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Carlos Ghosn Faces Japanese ‘Justice’ Carlos Ghosn Faces Japanese ‘Justice’
(about 5 hours later)
Until last Nov. 19, Carlos Ghosn was the stuff of legend — a citizen of Brazil, Lebanon and France who created a global car-making empire uniting Nissan, Mitsubishi and Renault and who regularly appeared on television and in glossy magazines. Since Nov. 19, Mr. Ghosn has been locked up in a small cell in a Tokyo detention center with a toilet in the corner, endlessly grilled by prosecutors without the right to have his lawyer present. Whatever Mr. Ghosn did or failed to do, this is not how justice is supposed to work. Until last Nov. 19, Carlos Ghosn was the stuff of legend — a citizen of Brazil, Lebanon and France who created a global car-making empire uniting Nissan, Mitsubishi and Renault, and who regularly appeared on television and in glossy magazines. Since Nov. 19, Mr. Ghosn has been locked up in a small cell in a Tokyo detention center with a toilet in the corner, endlessly grilled by prosecutors without the right to have his lawyer present. Whatever Mr. Ghosn did or failed to do, this is not how justice is supposed to work.
The charges against Mr. Ghosn (pronounced “Gohn”) are serious. He is accused of underreporting his income by more than $80 million over years and of moving personal trading losses temporarily onto Nissan books. In the immediate wake of his arrest, Mr. Ghosn was dismissed as chairman by Nissan and Mitsubishi, and he was subsequently forced out as chairman and chief executive officer of Renault, in the process losing tens of millions in pay and severance. Nissan is digging up more charges against Mr. Ghosn, and the Securities and Exchange Commission in the United States has launched its own investigation. The charges against Mr. Ghosn (pronounced “Gohn”) are serious. He is accused of underreporting his income by more than $80 million over years and of moving personal trading losses temporarily onto Nissan books. In the immediate wake of his arrest, Mr. Ghosn was dismissed as chairman by Nissan and Mitsubishi, and he was subsequently forced out as chairman and chief executive officer of Renault, in the process losing tens of millions in pay and severance. Nissan is digging up more charges against Mr. Ghosn, and the Securities and Exchange Commission in the United States has begun its own investigation.
The story is a modern take on classic tragedy, the spectacular rise and even more spectacular fall of a larger-than-life business baron. Mr. Ghosn’s arrest has generated reams of Japanese and foreign press reports on his wealth and extravagant life-style, including an elaborate wedding at the Palace of Versailles for which Renault purportedly paid part, and considerable speculation about a plot against him at Nissan, the Japanese automaker he restored to health but kept under the French umbrella of Renault. Though his total compensation might not shock Americans, it was considerably more than Japanese or French corporate chieftains make, which is offered as one reason he might have wanted to conceal the figures.The story is a modern take on classic tragedy, the spectacular rise and even more spectacular fall of a larger-than-life business baron. Mr. Ghosn’s arrest has generated reams of Japanese and foreign press reports on his wealth and extravagant life-style, including an elaborate wedding at the Palace of Versailles for which Renault purportedly paid part, and considerable speculation about a plot against him at Nissan, the Japanese automaker he restored to health but kept under the French umbrella of Renault. Though his total compensation might not shock Americans, it was considerably more than Japanese or French corporate chieftains make, which is offered as one reason he might have wanted to conceal the figures.
None of that, however, means that Mr. Ghosn, who insists he is innocent of all the charges against him, should be denied elemental legal protections, or bail. As the weeks have passed and Mr. Ghosn’s requests for bail have been rejected, that is exactly what the Japanese legal system seems to be doing.None of that, however, means that Mr. Ghosn, who insists he is innocent of all the charges against him, should be denied elemental legal protections, or bail. As the weeks have passed and Mr. Ghosn’s requests for bail have been rejected, that is exactly what the Japanese legal system seems to be doing.
Basically, Japan allows prosecutors to repeatedly extend the pretrial custody of defendants who refuse to confess, and to question them for days on end without the presence of their lawyers. Mr. Ghosn is not even allowed to take notes. The system boasts a 99 percent conviction rate, usually through confessions. Bail is generally reserved for defendants prepared to make a confession.Basically, Japan allows prosecutors to repeatedly extend the pretrial custody of defendants who refuse to confess, and to question them for days on end without the presence of their lawyers. Mr. Ghosn is not even allowed to take notes. The system boasts a 99 percent conviction rate, usually through confessions. Bail is generally reserved for defendants prepared to make a confession.
Carole Ghosn, Mr. Ghosn’s wife, wrote in an appeal to Human Rights Watch that “for hours each day, the prosecutors interrogate him, browbeat him, lecture him and berate him, outside the presence of his attorneys, in an effort to extract a confession.” In an open letter to Japanese authorities published in the French newspaper Le Monde last month, 50 French lawyers accused Tokyo prosecutors of trying to obtain a “forced confession.”Carole Ghosn, Mr. Ghosn’s wife, wrote in an appeal to Human Rights Watch that “for hours each day, the prosecutors interrogate him, browbeat him, lecture him and berate him, outside the presence of his attorneys, in an effort to extract a confession.” In an open letter to Japanese authorities published in the French newspaper Le Monde last month, 50 French lawyers accused Tokyo prosecutors of trying to obtain a “forced confession.”
It hasn’t worked with Mr. Ghosn. The fallen executive, who is 64, last appeared in court on Jan. 8, noticeably thinner but firm in his insistence that he has been “wrongly accused and unfairly detained.” More recently, he has gone on the counteroffensive by hiring a new team of lawyers led by Junichiro Hironaka, who is known as “the Razor” for winning not-guilty verdicts in some prominent cases.It hasn’t worked with Mr. Ghosn. The fallen executive, who is 64, last appeared in court on Jan. 8, noticeably thinner but firm in his insistence that he has been “wrongly accused and unfairly detained.” More recently, he has gone on the counteroffensive by hiring a new team of lawyers led by Junichiro Hironaka, who is known as “the Razor” for winning not-guilty verdicts in some prominent cases.
The defense is likely to claim that Mr. Ghosn is a victim of corporate intrigue and should not be in court to begin with. The lawyers are also likely to take on the justice system itself, arguing that Mr. Ghosn’s detention has been arbitrary and unnecessary.The defense is likely to claim that Mr. Ghosn is a victim of corporate intrigue and should not be in court to begin with. The lawyers are also likely to take on the justice system itself, arguing that Mr. Ghosn’s detention has been arbitrary and unnecessary.
There is no telling when the trial will take place. When it does, it is not only a legendary auto executive, but also the Japanese legal system, that will be in the dock.There is no telling when the trial will take place. When it does, it is not only a legendary auto executive, but also the Japanese legal system, that will be in the dock.
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