Tokyo prosecutors seek two-year sentence for former Nissan executive Kelly

Reuters

Published Sep 29, 2021 04:13AM ET

Updated Sep 29, 2021 05:06AM ET

By Tim Kelly

TOKYO (Reuters) -Japanese prosecutors asked a Tokyo court on Wednesday to send former Nissan (OTC:NSANY) Motor executive Greg Kelly to prison for two years for his alleged part in helping Carlos Ghosn, the carmaker's ousted CEO, hide earnings.

Prosecutors, who are also seeking a 200 million yen ($1.8 million) fine for the Japanese carmaker, called for the jail sentence for Kelly during their closing arguments in a trial that began a year ago.

A ruling in the case is expected next year, and if found guilty Kelly could join two other Americans who are serving time in Japan after a court sentenced them in July for helping smuggle Ghosn out of Japan on a private jet hidden in luggage to Lebanon at the end of 2019, where he remains as a fugitive.

Japan's conviction rate is about 99%

Kelly has denied charges he helped Ghosn hide 9.3 billion yen of Ghosn's earnings over eight years through deferred payments, saying in his only goal had been to retain a chief executive who could have been lured away by a rival automaker.

In 2010, Japan introduced new financial regulations forcing company executives earning more than 1 billion yen a year to disclose their compensation.

Ghosn, who also denies any wrongdoing, faces separate breach of trust charges that allege he enriched himself at Nissan's expense through $5 million in payments to a Middle East car dealership, and by temporarily transferring personal financial losses to his employer’s books.

Both former Nissan executives allege they are victims of a boardroom coup by former colleagues worried that Ghosn would push through a merger between Nissan and Renault SA (OTC:RNLSY), its largest shareholder.