Former Nissan chairman Carlos Ghosn speaks at his news conference on Wednesday in Beirut, Lebanon. Photo: REUTERS file
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Ghosn tells Japanese media he has plenty of documents to prove innocence

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And, the Japanese prosecutors have plenty of ways to discredit and disallow said documents as evidence..

1 ( +18 / -17 )

"Japan is an admirable, modern, otherwise advanced country. It deserves better than an archaic system that holds innocent people hostage,"

41 ( +48 / -7 )

And, the Japanese prosecutors have plenty of ways to discredit and disallow said documents as evidence..

How do you know this?

10 ( +18 / -8 )

he has "plenty of documents" to prove he is innocent of financial misconduct charges.

I am sure he is innocent of a million of things, because everybody is. But, I note that he and his wife never answered to the questions about the things they are actually suspected of.

-13 ( +14 / -27 )

Ghosn has not only documents but also Legal experts. Where are the Tokyo University professors supporting the prosecutors’ claims?

“I have my doubts,” he said about the charges related to pay, saying that such remuneration would have to be proposed by the board and approved by shareholders, according to Japanese company law. “It’s difficult to say it was a done deal that he would have received the compensation, so it probably can’t be charged as falsifying records. I think quite a few legal scholars would have that opinion.” — Wataru Tanaka, Tokyo University, Department of Comparative Contemporary Law

24 ( +30 / -6 )

"Since the Universal Declaration of Human Rights was adopted here, in Paris, in 1948, the presumption of innocence, respect of dignity and rights of defense have been essential components of what constitute a fair trial."

Iwao Hakamada was born March 10, 1936, in Shizuoka City, Japan.

Hakamada was interrogated and, in August 1966, he was arrested based on his confession and a tiny amount of blood and gasoline found on a pair of pajamas he owned. According to his lawyers, Hakamada was interrogated a total of 264 hours, for as many as 16 hours a session, over 23 days to obtain the confession.

They added that he was denied water or toilet breaks during the interrogation.

At his trial, Hakamada retracted the confession, saying police had kicked and clubbed him to obtain it, and pleaded not guilty.[4]

"I could do nothing but crouch down on the floor trying to keep from defecating," he later told his sister. "One of the interrogators put my thumb onto an ink pad, drew it to a written confession record and ordered me, 'Write your name here!' [while] shouting at me, kicking me and wrenching my arm.

https://en.wikipedia.org/wiki/Iwao_Hakamada

40 ( +44 / -4 )

@Chip Star

The prosecution acts like a judge in Japan.

Their goal is to win the case ie prosecute the accused.

It is up to them to reject or accept evidence.

Is this possible?

In my time in Japan, I have personal experience of officials in Japan refusing to consider evidence which would result in a criminal prosecution.

21 ( +26 / -5 )

Kurisupu: No, it is not up to the prosecutors to accept or reject evidence. The judge determines the admissibility of evidence.

5 ( +13 / -8 )

Justice Minister Masako Mori apologized for the error regarding the presumption of innocence!

https://mainichi.jp/english/articles/20200110/p2g/00m/0na/081000c

Francois Zimeray said in a statement addressed to Justice Minister Masako Mori that her mistake reflected Japanese justice.

unacceptable , you have to resign Mori!

26 ( +32 / -6 )

Carlos seems willing to talk about everything related to his arrest and detention, the Japanese hostage justice system, and all the evil people at Nissan who conspired to oust him, but the only thing he really needs to explain at this point is the nature of his relationship with Divyendu Kumar from Suhail Bahwan Automotive and whether/why this individual transferred tens of millions from Swiss accounts to a Beruit shell company ultimately controlled by Ghosn. Even if we give Carlos the benefit of the doubt that this money is not a kickback from the millions out of the CEO reserve that Nissan paid to Middle-eastern dealers in sales and marketing incentives, Ghosn still has a fiduciary duty to fully disclose and account for any external dealings with Nissan clients.

7 ( +18 / -11 )

"Now, they are cowardly attacking Ms Carole Ghosn to exact revenge and to shroud the humiliating situation for which they are responsible," it said.

