crime

Prosecutors seek 2-year jail term for Kelly

57 Comments
By YURI KAGEYAMA

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57 Comments
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''The verdict from a panel of three judges is not expected until March next year.''

Why??

Isn't the whole point of the trial to bring everything to light and come to a verdict...at the conclusion of the trial??

28 ( +31 / -3 )

If convicted of violating the Financial Instrument and Exchange Act, Kelly could face up to 15 years in prison

You mean he is not going to be able to do a 110 degree bow and return 3 months of his salary if convicted? That seems unfair..

26 ( +34 / -8 )

Reports from Bloomberg are saying that Ghosn has irrefutable prove of Kelly's innocence.

A document that states Nissan was doing that undeclared compensation plans way before Kelly was in the company.

Kelly must stay strong and appeal.

25 ( +30 / -5 )

Kelly's real crime is that he didn't immediately confess and turn on Carlos.

He is making the prosecutors work for it (perhaps because he is not guilty?) and for that, he MUST pay (And yes, sarcasm is intended here....).

19 ( +23 / -4 )

Jesus, and people are complaining about the China-Canada fiasco!

10 ( +17 / -7 )

One question: why isn't Saikawa being prosecuted as well? Saikawa was just as much in a position to know.

30 ( +35 / -5 )

The verdict from a panel of three judges is not expected until March next year.

Nearly six months to reach a verdict. One can only assume that Japanese judges are imbeciles.

27 ( +31 / -4 )

Reports from Bloomberg are saying that Ghosn has irrefutable prove of Kelly's innocence.

So when is he going to share that (phantom) irrefutable proof?

-5 ( +9 / -14 )

Why??

Isn't the whole point of the trial to bring everything to light and come to a verdict...at the conclusion of the trial??

The trial isn't over. The prosecution has just finished presenting their case. Kelly will now present his defence.

Reports from Bloomberg are saying that Ghosn has irrefutable prove of Kelly's innocence.

A document that states Nissan was doing that undeclared compensation plans way before Kelly was in the company.

Joining a criminal enterprise already in progress doesn't make one innocent.

-7 ( +7 / -14 )

Thus, maintaining the near 100% conviction rate in Japan.

9 ( +13 / -4 )

Poor guy should be released immediately and paid compensation (by Nissan / Japanese taxpayers) for the lack of justice he has had to endure.

21 ( +27 / -6 )

It's ridiculous that you've been committing a crime for years, and the only indicted is the new guy.

7 ( +14 / -7 )

It's ridiculous that you've been committing a crime for years, and the only indicted is the new guy.

If the new guy had been the one to approach prosecutors with information of criminal activity at Nissan, perhaps he too could have struck a deal to avoid prosecution. He didn't.

-11 ( +4 / -15 )

He didn’t because he didn’t think he was doing anything wrong, and it doesn’t appear that he did.

Just collateral damage for Nissan’s internal politics.

16 ( +18 / -2 )

Kelly's real crime is that he didn't immediately confess and turn on Carlos.

Isn't it pretty normal for criminals to get plea deals for turning on his or her criminal superiors?

3 ( +5 / -2 )

If the new guy had been the one to approach prosecutors with information of criminal activity at Nissan, perhaps he too could have struck a deal to avoid prosecution. He didn't.

Who decides the members of Nissan's Suing Team and the Nissan's Outcasted Team?

Did Kelly ever had a chance to be an informant before being detained?

7 ( +10 / -3 )

The verdict from a panel of three judges is not expected until March next year.

WHAT????????

13 ( +15 / -2 )

One question: why isn't Saikawa being prosecuted as well? Saikawa was just as much in a position to know.

Because he was given immunity in exchange for cooperating with the prosecution, that's why. As were some of those other scum bags like hari nada I believe.

20 ( +21 / -1 )

If the new guy had been the one to approach prosecutors with information of criminal activity at Nissan, perhaps he too could have struck a deal to avoid prosecution. He didn't.

