crime

Ghosn indicted on aggravated breach of trust charge

54 Comments
By Mari Yamaguchi

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54 Comments
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Tinawatanbe Have you stayed at Kosuge, I have it is not a small light.

0 ( +0 / -0 )

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@ coskuri

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Yes - good points

\

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@ Sh1mon M4sada

As always- very knowledgeable and intelligent .

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@micheulqtodd -

Good post. :-)

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@gakinotsukai

+1

good post.

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Hang in there Ghosn... they'll eventually run out of things to accuse you of... including "exhausting the prosecutors voice"... they may as well accuse you of being a Competent Foreign business person!

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I think what we are looking at here is Japan Inc. defending itself against the takeover of a major company by foreign interests. Quite understandable, although the sneaky way to go about it is offputting. Ghosn should have known that he went too far though. He should have quit the game while he was ahead.

-1 ( +0 / -1 )

still have doubts ?!

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https://www.capital.fr/entreprises-marches/affaire-ghosn-de-largent-de-nissan-aurait-ete-depense-dans-les-boutiques-de-luxe-1335838

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@umbrella, in a democracy, remember these words "innocent until proven guilty"

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The problem with the Ghosn narrative is, his camp thinks he deserve the justice system of his choosing,

They consider they are so important people that they shouldn't be subjected to laws like the nobodies. Ghosn said it in the French skype interview "Even if they can prove I diverted a few dozens of millions, at the scale of Nissan, it's nothing. I was managing so much, so it's absurd to sue me for just internal matters my assistant could have solved...".

prosecutors; do you have a case or not?

They told last November they had a case. They did. No reason to doubt. They are not doing pranks and before arresting a VIP, you bet they check they have what it takes to prove. So far neither Ghosn's lawyers nor Greg Kelly's managed to dismiss the evidence nor demonstrate it's not worth prosecution. Idem for second and third case. Head prosecutor said yesterday they now had 4 cases. And they do. Do you believe lawyers can dismiss the 4th charge ? Let's wait and see. I really wish they can because I'd have a little more faith in humanity if the CEO of Nissan had not stolen $10M from the company.

Have a trial already!

There is no VIP lane. The 4 cases are in the queue for trial. The wait is 1 to 2 years for nobodies like us or for his highness Ghosn, (Not bad as in France it's 3 to 6 years, as you'll see when he gets his trials there.)

-2 ( +0 / -2 )

Have a trial already! It is also ironic that this process impacts many more Japanese in a negative way than it does foreigners. Ghosn happens to be a very high profile individual.

How do you know the prosecutors and the court aren't already dedicating as much resources as possible so as to expedite a trial?

Lawyers I know are saying they haven't so much attention on a single case like this one. Their take is Ghosn is getting much better treatment than a Japanese suspect that similarly thumb his/her nose at the system. They gave me examples of Yakuza cases where a suspect can be kept in detention (indefinitely) until his boss apologises.

-4 ( +1 / -5 )

"Breach of Trust" is not a CRIME or CRIMINAL, it is a CORPORATE Issue...

Prosecutors can only indict suspect for specific crimes, please let the prosecutors and the rest of Japan know you've rewritten the Japanese criminal code.

Ghosn has been treated fairly under the Japanese system, if not better than Japanese suspects, much better!

The problem with the Ghosn narrative is, his camp thinks he deserve the justice system of his choosing, I'm surprised he hasn't asked for Lebanese laws to be applied instead. His wife was reported in French media as to say the Japanese system sucks and that he shouldn't be subjected to it and tge president of France should get it done. Sigh...if that is not thumbing his nose at the Justice system that he operated under, I don't know what is. Is Ghosn so special he doesn't have to obey Japanese laws?

-3 ( +2 / -5 )

@Umbrella

Either he breaks out or I think he may well commit suicide. What’s the point in going on? He’s 65 he has had good long life, now it’s time to end it.

Are you serious? This is the most disgusting post I have seen.

I am for this post remaining here as insight to what people are thinking but Moderators: You have removed some of my posts and the posts of other people which are far less disgusting than this.

As for Tina Watanabe's posts - they provide insight to what supporters of this system are really thinking.

