Based on the picture attached, 2. Ghosn was the CEO of Michelin North America, chairman and CEO of Renault, chairman of AvtoVAZ, chairman and CEO of Nissan, and chairman of Mitsubishi Motors. Ghosn was also the chairman and CEO of the Renault– Nissan–Mitsubishi Alliance, a strategic partnership among those automotive manufacturers through a complex cross-shareholding agreement. Evaluate whether Carlos Ghosn acted within his role and responsibly his capacity as Chairman and CEO of Nissan.

Essentials Of Investments
11th Edition
ISBN:9781260013924
Author:Bodie, Zvi, Kane, Alex, MARCUS, Alan J.
Publisher:Bodie, Zvi, Kane, Alex, MARCUS, Alan J.
Chapter1: Investments: Background And Issues
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Based on the picture attached,

2. Ghosn was the CEO of Michelin North America, chairman and CEO of Renault, chairman of AvtoVAZ, chairman and CEO of Nissan, and chairman of Mitsubishi Motors. Ghosn was also the chairman and CEO of the Renault– Nissan–Mitsubishi Alliance, a strategic partnership among those automotive manufacturers through a complex cross-shareholding agreement.

Evaluate whether Carlos Ghosn acted within his role and responsibly his capacity as Chairman and CEO of Nissan.

Financial wrongdoing allegations against Carlos Ghosn
BACKGROUND
Born in Porto Velho, Brazil, to a family of Lebanese immigrants, he was educated in Lebanon from the age of six before
studying engineering in Paris at the prestigious Ecole Polytechnique. He landed his first job at Michelin and was
poached by Renault in 1996, where he became known as Le cost killer for a radical restructuring that transformed the
French camaker. His objectives at Renault were clear from the start. "For the first time, I was signing on to a company
where my prospects were unlimited and my path lay open before me," he wrote in his autobiography.
In 1999, Renault rescued Nissan from near-bankruptcy in a deal that ultimately left it with a 43 per cent voting stake in
the debt-laden Japanese carmaker. It was a historic transaction struck at a dismal economic time for Japan. Ghosn, then a
vice-president at the French company, was sent to Tokyo. Many Nissan employees, who were losing faith in their own
management team, were mesmerized by his charisma. The now famous "Nissan revival plan", released just four months
after Ghosn was named the group's chief operating officer in June 1999, was widely acclaimed for its success in
transforming a troubled company into a profitable carmaker within a year.
The steps he took broke almost every taboo in Japan at the time: the closure of five plants, a cut of 21,000 jobs and a
tearing down of ties to the keiretsu, the business groups who underpinned Japan's postwar economic growth. Even his
fiercest critics acknowledge Ghosn's ability to deliver results, with his razor-sharp focus on performance and numerical
targets. "The initial V-shaped recovery was not achieved because he was a foreigner, but it was because he was Carlos
Ghosn," says Yutaka Suzuki, a former Nissan executive tipped to become the Japanese group's CEO before Ghosn took
the top job in 2000. "It was perfectly natural for him to seek proper compensation when he was sent to Nissan, but he
seems to have crossed the line with the various problems that have emerged since then."
FAST FORWARD
Carlos Ghosn, the ousted boss of the Renault-Nissan car-making alliance who was awaiting trial in Japan, flew into
Lebanon on Monday evening, France's Les Ech05 newspaper reported.
It was unclear how Ghosn, who holds both French and Lebanese citizenship, would have been able to leave Japan,
where he has been under strict court imposed restrictions on his movements.
Ghosn was being held in Tokyo's main detention center after allegations against him of financial misconduct. The
compensation packages for Ghosn, one of the most celebrated and well-paid leaders in the global auto industry, have
been a sore point among investors of the Renault-Nissan alliance which he helped launch in 1999. The scandal came
after Ghosn narrowly won a shareholder vote at Renault over his 7.4 million euro pay package for 2017. He had lost the
vote in 2016. The following are allegations made by Nissan and the media. There has been no public comment from
Ghosn on the allegations, and Reuters could not contact him or his lawyers for comments.
UNDER-REPORTED EARNINGS
Japanese prosecutors allege Ghosn and fellow board member Greg Kelly, who is also being held for questioning,
conspired to under-report by about half the 10 billion yen ($88 million) Ghosn earned at Nissan over five years from
fiscal 2010 in filings to the Tokyo Stock Exchange. Nissan declined to give further details about the under-reporting, but
the Nikkei business daily, citing unidentified sources, said Ghosn had received share price linked compensation of about
4 billion yen over a five-year period to March 2015 and it went unreported in Nissan's financial reports. The financial
reports also did not mention annual compensation of 100 million to 150 million yen Ghosn received from the
automaker's overseas subsidiaries, the newspaper said. The Wall Street Journal reported, citing people familiar with the
investigation, that Ghosn eamed 8 billion yen in what Nissan calls unreported deferred compensation in the eight years
that ended in Mfarch 2018. The structure was formulated in consultation with Kelly, and Ghosn told colleagues that if he
was set to receive the deferred money after retirement, it wouldn't have to be reported in Japanese regulatory filings, the
report said. The Asahi newspaper also reported, without citing sources, that Ghosn had understated his remuneration at
Nissan by around 8 billion yen in the eight years through the fiscal year that ended in March, including 3 billion yen
over the last three fiscal years.