What criminal activity would he have approached them with? His activities at Nissan weren't criminal. He's on trial because nefarious actors colluded with the government to twist non-criminal actions into something bad.

11 ( +13 / -2 )

How can he be charged for a crime that never happened, money was never paid. This entire thing is so weak.

15 ( +19 / -4 )

How many years are the prosecutors asking for Saikawa?

Oh wait,he’s even not incriminated.

What a charade.

18 ( +20 / -2 )

@M3M3M3

You are often here defending all and everything Japanese with your comments.

Joining a criminal enterprise already in progress doesn't make one innocent

Interesting then that you state that the Japanese company Nissan was an "ongoing criminal enterprise".

Perhaps it was. I could not possibly comment.

What I do know is that two, and only two, people were arrested as a result of this fandango.

One is the "first American to be appointed to Nissan's board".

The other is Nissan's first-ever Japan boss.

I'm curious - in your mind, is the fact that the two, and only two, people arrested in connection with this "ongoing criminal enterprise" are non-Japanese just one massive and unfortunate coincidence?

Do you believe that a completely fair and unbiased legal process, free from outside interference, was followed? Again, I have no evidence that it was not. Was there racially discriminatory bias in the treatment of those involved in this matter?

I could not possibly comment, but I could understand if it looked that way to other people.

After all, we may consider that non-Japanese are in a tiny, tiny minority within Nissan.

And yet every single Japanese executive involved in this imbroglio walked away completely unpunished and unscathed.

Isn't that a little, er, strange?

18 ( +21 / -3 )

You gotta feel for Kelly. He has spent 3 years stuck in Japan pending a trial that looks likely to result in a sentence of just 2 years, which will likely be suspended anyway.

13 ( +16 / -3 )

Time served should mean he's released and allowed to leave the country.

13 ( +15 / -2 )

So basically time served or two more years of miso soup for breakfast?

One question: why isn't Saikawa being prosecuted as well? Saikawa was just as much in a position to know.

If you have to ask…

9 ( +11 / -2 )

@jpn_guy

I'm curious - in your mind, is the fact that the two, and only two, people arrested in connection with this "ongoing criminal enterprise" are non-Japanese just one massive and unfortunate coincidence?

No. It's not necessarily a coincidence when you stop to think about it. In fact, it's what you would logically expect.

Unlike most of the other executives, both Ghosn and Kelly are illiterate in Japanese meaning they weren't able to personally familiarise themselves with Japanese securities laws, regulations, and practices. They also seem unfamiliar with Japanese social norms seeing as they ended up alienating nearly all of their colleagues. They were the only two to strictly insist on their innocence rather than showing the basic level of contrition expected in Japan. They were both from countries where corporate executives are rarely prosecuted for anything and can buy their freedom if caught doing something blatantly illegal. All of this may have led to their conduct being judged particularly egregious by Japanese standards. It likely has more to do with a clash of cultures than racism.

Do you believe that a completely fair and unbiased legal process, free from outside interference, was followed? Again, I have no evidence that it was not.

I've seen no evidence either way.

You are often here defending all and everything Japanese with your comments.

I don't think you're following my comments too closely. I usually don't bother commenting other than to add info or correct something false or blatantly ridiculous. If you perceive my comments to be defending 'all and everything Japanese', it might just be because this site caters to Japanese topics and we have a fair share of people saying false and ridiculous things.

-14 ( +5 / -19 )

That's what you get after serving NISSAN for 30 years, so sad, this should be a warning shot for all those working for this shell company.

12 ( +15 / -3 )

@bokuda

Who decides the members of Nissan's Suing Team and the Nissan's Outcasted Team?

If you mean who gets prosecuted and who gets a deal, it's within the discretion of the prosecutors. If you have evidence that they've acted improperly I'd like to see it.

Did Kelly ever had a chance to be an informant before being detained?

Unfortunately you don't get the right of first refusal on becoming an informant. That's just not how it works.