As I have stated repeatedly; Ghosn almost certainly engaged in unethical activity and may be guilty of a crime but the way this is being carried out is ridiculous. Have a trial already! It is also ironic that this process impacts many more Japanese in a negative way than it does foreigners. Ghosn happens to be a very high profile individual.

If he is guilty then he should do the appropriate time but prosecutors; do you have a case or not?

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Shame on Japan. This is not right. Likely they will try to sweep this under the rug before the Olympics.

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Enough already damn! No need for a trial if you keep adding charges so you can hold him

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Either he breaks out or I think he may well commit suicide. What’s the point in going on? He’s 65 he has had good long life, now it’s time to end it.

This ain't the wild west.

And Tinawatanabe, your comments are atrocious!

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"Breach of Trust" is not a CRIME or CRIMINAL, it is a CORPORATE Issue...

FREE GHOSN NOW!!!

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Ghosn has really hurt Japan’s pride taking on Nissan. Japan is acting as a wounded animal. It’s fighting as if fearing for its survival. In no small part it’s the symbolic name value Nissan holds, Japan Industries. Japan, Inc can take a punch when Nissan was brought back from sure death. To incorporate it under a foreign company, in essence losing its identity, is another issue. There’s no other reason the government would be so vile and vicious against the same person who brought back to life one of its own old children. The lesson? Don’t mess with our sacred cows. What will be interesting will be what happens at the time of the final verdict.

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lol

°

At least Nissan felt no remorse to give to Notre Dame rebuilding only 100 000 euros instead of the expected 100 000 000 euros every big firms gave. Actually, they are expected to give several 100 000 000 to Notre Dame. So, they might have done a real economy with this Ghosn's thieves.

°

MMF

-5 ( +0 / -5 )

Check that : https://www.amnesty.org/download/Documents/20000/asa220072012en.pdf

page 5, first paragraph

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This is terrible news. It's obvious Mr. Ghosn is innocent person and can't do this bad things he is accused of. But when he has his trial, it will be fair and impartial, so the truth will come out.

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Ghosn is stupid, he should have escaped from Japan when he was out on bail. There is no chance he can ever get justice in Japan. If he stays his life is over. He is what, 65? He would probably live another 10 to 15 years at most. The “prosecutors/judges team have already decided on 10 years inside I would guess.

Either he breaks out or I think he may well commit suicide. What’s the point in going on? He’s 65 he has had good long life, now it’s time to end it.

-10 ( +1 / -11 )

Kukimoto, the prosecutor, said Ghosn has been treated just like any Japanese suspect. 

Well, I guess there you have it. Japan tortures it's citizens.

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Shin Kukimoto said Monday he could not comment on whether any fresh charges might be filed against Ghosn.

May be some is just going through the statute books just looking for another charge/allegation to throw at Mr Ghosn, like walking on the cracks of the pavement ?

Ghosn's wife Carole Ghosn has criticized the prosecutors' handling of the investigation of her husband, accusing them of mistreating him. Kukimoto, the prosecutor, said Ghosn has been treated just like any Japanese suspect. yep, pretty appallingly by the rest of the worlds standards.

One of Ghosn's lawyers, Takashi Takano, said his client has been interrogated an average of four hours a day without the presence of his lawyer despite demands that the practice be stopped. so, are the police acting up and beyond guid lines of the country? it seems that the police just what they want to. may be they should be arrested!

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There is no torturing devices in prison.

keeping somebody in prison whohasnt been found guilty of anything yet, interrogating him hrs everyday until they get a confession, maybe you should try it after a couple months see if you think its a type of mental torture or not.

This could be one of the reasons for Japan's 68℅ re-offending rate.

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It’s funny how some people still try to find and make excuses for the Japan inJustice system. Just exactly what prosecutors are trying to do. They dug their hole too deep they cannot get out.

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Indicted four times. Jailed for 5 months. One would like to believe that there was ample evidence, reviewed by an independent judiciary. But, it's also possible that the first indictment (on a pretty flimsy charge) was just a scare tactic to get Ghosn to confess to something worse, and that the prosecution keeps ramping up the pressure in order to save face. I don't want to believe that a conspiracy so devious could be pulled off without some honest justice dept. worker blowing the whistle. I sure hope this all becomes clear in court.