Transcribed Image Text:Financial wrongdoing allegations against Carlos Ghosn BACKGROUND Born in Porto Velho, Brazil, to a family of Lebanese immigrants, he was educated in Lebanon from the age of six before studying engineering in Paris at the prestigious Ecole Polytechnique. He landed his first job at Michelin and was poached by Renault in 1996, where he became known as Le cost killer for a radical restructuring that transformed the French camaker. His objectives at Renault were clear from the start. "For the first time, I was signing on to a company where my prospects were unlimited and my path lay open before me," he wrote in his autobiography. In 1999, Renault rescued Nissan from near-bankruptcy in a deal that ultimately left it with a 43 per cent voting stake in the debt-laden Japanese carmaker. It was a historic transaction struck at a dismal economic time for Japan. Ghosn, then a vice-president at the French company, was sent to Tokyo. Many Nissan employees, who were losing faith in their own management team, were mesmerized by his charisma. The now famous "Nissan revival plan", released just four months after Ghosn was named the group's chief operating officer in June 1999, was widely acclaimed for its success in transforming a troubled company into a profitable carmaker within a year. The steps he took broke almost every taboo in Japan at the time: the closure of five plants, a cut of 21,000 jobs and a tearing down of ties to the keiretsu, the business groups who underpinned Japan's postwar economic growth. Even his fiercest critics acknowledge Ghosn's ability to deliver results, with his razor-sharp focus on performance and numerical targets. "The initial V-shaped recovery was not achieved because he was a foreigner, but it was because he was Carlos Ghosn," says Yutaka Suzuki, a former Nissan executive tipped to become the Japanese group's CEO before Ghosn took the top job in 2000. "It was perfectly natural for him to seek proper compensation when he was sent to Nissan, but he seems to have crossed the line with the various problems that have emerged since then." FAST FORWARD Carlos Ghosn, the ousted boss of the Renault-Nissan car-making alliance who was awaiting trial in Japan, flew into Lebanon on Monday evening, France's Les Ech05 newspaper reported. It was unclear how Ghosn, who holds both French and Lebanese citizenship, would have been able to leave Japan, where he has been under strict court imposed restrictions on his movements. Ghosn was being held in Tokyo's main detention center after allegations against him of financial misconduct. The compensation packages for Ghosn, one of the most celebrated and well-paid leaders in the global auto industry, have been a sore point among investors of the Renault-Nissan alliance which he helped launch in 1999. The scandal came after Ghosn narrowly won a shareholder vote at Renault over his 7.4 million euro pay package for 2017. He had lost the vote in 2016. The following are allegations made by Nissan and the media. There has been no public comment from Ghosn on the allegations, and Reuters could not contact him or his lawyers for comments. UNDER-REPORTED EARNINGS Japanese prosecutors allege Ghosn and fellow board member Greg Kelly, who is also being held for questioning, conspired to under-report by about half the 10 billion yen ($88 million) Ghosn earned at Nissan over five years from fiscal 2010 in filings to the Tokyo Stock Exchange. Nissan declined to give further details about the under-reporting, but the Nikkei business daily, citing unidentified sources, said Ghosn had received share price linked compensation of about 4 billion yen over a five-year period to March 2015 and it went unreported in Nissan's financial reports. The financial reports also did not mention annual compensation of 100 million to 150 million yen Ghosn received from the automaker's overseas subsidiaries, the newspaper said. The Wall Street Journal reported, citing people familiar with the investigation, that Ghosn eamed 8 billion yen in what Nissan calls unreported deferred compensation in the eight years that ended in Mfarch 2018. The structure was formulated in consultation with Kelly, and Ghosn told colleagues that if he was set to receive the deferred money after retirement, it wouldn't have to be reported in Japanese regulatory filings, the report said. The Asahi newspaper also reported, without citing sources, that Ghosn had understated his remuneration at Nissan by around 8 billion yen in the eight years through the fiscal year that ended in March, including 3 billion yen over the last three fiscal years.
REPORTED DENIAL
Japanese media reported that Ghosn and Kelly have denied allegations against them, claiming that part of Ghosn's
compensation had been put aside until he left the company and therefore was not subject to disclosure. NHK said that
Kelly told investigators that he had discussed the plan with other executives at Nissan. Ghosn has yet to make any
statement through his lawyers, while The Tokyo District Public Prosecutors remains tight-lipped about what they intend
to do with the former Nissan chief and his colleague. French Finance Minister Bruno Le Maire weighed in on Sunday
saying he had yet to see evidence to support allegations of wrongdoing.
