By on February 12, 2020

Carlos Ghosn - Titan intro - Image: Nissan

Jeez, it’s a good thing they didn’t have kids.

Nissan has responded to former chairman and CEO Carlos Ghosn’s escape from Japanese captivity — and subsequent doubling down on his accusations of a corporate coup orchestrated by Nissan execs, with the help of Japanese officials — by filing a lawsuit.

As it attempts to free up cash elsewhere in the company, the struggling automaker is seeking to recoup losses from Ghosn’s alleged financial impropriety.

The civil suit filed in Yokohama District Court Wednesday seeks to recover financial damages “linked to Ghosn’s breach of fiduciary duty as a company director and his misappropriation of Nissan’s resources and assets,” Nissan said in a statement.

“The size of the damages claim is expected to increase in future as Nissan seeks to recover fines to be paid to the Japanese Financial Services Agency and likely penalties imposed on the company in criminal proceedings related to Ghosn’s misconduct.”

Nissan’s official release doesn’t hold back, claiming the company’s former boss engaged in “corrupt practices over many years.”

According to Nissan, the company is looking to collect:

  • funds linked to fraudulent payments made to or by Ghosn as outlined in Nissan’s statement of September 9, 2019, including the use of overseas residential property without paying rent, private use of corporate jets, payments to his sister, payments to his personal lawyer in Lebanon, etc.;
  • resources and costs related to Nissan’s internal investigation into Ghosn and his misconduct
  • legal and regulatory costs incurred in Japan, the U.S., the Netherlands and other territories

The latest lawsuit adds to one filed in the British Virgin Islands last year, in which Nissan sought to recoup damages “where unauthorized payments and transactions were processed through special purpose entities, seeking the title of a luxury yacht and/or damages and other relief.”

After his daring escape from Japan in late December, where he was being held under house arrest awaiting trial, Ghosn set up shop in extradition treaty-free Lebanon. There, he called a press conference in which he railed against his former company.

That candid exchange clearly rankled Nissan brass, who claim they reserve “the right to pursue separate legal action over groundless and defamatory remarks made by Ghosn in comments to the media following his escape to Lebanon in violation of his bail conditions in Japan.”

The lawsuit comes a day ahead of what’s expected to be a terrible earnings report for the automaker. Citing sources, Reuters claims Nissan will announce its first quarterly loss since the depths of the Great Recession.

Of course, this timing was not lost on Team Ghosn.

As reported by The Guardian, a spokesperson for the fugitive stated, “Nissan’s manoeuvres continue. This complaint is made public on the eve of the Japanese group’s financial results. We note that after months of announcing damages of ¥35bn, Nissan is now claiming ¥10bn at the moment.”

The spokesperson added, “Mr Ghosn’s lawyers will react on the merits of the case once the content of the claim has been brought to their attention.”

[Image: Nissan]

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11 Comments on “Bad Breakup: Nissan Hits Former Boss With $90 Million Lawsuit...”

  • avatar

    Ouch! He’s going to need that book/movie deal, and soon.

  • avatar

    Ghosn has a lot to answer for. So does the company. Nissan’s assertions are dripping with hypocrisy.

    At best this says Nissan had disastrously deficient internal controls if they couldn’t detect the malfeasance they accuse Ghosn of but that isn’t credible. Private use of corporate jets and overseas property by one of the most highly visible executives in Japan went unnoticed? That’s BS. They turned a blind eye to his actions and abrogated their fiduciary and legal responsibilities as corporate officers. They should be in the docket too.

    • 0 avatar

      I have a feeling this is a case where Ghosn did do the things he’s accused of doing, things which are done day in and day out by execs there, but since he’s a foreigner they’re using it as an excuse to make him the “fall guy” for the company’s financial woes.

      • 0 avatar

        Could not agree with you more. Let’s see if any (non-foreign) company execs face retribution. “You should be humble and reflect deeply on how you let the company down” and then they walk.

  • avatar

    Maybe they should focus their efforts on making cars that are compelling.

    This doesn’t increase the likelihood I will visit a Nissan or Infiniti dealership.

  • avatar
    schmitt trigger

    Coming soon an Oscar-worthy mini series from Netflix or HBO.

    May I suggest a tentative name? Icarus.
    With a winged Goshn flying in front of a blood-red, menacing rising sun.

    • 0 avatar

      The Great Escape would be a good movie, but I doubt the rest would be much of a mini-series. Every episode would be a court case or events leading up to one, and courtroom dramas don’t sell that well as stand-alones, much less mini-series.

  • avatar
    Tele Vision

    It would seem that Nissan is blaming its massive loss on one gaijin’s scarpered tail. Won’t work.

  • avatar

    That’s all right but does not solve Nissan’s problems. Are Chip and Dale coming to rescue or Nissan is dooming going bankrupt this time? Because Carlos is not coming back.

  • avatar

    Doesn’t Nissan have any internal controls to prevent these things from happening? Nobody’s right when everyone is wrong.

  • avatar

    At least he made enough money for Nissan to misappropriate!

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