@ThonTaddeo

What criminal activity would he have approached them with? His activities at Nissan weren't criminal. He's on trial because nefarious actors colluded with the government to twist non-criminal actions into something bad.

I guess we'll have to wait until March to find out.

-12 ( +3 / -15 )

@jpn_guy

Do you believe that a completely fair and unbiased legal process

There has actually been one part of the legal process that I would consider very unfair to Kelly, and I've mentioned this previously.

By failing to properly assess the flight risk posed by Carlos Ghosn when they granted him bail, the courts have denied Kelly the opportunity to put Ghosn on the stand and compel him to answer questions. Releasing Ghosn from detention was the court's mistake but Kelly is left paying the price. If Kelly is acquitted or given a significantly reduced sentence, I would expect this to be a be a consideration.

-4 ( +4 / -8 )

Saikawa is laughing all the way to the bank. One rule for them....

16 ( +18 / -2 )

Poor guy suffers all because of a conspiracy to remove Ghosn from his position! It’s just a shame that the international community sat back quietly while two foreigners suffered at the hands of the Japanese prosecutors and a group of corrupt Nissan executives! This despite the United Nations doing it’s own investigation in this case and declaring both Ghosn and Kelly innocent! Yet, the US Government and the French Government didn’t do anything to protect its citizens! If China or Russia had done the same then they would have been bashed daily!

5 ( +6 / -1 )

You can not record, or get access to the records of the Japanese trials.

Access to evidence is almost impossible even for the defence team.

Why all this obscurity?

1 ( +2 / -1 )

You can not record, or get access to the records of the Japanese trials.

Access to evidence is almost impossible even for the defence team.

Why all this obscurity?

Interesting though, records of cases and relevant documents are held in the Records Department at the Public Prosecutors Office. These do include trail records. Although theoetically public, in my past experience the bureaucrats there are generally ubstructive and awkward.

1 ( +2 / -1 )

Who’s into the Stock Market Professionally?

What has Nissan’s Stock price done through all this ?

1 ( +2 / -1 )

Poor guy suffers all because of a conspiracy to remove Ghosn from his position! 

Because?

-2 ( +1 / -3 )

Where’s that snake Saikawa? Oh I forgot he’s a native so he gets a pass.

6 ( +7 / -1 )

Kelly is the perfect example of a fall guy. He's never going to be found innocent so at least give him a suspended sentence and let the poor guy go home.

5 ( +6 / -1 )

alleged that Ghosn and Kelly had under-reported their compensation (a violation of securities law)

(Wiki quote)

OK here is the complaint, and what is all this conspiracy theory of the deep state of Nissan?

-3 ( +1 / -4 )

If Japanese judges had any power, this case would have been thrown out long ago. It stinks on so many levels.

2 ( +3 / -1 )

2 years? I expected 15 years as that was repeatedly mentioned in every story about him.

It hardly seems worth the huge expense and effort that has gone into this trial.

It therefore seems very petty by the Japanese prosecutors.

-1 ( +1 / -2 )

@M3M3M3

Unlike most of the other executives, both Ghosn and Kelly are illiterate in Japanese meaning they weren't able to personally familiarise themselves with Japanese securities laws, regulations, and practices. 

You are practically arguing against yourself here.

I would humbly suggest that the lack of Japanese ability of Ghosn and Kelly supports my argument rather than yours.

How likely is it that two people who are illiterate in Japanese but were working within a Japanese company cooked up a scheme that violated Japanese law, documented their scheme in Japanese, and made plans for the Japanese company to make future payment based on this scheme (again, all of this work requiring Japanese language documentation, both in the present to organize it, and in the future to make the payments), all without the involvement of their Japanese-speaking counterparts?

Your argument that Ghosn and Kelly are most likely to violate the law since they are illiterate and don't understand local norms does not stand up to any scrutiny.

Leaving aside whether there delayed compensation scheme was legal or illegal, moral or immoral, they were clearly and obviously in regular communication with Japanese-speaking personnel as it was set up (assuming Kelly was even has been involved in the set up of the scheme at all - it seems this is doubtful).