Absolutely

"Japan is an admirable, modern, otherwise advanced country. It deserves better than an archaic system that holds innocent people hostage," the statement added.

This is it right here. Most of us believe that this is a great country with great people that deserve alot better than the scumbags who run it.

28 ( +34 / -6 )

@Asianman,

Here is what a crowd of experts that saw the file concluded :

Each year, Ghosn fixed a total amount of compensation for himself, with a certain amount paid and disclosed and an additional amount that was unpaid and undisclosed. Ghosn and his subordinates, including Kelly, crafted various ways to structure payment of the undisclosed compensation after Ghosn's retirement, such as entering into secret contracts, backdating letters to grant Ghosn interests in Nissan's Long Term Incentive Plan, and changing the calculation of Ghosn's pension allowance ....

SEC in September 2019

More details about the ways used by Kelly and Ghosn to hide from the CFO, the board and shareholders :

https://www.sec.gov/litigation/complaints/2019/comp24606.pdf

Please give me a link to Ghosn's "proof of innocence" on that.

9 ( +15 / -6 )

Ghosn may be right to point out the allegedly inhumane prosecution system of Japan. He says he has plenty of evidence to prove his innocence in this case.

But there’s no denying he audaciously jumped bail and escaped Japan, flouting and finessing a most intricate surveillance of his daily activities. How could he do that? He says he did it alone without anyone’s help. Did he really? That’s what intrigues me most.

-9 ( +5 / -14 )

While Ghosn isn't any angel, his criticism of Japan's justice system are spot-on. Whether or not he committed any crimes, his chance of a fair trial are zero. The new arrest warrant for his wife smells almost like collective punishment -- going after her to punish him.

Ghosn's real problem is that as an elitist billionaire, he doesn't make the 'perfect victim' to generate a lot of press sympathy. 

Japan is a judicial black hole. Don’t let the flashy products, ‘thank you thank you’, and ‘sorry sorry’ they say fool you. They only tolerate you as long as you fully obey them and are under their total control. Just ask the British ex-CEO of Olympus who had to run away for his life after he discovered bone deep corruption in the board of directors and blew the whistle.

28 ( +35 / -7 )

The interview took place as most of the Japanese media were not allowed to attend the press conference, which was streamed live on the internet by some of the media outlets hand-picked by him.

He pick for only few Japanese media for a reason, he mentioned the reason during his press conference. People who follow Japanese media can see that most Japanese media focus only on how his escape.

12 ( +13 / -1 )

@Asiaman7

Ghosn has not only documents but also Legal experts. Where are the Tokyo University professors supporting the prosecutors’ claims?

“I have my doubts,” he said about the charges related to pay, saying that such remuneration would have to be proposed by the board and approved by shareholders, according to Japanese company law.

The problem is that since Prof Tanaka met with Ghosn's lawyers (in December 2018), an army of specialised securities lawyers at the US Securities and Exchange Commission have reviewed the evidence provided by Japanese prosecutors and decided that it did amount to a crime (at least under US law) and they charged Ghosn, Kelly and Nissan with fraudulently concealing the compensation. Ghosn ended up agreeing to a settlement last September where he'll pay a $1 million fine and be barred from holding any directorships for 10 years. American law is obviously not exactly the same as Japanese law, but the way that financial reporting laws have been harmonized across global financial markets would make it problematic if Tanaka's doubts turn out to be correct. In any event, the reporting charge is the least serious accusation that Ghosn is facing.

From the SEC:

Ghosn and his subordinates, including Kelly, crafted various ways to structure payment of the undisclosed compensation after Ghosn's retirement, such as entering into secret contracts, backdating letters to grant Ghosn interests in Nissan's Long Term Incentive Plan, and changing the calculation of Ghosn's pension allowance to provide more than $50 million in additional benefits.

