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Prosecutors appeal verdict in ex-Nissan executive Kelly's trial

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By YURI KAGEYAMA

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Prosecutors appeal verdict in ex-Nissan executive Kelly's trial

Shameless. It's a good job the ambassador saw Greg Kelly off from HND.

11 ( +22 / -11 )

The prosecutors are really hungry to send someone to jail for this shameful chapter in Japanese business. He's already spent three years in jail waiting for these incompetents to get their case together. They obviously failed to put a 'kangeroo court' case together and he walked. Stop acting like babies! Eat the shame and move on.

13 ( +24 / -11 )

Yokohama-based Nissan Motor Co, which makes the March subcompact, Leaf electric car and Infiniti luxury models, pleaded guilty in the same trial, has been fined and will not be part of the appeal.

This has always bugged me about how courts rule against businesses but never against an individual or individuals here.

They pin-pointed Kelly and Ghosn but never any directors, or anyone for that matter, and just accepted the "company" admission of guilt. There is no way in hell that these two alone could have taken ANY money from the company on their own.

Anyone who works in a Japanese corporation knows that to get any money, there is a paper, or electronic, trail, with numbers "hanko's" that have to get placed before anything is released. Particularly at the amounts called into question throughout this drawn out saga!

The company handles the taxes and reporting for individual's as well, and at these guy's level, they would more than likely have private accounting firms/services handling for them as well.

Just a face saving action on all sides, but screw the foreigners!

18 ( +26 / -8 )

A bit late to mention this but, who makes the decision on Nissan's behalf to plead guilty? It seems that is done to deliberately strengthen the prosecutors hand, which is an OBVIOUS conflict of interest since Nissan is also the main plaintive here.

17 ( +20 / -3 )

Anyone know if he'll have to return to Japan for trial if the prosecutor's appeal is granted? If he does, that will get ugly. I'm surprised the J prosecutors weren't given a tap on the shoulder to let this one go.

12 ( +14 / -2 )

Typical disgusting behavior by Japanese prosecutors trying to save some face.

11 ( +21 / -10 )

Typical disgusting behavior by Japanese prosecutors trying to save some face.

exactly, only they can't save face and the good news is the world, and especially the US and its lawmakers, is actually seeing what a joke the justice system here really is.

Kelly worked for Nissan for three decades and was in semi-retirement in the U.S. when he was summoned to a meeting in Japan in November 2018. He was arrested then at the same time as Ghosn, the former head of the Renault-Nissan-Mitsubishi alliance.

So they LIED to get him to come back to japan in the first place. Why isn't THAT illegal?

6 ( +18 / -12 )

Prosecutors lost. Even if they win the appeal, the US will never extradite him. Japanese always look for a scapegoat to save face even when it’s their own darn fault.

9 ( +17 / -8 )

Now, what does Hagarty have to do with this? He's a senator and former Ambassador, not his lawyer. Last I checked, Hagarty as Ambassador didn't do anything for Kelly.

Prosecutors lost. Even if they win the appeal, the US will never extradite him. Japanese always look for a scapegoat to save face even when it’s their own darn fault.

@Gaijinland - Of course. Remember. The Japanese have to save face by keeping its 99.9% conviction rate. What else?

-1 ( +8 / -9 )

A bit late to mention this but, who makes the decision on Nissan's behalf to plead guilty?

It's not a plead guilty like in Perry Mason.

CEO and board at the time of the case make the decision and represent tha company in courts (even if they have done nothing as those that were in charge before did it). Nothing special.

They had to clear the plate, settle the matter, accept fines with tax authorities and stock exchange autorities, otherwise the company could not continue operations.

It seems that is done to deliberately strengthen the prosecutors hand, which is an OBVIOUS conflict of interest since Nissan is also the main plaintive here.

No, Nissan is not a plaintive in this case (the Greg Kelly one in Japan). There were 3 co-defendants : Ghosn , Kelly,

, but a co-defendant. There are several cases that came after Ghosn's antiques were investigated.

-1 ( +1 / -2 )

If Nissan executives are being prosecuted in the same manner as Mr. Kelly is then NO one will even be commenting or raising an eyebrow.

2 ( +6 / -4 )

Shameless prosecutors trying to save face, disgusting!!!

1 ( +9 / -8 )

Just as in the case of that Nepalese guy who was framed for the murder of a prostitute, getting out of the country asap was the best thing he did. No foreigner should think of taking such a high position in a Japanese company again. Nissan should have been allowed to sink before Ghosn came on the scene.

5 ( +12 / -7 )

Screw the Prosecutors. Kelly was tried and judgement issued. Game over. Even if they suceed in an Appeal resulting in a greater sentence, don't see Kelly returing to Japan, and don't see the State Dept agreeing to an extradition. As they did withthe Taylors.