Before the whistle was blown, there was an ongoing effort in Nissan to put these plans together involving multiple parties. To say this whole effort was only underway because Ghosn and Kelly "don't understand Japan" is illogical. How could the scenario as you describe it even begin to take place?

And, anyway, we know that Japanese-speaking personnel were involved since many of them to struck a deal with prosecutors to avoid punishment for their part in the matter.

These facts alone show that events could not possibly have unfolded as you describe them, as the results of a "cultural misunderstanding".

Were the Japanese citizens involved in setting up the scheme guilty of "cultural misunderstanding too"

They also seem unfamiliar with Japanese social norms seeing as they ended up alienating nearly all of their colleagues.

For all your linguistic turns of phrase and eloquence, M3M3M3, your arguments boil down to "something went wrong, it must be the foreigners fault". You language may flow well, and your responses at first sight may appear astute and persuasive, but closer examination reveals there are no supporting arguments - just suppositions and what to some people may look like blind prejudice against non-Japanese citizens.

Again, we come us back to the massive coincidence - why were the non-Japanese citizens the only ones arrested? You have offered zero convincing arguments the would dispel these concerns.

this site caters to Japanese topics and we have a fair share of people saying false and ridiculous things.

Indeed we do. That might be the only part you got right.

1 ( +3 / -2 )

He probably wont survive in a "Japanese prison" under such horrific harsh conditions especially for non Jns; messing with Japan's glorified and highly praised cash cow. BTW he looks like he has aged from stress and anxiety, so much since this incident in the face especially, creeping baldness, more gray hairs, and looks like he might have developed a heart condition, poor devil.

4 ( +5 / -1 )

@btang you got a point about their prisons, (I saw some documentaries) their guards can make life in there a living hell for non jns, even for white collar crimes. And he will be extremely lonely there, cant talk, very limited communication with family , esp.cause he aint no yak, and many there are ultra nationalist-anti american, and may make him a scapegoat for ww2.

4 ( +5 / -1 )

Oh boy, once they get him in their prison, he's done perhaps, mentally and physically from excessive hate and stress

3 ( +4 / -1 )

you got a point about their prisons, (I saw some documentaries) their guards can make life in there a living hell for non jns

It sounds like Japan bashing with no facts. Japan is probably one of the best countries to commit serious crime. You don't do much time here compared to places like Texas. Just ask Yevgeniy Vasilievich. And if you are small and weak you won't become someone's sex slave. Sounds much more attractive than a Texas penitentiary. And in what part of the world is prison supposed to be a positive experience?

-7 ( +1 / -8 )

why were the non-Japanese citizens the only ones arrested?

alleged that Ghosn and Kelly had under-reported their compensation (a violation of securities law)

(Wiki quote)

-2 ( +1 / -3 )

When a question starts with a "why", you're expected to give a rational explanation.

"Because Wiki says so" is not a valid answer.

4 ( +4 / -0 )

What is the valid answer then? Why did they lock up the two gaijin and not the Japanese? Does Nissan have the police on their payroll?

2 ( +3 / -1 )

@jpn_guy

Again, we come us back to the massive coincidence - why were the non-Japanese citizens the only ones arrested? You have offered zero convincing arguments the would dispel these concerns.

How are these concerns relevant to the question of Ghosn and Kelly's guilt or innocence? Let's assume, for the sake of discussion, that you're correct and the prosecutor who charged them is a racist and only pursues cases against foreigners. Does that make Ghosn and Kelly innocent of the charges? I don't think so. Instead of questioning the motives of the prosecutors, maybe you should focus on the substance of the case? The fact that Hari Nada was never charged despite being a foreigner seems to poke a hole in your theory.

How likely is it that two people who are illiterate in Japanese but were working within a Japanese company cooked up a scheme that violated Japanese law

...all without the involvement of their Japanese-speaking counterparts?

