The line of defense of Carlos Ghosn against the Japanese justice

His line of defense is now clear. Carlos Ghosn, dismissed as president of Nissan on Thursday, November 22, defends charges of under-reporting his income before the Tokyo prosecutor's office, which earned him his custody since 19 November. According to the Japanese daily Asahi ShimbunCarlos Ghosn explained that he had not declared part of his income to the stock market authorities because his legal adviser had told him that this income, paid after his retirement, should not be included.

The amount involved is about five billion yen for five years, or about 39 million euros. Between 2010 and 2015, Mr. Ghosn declared an annual compensation of one billion yen for his position at the head of Nissan, instead of two billion yen, ensures the floor.

"I did not think it was illegal"

" [L’ancien directeur délégué Greg Kelly] told me there was no problem », he said during his interrogation, report sources to theAsahi Shimbun. "I did not think it was illegal", he added.

The prosecution considers that the shareholders should have been informed of the total remuneration and thus the one billion remuneration to be paid after retirement. According to Mr Ghosn, «The future payment [de cette rémunération] is not finalized or engaging. It was not my duty to declare it. "

Greg Kelly testified that he checked with outside legal counsel whether or not to report this compensation. According to Mr. Ghosn, it was Nissan who had imagined this deferred payment to avoid any criticism of the extent of his salary in Japan.

New revelations

In Europe, companies generally declare in their reference document, submitted to shareholders, the totality of remuneration, including all deferred payments, and in particular stock options and retirement.

In its defense, ensures World a source in Japan, "Executives do not take care of their own financial or tax returns. It is usually the company that deals with it. "

Beyond the defense of the former boss of Nissan in court, the Tokyo daily has evoked new revelations of abuse of property. In addition to the employment of his sister and the provision of residences by Nissan, a new case would concern Mr. Ghosn. In 2008, during the financial crisis, he would have made badume by Nissan some 1.7 billion yen (13.2 million euros) losses on personal investments.

The daily badures that when Carlos Ghosn's bank asked him for more guarantees on speculative investments made on foreign exchange in 2006, the manager used Nissan as guarantor. The group therefore had to absorb its losses of 13.2 million euros. The Japanese stock market authorities discovered this incident during a routine inspection that year, the report said.Asahi Shimbun.