9 ( +14 / -5 )

Meanwhile the Japanese execs who were in on it? Still working there, for the most part. One quit, and probably received a MASSIVE severance package.

5 ( +17 / -12 )

Kelly home at last. What a horrendous ordeal he has been through, and what an absolute joke the J judiciary and prosecutors have proved themselves to be. The amount of damage they have done to Japans reputation, the shear absurdity of the process and their flimsy justifications to continue course. Shame for breakfast, lunch and tea fellas. You done played yourselves.

Just waiting for the movie now.

5 ( +9 / -4 )

Either a brown envelope from Ghosn or he spilled the beans. Which I don’t know. But crimes were committed.

-10 ( +2 / -12 )

@Aly Rustom

Kelly worked for Nissan for three decades and was in semi-retirement in the U.S. when he was summoned to a meeting in Japan in November 2018. He was arrested then at the same time as Ghosn, the former head of the Renault-Nissan-Mitsubishi alliance.

So they LIED to get him to come back to japan in the first place. Why isn't THAT illegal?

In case of sting operations and infiltrations lying is part of the game, so not too sure as far as "illegality" is concerned in Kelly's case. A much more appropriate way of dealing with the issue would have been to ask Kelly's extradition to Japan, BUT...

...In order to have the other country comply with Japan's request, Japan prosecutors would have to provide enough of a case (read: evidence) against the defendant which of course, as we all know, is NOT how things work in Japan (i.e. "hostage justice").

This whole charade made the Japan justice system is standing on the world stage with its pants down on its ankles. Well, they asked for it, so...

If the prosecutors want to take it out on somebody, why not Saikawa. He's still in Japan, isn't he?

0 ( +9 / -9 )

The Tokyo Prosecution office should be relocated to Moscow. It’s an utter embarrassment for Japan.

Hope to see the High Court get this completely right with the appeal.

6 ( +13 / -7 )

In case of sting operations and infiltrations lying is part of the game, so not too sure as far as "illegality" is concerned in Kelly's case. 

true, but it wasn't a sting operation. The company asked Kelly back and the gov detained him.

A much more appropriate way of dealing with the issue would have been to ask Kelly's extradition to Japan, BUT...

...In order to have the other country comply with Japan's request, Japan prosecutors would have to provide enough of a case (read: evidence) against the defendant which of course, as we all know, is NOT how things work in Japan (i.e. "hostage justice").

This whole charade made the Japan justice system is standing on the world stage with its pants down on its ankles. Well, they asked for it, so...

If the prosecutors want to take it out on somebody, why not Saikawa. He's still in Japan, isn't he?

Absolutely! Well said blue!

-7 ( +3 / -10 )

Is anyone surprised?

The Japanese prosecutors and police are as corrupt as any Yakuza gang. Anyone remember The Nepalese man spent 15 years in prison for murder only to find out that the police had hidden evidence along with the prosecution.

They were released them for a new trial he left the country smart enough but the prosecution still wanted to pursue charges despite the fact that they had already contaminated all their evidence.

Only thing that stopped it was politics and the bad press.

This time it's not a poor man it's a very rich man so the bad press won't be as big a deal but they really hate losing even when they've done something illegal themselves.

4 ( +12 / -8 )

The Japanese prosecutors and police are as corrupt as any Yakuza gang. Anyone remember The Nepalese man spent 15 years in prison for murder only to find out that the police had hidden evidence along with the prosecution.

They were released them for a new trial he left the country smart enough but the prosecution still wanted to pursue charges despite the fact that they had already contaminated all their evidence.

Only thing that stopped it was politics and the bad press.

This time it's not a poor man it's a very rich man so the bad press won't be as big a deal but they really hate losing even when they've done something illegal themselves.

agree 200%

-7 ( +2 / -9 )

How can a country say it has a fair and equal justice system when the police and prosecutors are not obligated to give the defense team all the evidence they collected?

So in a murder trial they only show the DNA pointing to the one they accuse, but withhold DNA evidence that may exonerate him, and this is legal because the prosecutors deemed that evidence not important!

So the defense doesn't know that there's other DNA evidence they could use or check to see if their client is innocent or to prove their client is innocent.

The same here if there's evidence that could prove Kelly innocent within the files or evidence collected by the prosecution they don't have to tell his lawyers his lawyers can request all the evidence be turned over and even then the prosecutors can refuse and will they have enough time enough manpower enough money to go through all that evidence as private citizens.

0 ( +9 / -9 )

Glad he's out of the country. He's paid a price, while another enjoys a life of leisure

3 ( +5 / -2 )

Japanese people are good people, but those prosecutors should be sued for stupidity. They are very biased to the point 1 can say they are racist. No wonder China treats some Japanese expatriates very harshly.

