AP Explains: Nissan’s ex-chair spending Christmas in custody

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TOKYO (AP) — Nissan Motor Co. former chairman Carlos Ghosn, charged with monetary improprieties and detained in Tokyo for greater than a month, has additionally been accused of a breach of belief that precipitated a multi-million-dollar monetary loss for Nissan.

Hypothesis that he might go away on bail surged on Thursday after a court docket rejected prosecutors’ request for prolonged detention. The recent allegation dashes his hope for a fast launch, forcing him to spend Christmas at Tokyo’s important detention middle. A take a look at what’s going on and what might occur subsequent:

Q: WHAT IS THE NEW ALLEGATION?

A: Prosecutors on Friday accused Ghosn of a breach of belief inflicting Nissan a monetary lack of greater than 1.eight billion yen ($16 million). The allegations signify a 3rd potential cost in Ghosn’s case. Prosecutors say Ghosn allegedly manipulated a contract to shift a loss from a non-public funding throughout the Lehman disaster onto Nissan’s books. He additionally allegedly had Nissan switch $14.7 million to a different firm owned by somebody who helped him in that manipulation in a breach of the corporate’s belief, prosecutors say. The newest allegation doesn’t have an effect on Greg Kelly, one other Nissan board member charged with underreporting Ghosn’s revenue by about 5 billion yen ($44 million) in 2011-2015.

Q: HOW MUCH LONGER WILL HE BE IN FOR?

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A: Including an allegation to an current case is named “saitaiho” in Japanese, or to re-arrest, even when a suspect is already in custody. Japanese police and prosecutors routinely add new allegations to elongate a defendant’s time behind bars, since every allegation could add as much as 20 days. The tactic is criticized from inside and out of doors Japan as “hostage justice.” Friday’s new allegation would enable prosecutors two days earlier than searching for a probable court docket approval of extending Ghosn’s detention as much as 20 extra days, which means he must keep within the Tokyo Detention Home till Jan. 11, well past Christmas and New Yr holidays, most definitely with out turkey or pumpkin pie. However his right-hand man, Kelly, could also be launched as early as Christmas, with a request for bail filed Friday by Kelly’s lawyer pending court docket approval.

Q: WHAT ARE CHARGES HE ALREADY FACES?

A: To date, Ghosn and Kelly are charged with underreporting Ghosn’s pay by about 5 billion yen ($44 million), in violation of the Monetary Devices and Trade Act. Additionally they face a second allegation of underreporting one other four billion yen ($36 million) for 2016-2018, for which their first 10-day detention expired on Thursday. Prosecutors have been criticized for separating the identical allegations into two components as a tactic to double their detention time.

Q: HOW COMMON ARE LONG DETENTIONS IN JAPAN?

A: Ghosn’s greater than a month in detention remains to be quick in comparison with some previous high-profile instances. Critics say defendants who refuse to confess to the allegations are typically detained longer. In 2002, parliamentarian Muneo Suzuki was detained for 437 days over bribery expenses earlier than he was launched on bail. In 2009, a senior well being ministry bureaucrat, Atsuko Muraki, was detained for 164 days in alleged violation of postal providers legislation. She was later acquitted. In 2006, an web startup maverick Takafumi Horie, charged with fraudulent accounting, was detained for 95 days.

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Comply with Mari Yamaguchi on Twitter at https://www.twitter.com/mariyamaguchi

The Related Press contributed to this report.

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