Court extends detention for Nissan ex-chair Ghosn by 10 days

U.S. Court Watch

Former Nissan chairman Carlos Ghosn will be detained at least through Jan. 11, the Tokyo District Court said Monday, as the once revered auto industry figure faces allegations that have marked a stunning downfall.

Ghosn, who led Nissan Motor Co. for two decades and helped save the Japanese automaker from near bankruptcy, was arrested Nov. 19 on suspicion of falsifying financial reports. He also faces a breach of trust allegation, for which his detention had been approved previously through Jan. 1.

The Tokyo District Court said in a statement that it had approved prosecutors' request for a 10-day extension.

Ghosn has been charged in the first set of allegations, about under-reporting Ghosn's pay by about 5 billion yen ($44 million) in 2011-2015.

Those close to Ghosn and his family say he is asserting his innocence as the alleged underreported amount of money was never really decided or paid, and Nissan never suffered any monetary losses from the alleged breach of trust.

It is unclear when Ghosn may be released on bail. Tokyo prosecutors consider Ghosn, a Brazilian-born Frenchman of Lebanese ancestry, a flight risk.

In Japan, formal charges can mean a suspect will get detained for months, sometimes until the trial starts, because of fears of tampered evidence.

Another Nissan executive, Greg Kelly, was arrested on suspicion of collaborating with Ghosn on the under-reporting of income and was freed Dec. 25 on 70 million yen ($635,600) bail after more than a month of detention.

Kelly said in a statement released through his lawyers he had suffered while in detention because of his neck ailment and hoped to get medical treatment. He also said he was innocent and hoped to regain his reputation.

"I expect that the trial will start soon. I have not been involved in alleged false entry. I believe my innocence will be revealed in the trial," Kelly said.

Falsifying financial reporting is a serious crime in Japan, with a maximum penalty of 10 years in prison, a 10 million yen ($89,000) fine, or both. But some experts are puzzled that the allegations against Kelly and Ghosn are about underreporting income from Nissan. Nissan is in charge of filing such financial reports, not individual executives.

Past cases of companies and officials getting charged in Japan with falsifying such reports tend to be about misrepresenting company profits or other numbers that relate to the overall operations of the business, not executive compensation.

Related listings

  • The Latest: Macron: No new Brexit accord, ball in UK court

    The Latest: Macron: No new Brexit accord, ball in UK court

    U.S. Court Watch 12/14/2018

    French President Emmanuel Macron says the withdrawal deal on Brexit cannot be renegotiated and that it’s now up to the British Parliament to make the next move.Macron spoke Friday after an EU summit and a one-on-one meeting with British Prime M...

  • Supreme Court wrestles with case on detention of immigrants

    Supreme Court wrestles with case on detention of immigrants

    U.S. Court Watch 10/11/2018

    The Supreme Court wrestled Wednesday with a case about the government’s ability to detain certain immigrants after they’ve served sentences for committing crimes in the United States. Several justices expressed concerns with the governmen...

  • The Latest: 6 countries seek criminal probe of Venezuela

    The Latest: 6 countries seek criminal probe of Venezuela

    U.S. Court Watch 09/27/2018

    Six countries from the Americas say they are asking the International Criminal Court to investigate Venezuela's government for alleged crimes against humanity. It's the first time that member countries have referred another country to the Netherlands...

Nicholas C. Minshew - Minshew & Ahluwalia LLP

Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.