3 ( +9 / -6 )

Hagerty had the escalator stopped for that photo op.

Otsukare sama, Kelly-san!

2 ( +5 / -3 )

The entire thing has been a sham from the start, a boardroom coup, and nothing more.

6 ( +10 / -4 )

What a primitive legal system.

-2 ( +8 / -10 )

If J-prosecutors wanted to bring that conviction rate back to 99.9% from the 99.8% after Kelly, there are a hundred corrupt voters in Hiroshima they could bring to court. Just saying.

1 ( +5 / -4 )

Having observed this whole charade which has gone on for long enough (while the rest of the planet has got more important things to be getting on with) it would seem that the only thing that is unique about Japan, is Japan's stupidity.

-3 ( +5 / -8 )

Prosecutors lost. Even if they win the appeal, the US will never extradite him.

People said the same thing about the Taylors. Where are they now?

-2 ( +4 / -6 )

The prosecutors have been led down the yellow brick road by Harry Nada and Toshaki Onuma - they have egg on their faces and still want to chase Kelly? Unbelievable. If they really want to prosecute they should look at Nissan executives and directors. They could do with some small cell treatment. Corrupt.

3 ( +4 / -1 )

@Garthgoyle - the conviction rate didn't go down; they did find Kelly guilty on one of the counts. Now they're just being spiteful in trying to find him guilty on more of them.

2 ( +2 / -0 )

Japanese people are good people, but those prosecutors should be sued for stupidity. They are very biased to the point 1 can say they are racist. No wonder China treats some Japanese expatriates very harshly.

The very fact that there are different prosecutors for Japanese and non-Japanese makes it an institutionalised racist system.

-5 ( +4 / -9 )

"he was summoned to a meeting in Japan in November 2018. He was arrested"

.......

.......

They lured him back into j-land and put him in their trick bag.  Then hey turned around and tried to over turn his sentence with corruption appeal. And they think their tactics will survive on the world stage.

2 ( +2 / -0 )

Alan HarrisonToday  05:16 pm JST

Japanese people are good people, but those prosecutors should be sued for stupidity. They are very biased to the point 1 can say they are racist. No wonder China treats some Japanese expatriates very harshly.

The very fact that there are different prosecutors for Japanese and non-Japanese makes it an institutionalised racist system.

Are you serious? institutionalised racist system. It could be just the issue of language. Besides where did you get that info?

-4 ( +0 / -4 )

A bit late to mention this but, who makes the decision on Nissan's behalf to plead guilty? 

The board of directors played a few rounds of "paper-scissors-rock" to determine whether or not to plead guilty.

At the same time the "loser" would have to fall on his sword and take one for the company if needed, all along knowing that the company would lavishly compensate him and his family through 3rd party sources.

-1 ( +2 / -3 )

Wasn't Ghosn the one who as an individual realized V recovery for Nissan? How come he accepted sudden 50 % pay-cut? Wasn't Ghosn always complaining about his remuneration in comparison to other CEOs in the same industry? How come Kelly had to arrange his remuneration after his retirement? How come both Ghosn and Kelly didn't even argue against the verdict in the US if they must insist on their innocence, especially to protect their prides?

-1 ( +3 / -4 )

Are you serious? institutionalized racist system. It could be just the issue of language.

No prosecutor, for foreign or nationals speaks English.

It is not language, it is racism.

-5 ( +3 / -8 )

Are you serious? institutionalised racist system. It could be just the issue of language. Besides where did you get that info?

From a Japanese prosecutor.

-2 ( +4 / -6 )

From a Japanese prosecutor.

Did he/she mention it is institutionalized racism or just that there are different prosecutors being on duty depending on the accused being Japanese or foreigners?

No prosecutor, for foreign or nationals speaks English.

For nationals, they don't have to speak English. Do you mean none speaks English, or all speak English for

Foreigners? They don't have to speak English even if all of them can do so but they had better understand English rather than through translator.

What I meant, was If he, most of the case, speak French with French translator's assist, the prosecutors could be chosen among those who could understand French, and so on.

-3 ( +0 / -3 )

The board of directors played a few rounds of "paper-scissors-rock" to determine whether or not to plead guilty.

At the same time the "loser" would have to fall on his sword and take one for the company if needed, all along knowing that the company would lavishly compensate him and his family through 3rd party sources.

paper-scissors-rock? LOL.

