no matter what. The results for Nissan speak for themselves where these types will lead you.

The he ran, he bad mindset suggests that this will never be an issue for yaz anyway, but just imagine yourself locked up the way he was and ask if you woulda had the balls to do anything about it? Probably not, hence the scorn on those that take things into their own hands.

Ghosn, have a cocktail for me mate.

-7 ( +1 / -8 )

macvToday  11:24 am JST

Japan has well documented history of not honoring USA or other nations court rulings, I don't see why they should recognize Japan's.

Nonsense. Foreign Court Judgements are enforcable in Japan based on Comity and have been for decades.

https://www.hg.org/legal-articles/enforcement-of-foreign-judgments-in-japan-53034#:~:text=In%20Japan%2C%20a%20foreign%20judgment,(the%20%E2%80%9CCCP%E2%80%9D).&text=The%20enforcing%20court%20is%20not,substance%20of%20a%20foreign%20judgment.

3 ( +3 / -0 )

OssanAmerica to naively think Japan gives a hoot about comity is truly comedy. There is ample reason Japanese in the know refer to their entire legal system as 茶番 chaban, a farce.

0 ( +0 / -0 )

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