Bad Breakup: Nissan Hits Former Boss With $90 Million Lawsuit

Steph Willems
by Steph Willems

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]

Steph Willems
Steph Willems

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  • 65corvair 65corvair on Feb 12, 2020

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

  • Flipper35 Flipper35 on Feb 13, 2020

    At least he made enough money for Nissan to misappropriate!

  • JMII I doubt Hyundai would spend the development costs without having some idea of a target buyer.As an occasional track rat myself I can't imagine such a buyer exists. Nearly $70k nets you a really good track toy especially on the used market. This seems like a bunch of gimmicks applied to a decent hot hatch EV that isn't going to impression anyone given its badge. Normally I'd cheer such a thing but it seems silly. Its almost like they made this just for fun. That is awesome and I appreciate it but given the small niche I gotta think the development time, money and effort should have been focused elsewhere. Something more mainstream? Or is this Hyundai's attempt at some kind of halo sports car?Also seems Hyundai never reviles sales targets so its hard to judge successful products in their line up. I wonder how brutal depreciation will be on these things. In two years at $40k this would a total hoot.So no active dampers on this model?
  • Analoggrotto Colorado baby!
  • Rob Woytuck Weight is also a factor for ferries which for instance in British Columbia, Canada are part of the highway system.
  • Ajla I guess some people were big fans of Milli Vanilli and Real Dolls (don't Google that at work) but I have a very large problem with the fake engine sounds and fake transmissions. If you turn them off does it stay off forever or does it turn back on whenever you go into sport mode?
  • Probert That X frame was a killer. No nostalgia for these things to be honest. Yup - life of the party....