March 12, 2022: Saturday edition. Dear Sir,
It was a bittersweet decision. Former CEO Kelly, an American, intends to appeal. He was stated in the "Securities Report" that he "reported less" than the "reward" of former Nissan Chairman Carlos Ghosn. So he was accused of "violating the Financial Instruments and Exchange Act." The Tokyo District Court has sentenced former CEO Kelly to six months in prison and a three-year suspended sentence. Nissan Motor has announced that it will not appeal.
The Tokyo District Court found Kelly guilty of "the last year of 2017," while acquitting "other years," in a false statement of compensation allegedly made over multiple years. The lawyers said in a statement that they "take it as a matter of course" for the innocent part, while appealing that "the fact that they were guilty of the last year is clearly wrong and cannot be accepted." ..
In November 2018, the "former manager" of the "secretary's office", who was in charge of managing the compensation of former chairman Ghosn, agreed to a judicial transaction with the prosecution before the arrest of the former chairman and others. In the ruling, the testimony of the "former manager" of the "secretary's office" was not adopted because he received the most favorable treatment. However, the "former person in charge" of the "secretary's office" is "not prosecuted" and is treated as innocent. It's unfair. It's crazy.
Former Chairman Ghosn escaped in an interview with NHK last October, saying, "I was convinced that the Japanese judicial system could not receive a fair trial, and I had to leave Japan to protect myself." Claimed to be legitimate. Also, for Kelly, Mr. Kelly is innocent. He did not "confess as the prosecution wanted." Mr Kelly was charged in a very unfair way.
The main issues are: (1) Did Ghosn have any unpaid compensation? (2) Is it a false statement that he did not list the remuneration in the securities report? (3) Did Ghosn and Kelly collude? The "issue" of "Financial Instruments and Exchange Law violation" is "Yes" or "No" for "false statement". However, the ruling says "Yes" to the "false statement". It deviates from the logic of the law.
The Financial Instruments and Exchange Act clearly separates "false statements" from "non-statements." Writing false numbers or sentences about important information that influences the judgment of investors is "false statement". Not writing is "not stated". Professor Wataru Tanaka of the University of Tokyo testified. "I don't think it's a false statement," he said. Nissan's report is "not stated". The reports of many companies are "not listed". I think "Tanaka's testimony cannot be ignored." Former CEO Kelly should appeal and fight Japan's "abnormal judiciary."
Part 1. Former CEO of Nissan Kelly convicted "collusion for one year only"
The ruling said, "Former Chairman Ghosn, who has the authority to decide the amount of remuneration, instructed the former secretary's office manager to pay the total amount of remuneration and the amount of remuneration actually paid.
https://www3.nhk.or.jp/news/html/20220303/k10013511081000.html
Former Nissan Motor Chairman Carlos Ghosn (67)'s executive compensation misstatement case was decided on the 3rd by the Tokyo District Court, which also showed a cautious attitude toward judicial transactions, and former CEO Greg Kelly (65) was appointed. The judge managed to condemn him "guilty." It is likely to affect the judicial system in the future. https://mainichi.jp/articles/20220303/k00/00m/040/226000c
Former Nissan Officer Judgment on March 3 Issues such as the presence or absence of unpaid remuneration
https://www.sankeibiz.jp/article/20220228-5O6TIGOARBOO3I4XGKLUNJOSBE/
The University of Tokyo's professor said in court that it was "not a false statement"
https://news.goo.ne.jp/article/toyokeizai/life/toyokeizai-430516.html
I will write tomorrow, too.
Part 2 See below for the "false charges" of the 2010 "crimes of support for immigration law violations"
The amendment of the Immigration Control Act in January 2017 states that "I am not guilty" as the reason for the amendment.
Reason: Amend from "cannot be punished" to "can be punished".
http://www.visa-daiko.com/topics/5297/
It is a false charge. However, the Japanese government has not yet apologized.
See below for the indictment. (Japanese)
https://blog.goo.ne.jp/nipponnoasa/e/c9639cd8d9ab6f7d734bdbb61511a31e
See below for the indictment. (English translation)
http://www.miraico.jp/ICC-crime/2Related%20Documents/%EF%BC%91Indictment.pdf
Japanese.
https://blog.goo.ne.jp/nipponnoasa/e/f47a69183287f42bf0b6464aedb098cc
English language.
https://blog.goo.ne.jp/nipponnoasa/e/58d63abf2802f3a9535e5c86fd2387a0
Part 3 Construction of special zones.
"Special Zone of Algeria" by "EU", "Special Zone of Mexican Border" by the United States,
"Australia's special zone" by the new TPP (IPP), Japan's "Okinawa's special zone" ....
The "special zone" "accepts" refugees and poor people as "provisional migrants."
They "separate" from "workers in developed countries".
Developed countries can "manufacture" cheaper than Chinese products by "employing" "provisional immigrants."
Making a product that can beat Chinese products will weaken the Chinese army ...
English, Japanese, French, German
https://naganoopinion.blog.jp/
In Part 4 and below, past posts are being organized into the following blogs.
Many department logs are still under construction.
Part 4 Japan's serious human rights violations
https://humanrightsopinion.blog.jp/
Part 5 Development of (COVID-19) Instantaneous Sensor
"PCR test" takes time. We should develop an "inspection system" that instantly "identifies" the "infected person" like thermography.
https://covid-19-sensor.seesaa.net/
Part 6 Taiwan Defense: Okinawa Marines should be relocated to Taiwan
https://taiwan-defense.seesaa.net/
Part 7. One coin union & Yachae NISSAN
https://onecoinunion.seesaa.net/
Part 8 Nagano opinion
CO2-free SDGs o2 international issues, etc.
https://naganoopinion.seesaa.net/
Very truly yours.
Yasuhiro Nagano