Nada, Hari
A central figure at Nissan Motor Co. who was instrumental in the downfall of former Chairman Carlos Ghosn and a key
go-between in the automaker's talks with partner Renault SA is under pressure to leave the company following a pay
scandal, according to sources with knowledge of the matter. The push to oust Hari Nada, 55, which has the support of
Renault, may lead to him being forced to resign and could come as soon as a board meeting, the sources said, asking not
to be identified because the information isn't public. Nada is cooperating with prosecutors under a plea-bargaining
agreement in their case against Ghosn for financial crimes, people with knowledge of the matter have said. A lawyer
who studied in the United States and Japan, Nada is a senior vice president at Nissan and worked in the chief executive's
office under Ghosn and his successor, Hiroto Saikawa. Nada was recently implicated in a scandal at the company
involving excess stock linked compensation, which led to Saikawa's resignation last month. Nada is expected to be a
key witness in Ghosn's trial next year. "He will continuously be a Nissan member and he has no reason to leave,"
Nissan spokeswoman Azusa Momose said of Nada, and declined to make him available for comment. Nada didn't
respond to an emailed message seeking comment and didn't answer his phone when contacted by Bloomberg News. A
representative for Renault declined to comment.
A Malaysian-bon lawyer, Nada has been at Nissan since the 1990s and had worked closely with Greg Kelly, the other
Nissan executive arrested along with Ghosn in November. Ghosn and Kelly have denied all charges. Nada is said to
have been closely involved with many aspects of the chairman's compensation, serving as one of three administrators of
Zi-A Capital BV, a Dutch subsidiary of Nissan created by Kelly that purchased a house for Ghosn in Beirut. Nada was
also aware of documents proposing that payments totaling as much as $80 million be made to Ghosn after his eventual
retirement, sources have said. Prior to Ghosn's arrest, Nada and an administrator named Toshiaki Onuma were said to
have become concerned that some of what they saw might be criminal, and eventually approached the authorities.
Facing the risk of becoming subjects of interest in the inquiry, they secured cooperation agreements under new judicial.
rules allowing plea bargains in exchange for providing evidence against Ghosn.
Transcribed Image Text:REPORTED DENIAL Japanese media reported that Ghosn and Kelly have denied allegations against them, claiming that part of Ghosn's compensation had been put aside until he left the company and therefore was not subject to disclosure. NHK said that Kelly told investigators that he had discussed the plan with other executives at Nissan. Ghosn has yet to make any statement through his lawyers, while The Tokyo District Public Prosecutors remains tight-lipped about what they intend to do with the former Nissan chief and his colleague. French Finance Minister Bruno Le Maire weighed in on Sunday saying he had yet to see evidence to support allegations of wrongdoing. Nada, Hari A central figure at Nissan Motor Co. who was instrumental in the downfall of former Chairman Carlos Ghosn and a key go-between in the automaker's talks with partner Renault SA is under pressure to leave the company following a pay scandal, according to sources with knowledge of the matter. The push to oust Hari Nada, 55, which has the support of Renault, may lead to him being forced to resign and could come as soon as a board meeting, the sources said, asking not to be identified because the information isn't public. Nada is cooperating with prosecutors under a plea-bargaining agreement in their case against Ghosn for financial crimes, people with knowledge of the matter have said. A lawyer who studied in the United States and Japan, Nada is a senior vice president at Nissan and worked in the chief executive's office under Ghosn and his successor, Hiroto Saikawa. Nada was recently implicated in a scandal at the company involving excess stock linked compensation, which led to Saikawa's resignation last month. Nada is expected to be a key witness in Ghosn's trial next year. "He will continuously be a Nissan member and he has no reason to leave," Nissan spokeswoman Azusa Momose said of Nada, and declined to make him available for comment. Nada didn't respond to an emailed message seeking comment and didn't answer his phone when contacted by Bloomberg News. A representative for Renault declined to comment. A Malaysian-bon lawyer, Nada has been at Nissan since the 1990s and had worked closely with Greg Kelly, the other Nissan executive arrested along with Ghosn in November. Ghosn and Kelly have denied all charges. Nada is said to have been closely involved with many aspects of the chairman's compensation, serving as one of three administrators of Zi-A Capital BV, a Dutch subsidiary of Nissan created by Kelly that purchased a house for Ghosn in Beirut. Nada was also aware of documents proposing that payments totaling as much as $80 million be made to Ghosn after his eventual retirement, sources have said. Prior to Ghosn's arrest, Nada and an administrator named Toshiaki Onuma were said to have become concerned that some of what they saw might be criminal, and eventually approached the authorities. Facing the risk of becoming subjects of interest in the inquiry, they secured cooperation agreements under new judicial. rules allowing plea bargains in exchange for providing evidence against Ghosn.
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