-1 ( +2 / -3 )

The Japanese eyes need to be opened to their torture system of injustice. This is the good thing that can lead to change. This is supposed to be a civilized society.

Lets hope so. Japans track record at being civilised during the last entury is not exactly good.

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The Japanese eyes need to be opened to their torture system of injustice. This is the good thing that can lead to change. This is supposed to be a civilized society.

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It might be referring to the punitive use of leather handcuffs and body belts (which incidentally goes against Japanese law)

TW:

Japan uses ropes (USA uses metal chains), which is not torturing devices and not against Japanese law.

Article 33 of the Standard Minimum Rules on the Treatment of Prisoners (SMR) says:

*Instruments of restraint, such as handcuffs, chains, irons and strait-jackets, shall never be applied *as a punishment.

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Small light at night is to check if the inmates are OK, not a torture.

-18 ( +0 / -18 )

@Ex_Res - I agree with you stress, lack of sleep and control and other torture.

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Camden Hell:

Amnesty reports frequent use of torture and torturing devices in prison. 

Please give us the source. That's a serious charge. I'd like to read it.

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No need for tools or devices

At one point (and I hope that it is not happening now) the Japanese police in police stations would force the table into the prisoners legs, deliberatly tighten handcuffs as much as posdible. Anything can can be turned into a torture device. On top of that prisioners would be humilitated and called dirty names during strip searches.

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It might be referring to the punitive use of leather handcuffs and body belts (which incidentally goes against Japanese law)

Japan uses ropes (USA uses metal chains), which is not torturing devices and not against Japanese law.

-16 ( +0 / -16 )

Super surprised if Japan doesn't lead the world in false confessions.

I have seen it at a junior high school level. They are relentless. Teachers in tandem just verbalize suspects (oops, kids) who made some bad choices.

FWIW, those kids were guilty but that is not the point. The process simply sucks.

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Amnesty reports frequent use of torture and torturing devices in prison.

There is no torturing devices in prison.

I believe that stress positions, along with sensory deprivation, and sleep deprivation are classed as torture.

This is on top of human rights abuses such as no access to lawyers during interrogation, and detention without charge.

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To what purpose can this continuous stream of charges bring the Japanese legal system into a brighter light.

It appears to me at least that the original charges were fragile but the prosecutors certainly, to me at least, are going all in. It looks like a crucifixion to me to be honest. Nobody will emerge clean from this fiasco.

Not a Ghosn lover by any means but i would be very suprised that he could have pulled off such a huge fraud against a Japanese company without more than a few Japanese nationals going down with him. Who actually made these transfers??

It smells like an internal assassination. Looks like one too. Draw your own conclusions.

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At this rate, the charges are going to be coming even after Ghosn's trial!

-2 ( +3 / -5 )

There is no torturing devices in prison.

keeping somebody in prison whohasnt been found guilty of anything yet, interrogating him hrs everyday until they get a confession, maybe you should try it after a couple months see if you think its a type of mental torture or not.

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Whew. Still, J-prosecutors are incompetent. They should all bundle together in a sheet of lies, and only talk to each other and believe that what they are doing is "just".

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There is no torturing devices in prison.

Sleep deprivation is a torture for example. No need for tools or devices

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There is no torturing devices in prison.

It might be referring to the punitive use of leather handcuffs and body belts (which incidentally goes against Japanese law)

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The Tokyo District Prosecutors' Office said in a statement that Ghosn caused $5 million in financial damage to Nissan by siphoning off half of $10 million that he had a Nissan subsidiary transfer to an overseas sales agent for the automaker in 2017 and 2018.

>  It said it had determined that the payments in question "were in fact directed by Ghosn for his personal enrichment and were not necessary from a business standpoint."

"Such misconduct is completely unacceptable, and Nissan is requesting appropriately strict penalties," it said.

What a bunch of immoral individuals, this is insane, They keep throwing at him accusations and charges as facts in order to influence the public opinion by basically making him appear as necessary guilty. Despite the fact that no trial has been done yet and that he is basically prevented to defend himself. This is insane, nobody rational can defend that. As we speak, him and his lawyers have not been presented any material from the accusation so that they can organize their defense. None. The rights of the defense are totally violated in this country which justice system works more as a dictatorship. Accusing someone and preventing him from defending himself is exactly how dictatorship regimes have muzzled their opponents.