I have to wonder whether Prof Tanaka's opinion was based on this full set of facts available to the SEC, or on a more limited set of much rosier facts as presented by Ghosn and his lawyers at the time.

https://www.sec.gov/news/press-release/2019-183

7 ( +11 / -4 )

I believe Ghosn’s remark that he can have a fair trial in Lebanon. The country is so corrupt that its judiciary always favors the rich and powerful. Meanwhile I’m still appalled by the breathtaking incompetence of Tokyo prosecutors in letting Ghosn flee to another country, making themselves a laughing stock abroad and no one’s taking responsibility.

-7 ( +7 / -14 )

 I’m still appalled by the breathtaking incompetence of Tokyo prosecutors in letting Ghosn flee to another country, making themselves a laughing stock abroad and no one’s taking responsibility.

Not only that Minister of Justice also make statement that Ghosn should “prove his innocence" that which she changed later. That just showing the fact about Japanese hostage justice system as mentioned by Francois Zimermay.

http://www.asahi.com/ajw/articles/AJ202001100075.html

9 ( +14 / -5 )

Japan’s justice minister Mori said:

Ghosn has intended to “spread false recognition around the world about Japan’s legal system,” and that compelled the ministry to respond quickly “in order to gain an accurate understanding about Japan’s system.”

Now there’s Japan’s way of handling foreign pressure in a nutshell. It is not Japan that needs to reflect on and fix a fundamentally broken system, it is other countries that simply "don’t understand Japan"

I hope Ghosn has enough evidence to prove what a sham the Japanese justice system is. Maybe even prove the blatant collusion between the corrupt and guilty prosecutors with the court.

15 ( +22 / -7 )

Keeps getting better

10 ( +10 / -0 )

The country is so corrupt that its judiciary always favors the rich and powerful. 

Sadly, I can't think of any country in the world where the above does not apply. Do the poor and powerless make and enforce the law? Democratic systems do help to mitigate the scale of injustice, but the deck is always stacked in favor of the wealthy with political connections and cover (which Ghosn no longer enjoys in Japan). BTW, the Japanese words for "justice" and "politics", save for one small consonant, sound identical.

-6 ( +4 / -10 )

Ghosn: Put up or shut up.

-5 ( +9 / -14 )

From what has been reported IMO the take is he made lots of currency, too much for just one CEO. Highly overpaid and overrated. With all the funds he has paid out and still has that much money left, the money trail is definitely suspicious.

-4 ( +6 / -10 )

Time that Japan moves away from its Edo era confession based legal system.

9 ( +16 / -7 )

Asiaman7Today 07:14 am JST

“I have my doubts,” he said about the charges related to pay, saying that such remuneration would have to be proposed by the board and approved by shareholders, according to Japanese company law. “It’s difficult to say it was a done deal that he would have received the compensation, so it probably can’t be charged as falsifying records. I think quite a few legal scholars would have that opinion.” — Wataru Tanaka, Tokyo University, Department of Comparative Contemporary Law

Typical academic opinion. Basically, what this is saying is that even if everyone in the know (insiders) expects the expenditure (Ghosn's income is at Nissan's expenditure), they can deny its existence as long as the formalities have not been finished and/or the money is not actually transferred.

Expected expenditures are never a done deal. Even if you owe a loanshark 10 million dollars due tomorrow, he MIGHT just forget to come pick it up. You might also choose to not pay it and try escaping the country instead. Does that mean it's not an expected expenditure?

The entire purpose of the financial report is so that investors are fairly informed of the financial situation and general health of the company. Expenditures and liabilities in particular must be reported.

Suppose that the expenditure is one that will spell the doom of the company when it hits, which is due on the day after the report's promulgation. According to Tanaka, if the formalities were not finished and the money is not yet transferred, it does not have to be put in the report as an expenditure. How happy would you be if you were a shareholder?

You won't be happy. In fact, you might be screaming as to whether it was impossible to have noticed this expenditure and have it put on the previous report, so you actually have time to do something.

-5 ( +6 / -11 )

"Hence, it belongs to the prosecution to prove guilt and not to the accused person to prove...innocence," it said, adding that the Japanese justice system "ignores these principles," although Tokyo has ratified the treaty.

Asserting that the Japanese "hostage system" aims to "crush the accused and not to seek truth through a fair and balanced dialogue," the lawyer said, "Mr Ghosn was one of many victims in this system."

