The six-year-old criminal case of Greg Kelly, an American ensnared in the scandal of Nissan’s former boss Carlos Ghosn, turned a page in a Japanese court Thursday, with his lawyer demanding “justice” with a verdict of total innocence.
Kelly, a former Nissan executive vice president, was arrested in 2018, on charges related to under-reporting the compensation of Ghosn, who led Nissan Motor Corp for two decades. In 2022, Kelly was cleared of almost all counts and given a suspended sentence, which meant he didn’t serve time. He was found guilty for just one of the eight years for which the compensation allegedly was under-reported.
“The news traveled around the world, and Kelly’s reputation was tarnished literally on a global level,” defense lawyer Yoichi Kitamura told the Tokyo High Court.
In his final arguments, Kitamura denounced the lower court verdict as “unreasonable,” saying it didn’t make sense for Kelly to be part of a conspiracy for just the last year.
“I close my arguments by demanding the court carefully consider the evidence presented, come to judgment based on law and evidence to hand down the verdict of totally not guilty, restoring Kelly’s reputation and realizing justice,” Kitamura said, using the English word “justice.”
Presiding Judge Kazunori Karei promised a verdict on Feb 4.
Kelly asserted his innocence from the start, as has Ghosn. Kelly returned to his home in Tennessee during the appeal and was not present in the courtroom.
Ghosn was also arrested and charged but fled to Lebanon while out on bail in 2019. He says he is innocent. Ghosn is unlikely to be ever tried as Japan has no extradition agreement with Lebanon.
Top Japanese executives tend to get far smaller salaries than their Western counterparts. When Japan began requiring top executives to disclose their compensation in 2010, Ghosn’s annual pay was cut by about half, or 1 billion yen.
Testimony and documents presented during the trial showed Kelly tried to compensate Ghosn through possible post-retirement consultancy fees and paying him not to leave for a rival company, known as a “non-compete” agreement.
Kelly, a lawyer, says he was merely trying to retain Ghosn for Nissan’s best interests, using legal means, and the issues could have been sorted out in a board room, not a courtroom.
Prosecutors say they’re confident about their case, which alleges that Ghosn’s compensation was under-reported by 9 billion yen in filings over eight years through 2018.
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11 Comments
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dagon
I seem to recall quite a few local politicians who did not report large contributions to the tax authorities at all.
Were they held incommunicado and prosecuted as well?
Just a rhetorical question.
sakurasuki
The only word justice known in Japan is hostage justice system.
https://www.japantimes.co.jp/news/2024/03/19/japan/crime-legal/hostage-justice-renewed-spotlight/
David Brent
Japan doesn’t have a justice system though.
Meiyouwenti
…while his former boss, Ghosn, is enjoying his perpetual holiday in the sun-drenched Lebanon.
Moonraker
"Kelly’s reputation was tarnished literally on a global level"
Was it though? Anyone who had more than a passing interest would have known that it was the justice system in Japan that really got tarnished and that Kelly was a victim of it.
OssanAmerica
Can't help but think that if Ghosn hadn't run away breaking bail and faced his charges, Kelly may not have even been found guilty on that one charge. Everyone around Ghosn gets charged but he himself gets away scott free. Reminds me of a particular US presidential candidate we have.
Alan Harrison
Japan knows that it's legal system is trash. It's just a matter of finding a judge that has the integrity to admit and act accordingly. Don't hold your breath.
Aly Rustom
Good point.
exactly.
true.
that's right but not tarnished enough for there to be change unfortunately.
That's right. Many Japanese complain about it as well.
WoodyLee
""Kelly, a lawyer, says he was merely trying to retain Ghosn for Nissan’s best interests, using legal means, and the issues could have been sorted out in a board room, not a courtroom.""
But then Both Nissan and Mr. Ghosn turned their backs on you sir.
obladi
There was a lot fo blame to go around on the Ghosn debacle. If Kelly is asking for the case to be re-opened and re-litigated. I think he should not hold his breath. There is a tendency here to tighten the lid and move on when huge mistakes are made in the legal system.
GBR48
Not sure his reputation is damaged. I think people look at what has happened to him, feel sorry for him, and cross Japan off the list of countries they would ever consider taking an executive position in.
kurisupisu
Politically ordered law enforcement and judicial rulings and the convictions brought about by lengthy stays of detention are a blight on Japanese society.
Why is it that no Japanese politicians are calling for reform of this unfair, fear inducing, archaic system?