Now it's clear that this circus has an unique goal. To prevent him to speak and to make him confess what the prosecutors want him to confess on behalf of Nissan. He is being kept in jail without window where the lights is turned on all the time even at night, he has to sit and sleep in a defined way and he has no watch. The Golden Week is approaching and the prosecutors want to keep him locked during that time since during holidays, he won't get his daily time outside the jail and will be potentially locked continuously in that jail for almost ten days. This is mental torture plain and simple. This is shameful and it just shows how archaic Japan is. But also extremely corrupted because many Japanese executives involved in bigger scandals and who admitted their crimes never slept in a jail.

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 It is certainly a country risk for non-Japanese working in Japan.

if you are doing money laundering like Ghosn, yes.

Amnesty reports frequent use of torture and torturing devices in prison.

There is no torturing devices in prison.

-24 ( +5 / -29 )

In terms of gift exchange, culture of business must be different in Middle East. For that Ghosn has lots to say but he is muted and judged guilty even before the trial. Corporate culture and its governance should be heard at the court if that is a fair trial. This looks like a weird French version of Apocalypse Now in which Ghosn was initially admired as kami but now beheaded and cannibalized!

The UN Human Rights Committee has advised Japan several times to reform its criminal justice system by allowing bail before trials and for lawyers to be present during questioning. A UN committee against torture called Japan's criminal justice system “medieval” in 2013; Amnesty reports frequent use of torture and torturing devices in prison. Recording interrogations with video starts from this June but only 2-3 % of the hole. Japanese style plea bargain introduced in 2018 under Abe’s regime is worse than a bad joke in medieval justice system. It is certainly a country risk for non-Japanese working in Japan.

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Who arethese prosecutors, what lives do they live? Saikawa has them on a payroll to demolish ones character, meanwhile Saikawa Nussan profit margins are tanking further, his plan to buy the stocks at a cheaper devalued price due to this defamation he set up is almost in plan to buy the stocks from the French.

Meanwhile Nissans new car lineup tank in sales: https://youtu.be/XNwOYbLdfhg

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At this point, all I can do is pray. There are very few innocent men that can endure the false accusations. If only Nelson Mandela's spirit could talk to Ghosn while he's in that cell alone. Don't let them break you.

They are going to lean on him, maim him, attempt to break his will. With the amount of money that Ghosn has this will be a profitable venture for Nissan. They will hold him to within an inch of his life and then offer a sweet deal.

I hope his lawyer is NOT in this country. The people who Ghosn did business with need to step up. If we ever get to the trial stage.

One thing that is very clear and easy to see is the prosecution is NOT ready and they are holding Ghosn so that they can feed him false information, confuse him, try to make him feel betrayed. Go ahead and confess to something that you didn't do.

Pray for Carlos Ghosn.

5 ( +13 / -8 )

What an absolute joke! They just keep recycling the same charges with a different twist to keep him in detention. What's the next charge after this one? Having gray hair?

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If this charge alone is proved then surely Ghosn will spend at least 5 years in prison. This is a lot of money and it seems that it will be difficult to defend.

I do not agree at all with how he has been detained again and again but he does seem to have been incredibly greedy. Not sure at all why he could not have just been paid say $50 million a year instead of being paid $10 million and having to "sneak" the other $40 million by all sorts of illicit schemes. Presumably in order to avoid taxes?

Hopefully for the good of everyone all his assets are captured and he pleads guilty to all the charges and goes to prison forsay 12 years with a minimum of 8. I pay my taxes and would expect to be in trouble if I got caught avoiding paying them on $40 thousand let alone $40 million

-10 ( +8 / -18 )

there's more spin going on here than a F1 racing car out of control.

Charge at the same time. Give him bail. Hold the court case. Beginning to feel more like cruel and unnecessary punishment.

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I salute you Ghosn, take the fall and become a martyr for the rest of us.

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These news reports are getting longer and longer, however content is mostly just previous news appended nearly verbatim into the latest report. The article then appears to have substance; however the new content can usually be found in the first one or two paragraphs.

18 ( +21 / -3 )

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