In fact, Japanese paralegals and academics have called on the government to do away with the "hostage justice" system- http://www.asahi.com/ajw/articles/AJ201904110045.html

[ The intense spotlight thrown on Japan's "hostage justice" system by the arrest of Carlos Ghosn led 1,010 lawyers and scholars to submit a petition to the Justice Ministry on April 10 to end the practice.

Under Japan's criminal justice system, long a target of criticism both overseas and at home, suspects are held in detention longer if they continue denying allegations made against them.

Well-known criminal lawyers, scholars and a former judge initiated the petition in early March. ]

The problem is that most of the Japanese media refuses to elaborate on this.

12 ( +15 / -3 )

If he was overpaid and overrated, why wasn't this handled? Surely this is something that should be handled internally. It's not something that concerns the nation. The handling of this issue by the Japanese "justice" system is rather like using a power saw to cut a matchstick in half.

Invalid CSRF

Invalid CSRF

9 ( +13 / -4 )

And, the Japanese prosecutors have plenty of ways to discredit and disallow said documents as evidence..

@Chip Star - How do you know this?

How do you know they don't? My speculation is based on the current legal system of Japan and how the manipulate or disallow evidence. Your comment is an attempt to be contrary, which is pretty baseless.

-8 ( +2 / -10 )

 I’m still appalled by the breathtaking incompetence of Tokyo prosecutors in letting Ghosn flee

It is Tokyo District Court's, not Tokyo prosecutors' fault.

time that Japan moves away from its Edo era confession based legal system.

Confession is not considered evidence in Japan.  With or without confession you can be convicted with evidence.

-6 ( +6 / -12 )

Would it be much better if Ghosn had submitted these documents to the court long ago ? He wouldn't be a fugitive now and he wouldn't be arrested then if he had done that day one.

--Judge Akie

-12 ( +3 / -15 )

@Kazuaki, the renumeration is not a done deal, hence difficult to use it to charge anybody. If ever it is finalized, it will be in the financial reports but it is not. As with future expenses, you cannot claim future profits either. If you follow your own logic, if ever the expenditure which was not paid was cancelled, does that mean the shareholder won't be happy?

9 ( +9 / -0 )

I like Ghosn and want to believe him, but come on already! Give us the dirt!

Impotent CSRV

3 ( +4 / -1 )

Even if we give Carlos the benefit of the doubt that this money is not a kickback from the millions out of the CEO reserve that Nissan paid to Middle-eastern dealers in sales and marketing incentives, Ghosn still has a fiduciary duty to fully disclose and account for any external dealings with Nissan clients.

I wonder if it's dawned on you that "Carlos" is no longer CEO of anything, is on the lam, and has shrugged off any fiduciary duty he may have had to the Japanese corporation he headed for 17 years by jumping bail and leaving Japan. He had a duty to honour his bail conditions, having requested and been granted bail; to allow his lawyers in Japan to do the job he had engaged them for instead of wrong-footing them; and to pay them in full for their work. He may already have or may yet honour the final item in that list, though I certainly wouldn't bet on it; he has certainly violated the other two.

-11 ( +1 / -12 )

Confession is not considered evidence in Japan

Thanks for the laugh.

11 ( +11 / -0 )

"Since the Universal Declaration of Human Rights was adopted here, in Paris, in 1948, the presumption of innocence, respect of dignity and rights of defense have been essential components of what constitute a fair trial."

"Hence, it belongs to the prosecution to prove guilt and not to the accused person to prove...innocence," it said, adding that the Japanese justice system "ignores these principles," although Tokyo has ratified the treaty..

This is it. Does the Justice Minister know the burden of proof is on the prosecution and not on the accused? What kind of upside world is she living in if she thinks the onus of proof is on the accused.

15 ( +16 / -1 )

...or at least more evidence of his innocense than the prosecutors' office had of his guilt, in any case...

6 ( +6 / -0 )

redmango, thanks for sharing the hakamada case. sad the jurisdiction remains the same.

