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December 21st will be remembered as a turning point in the investigation of Carlos Ghosn, imprisoned in Japan on the pretext that he caused a financial loss to Nissan. He had obtained a new arrest warrant against Ghosn, this time for multiple suspicions of "special treason" (tokubetsu hainin), but had not done the same with his right arm, the American Gregory Kelly. is imprisoned in the same detention center in Tokyo, but should be released from prison soon
The distinct attitude of the prosecution with regard to one and the same. other gave rise to different interpretations. The superficial view of the events would be that the new prison of Ghosn was a desperate gesture on the part of the public prosecutor, which surprised everyone: the Tokyo court rejected Thursday (19) the request for extension of his detention [19659004] Some former prosecutors, such as the attorney Yoji Ochiai, believe that the real purpose of the prosecution was somewhat camouflaged: the main purpose was not d? to incriminate Ghosn for such falsification of forged income, to condemn him specifically for the acts of betrayal and financial losses that he would have caused over the years to the company he was serving, Nissan.
The charge of tax evasion would only be the starting point, a way to save time for evidence relating to the losses already caused to Nissan. This theory would help explain why the prosecution stopped Ghosn in November on a charge that could be refuted.
TWO ACCUSATIONS
Two serious charges motivated the new arrest warrant against the executive. The first is that he would have transferred to Nissan losses of about 1.8 billion yen from his personal investments (which occurred after the global financial crisis of 2008). According to the Yomiuri daily, the bank for which Ghosn ordered the transaction first requested that it be submitted to the Nissan board of directors for approval before Finally be transferred and transferred without this authorization.
It is striking that the penalty for special treason offenses lapses after 7 years. According to this logic, Ghosn would no longer be charged, but the prosecution claims that the crime has not yet been fixed, because he spends a large part of the year outside Japan (Ghosn has the Brazilian, French and Lebanese nationalities , and also commissioned Renault French).
The second charge is that he would have transferred a total of $ 14.7 million from a Nissan affiliate account to a well-known resident in Saudi Arabia. Illegal transfers allegedly took place between June 2009 and March 2012.
In the Japanese court system, "tokubetsu hainin" is generally used to incriminate members of the upper echelons of companies that exploit the badets of the enterprise for their own purposes. own profit and, thus causing damage to it. It provides for a fine of up to 10 years and a fine of up to 10 million yen, or both.
These amounts are exactly double those provided for ordinary employees who betray the employer. In the case of "Hainin" (betrayal), the punishment is five years imprisonment and 500,000 yen fine.
KELLY
Ghosn and Kelly have been imprisoned since November 19 under the same charge. financial fraud. Ghosn allegedly ordered the deliberate expulsion of information on his future earnings and Kelly would have executed his orders.
Both denied these charges, arguing that they were not a guaranteed income, but a prior agreement on the values to be given after leaving Nissan. . The experts chanted that the main problem at trial would be whether this product was a "non-legal promise" or a "valid commitment".
Kelly's lawyers have already filed a motion for release with the Tokyo District Court. Apparently, the United States did not have time to make their bail, which, according to prosecutor sources, usually only occurs on weekdays.
The following Monday (24) is a public holiday in the Japanese calendar. (In Japan, holidays are usually postponed until Monday to be able to make amends on weekends), everyone bets that Kelly will be released on Tuesday the 25th, as Christmas is not a holiday in the country. 19659002] As for Ghosn, he should stay until the 30th, but most are betting on the possibility that he spends the year in detention.
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