Nobody disputes that Ghosn and Kelly had the assistance of Nissan staff to carry out any plans. The relevant question is to what degree the others were knowingly participated in any scheme to hide compensation and whether its in the public interest to charge them after they came forward and cooperated with prosecutors.

Your argument that Ghosn and Kelly are most likely to violate the law since they are illiterate and don't understand local norms does not stand up to any scrutiny

How so?

Before the whistle was blown, there was an ongoing effort in Nissan to put these plans together involving multiple parties.

Yes, that's why Nissan itself was also charged and convicted. Nobody disputes that others knew of wrongdoing but whether there's enough evidence to justify charging others and whether its in the public interest is a different question.

Ghosn was obviously the main target of this investigation because 1.) he was the head of Nissan 2.) The board delegated compensation issues to him 3.) It concerned his compensation and 4.) He was also being investigated for a breach of trust. Kelly was dragged into this by being Ghosn's right-hand man.

It's worth reminding ourselves that the seriousness of the charges in this compensation case pale in comparison to the more charges Ghosn is facing in relation to the kickbacks from middle-eastern dealers. This case was never intended to be the main event but it's become the only event after Ghosn's escape.

-4 ( +1 / -5 )

Whistleblower Hari Nada says Ghosn concealed his true compensation because he feared the repercussions in France.

Hari Nada is said to be a key player in the downfall of the former chair.

(news sources)

And these are the Japanese people out to get Ghosn?

0 ( +2 / -2 )

Prosecutors seek 2-year jail term for Kelly

The sentence is always half of what the prosecutor demmands.

On March Kelly will get 1 year of suspended sentence.

0 ( +1 / -1 )

If Japanese judges had any power, this case would have been thrown out long ago. It stinks on so many levels.

Japanese imbecile judges have power quite simply because they are scared of the prosecutor bureaucrats. In Japan judges are appointed on a two year basis by the Ministry of (so-called) jusice. The Minister of head of the Ministry of (so-called) jusice is nearly always a former prosecutor bureaucrat.

How many years are the prosecutors asking for Saikawa?

Oh wait,he’s even not incriminated.

What a charade.

Of corse it is a charade. In Japan non-Japanese don't get dealt with by the same prosecutor bureaucrat as Japanese do. A prosecutor bureaucrat for foriegners (gai kensatsu).

Kelly was not a perminent resident, therefore probably initially a

Investigated by Japans International Police department which is not interpol.

6 ( +6 / -0 )

In Japan judges are appointed on a two year basis by the Ministry of (so-called) jusice.

Fact Check: False

Article 80: The judges of the inferior courts shall be appointed by the Cabinet from a list of persons nominated by the Supreme Court. All such judges shall hold office for a term of ten (10) years

https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html

-2 ( +0 / -2 )

I saw on another site in USA , urging americans to leave J companies, etc.

2 ( +2 / -0 )

NISSAN-GHOSN Scandal

*NISSAN going down tubes and losing money by the bucketload.

*Gaij appointed and miraculously steers Nissan away from the precipice and back into profitability

*Group of Nissan oyajis are ready to take over after 20 years of stability, engineered by gaij appointments.

*Stages coup by revealing that their internal pay policies are illegal all along, decide to prosecute gaij to oust them from the company.

*Head honcho gaij escapes and calls foul so remaining gaij gets book thrown at him

*Nissan starts to go down the tubes again

Ok.....I think I have it sussed

3 ( +3 / -0 )

"Japanese prosecutors demanded two years in prison for former Nissan executive Greg Kelly and accused him of joining a "conspiracy" to pay his former boss Carlos Ghosn illicitly"

To be locked down in a oppressive bucolic; covertly resolutely biased, besides the; pandemic, and unprecedented global cataclysmic events to be in a Japanese prison, sorry bub you picked an amiss country.

0 ( +0 / -0 )

...using Nissan money for personal gain, ranging from housing, tuition payments for his children, use of a corporate jet and purchases such as a chandelier. Ghosn has said they were needed for work.

Yea ok. Really needed for work....LOL

0 ( +0 / -0 )

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