2 ( +3 / -1 )

i am sure if ghosn submitted documents to prosecutors in japan - ending result:

disappeared or ignored.

10 ( +12 / -2 )

"Since the Universal Declaration of Human Rights was adopted here, in Paris, in 1948, the presumption of innocence, respect of dignity and rights of defense have been essential components of what constitute a fair trial."

"Hence, it belongs to the prosecution to prove guilt and not to the accused person to prove...innocence," it said, adding that the Japanese justice system "ignores these principles," although Tokyo has ratified the treaty.

If you accuse a suspect, it’s your responsibility to provide the evidence. The burden of proof lies with you. This is how Ghosn’s case will educate Japan.

If you’re going to grant bail, it’s your responsibility to look after the suspect and make sure he does not leave the country.

Japan’s failure to execute the above has created this mess Luckily Japan, through this saga, can learn from its mistakes and make sure the people of Japan, when accused, are not forced to confess and are treated humanely.

8 ( +11 / -3 )

Prosecutors removed evidence in a raid on Ghosn's apartment early last year. How easily they forget!

12 ( +14 / -2 )

Expected expenditures are never a done deal. Even if you owe a loanshark 10 million dollars due tomorrow, he MIGHT just forget to come pick it up. You might also choose to not pay it and try escaping the country instead. Does that mean it's not an expected expenditure?

That's really different, in case loan with loan shark you already made a deal that you need to fulfill. While for Ghosn's case that expected expenditures not even yet decided and finalized yet. You can check his press conference.

7 ( +8 / -1 )

Order To Do List for Ghosn.

Prove the financial misconduct charges are false (consultancy fees to sister, donations to a university in Lebanon, buying a home in Rio de Janeiro and many more ) by showing the evidence.

Criticize the Japanese Judicial System.

Do task one first, stop sidetracking about how great you were in Japan and how badly you were treated after you were arrested.

More people will start to believe in you after you show proof, but for now, you are just a greedy businessman running away by criticizing a judicial system that needs to be updated!!

-6 ( +4 / -10 )

@sakurasukiToday  01:41 pm JST

I did hear this part of the conference and find it weak. Again, remember that the primary purpose of the law is to ensure that investors are fairly informed. Again I return to the scenario I laid out above. Would you appreciate or even understand not being informed about an expenditure that would mean the end of the company (and thus the loss of your investment) on the excuse that technically it has not been finalized, so they are not completely sure if it is (for example) 800 million or 1 billion?

I think what you would expect is the amount written out on your report as either 1 billion (to be conservative), 800-1000 million, or AT LEAST 800 million. Not it did not appear.

People have asked as to whether Tanaka was aware of all the facts when he gave his opinion, but even the facts given to him is pretty damning. Ghosn's lawyers have quietly given up on trying to say he didn't expect it or he had no knowledge about it or any such thing that might really exonerate him, but asked for a law interpretation on a technicality that all the procedures were not completed and the precise amount not yet locked in.

-8 ( +2 / -10 )

quercetum:

If you accuse a suspect, it’s your responsibility to provide the evidence. The burden of proof lies with you. This is how Ghosn’s case will educate Japan.

Yes. The Japanese justice system has egg on its collective face.

If you’re going to grant bail, it’s your responsibility to look after the suspect and make sure he does not leave the country.

No. That can´t possibly the definition of bail. Bail precisely implies that you do NOT have the "responsibility to look after the suspect". If that was the case, you would keep him locked up.

7 ( +9 / -2 )

I did hear this part of the conference and find it weak.

Lot people expecting that they will get everything clear in such limited time press conference. During press conference, Ghosn said that he'll provide proof to press sometimes in the future.

Again, remember that the primary purpose of the law is to ensure that investors are fairly informed.

Still it's not fixed yet and subject to change that's why they choose not to disclose that.

2 ( +5 / -3 )

How do you know they don't? My speculation is based on the current legal system of Japan and how the manipulate or disallow evidence.

So, you have no actual evidence that the prosecution could shred Ghosn evidence or impugn it’s credibility.

Your comment is an attempt to be contrary, which is pretty baseless.