What kind of Japanese company have you ever worked for? Otherwise, shut your vent

-3 ( +0 / -3 )

Wasn't Ghosn the one who as an individual realized V recovery for Nissan? How come he accepted sudden 50 % pay-cut? Wasn't Ghosn always complaining about his remuneration in comparison to other CEOs in the same industry? How come Kelly had to arrange his remuneration after his retirement? How come both Ghosn and Kelly didn't even argue against the verdict in the US if they must insist on their innocence, especially to protect their prides?

I see . No one could answer and you just don't care about these parts

-2 ( +0 / -2 )

From a Japanese prosecutor.

Did he/she mention it is institutionalized racism or just that there are different prosecutors being on duty depending on the accused being Japanese or foreigners?

Either way, I am sure you could have asked him/her why. Please do not be modest. What did he/she say?

-2 ( +0 / -2 )

How come he accepted sudden 50 % pay-cut?

He did, isn't it nice?! What is wrong with that?!

*How come Kelly had to arrange his remuneration *after his retirement?

Kelly didn't do it, Nissan did. Not only for Ghosn, but also for other than 5 directives.

How come both Ghosn and Kelly didn't even argue against the verdict in the US if they must insist on their innocence, especially to protect their prides?

Once again, Ghosn and Kelly didn't do it, Nissan did. Nissan was penalised the worst in that incident.

institutionalized racist system. It could be just the issue of language.

It is true that there's a special team of prosecutors for foreigners, and is thats difficult to explain.

Double standarts? Racism? Inequality?... How do you explain that?

-5 ( +2 / -7 )

He did, isn't it nice?! What is wrong with that?!

Wasn't Nissan on an dramatic updraft because of him? And he just did it? and was complaining about his salary at the same time? How convenient . I rather wonder how come Nissan did not report CEO's salary got cut by half for no reasons during upbeating company's performance then. There's always footnote to be filled with noticeable events in Sec report.

Kelly didn't do it, Nissan did. Not only for Ghosn, but also for other than 5 directives.

Kelly was leading the task

Once again, Ghosn and Kelly didn't do it, Nissan did. Nissan was penalised the worst in that incident.

Then how come Ghosn and Kelly ended up paying fine personally to settle the case without arguing anything

> It is true that there's a special team of prosecutors for foreigners, and is thats difficult to explain.

Double standarts? Racism? Inequality?... How do you explain that?

If not just language, perhaps special connection/experience may be needed to handle cross-border crimes.

My common sense says so and I rather see there is nothing wrong at all to organize the office in such way

-2 ( +1 / -3 )

Not just prosecutors. The defense also appealed already.

What is the fuss?

-4 ( +0 / -4 )

If not just language, perhaps special connection/experience may be needed to handle cross-border crimes.

Well, there is Japan's "International Police Department". However, this not Interpol. This sorry episode would not have happened if the police had of approached Interpol, rather than "lure" Kelly and Ghosn to Japan on the pretence of a meeting. That was a Pearl Harbour tactic by prosecutors. Incidentally it is worth noting that Translators are working for the police ) although claim to be impartial.

-2 ( +3 / -5 )

Criminals, helping criminals who helped other criminals..

-2 ( +0 / -2 )

Why are non of nissan Japanese staffs from kansayakku and accounts arrested???.

3 ( +4 / -1 )

Why are non of nissan Japanese staffs from kansayakku and accounts arrested???.

A question that we all know the answer to - because they are Japanese, Ghosn and Kelly are not.

-1 ( +4 / -5 )

Both sides are appealing.

This case is going on for too long in Japan, but he is not so innocent, at least not in USA.

However in USA you get away easily from such investigations as long as you are white, rich and willing to pay your way out using your own wallet.

Kelly agreed to SEC penalties in USA, but he is appealing his sentence regarding the same matter in Japan, of course the Japanese prosecutor is appealing in return and the case continues.

SEC Press release no. 2019-183 Washington D.C., Sept. 23, 2019 

SEC Charged Nissan, Former CEO, and Former Director with Fraudulently Concealing from Investors More than $140 Million of Compensation and Retirement Benefits.

The Securities and Exchange Commission today filed settled fraud charges against Nissan, its former CEO Carlos Ghosn, and its former director Greg Kelly related to false financial disclosures that omitted more than $140 million to be paid to Ghosn in retirement.

Kelly agreed to a $100,000 penalty, a five-year officer and director bar and a five-year suspension from practicing or appearing before the Commission as an attorney.

0 ( +1 / -1 )

The Securities and Exchange Commission today filed settled fraud charges against Nissan

Nissan itself was the main infractor, and the wrongdoing was being held from long time, way before Ghosn and Kelly.

the most penalized was Nissan itself.

-4 ( +1 / -5 )

Criminals, helping criminals who helped other criminals..

That's right! J-gov helping J-corps and J-executives

Well said TokyoLiving!

-4 ( +0 / -4 )

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