Sorry to disappoint you, but this assumption is as faulty as your assumption that the prosecutors in this case could block or shred Ghosn evidence.

-7 ( +2 / -9 )

Confession is not considered evidence in Japan.

Utterly incorrect.

3 ( +9 / -6 )

Disillusioned: "And, the Japanese prosecutors have plenty of ways to discredit and disallow said documents as evidence.."

Yes, but first they'll just try to avoid reporting on it completely and put gag orders on the media. Then when it gets out anyway they'll do as you say. Then when THAT gets out anyway they'll cry victim.

6 ( +8 / -2 )

The judge determines the admissibility of evidence.

The judge in Japan is only a tool for the prosecutors.

16 ( +17 / -1 )

So, you have no actual evidence that the prosecution could shred Ghosn evidence or impugn it’s credibility.

Yes, 99.9 percent conviction rate it's pretty safe to assume there is a lot of corruption on the Japanese side.

13 ( +15 / -2 )

Confession is not considered evidence in Japan. With or without confession you can be convicted with evidence.

Yes it is. Confessions are considered to be the king of evidence and once given, they cannot be retracted. The government can start legal reforms simply by allowing confessions to be retracted once a person goes to trial. This would be a great first step.

8 ( +9 / -1 )

Remember Goshn has been out for 10 days or so !

And no help from legal justice organisations, yet.

Legal Japanese system will be crushed by one person.

8 ( +10 / -2 )

Yes, 99.9 percent conviction rate it's pretty safe to assume there is a lot of corruption on the Japanese side.

99.4 to be exact.   USA is 97 percent, so not much difference.  Besides, Japan's indictment rate is very low, which means high likelihood you wouldn't be charged even if arrested.  Over all, Japan's conviction rate is about the same or lower than other countries.

-1 ( +6 / -7 )

tinawatanabeToday  05:33 pm JST

Yes, 99.9 percent conviction rate it's pretty safe to assume there is a lot of corruption on the Japanese side.

99.4 to be exact.  USA is 97 percent, so not much difference. Besides, Japan's indictment rate is very low, which means high likelihood you wouldn't be charged even if arrested. Over all, Japan's conviction rate is about the same or lower than other countries.

Yep. Those still referring to 99.(whatever) conviction rate in Japan (including this rat, Ghosn himself at his entertainment show ) is one or more laps behind (in a race).

-7 ( +3 / -10 )

Criticizing + BS-ing Japanese justice system, and defending Ghosn as an innocent victim of such system is totally and absolutely two different behaviors.

-7 ( +2 / -9 )

I see things differently. For me Ghosn has proven himself enough to show he has a case. The court of world opinion is where it all stands. That's the future Japan's looking at. Ms. Morí shot herself in the foot demanding Ghosn prove his innocence, in effect telling the world Ghosn's accusations are correct. The fact that she withdrew her twitter & amended it notwithstanding. The reporter interviewing him at a Japanese press conference proved he was more than a simple reporter when he too spoke of a visitor to Ghosn's home. It was not public information. How would a reporter know? I can't find the interview on line. Too damaging. The true media has yet too come out. The dust is still in the air.

6 ( +7 / -1 )

@M3M3M3

Apparently you didn't watch the Ghosn press conference where he outlined his side of the story and obliterated all the charges against him. You keep citing and quoting only the Japanese prosecutors side. Ghosn explained that no compensation was given to him. They charged him for not reporting compensation that was never given to him in the first place. He even showed several documents proving it.

3 ( +8 / -5 )

If Ghosn was in court, he didn't have to "prove his innocence".  But he was in press conference and he said he would "prove his innocence".  So I wouldn't blame Ms.Mori so much.  Maybe she is getting old.

-4 ( +3 / -7 )

"on Friday, the Japanese justice minister who said that Ghosn should "prove" his innocence"

Corrected by the Lawyer, Apologies from miss Mori.

No country whether we like it or not deserves such incompetence ... admitting at top level that just no one is following the laws and basic concepts they should ensure are applied... Just before the Olympics xD

This Ghosn story whether he is innocent or not is going to be the main topic for Japan with Olympics in 2020.

What a communication fail ...

Probably many foreigners will hesitate to come here, especially high profile. Bad timing too.

-1 ( +4 / -5 )

More responsibility should be placed on the people of japan.the judicial system has exposed them

5 ( +8 / -3 )

So I wouldn't blame Ms.Mori so much. Maybe she is getting old.

Oof!

4 ( +5 / -1 )

So I wouldn't blame Ms.Mori so much. Maybe she is getting old.

No, not old age. The mistake Ms. Mori made was showing was her true feelings (and that of the government) Within Japanese culture the population is trained to keep "harmony" by not showing their true feelings. Her reply in her position should be neutral and say "we will look and reflect seriously into the issues Mr. Ghosn mentioned. "

9 ( +10 / -1 )

Sometimes it is correct to say no. This is what Ghosn is doing, saying no to the JPN judicial system. I and many in the world admire him for taking this stance and having the ability to do so.

6 ( +9 / -3 )

ILoveCoffee, “Ghosn explained that no compensation was given to him. They charged him for not reporting compensation that was never given to him in the first place.”

You seem to have missed the salient point. Of course that compensation was never given to him.....yet. It was deferred compensation (to be paid to him after retirement). And such compensation is required to be reported in the compensation amounts stated on official securities reports.

5 ( +5 / -0 )

Let them fight it out in a court then

Ghosn will show his documents, and Japan will show theirs

Let's see what comes out

4 ( +4 / -0 )

Asserting that the Japanese "hostage system" aims to "crush the accused and not to seek truth through a fair and balanced dialogue," the lawyer said, "Mr Ghosn was one of many victims in this system."

Ghosn’s lawyer succinctly clarifies what is fundamentally wrong with Japan’s justice system. Mori’s assertion that Ghosn needs to prove his innocence reveals that Japanese prosecutors avoid the burden of proof. Instead we see a system that utilizes various types of emotional, psychological, and even physical abuse to force confessions from people “suspected” of a crime.

Japanese prosecutors can try to defend this system as “Japanese tradition”, but the fact is the system is unjust and needs drastic reform.

2 ( +5 / -3 )

While for Ghosn's case that expected expenditures not even yet decided and finalized yet. You can check his press conference.

His talking in public would be an evidence to check ? Even if, re-listen, get the transcript and translation, he says (not exact quote, he repeated) "lawyers have seen the contracts... so that proves I did not try to do anything illegal". Translation : "I, Carlos Ghosn confirm the contracts exist. I knew. I did it myself. " .

He himself confirms the existence of the documents used by J_prosecutors and SEC. And he confirms they were hidden to him and his defense.

Why in hell would prosecutors need a forced confession when the man is willing to organize his own public confession ? Whether he could see Carole or not, the documents exist.

About the contracts ;

You don't seem to have read the SEC claim (PLEASE DO. It is the one official document we can access to. ). Ghosn made his employees write contracts deciding for future payments. It's IOUs, promise of paying a debt. A debt as certain as taxes.

He got all documents signed by the necessary persons (without informing them of one or two "details"). That makes them valid.

The kind of "details" is some contracts benefited himself mostly (you write "compensation for the W-project team members", without saying only team member is called Carlos G. ).

Neither the lawyers that he hired to write the text and the persons that signed were aware they were helping a big scale fraud. A few of the employees, those preparing the docs knew that was "weird" (see in the SEC report there are the tables of income official/concealed. It's crazy). They obeyed to orders.

They could do what the employees that knew they obeyed to conman ? Refuse and get fired ? Resign and pay the high cost of it ? Be whistle blowers ? A few did. And now they get ex-boss reading their names and telling to media they are evil people doing the mortal sin of "collusion with prosecutors". It's not bullying what he does ?

I thank the courageous Nissan employees that are helping authorities at investigating Ghosn's crimes.

-4 ( +2 / -6 )

Japan you've definitely bitten off more than you can chew. Good job! I experienced a little of your crazy "justice" system in the family court. What a farce that was!

4 ( +6 / -2 )

hopefully exposure of documents can help greg kelly as well. he was mistreated as well.

4 ( +5 / -1 )

@koskuri, M3M3M3, and Shimazaki-san

The SEC investigation was completed in less than eight months. And what were the Japanese prosecutors doing at the time the SEC was wrapping up its investigation?

Well, according to the New York Times, the Japanese prosecutors were engaged in petty harassment claiming to the court that Ms. Ghosn’s criticism of Japan’s criminal justice system “constituted a form of witness tampering,” and therefore Mr. Ghosn should not be allowed to have any contact with his wife.

Months later, the prosecutors had still not set a trial date, and according to many sources were planning to try each charge separately, preventing Ghosn from interacting with his wife for multiple years.

The behavior of the Japanese prosecutors is simply undefendable.

2 ( +5 / -3 )

I don't think the Japanese authorities care if Ghosn has facts to prove whether he is innocent or not. In Japan, if they tell you that you are guilty then you are supposed to believe that you are indeed guilty regardless. And unfortunately this is deeply ingrained into the Japanese psychology. Ghosn is not a Japanese and therefore an anomaly. It doesn't matter what evidence he presents the Japanese system will always be in denial and insist on his guilt.

3 ( +5 / -2 )

@Asiaman7Today 06:50 am JST

You know, Ghosn could have ended a lot faster in Japan if he had agreed to the charges. They might even give him a kiso yuyo rather than dragging him to court if he agreed to quit and "voluntarily" pay back money - after all, that's what he effectively ended up doing with SEC.

-2 ( +2 / -4 )

I would like to point out that Japanese laws and American laws might differ so what the SEC fined Ghosn for might not be illegal in Japan. What is considered 'unethical' may unfortunately still be legal after all.

It needs to go to trial, and be a fair one at that

1 ( +2 / -1 )

LOL! Now Japan has to "put up or shut up!" Pathetic incompetent prosecutors!

In Japan, prosecutors are not obligated to share evidence with the defense, so prosecution has access to all the resources of the government including the police investigation and the defense does not.

The defense has to beg or hire professionals with connections to the police to gather evidence. It is rigged from the beginning to favor the prosecution!

Russia, China and NK must be so proud!

-1 ( +3 / -4 )

wobot, “I would like to point out that Japanese laws and American laws might differ so what the SEC fined Ghosn for might not be illegal in Japan.”

My earlier comment that deferred compensation is required to be reported in the compensation amounts stated on official securities reports is in reference to the Japanese regulations.

Invalid CSRF

2 ( +2 / -0 )

won't matter if he has irrefutable evidence of his innocence the Japanese legal racket is so skewered it will ignore all evidence.

1 ( +2 / -1 )

won't matter if he has irrefutable evidence of his innocence the Japanese legal racket is so skewered it will ignore all evidence.

That's why he's never setting foot in Japan again.

0 ( +2 / -2 )

Japan you've definitely bitten off more than you can chew. Good job! I experienced a little of your crazy "justice" system in the family court. What a farce that was!

I know two people who have experienced the "justice" system in the family court. Not positive experiences, that I can tell you.

3 ( +4 / -1 )

The system is obviously rigged when there is a 99 percent conviction rate.

1 ( +1 / -0 )

That's why he's never setting foot in Japan again.

What are his risks if he leaves Lebanon? He also has Brazilian and French passports. At his age maybe he can just live his retirement years in Lebanon if Lebanese authorities continue to leave him alone. The USA? No way! And at the same time, what will happen with ex-Green Beret Michael Taylor? Can the US make him go back to Japan since in Japan's eyes Taylor helped a fugitive? - which I think is a major crime. If you are wanted in Japan for stealing a pack of M&Ms but outside the country I don't think they will go to that trouble. But if you kill someone in Japan they will definitely. How about what Taylor did [which is somewhere between stealing a pack of M&Ms and murder] (Or Ghosn if he steps on US soil - or other non-Japan soil)?

-1 ( +0 / -1 )

If he has such evidence, release it to the public! Let everyone see the truth and put the Japanese "justice system" to shame.

0 ( +0 / -0 )

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